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Code · REGISTER · 2006-08-30 · FEDERAL COMMUNICATIONS COMMISSION · Notices

Notices. Notice

11,123 words·~51 min read·/register/2006/08/30/06-7228

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BILLING CODE 0690-01-M FEDERAL COMMUNICATIONS COMMISSION Public Information Collection(s) Requirement Submitted to OMB for Emergency Review and Approval August 24, 2006. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13.
An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act
(PRA)that does not display a valid control number. Comments are requested concerning
(a)whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility;
(b)the accuracy of the Commission's burden estimate;
(c)ways to enhance the quality, utility, and clarity of the information collected; and
(d)ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act
(PRA)comments should be submitted on or before September 29, 2006. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible. ADDRESSES: Direct all PRA comments to Kristy L. LaLonde, Office of Management and Budget, Room 10234 NEOB, Washington, DC 20503,
(202)395-3087, or via fax at 202-395-5167 or via internet at *Kristy_L._LaLonde@omb.eop.gov* . and to Judith B. Herman, Federal Communications Commission, Room 1-B441, 445 12th Street, SW., Washington, DC 20554 or an e-mail to *PRA@fcc.gov* . If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: *http://www.fcc.gov/omd/pra* . FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202-418-0214 or via the Internet at *Judith-B.Herman@fcc.gov* . SUPPLEMENTARY INFORMATION: *The Commission is requesting emergency OMB processing of this information collection and has requested OMB approval by September 11, 2006* . *OMB Control Number:* 3060-0798. *Title:* FCC Application for Wireless Telecommunications Bureau Radio Service Authorization. *Form No.:* FCC Forms 601. *Type of Review:* Revision of a currently approved collection. *Respondents:* Business or other for-profit, not-for-profit institutions, state, local and tribal government. *Number of Respondents:* 250,920. *Estimated Time Per Response:* 1.25 hours (average). *Frequency of Response:* On occasion reporting requirement. *Total Annual Burden:* 219,505 hours. *Total Annual Cost:* $50,144,000. *Privacy Act Impact Assessment:* N/A. *Needs and Uses:* The Commission is seeking emergency processing of this information collection by September 11, 2006. The Commission is requesting emergency OMB approval to modify the FCC Form 601 to implement a modified information collection by the conclusion of the ongoing Auction 66 for wireless spectrum. The FCC Form 601, specifically Schedule B, is being modified in order to ensure that the Commission will receive from winning bidders claiming special designated entity benefits all information necessary to permit the Commission to review the qualifications of that winning bidder to receive such benefits. While the FCC Form 601, Schedule B, already requires the submission of most of the information that the Commission requires to conduct this review, this requested information collection modification will ensure that the Commission receives additional information as mandated by a recent Commission order revising the rules applicable to entities seeking designated entity benefits. The Commission uses the information provided by applicants on FCC Form 601 to update its database and to determine if the applicant is legally, technically and financially qualified to provide licensed services and to make proper use of the frequency spectrum. The information collected pursuant to this modified information collection will be used to ensure that only legitimate designated entities, as defined by the Commission's rules, reap the benefits of the Commission's designated entity program. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E6-14436 Filed 8-29-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [WC Docket No. 06-159; DA 06-1603] Neutral Tandem Petition for Interconnection AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: This document establishes the pleading cycle for comments on a petition for interconnection filed by Neutral Tandem. This action is necessary to notify interested parties of the dates by which comments and reply comments on Neutral Tandem's petition should be filed. The intended effect of this action is to establish a record on which the Commission can base a decision on Neutral Tandem's petition seeking interconnection with Verizon Wireless. DATES: Submit comments on or before September 8, 2006. Submit reply comments on or before September 25, 2006. ADDRESSES: You may submit comments, identified by WC Docket No. 06-159, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Agency Web site: *http://www.fcc.gov.* Follow the instructions for submitting comments on the Electronic Comment Filing System (ECFS); *http://www.fcc.gov/cgb/ecfs/.* • E-mail: To *victoria.goldberg@fcc.gov.* Include WC Docket No. 06-159 in the subject line of the message. • Fax: To the attention of Victoria Goldberg at 202-418-1587. Include WC Docket No. 06-159 on the cover page. • Mail: All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Victoria Goldberg, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-A266, 445 12th Street, SW., Washington, DC 20554. • Hand Delivery/Courier: The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. —The filing hours at this location are 8 a.m. to 7 p.m. —All hand deliveries must be held together with rubber bands or fasteners. —Any envelopes must be disposed of before entering the building. —Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. *Instructions:* All submissions received must include the agency name and docket number. All comments received will be posted without change to *http://www.fcc.gov/cgb/ecfs/* , including any personal information provided. For detailed instructions on submitting comments, see the “Comment Filing Procedures” heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jennifer McKee, Wireline Competition Bureau, Pricing Policy Division,
(202)418-1530, or Victoria Goldberg, Wireline Competition Bureau, Pricing Policy Division,
(202)418-7353. SUPPLEMENTARY INFORMATION: On August 2, 2006, Neutral Tandem, Inc., (Neutral Tandem) filed a petition for interconnection pursuant to sections 201(a) and 332(c)(1)(B) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 201(a) and 332(c)(1)(B). Neutral Tandem seeks to establish direct physical connections and through routes with Verizon Wireless, Inc. (Verizon Wireless). Specifically, Neutral Tandem requests that the Commission require Verizon Wireless to establish a connection, adequate for the relevant level of traffic, in all markets served by both Verizon Wireless and Neutral Tandem, for terminating traffic from Neutral Tandem. This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's *ex parte* rules. 47 CFR 1.1200 *et seq.* Persons making oral *ex parte* presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented generally is required. 47 CFR 1.1206(b)(2). Other requirements pertaining to oral and written presentations are set forth in § 1.1206(b) of the Commission's rules. 47 CFR 1.1206(b). Interested parties may file comments on or before September 8, 2006 and reply comments on or before September 25, 2006. Comments may be filed using the Commission's Electronic Comment Filing System
(ECFS)or by filing paper copies. Comments filed through the ECFS can be sent as an electronic file via the Internet to *http://www.fcc.gov/cgb/ecfs/* . Generally, only one copy of an electronic submission must be filed. If multiple docket or rulemaking numbers appear in the caption of the proceeding, commenters must transmit one electronic copy of the comments to each docket or rulemaking number referenced in the caption. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number, in this case, WC Docket No. 06-159. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to *ecfs@fcc.gov* , and should include the following words in the body of the message, “get form.” A sample form and directions will be sent in reply. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). Parties are strongly encouraged to file comments electronically using the Commission's ECFS. The Commission's contractor, Natek, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. —The filing hours at this location are 8 a.m. to 7 p.m. —All hand deliveries must be held together with rubber bands or fasteners. —Any envelopes must be disposed of before entering the building. —Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. —U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, Room TW-A325, 445 12th Street, SW., Washington, DC 20554. Parties should also send a copy of their filings to Victoria Goldberg, Pricing Policy Division, Wireline Competition Bureau, Federal Communications Commission, Room 5-A266, 445 12th Street, SW., Washington, DC 20554, or by e-mail to *Victoria.Goldberg@fcc.gov* . Parties shall also serve one copy with the Commission's copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
(202)488-5300, or via e-mail to *fcc@bcpiweb.com* . Documents in WC Docket No. 06-159 will be available for public inspection and copying during business hours at the FCC Reference Information Center, Portals II, 445 12th St., SW., Room CY-A257, Washington, DC 20554. The documents may also be purchased from BCPI, telephone
(202)488-5300, facsimile
(202)488-5563, TTY
(202)488-5562, e-mail *fcc@bcpiweb.com* . These documents may also be viewed on the Commission's Web site at *http://www.fcc.gov/cgb/ecfs* . To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to *fcc504@fcc.gov* or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). Federal Communications Commission. Thomas J. Navin, Chief, Wireline Competition Bureau. [FR Doc. E6-14215 Filed 8-29-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL COMMUNICATIONS COMMISSION [DA 06-1639] Payment Methods and Procedures for Fiscal Year 2006 Regulatory Fees AGENCY: Federal Communications Commission. ACTION: Notice. SUMMARY: By this document, the Commission announces, the FY 2006 regulatory fee payment window is now available to accept the annual regulatory fees from licensees and regulatees. DATES: Payments due September 6, 2006 through September 19, 2006, 11:59 p.m. ADDRESSES: Mail payment of billed regulatory fees to Federal Communications Commission, Regulatory Fees, P.O. Box 358365, Pittsburgh, PA 15251-5365. Courier delivery address of billed regulatory fees to Federal Communications Commission, Regulatory Fees, c/o Mellon Client Service Center, 500 Ross Street, Room 670, Pittsburgh, PA 15262-0001, Attn: FCC Module Supervisor. See SUPPLEMENTARY INFORMATION for payment procedures for all other entities. FOR FURTHER INFORMATION CONTACT: Regina Dorsey, Special Assistant to the Chief Financial Officer, at 1-202-418-1993, or by e-mail at *regina.dorsey@fcc.gov* . SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public Notice, released August 21, 2006. The complete text of the Public Notice is available for public inspection and copying from 8 a.m. to 4:30 p.m. Monday through Thursday or from 8 a.m. to 11:30 p.m. on Friday at the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554 or via the internet at *http://www.fcc.gov/fees/regfees.html.* Licensees and regulatees who are required to pay annual regulatory fees pursuant to 47 U.S.C. 159 (Pub. L. 103-66) must make their Fiscal Year (FY 2006) fee payments by 11:59 p.m. on September 19, 2006. The official fee payment window will open on September 6, 2006, but payments may be sent prior to September 6. Payments received after 11:59 p.m. on September 19, 2005 will be assessed a 25% late payment penalty. The Commission is required by Congress to collect regulatory fees to recover the regulatory costs associated with its enforcement, policy, rulemaking, user information, and international activities. Licensees and regulatees pay differing fees dependent on a variety of factors, such as the number of subscribers, number of assigned telephone numbers, or revenue, etc. For more information, on how the FY 2006 regulatory fees were determined or instructions on how to make payment, go to *http://www.fcc.gov/fees/regfees.html* . Federal Communications Commission. Anthony J. Dale, Managing Director, Office of the Managing Director. [FR Doc. E6-14433 Filed 8-29-06; 8:45 am] BILLING CODE 6712-01-P FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 010099-044. *Title:* International Council of Containership Operators. *Parties:* A.P. Moller-Maersk A/S; ANL Container Line Pty Ltd.; American President Lines, Ltd.; APL Co. Pte. Ltd.; APL Limited; Atlantic Container Line AB; China Shipping Container Lines Co., Ltd.; CMA CGM, S.A.; Companhia Libra de Navegacao; Compania Sud-Americana de Vapores S.A.; COSCO Container Lines Company Limited; CP Ships USA LLC; Crowley Maritime Corporation; Delmas SAS; Evergreen Marine Corporation (Taiwan), Ltd.; Hamburg-Sud; Hanjin Shipping Co., Ltd.; Hapag-Lloyd AG; Hyundai Merchant Marine Co., Ltd.; Kawasaki Kisen Kaisha, Ltd.; Malaysian International Shipping Company Berhad; Mediterranean Shipping Company S.A.; Mitsui O.S.K. Lines, Ltd.; Montemar Maritima S.A.; Neptune Orient Lines, Ltd.; Nippon Yusen Kaisha; Norasia Container Line Limited; Orient Overseas Container Line, Limited; Pacific International Lines
(Pte)Ltd.; Safmarine Container Line N.V.; United Arab Shipping Company (S.A.G.); Wan Hai Lines Ltd.; Yang Ming Transport Marine Corp.; and Zim Integrated Shipping Services Ltd. *Filing Party:* John Longstreth, Esq.; Preston Gates Ellis & Rouvelas Meeds LLP; 1735 New York Avenue, Suite 500; Washington, DC 20006-5209. *Synopsis:* The amendment reflects the organizational consolidation of Hapag-Lloyd and the integration of the CP Ships companies under Hapag-Lloyd. *Agreement No.:* 011938-002. *Title:* HSDG/Alianca/CSAV/Libra/Montemar Cooperative Working Agreement. *Parties:* Hamburg-Sud; Alianca Navegacao e Logistica Ltda. e CIA; Compania Sud Americana de Vapores, S.A.; Companhia Libra de Navegacao; and Montemar Maritima S.A. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The amendment would revise Article 5.1(a) to authorize the chartering of additional space to Hamburg-Sud and Alianca and the sub-chartering of such space by these lines to CMA CGM. It also makes a corresponding change and a technical correction to Article 5.1(c). *Agreement No.:* 011972. *Title:* HSDG/Alianca/CMA CGM Space Charter Agreement. *Parties:* Alianca Navegacao e Logistica Ltda e CIA (“Alianca”); CMA CGM S.A.; and Hamburg-Sudamerikanische Dampfschifffahrts-Gesellschaft KG (“Hamburg-Sud”). *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW.; Suite 900; Washington, DC 20036. *Synopsis:* The agreement would authorize Hamburg-Sud and Alianca to charter space to CMA CGM between the U.S. East Coast and Brazil and Venezuela. It would also authorize the parties to engage in a limited range of cooperative activities in connection with the chartering of space. By Order of the Federal Maritime Commission. Dated: August 25, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-14448 Filed 8-29-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel-Operating Common Carrier and Ocean Freight Forwarder-Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel-Operating Common Carrier Ocean Transportation Intermediary Applicants Benco Shipping International, LLC, 9450 Skillman Street, Suite 101, Dallas, TX 75243, Ben C. Ukwu, Managing Member, Sole Proprietor. Mercury Cargo Services, Inc., 14547 Titus Street, Suite 203, Panorama City, CA 91402, *Officers:* Pedro Tandoc, President, (Qualifying Individual), Jun Soriano, Vice President. Ocean Freight Forwarder-Ocean Transportation Intermediary Applicant Thomas Griffin International, Inc., 15903 Kent Ct., Tampa, FL 33647-1402, *Officer:* Thomas Griffin, President, (Qualifying Individual). Dated: August 25, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-14455 Filed 8-29-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Reissuance Notice is hereby given that the following Ocean Transportation Intermediary license has been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984, (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR 515. License No. Name/address Date reissued 016017N Carotrans International, Inc., 2401 Morris Avenue, 2nd Floor, West Union, NJ 07083 June 18, 2006. Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6-14440 Filed 8-29-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocations The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below: *License Number:* 014272N. *Name:* CDC USA, Inc. *Address:* 2000 Kennedy Avenue, 3rd Floor, San Juan, PR 00920. *Date Revoked:* July 10, 2006. *Reason:* Failed to maintain a valid bond. *License Number:* 016680F. *Name:* International Freight Express (USA), Inc. *Address:* 147-39 175th St., Suite 206A, Jamaica, NY 11434. *Date Revoked:* June 5, 2006. *Reason:* Failed to maintain a valid bond. *License Number :* 014695N. *Name:* Sumikin International Transport (U.S.A.), Inc. dba Sitra. *Address:* 2180 South Wolf Road, Des Plaines, IL 60018. *Date Revoked:* July 19, 2006. *Reason:* Surrendered license voluntarily. Peter J. King, Deputy Director, Bureau of Certification and Licensing. [FR Doc. E6-14442 Filed 8-29-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 25, 2006. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. First Charter Corporation* , Charlotte, North Carolina; to merge with GBC Bancorp, Inc., Lawrenceville, Georgia, and thereby indirectly acquire Gwinnett Banking Company, Lawrenceville, Georgia. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Blackridge Financial, Inc.* , Fargo, North Dakota; to acquire 100 percent of the voting shares of Carlos Bancshares, Inc., Alexandria, Minnesota, and thereby indirectly acquire voting shares of First State Bank of Alexandria, Alexandria, Minnesota. Board of Governors of the Federal Reserve System, August 25, 2006. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E6-14447 Filed 8-29-06; 8:45 am] BILLING CODE 6210-01-S FEDERAL TRADE COMMISSION [File No. 051 0137] New Century Health Quality Alliance, Inc., Prime Care of Northeast Kansas, L.L.C., et al.; Analysis of 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 22, 2006. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to “New Century Health Quality Alliance, et al., File No. 051 0137,” 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 e-mail 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 *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: David Narrow, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580,
(202)326-2744. 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 24, 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 has accepted, subject to final approval, an agreement containing a proposed consent order with New Century Health Quality Alliance, Inc. (“New Century”), Prime Care of Northeast Kansas (“Prime Care”), four current or former officials of New Century or Prime Care, and 18 physician practices that are members of New Century or Prime Care (collectively referred to as “Proposed Respondents”). New Century and Prime Care each are a type of physician joint venture known as an independent practice association (IPA). The New Century and Prime Care IPAs were comprised of competing physician practices in the Kansas City area who came together to jointly offer their services to certain payors who sought to purchase the physicians' services under capitation payment arrangements. Through the IPAs, the physicians shared financial risk that the services provided under the contracts might exceed the capitation payment from the payor to the IPA. In addition to together offering capitation risk-sharing contracts through the IPAs, each individual physician practice also continued to offer and sell its medical services to individual patients and payors on a fee-for-service basis as the physician practice's primary method of doing business. At various times, certain payors attempted to purchase the services of the individual physician practices in New Century and Prime Care not as part of the IPAs' risk-sharing capitation contracts as the payors had done in the past, but rather directly and on an individual fee-for-service basis. Although the physician practices continued to offer their services in competition with one another individually and on a fee-for-service basis in the market to other payors, the physician practices, acting through New Century and Prime Care and their officials, agreed that they would only sell their services to those payors through capitation contracts entered into between the payors and the IPAs. The physician practices did this because they believed that they would receive lower payments under the direct, fee-for-service arrangements than they were making under the capitation contracts with the payors. The four named officials led New Century's and Prime Care's efforts to force the payors to deal through the IPAs in order to obtain access to the services of those physician practices, and actively encouraged the physician practice members of New Century and Prime Care to refuse to deal individually with health plans outside the IPAs. Each of the 18 named physician practices took one or more affirmative actions in furtherance of the illegal agreement alleged in the proposed Complaint. In the absence of market power, jointly offering medical services on a capitation risk-sharing basis through New Century and Prime Care may be lawful and even procompetitive. However, the agreement by the physician members of New Century and Prime Care, respectively, to provide capitation risk contracts through each IPA does not justify their agreements not to deal, or only to deal on collectively determined terms, including price terms, regarding the sale of the individual physician practices' services outside the joint ventures. The member physicians' practices have not been fully integrated through either of the IPAs, and the individual physician practices in each IPA continue to compete with each other outside the IPAs in the sale of their services on a fee-for-service basis. Moreover, the offering by each IPA of capitation risk contracts does not justify the agreement of the two IPAs, at various times, to coordinate their actions, and the actions of their physician members, regarding the separate capitation risk contracts that each IPA had with payors. Neither the two IPAs, nor their respective physician memberships, were integrated at all with each other regarding those separate capitation risk contracts. Likewise, the IPAs' offering of capitation risk contracts, either separately or together, does not justify the two IPAs' agreement to act together, and their joint actions, regarding the sale of their individual member physician practices' medical services on a fee-for-service basis outside of the IPAs. The agreement settles charges that the Proposed Respondents violated Section 5 of the Federal Trade Commission Act, 15 U.S.C. 45, by entering into, orchestrating, and implementing agreements to fix prices and other contract terms on which the physician practice members of the IPAs would deal with health plans. Even though the physician practice members offered their services jointly regarding their capitation risk contracts through the IPAs, they remained competitors in the sale of physician services and their refusals to deal with health plans except collectively and on collectively-determined terms through the IPAs violated Section 5. The proposed consent order has been placed on the public record for 30 days to receive comments from interested persons. Comments received during this period will become part of the public record. After 30 days, the Commission will review the agreement and the comments received, and will decide whether it should withdraw from the agreement or make the proposed order final. The purpose of this analysis is to facilitate public comment on the proposed order. The analysis is not intended to constitute an official interpretation of the agreement and proposed order, or to modify their terms in any way. Further, the proposed consent order has been entered into for settlement purposes only and does not constitute an admission by Proposed Respondents that they violated the law or that the facts alleged in the complaint (other than jurisdictional facts) are true. The Complaint The allegations of the Complaint are summarized below. New Century is an independent practice association (“IPA”) that consists of 16 medical practice groups with a total of approximately 87 primary care physicians who treat patients in the Kansas City area. Prime Care also is an IPA, and consists of nine medical practice groups with a total of about 40 primary care physicians who treat patients in the Kansas City area. In 2002, the two IPAs began combining their Board meetings, offices, and administrative staff and operations. They voted to merge into a single entity, effective January 1, 2005, but never completed the steps legally necessary to consolidate. At various times, the physician practice members of New Century and Prime Care, acting jointly through those IPAs and their officials, and with the two IPAs acting either in concert or separately on different occasions, refused to deal with various health plans on any terms except by contracting through the IPAs and on a capitated basis. Most recently, in 2004 and 2005, the physician practice members of New Century and Prime Care, acting together through the two IPAs and their officials, agreed to refuse to contract, and did refuse to contract, with Humana Health Plan, Inc. (“Humana”) regarding its offers of fee-for-service payment contracts with the individual physician practices. Humana notified New Century and Prime Care of its intention to eliminate its use of capitated arrangements in the Kansas City area, and also notified them of its intention to terminate the separate, pre-existing, capitated contracts it had with each IPA. Before the capitated contract terminations were to become effective, Humana attempted to enter into new, individual, fee-for-service contracts with each of the physician practices that were members of New Century or Prime Care. However, New Century's and Prime Care's physician members agreed that they would deal with Humana only through their IPAs, acting in concert, and only on terms, including price terms, that were collectively agreed upon by the IPAs' physician practice members. These demands included, among other things, continued joint contracting, payment by capitation, and a 30% increase in physician reimbursement under one health plan contract. New Century and Prime Care, and their physician practice members, realized that together, with approximately 125 primary care physicians concentrated in certain parts of the Kansas City Area, they would have a better chance of forcing health plans, including Humana, to accept their contract demands. For example, they and their member physician practices were aware that Humana would be unable to offer certain of its programs to customers in the Kansas City area without the New Century and Prime Care physicians under contract as participating providers, and used that information to attempt to coerce Humana to accede to their contract demands. When Humana objected to New Century and Prime Care's demands, and refused to contract on a capitated basis or otherwise to deal with New Century or Prime Care in attempting to contract with the physician practices, New Century and Prime Care embarked on a multi-faceted campaign to encourage employers, brokers, and patients to put pressure on Humana to accept the contract terms demanded by the IPAs. Among the actions taken in furtherance of the challenged agreement were that various physician practice members of New Century and Prime Care, with the active encouragement and assistance of New Century and Prime Care officials: notified Humana that they were closing their medical practices to new patients covered by Humana's programs; mailed or distributed notices to patients covered by Humana programs informing the patients of impending disruption in their physician care due to Humana's refusal to enter into a contract with the physicians on acceptable terms; and rebuffed efforts by Humana to contract with the individual physician practices, referring Humana back to New Century and Prime Care for all contracting issues. By the acts set forth in the Complaint, the Proposed Respondents violated Section 5 of the FTC Act. The Proposed Consent Order The proposed order is designed to remedy the illegal conduct charged in the Complaint and prevent its recurrence. It is similar to recent consent orders that the Commission has issued to settle charges that physician groups engaged in unlawful agreements to raise fees they receive from health plans. The proposed order's specific provisions are as follows: Paragraph II.A prohibits the Proposed Respondents from entering into, or facilitating, any agreement between or among any physicians:
(1)To negotiate with payors on any physician's behalf;
(2)to deal, not to deal, or threaten not to deal with payors;
(3)regarding on what terms to deal with any payor; or
(4)not to deal individually with any payor, or to deal with any payor only through an arrangement involving New Century or Prime Care. Other parts of Paragraph II reinforce these general prohibitions. Paragraph II.B prohibits the Proposed Respondents from facilitating exchanges of information between or among physicians concerning whether, or on what terms, to contract with a payor. Paragraph II.C bars attempts to engage in any action prohibited by Paragraph II.A or II.B, and Paragraph II.D proscribes the Proposed Respondents from inducing anyone to engage in any action prohibited by Paragraphs II.A through II.C. As in other Commission orders addressing providers' collective bargaining with health care purchasers, certain kinds of agreements are excluded from the general bar on joint negotiations. The Proposed Respondents would not be precluded from engaging in conduct that is reasonably necessary to form or participate in legitimate joint contracting arrangements among competing physicians in a “qualified risk-sharing joint arrangement” or a “qualified clinically-integrated joint arrangement.” The arrangement, however, must not facilitate the refusal of, or restrict, physicians in contracting with payors outside of the arrangement. As defined in the proposed order, a “qualified risk-sharing joint arrangement” possesses two key characteristics. First, all physician participants must share substantial financial risk through the arrangement, such that the arrangement creates incentives for the physician participants jointly to control costs and improve quality by managing the provision of services. Second, any agreement concerning reimbursement or other terms or conditions of dealing must be reasonably necessary to obtain significant efficiencies through the joint arrangement. A “qualified clinically-integrated joint arrangement,” on the other hand, need not involve any sharing of financial risk. Instead, as defined in the proposed order, physician participants must participate in active and ongoing programs to evaluate and modify their clinical practice patterns in order to control costs and ensure the quality of services provided, and the arrangement must create a high degree of interdependence and cooperation among physicians. As with qualified risk-sharing arrangements, any agreement concerning price or other terms of dealing must be reasonably necessary to achieve the efficiency goals of the joint arrangement. Paragraph III, for three years, requires New Century and Prime Care to notify the Commission before entering into any arrangement to act as an agent on behalf of any physicians, with payors regarding contracts. Paragraph III also sets out the information necessary to make the notification complete. Paragraph IV, for three years, requires the Proposed Respondents to notify the Commission before participating in contracting with health plans on behalf of a qualified risk-sharing joint arrangement, or a qualified clinically-integrated joint arrangement. The contracting discussions that trigger the notice provision may be either among physicians, or between New Century or Prime Care and health plans. Paragraph IV also sets out the information necessary to satisfy the notification requirement. Paragraph V provides that, for three years, the New Century and Prime Care officials named in the proposed complaint and order may not:
(1)Negotiate or act as an agent on behalf of any physician or medical group practice that participates or has participated in either New Century or Prime Care; or
(2)advise any physician or medical group practice that participates in or has participated in either New Century or Prime Care on contracts, offers, contract terms, conditions, or requirements for dealing with any payors. Exempted from Paragraph V's prohibition are the officials' participation in:
(1)Certain qualified risk-sharing joint arrangements;
(2)certain qualified clinically-integrated joint arrangements; and
(3)activities that solely involve physicians in a medical group practice in which the official participates. For three years, Paragraph VI requires both New Century and Prime Care, respectively, to distribute the complaint and order:
(1)To all physicians who have participated in the IPAs, who currently participate in the IPAs, or who express interest in participating in the IPAs; and
(2)to payors that have negotiated contracts with the IPAs, or that contract with the IPAs in the future. Paragraphs VII, VIII, IX, and X of the proposed order impose various obligations on the Proposed Respondents to report or provide access to information to the Commission to facilitate the monitoring of compliance with the order. Paragraph XI provides that the proposed order will expire in 20 years. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E6-14360 Filed 8-29-06; 8:45 am] BILLING CODE 6750-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Advisory Committee on Childhood Lead Poisoning Prevention (ACCLPP) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), National Center for Environmental Health
(NCEH)announces the following committee meeting. *Name:* Advisory Committee on Childhood Lead Poisoning Prevention (ACCLPP). *Times and Dates:* October 17, 2006, 8:30 a.m.-5 p.m., October 18, 2006, 8:30 a.m.-12:30 p.m. *Place:* Hilton St. Louis at the Ballpark, One South Broadway, St. Louis, MO 63102, Telephone: 314 421-1776 or Toll free 1-877-845-7354. *Status:* Open to the public, limited only by the space available. The meeting room accommodates approximately 75 people. *Purpose:* The Committee provides advice and guidance to the Secretary; the Assistant Secretary for Health; and the Director, CDC, regarding new scientific knowledge and technological developments and their practical implications for childhood lead poisoning prevention efforts. The committee also reviews and reports regularly on childhood lead poisoning prevention practices and recommends improvements in national childhood lead poisoning prevention efforts. *Matters To Be Discussed:* Update on the Lead and Pregnancy Workgroup activities, update on the clinical implications of blood lead levels
(BLL)less than 10 and discussions of laboratory capacity to analyze BLL <2 μg/dL. Agenda items are subject to change as priorities dictate. Opportunities will be provided during the meeting for oral comments. Depending on the time available and the number of requests, it may be necessary to limit the time of each presenter. *For Further Information Contact:* Claudine Johnson, Clerk, (Contractor) Lead Poisoning Prevention Branch, Division of Environmental Emergency Health Services, NCEH, CDC, 4770 Buford Hwy., NE., Mailstop F-40, Atlanta, GA 30341, telephone 770 488-3629,fax 770 488-3635. The Director, Management Analysis and Services Office has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: August 22, 2006. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6-14441 Filed 8-29-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel: State-Based Occupational Safety and Health Surveillance and Occupational Health and Safety Research, Request for Application
(RFA)PAR-04-106; and Occupational Health and Safety Research, RFA PAR-04-038 *Correction:* This notice was published in the **Federal Register** on August 17, 2006, Volume 71, Number 159, page 47498. The meeting has been changed to reflect an additional Request for Applications. *Title:* State-Based Occupational Safety and Health Surveillance and Occupational Health and Safety Research, RFA PAR-04-106; and Occupational Health and Safety Research, RFA PAR-04-038. *Contact Person for More Information:* M. Chris Langub, Scientific Review Administrator, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS E-74, Atlanta, GA 30333, Telephone 404.639.2543. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Dated: August 21, 2006. Alvin Hall, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6-14418 Filed 8-29-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Savannah River Site Dose Reconstruction Project AGENCY: The Centers for Disease Control and Prevention
(CDC)and the Agency for Toxic Substances and Disease Registry (ATSDR). ACTION: CDC and ATSDR announce the following meeting. *Name:* Public Meeting to Present Final Report of the Savannah River Site Dose Reconstruction Project. *Time and Date:* 6 p.m.-8 p.m., (Eastern Time), Tuesday, September 19, 2006. *Place:* University of South Carolina/Aiken, Conference Center/Business and Education Building, Room 122, 471 University Parkway, Parking Lot “C”, Aiken, South Carolina 29801. *Status:* Open to the public, limited only by the space available. The meeting room accommodates approximately 50 people. *Background:* Under a Memorandum of Understanding
(MOU)signed in December 1990 with DOE, and replaced by MOUs signed in 1996 and 2000, the Department of Health and Human Services
(HHS)was given the responsibility and resources for conducting analytic epidemiologic investigations of residents of communities in the vicinity of DOE facilities, workers at DOE facilities, and other persons potentially exposed to radiation or to potential hazards from non-nuclear energy production use. HHS delegated program responsibility to CDC. In addition, a memo was signed in October 1990 and renewed in November 1992, 1996, and in 2000, between ATSDR and DOE. The MOU delineates the responsibilities and procedures for ATSDR's public health activities at DOE sites required under sections 104, 105, 107, and 120 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”). These activities include health consultations and public health assessments at DOE sites listed on, or proposed for, the Superfund National Priorities List and at sites that are the subject of petitions from the public; and other health-related activities such as epidemiologic studies, health surveillance, exposure and disease registries, health education, substance-specific applied research, emergency response, and preparation of toxicological profiles. *Purpose:* CDC will present the Final Report of the Savannah River Site Dose Reconstruction Project to area stakeholders and provide a forum for community interaction. This meeting will also serve as a vehicle for members of the public to express concerns to CDC. *Matters To Be Discussed:* The National Center for Environmental Health
(NCEH)will make a presentation of the Final Report of the Savannah River Site Dose Reconstruction Project. There will be time for public questions and comments. Agenda items are subject to change as priorities dictate. *Contact Person For Additional Information:* Phillip R. Green, Public Health Advisor, Radiation Studies Branch, Division of Environmental Hazards and Health Effects, NCEH, CDC, 1600 Clifton Road, NE., (MS-E39), Atlanta, GA 30333, telephone 404/498-1717, fax 404/498-1811, or e-mail address: *prg1@cdc.gov* Dated: August 23, 2006. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention (CDC). [FR Doc. E6-14424 Filed 8-29-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Prospective Grant of Exclusive License: Prophylactic Use of Pneumococcal Surface Adhesin A Protein as a Vaccine AGENCY: Office of Technology Transfer; Centers for Disease Control and Prevention (CDC); Department of Health and Human Services. ACTION: Notice. SUMMARY: This is a notice in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i) that the Centers for Disease Control and Prevention (CDC), Technology Transfer Office, Department of Health and Human Services (DHHS), is contemplating the grant of a worldwide, limited field of use, exclusive license to practice the inventions embodied in the patent and patent applications referred to below to Intercell, having a place of business in Vienna, Austria. The patent rights in these inventions have been assigned to the government of the United States of America. The patent and patent applications to the licensed are: U.S. Patent No. 5,422,427 entitled “Pneumococcal Fimbrial Protein A,” issued 06.06.95. U.S. Patent No. 6,312,944 entitled “Pneumococcal Fimbrial Protein A,” issued 11.06.01. U.S. Patent No. 5,854,416 entitled “ *Streptococcus pneumoniae* 37-kDa Surface Adhesin A Protein and Nucleic Acids Coding Therefore,” issued 12.29.98 (CDC Ref: E-157-91/4). U.S. Patent No. 6,217,884 entitled “ *Streptococcus pneumoniae* 37-kDa Surface Adhesin A Protein,” issued 04.17.01. U.S. Patent No. 6,773,880 entitled “ *Streptococcus pneumoniae* 37-kDa Surface Adhesin A Protein,” issued 06.05.03. The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. ADDRESSES: Requests for a copy of these patent applications, inquiries, comments, and other materials relating to the contemplated license should be directed to Thomas E. O'Toole, MPH, Chief Licensing Officer, Technology Transfer Office, Centers for Disease Control and Prevention (CDC), 4770 Buford Highway, Mailstop K-79, Atlanta, GA 30341, telephone:
(770)488-8600; facsimile:
(770)488-8615. Applications for a license filed in response to this notice will be treated as objections to the grant of the contemplated license. Only written comments and/or applications for a license which are received by CDC within thirty days of this notice will be considered. Comments and objections submitted in response to this notice will not be made available for public inspection, and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. A signed Confidential Disclosure Agreement will be required to receive a copy of any pending patent application. Dated: August 21, 2006. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention. [FR Doc. E6-14423 Filed 8-29-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Advisory Committee on Special Studies Relating to the Possible Long-Term Health Effects of Phenoxy Herbicides and Contaminants (Ranch Hand Advisory Committee); Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Advisory Committee on Special Studies Relating to the Possible Long-Term Health Effects of Phenoxy Herbicides and Contaminants (Ranch Hand Advisory Committee). *General Function of the Committee* : To advise the Secretary and the Assistant Secretary for Health concerning its oversight of the conduct of the Ranch Hand study by the U.S. Air Force and provide scientific oversight of the Department of Veterans Affairs
(VA)Army Chemical Corps Vietnam Veterans Health Study, and other studies in which the Secretary or the Assistant Secretary for Health believes involvement by the committee is desirable. *Date and Time* : The meeting will be held on September 7, 2006, from 8:30 a.m. to 4 p.m. *Location* : Food and Drug Administration, 5630 Fishers Lane, rm. 1066, Rockville, MD 20857. *Contact Person* : Leonard Schechtman, National Center for Toxicological Research (HFT-10), Food and Drug Administration, 5600 Fishers Lane, rm. 16-85, Rockville, MD 20857, 301-827-6696, or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 3014512560. Please call the Information Line for up-to-date information on this meeting. *Agenda* : The committee will discuss the following items:
(1)Summary of Dioxin 2006 presentations;
(2)summary of Technical Reports and manuscripts;
(3)summary of transition activities. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before September 4, 2006. Oral presentations from the public will be scheduled between approximately 11:30 a.m. to 12:30 p.m. Time allotted for each presentation may be limited. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before September 4, 2006. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Leonard Schechtman at least 7 days in advance of the meeting. FDA regrets that it was unable to publish this notice 15 days prior to the September 7, 2006, Advisory Committee on Special Studies Relating to the Possible Long-Term Health Effects of Phenoxy Herbicides and Contaminants (Ranch Hand Advisory Committee) meeting. Because the agency believes there is some urgency to bring these issues to public discussion and qualified members of the Advisory Committee on Special Studies Relating to the Possible Long-Term Health Effects of Phenoxy Herbicides and Contaminants (Ranch Hand Advisory Committee) were available at this time, the Commissioner of Food and Drugs concluded that it was in the public interest to hold this meeting even if there was not sufficient time for the customary 15-day public notice. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: August 23, 2006. Randall W. Lutter, Associate Commissioner for Policy. [FR Doc. E6-14371 Filed 8-29-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of Title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Public Law 104-13), the Health Resources and Services Administration
(HRSA)publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget
(OMB)under the Paperwork Reduction Act of 1995. To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, call the HRSA Reports Clearance Officer on
(301)443-1129. Comments are invited on:
(a)The proposed collection of information for the proper performance of the functions of the agency;
(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Proposed Project: Children's Hospitals Graduate Medical Education Payment Program (CHGME PP) (OMB No. 0915-0247)—Revision The CHGME PP was enacted by Public Law 106-129 to provide Federal support for graduate medical education
(GME)to freestanding children's hospitals. This legislation attempts to provide support for GME comparable to the level of Medicare GME support received by other, non-children's hospitals. The legislation indicates that eligible children's hospitals will receive payments for both direct and indirect medical education. Direct payments are designed to offset the expenses associated with operating approved graduate medical residency training programs and indirect payments are designed to compensate hospitals for expenses associated with the treatment of more severely ill patients and the additional costs relating to teaching residents in such programs. Data are collected on the number of full-time equivalent residents in applicant children's hospitals' training programs to determine the amount of direct and indirect medical education payments to be distributed to participating children's hospitals. Indirect medical education payments will also be derived from a formula that requires the reporting of discharges, beds, and case mix index information from participating children's hospitals. Hospitals will be requested to submit such information in an annual application. Hospitals will also be requested to submit data on the number of full-time equivalent residents a second time during the Federal fiscal year to participate in the reconciliation payment process. The estimated annual burden is as follows: Form Number of respondents Responses per respondent Total number of responses Hours per response Total burden hours HRSA 99-1 (Initial Application) 60 1 60 26 1,560 HRSA 99-1 (Reconciliation Application) 60 1 60 8 480 HRSA 99-2 (Initial Application) 60 1 60 15 900 HRSA 99-2 (Reconciliation Application) 60 1 60 5 300 HRSA 99-3 (Initial Application) 60 1 60 .25 15 HRSA 99-3 (Reconciliation Application) 60 1 60 .25 15 HRSA 99-4 (Reconciliation Application) 60 1 60 14 840 HRSA 99-5 (Initial Application) 60 1 60 .25 15 HRSA 99-5 (Reconciliation Application) 60 1 60 .25 15 Total 60 60 4,140 Send comments to Susan G. Queen, Ph.D., HRSA Reports Clearance Officer, Room 10-33, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857. Written comments should be received within 60 days of this notice. Dated: August 23, 2006. Cheryl R. Dammons, Director, Division of Policy Review and Coordination. [FR Doc. E6-14411 Filed 8-29-06; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; Comment Request; National Network of Tobacco Cessation Quitlines Evaluation *Summary:* Under the provisions of Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Cancer Institute, the National Institutes of Health has submitted to the Office of Management and Budget
(OMB)a request to review and approve the information collection listed below. This proposed information collection was previously published in the **Federal Register** on January 27, 2006 (page 4595) and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment. The National Institutes of Health may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Proposed Collection *Title:* Evaluation of the HHS National Network of Tobacco Cessation Quitlines Initiative. *Type of Information Collection Request:* New. *Need and Use of Information Collection:* In February 2004, the U.S. Department of Health and Human Services announced plans for a national network of tobacco cessation quitlines to provide all smokers in the United States access to the support and latest information to help them quit. To provide the highest level of assistance to smokers across the country who wants to quit, NCI established a new toll-free telephone number (1-800-QUIT-NOW) on November 8, 2004. The aim of the National Network of Tobacco Cessation Quitlines (NNTCQ) initiative (the Initiative) is to strengthen service delivery; provide a mechanism for integration and implementation of state, regional, and national campaigns; and increase healthcare utilization by minority and medically underserved populations. NCI, CDC, and other state, private industry, and partner organizations (the North American Quitline Consortium) have created the infrastructure and a coordinated mechanism to offer cessation services to the American public. The Initiative seeks to enhance existing state-managed quitlines and to encourage the establishment of quitlines in states without them. It is expected that successful implementation of the Initiative will foster partnerships across state quitlines for technology transfer, sharing of effective practices, and understanding patterns of use and reach to special populations, thereby ensuring a sustained level of effectiveness over time. The goal of this evaluation is to monitor the implementation of the Initiative, assess its impact on key stakeholders, and examine its implications for public health. To that end, this study will conduct a series of in-depth key informant telephone interviews and selected site visits with state tobacco control officers, quitline administrators and counseling staff. Representatives of organizations and individuals that partner with quitlines, such as community health organizations or health care providers, will also be interviewed. The findings will provide valuable information concerning the development and implementation of the NNTQC initiative as a potential model for Federal-State partnerships, the impact on building and enhancing state quitline capacity, and implications for the state tobacco control community. The annual reporting burden is presented in exhibit 1, below. *Frequency of Response:* One occasion. *Affected Public:* State agencies, businesses or other for-profit, non-profit associations. *Type of Respondents:* Federal and state employees, health services providers, administrators and researchers. The annual reporting burden is as follows: *Estimated Number of Respondents:* 228. *Estimated Number of Responses per Respondent:* 1. *Average Burden Hours per Response:* .7445. *Estimated Total Annual Burden Hours Requested:* 169.75. *The annualized cost to respondents* is $7,129.50. There are no Capital Costs to report. There are no Operating or Maintenance Costs to report. Exhibit 1. Type of respondents Estimated number of respondents Estimated number of responses per respondent Average burden hours per response Estimated total annual burden hours requested State Tobacco Control Manager 51 1 1.00 51.00 State Quitline Administrator 51 1 1.00 51.00 State Quitline Service Provider 19 1 .75 14.25 State Quitline Partner 102 1 .50 51.00 NAQC Representative 5 1 .50 2.50 Total 228 169.75 *Request for Comments:* Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points:
(1)Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;
(2)the accuracy of the agency'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 those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. *Direct Comments to OMB:* Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, New Executive Office Building, Room 10235, Washington, DC 20503, Attention: Desk Officer for NIH. To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Candace Deaton, M.P.A., Project Officer, National Cancer Institute, Cancer Information Service, 6116 Executive Blvd., Suite 3056A, Room 3028, Rockville, MD 20892 or call non-toll-free number 301-594-9072 or e-mail your request, including your address to: *deatonc@mail.nih.gov.* *Comments Due Date:* Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication. Dated: August 21, 2006. Rachelle Ragland Greene, NCI Project Clearance Liaison, National Institutes of Health. [FR Doc. E6-14354 Filed 8-29-06; 8:45 am] BILLING CODE 4101-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. ABCB1 Genotyping To Predict Paclitaxel Toxicity *Description of Technology:* Paclitaxel has been a frontline chemotherapeutic drug used for the treatment of various cancers including metastatic breast cancer and ovarian cancer. Its use has successfully prolonged patient survival. A major drawback of paclitaxel is the cytotoxic side-effects that are associated with it such as myologenic and neurogenic toxicities. The degree of such toxicities varies with individual patients. Predicting the extent of such toxicities following paclitaxel treatment will immensely help in defining optimal treatment schedules for each individual patient. Concurrently, it will significantly improve patient quality of life. This technology describes the identification of three genetic markers in the *ABCB1* (MDR-1, P-glycoprotein) gene that can be used to predict the degree of neutropenia and peripheral neuropathy that an individual will experience following paclitaxel treatment. These markers were identified using DNA from blood samples of cancer patients undergoing paclitaxel treatment. This technology can be developed into a routine blood test to identify patient subsets that are more susceptible to paclitaxel treatment associated neutropenia and neuropathy. *Applications:* 1. Three novel genetic markers that can predict extent of paclitaxel associated toxicities. 2. A screening test based on ABCB1 genotype profiling using patient blood samples that predicts paclitaxel associated neutropenia and peripheral neuropathy. *Market:* The diagnostic market is worth about $3 billion by 2007 and estimated to grow further. *Development Status:* 1. The technology is a pilot study currently in the pre-clinical stage of development. 2. A prospective ABCB1 genotype directed clinical trial is foreseen in the near future. *Inventors:* William D. Figg (NCI), Alex Sparreboom (NCI), Tristan M. Sissung (NCI), Stephan Mielke (NCI), *et al.* *Publication:* T. M Sissung *et al.* Association of ABCB1 genotypes with paclitaxel-mediated neutropenia and peripheral neuropathy, To be submitted to *Clinical Pharmacology and Therapy.* *Patent Status:* U.S. Provisional Application No. 60/807,453 filed 14 Jul 2006 (HHS Reference No. E-237-2006/0-US-01). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* David Lambertson, PhD; 301/435-4632; *lambertsond@od.nih.gov.* *Collaborative Research Opportunity:* The NCI Medical Oncology Branch is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize ABCB1 genotyping to predict paclitaxel toxicity. Please contact Betty Tong, PhD at 301-496-0477, *tongb@mail.nih.gov* for more information. Use of Grape Skin Extracts as Anti-Cancer Agents *Description of Technology:* The invention describes anti-tumor effects of extracts from grape skins. Grape skin extract and derivatives may therefore be useful as preventive or therapeutic agents against tumor development. Literature indicates that grape and red wine consumption may be inversely associated with prostate cancer risk. Moreover, to date there are no known grape skin extract-associated toxicities described. The current invention discloses that grape skin extract, or purified fractions thereof, inhibited metastatic growth in human prostate transformed cell lines. Specifically, grape skin extract induced cellular apoptosis via inhibition of the phosphatidylinositol 3-kinase (PI3-K)/Akt survival pathway. Historically, anti-tumor effects of grapes were mainly attributed to resveratrol, a phytoalexin present in grapes, nuts and wild berries. However, resveratrol's mechanism of anti-tumor action is distinct from that of grape skin extract, in that it arrests cell cycle division without significant induction of apoptosis. The current invention also provides for methods of treating patients with prostate cancer or persons at risk for developing prostate cancer with compositions that include grape skin extract or active anti-tumor fractions thereof. *Development Status:* Pre-clinical stage. *Inventors:* Tamaro Hudson and Jeffrey E. Green (NCI). *Patent Status:* U.S. Provisional Application No. 60/789,181 filed 03 April 2006 (HHS Reference No. E-179-2006/0-US-01). *Licensing Status:* Available for non-exclusive or exclusive licensing. *Licensing Contact:* David A. Lambertson, PhD; 301-435-4632; *lambertsond@od.nih.gov.* *Collaborative Research Opportunity:* The NCI's Laboratory of Cell Regulation and Carcinogenesis is seeking statements of capability or interest from parties interested in collaborative research to further develop, evaluate, or commercialize this technology. Please contact Patrick Twomey, PhD at 301-496-0477 or *twomeyp@mail.nih.gov* for more information. Dated: August 23, 2006. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E6-14353 Filed 8-29-06; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Amended Notice of Meeting Notice is hereby given of a change in the meting of the National Cancer Institute Special Emphasis Panel, September 11, 2006, 5 p.m. to September 13, 2006, 5 p.m. Doubletree Hotel Bethesda, 8120 Wisconsin Ave., Bethesda, MD, 20814 which was published in the **Federal Register** on July 25, 2006, 71 FR 42099. The meeting notice is amended to reflect the change in hotel from the Doubletree Hotel, 8120 Wisconsin Ave., Bethesda, MD 20814 to the Clarion Hotel, 8400 Wisconsin Ave., Bethesda, MD 20814. The meeting is closed to the public. Dated: August 22, 2006. Anna Snouffer, Acting Director, Office of Federal Advisory Committee Policy. [FR Doc. 06-7228 Filed 8-29-06; 8:45 am]
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