Notices. Notification of Proposed Altered System of Records

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Privacy Act of 1974; Proposed Altered System of Records AGENCY: National Institutes of Health (NIH), Department of Health and Human Services (DHHS). ACTION: Notification of Proposed Altered System of Records. SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended (Privacy Act), the National Institutes of Health

(NIH)hereby publishes a notice of a proposal to alter System of Records, No. 09-25-0168, “Invention, Patent, and Licensing Documents Submitted to the Public Health Service by its Employees, Grantees, Fellowship Recipients, and Contractors, HHS/NIH/OD.” NIH proposes a new legal authority for the maintenance of the System to read: 15 U.S.C. 3710, 3710a, 3710c & 3710d and 35 U.S.C. 200 *et seq.* provide authority to maintain the records; 37 CFR part 401 “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements;” 37 CFR part 404 “Licensing of Government Owned Inventions;” and 45 CFR part 7 “Employee Inventions.” NIH is also proposing new routine uses for this System. These records will be maintained by the Office of Technology Transfer (OTT), OIR/OD; Office of Financial Management (OFM), OD; Office of Reports and Analysis (ORA), OER/OD; Health and Human Services Technology Development Coordinators and HHS Contract Attorneys who retain files supplemental to the records maintained by the Office of Technology Transfer; and the Extramural Inventions and Technology Resources Branch, OPERA/OER/OD. DATES: The NIH invites interested parties to submit comments on or before September 13, 2006. The NIH will send a Report of the Proposed Altered System to the Congress and to the Office of Management and Budget (OMB). The proposed altered System of Records will be effective 40 days from the date submitted to the OMB, unless NIH receives comments that would result in a contrary determination. ADDRESSES: You may submit comments, identified by the Privacy Act System of Records Number 09-25-0168, by any of the following methods: • *Federal eRulemaking Portal: http://regulations.gov* . Follow the instructions for submitting comments. • *E-mail: nihprivacyactofficer@mail.nih.gov* and include PA SOR number 09-25-0168 in the subject line of the message. • *Phone:*

(301)496-2832 (not a toll-free number). • *Fax:*

(301)402-0169. • *Mail:* NIH Privacy Act Officer, Office of Management Assessment, National Institutes of Health, 6011 Executive Boulevard, Suite 601, MSC 7669, Rockville, Maryland 20892. • *Hand Delivery/Courier:* 6011 Executive Boulevard, Suite 601, MSC 7669, Rockville, Maryland 20892. Comments received will be available for inspection and copying at this same address from 9 a.m. to 3 p.m., Monday through Friday, Federal holidays excepted. FOR FURTHER INFORMATION, CONTACT: NIH Privacy Act Officer, Office of Management Assessment (OMA), Office of the Director (OD), National Institutes of Health (NIH), 6011 Executive Boulevard, Suite 601, MSC 7669, Rockville, Maryland 20892, or telephone

(301)496-2832 (not a toll-free number). SUPPLEMENTARY INFORMATION: The NIH proposes to alter System of Records, No. 09-25-0168, “Invention, Patent, and Licensing Documents Submitted to the Public Health Service by its Employees, Grantees, Fellowship Recipients, and Contractors, HHS/NIH/OD.” This System of Records will be used to:

(1)Obtain patent protection of inventions when title is assigned to HHS;

(2)monitor the development of inventions made by grantees and contractors and protect the government rights to patents made with NIH support;

(3)grant licenses to HHS inventions; and

(4)administer and provide royalty payments to HHS inventors. This System of Records contains information such as inventor name, address, social security number (required if inventor is receiving royalties, otherwise optional), title and description of the invention, Employee Invention Report

(EIR)Number, Case/Serial Number, prior art related to the invention, evaluation of the commercial potential of the invention, prospective licensees' intended development of the invention, associated patent prosecution and licensing documents and royalty payment information. This System also includes other documents developed or information and material received by HHS from grantees and contractors who have reported inventions made with HHS funding, as well as HHS employee inventors who have assigned title to their inventions to HHS when HHS has applied for patents, has been granted patents, and/or is receiving royalties from patents. The records in this System may also contain reports of action taken by the agency, and decisions and reports on legal matters associated with invention, patent, and licensing matters. This System also includes information and material received from inventors and other collaborating persons, grantees, fellowship recipients and contractors; other Federal agencies; scientific experts from non-Government organizations; contract patent counsel and their employees and foreign contract personnel; United States and foreign patent offices; prospective licensees; HHS Technology Development Coordinators; Internet and commercial databases; and third parties whom HHS contacts to determine individual invention ownership or Government ownership. These records are retrieved by name of the inventor, Employee Invention Report

(EIR)Number, or keywords relating to the nature of the invention, Case/Serial Number, licensing number, internal reference numbers, contractor, agency, Institute, and/or Center. The records in this System are stored in file folders, computer tapes, and computer disks. The records in this System will be maintained in designated NIH offices in a secure manner compatible with their content and use. During normal business hours, records at OTT are managed by on-site contractor personnel who regulate availability of the files. During evening and weekend hours the offices are locked and the building is closed. These practices are in compliance with the standards of the General Administration Manual, PHS Supplementary Chapter 45-13 “Safeguarding Records Contained in Systems of Records”; and the HHS Automated Information Systems Security Program Handbook. Data on computer files is accessed by password known only to authorized users who are NIH or contractor employees involved in patenting and licensing of HHS inventions or in keeping records of inventions made by HHS contractors and grantees. Access to information is thus limited to those with a need to know. Data stored in computers will be accessed through the use of passwords known only to the authorized users. A password is required to access the database. All users of personal information in connection with the performance of their jobs protect information, including confidential business information submitted by potential licensees, from public view and from unauthorized personnel entering an unsupervised office. The records in this System are retained and disposed of under the authority of the NIH Records Control Schedule contained in NIH Manual Chapter 1743, Appendix 1—“Keeping and Destroying Records” (HHS Records Management Manual, Appendix B-361), item 1100-L, which allows records to be kept for a maximum of thirty years. Refer to the NIH Manual chapter for specific disposition instructions. The routine uses proposed for this System are compatible with the stated purpose of the System and support the agency's administration of invention, patent, and licensing programs and requirements: The first routine use permits disclosure to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. The second routine use permits the National Institutes of Health (NIH), Department of Health and Human Services (HHS; also referred to as “Department”) to disclose information from this System of Records to the Department of Justice when:

(a)HHS or any component thereof; or

(b)any employee of HHS in their official capacity where the Department of Justice has agreed to represent the employee; or

(c)the United States Government is a party to litigation or has an interest in the litigation, and after careful review, HHS determines that the records are both relevant and necessary to the litigation and the use of the records by the Department of Justice is therefore deemed by HHS to be for a purpose that is compatible with the purpose for which HHS collected the records. Disclosure may also be made to the Department of Justice to obtain legal advice concerning issues raised by the records in this System. The third routine use permits disclosure to a court or adjudicative body of competent jurisdiction in a proceeding when:

(a)HHS or any component thereof; or

(b)any employee of the agency in their official capacity; or

(c)any employee of HHS in their individual capacity where HHS has agreed to represent the employee; or

(d)the United States Government is party to litigation or has an interest in the litigation, and, after careful review, HHS determines that the records are both relevant and necessary to the litigation and the use of the records is therefore deemed by HHS to be for a purpose that is compatible with the purpose for which HHS collected the records. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising under general statute or particular program statute, or under regulation, rule, or order issued pursuant thereto, the fourth routine use permits disclosure to the appropriate agency, whether Federal, State, local, foreign, or tribal, or other public authority or agency responsible for enforcing, investigating or prosecuting the violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutive responsibility of the receiving entity. The fifth routine use permits disclosure to a Federal, State, local, foreign, or tribal or other public authority or agency of any portion of this System of Records that contains information relevant to the retention of an employee, the retention of a security clearance, the award of a grant or contract, or the issuance or retention of a license, patent or other monetary or nonmonetary benefit. Another agency or licensing organization may make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosures shall be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action. The sixth routine use permits disclosure to a Federal, State, local or foreign agency maintaining civil, criminal, or other relevant enforcement records, or other pertinent records, or to another public authority or professional organization, if necessary to obtain information relevant to an investigation concerning the retention of an employee or other personnel action, the retention of a security clearance, the award of a grant or contract, or the issuance or retention of a license, patent or other monetary or nonmonetary benefit. Under the seventh routine use, where Federal agencies having the power to subpoena other Federal agencies' records, such as the Internal Revenue Service or the Civil Rights Commission, issue a subpoena to HHS for records in this System of Records, HHS may make those records available. The eighth routine use permits disclosure to agency contractors, experts, or consultants who have been engaged by the agency to assist in the performance of a service related to this System of Records and who need to have access to the records in order to perform the activity. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended (Act, also referred to as “Privacy Act”), pursuant to 5 U.S.C. 552a(m). The ninth routine use permits NIH to disclose information from this System of Records for the purpose of obtaining patent protection for HHS inventions and licenses for these and other HHS inventions to:

(a)Scientific personnel, both in this agency and other Government agencies, and in non-Governmental organizations such as universities, who possess the expertise to understand the invention and evaluate its importance as a scientific advance;

(b)contract patent counsel and their employees and foreign contract personnel retained by the Department for patent searching and prosecution in both the United States and foreign patent offices;

(c)all other Government agencies whom HHS contacts regarding the possible use, interest in, or ownership rights in HHS inventions;

(d)prospective licensees or technology finders who may further make the invention available to the public through sale or use;

(e)parties, such as supervisors of inventors, whom HHS contacts to determine ownership rights, and those parties contacting HHS to determine the Government's ownership; and

(f)the United States and foreign patent offices involved in the filing of HHS patent applications. Under the tenth routine use, NIH shall report to the Treasury Department, Internal Revenue Service (IRS), as taxable income, the amount of royalty payment paid to HHS inventors. The eleventh routine use permits NIH to disclose information from this System of Records to:

(a)Potential clinical trial participants, under the rules and regulations governing the NIH human subjects protections program, when an investigator has any financial interests that might be relevant for their consideration when deciding whether or not to participate in a trial and;

(b)the general public to reveal the compensation that government scientists receive on licensed inventions generated during their government work. The following notice is written in the present tense, rather than the future tense, in order to avoid the unnecessary expenditure of public funds to republish the notice after the System has become effective. Dated: June 9, 2006. Colleen Barros, Deputy Director for Management, NIH. 09-25-0168. Security Classification: None. System Name: Invention, Patent, and Licensing Documents Submitted to the Public Health Service by its Employees, Grantees, Fellowship Recipients, and Contractors, HHS/NIH/OD. System Location: Office of Technology Transfer (OTT), Office of Intramural Research, Office of the Director, 6011 Executive Boulevard, Suite 325, Bethesda, MD 20852. Office of Financial Management (OFM), Office of the Director, Building 31, Room B1B55, 31 Center Drive, Bethesda, MD 20892. Office of Reports and Analysis (ORA), Office of Extramural Research, Office of the Director, Building 1, Room 252, 1 Center Drive, Bethesda, MD 20892-2184. Health and Humans Services Technology Development Coordinators and HHS Contract Attorneys who retain files supplemental to the records maintained by the Office of Technology Transfer. Extramural Inventions and Technology Resources Branch, Office of Policy for Extramural Research Administration (OPERA), Office of Extramural Research, Office of the Director, Rockledge I, Room 1040, 6705 Rockledge Drive, Bethesda, MD 20892-7980. Write to the System Manager below for office locations. Categories Of Individuals Covered By The System: HHS grantees and contractors who have reported inventions made with HHS funding, as well as HHS employee inventors who have assigned title to their inventions to HHS when HHS has applied for patents, has been granted patents, and/or is receiving royalties from patents. Categories Of Records In The System: This System of Records contains information such as inventor name, address, social security number (required if inventor is receiving royalties, otherwise optional), title and description of the invention, Employee Invention Report

(EIR)Number, Case/Serial Number, prior art related to the invention, evaluation of the commercial potential of the invention, prospective licensees' intended development of the invention, associated patent prosecution and licensing documents and royalty payment information. This System also includes other documents developed or information and material received by HHS from grantees and contractors who have reported inventions made with HHS funding, as well as HHS employee inventors who have assigned title to their inventions to HHS when HHS has applied for patents, has been granted patents, and/or is receiving royalties from patents. The records in this System may also contain reports of action taken by the agency, and decisions and reports on legal matters associated with invention, patent, and licensing matters. This System also includes information and material received from inventors and other collaborating persons, grantees, fellowship recipients and contractors; other Federal agencies; scientific experts from non-Government organizations; contract patent counsel and their employees and foreign contract personnel; United States and foreign patent offices; prospective licensees; HHS Technology Development Coordinators, Internet and commercial databases, and third parties whom HHS contacts to determine individual invention ownership or Government ownership. These records are retrieved by name of the inventor, Employee Invention Report

(EIR)Number, or keywords relating to the nature of the invention, Case/Serial Number, licensing number, internal reference numbers, contractor, agency, Institute, and/or Center. The records in this System are stored in file folders, computer tapes, and computer disks. The records in this System will be maintained in designated NIH offices in a secure manner compatible with their content and use. During normal business hours, records at OTT are managed by on-site contractor personnel who regulate availability of the files. During evening and weekend hours the offices are locked and the building is closed. These practices are in compliance with the standards of the General Administration Manual, PHS Supplementary Chapter 45-13 “Safeguarding Records Contained in Systems of Records”; and the HHS Automated Information Systems Security Program Handbook. Data on computer files is accessed by password known only to authorized users who are NIH or contractor employees involved in patenting and licensing of HHS inventions or in keeping records of inventions made by HHS contractors and grantees. Access to information is thus limited to those with a need to know. Data stored in computers will be accessed through the use of passwords known only to the authorized users. A password is required to access the database. All users of personal information in connection with the performance of their jobs protect information, including confidential business information submitted by potential licensees, from public view and from unauthorized personnel entering an unsupervised office. Authority For Maintenance Of The System: 15 U.S.C. 3710, 3710a, 3710c & 3710d and 35 U.S.C. 200 et seq. provide authority to maintain the records; 37 CFR Part 401 “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements;” 37 CFR Part 404 “Licensing of Government Owned Inventions;” and 45 CFR Part 7 “Employee Inventions.” Purpose(S) Of The System: Records in this System are used to:

(1)Obtain patent protection of inventions when title is assigned to HHS;

(2)monitor the development of inventions made by grantees and contractors and protect the government rights to patents made with NIH support;

(3)grant licenses to HHS inventions; and

(4)administer and provide royalty payments to HHS inventors. Routine Uses Of Records Maintained In The System, Including Categories Of Users And The Purposes For Which The Records May Be Used: The routine uses proposed for this System are compatible with the stated purpose of the System and support the agency's administration of invention, patent, and licensing programs and requirements: 1. Disclosure may be made to a Member of Congress or to a Congressional staff member in response to an inquiry of the Congressional office made at the written request of the constituent about whom the record is maintained. 2. The Department of Health and Human Services (HHS; also referred to as “Department”) may disclose information from this System of Records to the Department of Justice when:

(a)HHS or any component thereof; or

(b)any employee of HHS in their official capacity where the Department of Justice has agreed to represent the employee; or

(c)the United States Government is a party to litigation or has an interest in the litigation, and after careful review, HHS determines that the records are both relevant and necessary to the litigation and the use of the records by the Department of Justice is therefore deemed by HHS to be for a purpose that is compatible with the purpose for which HHS collected the records. Disclosure may also be made to the Department of Justice to obtain legal advice concerning issues raised by the records in this System. 3. Disclosure may be made to a court or adjudicative body of competent jurisdiction in a proceeding when:

(a)HHS or any component thereof; or

(b)any employee of the agency in their official capacity; or

(c)any employee of HHS in their individual capacity where HHS has agreed to represent the employee; or

(d)the United States Government is party to litigation or has an interest in the litigation, and, after careful review, HHS determines that the records are both relevant and necessary to the litigation and the use of the records is therefore deemed by HHS to be for a purpose that is compatible with the purpose for which HHS collected the records. 4. When a record on its face, or in conjunction with other records, indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising under general statute or particular program statute, or under regulation, rule, or order issued pursuant thereto, disclosure may be made to the appropriate agency, whether Federal, State, local, foreign or tribal, or other public authority or agency responsible for enforcing, investigating or prosecuting the violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto, if the information disclosed is relevant to any enforcement, regulatory, investigative or prosecutive responsibility of the receiving entity. 5. Disclosure may be made to a Federal, State, local, foreign, or tribal or other public authority or agency of any portion of this System of Records that contains information relevant to the retention of an employee, the retention of a security clearance, the award of a grant or contract, or the issuance or retention of a license, patent or other monetary or nonmonetary benefit. Another agency or licensing organization may make a request supported by the written consent of the individual for the entire record if it so chooses. No disclosures shall be made unless the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action. 6. Disclosure may be made to a Federal, State, local or foreign agency maintaining civil, criminal, or other relevant enforcement records, or other pertinent records, or to another public authority or professional organization, if necessary to obtain information relevant to an investigation concerning the retention of an employee or other personnel action, the retention of a security clearance, the award of a grant or contract, or the issuance or retention of a license, patent or other monetary or nonmonetary benefit. 7. Where Federal agencies having the power to subpoena other Federal agencies' records, such as the Internal Revenue Service or the Civil Rights Commission, issue a subpoena to HHS for records in this system of records, HHS may make those records available. 8. Disclosure may be made to agency contractors, experts, or consultants who have been engaged by the agency to assist in the performance of a service related to this System of Records and who need to have access to the records in order to perform the activity. Recipients shall be required to comply with the requirements of the Privacy Act of 1974, as amended (Act, also referred to as “Privacy Act”), pursuant to 5 U.S.C. 552a(m). 9. NIH may disclose information from this System of Records for the purpose of obtaining patent protection for HHS inventions and licenses for these and other HHS inventions to:

(b)contract patent counsel and their employees and foreign contract personnel retained by the Department for patent searching and prosecution in both the United States and foreign patent offices;

(c)all other Government agencies whom HHS contacts regarding the possible use, interest in, or ownership rights in HHS inventions;

(d)prospective licensees or technology finders who may further make the invention available to the public through sale or use;

(e)parties, such as supervisors of inventors, whom HHS contacts to determine ownership rights, and those parties contacting HHS to determine the Government's ownership; and

(f)the United States and foreign patent offices involved in the filing of HHS patent applications. 10. NIH shall report to the Treasury Department, Internal Revenue Service (IRS), as taxable income, the amount of royalty payment paid to HHS inventors. 11. NIH may disclose information from this System of Records to:

(b)the general public to reveal the compensation that government scientists receive on licensed inventions generated during their government work. Policies And Practices For Storing, Retrieving, Accessing, Retaining, And Disposing Of Records In The System: Storage: The records in this System are stored in file folders, computer tapes, and computer disks. Retrievability: Records are retrieved by name of the inventor, Employee Invention Report

(EIR)Number, or keywords relating to the nature of the invention, Case/Serial Number, licensing number, internal reference numbers, contractor, agency, Institute, and/or Center. Safeguards: 1. Authorized Users: Data on computer files is accessed by password known only to authorized users who are NIH or contractor employees involved in patenting and licensing of HHS inventions or in keeping records of inventions made by HHS contractors and grantees. Access to information is thus limited to those with a need to know. 2. Physical Safeguards: The records in this System will be maintained in designated NIH offices in a secure manner compatible with their content and use. During normal business hours, records at OTT are managed by on-site contractor personnel who regulate availability of the files. During evening and weekend hours the offices are locked and the building is closed. These practices are in compliance with the standards of the General Administration Manual, PHS Supplementary Chapter 45-13 “Safeguarding Records Contained in Systems of Records”; and the HHS Automated Information Systems Security Program Handbook. 3. Procedural and Technical Safeguards: Data stored in computers will be accessed through the use of passwords known only to the authorized users. A password is required to access the database. All users of personal information in connection with the performance of their jobs (see Authorized Users, above) protect information, including confidential business information submitted by potential licensees, from public view and from unauthorized personnel entering an unsupervised office. Retention And Disposal: Records are retained and disposed of under the authority of the NIH Records Control Schedule contained in NIH Manual Chapter 1743, Appendix 1—“Keeping and Destroying Records” (HHS Records Management Manual, Appendix B-361), item 1100-L, which allows records to be kept for a maximum of thirty years. Refer to the NIH Manual Chapter for specific disposition instructions. System Manager(S) And Address: Freedom of Information Act Coordinator, Office of Technology Transfer, Office of Intramural Research, Office of the Director, 6011 Executive Boulevard, Suite 325, Bethesda, MD 20852. Office of Financial Management, Office of Management, Office of the Director, 2115 E. Jefferson Street, Room 3A-307, Rockville, MD 20892. Office of Reports and Analysis, Office of Extramural Research, Office of the Director, Building 1, Room 252, 1 Center Drive, Bethesda, MD 20892-2184. Extramural Inventions and Technology Resources Branch, Office of Policy for Extramural Research Administration, Office of Extramural Research, Office of the Director, Rockledge I, 6705 Rockledge Drive, Room 1040, Bethesda, MD 20892-7980. Notification Procedures: To determine if a record exists, write to the System Manager listed above. A requestor must also verify their identity by providing either a notarization of the request or a written certification that the requestor is who he or she claims to be and understands that the knowing and willful request for acquisition of a record pertaining to an individual under false pretenses is a criminal offense under the Act, subject to a five thousand dollar fine. The request should include:

(a)Full name, and

(b)appropriate identifying information on the nature of the invention. Records Access Procedure: Write to the System Manager specified above to attain access to records and provide the same information as is required under the Notification Procedures. Requesters should also reasonably specify the contents of the records being sought. Individuals may also request an accounting of disclosure of their records, if any. Contesting Record Procedure: Contact the System Manager specified above and reasonably identify the record, specify the information to be contested, the corrective action sought, and your reasons for requesting the correction, along with supporting information to show how the record is inaccurate, incomplete, untimely or irrelevant. The right to contest records is limited to information which is incomplete, irrelevant, incorrect, or untimely (obsolete). Record Source Categories: Inventors and other collaborating persons, grantees, fellowship recipients and contractors; other Federal agencies; scientific experts from non-Government organizations; contract patent counsel and their employees and foreign contract personnel; United States and foreign patent offices; prospective licensees; HHS Technology Development Coordinators, Internet and commercial databases, and third parties whom HHS contacts to determine individual invention ownership or Government ownership. Systems Exempted From Certain Provisions Of The Act: None. [FR Doc. E6-13212 Filed 8-11-06; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Notice of Listing of Members of the National Institutes of Health's Senior Executive Service Performance Review Board

(PRB)The National Institutes of Health

(NIH)announces the persons who will serve on the National Institutes of Health's Senior Executive Service Performance Review Board. This action is being taken in accordance with Title 5, U.S.C., Section 4314(c)(4), which requires that members of performance review boards be appointed in a manner to ensure consistency, stability, and objectivity in performance appraisals and requires that notice of the appointment of an individual to serve as a member be published in the **Federal Register** . The following persons will serve on the NIH Performance Review Board, which oversees the evaluation of performance appraisals of NIH Senior Executive Service

(SES)members: Ms. Colleen Barros (Chair). Dr. Norka Ruiz Bravo. Dr. Michael Gottesman. Dr. John Hallenbeck. Ms. Lynn Hellinger. Dr. Raynard Kington. Dr. Lore Anne McNicol. For further information about the NIH Performance Review Board, contact the Office of Human Resources, Workforce Relations Division, National Institutes of Health, Building 31, Room B3C07, Bethesda, Maryland 20892, telephone 301-402-9203 (not a toll-free number). Dated: August 1, 2006. Elias A. Zerhouni, Director, National Institutes of Health. [FR Doc. E6-13209 Filed 8-11-06; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies AGENCY: Substance Abuse and Mental Health Services Administration, HHS. ACTION: Notice. SUMMARY: The Department of Health and Human Services

(HHS)notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the **Federal Register** on April 11, 1988 (53 FR 11970), and subsequently revised in the **Federal Register** on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644). A notice listing all currently certified laboratories is published in the **Federal Register** during the first week of each month. If any laboratory's certification is suspended or revoked, the laboratory will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory has withdrawn from the HHS National Laboratory Certification Program

(NLCP)during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at *http://workplace.samhsa.gov* and *http://www.drugfreeworkplace.gov.* FOR FURTHER INFORMATION CONTACT: Mrs. Giselle Hersh or Dr. Walter Vogl, Division of Workplace Programs, SAMHSA/CSAP, Room 2-1035, 1 Choke Cherry Road, Rockville, Maryland 20857; 240-276-2600 (voice), 240-276-2610 (fax). SUPPLEMENTARY INFORMATION: The Mandatory Guidelines were developed in accordance with Executive Order 12564 and section 503 of Pub. L. 100-71. Subpart C of the Mandatory Guidelines, “Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies,” sets strict standards that laboratories must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant laboratory must undergo three rounds of performance testing plus an on-site inspection. To maintain that certification, a laboratory must participate in a quarterly performance testing program plus undergo periodic, on-site inspections. Laboratories which claim to be in the applicant stage of certification are not to be considered as meeting the minimum requirements described in the HHS Mandatory Guidelines. A laboratory must have its letter of certification from HHS/SAMHSA (formerly: HHS/NIDA) which attests that it has met minimum standards. In accordance with Subpart C of the Mandatory Guidelines dated April 13, 2004 (69 FR 19644), the following laboratories meet the minimum standards to conduct drug and specimen validity tests on urine specimens: ACL Laboratories, 8901 W. Lincoln Ave., West Allis, WI 53227, 414-328-7840 / 800-877-7016, (Formerly: Bayshore Clinical Laboratory). ACM Medical Laboratory, Inc., 160 Elmgrove Park, Rochester, NY 14624, 585-429-2264. Advanced Toxicology Network, 3560 Air Center Cove, Suite 101, Memphis, TN 38118, 901-794-5770 / 888-290-1150. Aegis Analytical Laboratories, Inc., 345 Hill Ave., Nashville, TN 37210, 615-255-2400. Baptist Medical Center-Toxicology Laboratory, 9601 I-630, Exit 7, Little Rock, AR 72205-7299, 501-202-2783, (Formerly: Forensic Toxicology Laboratory Baptist Medical Center). Clinical Reference Lab, 8433 Quivira Road, Lenexa, KS 66215-2802, 800-445-6917. Diagnostic Services, Inc., dba DSI, 12700 Westlinks Drive, Fort Myers, FL 33913, 239-561-8200 / 800-735-5416. Doctors Laboratory, Inc., 2906 Julia Drive, Valdosta, GA 31602, 229-671-2281. DrugScan, Inc., P.O. Box 2969, 1119 Mearns Road, Warminster, PA 18974, 215-674-9310. Dynacare Kasper Medical Laboratories*, 10150-102 St., Suite 200, Edmonton, Alberta, Canada T5J 5E2, 780-451-3702 / 800-661-9876. ElSohly Laboratories, Inc., 5 Industrial Park Drive, Oxford, MS 38655, 662-236-2609. Gamma-Dynacare Medical Laboratories*, A Division of the Gamma-Dynacare, Laboratory Partnership, 245 Pall Mall Street, London, ONT, Canada N6A 1P4, 519-679-1630. General Medical Laboratories, 36 South Brooks St., Madison, WI 53715, 608-267-6225. Kroll Laboratory Specialists, Inc., 1111 Newton St., Gretna, LA 70053, 504-361-8989 / 800-433-3823, (Formerly: Laboratory Specialists, Inc.). Kroll Scientific Testing Laboratories, Inc., 450 Southlake Blvd., Richmond, VA 23236, 804-378-9130, (Formerly: Scientific Testing Laboratories, Inc.). Laboratory Corporation of America Holdings, 7207 N. Gessner Road, Houston, TX 77040, 713-856-8288 / 800-800-2387. Laboratory Corporation of America Holdings, 69 First Ave., Raritan, NJ 08869, 908-526-2400 / 800-437-4986, (Formerly: Roche Biomedical Laboratories, Inc.). Laboratory Corporation of America Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, 919-572-6900 / 800-833-3984, (Formerly: LabCorp Occupational Testing Services, Inc., CompuChem Laboratories, Inc.; CompuChem Laboratories, Inc., A Subsidiary of Roche Biomedical Laboratory; Roche CompuChem Laboratories, Inc., A Member of the Roche Group). Laboratory Corporation of America Holdings, 10788 Roselle St., San Diego, CA 92121, 800-882-7272, (Formerly: Poisonlab, Inc.). Laboratory Corporation of America Holdings, 550 17th Ave., Suite 300, Seattle, WA 98122, 206-923-7020 / 800-898-0180, (Formerly: DrugProof, Division of Dynacare/Laboratory of Pathology, LLC; Laboratory of Pathology of Seattle, Inc.; DrugProof, Division of Laboratory of Pathology of Seattle, Inc.). Laboratory Corporation of America Holdings, 1120 Main Street, Southaven, MS 38671, 866-827-8042 / 800-233-6339, (Formerly: LabCorp Occupational Testing Services, Inc.; MedExpress/National Laboratory Center). Marshfield Laboratories, Forensic Toxicology Laboratory, 1000 North Oak Ave., Marshfield, WI 54449, 715-389-3734 / 800-331-3734. MAXXAM Analytics Inc.*, 6740 Campobello Road, Mississauga, ON, Canada L5N 2L8, 905-817-5700, (Formerly: NOVAMANN (Ontario), Inc.). MedTox Laboratories, Inc., 402 W. County Road D, St. Paul, MN 55112, 651-636-7466 / 800-832-3244. MetroLab-Legacy Laboratory Services, 1225 NE 2nd Ave., Portland, OR 97232, 503-413-5295 / 800-950-5295. Minneapolis Veterans Affairs Medical Center, Forensic Toxicology Laboratory, 1 Veterans Drive, Minneapolis, MN 55417, 612-725-2088. National Toxicology Laboratories, Inc., 1100 California Ave., Bakersfield, CA 93304, 661-322-4250/800-350-3515. One Source Toxicology Laboratory, Inc., 1213 Genoa-Red Bluff, Pasadena, TX 77504, 888-747-3774, (Formerly: University of Texas Medical Branch, Clinical Chemistry Division; UTMB Pathology-Toxicology Laboratory). Oregon Medical Laboratories, 123 International Way, Springfield, OR 97477, 541-341-8092. Pacific Toxicology Laboratories, 9348 DeSoto Ave., Chatsworth, CA 91311, 800-328-6942, (Formerly: Centinela Hospital Airport Toxicology Laboratory). Pathology Associates Medical Laboratories, 110 West Cliff Dr., Spokane, WA 99204, 509-755-8991/800-541-7897x7. Physicians Reference Laboratory, 7800 West 110th St., Overland Park, KS 66210, 913-339-0372/800-821-3627. Quest Diagnostics Incorporated, 3175 Presidential Dr., Atlanta, GA 30340, 770-452-1590/800-729-6432, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 4770 Regent Blvd., Irving, TX 75063, 800-824-6152, (Moved from the Dallas location on 03/31/01; Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 4230 South Burnham Ave., Suite 250, Las Vegas, NV 89119-5412, 702-733-7866/800-433-2750, (Formerly: Associated Pathologists Laboratories, Inc.). Quest Diagnostics Incorporated, 10101 Renner Blvd., Lenexa, KS 66219, 913-888-3927/800-873-8845, (Formerly: LabOne, Inc.; Center for Laboratory Services, a Division of LabOne, Inc.). Quest Diagnostics Incorporated, 400 Egypt Road, Norristown, PA 19403, 610-631-4600/877-642-2216, (Formerly: SmithKline Beecham Clinical Laboratories; SmithKline Bio-Science Laboratories). Quest Diagnostics Incorporated, 506 E. State Pkwy., Schaumburg, IL 60173, 800-669-6995/847-885-2010, (Formerly: SmithKline Beecham Clinical Laboratories; International Toxicology Laboratories). Quest Diagnostics Incorporated, 7600 Tyrone Ave., Van Nuys, CA 91405, 866-370-6699/818-989-2521, (Formerly: SmithKline Beecham Clinical Laboratories). Quest Diagnostics Incorporated, 2282 South Presidents Drive, Suite C, West Valley City, UT 84120, 801-606-6301/800-322-3361, (Formerly: Northwest Toxicology, a LabOne Company; LabOne, Inc., dba Northwest Toxicology; NWT Drug Testing, NorthWest Toxicology, Inc.; Northwest Drug Testing, a division of NWT Inc.). S.E.D. Medical Laboratories, 5601 Office Blvd., Albuquerque, NM 87109, 505-727-6300/800-999-5227. South Bend Medical Foundation, Inc., 530 N. Lafayette Blvd., South Bend, IN 46601, 574-234-4176 x276. Southwest Laboratories, 4645 E. Cotton Center Boulevard, Suite 177, Phoenix, AZ 85040, 602-438-8507/800-279-0027. Sparrow Health System, Toxicology Testing Center, St. Lawrence Campus, 1210 W. Saginaw, Lansing, MI 48915, 517-364-7400, (Formerly: St. Lawrence Hospital & Healthcare System). St. Anthony Hospital Toxicology Laboratory, 1000 N. Lee St., Oklahoma City, OK 73101, 405-272-7052. Toxicology & Drug Monitoring Laboratory, University of Missouri Hospital & Clinics, 301 Business Loop 70 West, Suite 208, Columbia, MO 65203, 573-882-1273. Toxicology Testing Service, Inc., 5426 N.W. 79th Ave., Miami, FL 33166, 305-593-2260. U.S. Army Forensic Toxicology Drug Testing Laboratory, 2490 Wilson St., Fort George G. Meade, MD 20755-5235, 301-677-7085. The following laboratory voluntarily withdrew from the Program on June 15, 2006: Express Analytical Labs, 3405 7th Ave., Suite 106, Marion, IA 52302, 319-377-0500. * The Standards Council of Canada

(SCC)voted to end its Laboratory Accreditation Program for Substance Abuse (LAPSA) effective May 12, 1998. Laboratories certified through that program were accredited to conduct forensic urine drug testing as required by U.S. Department of Transportation

(DOT)regulations. As of that date, the certification of those accredited Canadian laboratories will continue under DOT authority. The responsibility for conducting quarterly performance testing plus periodic on-site inspections of those LAPSA-accredited laboratories was transferred to the U.S. HHS, with the HHS' NLCP contractor continuing to have an active role in the performance testing and laboratory inspection processes. Other Canadian laboratories wishing to be considered for the NLCP may apply directly to the NLCP contractor just as U.S. laboratories do. Upon finding a Canadian laboratory to be qualified, HHS will recommend that DOT certify the laboratory ( **Federal Register** , July 16, 1996) as meeting the minimum standards of the Mandatory Guidelines published in the **Federal Register** on April 13, 2004 (69 FR 19644). After receiving DOT certification, the laboratory will be included in the monthly list of HHS-certified laboratories and participate in the NLCP certification maintenance program. Anna Marsh, Director, Office Program Services, SAMHSA. [FR Doc. E6-13237 Filed 8-11-06; 8:45 am] BILLING CODE 4160-20-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Applications for Permit AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications for permit. SUMMARY: The public is invited to comment on the following applications to conduct certain activities with endangered species. DATES: Written data, comments or requests must be received by September 13, 2006. ADDRESSES: Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents within 30 days of the date of publication of this notice to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203; fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: Endangered Species The public is invited to comment on the following applications for a permit to conduct certain activities with endangered species. This notice is provided pursuant to Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). Written data, comments, or requests for copies of these complete applications should be submitted to the Director (address above). *Applicant:* University of Texas at Austin, Austin, TX, PRT-124346 The applicant requests a permit to import biological samples from Verreaux's sifaka ( *Propithecus verreauxi* ) collected in the wild in Madagascar, for scientific research. This notification covers activities to be conducted by the applicant over a five-year period. *Applicant:* Virginia Polytechnic Institute and State University, Blacksburg, VA, PRT-132043 The applicant requests a permit to import biological samples from chimpanzees ( *Pan troglodytes* ) collected in the wild in Tanzania, for scientific research. This notification covers activities to be conducted by the applicant over a five-year period. *Applicant:* Ferdinand and Anton Fercos Hantig, Las Vegas, NV, PRT-765658, 809334 The applicant requests permits to export a captive-born tiger ( *Panthera tigris* ) and a captive-born leopard ( *Panthera pardus* ) to worldwide locations for the purpose of enhancement of the species through conservation education. The permit numbers and animals are: 765658, ‘Indy’; and 809334, ‘Sarina.’ This notification covers activities to be conducted by the applicant over a three-year period and the import of any potential progeny born while overseas. Dated: July 21, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6-13239 Filed 8-11-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Emergency Exemption: Issuance of Permit for Endangered Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of emergency issuance of permit for endangered species. SUMMARY: The following permit was issued. ADDRESSES: Documents and other information submitted for this application are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to: U.S. Fish and Wildlife Service, Division of Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, Virginia 22203, telephone 703/358-2104 or fax 703/358-2281. FOR FURTHER INFORMATION CONTACT: Division of Management Authority, telephone 703/358-2104. SUPPLEMENTARY INFORMATION: On July 21, 2006, the U.S. Fish and Wildlife Service (Service) issued a permit (PRT-108841) to the Virginia Polytechnic Institute and State University, Blacksburg, Virginia, to import biological samples from wild chimpanzees ( *Pan troglodytes* ) in Tanzania for the purpose of scientific research. This action was authorized under Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). The Service determined that an emergency affecting the health and life of the chimpanzees at the Mahale Mountains National Park and Rubondo Island National Park in Tanzania existed and that no reasonable alternative was available to the applicant for the following reasons. Virginia Polytechinic Institute and State University requested a permit to import biological samples (bodily tissues and organs, hair, saliva, and other body parts) from the forest floor and from deceased animals found in the Mahle Mountains National Park in Kigoma, Tanzania, and Rubondo Island National Park in Mwanza, Tanzania, for emergency and ongoing health and disease evaluation purposes. Samples will be utilized exclusively for diagnostic and scientific purposes. The specimens will be used to run diagnostics tests to determine the cause of death. The necessary diagnostic testing is not available in Africa. The results of health and disease testing from these chimpanzees will help determine why the animals died in order to develop interventions to help prevent reoccurrence. Dated: July 21, 2006. Michael S. Moore, Senior Permit Biologist, Branch of Permits, Division of Management Authority. [FR Doc. E6-13243 Filed 8-11-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered Species Recovery Permits AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of applications. SUMMARY: We announce the receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. DATES: Written comments on these permit applications must be received by September 13, 2006. ADDRESSES: Written data or comments should be submitted to the Assistant Regional Director, Fisheries-Ecological Services, U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486; facsimile 303-236-0027. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act [5 U.S.C. 552A] and Freedom of Information Act [5 U.S.C. 552], by any party who submits a request for a copy of such documents within 20 days of the date of publication of this notice to Kris Olsen, by mail or by telephone at 303-236-4256. All comments received from individuals become part of the official public record. SUPPLEMENTARY INFORMATION: The following applicants have requested issuance of enhancement of survival permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 *et seq.* ). *Applicant:* Lower Brule Sioux Tribe, Department of Wildlife, Fish and Recreation, Lower Brule, South Dakota, TE-131398. The applicant requests a permit to take black-footed ferrets ( *Mustela nigripes* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. *Applicant:* Brent Andersen, The Living Planet Aquarium, Sandy, Utah, TE-131638. The applicant requests a permit to possess bonytail ( *Gila elegans* ), Colorado pikeminnow ( *Ptychocheilus lucius* ), razorback sucker ( *Xyrauchen texanus* ), and June sucker (Chasmistes liorus) for public display and propagation in conjunction with recovery activities for the purpose of enhancing their survival and recovery. *Applicant:* U.S. Forest Service, Nebraska National Forest, Bessey District, Halsey, Nebraska, TE-131639. The applicant requests a permit to take blowout penstemon ( *Penstemon haydenii* ) in conjunction with recovery activities throughout the species' range for the purpose of enhancing its survival and recovery. Dated: July 24, 2006. James J. Slack, Deputy Regional Director, Denver, Colorado. [FR Doc. E6-13275 Filed 8-11-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Five Applications for Incidental Take Permits for Construction of Five Single-Family Homes in Brevard County, Florida AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice; request for comments. SUMMARY: We, the Fish and Wildlife Service (Service), announce the availability of Habitat Conservation Plans (HCPs)/applications for five incidental take permits (ITPs). Maronda Homes, Inc., of Florida (Applicant) requests five ITPs, two for a 1-year term and three for a 10-year term, pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicant anticipates taking about 1.09 acres combined of Florida scrub-jay ( *Aphelocoma coerulescens* ) (scrub-jay) foraging and sheltering habitat incidental to lot preparation for the construction of five single-family homes and supporting infrastructure in Brevard County, Florida (Projects). The destruction of 1.09 acres of foraging and sheltering habitat is expected to result in the take of three families of scrub-jays. The Applicant's HCPs describe the mitigation and minimization measures proposed to address the effects of the Projects to the Florida scrub-jay. DATES: Written comments on the ITP applications and HCPs should be sent to the Jacksonville Field Office (see ADDRESSES ) and should be received on or before September 13, 2006. ADDRESSES: Persons wishing to review the applications and HCPs may obtain a copy by writing the Service's Jacksonville Field Office. Please reference permit number TE 132199-0, for Maronda-Emerson, number TE 132194-0, for Maronda-Mackay, number TE 132193-0, for Maronda-Campbell, number TE 132196-0, for Maronda-Algardi, and number TE 132195-0, for Maronda-Timbruce in such requests. Documents will also be available for public inspection by appointment during normal business hours at the Jacksonville Field Office, 6620 Southpoint Drive South, Suite 310, Jacksonville, Florida 32216-0912. FOR FURTHER INFORMATION CONTACT: Mr. Michael Jennings, Fish and Wildlife Biologist, Jacksonville Field Office, Jacksonville, Florida (see ADDRESSES above), telephone: 904/232-2580, ext. 113. SUPPLEMENTARY INFORMATION: If you wish to comment, you may submit comments by any one of several methods. Please reference permit number TE 132199-0, for Maronda-Emerson, number TE 132194-0, for Maronda-Mackay, number TE 132193-0, for Maronda-Campbell, number TE 132196-0, for Maronda-Algardi, and number TE 132195-0, for Maronda-Timbruce in such requests. You may mail comments to the Service's Jacksonville Field Office (see ADDRESSES ). You may also comment via the internet to *michael_jennings@fws.gov* . Please include your name and return address in your internet message. If you do not receive a confirmation from us that we have received your internet message, contact us directly at the telephone number listed above (see FURTHER INFORMATION ). Finally, you may hand deliver comments to the Service office listed above (see ADDRESSES ). Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the administrative record. We will honor such requests to the extent allowable by law. There may also be other circumstances in which we would withhold from the administrative record a respondent's identity, as allowable by law. If you wish us to withhold your name and address, you must state this prominently at the beginning of your comments. We will not, however, consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Residential construction for Maronda-Emerson will take place within section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on lot 02, Block 329. Residential construction for Maronda-Mackay will take place within section 16, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on lot 14, Block 751. Residential construction for Maronda-Campbell will take place within Section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on Lot 12, Block 345. Residential construction for Maronda-Algardi will take place within section 05, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on Lot 02, Block 338. Residential construction for Maronda-Timbruce will take place within Section 21, Township 29 South, Range 37 East, Palm Bay, Brevard County, Florida, on Lot 05, Block 937. Each of these lots are within 438 feet of locations where scrub-jays were sighted during surveys for this species from 1999 to 2003. The lots combined encompass about 1.09 acres, and the footprint of the homes, infrastructure, and landscaping preclude retention of scrub-jay habitat on each of the respective lots. In order to minimize take on site, the Applicant proposes to complete a nest survey on the Emerson, Mackay, Campbell, and Algardi lots prior to clearing or construction, should such activities take place within the scrub-jay nesting season (March 1-June 30). Should an active nest be found on the property, the Applicant will not clear the property or begin construction until the completion of the nesting season. The Applicant is not proposing to implement any onsite minimization measures for the lot on Timbruce. In combination, the Applicant proposes to mitigate for the loss of 1.09 acres of scrub-jay habitat by contributing a total of $18,312 ($3,864 for Maronda-Emerson, $3,864 for Maronda-Mackay, $3,864 for Maronda-Campbell, $3,360 for Maronda-Algardi, and $3,360 for Maronda-Timbruce) to the Florida Scrub-jay Conservation Fund administered by The Nature Conservancy. Funds in this account are ear-marked for use in the conservation and recovery of scrub-jays and may include habitat acquisition, restoration, and/or management. The Service has determined that the Applicant's proposals, including the proposed mitigation and minimization measures, will individually and cumulatively have a minor or negligible effect on the species covered in the HCPs. Therefore, the ITPs are “low-effect” projects and qualify as categorical exclusions under the National Environmental Policy Act (NEPA), as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 6, Appendix 1). This preliminary information may be revised based on our review of public comments that we receive in response to this notice. Low-effect HCPs are those involving

(1)minor or negligible effects on Federally listed or candidate species and their habitats, and

(2)minor or negligible effects on other environmental values or resources. The Service will evaluate the HCPs and comments submitted thereon to determine whether the applications meet the requirements of section 10(a) of the Act (16 U.S.C. 1531 et seq.). The Service will also evaluate whether issuance of the section 10(a)(1)(B) ITPs comply with section 7 of the Act by conducting an intra-Service section 7 consultation. The results of this consultation, in combination with the above findings, will be used in the final analysis to determine whether or not to issue the ITPs. Authority: This notice is provided pursuant to Section 10 of the Endangered Species Act and NEPA regulations (40 CFR 1506.6). Dated: August 8, 2006. David L. Hankla, Field Supervisor, Jacksonville Field Office. [FR Doc. E6-13276 Filed 8-11-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability To Extend a Section 10(a)(1)(B) Permit for Incidental Take of the Houston Toad and Bald Eagle During the Construction and Occupation of Single-Family Residences or Other Similar Structures Within 46 Subdivisions (46 Subdivisions) in Bastrop County, TX AGENCY: U.S. Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to extend permits TE-025997-2 and TE-025965-2 (permits) associated with the 46-Subdivision Environmental Assessment/Habitat Conservation Plan (EA/HCP) for two additional years from the date of reissuance, pursuant to Section 10(a)(1)(B) of the Endangered Species Act

(Act)of 1973, as amended. The existing permits cover both direct and indirect incidental take of the Houston toad ( *Bufo houstonensis* ) and Bald eagle ( *Haliaeetus leucocephalus* ) during the construction and occupation of single-family residences or other similar structures within the 46 subdivisions listed in the HCP. The current permit will expire on July 27, 2006. DATES: To ensure consideration, written comments must be received on or before September 13, 2006. ADDRESSES: Persons wishing to review the EA/HCP may obtain a copy by contacting Clayton Napier, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057). Documents will be available for public inspection by written request, by appointment only, during normal business hours (8 a.m. to 4:30 p.m.) at the Service's Austin office. Written data or comments concerning the extension of the permits should be submitted to the Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758. Please refer to permit number TE-025997 and TE-025965 when submitting comments. All comments received, including names and addresses, will become a part of the official administrative record and may be made available to the public. FOR FUTHER INFORMATION CONTACT: Clayton Napier at U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 (512/490-0057) or by e-mail, *Clayton_Napier@fws.gov.* SUPPLEMENTARY INFORMATION: The Service proposes to extend permits TE-025997-2 and TE-025965-2 for an additional two years from the date of signature on the re-issued permit. The EA/HCP allows for the construction of single family residences or other similar structures, as long as the action on the property disturbs no more than approximately 0.5 acres of habitat within each eligible lot. The EA/HCP will allow for responsible development while minimizing and offsetting impacts to the Houston toad and bald eagle by providing for on-site and off-site conservation measures that will be used to promote the long-term survival of the species. It is also considered to provide the most simplified, expeditious, and effective process by which landowners can comply with the provisions of the Act in a more efficient manner. The revised EA/HCP requires the same avoidance, minimization, and mitigation efforts from every lot owner, within their respective category. Section 9 of the Act prohibits the “taking” of endangered species such as the Houston toad. However, the Service, under limited circumstances, may issue permits to take endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. We provide this notice under section 10(c) of the Act (16 U.S.C. 1531 *et seq.* ) and its implementing regulations (50 CFR 17.22), and the National Environmental Policy Act (42 U.S.C. 4371 *et seq.* ) and its implementing regulations (40 CFR 1506.6). *Applicant:* Each applicant's project will permanently disturb a maximum of 0.5 acres of Houston toad habitat within one of the 46 subdivisions. Each applicant will compensate for incidental take of the Houston toad by providing funds to the National Fish and Wildlife Foundation for the specific purpose of land acquisition, protection, and management within Houston toad habitat, as identified by the Service. Benjamin N. Tuggle, Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. E6-13240 Filed 8-11-06; 8:45 am] BILLING CODE 4510-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WO-320-1330-PB-24 1A; OMB Control Number 1004-0121] Information Collection Submitted to the Office of Management and Budget Under the Paperwork Reduction Act The Bureau of Land Management

(BLM)has sent a request to extend the current proposed collection to the Office of Management and Budget

(OMB)under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). On April 21, 2005, the BLM published a notice in the **Federal Register** (70 FR 20767) requesting comment on this information collection. The comment period ended on June 20, 2005. BLM did not receive any comments. You may obtain copies of the collection of information and related forms and explanatory material by contacting the BLM Information Collection Clearance Officer at the telephone number listed below. The OMB must respond to this request within 60 days but may respond after 30 days. For maximum consideration your comments and suggestions on the requirement should be directed to the Office of Management and Budget, Interior Department Desk Officer (1004-0121), at OMB-OIRA via facsimile to

(202)395-6566 or e-mail to *OIRA_DOCKET@omb.eop.gov.* Please provide a copy of your comments to the Bureau Information Collection Clearance Officer (WO-630), Bureau of Land Management, Eastern States Office, 7450 Boston Blvd., Springfield, Virginia 22153. *Nature of Comments:* We specifically request your comments on the following: 1. Whether the collection of information is necessary for the proper functioning of the agency, including whether the information will have practical utility; 2. The accuracy of our estimates of the information collection burden, including the validity of the methodology and assumptions we use; 3. Ways to enhance the quality, utility and clarity of the information collected; and 4. Ways to minimize the information collection burden on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other forms of information technology. *Title:* Leasing of Solid Minerals Other Than Coal and Oil Shale (43 CFR 3500-3590). *OMB Control Number:* 1004-0121. *Bureau Form Numbers:* 3504-1, 3504-3, 3504-4, 3510-1, 3510-2, 3520-7. *Abstract:* We use the information to determine whether an applicant, permittee, or lessee is qualified to hold an interest under the terms of the implementing regulations at 43 CFR 3500. *Frequency:* On occasion. *Description of Respondents:* Entities seeking to lease and develop solid minerals other than coal or oil shale. *Estimated Completion Time:* Type of application Number of responses Hours per response Total hours Cost to public Prospecting Permit 22 1 22 $682 Exploration Plan for Prospecting Permit 19 20 1,520 47,120 Prospecting Permit Extension 5 10 50 1,550 Preference Right Lease 2 300 600 18,600 Competitive Lease Bid 5 20 100 3,100 Fringe Acreage Lease or Lease Modification 5 20 100 3,100 Assignment or Sublease 28 6 168 5.208 Lease Renewals or Adjustment 22 1 22 682 Use Permit 1 1 1 31 Exploration License 1 3 3 93 Exploration Plan for Exploration License 1 120 120 3,720 Development Contract 1 1 1 31 Bond 36 4 144 4,464 Mine Plan 30 150 4,500 139,500 Total 178 7,351 227,881 *Annual Responses:* 178. *Application Fee Per Response:* $25. *Annual Burden Hours:* 7,351. *Bureau Clearance Officer:* Ted Hudson,

(202)452-5033. Dated: August 8, 2006. Ted R. Hudson, Bureau of Land Management, Information Collection Clearance Officer. [FR Doc. 06-6885 Filed 8-11-06; 8:45 am]

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