Notices. Notice

12,254 words·~56 min read·/register/2006/08/16/06-6933

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BILLING CODE 1610-01-M FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested August 4, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act

(PRA)comments should be submitted on or before October 16, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: You may submit your all Paperwork Reduction Act

(PRA)comments by e-mail or U.S. postal mail. To submit your comments by e-mail send them to *PRA@fcc.gov* . To submit your comments by U.S. mail, mark them to the attention of Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection(s) send an e-mail to *PRA@fcc.gov* or contact Cathy Williams at

(202)418-2918. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 3060-0113. *Title:* Broadcast EEO Program Report; Broadcast Equal Employment Opportunity Model Program Report. *Form Number:* FCC Forms 396 and 396-A. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit entities; Not-for-profit institutions. *Number of Respondents:* 7,000. *Estimated Time per Response:* 1 to 1.5 hours. *Frequency of Response:* Recordkeeping requirement; On occasion reporting requirement; Renewal reporting requirement. *Total Annual Burden:* 8,000 hours. *Total Annual Cost:* $268,160. *Privacy Impact Assessment:* No impact(s). *Needs and Uses:* The Broadcast Equal Employment Opportunity Program Report (FCC Form 396) is a device that is used to evaluate a broadcaster's EEO program to ensure that satisfactory efforts are being made to comply with FCC's EEO requirements. FCC Form 396 is required to be filed at the time of renewal of license by all AM, FM, TV, Low Power TV and International stations. FCC Form 396-A is filed in conjunction with applicants seeking authority to construct a new broadcast station, to obtain assignment of construction permit or license and/or seeking authority to acquire control of an entity holding construction permit or license. This program is designed to assist the applicant in establishing an effective EEO program for its station. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-13355 Filed 8-15-06; 8:45 am] BILLING CODE 6712-10-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget August 8, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(PRA)comments should be submitted on or before October 16, 2006. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all Paperwork Reduction Act

(PRA)comments to Judith B. Herman, Federal Communications Commission, Room 1-B441, 445 12th Street, SW., DC 20554 or via the Internet to *PRA@fcc.gov.* If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), send an E-mail to *PRA@fcc.gov* or contact Judith B. Herman at 202-418-0214. If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra.* SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-1092. *Title:* Interim Procedures for Filing Applications Seeking Approval for Designated Entity Reportable Eligibility Events and Annual Reports. *Form Nos.:* FCC Forms 609-T and 611-T. *Type of Review:* Extension of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 1,000 respondents; 2,500 responses. *Estimated Time Per Response:* .50-6 hours. *Frequency of Response:* On occasion and annual reporting requirements. *Total Annual Burden:* 6,625 hours. *Total Annual Cost:* $1,358,750. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as an extension (no change in reporting requirements) after this 60 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. FCC Form 609-T is used by Designated Entities

(Des)to request prior Commission approval pursuant to 47 CFR 1.2114 of the Commission's rules for any reportable eligibility event. The data collected on the form is used by the FCC to determine whether the public interest would be served by the approval of the reportable eligibility event. FCC Form 611-T is used by DE licensees to file an annual report, pursuant to 47 CFR 1.2110(n) of the Commission's rules, related to eligibility for designated entity benefits. There is no change to the estimated average burden or number of respondents. *OMB Control Number:* 3060-XXXX. *Title:* Surrenders of Authorizations for International Carrier, Space Station and Earth Station Licensees. *Form No.:* N/A. *Type of Review:* New collection. *Respondents:* Businesses or other for-profit entities. *Number of Respondents:* 306 respondents; 306 responses. *Estimated Time Per Response:* 1 hour. *Frequency of Response:* On occasion reporting requirement. *Estimated Total Annual Burden:* 306 hours. *Estimated Total Annual Costs:* N/A. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* The Federal Communications Commission (“Commission”) is requesting that the Office of Management and Budget

(OMB)approve the establishment of a new collection for surrenders of authorizations for international carriers (214 authorizations), space stations and earth stations. A surrender of authorization is the licensee's voluntary cancellation of a license (or authorization) to provide international telecommunications services, such as discontinuing operation of a space station. This new collection is being initiated as a result of the Commission's release of a Public Notice (DA 06-569) on March 15, 2006 titled, “International Bureau Announces New and Improved Filing Modules Within Its MyIBFS Electronic Filing System: Surrender of Authorization and Improved Space Station Milestone Filing.” The Public Notice announced the International Bureau's launching of an E-filing module for surrendering authorizations and an improved milestone filing module for satellite space stations within its MyIBFS consolidated licensing and electronic filing system. ( **Note** : The OMB approved the electronic filing of milestones under OMB Control No. 3060-1007). Additionally, the Commission is requesting the OMB's approval of mandatory electronic filing of surrenders of authorizations that do not fall under Part 25 of the Commission's rules. Currently, the surrender module is available to licensees in MyIBFS who are not required to comply with Part 25 on a voluntary basis. ( **Note** : The OMB approved electronic filing of all Part 25-related applications and associated documents under OMB Control No. 3060-0678). Without this collection of information, licensees would be required to submit surrenders of authorizations to the Commission by letter which is more time consuming than submitting such requests to the Commission electronically. In addition, Commission staff would spend an extensive amount of time processing surrenders of authorizations received by letter. The collection of information saves time for both licensees and Commission staff since they are received in MyIBFS electronically and include only the information that is essential to process the requests in a timely manner. Furthermore, the E-filing module expedites the Commission staff's announcement of surrenders of authorizations via Public Notice. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-13475 Filed 8-15-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget August 10, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act

(PRA)that does not display a valid control number. Comments are requested concerning

(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;

(b)the accuracy of the Commission's burden estimate;

(c)ways to enhance the quality, utility, and clarity of the information collected; and

(PRA)comments should be submitted on or before September 15, 2006. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all Paperwork Reduction Act

(PRA)comments to Judith B. Herman, Federal Communications Commission, Room 1-B441, 445 12th Street, SW., DC 20554 or via the Internet to *PRA@fcc.gov* . If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), send an e-mail to *PRA@fcc.gov* or contact Judith B. Herman at 202-418-0214. SUPPLEMENTARY INFORMATION: *OMB Control No.:* 3060-XXXX. *Title:* Licensing, Operation, and Transition of the 2500-26990 MHz Band. *Form No.:* N/A. *Type of Review:* New collection. *Respondents:* Business or other for-profit, not-for-profit institutions, and state, local or tribal government. *Number of Respondents:* 2,500 respondents; 5,000 responses. *Estimated Time Per Response:* .25-5 hours. *Frequency of Response:* On occasion and one-time reporting requirements, recordkeeping requirement, and third party disclosure requirement. *Total Annual Burden:* 8,335 hours. *Total Annual Cost:* $273,334. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* This collection will be submitted as a new collection after this 30 day comment period to Office of Management and Budget

(OMB)in order to obtain the full three year clearance. New Broadband Radio Service

(BRS)and Educational Broadband Service

(EBS)band plan transitions take place in Basic Trading Areas (BTAs), which will provide both incumbent licensees and potential new entrants in the 2495-2690 MHz band with greatly enhanced flexibility to encourage the efficient and effective use of spectrum domestically and internationally and the growth and rapid development of innovative and efficient communications technologies and services. The information collection requirements are contained in the following rule sections: 1) the pre-transition data request (47 CFR 27.1231(e)); 2) the transition notice (47 CFR 27.1231(e)); 3) the Initiation Plan (47 CFR 27.1231(f)); and 4) the post-transition notification (47 CFR 27.1235). The Pre-transition data request will be collected by a third-party proponent (proponent) to assist in the transitioning the 2500-2690 MHz band. The proponent may use a variety of methods, including a computerized database. The proponent will send the transition notice to all BRS and EBS licensees in the BTA that the proponent is transitioning. The FCC will collect the Initiation Plan and the Post-transition Notification from the proponent to enable the FCC to assess when transitions have begun and when they have ended. The FCC will use our electronic comment and filing system

(ECFS)database to collect this information from the proponents. Federal Communications Commission. William F. Caton, Deputy Secretary. [FR Doc. E6-13478 Filed 8-15-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [MB Docket No 06-148; FCC 06-111] TCR Sports Broadcasting Holding, L.L.P., Complainant v. Comcast Corporation, Defendant AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document designates the program carriage complaint of TCR Sports Broadcasting Holding, L.L.P., against Comcast Corporation for an evidentiary hearing to resolve the factual disputes with respect to its claims and return a recommended decision and a recommended remedy, if necessary, to the Commission within 45 days of the stay of this Order being lifted. ADDRESSES: Please file documents with the Investigations and Hearings Division, Enforcement Bureau, Federal Communications Commission, Room 3-B443, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Robert Ratcliffe, Deputy Bureau Chief, Enforcement Bureau at

(202)418-7450. SUPPLEMENTARY INFORMATION: This is a summary of the Memorandum Opinion and Hearing Designation Order, FCC 06-111, released July 31, 2006. The full text of the Hearing Designation Order is available for inspection and copying during normal business hours in the FCC Reference Information Center, Room CY-A257, 445 12th Street, SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Synopsis of the Order 1. TCR Sports Broadcasting Holding, L.L.P. (“TCR”) is a regional sports network (“RSN”), controlled by the Baltimore Orioles, that owns the underlying rights to produce and exhibit Orioles games. In March 2005, an agreement was reached among Major League Baseball, TCR, the Montreal Expos (now the Washington Nationals), and the Orioles that provided that TCR would “have the sole and exclusive right to present any and all of the Nationals’ and Orioles' baseball games not otherwise retained or reserved by Major League Baseball's national rights agreements. * * *” For purposes of exercising these rights with respect to the Orioles and Nationals, TCR created and does business as Mid-Atlantic Sports Network (“MASN”). Comcast Corporation (“Comcast”) is an MVPD that serves numerous communities in the Washington, D.C. metropolitan area. 2. On June 14, 2005, TCR filed a program carriage complaint alleging that Comcast violated 47 CFR 76.1301(a) by demanding a financial interest in MASN and 47 CFR 76.1301(c) by discriminating against TCR's programming in favor of Comcast's own programming. After reviewing the pleadings and supporting documentation filed by the parties, the Commission finds that TCR has established a prima facie case for both its claims. The Commission also finds that the pleadings and supporting documentation present several factual disputes, such that we are unable to determine on the basis of the existing record whether we can grant relief based on the claims. Accordingly, commencing concurrently with the Alternative Dispute Resolution (“ADR”) election process discussed below, we direct an Administrative Law Judge to hold a hearing, issue a recommended decision on the facts underlying the discrimination claim and a recommended remedy, if necessary, and then return the matter to the Commission within 45 days. 3. Pursuant to 47 CFR 76.7(g)(2) of the Commission's rules, TCR and Comcast will have ten days following the lifting of the stay of this Order to elect to resolve this dispute through ADR. Each party will notify the Commission, in writing, of its election within 10 days of release of this Order and, in the event that ADR is chosen, will update the Commission monthly on the status of the ADR process. If the parties elect to resolve the dispute through ADR, the 45-day period for review by an Administrative Law Judge will be tolled. In the event that the parties fail to reach a settlement through the ADR process, the parties shall promptly notify the Commission in writing, and the 45-day period will resume upon receipt of such notification. 4. Upon receipt of the Administrative Law Judge's recommended decision and remedy, the Commission will make the requisite legal determinations as to whether Comcast has demanded a financial interest in TCR's programming in exchange for carriage in violation of 47 CFR 76.1302(a) or has discriminated against TCR's programming in favor of Comcast's own programming, with the effect of unreasonably restraining TCR's ability to compete fairly in violation of 47 CFR 76.1302(c). If necessary, the Commission will then decide upon appropriate remedies. The Commission will issue its decision not more than 60 days after receipt of the Administrative Law Judge's recommendations, which may be extended by the Commission for one period of 60 days. 5. We note that the Commission recently approved a series of license assignments and/or transfers of control by Adelphia Communications Corporation, Time Warner Cable and Comcast. The Commission imposed remedial conditions including a commercial arbitration condition as an alternative for RSNs unaffiliated with any MVPD to the program carriage complaint procedures. An unaffiliated RSN that has been denied carriage by Comcast may submit its carriage claim to arbitration within 30 days after the denial of carriage or within ten days after the release of the Adelphia Order. On our own motion, we stay this Order pending TCR's decision whether to pursue the arbitration option afforded it in the Adelphia Order. In the event TCR declines to pursue arbitration under the conditions established in the Adelphia Order, the stay will be lifted automatically without further action by the Commission. 6. Accordingly, *it is ordered,* that TCR Sports Broadcasting Holding, L.L.P.'s Complaint against Comcast Corporation is designated for hearing at a date and place to be specified in a subsequent order by an Administrative Law Judge. 7. *It is further ordered,* that pursuant to Section 616 of the Communications Act of 1934, as amended, 47 U.S.C. 536, and 47 CFR 76.1300 through 1302, TCR Sports Broadcasting Holding, L.L.P. and Comcast Corporation submit to the Commission, in writing within ten days of the stay of this Order being lifted, their respective elections as to whether each wishes to proceed to Alternative Dispute Resolution and, in the event that Alternative Dispute Resolution is chosen, will monthly update the Commission on the status of that process. 8. *It is further ordered,* that the Administrative Law Judge, within 45 days of the lifting of the stay of this Order, will make and return to the Commission a recommended decision on the following factual questions:

(1)Did Comcast Corporation demand a financial interest in the programming of TCR Sports Broadcasting Holding, L.L.P. in exchange for carriage of such programming?

(2)Did Comcast Corporation discriminate against TCR Sports Broadcasting Holding, L.L.P.'s programming in favor of Comcast Corporation's own programming? 9. *It is further ordered,* that the Administrative Law Judge, within 45 days of the lifting of the stay of this Order, will return to the Commission a recommended remedy, if necessary. 10. *It is further ordered,* that if the parties elect Alternative Dispute Resolution, the period for Administrative Law Judge review shall be tolled, until such time as the parties notify the Commission that they have failed to reach a settlement through Alternative Dispute Resolution. 11. *It is further ordered,* that this hearing will be governed by the rules of practice and procedure pertaining to the Commission's Hearing Proceedings, 47 CFR 1.201 through 1.364, subject to the Administrative Law Judge's discretion to regulate the hearing. 12. *It is further ordered,* that all Discovery shall be conducted in accordance with 47 CFR 1.311 through 1.325, subject to the Administrative Law Judge's discretion. 13. *It is further ordered,* that the Chief, Enforcement Bureau will be a party to the proceeding and will determine its level of participation. 14. *It is further ordered,* that the Secretary of the Commission shall cause to have this Order published in the **Federal Register** . 15. *It is further ordered,* that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send copies of this Order to all parties by certified mail, return receipt requested. Federal Communications Commission Marlene H. Dortch, Secretary. [FR Doc. E6-13484 Filed 8-15-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Notice and request for comment. SUMMARY: The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a proposed new one-time collection of information, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The collection would provide information on the features and effects of overdraft protection programs in state nonmember financial institutions. DATES: Comments must be submitted on or before October 16, 2006. ADDRESSES: Interested parties are invited to submit written comments by mail to Steve Hanft, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429; by FAX to Mr. Hanft at

(202)898-3838; or by e-mail to *comments@fdic.gov.* All comments should refer to “Study of Overdraft Protection Programs.” Copies of comments may also be submitted to the OMB desk officer for the FDIC, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Steve Hanft,

(202)898-3907, or at the address above. SUPPLEMENTARY INFORMATION: Proposal to undertake the following new collection of information: *Title:* Study of Overdraft Protection Programs. *OMB Number:* New collection. *Frequency of Response:* One-time. *Affected Public:* State nonmember financial institutions and data service providers. *Estimated Number of Respondents:* 500. *Estimated Time per Response:* Survey questions: approximate average of 3 hours per respondent. Micro-data collection: approximate average of 40 hours per respondent. *Estimated Total Annual Burden:* *Survey questions:* 500 respondents times 3 hours per = 1,500 hours. *Micro-data collection:* 100 respondents (financial institutions and/or service providers) times 40 hours per = 4,000 hours. Total burden = 1,500 + 4,000 = 5,500 hours. *General Description of Collection:* The FDIC is planning a study of the overdraft protection products offered by financial institutions and the usage patterns among depositors in those institutions. The study requires collection of data from financial institutions that are not currently included in the Call Reports or other standard periodic regulatory reports. These data will be collected in two parts: a survey in which a sample of 500 state-chartered nonmember financial institutions will, we anticipate, be asked up to 85 questions about each type of overdraft policy that they implement, and an additional micro-data collection in which more detailed information will be collected from 100 of these institutions. To minimize burden on respondents, FDIC will use automated data collection techniques wherever possible. The study conforms to privacy rules and will not request any information that could be used to identify individual bank customers, such as name, address, or account number. All data from, and identities of, the financial institutions will remain confidential. It is the intent of the FDIC to publish only general findings of the study. Request for Comment Comments are invited on:

(a)Whether the collection of information is necessary for the proper performance of the FDIC's functions, including whether the information has practical utility;

(b)the accuracy of the estimates of the burden of the information collection;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. The FDIC will consider all comments to determine the extent to which the proposed information collection should be modified prior to submission to OMB for review and approval. After the comment period closes, comments will be summarized or included in the FDIC's request to OMB for approval of the collection. All comments will become a matter of public record. Dated at Washington, DC, this 10th day of August, 2006. Federal Deposit Insurance Corporation. Valerie Best, Assistant Executive Secretary. [FR Doc. E6-13435 Filed 8-15-06; 8:45 am] BILLING CODE 6714-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 009831-024. *Title:* New Zealand/United States Container Lines Association. *Parties:* Hamburg-Sud and Hapag-Lloyd AG. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would remove Australia-New Zealand Direct Line and CP Ships USA, LLC as parties to the agreement and add Hapag-Lloyd as a party. *Agreement No.:* 010071-032. *Title:* Cruise Lines International Association Agreement. *Parties:* American Cruise Lines, Inc.; Carnival Cruise Lines; Celebrity Cruises, Inc.; Costa Cruise Lines; Crystal Cruises; Cunard Line; Disney Cruise Line; Holland America Line; MSC Cruises; Norwegian Coastal Voyage, Inc./Bergen Line Services; Norwegian Cruise Line; Oceania Cruises; Orient Lines; Princess Cruises; Regent Seven Seas Cruises; Royal Caribbean International; Seabourn Cruise Line; Silversea Cruises, Ltd.; and Windstar Cruises. *Filing Party:* Terry Dale, President; Cruise Lines International Association; 80 Broad Street; Suite 1800; New York, NY 10004. *Synopsis:* The amendment would update the Association's membership and revise the agreement's authority to incorporate functions of the International Council of Cruise Lines under this agreement. *Agreement No.:* 010955-009. *Title:* ACL/H-L Reciprocal Space Charter and Sailing Agreement. *Parties:* Atlantic Container Line AB and Hapag-Lloyd AG. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell; 1850 M Street, NW., Suite 900; Washington, DC 20036. *Synopsis:* The amendment updates Hapag-Lloyd's corporate name, the parties' home office addresses, and the delegation of authority provision. *Agreement No.:* 010979-043. *Title:* Caribbean Shipowners Association. *Parties:* Bernuth Lines, Ltd.; CMA CGM, S.A.; Crowley Liner Services, Inc.; Hapag-Lloyd AG; Interline Connection, N.V.; Seaboard Marine, Ltd.; Seafreight Line, Ltd.; Tropical Shipping and Construction Co., Ltd.; and Zim Integrated Shipping Services, Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would delete CP Ships as a party to the agreement, add Hapag-Lloyd, delete the discussion sections under the geographic scope, clarify the parties' authority under Article 5.A, 5.F, and 5.H, add authority for the parties to enter into joint contracts with third parties for professional services and to discuss and agree on a common position with respect to proposed governmental or industry actions, add a provision dealing with civil penalties, and make administrative changes in the agreement. *Agreement No.:* 010982-039. *Title:* Florida-Bahamas Shipowners and Operators Association. *Parties:* Atlantic Caribbean Line, Inc.; Crowley Liner Services, Inc.; Pioneer Shipping Ltd.; Seaboard Marine, Ltd.; and Tropical Shipping and Construction Co., Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would delete G&G Marine as a party to the agreement, clarify the parties' authority under Article 5.A, add authority for the parties to enter into joint contracts with third parties for professional services and to discuss and agree on a common position with respect to proposed governmental or industry actions, add a provision dealing with civil penalties, revise the membership and voting provisions, and make administrative changes in the agreement. *Agreement No.:* 011268-022. *Title:* New Zealand/United States Discussion Agreement. *Parties:* New Zealand/United States Container Lines Association; Hamburg- Süd; A.P. Moller-Maersk A/S; and Hapag-Lloyd AG. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would remove Australia-New Zealand Direct Line and CP Ships USA, LLC as parties to the agreement and add Hapag-Lloyd as a party. *Agreement No.:* 011927-002. *Title:* ITS/Hatsu MUS Slot Charter Agreement. *Parties:* Italia Marittima S.p.A. and Hatsu Marine Ltd. *Filing Party:* Paul M. Keane, Esq.; Cichanowicz, Callan, Keane, Vengrow & Textor, LLP; 61 Broadway; Suite 3000; New York, NY 10006-2802. *Synopsis:* The amendment expands the geographic scope of the Agreement to include the East Mediterranean, specifically ports in Turkey and Malta. *Agreement No.:* 011970. *Title:* BBC Chartering and Logistic-Caytrans Project Services (Americas) Joint Service Agreement. *Parties:* BBC Chartering & Logistic GmbH & Co. KG; Caytrans Project Services (Americas) Ltd. and Caytrans BBC. *Filing Party:* Matthew J. Thomas, Esq.; Troutman Sanders LLP; 401 9th Street, NW.; Suite 1000; Washington, DC 20004-2134. *Synopsis:* The agreement would authorize the parties to establish a joint service to provide a breakbulk liner service between the U.S. Gulf and East Coasts, and the Caribbean, the East Coast of Mexico, the East Coast of Central America, and the North Coast of South America. The parties request expedited review. *Agreement No.:* 201172. *Title:* UMS and PHA Marine Terminal Agreement. *Parties:* Port of Houston Authority of Harris County, TX, and Universal Maritime Service Corporation. *Filing Party:* Neal M. Mayer, Esq.; Hoppel, Mayer & Coleman; 1050 Connecticut Avenue, NW.; 10th Floor; Washington, DC 20036. *Synopsis:* The agreement would authorize the parties to discuss and agree, on a voluntary and non-binding basis, matters relating to the operation of marine terminal facilities in the Houston area. Dated: August 11, 2006. By Order of the Federal Maritime Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E6-13461 Filed 8-15-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary Licenses; Correction In the OTI Applicant Notice published in the **Federal Register** on July 26, 2006 (71 FR 42403) reference to the name of the Qualifying Individual Mark Hezrom, President is corrected to read: “Arik Hezrom, President” Dated: August 11, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-13460 Filed 8-15-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants Tera Trading Group, Inc. dba T.T.G. Inc., dba T.T.G. International Freight Forwarders, 1850 NW. 82 Avenue, Miami, FL 33126, Officer: Mario Rodriguez Toro, President (Qualifying Individual). F.I.D. International, Inc., 1930 N. West 18 Street, Ste. #11, Pompano Beach, FL 33069, Officers: Neide Fagionato Perozin, Secretary (Qualifying Individual), Itamar L. Dahan, President. Non-Vessel—Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants B.M. Pampanga's Best, Inc. dba Pampanga Express, 6235 S. Pecos Rd., #108-109, Las Vegas, NV 89120, Officers: Juancho E. Ignacio, President (Qualifying Individual), Ernesto O. Ignacio, Treasurer. AMAX Global Logistics, 218 West Garvey Ave., Unit I, Monterey Park, CA 91754, Officers: Sammy K. Ching, President (Qualifying Individual), Shirley W. Chun, Secretary. Intermove Ltd., 3 Simm Lane, Unit 2H, Newtown, CT 06470, Officer: Kenneth M. Mercado, President (Qualifying Individual), Jana Pirro, Manager. LIS Logistic-Global Inc., 10540 N.W. 29 Terrace, Miami, FL 33172, Officers: Amorin G. Kimball, Secretary (Qualifying Individual), Lorena Facusse, President. Ocean Freight Forwarder—Ocean Transportation Intermediary Applicants BFS International, LLC, 3835 N.E. Hancock Street, #203, Portland, OR 97212, Officer: Kimberly D. Martin, Vice President (Qualifying Individual). AMR Investments Inc., 547 Boulevard, Kenilworth, NJ 07033, Officers: Gary Walter Pedersen, Vice President (Qualifying Individual), James Madden, President. Dated: August 11, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-13459 Filed 8-15-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 11, 2006. **A. Federal Reserve Bank of Cleveland** (Cindy West, Manager) 1455 East Sixth Street, Cleveland, Ohio 44101-2566: *1. Sky Financial Group Inc.* , Bowling Green, Ohio; to acquire 100 percent of the voting shares of Wells River Bancorp, Inc., and thereby indirectly acquire Perpetual Savings Bank, both of Wellsville, Ohio. **B. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Independence Bancshares, Inc., and Independence Bancshares Acquisition, LLC, both of* , Owensboro, Kentucky; to acquire 100 percent of the voting shares of Community Bancorp of McLean County, Kentucky, Inc., and thereby indirectly acquire First Security Bank and Trust, both of Island, Kentucky. Board of Governors of the Federal Reserve System, August 11, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-13455 Filed 8-15-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than August 31, 2006. **A. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Independent Bancshares, Inc.* , Clarkfield, Minnesota, to engage de novo in extending credit and servicing loans, pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, August 11, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-13454 Filed 8-15-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Privacy Act of 1974; Report of a Revised System of Records AGENCY: Office of the Assistant Secretary for Administration and Management, Program Support Center, HHS. ACTION: Notice of a Modified or Altered System of Records. SUMMARY: Notice is hereby given that the Office of the Assistant Secretary for Administration and Management, Program Support Center, HHS, is proposing to amend its existing System of Records

(SOR)entitled, “PSC Parking Program and PSC Transhare Program Records, No. 09-40-0013.” This amendment will change the name of the system and incorporate the activities of the PSC security and personal identification verification services into the existing SOR and provide for a more effective application of services. We have provided background information about the amended system in the SUPPLEMENTARY INFORMATION section below. DATES: *Effective Date:* PSC filed a revised system report with the Chairman of the Committee on Government Reform and Oversight of the House of Representatives, the Chairman of the Committee on Homeland Security and Governmental Affairs of the Senate, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), on August 9, 2006. To ensure that all parties have adequate time in which to comment, the revised system notice is effective 30 days after the date of publication, unless HHS receives comments which would result in a contrary determination, or 40 days from the date it was submitted to OMB and the Congress, whichever is later. ADDRESSES: Mail public comments to Mr. Don Deering, Chief, Security Services Branch, Physical Security Branch, Room 4B-44, 5600 Fishers Lane, Rockville, MD 20857. Telephone 301-443-2714. This is not a toll-free number. Comments will be available for public inspection and copying at the above location, *by appointment only,* during regular business hours, Monday through Friday from 9 a.m.-3 p.m., eastern time zone. FOR FURTHER INFORMATION CONTACT: Mr. Don Deering, Chief, Security Services Branch, Physical Security Branch, Room 4B-44, 5600 Fishers Lane, Rockville, MD 20857. Telephone 301-443-2714. SUPPLEMENTARY INFORMATION: In 1999, PSC established a system of records (SOR), “PSC Parking Program and PSC Transhare Program Records, HHS/PSC/AOS.” Under the authority of The Federal Property and Administrative Services Act of 1949, as amended; and Pub. L. 101-509 section 629, as amended (5 U.S.C. 7905, “Programs to encourage commuting by means other than single-occupancy motor vehicles”). Notice of this system was published in the **Federal Register** July 14, 1999 (64 FR 37990). This amendment will incorporate the activities of the PSC security and personal identification verification services into the existing SOR and provide for a more effective application of services. The SOR contains records relating to the administration of the parking permit system, PSC Transhare Program, PSC Security Services, and the PSC badging issuance for the Parklawn Building and HHS facilities. The records include information such as name; date of birth; place of birth; height; weight; gender; hair color and eye color; fingerprints; pay plan; grade level; employing organization; building and room; duty hours and location; name of supervisor; home address; office telephone number; background investigation type, Social Security Number; assigned parking space number; vehicle information, i.e., tag number and State; make and model of car; physician's statement in support of handicapped parking assignments and query to supervisors in support of handicapped parking assignments, where applicable; Transhare commuter card number; mode of transportation; commuter cost; name of personnel security representative (PSR). I. Description of the Modified or Altered System of Records A. Statutory and Regulatory Basis for SOR The maintenance of the system is authorized by the Federal Property and Administrative Services Act of 1949, as amended, Pub. L. 101-509, section 629, as amended (5 U.S.C. 7905, “Programs to encourage commuting by means other than single-occupancy motor vehicles”), Executive Order 12958, the Privacy Act of 1974 (5 U.S.C. 552a(e)(10)), Pub. L. 90-620, as amended (44 U.S.C. Chapters 21 and 23), 5 U.S.C. 301, 40 U.S.C. 121(c) as implemented by 41 CFR part 102-74 subpart C, and 41 CFR section 102-74.375. The above Executive Order, Statutes, and Regulations address the security of records maintained by Federal agencies, Public Buildings, Property, Conduct on Federal Property, commuter programs, and Physical Protection and Building Security. B. Collection and Maintenance of Data in the System For purposes of the SOR, the system contains information related to the administration of the parking permit system, PSC Transhare Program, PSC Security Services, and the PSC badging issuance for the Parklawn Building and HHS facilities. The records include information such as name; date of birth; place of birth; height; weight; gender; hair color and eye color; fingerprints; pay plan; grade level; employing organization; building and room; duty hours and location; name of supervisor; home address; office telephone number; background investigation type, Social Security Numbers; assigned parking space number; vehicle information, i.e., tag number and State; make and model of car; physician's statement in support of handicapped parking assignments and query to supervisors in support of handicapped parking assignments, where applicable; Transhare commuter card number; mode of transportation; commuter cost; name of personnel security representative (PSR). II. Agency Policies, Procedures, and Restrictions on the Routine Use A. The Privacy Act permits us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such disclosure of data is known as a “routine use.” The Government will only release PSC Parking, Transhare, Security Services, and Badge Issuance information that can be associated with an individual as provided for under “Section III.” Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of this system. III. Routine Use Disclosures of Data in the System A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purposes for which the information was collected. Any such disclosure of data is known as a “routine use.” The Government will only release PSC Parking, Transhare, Security Services, and Badge Issuance information that can be associated with an individual as provided for under Section III. Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of this system. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: These records or information from these records may be used: 1. To disclose pertinent information to appropriate city, county, State and Federal law enforcement agencies responsible for investigating, prosecuting, enforcing, or implementing statutes, rules, regulations or orders, when HHS becomes aware of evidence of a potential violation of civil or criminal law. 2. To disclose information to a congressional office from the record of an individual in response to a verified inquiry from that congressional office made at the written request of that individual. 3. To disclose information to the Department of Justice, a court or other tribunal, when:

(a)HHS, or any component thereof; or

(b)any HHS employee in his or her official capacity; or

(c)any HHS employee in his or her individual capacity where the Department of Justice (or HHS where it is authorized to do so) has agreed to represent the employee; or

(d)The United States or any agency thereof where HHS determines that the litigation is likely to affect HHS or any of its components, is a party to litigation or has interest in such litigation, and HHS determines that the use of such records by the Department of Justice, the court or other tribunal is relevant and necessary to the litigation and would help in the effective representation of the governmental party, provided, however, that in each case HHS determines that such disclosure is compatible with the purpose for which the records are collected. 4. When HHS contemplates contracting with a private firm for the purpose of collating, analyzing, aggregating, or otherwise refining records in this system, relevant records will be disclosed to such a contractor. The contractor will be required to maintain Privacy Act safeguards with respect to such records. These safeguards are explained in the section entitled “Safeguards.” 5. To disclose information to officials of labor organizations recognized under 5 U.S.C. Chapter 71 when relevant and necessary to their duties of exclusive representation, concerning personnel policies, practices, and matters affecting working conditions. 6. Disclosure may be made to organizations deemed qualified by the Secretary to carry out quality assessments or utilization review. IV. Safeguards PSC has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. 1. *Authorized Users:* Data on computer files is accessed by authorized users who are PSC employees and who are responsible for implementing the program. 2. *Physical Safeguards:* Rooms where records are stored are locked when not in use. During regular business hours, rooms are unlocked but are controlled by on-site personnel. 3. *Procedural and Technical Safeguards:* A password is required to access the terminal, and a data set name controls the release of data to only authorized users. All users of personal information in connection with the performance of their jobs (see Authorized Users above) protect information from public view and from unauthorized personnel entering an unsupervised office. 4. *Contractor Guidelines:* A contractor who is given records under routine use 4 must maintain the records in a secured area, allow only those individuals immediately involved in the processing of the records to have access to them, prevent unauthorized persons from gaining access to the records, and return the records to the System Manager immediately upon completion of the work specified in the contract. Contractor compliance is assured through inclusion of Privacy Act requirements in contract clauses, and through monitoring by contract and project officers. Contractors who maintain records are instructed to make no disclosure of the records except as authorized by the System Manager and as stated in the contract. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and PSC policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: The Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the E-Government Act of 2002, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and PSC policies and standards include but are not limited to: All pertinent National Institute of Standards and Technology publications and the HHS Information Systems Program Handbook. V. Effects of the Proposed System of Records on Individual Rights PSC proposes to revise this system in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system of records. PSC will take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of patients whose data are maintained in this system. PSC will collect only that information necessary to perform the system's functions. In addition, PSC will make disclosure from the proposed system only with consent of the subject individual, or his/her legal representative, or in accordance with an applicable exception provision of the Privacy Act. PSC, therefore, does not anticipate an unfavorable effect on individual privacy as a result of information relating to individuals. Dated: August 8, 2006. J.P. VanLandingham, Deputy Assistant Secretary for Program Support. SYSTEM NO. 09-40-0013 SYSTEM NAME: PSC Parking Program, PSC Transhare Program Records, PSC Security Services, and PSC Employee and Contractors Identification Badge Issuances, HHS/PSC/AOS. SECURITY CLASSIFICATION: None. SYSTEM LOCATION: Division of Property Management, Administrative Operations Service, Program Support Center, Room 4B-44 and 5B-07, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Current HHS employees and others who use Parklawn Building parking facilities; HHS employees who apply for and participate in the PSC Transhare Program; HHS employees and contractors, who submit information for personnel security clearances, and employees, contractors, retirees, and individuals seeking access to HHS facilities. CATEGORIES OF RECORDS IN THE SYSTEM: This system contains records relating to the administration of the parking permit system, PSC Transhare Program, PSC Security Services, and the PSC badging issuance for the Parklawn Building and HHS facilities. The records include information such as name; date of birth; place of birth; height; weight; gender; hair color and eye color; fingerprints; pay plan; grade level; employing organization; building and room; duty hours and location; name of supervisor; home address; office telephone number; background investigation type, Social Security Numbers; assigned parking space number; vehicle information, *i.e.* , tag number and State; make and model of car; physician's statement in support of handicapped parking assignments and query to supervisors in support of handicapped parking assignments, where applicable; Transhare commuter card number; mode of transportation; commuter cost; name of personnel security representative (PSR). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: The maintenance of the system is authorized by the Federal Property and Administrative Services Act of 1949, as amended, Pub. L. 101-509, section 629, as amended (5 U.S.C. 7905, “Programs to encourage commuting by means other than single-occupancy motor vehicles”), Executive Order 12958, the Privacy Act of 1974 (5 U.S.C. 552a(e)(10)), Pub. L. 90-620, as amended (44 U.S.C. Chapters 21 and 23), 5 U.S.C. 301, 40 U.S.C. 121(c) as implemented by 41 CFR part 102-74 subpart C, and 41 CFR section 102-74.375. The above Executive Order, Statutes, and Regulations address the security of records maintained by Federal agencies, Public Buildings, Property, Conduct on Federal Property, commuter programs, and Physical Protection and Building Security. PURPOSE(S): These records are used to: 1. Administer the parking program at the Parklawn Building complex. 2. Manage the PSC Transhare Program, including receipt and processing of Employee applications and coordination of the fare media distribution to employees. 3. Monitor the use of funds used to support the PSC Transhare Program. 4. Issue Identification Badges and perform background investigations for Federal Employees and Contractors as described by HSPD-12 and FIPS-201 supported by the PSC for Parklawn Building complex and other HHS facilities. 5. Administer the PSC Personnel Security and Ethics Programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records or information from these records may be used: 1. To disclose pertinent information to appropriate city, county, State and Federal law enforcement agencies responsible for investigating, prosecuting, enforcing, or implementing statutes, rules, regulations or orders, when HHS becomes aware of evidence of a potential violation of civil or criminal law. 2. To disclose information to a congressional office from the record of an individual in response to a verified inquiry from that congressional office made at the written request of that individual. 3. To disclose information to the Department of Justice, a court or other tribunal, when:

(a)HHS, or any component thereof; or

(b)any HHS employee in his or her official capacity; or

(c)any HHS employee in his or her individual capacity where the Department of Justice (or HHS where it is authorized to do so) has agreed to represent the employee; or

(a)Full name,

(b)Social Security Number, (furnishing the Social Security Number is voluntary, but it may make searching for a record easier and prevent delay),

(c)parking space number (if appropriate);

(d)vehicle license number (if appropriate) and

(e)for the PSC Transhare Program, the requester must provide the commuter card number and the dates of participation in the Program. The requester must also understand that the knowing and willful request for acquisition of a record pertaining to an individual under false pretenses is a criminal offense subject to a fine. An individual who is the subject of records maintained in this records system may also request an accounting of disclosures that have been made of his or her records. REQUESTS BY TELEPHONE: Since positive identification of the caller cannot be established, telephone requests are not honored. CONTESTING RECORD PROCEDURES: 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. RECORD SOURCE CATEGORIES: Records are developed from information supplied by applicants and, for handicapped parking assignments, by physicians and supervisors. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E6-13389 Filed 8-15-06; 8:45 am] BILLING CODE 4168-17-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Ethics Subcommittee, Advisory Committee to the Director, Centers for Disease Control and Prevention (CDC); Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention announces the following Subcommittee meeting. *Name:* Ethics Subcommittee, Advisory Committee to the Director (ACD), CDC. *Times and Dates:* 8:30 a.m.-5 p.m., September 14, 2006; 8:30 a.m.-12 p.m., September 15, 2006. *Place:* Centers for Disease Control and Prevention, Tom Harkin Global Communications Center (Building 19), 1600 Clifton Road, Atlanta, GA 30333. *Status:* Open to the public, limited only by the space available. The meeting room accommodates approximately 75 people. Purpose: The Ethics Subcommittee will provide counsel to the ACD, CDC, regarding a broad range of public health ethics questions and issues arising from programs, scientists and practitioners. *Matters to Be Discussed:* Agenda items will include discussions in Public Health Ethics of Emergency Response; Ethical Considerations in Pandemic Influenza Preparedness; and Future Direction of the Ethics Subcommittee. Agenda items are subject to change as priorities dictate. FOR FURTHER INFORMATION CONTACT: For security reasons, please contact Drue Barrett, Ph.D., Designated Federal Official, Ethics Subcommittee, CDC, 1600 Clifton Road, NE., M/S D-50, Atlanta, Georgia 30333. Telephone 404/639-4690. E-mail: *dbarrett@cdc.gov.* The deadline for notification of attendance is September 7, 2006. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry. Dated: August 9, 2006. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6-13452 Filed 8-15-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-6040-N] Medicare Program; Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Supplier Accreditation Applications From Independent Accrediting Bodies AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice informs independent accreditation organizations of an opportunity to submit an application to participate in the durable medical equipment, prosthetics, orthotics and supplies (DMEPOS) accreditation program. DMEPOS accreditation is required for DMEPOS suppliers. This notice contains information on how to apply for CMS approval. DATES: Applications will be considered if received at the appropriate address, provided in the ADDRESSES section, no later than 5 p.m. d.s.t, on October 2, 2006. ADDRESSES: Applications should be sent to: Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244. Mail stop C3-02-16, Attention: Sandra Bastinelli. FOR FURTHER INFORMATION CONTACT: Sandra Bastinelli,

(410)786-3630. SUPPLEMENTARY INFORMATION: I. Background Section 302(a)(1) of the Medicare Prescription Drug, Improvement and Modernization Act of 2003

(MMA)(Pub. L. 108-173) added section 1834(a)(20) of the Social Security Act (the Act) and requires the Secretary to establish and implement quality standards for suppliers of certain items, including consumer service standards, to be applied by recognized independent accreditation organizations. Suppliers of DMEPOS must comply with the quality standards to furnish any item for which payment is made under Medicare Part B, and to receive and retain a provider or supplier billing number used to submit claims for reimbursement for any such item for which payment may be made under Medicare. Section 1834(a)(20)(D) of the Act requires us to apply these quality standards to suppliers of the following items for which we deem the standards to be appropriate: • Covered items, as defined in section 1834(a)(13) of the Act, for which payment may be made under section 1834(a) of the Act. • Prosthetic devices, orthotics, and prosthetics described in section 1834(h)(4) of the Act. • Items described in section 1842(s)(2) of the Act, which include medical supplies; home dialysis supplies and equipment; therapeutic shoes; parenteral and enteral nutrients, equipment, and supplies; electromyogram devices; salivation devices; blood products; and transfusion medicine. Section 1834(a)(20)(E) of the Act explicitly authorizes the Secretary to establish the quality standards by program instruction to ensure that suppliers that wish to participate in competitive bidding will know what standards they must meet to be awarded a contract. The standards will be applied prospectively and will be published on our Web site. Section 1847(b)(2)(A)(i) of the Act requires a DMEPOS supplier to meet the quality standards specified by the Secretary under section 1834(a)(20) of the Act before being awarded a contract under the Medicare DMEPOS Competitive Bidding Program. Section 1834(a)(20)(B) of the Act requires the Secretary, notwithstanding section 1865(b) of the Act, to designate and approve one or more independent accreditation organizations to apply the quality standards to suppliers of DMEPOS and other items. For most providers and suppliers, the Medicare program currently contracts with State Agencies to perform survey and review functions for such providers and suppliers to approve their participation in or coverage under the Medicare program. Additionally, section 1865(b) of the Act sets forth the general procedures for CMS to approve non-DMEPOS national accreditation organizations. CMS deems providers or suppliers to have met Medicare conditions of participation or coverage if they are accredited by a national accreditation organization approved by CMS. We are responsible for the oversight and monitoring of the State Agencies and the approved accreditation organizations. The procedures implemented by the Secretary for designating private and national accreditation organizations for non-DMEPOS national accreditation organizations and the Federal review process for such accreditation organizations are located at 42 CFR part 422 (for Medicare Advantage organizations) and part 488 (for most providers and suppliers). II. Provisions of the Notice This notice solicits applications from any independent accreditation organization that has the ability to accredit at least one of the supplier categories identified by the National Supplier Clearinghouse. A. Eligible Organizations Any independent accreditation organization that can show evidence of the ability to accredit at least one supplier category, as identified by the National Supplier Clearinghouse, and within the time frames set forth by CMS, is eligible to apply. Information on the National Supplier Clearinghouse can be found at *http://www.palmettogba.com.* B. Application Requirements To be considered for approval of deeming authority for Medicare requirements under § 424.58, an independent accreditation organization must furnish to CMS all of the following information:

(1)A list of the types of DMEPOS suppliers, and a list of products and services for which the organization is requesting approval.

(2)A description of the duration of accreditation.

(3)A detailed comparison of the organization's accreditation requirements and standards with the applicable Medicare DMEPOS quality standard requirements such as a crosswalk.

(4)A detailed description of the organization's survey process, including— • Frequency of the surveys performed. • Procedures for performing unannounced surveys. • Copies of the organization's survey forms, guidelines and instructions to surveyors. • A description of the accreditation survey review process and the accreditation status decision-making process, including the process for addressing deficiencies identified with the accreditation requirements, and the procedures used to monitor the correction of deficiencies found during an accreditation survey. • Policies and procedures used when an organization has a dispute regarding survey findings or an adverse decision. • Procedures for coordinating surveys with another accrediting organization if the organization does not accredit all products the supplier provides.

(5)Detailed information about the individuals who perform surveys for the accreditation organization including— • The size and composition of accreditation teams for each type of provider and supplier accredited. • The education and experience requirements surveyors must meet. • The content and frequency of the in-service training provided to survey personnel. • The evaluation systems used to monitor the performance of individual surveyors and survey teams. • Policies and procedures regarding an individual's participation in the survey or accreditation decision process of any organization with which the individual is professionally or financially affiliated.

(6)A description of the organization's data management and analysis system for its surveys and accreditation decisions, including the kinds of reports, tables, and other displays generated by that system.

(7)The organization's procedures for responding to and for the investigation of complaints against accredited facilities, including policies and procedures regarding coordination of these activities with appropriate licensing bodies (that is, National Supplier Clearinghouse, CMS, and ombudsman programs).

(8)The organization's policies and procedures for the withholding or removal of accreditation status for facilities that fail to meet the accreditation organization's standards or requirements, and other actions taken by the organization in response to noncompliance with its standards and requirements. These policies and procedures must include notifying CMS of facilities that fail to meet the requirements of the accrediting organization.

(9)A description of all types and categories of accreditation offered by the organization, the duration of each type and category of accreditation, and a statement specifying the types and categories of accreditation for which approval of deeming authority is sought.

(10)A list of all currently accredited suppliers, the type and category of accreditation currently held by each supplier, and the expiration date of each supplier's current accreditation.

(11)A list of all accreditation surveys scheduled to be performed by the organization.

(12)A plan for reducing the burden and cost of accreditation to small suppliers. The accreditation organization must also submit the following supporting documentation:

(1)A written presentation that demonstrates the organization's ability to furnish CMS with electronic data in ASCII comparable code.

(2)A resource analysis that demonstrates that the organization's staffing, funding, and other resources are adequate to perform the required surveys and related activities.

(3)A statement acknowledging that, as a condition for approval of deeming authority, the organization will agree to— • Prioritize surveys for those suppliers in the 10 Metropolitan Statistical Areas

(MSAs)that need to bid in late 2007. • Prioritize surveys for those suppliers in the 80 MSAs that need to bid in early 2008. • Consider any previous accreditation, certification, and/or licensure findings that indicate that DMPOS quality standards are being met at the time the accreditation organization surveys the supplier. • Use a streamlined process that considers only compliance with CMS' DME quality standards. • Notify CMS, in writing, of any supplier that had its accreditation revoked, withdrawn, revised, or any other remedial or adverse action taken against it by the accreditation organization within 30 calendar days of any such action taken. • Notify all accredited suppliers within 10 calendar days of CMS' withdrawal of the organization's approval of deeming authority. • Notify CMS, in writing, at least 30 calendar days in advance of the effective date of any proposed changes in accreditation requirements. • Submit to CMS, within 30 calendar days of a change in CMS requirements, an acknowledgement of CMS' notification of the change, as well as a revised crosswalk reflecting the new requirements, and inform CMS about how the organization plans to alter its requirements to conform to CMS' new requirements. • Permit its surveyors to serve as witnesses if CMS takes an adverse action based on accreditation findings. • Notify CMS, in writing, within 2 calendar days of a deficiency identified in any accreditation entity where the deficiency poses an immediate jeopardy to the entity's beneficiaries or a hazard to the general public. • Provide, on an annual basis, summary data specified by CMS that relates to the past years' accreditations and trends. • Attest that the organization will not perform any DMEPOS accreditation surveys of Medicare participating suppliers with which it has a financial relationship with or interest. • Conform accreditation requirements to changes in Medicare requirements. If CMS determines that additional information is necessary to make a determination for approval or denial of the accreditation organization's application for deeming authority, the organization will be notified and afforded an opportunity to provide the additional information. CMS may visit the organization's offices to verify representations made by the organization in its application, including, but not limited to, review of documents and interviews with the organization's staff. The accreditation organization will receive a formal notice from CMS stating whether the request for deeming authority has been approved or denied, the rationale for any denial and reconsideration, and reapplication procedures. CMS will make every effort to issue a final decision no more than 30 days from the time the completed application is received by CMS. An accreditation organization may withdraw its application for approval of deeming authority at any time before the formal notice of approval is received. An accreditation organization that has been notified that its request for deeming authority has been denied may request reconsideration in accordance with § 488.201 through § 488.211 in Subpart D. Any accreditation organization whose request for approval of deeming authority has been denied may resubmit its application if the organization:

(1)Revises its accreditation program to address the rationale for denial of its previous request;

(2)provides reasonable assurance that its accredited companies meet applicable Medicare requirements; and

(3)resubmits the application in its entirety. If an accreditation organization has requested a reconsideration of CMS's determination that its request for deeming approval is denied, it may not submit a new application for deeming authority for the type of provider or supplier that is at issue in the reconsideration until the reconsideration is final. C. Evaluation of Proposals A panel consisting of subject matter experts will evaluate the proposals using criteria already established by CMS in the survey and certification process. The deadline for the submission of proposals is October 2, 2006. III. Collection of Information Requirements The preamble of this notice discusses the information collection requirements associated with DMEPOS supplier accreditation from independent accrediting bodies. An independent accreditation organization must furnish to CMS all of information in the 12 items listed in section II.B. of this notice. In addition, each organization must also submit all of the necessary supporting documentation. This information is necessary to give the independent accreditation organizations the opportunity to submit proposals to implement and operate the DMEPOS accreditation programs. DMEPOS accreditation is required for DMEPOS suppliers that wish to bill Part B. The information supplied by the independent accreditation organizations will be used to evaluate the accreditation organizations ability to meet CMS' regulations. The burden associated with this information collection requirement is the time and effort required to document, compile, and submit the necessary application information to CMS. We estimate that 10 entities will submit the application information to CMS in order to be deemed independent accrediting bodies. We also estimate that it will take each of the entities approximately 20 hours to comply with this requirement for an annual total of 200 burden hours. The aforementioned information collection requirements have been submitted to the Office of Management and Budget

(OMB)for emergency approval with a 10-day public comment period. In the August 4, 2006 **Federal Register** (71 FR 44300), we published a notice announcing the request for emergency approval of the information collection requirements. These requirements are not effective until they have been approved by OMB. Authority: Section 1834(a)(20) of the Social Security Act (42 U.S.C. 1395m(a)(20)). (Catalog of Federal Domestic Assistance Program No. 93.773 Medicare—Hospital Insurance Program; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: July 25, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. [FR Doc. 06-6933 Filed 8-10-06; 4:01 pm]

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