Notices. Proposed Consent Agreement
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/register/2006/08/25/06-7134A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6750-01-M FEDERAL TRADE COMMISSION [File No. 051 0108] Dan L. Duncan, et al.; Analysis of Proposed Agreement Containing Consent Order To Aid Public Comment AGENCY: Federal Trade Commission. ACTION: Proposed Consent Agreement. SUMMARY: The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations.
DATES: Comments must be received on or before September 18, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “Dan L. Duncan, *et al.* , File No. 051 0108,” to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 135-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
Comments containing confidential material must be filed in paper form, must be clearly labeled “Confidential,” and must comply with Commission Rule 4.9(c). 16 CFR 4.9(c) (2005). 1 The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Comments that do not contain any nonpublic information may instead be filed in electronic form as part of or as an attachment to email messages directed to the following e-mail box: *consentagreement@ftc.gov* . 1 The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record.
The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. *See* Commission Rule 4.9(c), 16 CFR 4.9(c). The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. All timely and responsive public comments, whether filed in paper or electronic form, will be considered by the Commission, and will be available to the public on the FTC Web site, to the extent practicable, at *http://www.ftc.gov* .
As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at *http://www.ftc.gov/ftc/privacy.htm* . FOR FURTHER INFORMATION CONTACT: Amanda L. Wait, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
(202)326-2220. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty
(30)days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for August 18, 2006), on the World Wide Web, at *http://www.ftc.gov/os/2006/08/index.htm* . A paper copy can be obtained from the FTC Public Reference Room, Room 130-H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling
(202)326-2222. Public comments are invited, and may be filed with the Commission in either paper or electronic form. All comments should be filed as prescribed in the ADDRESSES section above, and must be received on or before the date specified in the DATES section. Analysis of Agreement Containing Consent Order To Aid Public Comment The Federal Trade Commission, subject to its final approval, has accepted for public comment an Agreement Containing Consent Order (“Consent Agreement”) with Dan L. Duncan, EPCO, Inc., Texas Eastern Products Pipeline Company, LLC, and TEPPCO Partners, L.P. (collectively “Duncan”). The Consent Agreement remedies the anticompetitive effects that otherwise would be likely to result from the acquisition described herein. The terms of the Consent Agreement require Duncan to divest its interests in the Mont Belvieu Storage Partners natural gas liquids storage facility and related pipeline, land, and other assets to a buyer approved by the Commission. The proposed Consent Agreement has been placed on the public record for thirty
(30)days to solicit comments from interested people. Comments received during this period will become part of the public record. After thirty
(30)days, the Commission again will review the proposed Consent Agreement and the comments received, and will decide whether it should withdraw the proposed Consent Agreement or make it final. On February 24, 2005, EPCO, Inc., through DFI GP Holdings, L.P., acquired from Duke Energy Field Services, LLC:
(1)TEPPCO's general partner, Texas Eastern Products Pipeline Company, LLC, for $1.1 billion, and
(2)2.5 million limited partnership units of TEPPCO Partners, L.P., at an estimated value of $100 million (collectively “the acquisition”). The acquisition was not reportable under the Hart-Scott-Rodino Act. Both EPCO and TEPPCO are leading providers of salt dome storage for natural gas liquids (“NGLs”) in Mont Belvieu, Texas. EPCO operates the Enterprise NGL storage facility in Mont Belvieu. TEPPCO operates the Mont Belvieu Storage Partners NGL storage facility in Mont Belvieu. As a result of this acquisition, two of the four commercial storage providers for NGLs were placed under Enterprise's control. I. The Parties Enterprise Products Partners L.P. (“Enterprise”) is one of the largest publicly traded midstream energy partnerships in the United States, with an enterprise value of approximately $15 billion. Enterprise's services include NGL fractionation, transportation, import/export terminaling, and storage. Enterprise owns the largest and most liquid NGL storage facility in Mont Belvieu, along with several pipelines into and out of Mont Belvieu, and substantial brine handling capacity in Mont Belvieu. Enterprise also markets NGLs in Mont Belvieu. Dan L. Duncan ultimately controls Enterprise and EPCO, Inc. (“EPCO”), the general partner of Enterprise. TEPPCO Partners, L.P. (“TEPPCO”) is a publicly traded master limited partnership. TEPPCO's general partner is Texas Eastern Products Pipeline Company, LLC (“Texas Eastern”), which, post-acquisition, ultimately is controlled by EPCO and Dan L. Duncan. Through various subsidiaries, TEPPCO owns and operates NGL transportation and storage assets. TEPPCO's Mont Belvieu NGL storage assets are owned by Mont Belvieu Storage Partners, a 50/50 joint venture between TEPPCO and Louis Dreyfus Energy Services L.P. TEPPCO controlled, and continues to control, the day-to-day operations of the Mont Belvieu Storage Partners NGL storage facility, through its wholly- owned subsidiary, TE Products Pipeline Company, Limited Partnership. TEPPCO also owns and operates the TE Products Pipeline, the primary source of propane to the northeastern United States and an important outlet for NGLs stored at the Mont Belvieu Storage Partners facility. Since the acquisition, the general partners of Enterprise and TEPPCO have maintained separate boards of directors and management teams. The practical result of the acquisition, however, is that Dan L. Duncan ultimately owns and controls both entities. II. Salt Dome Storage for Natural Gas Liquids in Mont Belvieu, Texas The relevant market in which to analyze the effects of the acquisition is the market for salt dome storage for natural gas liquids (“NGLs”) in Mont Belvieu, Texas. NGLs are a group of light hydrocarbons—including ethane, propane, normal butane, isobutane, and natural gasoline—which are used, among other uses, as feedstocks in the production of ethylene and propylene, as fuel for heating or industrial processes, and in blending components for motor gasoline. NGLs primarily are stored in large underground wells formed out of geological salt domes under the Earth's surface until they are delivered to end-users, usually via pipeline. Mont Belvieu, Texas, comprises the largest NGL storage system in the world and pipeline connections that allow NGL marketers to reach the broadest array of end use markets. There are no viable competitive alternatives to salt dome storage for NGLs in Mont Belvieu. The market for salt dome storage for NGLs in Mont Belvieu, Texas, is highly concentrated, with Enterprise and TEPPCO as the two largest suppliers based on storage volumes, and two of the three largest suppliers based on permitted storage volume. Together the two account for about 70% of storage volume in Mont Belvieu. Targa Resources, Inc. and Valero Energy Corporation are the two other competitors that account for the remaining volume. Storage wells are differentiated by their connectivity, both to pipelines bringing product into the wells from fractionators, and to pipelines taking product out of storage to the major product pipelines that transport NGLs to markets throughout the United States. Mont Belvieu's attraction as a storage hub for NGLs stems from the flexibility it provides to owners to move their product to various markets. Storage customers evaluate wells on the basis of the flexibility they provide in receiving and moving product. Prior to the acquisition, Enterprise and TEPPCO directly competed for storage volumes in Mont Belvieu based on price and service levels. Both Enterprise and TEPPCO are connected to the Dixie Pipeline and competed for storage volumes for customers wishing to ship product, primarily propane, into the Southeastern United States. In addition, Enterprise and TEPPCO, along with Targa Resources, Inc., competed for storage customers' marginal volumes. Many customers must store minimum volumes at certain facilities due to pipeline connections or other restrictions. Finally, Enterprise and TEPPCO competed for trading volumes. Because Enterprise and TEPPCO are the two most liquid storage providers, many trading customers ranked them as their first and second choice for storage. The acquisition significantly increased concentration in the Mont Belvieu market for salt dome storage for NGLs, leaving EPCO controlling a dominant share of storage volume and capacity. A combined Enterprise/TEPPCO would have an enhanced ability unilaterally to exercise market power in the market because many customers view the two suppliers as first and second choices and the handful of other viable suppliers are incapable of replacing the competition lost as a result of the merger. Reducing the already small number of competitors also increases the likelihood of coordinated interaction after the merger. Thus, eliminating competition between the two leading suppliers likely would result in higher prices and lower levels of service for storage customers. III. Entry Entry into the Mont Belvieu storage market is unlikely to deter or counteract the likely anticompetitive effects. Entry is difficult and time-consuming and potential entrants would face substantial barriers in the form of permit requirements and land use restrictions. IV. Terms of the Proposed Consent Agreement The proposed Consent Agreement effectively remedies the acquisition's alleged anticompetitive effects by requiring TEPPCO to divest its interests in Mont Belvieu Storage Partners and certain related pipeline, land, and other assets (collectively the “divested assets”). The Commission's purposes with respect to the divestiture are:
(1)To ensure the continuation of the divested assets as a going concern in the same manner as of the date the Consent Agreement was signed, and
(2)to remedy the lessening of competition resulting from the acquisition as alleged in the Commission's Complaint. In order to achieve these purposes, Paragraph II of the proposed Consent Agreement directs Duncan to sell TEPPCO's interests in certain Mont Belvieu NGL storage assets and related pipeline, land, and other assets to a Commission-approved buyer no later than December 31, 2006, and in a manner approved by the Commission, subject to the Commission's final approval. If Duncan is unable to divest this set of assets to a Commission-approved buyer within this timeframe, Paragraph III of the proposed Consent Agreement contains the standard divestiture trustee provisions pursuant to which the Commission may appoint a trustee to divest the assets to a Commission-approved buyer. Paragraph IV.A of the proposed Consent Agreement requires Duncan to provide prior notice to the Commission of its planned acquisitions, operatorships, or management of any NGL storage facility in Mont Belvieu, Texas, for a period of ten
(10)years. Paragraph IV.C requires Duncan to send copies of all new NGL storage leases with third party NGL storage facilities in Mont Belvieu within the earlier of fifteen
(15)days of being signed or becoming effective. These provisions ensure that subsequent acquisitions or leases do not adversely impact competition in the market at issue and undermine the remedial goals of the proposed Consent Agreement. In order to achieve successfully the Commission's purposes, Paragraph II of the proposed Consent Agreement contains provisions that ensure that the acquirer receives all resources necessary to operate the divested assets. First, Paragraph II requires Duncan to give the acquirer the opportunity to interview and hire employees who spend more than ten percent (10%) of their time working on the divested assets, and prevents Duncan from offering these employees incentives to decline the acquirer's offer of employment. This will ensure that the acquirer has access to staff who are familiar with the NGL storage, pipelines, and other related assets. Second, Paragraph II requires Duncan to convey to the acquirer licensed intangible property necessary for the operation of the divested assets to ensure that the acquirer has the software and other assets necessary to operate the divested assets in the same manner as of the day the parties signed the Consent Agreement. To maintain the competitive viability of the divested assets, including TEPPCO's interest in Mont Belvieu Storage Partners, in the same manner as of the date the Consent Agreement was signed, the proposed Consent Agreement contains several provisions relating to the operation of TEPPCO's TE Products Pipeline. TEPPCO provides “open stock” service to propane shippers from Mont Belvieu Storage Partners, a service whereby shippers who ship on the pipeline and who have adequate inventory in the TEPPCO system, given certain inventory and availability requirements, can take delivery of propane at any of TEPPCO's terminals along the pipeline without having to wait for the pipeline transit time it would take to move the product physically from origin to destination. The open stock service allows TEPPCO to transfer product from any origination point along the pipeline it chooses to meet shippers' needs, irrespective of the storage facility in which the shipper actually has inventory. EPCO's plans to build a pipeline connecting its Mont Belvieu storage facility to the TEPPCO pipeline raises several concerns regarding its ability to disadvantage any prospective acquiror of TEPPCO's interest in Mont Belvieu Storage Partners. First, TEPPCO could decline to offer the open stock service at Mont Belvieu Storage Partners, or offer the service there at less advantageous terms than at EPCO's Mont Belvieu facility. Second, TEPPCO could impede Mont Belvieu Storage Partners' ability to market its storage capacity by allocating product from other storage facilities along the pipeline to meet shipper's needs, keeping Mont Belvieu Storage Partners' capacity occupied disproportionately. The proposed Consent Agreement contains provisions addressing these concerns. First, the proposed Consent Agreement requires TEPPCO to continue to operate the TE Products Pipeline on open stock service for propane. Second, if Duncan builds a pipeline, referred to in the proposed Consent Agreement as the “New Pipeline,” connecting the TE Products Pipeline to any NGL storage facility it owns in Mont Belvieu, Texas, the proposed Consent Agreement requires Duncan to
(1)connect the new pipeline to the Mont Belvieu Storage Partners NGL storage facility at its own cost,
(2)operate the TE Products Pipeline for propane on an open stock basis for shippers who ship from Mont Belvieu Storage Partners on terms and conditions that are no less advantageous than those for shippers who ship propane from an NGL storage facility in Mont Belvieu owned by Duncan, and
(3)operate the TE Products Pipeline for products other than propane on terms and conditions that are no less advantageous than those for shippers who ship products other than propane from an NGL storage facility in Mont Belvieu owned by Duncan. Third, the proposed Consent Agreement contains provisions relating to the implementation of new allocation procedures for the TE Products Pipeline. Paragraph IV.B requires TEPPCO to provide advance written notice to the Commission of any new allocation procedures relating to the movements of NGLs on the TE Products Pipeline originating in Mont Belvieu, Texas. Paragraph VI requires any new allocation procedures to include a requirement that shippers originating product movements on the pipeline from the Mont Belvieu Storage Partners NGL storage facility nominate that movement to both TEPPCO and Mont Belvieu Storage Partners and also provides that such new allocation procedures shall allow shippers who ship product originating at Mont Belvieu Storage Partners' facility to ship on terms and conditions that are no less advantageous than those given to shippers who ship from an NGL storage facility owned by Duncan. The purpose of the provisions relating to the operation of the TE Products Pipeline is to maintain the competitive viability of the Mont Belvieu Storage Partners NGL storage facility in the same manner as of the date the Consent Agreement was signed by ensuring that Duncan cannot disadvantage shippers who originate product movements from the Mont Belvieu Storage Partners' facility in favor of shippers who originate product movements from its own storage facility in the event that Duncan interconnects an NGL storage facility it owns in Mont Belvieu, Texas, to the TE Products Pipeline. V. Opportunity for Public Comment By accepting the proposed Consent Agreement, subject to final approval, the Commission anticipates that the competitive problems alleged in the Complaint will be resolved. The purpose of this analysis is to invite public comment on the proposed Consent Agreement, including the proposed divestitures, to aid the Commission in its determination of whether it should make final the proposed Consent Agreement contained in the agreement. This analysis is not intended to constitute an official interpretation of the proposed Consent Agreement or modify the terms of the proposed Consent Agreement in any way. Further, the proposed Consent Agreement has been entered into for settlement purposes only and does not constitute an admission by Dan L. Duncan, EPCO, Texas Eastern, or TEPPCO that it violated the law or that the facts alleged in the Complaint, other than jurisdictional facts, are true. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6-14142 Filed 8-24-06; 8:45 am] BILLING CODE 6750-01-P GENERAL SERVICES ADMINISTRATION Establishment of a Transaction Fee for Transportation Services Provided for the GSA, Office of Global Supply AGENCY: Federal Supply Service, GSA. ACTION: Final Notice SUMMARY: GSA is amending the Freight Management Program (FMP), Standard Tender of Service (STOS), to incorporate a 4% transaction fee for transportation services provided for the GSA, Office of Global Supply. Transportation Service Providers
(TSPs)will be required to remit a 4% transaction fee to GSA on a quarterly basis. DATES: The effective date is January 1, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Mary Anne Sykes, Transportation Programs Branch, by telephone at 703-605-2889 or by e-mail at *transportation.programs@gsa.gov.* SUPPLEMENTARY INFORMATION: The final notice is applicable to the Freight Management Program (FMP), Standard Tender of Service (STOS), for transportation services provided to the Eastern Distribution Center (EDC), Burlington, NJ; Western Distribution Center (WDC), French Camp, CA; and the National Industries for the Blind
(NIB)and NISH. It applies to all transportation service providers
(TSPs)transporting these shipments. The final notice and implementation procedures take into account the comments received from transportation service providers
(TSPs)in response to the notices published in the **Federal Register** at 70 FR 73248 on December 9, 2005, and an extension to that notice at 70 FR 76455 on December 27, 2005, soliciting comments on the establishment of a 4% transaction fee for transportation services provided for the GSA, Office of Global Supply. GSA published the response to the comments on the proposed rule in the **Federal Register** at 71 FR 38403 on July 6, 2006. The Transportation Management Services Solution
(TMSS)pre-payment audit and payment modules will be operational by November 2006. GSA will start a phased-in implementation plan for the pre-payment audit and payment modules in November 2006. TSPs that provide transportation services for GSA, Global Supply, will be required to submit all invoices in TMSS either manually or via electronic data interchange (EDI). GSA will assess the 4% fee effective January 1, 2007, to ensure that the TMSS implementation phase is complete. TSPs will be required to remit the 4% fee for transportation invoices paid after December 31, 2006, directly to GSA quarterly instead of deducting the 4% fee from each invoice via TMSS prior to payment. TSP’s will be able to access TMSS to generate a quarterly report that lists each transaction, total transportation charges, and transaction fee. The first remittance will be due for the quarter ending March 31, 2007. Dated: August 22, 2006. Susan T. May, Acting Director, Travel and Transportation Management Division (FBL), GSA. [FR Doc. E6-14179 Filed 8-24-06; 8:45 am] BILLING CODE 6820-89-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-2744, CMS-2746, CMS-685, and CMS-10168] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:
(1)The necessity and utility of the proposed information collection for the proper performance of the Agency's function;
(2)the accuracy of the estimated burden;
(3)ways to enhance the quality, utility, and clarity of the information to be collected; and
(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* End Stage Renal Disease Medical Information ESRD Facility Survey; *Use:* The ESRD Facility Survey is completed by all Medicare-approved ESRD facilities once a year. The survey was designed to collect information concerning treatment trends, utilization of services and patterns of practice in treating ESRD patients. The aggregate patient information is collected from each Medicare-approved provider of dialysis and kidney transplant services. The information is used to assess and evaluate the local, regional and national levels of medical and social impact of ESRD care and are used extensively by researchers and suppliers of services for trend analysis. The information is available on the CMS Dialysis Facility Compare Web site and will enable patients to make informed decisions about their care by comparing dialysis facilities in their area. The ESRD Facility Survey Public Use File is also posted at: *http://www.cms.hhs.gov/ESRDGeneralInformation/02_Data.asp#TopOfPage* ; *Form Number:* CMS-2744 (OMB#: 0938-0447); *Frequency:* Reporting—Annually; *Affected Public:* Business or other for-profit, not-for-profit institutions; *Number of Respondents:* 4,800; *Total Annual Responses:* 4,800; *Total Annual Hours:* 38,400. 2. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* End Stage Renal Disease Death Notification P.L. 95-292; 42 CFR 405.2133, 45 CFR 5-5b; 20 CFR Parts 401 and 422E *Use:* The ESRD Death Notification (CMS-2746) is completed by all Medicare-approved ESRD facilities upon the death of an ESRD patient. Its primary purpose is to collect fact of death and cause of death of ESRD patients. Certain other identifying information (e.g., name, Medicare claim number, and date of birth) is required for matching purposes. Federal regulations require that the ESRD Networks examine the mortality rates of every Medicare-approved facility within its area of responsibility. The Death Form provides the necessary data to assist the ESRD Networks in making decisions that result in improved patient care and in cost-effective distribution of ESRD resources. The data is used by the ESRD Networks to verify facility deaths and to monitor facility performance.; *Form Number:* CMS-2746 (OMB#: 0938-0448); *Frequency:* On occasion, weekly; *Affected Public:* Business or other for-profit, not-for-profit institutions; *Number of Respondents:* 4,719; *Total Annual Responses:* 75,504; *Total Annual Hours:* 37,752. 3. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* End Stage Renal Disease
(ESRD)Network Semi-Annual Cost Report Forms and Supporting Regulations in 42 CFR section 405.2110 and 42 CFR 405.2112; *Use:* Section 1881(c) of the Social Security Act establishes End Stage Renal Disease
(ESRD)Network contracts. The regulations found at 42 CFR 405.2110 and 405.2112 designated 18 ESRD Networks which are funded by renewable contracts. These contracts are on 3-year cycles. To better administer the program, CMS is requiring contractors to submit semi-annual cost reports. The purpose of the cost reports is to enable the ESRD Networks to report costs in a standardized manner. This will allow CMS to review, compare and project ESRD Network costs during the life of the contract. *Form Number:* CMS-685 (OMB#: 0938-0657); *Frequency:* Reporting—semi-annually; *Affected Public:* Not-for-profit institutions; *Number of Respondents:* 18; *Total Annual Responses:* 36; *Total Annual Hours:* 108. 4. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Medicare Program: Complex Medical Review; *Use:* Complex medical review involves the application of clinical judgment by a licensed medical professional in order to evaluate medical records to determine whether an item or service is covered, and is reasonable and necessary. The information required under this collection is requested by Medicare contractors, and is requested of providers or suppliers submitting claims for payment from the Medicare program when data analysis indicates aberrant billing patterns which may present a vulnerability to the Medicare program. *Form Number:* CMS-10168 (OMB#: 0938-0969); *Frequency:* Recordkeeping and Reporting—As requested; *Affected Public:* Business or other for-profit and not-for-profit institutions; *Number of Respondents:* 1,169,683; *Total Annual Responses:* 2,900,000; *Total Annual Hours:* 966,666. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS Web Site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E- mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on
(410)786-1326. Written comments and recommendations for the proposed information collections must be mailed or faxed within 30 days of this notice directly to the OMB desk officer: OMB Human Resources and Housing Branch, *Attention:* Carolyn Lovett, New Executive Office Building, Room 10235, Washington, DC 20503, Fax Number:
(202)395-6974. Dated: August 17, 2006. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E6-14043 Filed 8-24-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-5030-N] Frontier Extended Stay Clinic Demonstration AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice informs interested parties of an opportunity to apply for the Frontier Extended Stay Clinic
(FESC)demonstration, which is mandated by section 434 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. A FESC is designed to address the needs of seriously or critically ill or injured patients who, due to adverse weather conditions or other reasons, cannot be transferred to acute care hospitals, or patients who do not need a hospital level of care but need monitoring and observation for limited periods of time. DATES: Applications will be considered timely if we receive them no later than 5 p.m., Eastern Standard Time (e.s.t), on November 24, 2006. ADDRESSES: Mail or deliver applications to the following address: Centers for Medicare & Medicaid Services, Attention: Sid Mazumdar, Mail Stop: C4-15-27, 7500 Security Boulevard, Baltimore, MD 21244, *Siddhartha.Mazumdar@cms.hhs.gov* . Fax: 410-786-1048. Because of staff and resource limitations, we cannot accept applications by facsimile
(fax)transmission or by e-mail. FOR FURTHER INFORMATION CONTACT: Sid Mazumdar at
(410)786-6673. Interested parties can obtain the complete application on the CMS Web site at *http://www.cms.hhs.gov/DemoProjectsEvalRpts/MD/itemdetail.asp?itemID=CMS061689* . Paper copies can be obtained by writing to Sid Mazumdar at the address listed in the ADDRESSES section of this notice. SUPPLEMENTARY INFORMATION: I. Background We have previously developed alternative provider types designed to make available basic acute care and emergency services in remote geographic areas. In response to Congressional mandates, in 1991 we piloted the Montana Medical Assistance Facility
(MAF)Demonstration and in 1993 implemented the Essential Access Community Hospital/Rural Primary Care Hospital (EACH/RPCH) Program. These programs tested the concept of a limited service hospital, including lower required levels of physician and nurse staffing than full service hospitals. In the Balanced Budget Act of 1997, Congress mandated a nationwide program called “Rural Hospital Flexibility Program”, the purpose of which is the provision of needed acute care services by a new type of provider type known as a “critical access hospital” (CAH). CAHs are entities in rural areas that generally provide limited services. Now under section 434 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(MMA)the Congress established “The Frontier Extended Stay Clinic Demonstration Project,” to test the feasibility of providing extended stay services to remote frontier areas under Medicare payment and regulations. In remote frontier areas, weather and distance can prevent patients who experience severe injury or illness from obtaining immediate transport to an acute care hospital. In some instances, when patients are unable to be transported, local clinics staffed by physicians or other health professionals may offer observation services until the patient can be transferred or is no longer in need of transport. This type of extended stay service is not currently reimbursed by Medicare, Medicaid, or most third-party payers. For several years, officials in the State of Alaska and several state offices of Rural Health, Primary Care Offices, and Primary Care Associations have explored the development of a new provider type that would enable reimbursement of these services. In designing the demonstration, the goal is to allow flexibility for these remote clinics to serve the needs of a range of patients for whom transportation to a full-service acute care hospital is problematic. In addition, this demonstration also attempts to ensure safety in clinics that have neither the institutional experience nor the level of technological sophistication of hospitals. As authorized by statute, we are defining requirements for providers to participate in the Frontier Extended Stay Clinic
(FESC)demonstration. Specifically, section 434(a) of the MMA allows waiver of provisions of the Medicare program as are necessary to conduct the demonstration project, under which a FESC is treated as a provider of items and services under the Medicare program. The FESC must be located in a community which is-(1) at least 75 miles away from the nearest acute care hospital, critical access hospital, or
(2)is inaccessible by public road. The distance requirement is in relation to the nearest acute care or critical access hospital, regardless of whether patients are generally transferred to that hospital. In addition, we are determining mileage as measured in terms of the shortest distance by road. We believe the FESC should be designed to address the needs of seriously or critically ill or injured patients who, due to adverse weather conditions or other reasons, cannot be transferred to acute care hospitals, or patients who do not meet CMS inpatient hospital admission criteria and who need monitoring and observation for a limited period of time. We believe that the FESC should provide extended stay services under circumstances when weather and transportation conditions prevent transfer, but apart from such circumstances when a patient's condition warrants hospitalization, he or she should be transported to an acute care hospital. According to section 434(e) of the MMA, the FESC demonstration will last for three years. Unless reauthorized, at the end of this period, the FESCs will lose their certification as Medicare providers. Moreover, pursuant to section 434(d)(2) of the MMA, the demonstration is to be budget neutral. II. Provisions of the Notice A. Eligible Organizations Potentially qualifying applicants are currently operational primary care clinics, including clinics operated by the Indian Health Service or tribal authorities. Other clinics may be eligible if they propose plans to adopt the features of a FESC. To be eligible for the Frontier Extended Stay Clinic demonstration, a clinic must be located in a community which is at least 75 miles from the nearest acute care hospital or critical access hospital, or which is inaccessible by public road. Mileage is measured in terms of the shortest distance by road. B. Conditions of Participation This notice solicits applications for demonstration projects to enable participating remote clinics to provide services to seriously or critically ill or injured patients who, due to adverse weather conditions, or other reasons, cannot be transferred quickly to an acute care hospital, and to patients who do not meet hospital admission criteria but who need monitoring and observation for a limited period of time. FESCs may vary as far as their architectural design and original type of clinic. At a minimum, an interested clinic must be able to provide primary care, ambulatory care, and extended stay services, but there are no requirements that an interested clinic be of any particular type. For example, Rural Health Clinics
(RHCs)and federally qualified health centers (FQHCs), which are separately certified under Medicare, are especially appropriate for the FESC model. We will require each such clinic to explain how its staff and equipment will meet the needs of emergency and overnight patients. Given the wide variety of clinical conditions that a clinic will face, it is vital that each FESC maintain stable, effective transfer relationships with acute care hospitals. All clinics participating in the FESC demonstration will be required to keep all billable items under the demonstration separate from those of the existing outpatient clinic. The FESC portion of a clinic participating in the demonstration will be able to share staff and resources with its non-FESC portion as long as billing for staff and resources is kept distinct during discrete blocks of time. An applicant must also describe its transfer agreements with acute care hospitals. In addition, we expect all participants in the demonstration to have a physically separate area dedicated to extended stay FESC patients. A more specific listing of the FESC requirements are found in the application package at Web address identified above. C. Evaluation Process and Criteria If the application meets the basic eligibility requirements and responds to all components of the application, it will be referred to a technical review panel for evaluation and scoring for an independent review. The comments and evaluations of the panelists will be transcribed into a summary statement that will serve as the basis for award decisions. The evaluations of the panelists will contain numerical ratings based on the rating criteria specified in this section, the ranking of all applications, and a written assessment of each application. In addition, we will conduct a financial analysis of the recommended proposals and evaluate the proposed projects to ensure that they are budget neutral. CMS will make the final selection. The evaluation criteria and weights are detailed in the complete application package. These criteria will be used to evaluate the applications for the FESC demonstration. Applications will be scored on an absolute basis. The application package, as well as the Medicare Waiver Demonstration Application, are available on the CMS Web site. III. Requirements for Submission of Applications Individual clinics or consortia that represent several clinics may submit applications. Each applicant organization is to submit one application, regardless of the number of proposed demonstration sites. The application is to be coordinated and submitted by an organizational component that has the authority to determine the financial and clinical service policy of an applicant body. If applicable, variations related to proposed sites should be outlined in the application text or supplemental materials. Applications should be a maximum of 40 typewritten pages, excluding appendices. The complete application package is at the CMS Web site at *http://www.cms.hhs.gov/DemoProjectsEvalRpts/MD/itemdetail.asp?itemID=CMS061689.* Hard copies can be obtained by calling Sid Mazumdar
(410)786-6673 or by e-mail at *Siddhartha.Mazumdar@cms.hhs.gov.* In order to be considered for review by the technical review panel, applicants must complete, sign, date and return the Medicare Waiver Demonstration Applicant Data Sheet found on this Web page. The Medicare Waiver Demonstration Application, on the Web page, serves as the required outline for submitting information in the application. The required narrative portion is to consist of responses to the questions under “Evaluation Process and Criteria.” Queries for the narrative portion of the application may be submitted in writing by mail, fax, or e-mail. (Please see the ADDRESSES section of this notice for necessary information.) IV. Collection of Information Requirements This information collection requirement is subject to the Paperwork Reduction Act of 1995 (PRA); however, the collection is currently approved under OMB control number 0938-0880 entitled “Medicare Demonstration Waiver Application” with a current expiration date of July 31, 2006. Authority : Section 434 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 Pub. L. 108-173. Dated: May 18, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E6-14176 Filed 8-24-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-4122-N] Medicare Program; Town Hall Meeting on Proposed Collection and Request for Comments on the Skilled Nursing Facility Advance Beneficiary Notice AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of meeting. SUMMARY: This notice announces a Town Hall meeting to solicit input from the public on the proposed use of, and revisions to, the Skilled Nursing Facility Advance Beneficiary Notice (SNFABN), CMS-10055 (2006), and accompanying instructions. All interested parties are invited to comment on the proposed SNFABN collection instrument and instructions, including any of the following subjects:
(1)The associated time and administrative burden,
(2)the ability of the proposed notice to fulfill existing CMS requirements, and
(3)ways to enhance the quality and clarity of the information to be collected. The opinions and alternatives provided during this meeting will assist us as we evaluate our policy on issuing notices in skilled nursing facilities. The meeting is open to the public, but attendance is limited to space available. DATES: *Meeting Date:* The Town Hall meeting announced in this notice will be held on Tuesday, September 26, 2006 from 1 p.m. to 4 p.m. e.s.t. ADDRESSES: The Town Hall meeting will be held in the main auditorium of the Centers for Medicare and Medicaid Services, 7500 Security Boulevard, Baltimore, MD 21244. Interested parties attending the meeting must enter the building at the main entrance on the first floor of the Central Building. *Written Questions or Statements:* Any interested party may send written comments by mail, fax, or electronically. We will accept written testimony, questions, or other statements until September 20, 2006. Send written testimony, questions, or other statements to Centers for Medicare & Medicaid Services, Medicare Enrollment Appeals Group, Division of Consumer Protection, Mail Stop C2-12-16, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Attention: Charlayne Van. Fax:
(410)786-8883. E-mail: *charlayne.van@cms.hhs.gov* . Although written submissions will be accepted in advance of the meeting, they may not be read during the meeting due to time constraints. FOR FURTHER INFORMATION CONTACT: Charlayne Van,(410) 786-8659, *charlayne.van@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: Background The current Skilled Nursing Facility Advance Beneficiary Notice (SNFABN), CMS-10055 (2006), is a notice that the Skilled Nursing Facility
(SNF)gives to a Medicare beneficiary, or to his or her authorized representative, before extended care items or services are reduced or terminated, or before non-covered care is initiated. This notice is issued when the SNF, the utilization review entity, the quality improvement organization, or the Medicare contractor believes that Medicare will not pay for or will not continue to pay for extended care items and/or services that the SNF furnishes. Currently, SNFs may also use official denial letters for the same purpose, and must use the general Advance Beneficiary Notice (ABN-G) for Part B services. In February of 2004, we held a Town Hall meeting to solicit comments on the SNFABN. In response to the questions and comments arising from the 2004 Town Hall meeting, we revised the SNFABN and instructions for its use when delivered by a SNF and paid by Part A or Part B. In July of 2006, we consumer tested the revised form and instructions with Medicare beneficiaries, caregivers, and professional SNF staff members. In an effort to streamline the notice process and to alleviate confusion for beneficiaries, the new form will replace the current SNFABN for Part A services and the ABN for Part B items and/or services. In addition, we are also considering voluntary uses of the SNFABN so that alternatives, like the Notice of Exclusion from Medicare Benefits (NEMB), will no longer be necessary. II. Meeting Format The initial portion of the meeting will be a presentation to provide background on the evolution of the SNFABN and the current notice structure. The remainder of the meeting will be reserved for individual statements from interested parties. The time for each participant to make statements may be limited according to the number of registered participants. Therefore, individuals who wish to make statements must contact the individual identified in the FOR FURTHER INFORMATION CONTACT section above, at the time of registration to sign up to make a statement. Participants will be permitted to speak in the order in which they sign up. If time permits, comments from individuals not registered to speak will be heard after scheduled statements. III. Registration Instructions Anyone who wishes to participate in the public meeting must notify us, in advance, of their interest in attending, and also if they wish to make a statement. Interested parties may register through the Town Hall meeting Web site at *SNF_06_Town_Hall@cms.hhs.gov.* Please submit the following information when registering: name, company name, address, telephone number and e-mail address. Individuals requiring sign language interpretation or other special accommodations must provide that information upon registration for the meeting. If you have trouble registering over the Internet, you may contact Charlayne Van at
(410)786-8659 or by e-mail at *charlayne.van@cms.hhs.gov* . IV. Security, Building, and Parking Guidelines Because this meeting will be located on Federal property, for security reasons, any persons wishing to attend this meeting must register by close of business on September 20, 2006. Individuals who have not registered in advance will not be allowed to enter the building to attend the meeting. Seating capacity is limited to the first 250 registrants. The on-site check-in for visitors will be held from 12 noon until 1 p.m. Please allow sufficient time to go through the security checkpoints. It is suggested that you arrive at 7500 Security Boulevard no later than 12 noon so that you will be able to arrive promptly at the meeting by 1 p.m. All items brought to the building, whether personal or for the purpose of demonstration or to support a presentation, are subject to inspection. Security measures will include inspection of vehicles, inside and out, at the entrance to the grounds. In addition, all persons entering the building must pass through a metal detector. All items brought to CMS, including personal items such as desktops, cell phones, and palm pilots, are subject to physical inspection. Authority : Section 1879 of the Social Security Act, 42 U.S.C. 1395pp. (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: August 18, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. CMS-4122-N 2 [FR Doc. E6-14147 Filed 8-24-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3166-N] Medicare Program; Meeting of the Medicare Coverage Advisory Committee—November 30, 2006 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of meeting. SUMMARY: This notice announces a public meeting of the Medicare Coverage Advisory Committee
(MCAC)(“Committee”). The Committee provides guidance and advice to CMS on specific clinical topics under review for Medicare coverage. This meeting concerns spinal fusion for the treatment of low back pain secondary to lumbar degenerative disc disease (DDD), generally, and to identify areas where current data is deficient and additional research is necessary. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. App. 2, section 10(a)). DATES: *Meeting Date:* The public meeting will be held on Thursday, November 30, 2006 from 7:30 a.m. until 4:30 p.m., e.s.t. *Registration Deadline:* For security reasons, individuals must register by the close of business on November 23, 2006. In addition, request for special accommodations must be received by close of business on November 23, 2006. *Presentation and Written Comments Deadline:* Written comments and presentations must be received by 5 p.m., October 30, 2006, e.s.t. Presentations once submitted are final. No further changes to the presentation can be accepted after submission. ADDRESSES: *Meeting Location:* The meeting will be held in the main auditorium of the Centers for Medicare & Medicaid Services, 7500 Security Blvd, Baltimore, MD 21244. *Registration:* Individuals must register by contacting Maria Ellis at
(410)786-0309; e-mail to *Maria.Ellis@cms.hhs.gov;* or by regular mail to Maria Ellis, Centers for Medicare & Medicaid Services, OCSQ-Coverage and Analysis Group, C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244. *Presentation and Comment Submission:* Interested persons may present data, information, or views orally or in writing on issues pending before the Committee. Presentation and written comments must be submitted to Michelle Atkinson, Executive Secretary for MCAC, Centers for Medicare & Medicaid Services, OCSQ-Coverage and Analysis Group, C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244. *Web Site Address for Additional Information:* You may access up-to-date information on this meeting at *http://www.cms.hhs.gov/FACA/02_MCAC.asp#TopOfPage.* FOR FURTHER INFORMATION CONTACT: Michelle Atkinson, Executive Secretary for MCAC, 410-786-2881; *Michelle.Atkinson@cms.hhs.gov* ; Centers for Medicare & Medicaid Services, OCSQ-Coverage and Analysis Group, C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244. SUPPLEMENTARY INFORMATION: I. Meeting Topic In the December 14, 1998 **Federal Register** (63 FR 68780), we published a notice to describe the Medicare Coverage Advisory Committee
(MCAC)(“Committee”), which provides advice and recommendations to CMS about clinical issues. This notice announces the November 30, 2006 public meeting of the Committee. During this meeting, the Committee will discuss evidence and hear presentations and public comments concerning spinal fusion for the treatment of low back pain secondary to lumbar degenerative disc disease. The clinical outcomes in the Medicare population will be discussed. The Committee will review evidence including:
(1)What are the most informative measures of clinical outcomes;
(2)indications;
(3)clinical outcomes for the different surgical techniques and components;
(4)complications;
(5)harms and adverse events;
(6)persistence of benefits and harms over time; and, general applicability to the Medicare population in routine practice. In addition to evaluating the available data, the Committee will identify areas in which the current data are deficient and in which additional research is warranted. Background information about this topic, including panel materials, are available at *http://www.cms.hhs.gov/center/coverage.asp.* II. Meeting Procedures This meeting is open to the public. The Committee will hear oral presentations from the public for approximately 45 minutes. The Committee may limit the number and duration of oral presentations to the time available. If you wish to make formal presentations, you must notify the Executive Secretary for MCAC (see FOR FURTHER INFORMATION CONTACT ) and submit the following to the address listed in the ADDRESSES section of this notice by the date listed in the DATES section of this notice:
(1)A brief statement of the general nature of the evidence or arguments you wish to present;
(2)the names and addresses of proposed participants; and
(3)a written copy of your presentation. Your presentation should consider the questions we have posed to the Committee and focus on the issues specific to the topic. The questions will be available on the following Web site: *http://www.cms.hhs.gov/FACA/02_MCAC.asp#TopOfPage.* We require that you declare at the meeting whether you have any financial involvement with manufacturers of any items or services being discussed (or with their competitors). After the public and CMS presentations, the Committee will deliberate openly on the topic. Interested persons may observe the deliberations, but the Committee will not hear further comments during this time except at the request of the chairperson. The Committee will also allow a 15 minute unscheduled open public session for any attendee to address issues specific to the topic. At the conclusion of the day, the members will vote and the Committee will make its recommendation. III. Registration Instructions and Requests for Special Accomodations The Coverage and Analysis Group is coordinating meeting registration. While there is no registration fee, individuals must register to attend. Register by contacting Maria Ellis at the address specified in the ADDRESSES section of this notice by November 23, 2006. Please provide your name, address, organization, telephone number(s), fax number(s), and e-mail address. You will receive a registration confirmation with instructions for your arrival at the CMS complex. You will be notified if the seating capacity has been reached. Persons attending the meeting who are hearing or visually impaired, or have a condition that requires special assistance or accommodations, must submit their request with their registration information or to Michelle Atkinson, Executive Secretary for MCAC, at the address specified in the ADDRESSES section of this notice by November 23, 2006. This meeting is located on Federal property; therefore, for security reasons, any individuals wishing to attend this meeting must register by close of business on November 23, 2006. IV. Security, Building, and Parking Guidelines This meeting will be held in a Federal government building; therefore, Federal security measures are applicable. In planning your arrival time, we recommend that you arrive reasonably early to allow additional time to clear security. In order to gain access to the building and grounds, individuals must present photographic identification to the Federal Protective Service or Guard Service personnel before being allowed entrance. Security measures also include a full inspection of vehicles, inside and exterior areas, at the entrance to the grounds. In addition, all individuals entering the building must pass through a metal detector. All items brought to CMS, whether personal or for the purpose of or to support a demonstration, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for demonstration or to support a demonstration. Parking permits and instructions will be issued upon arrival. Note: Individuals who are not registered in advance will not be permitted to enter the building and will be unable to attend the meeting. The public may not enter the building more than 45 minutes prior to the convening of the meeting. All visitors must be escorted in areas except for the lower and first floor levels of the Central Building. Authority: 5 U.S.C. App. 2, section 10(a). (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: August 11, 2006. Barry M. Straube, Chief Medical Officer and Director, Office of Clinical Standards and Quality, Centers for Medicare & Medicaid Services. [FR Doc. E6-13938 Filed 8-24-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1528-N] Medicare Program; Medicare Provider Feedback Group
(MPFG)Town Hall Meeting September 20, 2006 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of meeting. SUMMARY: This notice announces a town hall meeting on the Medicare Provider Feedback Group (MPFG). The purpose of the meeting is to solicit the opinions of individual Medicare physicians, providers, and suppliers on selected policies and operational issues that affect providers that participate in the Medicare program. In addition, we will be soliciting input on how we can better serve the Medicare providers and suppliers. All Medicare providers and suppliers that participate in the Medicare program, including physicians, hospitals, home health agencies, and other third-party billers, are invited to attend this meeting. We will consider facts and opinions obtained from individual Medicare physicians, providers, and suppliers. We will use the information obtained during the meeting as feedback on selected policy issues and on CMS provider and supplier communication activities and related topics. The meeting is open to the public, but attendance is limited to space available. Registered participants from the meeting may be contacted for follow-up meetings to solicit additional opinions and clarify any issues that may arise from the September 20, 2006 meeting. DATES: The meeting is scheduled for September 20, 2006 from 2 p.m. until 4 p.m. e.d.t. ADDRESSES: The meeting will be held in the auditorium at the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244. FOR FURTHER INFORMATION CONTACT: Colette Shatto, 410-786-6932. You may also send e-mail inquiries about this meeting to *MFG@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: I. Background On November 16, 2004, we held the first Medicare Provider Feedback town hall meeting to solicit the opinions of individual Medicare physicians, providers, and suppliers. Topics discussed during the November 16 meeting included Medicare Fee-for-Service
(FFS)Chronic Care Improvement Programs, CMS electronic medical records, CMS Provider Outreach, and consolidated billing. Subsequent to the meeting, we conducted follow-up meetings to clarify information received and solicited additional opinions. The information gathered from the town hall and subsequent meetings was used as feedback on our provider and supplier communication activities and related topics. On September 12, 2005, we convened the second town hall meeting to solicit the opinions of individual Medicare physicians, providers, and suppliers on how we could better serve Medicare physicians, providers, and suppliers through communications, educational material, and other means. This meeting also focused on our design for gathering individual physician, provider, and supplier information, presented topics for provider and supplier input, and then solicited opinions on how we can better serve the Medicare physician, provider, and supplier community. II. Meeting Format The meeting will begin with an overview of the goals and objectives of the initiative, including a discussion of our efforts to gather feedback from individual Medicare physicians, providers, and suppliers. The meeting moderator will be introduced, and, along with members of the Provider Communications Group, the Center for Medicare Management of CMS, will provide background information on the initiative. Topics to be discussed during the meeting include, but are not limited to the implementation of the National Provider Identifier (NPI), the Pay for Performance initiative, Part D Compliance, Durable Medical Equipment
(DME)Accreditation and Medicare Contracting. This meeting will provide the Agency with an open and public venue to interact with individual Medicare physicians, providers and suppliers and obtain their feedback on Medicare policy and operational issues. We will then hold a question and answer session that offers meeting attendees an opportunity to provide feedback on how CMS serves physicians, providers, and suppliers, as well as make suggestions on how this process can be improved. *Attending the Meeting:* The Provider Communications Group, Center for Medicare Management, Division of Provider Relations and Evaluations, is the coordinator for this meeting. This meeting will be held in a Federal Government building, and persons attending the meeting will be required to show a photographic identification, preferably a valid driver's license, and be listed on an approved security list before entering. Persons interested in attending the meeting and providing feedback must complete the on-line registration located at *http://registration.mshow.com/cms2/.* III. Registration Instructions Registration will open on August 25, 2006 and close on September 18, 2006. The on-line registration system will generate a confirmation page to indicate the completion of your registration. Please print this page as your registration receipt. Registration after 5 p.m. on September 18, 2006 will delay confirmation and individuals may not be permitted entrance to the building. Individuals may participate in the public meeting by teleconference. The dial-in number is 877-357-7851 and the conference identification number is 2323964. Physicians and other interested parties may speak or ask questions during the question and answer period facilitated by the moderator. Parties may also submit written comments to Colette Shatto at *MFG@cms.hhs.gov.* An on-line registration tool is available for interested individuals who wish to participate in the meeting in person or by teleconference. The on-line registration system will capture contact information and practice characteristics, such as names, e-mail addresses, and provider and supplier types. *Special Accommodations:* Individuals requiring sign language interpretation or other special accommodations must contact Colette Shatto by e-mail at *MFG@cms.hhs.gov.* Authority: Section 1811 and 1831 of the Social Security Act (42 U.S.C. 1395c and 1395j). (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: August 3, 2006. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E6-13379 Filed 8-24-06; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0329] Agency Information Collection Activities; Proposed Collection; Comment Request; Medicated Feed Mill License Application—Extension AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration
(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the medicated feed mill licensing system. DATES: Submit written or electronic comments on the collection of information by October 24, 2006. ADDRESSES: Submit electronic comments on the collection of information to: *http://www.fda.gov/dockets/ecomments* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Denver Presley, Office of Management Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1472. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget
(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics:
(1)Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility;
(2)the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(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, when appropriate, and other forms of information technology. Medicated Feed Mill Licensing Application—21 CFR Part 515 (OMB Control Number 0910-0337)—Extension The Animal Drug Availability Act of 1996 (ADAA), amended section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) to replace the system for the approval of specific medicated feed with a general licensing system for feed mills. Before passage of the ADAA, medicated feed manufacturers were required to obtain approval of medicated feed applications
(MFAs)in order to manufacture certain types of medicated feeds. An individual approved MFA was required for each and every applicable medicated feed. The ADAA streamlined the paperwork process for gaining approval to manufacture medicated feeds by replacing the MFA system with a facility license for each medicated feed manufacturing facility. Implementing regulations are at 21 CFR part 515. Respondents are expected to be medicated feed manufacturers. FDA estimates the burden for this collection of information as follows: **Table 1.—Estimated Annual Reporting Burden** 1 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 515.10(b) 7 1 7 0.25 1.75 515.11(b) 100 1 100 0.25 25 515.23 25 1 25 0.25 6.25 515.30(c) 0.15 1 0.15 24 3.6 Total Burden Hours 36.6 1 There are no capital costs or operating and maintenance costs associated with this collection of information. **Table 2.—Estimated Annual Recordkeeping Burden** 1 21 CFR Section No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours 510.305 1,070 1 1,070 0.03 32.10 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The estimated annual reporting burden on industry is 36.6 hours, as shown in table 1 of this document. Industry estimates it takes about 0.25 hours to submit the application. We estimate 132 original and supplemental applications and voluntary revocations for a total of 33 hours (132 submissions x 0.25 hours). An additional 3.6 hours are added for the rare notice of opportunity for a hearing to not approve or revoke an application. Finally, we estimate 36 hours for maintaining and retrieving labels as required by 21 CFR 510.305. We estimated .03 hours for each of approximately 1,070 licensees. Thus, the total burden for recordkeeping requirements is 32.10 hours (1,070 licensees x 0.03 hours). Dated: August 18, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-14076 Filed 8-24-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration National Center for Natural Products Research, University of Mississippi; Single Source Cooperative Agreement; Catalog of Federal Domestic Assistance Number 93.103; Request for Application AGENCY: Food and Drug Administration, HHS. ACTION: Notice. I. Funding Opportunity Description The Food and Drug Administration
(FDA)is announcing its intention to receive and consider a single source competing continuation application for the award of a cooperative agreement in fiscal year (FY 2006) to the University of Mississippi
(UM)to support the National Center for Natural Products Research (NCNPR), which is located on UM's Campus at Oxford, MS, for up to $2.3 million for FY06 (direct plus indirect costs combined), the total amount being subject to annual budget appropriations. The funds will provide additional support to the UM's NCNPR for the purpose of promoting more efficient development and dissemination of natural products research and science and will complement the diverse activities of both the public and private sectors that may become collaborators. Subject to the availability of Federal funds and successful performance, 4 additional years of support will be available. FDA will support the research covered by this notice under the authority of section 301 of the Public Health Service
(PHS)Act (42 U.S.C. 241). FDA's research program is described in the Catalog of Federal Domestic Assistance No.93.103. Before entering into cooperative agreements, FDA carefully considers the benefits such agreements will provide to the public. II. Eligibility Information FDA believes that there is compelling evidence that UM is uniquely qualified to fulfill the objectives of the proposed cooperative agreement. UM is a comprehensive research institution with numerous academic programs relevant to FDA's mission and the resources to support the Center for Food Safety and Nutrition's (CFSAN's) areas of interest. NCNPR, which opened in July 1995, is a division of the Research Institute of Pharmaceutical Sciences of UM's School of Pharmacy. NCNPR was created to bring together an alliance of academia, government, and industry to integrate research, development, and commercialization of potentially useful natural products. The goal of NCNPR in botanical dietary supplements is to enable safe, effective, and proper use of high quality botanical products by informed professionals and consumers. NCNPR conducts basic and applied multidisciplinary research to discover and develop natural products for use as dietary supplements. NCNPR also maintains a repository of several thousand natural product extracts that are available for screening by collaborators working in other areas. NCNPR has substantial expertise to carry forward specific discoveries, products, and technologies. Most of the projects to develop promising high priority products or technology are conducted in collaboration with industrial partners or through externally funded grants and contract. NCNPR is staffed with a highly synergistic mix of full-time research faculty and support staff and employs a number of undergraduate and graduate students and postdoctoral scientists. Together, the faculty, scientists, staff, students, and external collaborators, provide the human resources required to accomplish the research and development goals of NCNPR. Collaboration between the public and private sector is an efficient means for both FDA and the University to remain current with scientific and technical accomplishments from a natural products research perspective. Harmonizing research activities is but one example of the need for and use of this natural products research knowledge and expertise. The partnership between FDA and UM will provide both the technical and educational expertise necessary for effective mechanisms that will facilitate the movement of new technology and provide direct usefulness to FDA's scientific and enforcement initiatives. As of October 1, 2003, applicants are required to have a Dun and Bradstreet Number
(DUNS)to apply for a grant or cooperative agreement from the Federal Government. The DUNS number is a 9-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, applicants should go to *http://www.grants.gov/RequestaDUNS* or call 1-866-705-5711. (FDA has verified the Web site address, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the **Federal Register** .) III. Application and Submission To comply with the President's Management Agenda, HHS is participating as a partner in the new government-wide *Grants.gov* Web site. Users of *Grants.gov* will be able to download a copy of the application package, complete it offline, and then upload and submit the application via the *Grants.gov* Web site. We encourage applicant submission through *Grants.gov* . If submitted other than electronically, please contact Gladys M. Bohler for guidance (see contact information in the paragraph that follows). For further information contact Gladys M. Bohler, Grants Management Specialist, Division of Contracts and Grants Management (HFA-500), Food and Drug Administration, 5630 Fishers Lane, Rockville, MD 20857, 301-827-7168, e-mail: *Gladys.Melendez_Bohler@fda.hhs.gov* . A copy of the complete Request for Applications
(RFA)can also be viewed on FDA's Center for Food Safety and Applied Nutrition Web site at *http://www.foodsafety.gov/nfsg/fsggrant.html* (FDA has verified the Web site and its address but we are not responsible for changes to the Web site or its address after this document publishes in the **Federal Register** .) IV. Submission Dates and Times The application receipt date is September 25, 2006. The application will be accepted from 8 a.m. to 4:30 p.m., Monday through Friday until the established receipt date. The application will be considered received on time if hand delivered to the address noted previously (see section III of this document) before the established receipt date, or sent or mailed by the receipt date as shown by a legible U.S. Postal Service dated postmark or a legible dated receipt from a commercial carrier. Private metered postmarks shall not be acceptable as proof of timely mailing. If not received on time the application will not be considered for review and will be returned to the applicant. (Applicants should note the U.S. Postal Service does not uniformly provide dated postmarks. Before relying on this method, applicants should check with their local post office). Please do not send applications to the Center for Scientific Research
(CSR)at the National Institutes of Health (NIH). Any application sent to NIH/CSR that is forwarded to the FDA Grants Management Office and not received in time for orderly processing will be judged non-responsive and returned to the applicant. Currently, FDA is unable to receive applications electronically. The applicant is advised that FDA does not adhere to the page limitations or the type size and line spacing requirements imposed by NIH for its applications. Dated: August 18, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6-14109 Filed 8-24-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Office of Clinical and Preventive Services; Division of Nursing Services, Public Health Nursing *Announcement Type:* New competitive *Funding Announcement Number:* HHS-2006-IHS-NU-0001 *Catalog of Federal Domestic Assistance Number(s):* 93.933 *Key Dates: Application deadline Date:* September 15, 2006. *Review Date:* September 20-22, 2006. *Award Announcement Date:* September 25, 2006. *Earliest Anticipated Start Date:* September 29, 2006. 1. Funding Opportunity Description The Indian Health Service (IHS), Office of Clinical and Preventive Services, Division of Nursing Services announces competitive grant applications for Public Health Nurse
(PHN)Disease Prevention and Health Promotion (DPHP). This program is authorized by the Snyder Act, 25 U.S.C. 13; Section 301(a), Public Health Service Act, as amended; and Indian Health Care Improvement Act, 25 U.S.C. 1652. This program is described at 93.933 in the Catalog of Federal Domestic Assistance. The Public Health Nursing
(PHN)Service is the prevention of illness, promotion and maintenance of health through the provision of therapeutic services, counseling, education and advocacy services. This is accomplished through assessment and identification of the individual, family and community needs, promotion of consumer participation in establishing health goals, planning programs to meet identified needs and coordination of community health programs and services. The public-health nursing program is flexible and individualized to meet needs within existing resources and takes into account prevailing economic, cultural, social, and geographic characteristics. Tribal PHN Programs may submit applications for review. The highest scored applications will be funded for two years based on availability of funds and satisfactory progress. The content of the application should relate directly to the basic emphasis of the PHN program's scope of services as indicated by American Nursing Association PHN Standards of Care, Government Performance Results Act
(GPRA)measures associated with PHN practice such as: Alcohol Screening (Fetal Alcohol Syndrome
(FAS)Prevention); Domestic (Intimate Partner) Violence Screening; Breast feeding; Childhood Immunization; Adult Immunization; CVD Prevention (Cholesterol Screening); Obesity Assessment; Tobacco Use Assessment; Prenatal Human Immunodeficiency Virus
(HIV)Screening; and sound program planning and evaluation principles. Proposal must include measurable health outcomes. Outline goals and anticipated results linked to outcome objectives, process objectives, and proposed activities performed in the home or community setting as demonstrated through quality data improvement of these activities. II. Award Information *Type of Awards:* Grant *Estimated Funds Available:* The total amount identified for project period is $2,352,000. The total for each 12 month period is $1,176,000. The awards are for 24 months in duration and the average award is approximately $100,000. Awards under this announcement are subject to availability of funds and satisfactory performance. *Anticipated Number of Awards:* 11 awards will be made under the Program. *Project Period:* 24 months. *Award Amount:* $100,000 per year. III. Eligibility Information 1. Eligible Applicants must be one of the following (please specify in the application which category applies to each applicant): A. Federally-recognized Indian Tribe, B. Non-Profit Urban Indian Organization as defined by Urbans-25 U.S.C. 1603(f), or C. Non-Profit Tribal organizations as defined by Indian Health Care Improvement Act (IHCIA), 25 U.S.C. 1603(e). 2. Supporting Documentation to Determine Eligibility: A. Tribal Resolution—If the applicant is an Indian Tribe or Tribal organization, a resolution from the Tribal government of all Tribes to be served supporting the project must accompany the application submission. Applications by Tribal organizations will be require resolutions if the current Tribal resolutions under which they operate would encompass the proposed activities. In this instance a copy of the current resolution must accompany the application. The list of Tribes to be served by the project in the proposal must match the set of appended resolutions. If a resolution from an appropriate representative of each Tribe to be served is not submitted, the application will be considered incomplete and will not be considered for funding. No documents will be accepted as separate mailings to be added to proposals; all documents, Tribal resolutions, etc., must accompany the submission as one complete proposal. B. Non-Profit applicants must submit proof of non-profit status. A current IRS tax exemption certificate or a copy of 501(c)3 form is required proof that must accompany all applications. 3. Cost Sharing or Matching The PHN PHP does not require matching funds or cost sharing. 4. Other Requirements Applications with budgets exceeding $100,000 dollar amount will not be considered for review. IV. Application and Submission Information 1. Information regarding the application process may be obtained from either of the following persons: *Program Contact:* Cheryl Peterson, Division of Nursing Services, Indian Health Service, 801 Thompson Ave, Suite 300, Rockville, Maryland 20852,
(301)443-1840. *Grants Contact:* Martha Redhouse, Division of Grants Operations, Indian Health Service, 801 Thompson Ave, TMP Suite 360, Rockville, Maryland 20852,
(301)443-5204. 2. *Content and Form of Application Submission:* Under this specific announcement, only paper applications will be accepted. Grants.gov electronic transmission do not apply to this specific announcement. Applicants must submit a paper application (original and 2 copies) to the Division of Grants Operations at 801 Thompson Avenue, TMP Suite 360, Rockville, MD 29852. A. Standard Form 424, Application for Federal Assistance. B. Standard Form 424A, Budget Information—Non-Construction Programs. C. Standard Form 424B, Assurances—Non-Construction Programs (front and back). The application shall contain assurances to the Secretary that the applicant will comply with program regulations, 42 CFR part 36 Subpart H. D. Form PHS 5161-1, Certifications Web site: *http://www.psc.gov/forms/PHS/PHS-5161-1.pdf* E. Disclosure of Lobbying Activities. F. Table of Contents with corresponding numbered pages. G. Project Narrative (not to exceed 10 typed written pages-should address first year only if project is a multi-year request) that includes the following:
(1)Introduction and Need for Assistance.
(2)Work Plan.
(3)Project Evaluation.
(4)Organizational Capabilities and Qualifications.
(5)Categorical Budget line items and Budget Justification. H. Pre-application or letter of intent are not required under this announcement. Public Policy Requirements: all Federal-wide public policies apply to IHS grants with exception of Lobbying and Discrimination. Telecommunication for the hearing impaired is available at: 301-443-6394. 3. Form of Submission, Dates and Times: Applications must be received by September 15, 2006; 5 p.m. (EST). IHS will not acknowledge receipt of applications. Late applications will not be considered for review. 4. Intergovernmental Review: Executive Order 12372 requiring intergovernmental review is not applicable to this program. 5. Funding Restrictions: A. Obtain prior approval from the Program Official to determine whether Pre-award costs are allowable. B. The available funds are inclusive of direct and indirect costs. C. No more than one grant will be awarded per applicant and/or per Tribe. D. All funding for this grant will end after two years with no additional funds. E. Delinquent Federal Debts. No award shall be made to an applicant who has an outstanding delinquent Federal debt until either:
(1)The delinquent account is paid in full; or
(2)A negotiated repayment schedule is established and at least one payment is received. 6. Other Submission Requirements *DUNS Number* Applicants are required to have a Dun and Bradstreet
(DUNS)number to apply for a grant or cooperative agreement from the Federal Government. The DUNS number is a nine-digit identification number, which uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access *http://www.dnb.com/us/* or call 1-866-705-5711. Interested parties may wish to obtain their DUNS number by phone to expedite the process. V. Application Review Information 1. Criteria The instructions for preparing the application narrative also constitute the evaluation criteria for reviewing and scoring the application. Weights assigned to each section are noted in parentheses. The narrative should include only the first year of activities. The narrative section should be written in a manner that is clear to outside reviewers unfamiliar with prior related activities of the applicant. It should be well organized, succinct, and contain all information necessary for reviewers to understand the project fully. a. Format—maximum of 10 pages (5 Points) • Be single spaced. • Be typewritten. • Have consecutively numbered pages. • Use black type not smaller than 12 characters per one inch. • Contain a narrative that does not exceed 10 typed pages that includes the other submission requirements below. The 10-page narrative does not include the work plan, standard forms, Tribal resolutions (if necessary), proof of NonProfit status, table of contents, budget, budget justifications, narratives, and/or other appendix items. b. Background/Problem Statement (10 Points) • Clearly state health problem. • Provide demographic information, prevalence rates of disease, and baseline health data to substantiate the proposal and need for services. • Describe how data collection will support the stated project objectives and how it will support the project evaluation in order to determine the impact of the project. Address how the proposed project will result in health improvements. • Name of facility, location, type of site (Direct Care, Title I, Title III). • Contact person and phone number, address, e-mail address, fax number. c. Goals and Objectives (25 Points) • Establish two to three measurable objectives within a plan that will provide significant outcome. Goals/Objectives should be specific with a realistic time line. d. Methodology/Activities (30 Points) • Describe the activities that will be implemented in a work plan to meet the objectives. The work plan should be directly related to the objectives. • Describe how you will monitor the objectives (chart reviews, survey, etc.) • Describe any collaborative efforts with programs outside of PHN. e. Budget (15 Points) • Discuss all expected/known expenses of the prevention program for years 1 and 2. • Provide justification of the funds requested for years 1 and 2 by the site. • Provide a succinct description of specific roles and activities of each person involved in the proposed project and their ability to perform in that capacity. f. Evaluation (15 Points) Describe the methods for evaluating the project activities. Each proposed project objective should have an evaluation component and the evaluation activities should appear on the work plan. At a minimum, projects should describe plans to collect or summarizes evaluation information about all project activities. Please address the following for each of the proposed objectives: • Describe the data that will be reviewed and what data will be collected to evaluate the success of the objective(s)? • How the data will be collected to assess the program's objective(s) (e.g., methods used such as, but not limited to focus groups, surveys, interviews, or other data collection activities)? • When the data will be collected and the data analysis completed? • The extent to which there are specific data sets, data bases or registries already in place to measure/monitor meeting objective. • Who will collect the data and any cost of the evaluation (whether internal or external)? • Where and to whom the data will be presented? • Address anticipated obstacles to the success of the proposal such as underlying causes and the nature of their influence on accomplishing the objectives. • Describe how the prevention project will be evaluated. • Describe the process that will be used to follow-up on the findings/conclusions. When the applicant is approved for funding, the award recipient must comply with the proposal or provisions may result in withholding of support of other eligible projects. 2. Review and Selection Process a. The review committee(s) will review each proposal according to the guideline requirements of the program announcement and undertake an indept evaluation based on the reviewer's findings, recommendations, scoring, and approval or disapproval. The final selection determination will be made by PHN Nurse Consultant. b. All application meeting the proposal requirements will be scored. c. The final score will be ranked by the total of the numerical scores divided by the number of reviewers scoring the application and read into the record. d. Each reviewer will use the score sheet when evaluating proposals, a signature and date will complete the evaluation record which will be returned to the committee chairperson. e. The review committee may provide differing scores to the chairperson for discussion, resolution, and committee consensus. f. The review will be conducted in accordance with the IHS Objective Review Guidelines. The applications will be evaluated and rated on the basis of the evaluation criteria. g. The Executive Summary will be used to provide advice to the program officials in making award decisions and comments to applicants. • The review committee chairperson will incorporate an executive summary of the review, findings, recommendation, and comments of the project type, and proposal scores. Executive summary will be required at the close of announcement. • The reviewers written evaluation will be used by the selecting official. 3. Anticipated Announcement and Award Dates *Announcement of award status:* September 25, 2006. *Award Date:* September 29, 2006. VI. Award Administration Information 1. Applicants which are approved and funded will be notified through a Notice of Grant Award
(NoA)initiated by the Division of Grants Operations and signed by the Grants Management Officer. The NoA will serve as the only official notification of a grant award and will state the amount of Federal funds awarded, the purpose of the grant, the effective date of the awards, the project period and the budget period. The notification of ineligibility will include information regarding the rationale for the decision of ineligibility citing specific information from the original grant application. Applicants who are approved but unfunded and disapproved applicants will receive a copy of the Executive Summary which identifies the weaknesses and strengths of the application submitted. Pre-award costs are subject to prior approval from the awarding agency. 2. Administrative and National Policy Requirements Grants are administered in accordance with the following documents: A. This program announcement. B. 45 CFR Part 92, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Tribal Governments”, or 45 CFR Part 74, “Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Non-Profit Organizations, and Commercial Organizations”. C. PHS Grants Policy Statement, Revised April 1994. D. Appropriate Cost Principles: OMB Circular A-87, “State, Local, and Indian Tribal Governments,” or OMB Circular A-122, “Non-Profit Organizations”. E. OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”. 3. Reporting. A. Program progress reports are required within 30 days of the completion of the semi-annual report (commencing with the award date). These reports will include a brief comparison of actual accomplishments to the goals established for the period, reasons for slippage (if applicable), and other pertinent information as required. Specific requirements for the GPRA performance measures will be identified in the terms and conditions of the award for all applicants that are identified for funding. A final report must be submitted within 90 days of expiration of the budget/project period (at the end of each year of funding). B. Financial Status Reports must be submitted within 30 days of the semi-annual report (commencing with the award date). Final financial status reports are due within 90 days of expiration of the budget/project period (at the end of each year of funding). Standard Form 269 (long form) will be used for financial reporting. Failure to submit required reports within the time allowed may result in suspension or termination of an active grant, withholding of additional awards for the project, or other enforcement actions such as withholding of payments or converting to the reimbursement method of payment. Continued failure to submit required reports may result in one or both of the following:
(1)The imposition of special award provisions; and
(2)the non-funding or non-award of other eligible projects or activities. This applies whether the delinquency is attributable to the failure of the grantee organization or the individual responsible for preparation of the reports. VII. For Program-Related Information Regarding PHN: 1. Cheryl Peterson—Office of Clinical and Preventive Services (OCPS), Division of Nursing Services, IHS, 801 Thompson Ave., Suite 329, Rockville, Maryland 20852,
(301)443-1840. 2. For general information regarding this announcement: Ms. Orie Platero, OCPS, IHS, 801 Thompson Avenue, Suite 326, Rockville, Maryland 20852,
(301)443-2522. 3. For specific grant-related and business management information: Ms. Martha Redhouse, Division of Grants Operations, IHS, 801 Thompson Avenue, TMP Suite 360, Rockville, Maryland 20852,
(301)443-5204. VIII. Other Information The Department of Health and Human Services
(HHS)is committed to achieving the health promotion and disease prevention objectives of Healthy People 2010, a HHS led activity for setting priority areas. This project will aid the accomplishment of Healthy People 2010 Focus Area 1—Access. Specifically, it will aid the accomplishment of objective 1-15, “Increase the proportion of persons with long-term care needs who have access to the continuum of long-term care services.” Potential applicants may obtain a printed copy of Healthy People 2010 (Summary Report No., 017-001-00549-5), or CD-ROM, Stock No. 017-001-00549-5, through the Superintendent of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7945,
(202)512-1800. You may also access this information at the following Web site: *http://www.healthypeople.gov/Publications.* The IHS is focusing efforts on three Health Initiatives that, linked together, have the potential to achieve positive improvements in the health of American Indian and Alaska Native people. These three initiatives are Health Promotion/Disease Prevention, Management of Chronic Disease, and Behavioral Health. Further information is available at the Health Initiative Web sites at: *http://www.ihs.gov/NonMedicalPrograms/DirInititives/index.cfm.* Dated: August 21, 2006. Phyllis Eddy, Deputy Director for Management Operations, Indian Health Service. [FR Doc. 06-7134 Filed 8-24-06; 8:45 am]
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CFR
U.S. Code
- Additional powers of Commission§ 46
- Limitation on liability where claims are disallowed§ 1395pp
- Description of program§ 1395c
- Definitions§ 3502
- Federal agency responsibilities§ 3506
- New animal drugs§ 360b
- Research and investigations generally§ 241
- Expenditure of appropriations by Bureau§ 13
- Contracts with, and grants to, urban Indian organizations§ 1652
- Definitions§ 1603
register
12 references not yet in our index
- 38 Stat. 721
- 42 CFR 405.2133
- 45 CFR 5
- 42 CFR 405.2110
- 42 CFR 405.2112
- Pub. L. 108-173
- 44 USC 3501-3520
- 5 CFR 1320.3(c)
- 21 CFR 515
- 42 CFR 36
- 45 CFR 92
- 45 CFR 74
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Proposed Consent Agreement
Stat.38 Stat. 721
Cite42 CFR 405.2133
Cite45 CFR 5
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