Notices. Notice

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BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54319; File No. SR-NASD-2006-060] Self-Regulatory Organizations: National Association of Securities Dealers, Inc.; Notice of Filing of Proposed Rule Change To Require Members To File Regulatory Notices With NASD Electronically August 15, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act” or “Exchange Act”) 1 and Rule 19b-4 under the Act, 2 notice is given that on May 16, 2006, the National Association of Securities Dealers, Inc.

(“NASD”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below. These items have been prepared by NASD. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NASD proposes to adopt NASD Rule 3170 to provide NASD with the authority to require member firms to file or submit electronically with NASD any regulatory notice or other document that member firms are required to file with (or otherwise submit to) NASD.

NASD may specify the electronic format to be used. The proposed rule change does not specify the particular regulatory notices or documents that NASD will require members to file electronically. Instead, NASD's proposed rule change would give NASD authority to require members to file or submit electronically with NASD any specified regulatory notice or document. NASD plans to require members to file certain specified notices with NASD via an electronic, Internet-based receiving and processing system (“System”), using templates developed by NASD for each notice.

The System will be available to members on NASD's Internet Web site. Below is the text of the proposed rule change. Proposed new language is in italic. 3170. Mandatory Electronic Filing Requirements *Each member shall be required to file with NASD, or otherwise submit to NASD, in such electronic format as NASD may require, all regulatory notices or other documents required to be filed or otherwise submitted to NASD, as specified by NASD.* II. Self-Regulatory Organization's Statement Concerning the Proposed Rule Change In its filing with the Commission, NASD included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change.

The text of these statements may be examined at the places specified in Item IV below. NASD has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of the statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The purpose of the proposed rule change is to provide NASD with the authority to require member firms to file or submit electronically with NASD any regulatory notice or other document that member firms are required to file with (or otherwise submit to) NASD.

NASD may specify the electronic format to be used. The proposed rule change does not specify the particular regulatory notices or documents that NASD will require members to file electronically. Instead, NASD's proposed rule change would give NASD authority to require members to file or submit electronically with NASD any specified regulatory notice or document. Upon approval of the rule change, NASD will issue a Notice to Members and other member communications, as appropriate, to advise its members which regulatory notices or documents members will be required to file or submit electronically to NASD and the date on which electronic filing or submission of these notices or documents will be required.

These communications will also advise members that as of the specified date, electronic filing or submission of the specified regulatory notices or documents will be mandatory, and that NASD will no longer accept facsimile or other non-electronic transmissions of these notices or documents. NASD notes that, upon approval of the proposed rule change, NASD, as a member's designated examining authority, examining authority, or regulatory authority that examines the firm as to financial responsibility (“DEA”), plans to require members to file certain notices that must be filed with NASD under the following Exchange Act Rules electronically: 3 3 NASD has requested relief from the Commission with respect to these Exchange Act rules.

Electronic filing of notices with NASD does not affect requirements in those rules to file notices with the Commission or other securities regulatory agencies. • Rule 15c3-1(e)—Withdrawals of equity capital • Rule 15c3-3(i)—Special Reserve Bank Account • Rule 17a-4(f)(2)(i); Rule 17a-4(f)(3)(vii)—Electronic storage media • Rule 17a-5(f)(4)—Replacement of accountant • Rule 17a-11(b)—Net capital deficiency • Rule 17a-11(c)(1)—Aggregate indebtedness is in excess of 1200 percent of net capital • Rule 17a-11(c)(2)—Net capital is less than 5 percent of aggregate debit items • Rule 17a-11(c)(3)—Net capital is less than 120 percent of required minimum dollar amount • Rule 17a-11(d)—Failure to make and keep current books and records • Rule 17a-11(e)—Material inadequacy in accounting systems, internal controls, or practices and procedures NASD members will be required to file these specified notices with NASD via an electronic, Internet-based receiving and processing system (“System”), using templates developed by NASD for each notice.

The System will be available to members on NASD's Internet Web site. 2. Statutory Basis NASD believes that the proposed amendment to NYSE Rule 418 is consistent with Section 6(b) of the Act 4 in general, and furthers the objectives of Section 6(b)(5) of the Act 5 in particular, in that it is designed to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments and perfect the mechanism of a free and open market and to protect investors and the public interest.

NASD believes that the electronic filing of notices is cost-saving and efficient and that it will enhance the speed and efficiency of processing the filings and reduce administrative costs. 4 15 U.S.C. 78f(b). 5 15 U.S.C. 78f(b)(5). B. Self-Regulatory Organization's Statement on Burden on Competition NASD does not believe that the proposed rule change will impose any inappropriate burden on competition. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Pursuant to Section 19(b)(2) of the Act, 6 within 35 days of the date of publication of this notice in the **Federal Register** or within such longer period

(i)as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or

(ii)as to which the Exchange consents, the Commission will: 6 15 U.S.C. 78f(b)(2).

(A)By order approve such proposed rule change, or

(B)Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the proposed rule change, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send e-mail to *rule-comments@sec.gov.* Please include File Number SR-NASD-2006-060 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASD-2006-060. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro/shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Section, 100 F Street, Washington, DC 20549. Copies of the filings will also be available for inspection and copying at the principal office of the NASD. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File number SR-NASD-2006-060 and should be submitted on or before September 12, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 7 7 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-13812 Filed 8-21-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54318; File No. SR-NASD-2006-098] Self-Regulatory Organizations; National Association of Securities Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Make Certain Technical, Non-Substantive Changes to its Trade Reporting Rules August 15, 2006. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 notice is hereby given that on August 10, 2006, the National Association of Securities Dealers, Inc. (“NASD”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by NASD. NASD has designated the proposed rule change as constituting a “non-controversial” rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(6) thereunder, 4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b-4(f)(6). I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change NASD is proposing to make technical, non-substantive changes to certain NASD rules previously approved by the Commission in SR-NASD-2006-055 that were amended by SR-NASD-2005-087, which became effective August 1, 2006. 5 Below is the text of the proposed rule change. 6 Proposed new language is in italics; proposed deletions are in [brackets]. 5 NASD filed SR-NASD-2005-087 on July 11, 2005 and Amendment No. 1 on June 15, 2006. The Commission approved SR-NASD-2005-087, as amended, on June 30, 2006. *See* Securities Exchange Act Release No. 54084 (June 30, 2006), 71 FR 38935 (July 10, 2006). 6 The proposed changes indicated below are based on the rule text approved by the Commission as part of SR-NASD-2006-055 on June 12, 2006, which, but for this subsequent filing (which became necessary due to the intervening approval and implementation of SR-NASD-2005-087), would become effective on December 1, 2006. 4000. THE [NASDAQ STOCK MARKET] *TRADE REPORTING FACILITY* [4600. NASDAQ MARKET MAKER REQUIREMENTS] 4630. Reporting Transactions in *Designated* [Nasdaq National Market] Securities 4632. Transaction Reporting

(a)through

(d)No Change.

(e)Transactions Not To Be Reported for Publication Purposes The following types of transactions shall not be reported *to the Trade Reporting Facility* for publication purposes:

(1)through

(6)No Change.

(f)through

(g)No Change. 4640 Series. Deleted in its entirety 4000A. NASD ALTERNATIVE DISPLAY FACILITY 4600A. TRADING IN NASDAQ SECURITIES 4632A. Transactions Reported by Members

(a)through

(j)No Change.

(k)Transactions Not To Be Reported to NASD for Publication Purposes. The following types of transactions effected by NASD members shall not be reported to TRACS for publication purposes:

(1)through

(4)No Change.

(5)purchases or sales of securities effected upon the exercise of an option pursuant to the terms thereof or the exercise of any other right to acquire securities at a pre-established consideration unrelated to the current market[.] *; and* *(6) transactions reported on or through an exchange.*

(l)No Change. 6000. NASD SYSTEMS AND PROGRAMS 6100. *CLEARING AND COMPARISON RULES* [TRADE REPORTING SERVICE] 6130. Trade Report Input

(a)through

(f)No Change.

(g)Reporting Certain Transactions for Purposes of Regulatory Transaction Fee Assessment The following types of transactions that are assessed a regulatory transaction fee in accordance with Section 3 of Schedule A to the NASD By-Laws must be reported to the [Nasdaq Market Center] *System* as prescribed below. Transactions must be submitted to the [Nasdaq Market Center] *System* by 6:30 p.m. Eastern Time (or the end of the [Nasdaq Market Center] *System* reporting session that is in effect at that time).

(1)Odd-Lot Transactions Transactions for less than a normal unit of trading shall be reported to the [Nasdaq Market Center] *System* with a modifier of .RO to designate the transaction as submitted for purposes of the regulatory transaction fee under Section 3 of Schedule A to the NASD By-Laws. Transactions may be entered as clearing or non-clearing.

(2)Away From the Market Sales Transactions where the buyer and seller have agreed to trade at a price substantially unrelated to the current market for the security, and consideration is given, shall be reported to the [Nasdaq Market Center] *System* with a modifier of .RA to designate the transaction as submitted for purposes of the regulatory transaction fee under Section 3 of Schedule A to the NASD By-Laws. Transactions may be entered as clearing or non-clearing.

(3)Exercises of OTC Options Transactions effected pursuant to the exercise of an OTC option shall be reported to the [Nasdaq Market Center] *System* with a modifier of .RX to designate the transaction as submitted for purposes of the regulatory transaction fee under Section 3 of Schedule A to the NASD By-Laws. Transactions may be entered as clearing or non-clearing. II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, NASD included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. NASD has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose On June 30, 2006, the Commission approved SR-NASD-2005-087. 7 Among other things, SR-NASD-2005-087 proposed

(1)amendments to the NASD Delegation Plan, NASD By-Laws, and NASD rules to reflect a proposed phased implementation strategy for the operation of the Nasdaq Exchange as a national securities exchange with respect to Nasdaq-listed securities during a transitional period; and

(2)rules for reporting transactions effected otherwise than on an exchange to the new Trade Reporting Facility. SR-NASD-2005-087 became effective on August 1, 2006. 7 *See* Securities Exchange Act Release No. 54084 (June 30, 2006), 71 FR 38935 (July 10, 2006). On June 12, 2006, the Commission approved SR-NASD-2006-055 which requires members to report all transactions that must be reported to NASD and that are subject to a regulatory transaction fee pursuant to Section 3 of Schedule A to the NASD By-Laws to the Nasdaq Market Center and/or the Trade Reporting and Comparison Service; provided, however, that certain identified transactions shall not be reported for publication purposes. 8 SR-NASD-2006-055 will become effective on a date to be announced in a future *Notice to Members* , which is anticipated to be December 1, 2006. 8 *See* Securities Exchange Act Release No. 53977 (June 12, 2006), 71 FR 34976 (June 16, 2006) (approving SR-NASD-2006-055). These two rule filings amended several of the same NASD rules. Because of the timing of the approval and implementation dates of these two filings, NASD is filing this proposed rule change to make technical, non-substantive changes to those NASD rules previously approved by the Commission but not yet effective in SR-NASD-2006-055 that were subsequently amended by the approval and implementation of SR-NASD-2005-087, which became effective on August 1, 2006. Specifically, the underlying rule text for NASD Rules 4632, 4632A, and 6130 contained in SR-NASD-2006-055 was subsequently amended by SR-NASD-2005-087. 9 In addition, in light of the changes implemented as part of SR-NASD-2005-087, the transactions that are subject to a regulatory transaction fee pursuant to Section 3 of Schedule A to NASD By-Laws will no longer be reported to the Nasdaq Market Center as originally proposed in NASD Rule 6120(g), but to another NASD facility, either the Trade Reporting Facility or the OTC Reporting Facility, as defined in NASD Rule 6110. As a result, NASD is proposing changes to the rule text approved pursuant to SR-NASD-2006-055 to conform it to the recently approved rule changes as part of SR-NASD-2005-087. In addition, SR-NASD-2006-055 proposed amendments to NASD Rule 4642, which was subsequently deleted in SR-NASD-2005-087, and therefore these rule changes are no longer necessary. 9 The amendments to Section 3 of Schedule A to NASD By-Laws and NASD Rules 6420, 6620, and 6130A were unaffected by SR-NASD-2005-087. Accordingly, these amendments will become effective in accordance with SR-NASD-2006-055 and the corresponding *Notice to Members* that will announce the effective date of the amendments, which is anticipated to be December 1, 2006. NASD has filed the proposed rule change for immediate effectiveness. The implementation date will be the implementation date of SR-NASD-2006-055, which is anticipated to be December 1, 2006. 2. Statutory Basis NASD believes that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act, 10 which requires, among other things, that NASD rules must be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. NASD believes that the proposed rule change will enhance the integrity of the market by increasing the consistency and clarity of its rules. 10 15 U.S.C. 78 *o* -3(b)(6). B. Self-Regulatory Organization's Statement on Burden on Competition NASD does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not:

(1)Significantly affect the protection of investors or the public interest;

(2)impose any significant burden on competition; and

(3)become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the Exchange has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the filing date of the proposal. 11 11 As required under Rule 19b-4(f)(6)(iii), NASD provided the Commission with notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposal. At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form ( *http://www.sec.gov/rules/sro.shtml* ); or • Send an E-mail to *rule-comments@sec.gov* . Please include File Number SR-NASD-2006-098 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number SR-NASD-2006-098. This file number should be included on the subject line if E-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtm* l). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of the NASD. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASD-2006-098 and should be submitted on or before September 12, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 12 12 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-13816 Filed 8-21-06; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-54320; File No. SR-NYSE-2005-18] Self-Regulatory Organizations; New York Stock Exchange, Inc.; Order Approving Proposed Rule Change and Amendments No. 1 and 2 Thereto Regarding NYSE Rule 619 To Clarify That Failure To Appear or Produce Documents in Arbitration May Be Deemed Conduct Inconsistent With Just and Equitable Principles of Trade August 15, 2006. I. Introduction On February 17, 2005, the New York Stock Exchange, Inc. (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder, 2 a proposed rule change to amend Rule 619 to clarify that it may be deemed conduct or proceeding inconsistent with just and equitable principles of trade for purposes of NYSE Rule 476(a)(6) for a member, member organization, allied member, approved person, registered or non-registered employee of a member or member organization or person otherwise subject to the jurisdiction of the Exchange (each, a “responsible party”) to fail to appear or fail to produce any document in its possession or control as directed pursuant to applicable provisions of the NYSE Arbitration Rules. On July 27, 2005, the Exchange filed Amendment No. 1 to the proposed rule change. 3 On February 15, 2006, the Exchange filed Amendment No. 2 to the proposed rule change. 4 The proposed rule change was published for comment in the **Federal Register** on April 11, 2006. 5 The Commission received five comment letters on the proposal. 6 This order approves the proposed rule change as amended. 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b-4. 3 In Amendment No. 1, which replaced the original filing, the Exchange clarified that Rule 619 also applies to a “person otherwise subject to the jurisdiction of the Exchange.” 4 Amendment No. 2, which replaced the first amended rule filing, conformed the proposed rule to reflect the list of persons subject to disciplinary action under NYSE Rule 476. 5 *See* Exchange Act Release No. 53599 (Apr. 4, 2006), 71 FR 18401 (Apr. 11, 2006). 6 *See* E-mail from David Plimpton, Plimpton & Esposito, to *rule-comments@sec.gov,* dated April 27, 2006 (“Plimpton”); letter from Robert S. Banks, Jr., Public Investors Arbitration Bar Association, dated April 25, 2006 (“PIABA”); E-mail from A. Daniel Woska, A. Daniel Woska & Associates, P.C., to *rule-comments@sec.gov,* dated April 23, 2006 (“Woska”); E-mail from Les Greenberg, Law Offices of Les Greenberg, to *rule-comments@sec.gov,* dated April 20, 2006 (“Greenberg”); letter from Steven B. Caruso, Maddox Hargett Caruso, P.C., dated April 11, 2006 (“Caruso”). II. Description of the Proposal NYSE Rule 476 allows disciplinary sanctions to be imposed upon a responsible party who is adjudged guilty of certain enumerated offenses, including “conduct or proceeding inconsistent with just and equitable principles of trade.” The proposal would amend Rule 619 to clarify that it may be deemed conduct or proceeding inconsistent with just and equitable principles of trade for purposes of NYSE Rule 476(a)(6) for a responsible party to fail to appear or fail to produce any document in its possession or control as directed pursuant to provisions of the NYSE Arbitration Rules. The Exchange is aware of allegations that member organizations have not fulfilled their discovery obligations as prescribed by NYSE Arbitration Rules. The NYSE believes that the express authority for the NYSE to bring a disciplinary action under NYSE Rule 476(a)(6) will improve the efficacy of the arbitration process by facilitating the Exchange's ability to ensure more fully and forcefully the cooperation of a responsible party who is a party to an arbitration proceeding. By explicitly providing that the failure to appear or to produce documents in one's possession or control may be deemed conduct or proceeding inconsistent with just and equitable principles of trade, the NYSE believes that the proposed amendment would provide the Exchange with a clear mechanism to pursue disciplinary action pursuant to NYSE Rule 476 in response to such conduct. III. Summary of Comments The Commission received five comment letters on the proposal. 7 Commenters generally supported the proposal. 8 As discussed below, however, some raised concerns with certain aspects of it. 7 *See id.* 8 For example, one commenter supported the proposed rule because, in the commenter's view, members that violate discovery rules do not regard their conduct as serious unless sanctions are imposed. PIABA. *See also* Woska. Proposed Rule 619(h) states in relevant part that “[i]t may be deemed conduct or proceeding inconsistent with just and equitable principles of trade for purposes of Rule 476(a)(6) [for a responsible party] to fail to appear or to produce any document in their possession or control *as directed pursuant to provisions of the NYSE Arbitration Rules.”* (Emphasis added.) One commenter stated that the emphasized language could be misconstrued to require the prior direction or an order of an arbitration panel before the NYSE could charge the party with a violation of Rule 476. 9 The commenter also suggested that the proposed rule be amended to clarify that it does not affect an arbitrator's current authority under Rules 604 (dismissal of proceedings) and 621 (enforcement of rulings). 10 9 *See* Caruso. 10 *Id.* Two commenters stated that arbitrators need to better enforce existing procedures, particularly Rule 604(b), which allows an arbitrator to impose sanctions against a party that willfully and intentionally fails to comply with an arbitrator's order if lesser sanctions have proven ineffective. Greenberg and PIABA. Two commenters believed that the proposed rule does not adequately address what the commenters' view are ongoing problems with arbitrator conflicts of interest. 11 One of these commenters stated that a securities arbitrator may be reluctant to impose sanctions on a party for fear that the party may not select the arbitrator to serve on future NYSE arbitration panels. 12 11 *See* Greenberg (stating that monetary sanctions on attorneys might be a more effective deterrent) and Plimpton (questioning whether NYSE arbitrators are independent enough to take action to curb discovery abuse). 12 *See* Greenberg. To address concerns about arbitrator reluctance to sanction a party, the commenter suggested that the proposal require arbitrators to refer all contested discovery orders to NYSE. IV. Discussion and Commission Findings After careful review, the Commission finds that the proposed rule change, as amended, is consistent with the Act and, in particular, with Section 6(b)(5) of the Act, which requires, among other things, that the NYSE's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. 13 The Commission also finds that the proposal is consistent with Section 6(b)(6) 14 of the Act, which requires, among other things, that the rules of an exchange provide that members and persons associated with its members be appropriately disciplined for violating the Act, the rules or regulations under the Act, or the rules of the exchange. 13 15 U.S.C. 78f(b)(5). 14 15 U.S.C. 78f(b)(6). In particular, the Commission believes that by expressly authorizing the NYSE to bring an action against a member under Rule 476 for failing to appear or to produce any document in its possession or control in an arbitration proceeding, the proposal will enable NYSE to appropriately discipline such members. Moreover, the Commission believes the proposed rule could reduce discovery abuses by alerting parties to the importance of complying with NYSE Rule 619. One commenter stated that the proposal could be misconstrued to require an order of an arbitration panel before NYSE could charge a party with violating Rule 476. 15 NYSE staff confirms that the proposed rule does not require an arbitration panel to issue an order before the NYSE could bring an action under Rule 476. Indeed, the proposal does not require any action from the arbitration panel before the NYSE may bring such an action. Moreover, the proposal authorizes the NYSE to bring an action under Rule 476 against a party during an arbitration proceeding if the NYSE believes such action is warranted. 16 15 Caruso. 16 Telephone conversation between Karen Kupersmith, Director of Arbitration, NYSE, and Richard Strasser, Attorney Fellow, SEC (Aug. 1, 2006). The commenter also suggested that the proposed rule be amended to clarify that it does not affect the power of an arbitrator to impose sanctions under Rules 604 (dismissal of proceedings) and 621 (enforcement of rulings). In the telephone call referenced above, NYSE staff stated that nothing in the proposal is intended to affect arbitrators' current authority under existing NYSE arbitration rules. Some commenters raised broader concerns about arbitrator conflicts of interest and the need for arbitrators to better enforce existing arbitration procedures. 17 The Commission believes these comments are beyond the scope of the current proposal. 17 *See, e.g.* , Greenberg and Plimpton. VI. Conclusion *It is therefore ordered,* pursuant to Section 19(b)(2) of the Act 18 that the proposed rule change (SR-NYSE-2005-18), as amended, be, and hereby is, approved. 18 15 U.S.C. 78s(b)(2). For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 19 19 17 CFR 200.30-3(a)(12). Nancy M. Morris, Secretary. [FR Doc. E6-13811 Filed 8-21-06; 8:45 am] BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10567 and # 10568] Texas Disaster # TX-00195 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of Texas (FEMA—1658—DR), dated 08/15/2006. *Incident:* Flooding. *Incident Period:* 07/31/2006 and continuing. *Effective Date:* 08/15/2006. *Physical Loan Application Deadline Date:* 10/16/2006. *Economic Injury

(Eidl)Loan Application Deadline Date:* 05/15/2007. ADDRESSES: Submit completed loan applications to : U.S. Small Business Administration, National Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 08/15/2006, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties* (Physical Damage and Economic Injury Loans): El Paso *Contiguous Counties* (Economic Injury Loans Only): Texas Hudspeth, New Mexico, Dona Ana Otero The Interest Rates are: Percent For Physical Damage: Homeowners with credit available elsewhere 6.250 Homeowners without credit available elsewhere 3.125 Businesses with credit available elsewhere 7.934 Other (including non-profit organizations) with credit available elsewhere 5.000 Businesses and non-profit organizations without credit available elsewhere 4.000 For Economic Injury: Businesses & small agricultural cooperatives without credit available elsewhere 4.000 The number assigned to this disaster for physical damage is 10567 6 and for economic injury is 10568 0. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Herbert L. Mitchell, Associate Administrator, for Disaster Assistance. [FR Doc. E6-13852 Filed 8-21-06; 8:45 am] BILLING CODE 8025-01-P SOCIAL SECURITY ADMINISTRATION Privacy Act of 1974 as Amended; Computer Matching Program (SSA/Department of the Treasury, Internal Revenue Service (IRS))—Match 1310 AGENCY: Social Security Administration (SSA). ACTION: Notice of a new computer matching program, which is expected to begin October 1, 2006. SUMMARY: In accordance with the provisions of the Privacy Act, as amended, this notice announces a computer matching program that SSA plans to conduct with the IRS. DATES: SSA will file a report of the subject matching program with the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB). The matching program will be effective as indicated below. ADDRESSES: Interested parties may comment on this notice by either telefaxing to

(410)965-8582 or by writing to the Associate Commissioner, Office of Income Security Programs, 252 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401. All comments received will be available for public inspection at this address. FOR FURTHER INFORMATION CONTACT: The Associate Commissioner for Income Security Programs as shown above. SUPPLEMENTARY INFORMATION: A. General The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving Federal agencies could be performed and adding certain protections for individuals applying for, and receiving, Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, State, or local government records. It requires Federal agencies involved in computer matching programs to:

(1)Negotiate written agreements with the other agency or agencies participating in the matching programs;

(2)Obtain the Data Integrity Boards' approval of the match agreements;

(3)Publish notice of the computer matching program in the **Federal Register** ;

(4)Furnish detailed reports about matching programs to Congress and OMB;

(5)Notify applicants and beneficiaries that their records are subject to matching; and

(6)Verify match findings before reducing, suspending, terminating, or denying an individual's benefits or payments. B. SSA Computer Matches Subject to the Privacy Act We have taken action to ensure that all of SSA's computer matching programs comply with the requirements of the Privacy Act, as amended. Dated: August 4, 2006. Martin H. Gerry, Deputy Commissioner for Disability and Income Security Programs. Notice of Computer Matching Program, Social Security Administration

(SSA)with Internal Revenue Service

(IRS)A. Participating Agencies SSA and IRS B. Purpose of the Matching Program The purpose of this matching program is to establish the correct amount of Medicare Part B premium subsidy adjustment under section 1839(i) of the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA). Pursuant to section 1839(i) of the MMA (42 U.S.C. 1395r), SSA shall determine whether a Medicare Part B enrollee would pay a larger percentage of the Part B premium than an individual with income below the applicable threshold. C. Authority for Conducting the Matching Program Section 6103(l)(20) of the Internal Revenue Code (26 U.S.C. 6103(1)(20)) authorizes the IRS to disclose return information with respect to Modified Adjusted Gross Income

(MAGI)to SSA for the purpose of adjusting the usual Part B premium subsidy for Medicare beneficiaries with MAGI above the applicable threshold. Section 1839(i) of the MMA requires the Commissioner of SSA to determine the amount of an individual's Part B premium if the MAGI is above the applicable threshold for an individual or a married couple as established in section 1839(i)(2)(A) of the Act. D. Categories of Records and Individuals Covered by the Matching Program SSA will provide the IRS with identifying information with respect to enrollees for Medicare Part B from the Master Beneficiary Record system of records, SSA/ORSIS 60-0090, originally published at 60 FR 2144 (January 6, 1995) and as revised at 71 FR 1826 (January 11, 2006). MAGI data provided by the IRS will be maintained in the Medicare Database system of records, SSA/ORSIS 60-0321, published at 69 FR 77816 (December 28, 2004), which is currently being revised to include the Medicare Part B income related monthly adjustment amount. IRS will extract return information with respect to MAGI from the Return Transaction File, which is a part of the Individual Returns, Adjustments and Miscellaneous Documents File, Treasury/IRS 22.034, as published at 66 FR 63794 (December 10, 2001). E. Inclusive Dates of the Matching Program The matching program will become effective no sooner than 40 days after notice of the matching program is sent to Congress and OMB, or 30 days after publication of this notice in the **Federal Register** , whichever date is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. [FR Doc. E6-13863 Filed 8-21-06; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF STATE [Public Notice 5518] 60-Day Notice of Proposed Information Collection: DSP-122, Supplemental Registration for the Diversity Immigrant Visa Program, OMB No. 1405-0098, DSP-122 ACTION: Notice of request for public comments. SUMMARY: The Department of State is seeking Office of Management and Budget

(OMB)approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the **Federal Register** preceding submission to OMB. We are conducting this process in accordance with the Paperwork Reduction Act of 1995. • *Title of Information Collection:* Supplemental Registration for the Diversity Immigrant Visa Program. • *OMB Control Number:* 1405-0098. • *Type of Request:* Extension of a Currently Approved Collection. • *Originating Office:* Bureau of Consular Affairs, Office of Visa Services. • *Form Number:* DSP-122. • *Respondents:* Diversity visa applicants. • *Estimated Number of Respondents:* 60,000. • *Estimated Number of Responses:* 60,000. • *Average Hours per Response:* 30 minutes. • *Total Estimated Burden:* 30,000. • *Frequency:* Once per application. • *Obligation to Respond:* Required to obtain benefit. DATES: The Department will accept comments from the public up to 60 days from August 22, 2006. ADDRESSES: You may submit comments by any of the following methods: • *E-mail: VisaRegs@state.gov* (the subject line of the e-mail must be DSP-122) • *Mail (paper, disk, or CD-ROM submissions):* Chief, Legislation and Regulation Division, Visa Services—DSP-122 Reauthorization, 2401 E Street, NW., Washington, DC 20520-30106. • *Fax:*

(202)663-3898. You must include the DS form number (if applicable); information collection title, and OMB control number in any correspondence. FOR FURTHER INFORMATION CONTACT: Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed information collection and supporting documents, to Andrea Lage of the Office of Visa Services, U.S. Department of State, 2401 E Street, NW., L-603, Washington, DC 20520, who may be reached at

(202)663-1221 or *lageab@state.gov* . SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary for the proper performance of our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology. *Abstract of proposed collection:* The Kentucky Consular Center

(KCC)will register selected diversity visa lottery entries and then send the applicant an Instruction Package for Immigrant Visa Applicants, which consists of DS-122 (Supplemental Registration for the Diversity Immigrant Visa Program) and DS-230 (Application for Immigrant Visa and Alien Registration Part I and II). In order for an applicant to be considered documentarily qualified for a visa, the applicant must complete and return both of the above-mentioned forms to KCC. Upon receipt of these forms KCC will transmit the Immigrant Visa Appointment Package and schedule an appointment for the applicant. *Methodology:* Applicants must return the completed form to the KCC via mail. Dated: August 7, 2006. Stephen A. Edson, Deputy Assistant Secretary, Bureau of Consular Affairs, Department of State. [FR Doc. E6-13883 Filed 8-21-06; 8:45 am] BILLING CODE 4710-06-P DEPARTMENT OF STATE [Public Notice: 5522] Bureau of Western Hemisphere Affairs; Notice of New Information Collection Under Emergency Review: Human Rights Violators List; Form DS-5090e, OMB Control Number 1405-xxxx AGENCY: Bureau of Western Hemisphere Affairs, Department of State. ACTION: Notice of request for Emergency OMB approval. SUMMARY: The Department of State has submitted the following new information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the emergency review procedures of the Paperwork Reduction Act of 1995. *Type of Request:* Emergency Review. *Originating Office:* Bureau of Western Hemisphere Affairs, Office of Cuban Affairs (WHA/CCA) *Title of Information Collection:* Human Rights Violators List. *Frequency:* On occasion. *Form Number:* DS-5090e. *Respondents:* Victims of human rights violations. *Estimated Number of Respondents:* 7,300. *Average Hours per Response:* 15 minutes per response. *Total Estimated Burden:* 1,825 hours. The proposed information collection is published to obtain comments from the public and affected agencies. Emergency review and approval of this collection has been requested from OMB by August 18, 2006. If granted, the emergency approval is only valid for 180 days. During this 180-day period, we will publish a separate **Federal Register** Notice announcing the initiation of an extensive 60-day agency review and public comment period on this collection. We will submit the collection to OMB and seek an extension of this emergency approval. Comments should be directed to Katherine Astrich, State Department Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, DC 20530, who may be reached on 202-395-4718. *For Additional Information:* Requests for additional information, regarding the collection listed in this notice should be directed to Tim Zuniga-Brown, Office of Cuban Affairs, U.S. Department of State, Washington, DC 20520, who may be reached on 202-647-7481. Abstract of Proposed Collection The President has asked the interagency community to use the temporary transfer of power from Fidel Castro to his brother Raul Castro in August 2006 as an historic moment to work to encourage a democratic transition in Cuba. In keeping with the recommendations of the Commission for Assistance to a Free Cuba report, the State Department will seek information from the public about human rights abuses committed by Cuban authorities, including the military and members of the security forces. The information is sought in accordance with, inter alia, 22 U.S.C. 2656 and 2304(a)(1). The principal purpose for collecting the information is to prepare and maintain a database of human rights abusers in Cuba. The Department may use this information in connection with its responsibilities for the protection and promotion of human rights and for the conduct of foreign affairs, as well as for other appropriate purposes as a routine part of the Department's activities. *Methodology:* WHA/CCA will collect this information via electronic submission. Dated: August 16, 2006. Caleb McCarry, Cuban Transition Coordinator, Bureau of Western Hemisphere Affairs, Department of State. [FR Doc. E6-13960 Filed 8-21-06; 8:45 am] BILLING CODE 4710-29-P DEPARTMENT OF STATE [Public Notice 5520] Culturally Significant Objects Imported for Exhibition Determinations: “Embroidering Identities: A Century of Palestinian Clothing” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Embroidering Identities: A Century of Palestinian Clothing,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner. I also determine that the exhibition or display of the exhibit objects at the Oriental Institute Museum of the University of Chicago, Chicago, Illinois, from on or about November 4, 2006, until on or about March 25, 2007, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Paul Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: August 16, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6-13891 Filed 8-21-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5519] Culturally Significant Objects Imported for Exhibition Determinations: “Picasso and American Art” SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Picasso and American Art,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Whitney Museum of American Art, New York, New York, from on or about September 28, 2006, until on or about January 28, 2007, at the San Francisco Museum of Modern Art, San Francisco, California, from on or about February 25, 2007, until on or about May 28, 2007, and at the Walker Art Center, Minneapolis, Minnesota, from on or about June 17, 2007, until on or about September 9, 2007, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit objects, contact Julianne Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8049). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. Dated: August 15, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6-13881 Filed 8-21-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5508] Defense Trade Advisory Group; Notice of Open Meeting AGENCY: Department of State. ACTION: Notice. SUMMARY: The Defense Trade Advisory Group

(DTAG)will meet in open session from 9 a.m. to 12 noon on Thursday, September 21, 2006, in the Dean Acheson Auditorium at the U.S. Department of State, Harry S. Truman Building, Washington, DC. Entry and registration will begin at 8:15. Please use the building entrance located at 23rd Street, NW., Washington, DC, between C & D streets. The membership of this advisory committee consists of private sector defense trade specialists, appointed by the Assistant Secretary of State for Political-Military Affairs, who advise the Department on policies, regulations, and technical issues affecting defense trade. The purpose of the meeting will be to discuss current defense trade issues and topics for further study. The next DTAG Plenary meeting is scheduled for March 8, 2007 from 9 a.m. to 12 p.m. in the East Auditorium at the U.S. Department of State, Harry S. Truman Building, Washington, DC. Although public seating will be limited due to the size of the conference room, members of the public may attend this open session as seating capacity allows, and will be permitted to participate in the discussion in accordance with the Chairman's instructions. Members of the public may, if they wish, submit a brief statement to the committee in writing. As access to the Department of State facilities is controlled, persons wishing to attend the meeting must notify the DTAG Executive Secretariat by COB Thursday, September 14, 2006. If notified after this date, the DTAG Secretariat cannot guarantee that the Department's Bureau of Diplomatic Security can complete the necessary processing required to attend the September 21 plenary. Each non-member observer or DTAG member needing building access that wishes to attend this plenary session should provide: his/her name; company or organizational affiliation; phone number; date of birth; and identifying data such as driver's license number, U.S. Government ID, or U.S. Military ID, to the DTAG Secretariat contact person, Nicholas Memos, via e-mail at *MemosNI@state.gov* . DTAG members planning to attend the plenary session should notify the DTAG Secretariat contact person, Nicholas Memos, at the e-mail provided above. A RSVP list will be provided to Diplomatic Security and the Reception Desk at the 23rd Street Entrance. Attendees must present a driver's license with photo, a passport, a U.S. Government ID, or other valid photo ID for entry. FOR FURTHER INFORMATION CONTACT: Nicholas Memos, PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522-0112; telephone

(202)663-2804; fax

(202)261-8199; or e-mail *MemosNI@state.gov* . Dated: August 16, 2006. Robert W. Maggi, Executive Secretary, Defense Trade Advisory Group, Department of State. [FR Doc. E6-13882 Filed 8-21-06; 8:45 am] BILLING CODE 4710-25-P DEPARTMENT OF STATE [Public Notice 5521] U.S. Advisory Commission on Public Diplomacy; Notice of Meeting The U.S. Advisory Commission on Public Diplomacy will hold a meeting on September 15, 2006, in Room 840 at the U.S. Department of State at 301 4th St., SW., Washington, DC 20547. The meeting will be held from 9 to 10 a.m. The Commissioners will discuss public diplomacy issues and progress made in evaluating public diplomacy programs. The Commission was reauthorized pursuant to Public Law 109-108. (H.R. 2862, Science, State, Justice, Commerce, and Related agencies Appropriations Act, 2006). The U.S. Advisory Commission on Public Diplomacy is a bipartisan Presidentially appointed panel created by Congress in 1948 to provide oversight of U.S. Government activities intended to understand, inform and influence foreign publics. The Commission reports its findings and recommendations to the President, the Congress and the Secretary of State and the American people. Current Commission members include Barbara M. Barrett of Arizona, who is the Chairman; Harold Pachios of Maine; Ambassador Penne Percy Korth of Washington, DC; Ambassador Elizabeth Bagley of Washington, DC; Charles “Tre” Evers of Florida; Jay T. Snyder of New York; and Maria Sophia Aguirre of Washington, DC. Seating is limited. To attend the meeting and for more information, please contact Carl Chan at

(202)203-7883, or

(202)203-7880. Dated: August 14, 2006. Carl Chan, Interim Executive Director, ACPD, Department of State. [FR Doc. E6-13884 Filed 8-21-06; 8:45 am] BILLING CODE 4710-11-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Aviation Proceedings, Agreements Filed the Week Ending August 4, 2006 The following Agreements were filed with the Department of Transportation under the Sections 412 and 414 of the Federal Aviation Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing proceedings to enforce these provisions. Answers may be filed within 21 days after the filing of the application. *Docket Number:* OST-2006-25543. *Date Filed:* August 2, 2006. *Parties:* Members of the International Air Transport Association. *Subject:* Composite Passenger Tariff Coordinating Conference Composite Expedited Resolution 024d (Memo 1327) *Intended Effective Date:* September 1, 2006. Renee V. Wright, Program Manager Docket Operations, Federal Register Liaison . [FR Doc. E6-13878 Filed 8-21-06; 8:45 am] BILLING CODE 4910-P DEPARTMENT OF TRANSPORTATION Office of the Secretary Notice of Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits Filed Under Subpart B (formerly Subpart Q) During the Week Ending August 4, 2006 The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201 *et. seq.* ). The due date for Answers, Conforming Applications, or Motions To Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings. *Docket Number:* OST-1996-1371. *Date Filed:* August 1, 2006. *Due Date for Answers, Conforming Applications, or Motion To Modify Scope:* August 22, 2006. *Description:* Application of Delta Air Lines, Inc. requesting renewal of its certificate authority to engage in scheduled foreign air transportation of persons, property and mail between the terminal point Atlanta, GA, and the coterminal points Madrid, Barcelona, Malaga and Palma de Mallorca, Spain which are foreign points named on segment 5 of Delta's certificate for Route 178. *Docket Number:* OST-2001-9855. *Date Filed:* August 1, 2006. *Due Date for Answers, Conforming Applications, or Motion To Modify Scope:* August 22, 2006. *Description:* Application of Delta Air Lines, Inc. requesting renewal of its certificate authority to provide foreign air transportation of persons, property and mail between the United States and Athens, Greece, which is a foreign point named on segments 3 and 9 of Delta's certificate for Route 616. *Docket Number:* OST-2004-19617. *Date Filed:* August 3, 2006. *Due Date for Answers, Conforming Applications, or Motion To Modify Scope:* August 24, 2006. *Description:* Application of EOS Airlines, Inc. requesting that its certificate for public convenience and necessity be amended by adding an additional route “between the United States via intermediate points, on the one hand, and Switzerland and beyond, on the other hand” and that it be designated to serve the United States-Switzerland market under the bilateral. *Docket Number:* OST-2006-25562. *Date Filed:* August 3, 2006. *Due Date for Answers, Conforming Applications, or Motion To Modify Scope:* August 24, 2006. *Description:* Application of Jordan International Air Cargo requesting an exemption and a foreign air carrier permit authorizing it to provide the following service:

(1)Charter foreign air transportation of persons, property and mail between any point or points in Jordan and any point or points in the United States; and between any point or points in the United States and any point or points in third country or countries, provided that such service constitutes part of a continuous operation, with or without a change of aircraft, that includes air service to Jordan for the purpose of carrying local traffic between Jordan and the United States; and

(2)other charters between third countries and the United States. Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison. [FR Doc. E6-13880 Filed 8-21-06; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2006-25586] Agency Information Collection Activities; Request for Comment; Renewal of an Information Collection: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. SUMMARY: The FMCSA invites comments on its plan to request the Office of Management and Budget's

(OMB)approval to renew an existing information collection. This information collection renewal will be used to assure that motor carriers of property and passengers maintain appropriate levels of financial responsibility to operate on public highways. This notice is required by the Paperwork Reduction Act of 1995. DATES: Comments must be submitted on or before October 23, 2006. ADDRESSES: All comments should reference Docket No. FMCSA-2006-25586. You may mail or hand deliver comments to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590; telefax comments to 202/493-2251; or submit electronically at *http://dms.dot.gov.* You may examine and copy all comments received at the above address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. If you desire your comment to be acknowledged, you must include a self-addressed stamped envelope or postcard or, if you submit your comments electronically, you may print the acknowledgment. FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Haller, Commercial Enforcement, phone

(202)385-2362; FAX

(202)385-2422; or e-mail *stephanie.haller@fmcsa.dot.gov* ; Federal Motor Carrier Safety Administration, DOT, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 8 a.m. to 4:30 p.m., Monday through Friday, except Federal Holidays. SUPPLEMENTARY INFORMATION: *Title:* Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property. *OMB Control No:* 2126-0008. *Background:* The Secretary of Transportation is responsible for implementing regulations which establish minimal levels of financial responsibility for:

(1)For-hire motor carriers of property to cover public liability, property damage, and environmental restoration, and

(2)for-hire motor carriers of passengers to cover public liability and property damage. The Endorsement for Motor Carrier Policies of Insurance for Public Liability (Forms MCS-90/90B) and the Motor Carrier Public Liability Surety Bond (Forms MCS-82/82B) contain the minimum amount of information necessary to document that a motor carrier of property or passengers has obtained, and has in effect, the minimum levels of financial responsibility as set forth in applicable regulations (motor carriers of property—49 CFR 387.9; and motor carrier of passengers—49 CFR 387.33). FMCSA and the public can verify that a motor carrier of property or passengers has obtained, and has in effect, the required minimum levels of financial responsibility, by use of the information embraced within these documents. *Respondents:* Insurance and surety companies of motor carriers of property (Forms MCS-90 and MCS-82) and motor carriers of passengers (Forms MCS-90B and MCS-82B). *Frequency:* Upon creation, change, or replacement of an insurance policy or surety bond. *Estimated Average Burden per Response:* The FMCSA estimates it takes two minutes to complete the Endorsement for Motor Carrier Policies of Insurances for Public Liability or the Motor Carrier Public Liability Surety Bond; one minute to file the Motor Carrier Public Liability Surety Bond; and one minute to place either document on board the vehicle (foreign-domiciled motor carriers only). These endorsements are maintained at the motor carrier's principal place of business (49 CFR 387.7

(iii)(d)). *Estimated Total Annual Burden Hours:* 4,529 hours (4,528.84 rounded to nearest hour) [151.44 hours for motor carriers of passengers + 4,377.40 hours for motor carriers of property = 4,528.84]. *Public Comments Invited:* You are asked to comment on any aspect of this information collection, including:

(1)Whether the proposed collection is necessary for the FMCSA's performance;

(2)the accuracy of the estimated burden;

(3)ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and

(4)ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. Issued on August 15, 2006. John H. Hill, Administrator. [FR Doc. E6-13794 Filed 8-21-06; 8:45 am] BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Proposed Agency Information Collection Activities; Comment Request AGENCY: Federal Railroad Administration, DOT. ACTION: Notice and Request For Comments. SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), this notice announces that the Information Collection Request

(ICR)abstracted below has been forwarded to the Office of Management and Budget

(OMB)for review and comment. The ICR describes the nature of the information collection and its expected burden. The **Federal Register** notice with a 60-day comment period soliciting comments on the following collection of information was published on June 16, 2006 (71 FR 34990). DATES: Comments must be submitted on or before September 21, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS-21, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone:

(202)493-6292), or Gina Christodoulou, Office of Support Systems, RAD-20, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone:

(202)493-6139). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, section 2, 109 Stat. 163

(1995)(codified as revised at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On June 16, 2006, FRA published a 60-day notice in the **Federal Register** soliciting comment on ICRs that the agency was seeking OMB approval. 71 FR 34990. FRA received one comment in response to this notice. The comment submitted came from the Association of American Railroads (AAR). AAR opposes OMB renewal of this information collection because FRA has not yet fully accommodated its request concerning electronic recordkeeping for the Hours of Duty Records required in this collection. Specifically, AAR remarks: * * * FRA's hours of service regulations illegally discriminate against electronic records. FRA's regulations only permit paper records because 49 CFR section 228.9 requires that HOS [Hours of Service] records be “signed” by the employee whose time on duty is being recorded (or by the ranking crew member, in the case of train crews). A railroad has to apply for a waiver to keep HOS records electronically. AAR argues that “FRA has chosen the use of the waiver program to impose requirements that do not apply for paper records.” Further, AAR states: FRA has required railroads to, *inter alia,* • Develop computer programs capable of measuring and analyzing records to determine compliance with HOS requirements, focusing on issues such as time spent “deadheading” (nonworking travel not including commuting), “commingled” service (service not subject to HOS restrictions), and employee reports of excess service; • Establish quality-assurance programs consisting of regular and remedial training as determined by FRA and utilizing materials reviewed by FRA; and • Make electronic records accessible to FRA through various field locations. AAR observes that “there are no comparable requirements for paper records.” AAR goes on to note that “the Government Paperwork Elimination Act

(GPEA)required OMB to develop procedures for the acceptance of electronic records” and that “by Oct. 21, 2003, OMB was to ensure that agencies provide an option for the maintenance of records electronically and, where practicable, the use of electronic signatures.” AAR believes that FRA's “hours of service regulations violate the GPEA's mandate to facilitate electronic records.” FRA and its representatives have a long relationship with AAR. There have been many contacts and discussions between FRA and AAR officials regarding the Hours of Service Regulations and electronic recordkeeping. FRA has been working for some time with the AAR on this issue. FRA has meet with AAR representatives, and has indicated its intention to act on AAR's request regarding electronic recordkeeping. FRA has a team now working on a proposed rule to enable electronic recordkeeping (which would eliminate the need for waivers), so AAR's belief that FRA is unresponsive and that no progress has been made is not correct. By its nature, the process of regulatory development and enactment is a slow one. Moreover, FRA has communicated to AAR that top agency officials and specialists are available to work on any issues under current waivers while a proposed rule is being developed. In its comments, AAR admits that electronic recordkeeping option has been and is available through agency waivers. FRA clearly then has no bias against electronic records. In fact, FRA has long encouraged the use of electronic recordkeeping, wherever feasible, to reduce burden on respondents. However, because the work of “covered employees” directly impacts rail safety and because “fatigue” resulting from excessive work hours is a direct threat to public safety and the safety of train crews and other railroad workers, FRA must ensure that the Federal hours of service

(HOS)laws are strictly adhered to in order to meet its primary safety mission and its statutory obligation for HOS oversight. Although FRA permitted railroads to do away with various costly and cumbersome paper records, AAR complains that FRA imposes additional requirements for electronic records, overlooking the fact that the eliminated paper records provided FRA with much information that it needs to fulfill its statutory HOS oversight. The Interstate Commerce Commission (ICC), in 1921, mandated hours of duty record keeping with specific data fields that facilitated its statutory oversight obligations. The format and instructions presented in the ICC order have continued to be used by railroads until the beginning of electronic hours of duty programs in the mid 1990's. However, in 1969, the U.S. Congress amended the HOS to create a second duty tour category that was neither On Duty Time nor Off Duty Time. FRA refers to that category as Limbo Time. The existing record keeping requirements, much of which was carried over from the ICC Order, were not changed as a result of the statutory amendment primarily because the “other” existing record keeping requirements, i.e., Delay Report, of the ICC Order provided the necessary information to determine Limbo Time. Railroads utilizing the Electronic waiver process are not required to maintain the Delay Report segment of the original ICC Order. Instead, the programs include an additional data field, titled “Relieved Time,” to identify the beginning of the Limbo Time. The former Off Duty field used prior to the HOS amendment has been changed to Released Time, i.e., the end of Limbo Time and the beginning of a Statutory Off Duty period. Without these fields or the Delay Report, neither FRA nor the railroads can accurately determine Total Time On Duty nor when the employees rest period begins. Monitoring Indicators is an electronic oversight not feasible in paper records. These indicators point to excess service and/or obvious reporting flaws that liable the railroad through the penalty schedule contained in the HOS and the Code of Federal Regulations Part 228. If reporting flaws remain unchecked by the railroad, FRA is left with a record that does not facilitate its oversight and employee safety concerns for statutory compliance. Training requirements contained in the Electronic waivers necessitate that railroads train their employees and supervisors in the applications of the HOS. The purpose of the FRA review is to make certain that the training materials properly describe and explain to employees the proper entry of data needed to determine compliance with the law. Without an accurate record with data based on the HOS, FRA can not meet its oversight obligations. Finally, regarding AAR's allusion to the requirements of the Government Paperwork Elimination Act (GPEA), FRA is fully compliant. GPEA itself stipulates that “executive agencies provide for the option of electronic maintenance, submission, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures, when practicable.” Because there is no Federal Government, OMB, or Transportation Department standard for electronic recordkeeping and electronic signatures, FRA set up the Electronic waiver process so that it can closely scrutinize individual railroad requests for electronic recordkeeping relating to the Hours of Duty Records. In section 1703 of GPEA relating to the use and acceptance of electronic signatures by executive agencies, the law specifically states that the procedures developed by executive agencies “shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep intact the information submitted.” Until a proposed rule for electronic recordkeeping is completed, FRA's Electronic waiver process attempts to do exactly that by setting requirements for the integrity, reliability, accessibility, and security of railroad HOS electronic recordkeeping systems. At the same time, FRA's waiver system has been set up to be fully enforceable legally and thus is completely in compliance with Section 1707 of GPEA. This section states: Electronic records submitted or maintained in accordance with the procedures developed under this title, or electronic signatures or other forms of electronic authentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforceability because records are in electronic form. In sum, it is in everyone's best interest—the American public's, the railroads' and their employees, AAR's, and FRA's—that this collection of information be renewed by OMB. Although FRA has not issued an electronic rulemaking as quickly as the AAR would like, the agency is working on it and is taking the time necessary to do it right. Before OMB decides whether to approve this proposed collection of information, it must provide 30 days for public comment. 44 U.S.C. 3507(b); 5 CFR 1320.12(d). Federal law requires OMB to approve or disapprove paperwork packages between 30 and 60 days after the 30-day notice is published. 44 U.S.C. 3507 (b)-(c); 5 CFR 1320.12(d); *see also* 60 FR 44978, 44983, Aug. 29, 1995. OMB believes that the 30-day notice informs the regulated community to file relevant comments and affords the agency adequate time to digest public comments before it renders a decision. 60 FR 44983, Aug. 29, 1995. Therefore, respondents should submit their respective comments to OMB within 30 days of publication to best ensure having their full effect. 5 CFR 1320.12(c); *see also* 60 FR 44983, Aug. 29, 1995. The summary below describes the nature of the information collection request

(ICR)and the expected burden. The revised request is being submitted for clearance by OMB as required by the PRA. *Title:* Hours of Service Regulations. *OMB Control Number:* 2130-0005. *Type of Request:* Extension of a currently approved collection. *Affected Public:* Businesses. *Form(s):* N/A. *Abstract:* The collection of information is due to the railroad Hours of Service Regulations set forth in 49 CFR part 228 which require railroads to collect the Hours of Duty for covered employees, and records of train movements. Railroads whose employees have exceeded maximum duty limitations must report the circumstances. Also, a railroad that has developed plans for construction or reconstruction of sleeping quarters (Subpart C of 49 CFR part 228) must obtain approval of the Federal Railroad Administration

(FRA)by filing a petition conforming to the requirements of Sections 228.101, 228.103, and 228.105. *Annual Estimated Burden Hours:* 3,294,676. *Addressee:* Send comments regarding these information collections to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 Seventeenth Street, NW., Washington, DC, 20503; Attention: FRA Desk Officer. *Comments are invited on the following:* Whether the proposed collections of information are necessary for the proper performance of the functions of FRA, including whether the information will have practical utility; the accuracy of FRA's estimates of the burden of the proposed information collections; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collections of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the **Federal Register** . Authority: 44 U.S.C. §§ 3501-3520. Issued in Washington, DC on August 16, 2006. D.J. Stadtler, Director, Office of Budget, Federal Railroad Administration. [FR Doc. E6-13900 Filed 8-21-06; 8:45 am] BILLING CODE 4910-06-P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Environmental Impact Statement; East Link Project, WA AGENCY: Federal Transit Administration (FTA), Department of Transportation (DOT). ACTION: Notice of Intent to prepare an Environmental Impact Statement (EIS). SUMMARY: The Federal Transit Administration and the Central Puget Sound Regional Transit Authority (Sound Transit) intend to prepare an Environmental Impact Statement

(EIS)in accordance with the National Environmental Policy Act

(NEPA)for Sound Transit's proposed 11 to 19-mile extension of the Central Link Light rail transit project from Seattle to the cities of Mercer Island, Bellevue, and Redmond, within King County, Washington. The EIS will also be prepared in accordance with the provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), and with Washington's State Environmental Policy Act (SEPA). The purpose of this Notice of Intent is to alert interested parties regarding the plan to prepare the EIS, to provide information on the nature of the proposed transit project, to invite participation in the EIS process, including comments on the scope of the EIS proposed in this notice, and to announce that public scoping meetings will be conducted. The EIS will address the no action alternative and reasonable alternatives that meet the project purpose and need. DATES: Written comments on the scope of alternatives and impacts to be considered in the EIS must be received no later than October 2, 2006, and must be sent to Sound Transit at the address indicated below. ADDRESSES: Written comments on the scope of alternatives, impacts to be evaluated, and the preliminary purpose and need statement should be sent to James Irish, Link Environmental Manager, Sound Transit, 401 S. Jackson Street, Seattle, WA 98104 or by e-mail to *eastlinkscopingcomments@soundtransit.org.* Four public scoping meetings and a governmental agency scoping meeting will be held in September 2006 at the dates and locations provided below. Oral and written comments may be given at the scoping meetings. All public meeting locations are accessible to persons with disabilities who may also request this information be prepared and supplied in alternate formats by calling Brooke Belman,

(206)398-5238 at least 48-hours in advance of the meeting for Sound Transit to make necessary arrangement. Persons who are deaf or hard of hearing may call

(888)713-6030 TTY. Public Scoping Meetings September 13, 2006, 4:30 to 7:30 p.m., Meydenbauer Center, 11100 NE 6th Street, Bellevue, WA 98004. September 14, 2006, 4:30 to 7:30 p.m., Old Redmond School House Community Center, 16600 NE 80th Street, Redmond, WA 98073. September 20, 2006, 4:30 to 7:30 p.m., Union Station, Sound Transit Board Room, 401 S. Jackson Street, Seattle, WA 98104. September 21, 2006, 4:30 to 7:30 p.m., Community Center at Mercer View, Clarke Room, 8236 SE 24th Street, Mercer Island, WA 98040. Agency Scoping Meeting September 12, 2006, 1 p.m. to 3 p.m., Bellevue City Hall, 450 110th Avenue NE, Bellevue, WA 98004. FOR FURTHER INFORMATION CONTACT: John Witmer, Federal Transit Administration, 915 2nd Avenue, Suite 3142, Seattle, WA 98174, Telephone:

(206)220-7964. SUPPLEMENTARY INFORMATION: Description of Study Area The proposed extension of light rail transit in Seattle to the Eastside centers of Bellevue and Redmond via Interstate 90 (I-90) in King County, Washington, begins at the International District Station in downtown Seattle and goes east along I-90 across Mercer Island to Bellevue, north through downtown Bellevue, to the Redmond employment center of Overlake, and on to downtown Redmond. In May 2004, the Federal Highway Administration (FHWA), the Washington State Department of Transportation (WSDOT), and Sound Transit published the I-90 Two-Way Transit and HOV Operations Final EIS which identified Alternative R-8A as the preferred alternative. Briefly stated, Alternative R-8A would provide one additional High Occupancy Vehicle

(HOV)lane in each direction on the outer roadways between I-5 and Bellevue Way by restriping and, where feasible, widening the outer roadways within existing right-of-way while maintaining the existing two-lane reversible HOV operations on the center roadway. Between Rainier Avenue and Bellevue Way, this lane will be for the exclusive use of HOV traffic. R8-A also includes two new HOV direct access exit ramps and modifies existing HOV ramps. In August 2004 the Sound Transit Board executed an amendment to the 1976 Memorandum Agreement with the cities of Seattle, Mercer Island and Bellevue; the Municipality of Metropolitan Seattle; King County; and the Washington State Highway Commission pertaining to the design and construction of I-90 implementing Alternative R-8A, which identifies the ultimate configuration for I-90 with high capacity transit

(HCT)in the center roadway. “HCT” was defined in the Final EIS and 2004 amendment as “* * *a transit system operating in dedicated right-of-way such as light rail, monorail or a substantially equivalent system.” On September 28, 2004, FHWA issued a Record of Decision on the project that concurs with WSDOT and Sound Transit in the designation of Alternative R8-A as the selected alternative for the I-90 Two-Way Transit and HOV Operations Project in Bellevue, Mercer Island and Seattle, King County, Washington. One reason Alternative R8-A was selected was that it would accommodate the ultimate configuration of I-90 with High Capacity Transit in the center lanes. On July 13, 2006, the Sound Transit Board identified light rail transit as the preferred technology for high capacity transit in the corridor from Seattle to Bellevue and Redmond via I-90 and Mercer Island. A report describing the project's planning history leading to this decision, East Corridor High Capacity Transit Mode Analysis History (July 2006), is available upon request, at area libraries, and on the Sound Transit Web site. Preliminary Purpose of and Need for the Proposed Project The East Link project is needed because of projected population and business growth and increased demand for transit service connecting Seattle, Bellevue and Redmond. Regional urban center density plans assume high capacity transit investments to overcome dramatically increased congestion on I-90 between Seattle and Bellevue, operating deficiencies in transit service reliability and speed, and limited transit capacity and connectivity between major employment centers. The purpose of the East Link Project is to expand the Sound Transit Central Link light rail system from Seattle to Bellevue and Redmond via I-90 and Mercer Island, to provide a reliable and efficient alternative for moving people throughout the region. Supporting project objectives include improving speed and reliability and expanding capacity for people traveling on the region's increasingly congested roadways while preserving the environment; increasing mobility and accessibility to and from the region's highest concentrations of employment and housing; supporting VISION 2020 and Destination 2030 regional transportation plan objectives to encourage directing growth into high-density urban and manufacturing centers by providing high-capacity transit connection between these centers and with other regional destinations; fulfilling Sound Transit's legislative mandate to meet public transportation and mobility needs for high-capacity infrastructure in the central Puget Sound region; continuing to implement the goals and objectives identified in Sound Transit's Long-Range Plan; implementing the high-capacity transit element of the I-90 Two Way Transit and HOV Operations Project Final EIS, FHWA's Record of Decision, and the August 2004 Amendment to the 1976 Memorandum Agreement between King County; the cities of Bellevue, Seattle, and Mercer Island; the Washington State Transportation Commission; and Sound Transit to provide high capacity transit in the center lanes of I-90 between Bellevue and Seattle as quickly as possible; and more fully develop a regional transit system that would integrate with the Central Link light-rail line, providing direct connections among the largest urban centers in King County, including Bellevue, Overlake, Redmond, downtown Seattle, Capitol Hill, and the University District. FTA and Sound Transit seek public and agency comment on this preliminary purpose and need for this proposed action. The full text of the preliminary purpose and need statement is included in the environmental scoping information report available by contacting Sound Transit as described below. Alternatives The EIS will address the no action alternative and reasonable alternatives that meet the project purpose and need. The project corridor has been divided into 5 segments. Proposed route alternatives within each segment are described below. Segment A: Seattle to South Bellevue Segment A consists of one route alternative from the existing Central Link light rail Chinatown/International District Station on to I-90 via the D2 roadway, a high occupancy vehicle

(HOV)ramp between downtown Seattle and Rainier Avenue. The route would be in the center lanes of I-90 across Lake Washington and Mercer Island. Segment B: South Bellevue to Downtown Bellevue Three Segment B alternatives leave I-90 at Bellevue Way SE. and follow Bellevue Way SE. north. One route continues along Bellevue Way SE. north all the way to downtown Bellevue. Another route alternative diverges from Bellevue Way SE. following 112th Avenue SE. to downtown Bellevue, and a third option turns east from 112th Avenue SE. to SE. 8th Street and then follows I-405 north to downtown Bellevue. Two Segment B alternatives would continue east from Bellevue Way on the north side of I-90, one heading north in the vicinity of Lake Washington Boulevard/118th Avenue SE. and one heading north in the vicinity of the BNSF railroad. At SE. 8th Street, either alternative could continue north near I-405 or turn west on SE. 8th Street and then head north on 112th Avenue to downtown Bellevue. Segment C: Downtown Bellevue Route alternatives in downtown Bellevue approach from the south, pass near the Bellevue Transit Center, and turn east toward Overlake and Redmond. The Segment B route that follows Bellevue Way SE. all the way downtown would continue along Bellevue Way NE. and turn east toward the center of downtown and the Bellevue Transit Center in the vicinity of NE. 6th Street. Other routes approaching downtown along 112th Avenue SE. or by I-405 and 118th Avenue SE. would follow 108th Avenue NE., 110th Avenue NE., or 112th Avenue NE. Routes would turn east and cross I-405 near NE. 6th or NE. 7th Streets or continue through downtown, turning east and crossing I-405 at NE. 12th Street. Segment D: Downtown Bellevue to Overlake Transit Center Segment D alternatives begin at NE. 6th, NE. 7th, or NE. 12th Streets and head east through the Bel-Red corridor toward the Overlake area of Redmond. There are several route options beginning from Segment C at NE. 12th Street. Alternatives follow Bel-Red Road, SR 520, or along a new corridor aligned with NE. 16th Avenue Street. In the eastern half of Segment D, route alternatives may also follow 136th Place NE. and NE. 20th Street. Alternatives then turn north along 151st Place NE, 152nd Avenue NE., or SR 520 and follow SR 520 to Overlake Transit Center. Segment E: Overlake Transit Center to Redmond All route options in Segment E follow SR 520 diverging to serve downtown Redmond. Three alternatives utilize the BNSF railroad corridor through downtown Redmond, accessing it from West Lake Sammamish Parkway and Redmond Way, Leary Way, or near the SR 202 and SR 520 interchange. A fourth route option veers east from SR520 toward NE. 72nd Street to Bear Creek Parkway, crossing Redmond Way to the Bear Creek Park and Ride via Avondale Road NE. Two of the BNSF corridor alternatives continue to the east along the corridor past the Redmond Town Center ending near NE. 70th Street and 176th Avenue NE. The route from the SR 202 interchange heads west along the BNSF corridor and then turns north at 161st Avenue NE. to the Redmond Park and Ride at NE. 83rd Street. Potential project termini include Bellevue near Overlake Hospital and Redmond at either the Overlake Transit Center or downtown Redmond, depending upon project cost and available funding. The EIS Process and Role of Participating Agencies and the Public The purpose of the EIS process is to explore, in a public setting, potentially significant effects of implementing the proposed action and alternatives on the physical, human, and natural environment. Areas of investigation include, but are not limited to, transportation, land use, development potential, land acquisition and displacements, historic resources, visual and aesthetic qualities, air quality, noise and vibration, energy use, safety and security, and ecosystems, including threatened and endangered species. These effects will be evaluated for both the construction period and the long-term period of operation. Cumulative impacts will also be evaluated. Measures to avoid, minimize, or mitigate significant adverse impacts will be identified. Regulations implementing NEPA, as well as provisions of the recently enacted Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), call for public involvement in the EIS process. Section 6002 of SAFETEA-LU requires that this agency:

(1)Extend an invitation to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project to become “participating agencies,”

(2)provide an opportunity for involvement by participating agencies and the public in helping to define the purpose and need for a proposed project, as well as the range of alternatives for consideration in the impact statement, and

(3)establish a plan for coordinating public and agency participation in and comment on the environmental review process. This notice of intent constitutes an invitation to other Federal and non-Federal agencies and Indian tribes that may have an interest in the proposed project to become a participating agency in the environmental review process. It is also an invitation for public and agency involvement. A public and agency involvement Coordination Plan will be created. The program will include a project Web site; outreach to local jurisdictions and community and civic groups through a variety of methods; a public scoping process to define the issues of concern among all parties interested in the project; a public hearing on release of the draft environmental impact statement; and development and distribution of project fact sheets. In accordance with 23 CFR 771.105(a) and 771.133, FTA will comply with all Federal environmental laws, regulations, and executive orders applicable to the proposed project during the environmental review process to the maximum extent practicable. These requirements include, but are not limited to, the regulations of the Council on Environmental Quality and FTA implementing NEPA (40 CFR parts 1500-1508, and 23 CFR Part 771), the project-level air quality conformity regulation of the U.S. Environmental Protection Agency

(EPA)(40 CFR part 93), the Section 404(b)(1) guidelines of EPA (40 CFR part 230), the regulation implementing Section 106 of the National Historic Preservation Act (36 CFR Part 800), the regulation implementing section 7 of the Endangered Species Act (50 CFR part 402), Section 4(f) of the DOT Act (23 CFR 771.135), and Executive Orders 12898 on environmental justice, 11988 on floodplain management, and 11990 on wetlands. Scoping The FTA and Sound Transit invite comments from interested individuals, organizations, and Federal, state, regional and local agencies for a period of 30 days after publication of this notice. Comments should focus on defining the alternatives within the corridor to be evaluated in the EIS; identifying any significant environmental issues related to the alternatives; and the preliminary purpose and need statement as noted here. Additional reasonable alternatives suggested during the scoping process, including those involving other transit modes or route alignments, will be considered. An Environmental Scoping Information Report describing the project, the proposed preliminary alternatives and station locations, the impact areas to be evaluated, and the preliminary EIS schedule has been prepared. The Environmental Scoping Information Report also includes the preliminary purpose and need statement, which is summarized in this notice, as well as a summary of the project's planning history. You may request a copy of the Environmental Scoping Information Report by contacting Brooke Belman, Sound Transit, 401 S. Jackson Street, Seattle, WA 98104-2826, Telephone:

(206)398-5238, or E-mail: belmanb@soundtransit.org. A copy of the report is also available at Sound Transit's Web site at http://www.soundtransit.org. A more detailed report on the project's planning history, including public and agency outreach efforts, East Corridor High Capacity Transit Mode Analysis History (July 2006) is also available upon request, at local libraries, and on the Sound Transit Web site. *Comments:* Written comments may be submitted to James Irish, Sound Transit Link Environmental Manager, at the address given above by October 2, 2006. Written comments may be made at the public scoping meetings. In addition, a stenographer will be available at the public scoping meetings to record oral comments. The dates and addresses of the scoping meetings are given in the DATES and ADDRESSES sections above. Issued on: August 15, 2006. R. F. Krochalis, Regional Administrator, Region X, Federal Transit Administration. [FR Doc. E6-13896 Filed 8-21-06; 8:45 am] BILLING CODE 4910-57-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34890; STB Finance Docket No. 34922] PYCO Industries, Inc.—Feeder Line Application—Lines of South Plains Switching, Ltd. Co.; Keokuk Junction Railway Co.—Feeder Line Application—Lines of South Plains Switching, Ltd. Co. AGENCY: Surface Transportation Board, DOT. ACTION: Acceptance of feeder line application and setting of procedural schedule. SUMMARY: The Board accepts the application of PYCO Industries, Inc.

(PYCO)to purchase the entirety of the rail lines of South Plains Switching, Ltd. Co.

(SAW)in Lubbock, TX, as complete under 49 U.S.C. 10907 and 49 CFR 1151. The Board also sets a procedural schedule, including the date for the filing of competing feeder line applications to purchase the entirety of SAW's rail lines. DATES: Competing feeder line applications are due September 6, 2006. ADDRESSES: Send an original and 10 copies of any competing application, conforming to the information requirements at 49 CFR 1151.3(a), to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of any competing application must be served on: PYCO's representative, Charles H. Montange, 426 NW. 162nd Street, Seattle, WA 98177; KJRY's representative, William A. Mullins, Baker & Miller PLLC, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, DC 20037; and SAW's representative, Thomas F. McFarland, 208 South LaSalle Street, Suite 1890, Chicago, IL 60604-1112. FOR FURTHER INFORMATION CONTACT: Eric S. Davis,

(202)565-1608. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at 1-800-877-8339.] SUPPLEMENTARY INFORMATION: Additional information is contained in the Board's decision. To purchase a copy of the full decision, write to, e-mail, or call: ASAP Document Solutions, 9332 Annapolis Rd., Suite 103, Lanham, MD 20607; e-mail: *asapdc@verizon.net* ; telephone:

(202)306-4004. [Assistance for the hearing impaired is available through FIRS at 1-800-877-8339.] Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: August 16, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-13898 Filed 8-21-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34872] Dakota, Minnesota & Eastern Railroad Corporation and Cedar American Rail Holdings, Inc.—Intra-Corporate Family Transaction Exemption—Wyoming Dakota Railroad Properties, Inc. Dakota, Minnesota & Eastern Railroad Corporation (DM&E) and its subsidiary, Cedar American Rail Holdings, Inc, (CARH), have jointly filed a verified notice of exemption under 49 CFR 1180.2(d)(3) for a transaction within a corporate family. In a concurrently filed verified notice of exemption in STB Finance Docket No. 34871, Wyoming Dakota Railroad Properties, Inc. (WDR), a newly created subsidiary of CAHR, seeks authority to acquire DM&E's Board issued authority to construct and operate 1 some 280 miles of rail line. The instant notice of exemption will allow DM&E and CARH to continue in control of WDR once the new entity acquires DM&E's construction authority and becomes a rail carrier. 2 1 *See Dakota, MN & Eastern R.—Construction—Powder River Basin* , 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and *Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin* , STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 CAHR currently controls a rail carrier, Iowa, Chicago & Eastern Railroad Corporation. The parties had intended to consummate the transaction on June 20, 2006, the date the authority sought in STB Finance Docket No. 34871 was to became effective. However, in a decision served on June 19, 2006, the effective date of the two exemptions was stayed so that the Board could consider issues raised by various parties filing petitions to revoke/reject the exemption sought in STB Finance Docket No. 34871. The Board, among other things, lifted the stay and denied the petitions to reject/revoke the other exemption in a decision served on August 14, 2006, and effective on August 24, 2006. As a result of that decision, the exemption will become effective on August 24, 2006. The transaction sought in this exemption will be consummated when the transaction sought in STB Finance Docket No. 34871 is consummated. The purpose of the substitution and continuance in control transactions is to create options to facilitate financing of the construction project and to insulate DM&E's shareholders from the risk associated with that project. This is a transaction within a corporate family of the type exempted from prior review and approval under 49 CFR 1180.2(d)(3). The parties state that the transaction will not result in adverse changes in service levels, significant operational changes, or any change in the competitive balance with carriers outside the corporate family. As a condition to use of this exemption, any employees adversely affected by the transaction will be protected by the conditions set forth in *New York Dock Ry.—Control—Brooklyn Eastern Dist.* , 360 I.C.C. 60 (1979). If the notice contains false or misleading information, the exemption is void *ab initio.* Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34872, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov.* Decided: August 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-13753 Filed 8-21-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34871] Wyoming Dakota Railroad Properties, Inc.—Acquisition and Operation Exemption—Dakota, Minnesota & Eastern Railroad Corporation Wyoming Dakota Railroad Properties, Inc. (WDR), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 and 49 CFR 1150.35 to acquire the authority granted to Dakota, Minnesota & Eastern Railroad Corporation (DM&E) to construct and operate some 280 miles of rail line. 1 Specifically, the lines authorized for construction and operation include:

(1)A 262.03-mile rail line extending from a point near Wasta, SD, to connect with 11 coal mines located south of Gillette, WY, in the Powder River Basin;

(2)a 13.31-mile rail line in the Mankato, MN area; and

(3)a 2.94-mile rail line near Owatonna, MN. 2 1 *See Dakota, MN & Eastern R.—Construction—Powder River Basin* , 3 S.T.B. 847 (1998), 6 S.T.B. 8 (2002), and *Dakota, Minnesota & Eastern Railroad Corporation Construction into the Powder River Basin* , STB Finance Docket No. 33407 (STB served Feb. 15, 2006). 2 WDR notes that once constructed, it or another rail carrier in the DM&E corporate family will operate the new lines. It states that in the latter circumstance, the operator will seek separate and appropriate Board authority prior to the commencement of rail service. WDR explains that, should WDR operate on the newly constructed lines, it and DM&E expect to exchange trains and change crews at Middle West Staging and Marshaling Yard at Wall, SD. The Mankato line and Owatonna line would likely be operated by DM&E pursuant to a separate lease or trackage rights arrangement with WDR. WDR is a newly created subsidiary of Cedar American Rail Holdings, Inc. (CARH), a subsidiary of DM&E. 3 WDR explains that utilizing a separate company from DM&E to build and operate the new rail lines will enhance financing options for the project and create options to limit the risk to DM&E's shareholders. The subsidiary further explains that substituting it for DM&E will not alter the nature, effect, or implementation of the construction project as previously considered and approved by the Board. Moreover, WDRPI claims that it will comply with all environmental conditions and other legal requirements pertaining to the construction. 3 Concurrently, CAHR and DM&E have jointly filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(3) in STB Finance Docket No. 34872 to continue in control of WDR once WDR becomes a rail carrier. CAHR currently controls a Class II rail carrier, Iowa, Chicago & Eastern Railroad Corporation. Pursuant to 49 CFR 1150.35(a), a noncarrier must comply with the notice requirements of 49 CFR 1150.32(e). The Board granted WDR's petition for waiver of these requirements in a decision served on August 14, 2006, and effective on August 24, 2006. In that same decision, the Board denied petitions for revocation of this exemption and lifted a June 19, 2006 housekeeping stay of the effectiveness of the instant exemption and the exemption sought in STB Finance Docket No. 34872. Although the instant exemption will thus be effective on August 24, 2006, WDR expects to commence construction of the subject rail line upon finalization of financing arrangements, and to commence operations on the line during 2009. If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34871, must be filed with the Surface Transportation Board, 1925 K Street NW., Washington, DC 20423-0001. In addition, one copy of each pleading must be served on William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: August 15, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-13774 Filed 8-21-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Additional Designation of Individuals Pursuant to Executive Order 13338 AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Notice. SUMMARY: The Treasury Department's Office of Foreign Assets Control (“OFAC”) is publishing the names of two newly designated individuals whose property and interests in property are blocked pursuant to Executive Order 13338 of May 11, 2004, “Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria.” DATES: The designation by the Secretary of the Treasury of the two individuals identified in this notice pursuant to Executive Order 13338 is effective on August 15, 2006. FOR FURTHER INFORMATION CONTACT: Assistant Director, Compliance Outreach & Implementation, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220, tel.: 202/622-2490. SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC's Web site( *http://www.treas.gov/ofac* ) or via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-0077. Background On May 11, 2004, the President issued Executive Order 13338 (the “Order”) pursuant to the International Emergency Economic Powers Act, 50 U.S.C. 1701 *et seq.* , the National Emergencies Act, 50 U.S.C. 1601 *et seq.* , the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003, Public Law 108-175, and section 301 of title 3, United States Code. In the Order, the President declared a national emergency to address the threat posed by the actions of the Government of Syria in supporting terrorism, continuing its occupation of Lebanon, pursuing weapons of mass destruction and missile programs, and undermining the United States and international efforts with respect to the stabilization and reconstruction of Iraq. Section 3 of the Order blocks, with certain exceptions, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons: Persons who are determined by the Secretary of the Treasury, in consultation with the Secretary of State,

(1)to be or to have been directing or otherwise significantly contributing to the Government of Syria's provision of safe haven to or other support for any person whose property or interests in property are blocked under the United States law for terrorism-related reasons;

(2)to be or to have been directing or otherwise significantly contributing to the Government of Syria's military or security presence in Lebanon;

(3)to be or to have been directing or otherwise significantly contributing to the Government of Syria's pursuit of the development and production of chemical, biological, or nuclear weapons and medium- and long-range surface-to-surface missiles;

(4)to be or to have been directing or otherwise significantly contributing to any steps taken by the Government of Syria to undermine the United States and international efforts with respect to the stabilization and reconstruction of Iraq; or

(5)to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property or interests in property are blocked pursuant to the Order. On August 15, 2006, the Secretary of the Treasury, in consultation with the Secretary of State, designated, pursuant to one or more of the criteria set forth in the Order, two individuals whose property and interests in property are blocked pursuant to Executive Order 13338. The list of additional designees is as follows: 1. Ikhtiyar, Hisham (a.k.a. Al Ikhteyar, Hisham; a.k.a. Al Ikhtiyar, Hisham; a.k.a. Al-Ikhtiyar, Hisham; a.k.a. Al-Ikhtiyar, Hisham Ahmad; a.k.a. Bakhtiar, Hisham; a.k.a. Bakhtiyar, Hisham; a.k.a. Ichtijar, Hisham; a.k.a. Ikhteyar, Hisham), Maliki, Damascus, Syria; DOB 1941; Major General; Director, Syria Ba'ath Party Regional Command National Security Bureau 2. Jami Jami (a.k.a. Jama' Jama'; a.k.a. Jamea, Jamea Kamil; a.k.a. Jam'i Jam'i); DOB 16 Jun 1954; POB Jablah, Zama, Syria; Brigadier General Dated: August 15, 2006. Barbara C. Hammerle, Acting Director, Office of Foreign Assets Control. [FR Doc. E6-13810 Filed 8-21-06; 8:45 am] BILLING CODE 4811-37-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0176] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs

(VA)is announcing an opportunity for public comment on the proposed collection of information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed to monitor claimants' training progress towards their rehabilitation goals. DATES: Written comments and recommendations on the proposed collection of information should be received on or before October 23, 2006. ADDRESSES: Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Please refer to “OMB Control No. 2900-0176” in any correspondence. FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at

(202)273-7079 or FAX

(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501—3521), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct or sponsor. This request for comment is being made pursuant to Section 3506(c)(2)(A) of the PRA. With respect to the following collection of information, VBA invites comments on:

(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;

(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Monthly Record of Training and Wages, VA Form 28-1905c. *OMB Control Number:* 2900-0176. *Type of Review:* Extension of a currently approved collection. *Abstract:* On-job trainers use VA Form 20-1905c to maintain accurate records on a trainee's progress toward their rehabilitation goals as well as recording the trainee's on-job training monthly wages. Trainers report these wages on the form at the beginning of the program and at any time the trainee's wage rate changes. Following a trainee's completion of a vocational rehabilitation program, the form is submitted to the trainee's case manager to monitor the trainee's training and to ensure that the trainee is progressing and learning the skills necessary to carry out the duties of his or her occupational goal. *Affected Public:* Individuals or households, business or other for-profit, not-for-profit institutions, farms, and state, local or tribal government. *Estimated Annual Burden:* 3,000 hours. *Estimated Average Burden Per Respondent:* 15 minutes. *Frequency of Response:* Three times a year. *Estimated Number of Respondents:* 4,800. Dated: August 14, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13912 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0572] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Veterans Benefits Administration (VBA), Department of Veterans Affairs

(VA)is announcing an opportunity for public comment on the proposed collection of information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine the monetary allowance for children of a Vietnam and Korea service veteran born with spina bifida or birth defects. DATES: Written comments and recommendations on the proposed collection of information should be received on or before October 23, 2006. ADDRESSES: Submit written comments on the collection of information to Nancy J. Kessinger, Veterans Benefits Administration (20M35), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Please refer to “OMB Control No. 2900-0572” in any correspondence. FOR FURTHER INFORMATION CONTACT: Nancy J. Kessinger at

(202)273-7079 or FAX

(202)275-5947. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility;

(2)the accuracy of VBA's estimate of the burden of the proposed collection of information;

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* Application for Benefits for Certain Children with Disabilities Born of Vietnam, VA Form 21-0304. *OMB Control Number:* 2900-0572. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 21-0304 is used to gather the necessary information to determine a claimant's eligibility for a monetary allowance and appropriate level of payment. Under title 38 U.S.C. 1815, Children of Women Vietnam Veterans Born with Certain Birth Defects, authorizes payment of monetary benefits to, or on behalf of, certain children of female veterans who served in Republic of Vietnam. To be eligible, the child must be the biological child; conceived after the date the veteran first served in Vietnam during the period February 28, 1961 to May 7, 1975; and have certain birth defects resulting in permanent physical or mental disability. Under title 38 U.S.C. 1805, Spina Bifida Benefits Eligibility, authorizes payment to a spina bifida child-claimant of parent(s) who performed active military, naval, or air service during the Vietnam era during the period January 9, 1962 to May 7, 1975. The child must be the natural child of a Vietnam veteran, regardless of age or marital status, who was conceived after the date on which the veteran first entered the Republic of Vietnam during the Vietnam era. Spina Bifida benefits are payable for all types of spina bifida except spina bifida occulta. The law does not allow payment of both benefits at the same time. If entitlement exists under both laws, benefits will be paid under 38 U.S.C. 1815. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 72 hours. *Estimated Average Burden Per Respondent:* 10 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 430. Dated: August 14, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13913 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0524] Proposed Information Collection Activity: Proposed Collection; Comment Request AGENCY: Office of Policy, Planning and Preparedness, Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Office of Policy, Planning and Preparedness (OPP&P), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act

(PRA)of 1995, Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of a currently approved collection of information, and allow 60 days for public comment in response to the notice. This notice solicits comments on information needed to determine an applicant's qualification and suitability as a VA police officer. DATES: Written comments and recommendations on the proposed collection of information should be received on or before October 23, 2006. ADDRESSES: Submit written comments on the collection of information to Christopher Price, Office of Policy, Planning and Preparedness (07A), Department of Veterans Affairs, 4300 West 7th Street, Little Rock, AR 72205 or e-mail *Christopher.Price@va.gov* . Please refer to “OMB Control No. 2900-0524” in any correspondence. FOR FURTHER INFORMATION CONTACT: Christopher Price at

(501)257-4160. SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-3521), Federal agencies must obtain approval from the Office of Management and Budget

(1)Whether the proposed collection of information is necessary for the proper performance of VA's functions, including whether the information will have practical utility;

(2)the accuracy of VA's estimate of the burden of the proposed collection of information;

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology. *Title:* VA Police Officer Pre-Employment Screening Checklist. *OMB Control Number:* 2900-0524. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA personnel use the form to document pre-employment history and conduct background checks on applicants seeking employment as VA police officers. VA will use the data collected to determine the applicant's qualification and suitability to be hire as a VA police officer. *Affected Public:* State, Local, or Tribal Government. *Estimated Total Annual Burden:* 250 hours. *Estimated Average Burden Per Respondent:* 10 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* 1,500. Dated: August 10, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13914 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0554] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Health Administration (VHA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before September 21, 2006. *For Further Information or a Copy of the Submission Contact:* Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)565-8374, Fax

(202)565-7045 or e-mail: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0554.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503

(202)395-7316. Please refer to “OMB Control No. 2900-0554” in any correspondence. SUPPLEMENTARY INFORMATION: *Titles:* a. Homeless Providers Grant and Per Diem Program, Capital Grant Application, VA Form 10-0361-CG. b. Homeless Providers Grant and Per Diem Program, Life Safety Code Application, VA Form 10-0361-LSC. c. Homeless Providers Grant and Per Diem Program, Per Diem Only Application, VA Form 10-0361-PDO. d. Homeless Providers Grant and Per Diem Program, Special Needs Application, VA Form 10-0361-SN. e. Compliance Reports for Per Diem and Special Needs Grants. No form needed. May be reported to VA in standard business narrative. f. Homeless Providers Grant and Per Diem Program, Technical Assistance Application, VA Form 10-0361-TA. g. Compliance Reports for Technical Assistance Grants. No form needed. May be reported to VA in standard business narrative. *OMB Control Number:* 2900-0554. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA Form 10-0361 series, Homeless Providers Grant and Per Diem Program, will be used to evaluate applicants eligibility to receive a grant and/or per diem payments which provide supportive housing and services to assist homeless veterans transition to independent living. VA will use the data to apply specific criteria to rate and evaluate each application; and to obtain information necessary to ensure that Federal funds are awarded to applicants who are financially stable and who will conduct the program for which a grant and/or per diem award was made. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 20, 2006 at pages 20438-20439. *Affected Public:* Not-for-Profit Institutions, State, Local or Tribal Government. *Estimated Annual Burden:* 14,340 hours. a. Homeless Providers Grant and Per Diem Program, Capital Grant Application, VA Form 10-0361-CG—3,500 hours. b. Homeless Providers Grant and Per Diem Program, Life Safety Code Application, VA Form 10-0361-LSC—2,000 hours. c. Homeless Providers Grant and Per Diem Program, Per Diem Only Application, VA Form 10-0361-PDO—3,000 hours. d. Homeless Providers Grant and Per Diem Program, Special Needs Application, VA Form 10-0361-SN—4,000 hours. e. Compliance Reports for Per Diem and Special Needs Grants—1,500 hours. f. Homeless Providers Grant and Per Diem Program, Technical Assistance Application, VA Form 10-0361-TA —250 hours. g. Compliance Reports for Technical Assistance Grants—90 hours. *Estimated Average Burden Per Respondent:* a. Homeless Providers Grant and Per Diem Program, Capital Grant Application, VA Form 10-0361-CG—35 hours. b. Homeless Providers Grant and Per Diem Program, Life Safety Code Application, VA Form 10-0361-LSC—10 hours. c. Homeless Providers Grant and Per Diem Program, Per Diem Only Application, VA Form 10-0361-PDO—20 hours. d. Homeless Providers Grant and Per Diem Program, Special Needs Application, VA Form 10-0361-SN—20 hours. e. Compliance Reports for Per Diem and Special Needs Grants—5 hours. f. Homeless Providers Grant and Per Diem Program, Technical Assistance Application, VA Form 10-0361-TA —10 hours. g. Compliance Reports for Technical Assistance Grants—2.25 hours. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 1,015. a. Homeless Providers Grant and Per Diem Program, Capital Grant Application, VA Form 10-0361-CG—100. b. Homeless Providers Grant and Per Diem Program, Life Safety Code Application, VA Form 10-0361-LSC—200. c. Homeless Providers Grant and Per Diem Program, Per Diem Only Application, VA Form 10-0361-PDO—150. d. Homeless Providers Grant and Per Diem Program, Special Needs Application, VA Form 10-0361-SN—200. e. Compliance Reports for Per Diem and Special Needs Grants—300. f. Homeless Providers Grant and Per Diem Program, Technical Assistance Application, VA Form 10-0361-TA —25. g. Compliance Reports for Technical Assistance Grants—40. Dated: August 10, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13915 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0160] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Health Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before September 21, 2006. *For Further Information or a Copy of the Submission Contact:* Denise McLamb, Information Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)565-8374, Fax

(202)565-7045 or e-mail to: *denise.mclamb@mail.va.gov* . Please refer to “OMB Control No. 2900-0160.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503,

(202)395-7316. Please refer to “OMB Control No. 2900-0160” in any correspondence. SUPPLEMENTARY INFORMATION: *Titles:* a. State Home Inspection Staffing Profile, VA Form 10-3567. b. State Home Report and Statement of Federal Aid Claimed, VA Form 10-5588. c. State Home Program Application for Veteran Care—Medical Certification, VA Form 10-10SH. d. Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals, VA Form 10-0143. e. Statement of Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, VA Form 10-0143a. f. Certification Regarding Lobbying, VA Form 10-0144. g. Statement of Assurance of Compliance with Equal Opportunity Laws, VA Form 10-0144a. h. Title 38, CFR Parts 51 and 52, State Home Programs. *OMB Control Number:* 2900-0160. *Type of Review:* Extension of a currently approved collection. *Abstract:* VA pays per diem to State homes providing nursing home and adult day health care services to eligible veterans. Facilities providing nursing home and adult day health care services must furnish an application for recognition based on certification; appeal information, application and justification for payment; records and reports which facility management must maintain regarding activities of residents or participants; information relating to whether the facility meets standards concerning residents' rights and responsibilities prior to admission or enrollment, during admission or enrollment, and upon discharge; the records and reports which facilities management and health care professionals must maintain regarding residents or participants and employees; documents pertaining to the management of the facilities; food menu planning; pharmaceutical records; and life safety documentation. This information is necessary to ensure that VA per diem payments are limited to facilities providing high quality care to veterans. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on May 10, 2006, at pages 27319-27320. *Affected Public:* State, Local or Tribal Government, Individuals or households, and Not for profit institutions. *Estimated Total Annual Burden:* a. State Home Inspection Staffing Profile, VA Form 10-3567—90 hours. b. State Home Report and Statement of Federal Aid Claimed, VA Form 10-5588—1,080 hours. c. State Home Program Application for Veteran Care—Medical Certification, VA Form 10-10SH—10,566 hours. d. Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals, VA Form 10-0143—15 hours. e. Statement of Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, VA Form 10-1043a—15 hours. f. Certification Regarding Lobbying, VA Form 10-0144—15 hours. g. Statement of Assurance of Compliance with Equal Opportunity Laws, VA Form 10-0144a—15 hours. h. Title 38, CFR Parts 51 and 52, State Home Programs—3,739 hours. *Estimated Average Burden Per Respondent:* a. State Home Inspection Staffing Profile, VA Form 10-3567—30 minutes. b. State Home Report and Statement of Federal Aid Claimed, VA Form 10-5588—30 minutes. c. State Home Program Application for Veteran Care—Medical Certification, VA Form 10-10SH—30 minutes. d. Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals, VA Form 10-0143—5 minutes. e. Statement of Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, VA Form 10-1043a—5 minutes. f. Certification Regarding Lobbying, VA Form 10-0144—5 minutes. g. Statement of Assurance of Compliance with Equal Opportunity Laws, VA Form 10-0144a—5 minutes. h. Title 38, CFR Parts 51 and 52, State Home Programs—7 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* a. State Home Inspection Staffing Profile, VA Form 10-3567—180. b. State Home Report and Statement of Federal Aid Claimed, VA Form 10-5588—180. c. State Home Program Application for Veteran Care—Medical Certification, VA Form 10-10SH—21,132. d. Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals, VA Form 10-0143—180. e. Statement of Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, VA Form 10-1043a—180. f. Certification Regarding Lobbying, VA Form 10-0144—180. g. Statement of Assurance of Compliance with Equal Opportunity Laws, VA Form 10-0144a—180. h. Title 38, CFR Parts 51 and 52, State Home Programs—22,926. *Estimated Total Annual Responses:* a. State Home Inspection Staffing Profile, VA Form 10-3567—180. b. State Home Report and State of Federal Aid Claimed, VA Form 10-5588—2,160. c. State Home Program Application for Veteran Care—Medical Certification, VA Form 10-10SH—21,132. d. Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals, VA Form 10-0143—180. e. Statement of Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973, VA Form 10-1043a—180. f. Certification Regarding Lobbying, VA Form 10-0144—180. g. Statement of Assurance of Compliance with Equal Opportunity Laws, VA Form 10-0144a—180. h. Title 38, CFR Parts 51 and 52, State Home Programs—23,466. Dated: August 8, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13918 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0113] Agency Information Collection Activities Under OMB Review AGENCY: Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-21), this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and includes the actual data collection instrument. DATES: Comments must be submitted on or before September 21, 2006. *For Further Information or a Copy of the Submission Contact:* Denise McLamb, Information Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)565-8374 or Fax

(202)565-7045 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0113.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503,

(202)395-7316. Please refer to “OMB Control No. 2900-0564” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Application for Fee or Roster Personnel Designation, VA Form 26-6681. *OMB Control Number:* 2900-0113. *Type of Review:* Revision of a currently approved collection. *Abstract:* Applicants complete VA Form 26-6681 to apply for a position as a designate fee appraiser or compliance inspector. VA will use the data collected to determine the applicant's experience in the real estate valuation field. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on March 28, 2006, at page 15516-15517. *Affected Public:* Individuals or households. *Estimated Annual Burden:* 2,067 hours. *Estimated Average Burden Per Respondent:* 30 minutes. *Frequency of Response:* One-time. *Estimated Number of Respondents:* 6,200. Dated: August 7, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Information Management Service. [FR Doc. E6-13920 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0042] Agency Information Collection Activities Under OMB Review AGENCY: Board of Veterans' Appeal, Department of Veterans Affairs. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act

(PRA)of 1995 (44 U.S.C. 3501-21.), this notice announces that the Board of Veterans' Appeal (BVA), Department of Veterans Affairs, has submitted the collection of information abstracted below to the Office of Management and Budget

(OMB)for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden; it includes the actual data collection instrument. DATES: Comments must be submitted on or before September 21, 2006. FOR FURTHER INFORMATION CONTACT: Denise McLamb, Records Management Service (005G2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420,

(202)565-8374, Fax

(202)565-7045 or e-mail: *denise.mclamb@mail.va.gov.* Please refer to “OMB Control No. 2900-0042.” Send comments and recommendations concerning any aspect of the information collection to VA's OMB Desk Officer, OMB Human Resources and Housing Branch, New Executive Office Building, Room 10235, Washington, DC 20503,

(202)395-7316. Please refer to “OMB Control No. 2900-0042” in any correspondence. SUPPLEMENTARY INFORMATION: *Title:* Statement of Accredited Representative in Appealed Case, VA Form 646. *OMB Control Number:* 2900-0042. *Type of Review:* Extension of a currently approved collection. *Abstract:* A recognized organization, attorney, agent, or other authorized person representing VA claimants before the Board of Veterans' Appeals complete VA Form 646 to provide identifying data describing the basis for their claimant's disagreement with the denial of VA benefits. VA uses the data collected to identify the issues in dispute and to prepare a decision responsive to the claimant's disagreement. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The **Federal Register** Notice with a 60-day comment period soliciting comments on this collection of information was published on April 6, 2006, at pages 17563-17564. *Affected Public:* Not for profit institutions. *Estimated Total Annual Burden:* 30,462 hours. *Estimated Average Burden Per Respondent:* 60 minutes. *Frequency of Response:* On occasion. *Estimated Number of Respondents:* 30,462. Dated: August 7, 2006. By direction of the Secretary. Denise McLamb, Program Analyst, Records Management Service. [FR Doc. E6-13923 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS Medicare-Equivalent Remittance Advice; Use by the Department of Veterans Affairs AGENCY: Department of Veterans Affairs. ACTION: Notice. SUMMARY: The Department of Veterans Affairs

(VA)is making a change in its procedures for seeking reimbursement from third-party insurers for certain medical care and services provided to Medicare-eligible veterans for nonservice-connected disabilities, to add a Medicare-equivalent remittance advice

(MRA)as an attachment to each bill for such care and services provided by VA, with the exception of those services noted in the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: Barbara C. Mayerick, VHA Chief Business Office (161), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420, Telephone:

(202)254-0337. (This is not a toll free number.) DATES: *Effective:* August 22, 2006. SUPPLEMENTARY INFORMATION: Section 1729, Title 38, United States Code, is VA's authority to seek reimbursement from third-party insurers, including Medigap and other Medicare supplemental insurers, for the cost of medical care or services furnished to veterans for nonservice-connected disabilities as described below. Section 17.101 of title 38 of the Code of Federal Regulations sets forth VA's methodology for “reasonable charges” for medical care or services provided or furnished by VA to a veteran for nonservice-connected disabilities: —For a nonservice-connected disability for which the veteran is entitled to care (or the payment of expenses of care) under a health plan contract; —For a nonservice-connected disability incurred incident to the veteran's employment and covered under a workers' compensation law or plan that provides reimbursement or indemnification for such care and services; or —For a nonservice-connected disability incurred as a result of a motor vehicle accident in a State that requires automobile accident insurance in a State that requires automobile reparations insurance. VA has entered into an interagency agreement

(IA)with the Centers for Medicare and Medicaid Services

(CMS)which allows VA to work with the CMS fiscal intermediary and carrier, currently TrailBlazer Health Enterprises (TrailBlazer), in processing VA claims on a no-pay basis and produce Medicare-equivalent Remittance Advice

(MRA)notices for the cost of medical care furnished to Medicare-eligible veterans for nonservice-connected treatment. The MRA reflects the payment that Medicare would have made, along with the deductible and coinsurance amounts applicable, for an equivalent service rendered by a Medicare provider. VA's bills are processed according to Medicare's coverage and payment policies, as well as claims processing guidelines and timeframes. Supplemental insurers will use this information to reimburse the VA coinsurance and deductible amounts they would have paid had the claims been payable by Medicare. VA attaches the MRA provided by TrailBlazer to VA's secondary claim and both are submitted to the Medigap or other Medicare supplemental insurer either via the standard 837 transaction or via a print/mail function at the clearinghouse. The attachment of the MRA to VA's bills submitted to Medigap or other Medicare supplemental insurers will improve VA's collection from these insurers. The MRA will correct the practice of overstating VA's outstanding accounts receivable by recording the expected supplemental payment rather than 100 percent of VA's billed charges. The submission of the MRA with a claim to Medigap or other Medicare supplemental insurers is expected to reduce the number of denials VA receives from supplemental insurers, since it will be obvious from the bill and the MRA that VA intends to collect only the supplemental payment. Effective August 22, 2006, with the exception of the following services, all VA Medical Centers will submit an MRA along with bills to Medigap or other Medicare supplemental insurers: √ Claim type Reason for exclusion 1 Purchased Services (fee-basis, contracted out) Centers for Medicare and Medicaid

(CMS)and VA policy differences. 2 Mammography Services CMS and VA policy differences. 3 Institutional (Part A) Adjustments Updates in process: Expected to be included October 2006. 4 Skilled Nursing Facilities

(SNF)Not currently covered by CMS/VA Interagency Agreement. 5 Ambulance CMS and VA policy differences. 6 Rehab Services Not currently covered by CMS/VA Interagency Agreement. 7 Professional (Part B) Durable Medical Equipment

(DME)and Prosthetics & Orthotics (P&O) Not currently covered by CMS/VA Interagency Agreement. 8 Hospice/Respite Care Not currently covered by CMS/VA Interagency Agreement. 9 Home Health Care

(HHC)Not currently covered by CMS/VA Interagency Agreement. 10 Maintenance/Routine Dialysis Not currently covered by CMS/VA Interagency Agreement. 11 Patients with Medicare Health Maintenance Organization

(HMO)Policies Not currently covered by CMS/VA Interagency Agreement. 12 Independent Laboratories Not currently covered by CMS/VA Interagency Agreement. 13 Ambulatory Surgical Centers Not currently covered by CMS/VA Interagency Agreement. VA continues to work with CMS to add these claim types to our program; in the interim, we expect that all Medicare supplemental insurers will continue to process these claims for payment under their previous methodology and based on the provisions of 38 U.S.C. 1729. Authority: 38 U.S.C. 1729. Approved: August 10, 2006. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. [FR Doc. E6-13801 Filed 8-21-06; 8:45 am] BILLING CODE 8320-01-P DEPARTMENT OF VETERANS AFFAIRS Advisory Committee on CARES Business Plan Studies; Notice of Meeting The Department of Veterans Affairs

(VA)gives notice under the Public Law 92-463 (Federal Advisory Committee Act) that the Advisory Committee on CARES Business Plan Studies will meet on Friday, September 8, 2006, from 9 a.m. until 3 p.m., in the Dining Room of the Nursing Home Care Unit, Building 90, VA Palo Alto Health Care System, 4951 Arroyo Road, Livermore, CA. The meeting is open to the public. The purpose of the Committee is to provide advice to the Secretary of Veterans Affairs on proposed business plans at those VA facility sites identified in May 2004 as requiring further study by the Capital Asset Realignment for Enhanced Services (CARES) Decision document. The objectives of the Local Advisory Panel meeting are to communicate the Secretary's decision on the specific options to be evaluated and the timeframe for the completion of the study. Additional presentations will focus on the VA-selected contractor's methodology and tools to evaluate the remaining options. The agenda will also accommodate public commentary on implementation issues associated with each option. Interested persons may attend and present oral or written statements to the Committee. For additional information regarding the meeting, please contact Mr. Jay Halpern, Designated Federal Officer, (00CARES), 810 Vermont Avenue, NW., Washington, DC 20024, by phone at

(202)273-5994, or by e-mail at *jay.halpern@hq.med.va.gov.* Dated: August 11, 2006. By Direction of the Secretary. E. Philip Riggin, Committee Management Officer. [FR Doc. 06-7075 Filed 8-21-06; 8:45 am]

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