Notices. Notice of a New System of Records (SOR)

9,988 words·~45 min read·/register/2006/10/04/06-8484·

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

BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a New System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of a New System of Records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, we are proposing to establish a new SOR titled “Low Vision Rehabilitation Demonstration (LVRD),” System No. 09-70-0582. The program is mandated by Section 641 of the Medicare Prescription Drug Improvement and Modernization Act of 2003

(MMA)(Public Law (Pub. L.) 108-173), enacted into law on December 8, 2003, and amended Title XVIII of the Social Security Act (the Act). The LVRD program seeks to establish a new demonstration project to examine Medicare beneficiaries who are diagnosed with moderate to severe visual impairment and who may be eligible to receive covered vision rehabilitating services. Rehabilitation may be conducted under general supervision of a qualified physician in an appropriate setting including in the home of the beneficiary receiving the services. Improvements in these areas are expected to generate savings to the Medicare program to offset the costs of the performance payments. The primary purpose of the system is to collect and maintain identifiable information on Medicare beneficiaries who participate in Medicare Part B fee-for-service coverage, qualified physicians, such as ophthalmologists or optometrists, qualified occupational therapists, and vision rehabilitation therapists who are certified by the Academy for Certification of Vision Rehabilitation Professionals. Information retrieved from this system will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor, consultant, or grantee;

(2)assist another Federal or state agency with information to enable such agency to administer a Federal health benefits program, or to enable such agency to fulfill a requirement of Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds;

(3)assist an individual or organization for a research project or in support of an evaluation project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects;

(4)support litigation involving the agency; and

(5)combat fraud, waste, and abuse in certain health benefits programs. We have provided background information about the new system in the Supplementary Information section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See Effective Dates section for comment period. Effective Dates: CMS filed a new system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on 09/27/2006. In any event, we will not disclose any information under a routine use until 30 days after publication in the **Federal Register** or 40 days after mailings to Congress, whichever is later. We may defer implementation of this system or on one or more of the routine uses listed below if we receive comments that persuade us to defer implementation. ADDRESSES: The public should address comments to the CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, Mail-stop N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location by appointment during regular business hours, Monday through Friday from 9 a.m.-3 p.m., eastern time. FOR FURTHER INFORMATION CONTACT: Joel Greer, Social Science Research Analyst, Division of Beneficiary Research, Research & Evaluation Group, Office of Research Development and Information, CMS, Mail Stop C3-18-07, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is

(410)786-6695 or e-mail *joel.greer@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: Section 641 of MMA requires the Secretary of Health and Human Services to carry out a nationwide outpatient vision rehabilitation services demonstration project. Under this LVRD, Medicare will cover vision rehabilitation services for people with a diagnosis of moderate or severe vision impairment including blindness that is not correctable by conventional methods, such as glasses or surgery. Demonstration covered services will only be available to Medicare beneficiaries who live in one of the specified demonstration locales and must be prescribed by a qualified physician, such as an ophthalmologist or an optometrist who also practice in one of the specified demonstration locales. LVRD locales will include New Hampshire, New York City (all 5 boroughs), Atlanta, GA., North Carolina, Kansas, and Washington State. Eligible beneficiaries who live in these areas and receive their medical eye care from an ophthalmologist or an optometrist who practice in these areas could be covered for up to 9 hours of rehabilitation services provided in an appropriate setting, including in the home. For many with visual impairments, rehabilitation training can help them maintain their independence and quality of life. Rehabilitation can help prevent accidents, like falls and burns that often occur when someone cannot navigate well due to vision loss. Under LVRD, Medicare will cover vision rehabilitation services for people with a diagnosis of moderate or severe vision impairment including blindness that is not correctable by conventional methods, such as glasses or surgery. Rehabilitation may be conducted under general supervision of a qualified physician in appropriate settings including in the home of the beneficiary receiving the services. Rehabilitation must be prescribed by a qualified physician and administered under an individualized, written plan or care developed by a qualified physician or qualified occupational therapist in private practice (OTPP). The plan of care must contain a specific diagnosis of visual impairment and must assure that vision rehabilitation services are medically necessary and the beneficiary receiving vision rehabilitation is capable of deriving benefit from the rehabilitation. Under the demonstration, services will be covered when provided by a qualified occupational therapist, or by a low vision therapist, orientation and mobility specialist, or vision rehabilitation therapists (aka rehabilitation teachers) who are certified by the Academy for Certification of Vision Rehabilitation Professionals (ACVREP). Rehabilitation will be judged completed when the treatment goals have been attained and any subsequent services would be for maintenance of a level of functional ability or when the patient has demonstrated no progress on two consecutive visits. All services covered under this demonstration are one-on-one, face to face services. Group services will not be covered. Some areas of the country provide Medicare coverage for vision rehabilitation services under local coverage decisions (LCDs). LCDs allow Medicare to pay for vision rehabilitation when provided by qualified personnel, such as occupational therapists. LCDs may also allow coverage for vision rehabilitation when provided in the home by a qualified OTPP under general supervision. The LVRD does not supersede LCDs whether services are provided in a demonstration locale, or not. Physicians and other providers who are not practicing in a designated demonstration locale may submit claims for vision rehabilitation as LCD covered therapy services, as before. Physicians and providers who are practicing designated demonstration locale may submit claims as either demonstration-related services or LCD covered therapy services, or both. However, in non-demonstration related services, LCD will not cover services provided by orientation and mobility specialists, low vision therapists, or vision rehabilitation therapists and only OTPP can provide rehabilitation services in the home. I. Description of the New System of Records A. Statutory and Regulatory Basis for System The authority for maintenance of this system is given under the provisions of Section 641 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Public Law 108-173), enacted into law on December 8, 2003, and amended Title XVIII of the Social Security Act. B. Collection and Maintenance of Data in the System The data will be collected and maintained on individual beneficiaries receiving the services and who participate in Medicare Part B fee-for-service coverage, qualified physicians, such as ophthalmologists or optometrists, qualified occupational therapists, and certified low vision therapists, orientation and mobility specialists, and vision rehabilitation therapists (aka rehabilitation teachers) who are certified by the Academy for Certification of Vision Rehabilitation Professionals. The data collected will consist of, but not limited to, clinical quality measures collected from physicians participating in the demonstration. The collected information will contain provider name, unique provider identification number, unique demonstration practice identification number, beneficiary health insurance claim number (HICN), beneficiary demographic and diagnostic information relevant to the project. II. Agency Policies, Procedures, and Restrictions on the Routine Use A. The Privacy Act permits us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such disclosure of data is known as a “routine use.” The government will only release LVRD information that can be associated with an individual as provided for under “Section III. Proposed Routine Use Disclosures of Data in the System.” Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of LVRD. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. Disclosure of information from the system will be approved only to the extent necessary to accomplish the purpose of the disclosure and only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected, e.g., to collect and maintain identifiable information on Medicare beneficiaries who participate in Medicare Part B fee-for-service coverage. 2. Determines that: a. The purpose for which the disclosure is to be made can only be accomplished if the record is provided in individually identifiable form; b. The purpose for which the disclosure is to be made is of sufficient importance to warrant the effect and/or risk on the privacy of the individual that additional exposure of the record might bring; and c. There is a strong probability that the proposed use of the data would in fact accomplish the stated purpose(s). 3. Requires the information recipient to: a. Establish administrative, technical, and physical safeguards to prevent unauthorized use of disclosure of the record; b. Remove or destroy at the earliest time all individually identifiable information; and c. Agree to not use or disclose the information for any purpose other than the stated purpose under which the information was disclosed. 4. Determines that the data are valid and reliable. III. Proposed Routine Use Disclosures of Data in the System A. Entities Who May Receive Disclosures Under Routine Use The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or grantees who have been contracted by the agency to assist in the performance of a service related to this system and who need to have access to the records in order to perform the activity. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual or similar agreement with a third party to assist in accomplishing agency business functions relating to purposes for this system. CMS occasionally contracts out certain of its functions when doing so would contribute to effective and efficient operations. CMS must be able to give contractors, consultants, or grantees whatever information is necessary for the contractor to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractors, consultants, or grantees from using or disclosing the information for any purpose other than that described in the contract and requires the contractors, consultants, or grantees to return or destroy all information at the completion of the contract. 2. To assist another Federal or state agency to: a. Contribute to the accuracy of CMS's proper payment of Medicare benefits, b. Enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or Other Federal or state agencies in their administration of a Federal health program may require LVRD information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. 3. To assist an individual or organization for a research project or in support of an evaluation project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects. The LVRD data will provide for research or in support of evaluation projects, a broader, longitudinal, national perspective of the status of Medicare beneficiaries. CMS anticipates that many researchers will have legitimate requests to use these data in projects that could ultimately improve the care provided to Medicare beneficiaries and the policy that governs the care. 4. To support the Department of Justice (DOJ), court or adjudicatory body when: a. The agency or any component thereof, or b. Any employee of the agency in his or her official capacity, or c. Any employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. Whenever CMS is involved in litigation, and occasionally when another party is involved in litigation and CMS' policies or operations could be affected by the outcome of the litigation, CMS would be able to disclose information to the DOJ, court or adjudicatory body involved. 5. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such program. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual relationship or grant with a third party to assist in accomplishing CMS functions relating to the purpose of combating fraud, waste, and abuse. CMS occasionally contracts out certain of its functions and makes grants when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor or grantee whatever information is necessary for the contractor or grantee to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor or grantee from using or disclosing the information for any purpose other than that described in the contract and requiring the contractor or grantee to return or destroy all information. 6. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any state or local governmental agency), that administers, or that has the authority to investigate potential fraud, waste, or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such programs. Other agencies may require LVRD information for the purpose of combating fraud, waste, and abuse in such Federally-funded programs. B. Additional Provisions Affecting Routine Use Disclosures This system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 Code of Federal Regulation Parts 160 and 164, 65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures of PHI authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the population is so small that one could use this information to deduce the identity of the individual). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations include but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. V. Effects of the New System on Individual Rights CMS proposes to establish this system in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system. CMS will take precautionary measures (see item IV. above) to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of patients whose data is maintained in the system. CMS will collect only that information necessary to perform the system's functions. In addition, CMS will make disclosure from the proposed system only with consent of the subject individual, or his/her legal representative, or in accordance with an applicable exception provision of the Privacy Act. CMS, therefore, does not anticipate an unfavorable effect on individual privacy as a result of maintaining this system. Dated: September 19, 2006. John R. Dyer, Chief Operating Officer, Centers for Medicare & Medicaid Services. SYSTEM NUMBER 09-70-0582 System Name: • “Low Vision Rehabilitation Demonstration (LVRD)” HHS/CMS/ORDI Security Classification: Level 3 Privacy Act Sensitive System Location: This system is maintained at the Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850, and CMS contractors and agents at various locations. Categories of Individuals Covered by the System: The data will be collected and maintained on individual beneficiaries receiving the services and who participate in Medicare Part B fee-for-service coverage, qualified physicians, such as ophthalmologists or optometrists, qualified occupational therapists, and certified low vision therapists, orientation and mobility specialists, and vision rehabilitation therapists (aka rehabilitation teachers) who are certified by the Academy for Certification of Vision Rehabilitation Professionals. Categories of Records in the System: The data collected will consist of, but not limited to, clinical quality measures collected from physicians participating in the demonstration. The collected information will contain provider name, unique provider identification number, unique demonstration practice identification number, beneficiary health insurance claim number (HICN), beneficiary demographic and diagnostic information relevant to the project. Authority For Maintenance Of The System: The authority for maintenance of this system is given under the provisions of Section 641 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), enacted into law on December 8, 2003, and amended Title XVIII of the Social Security Act. PURPOSE(S) OF THE SYSTEM: The primary purpose of the system is to collect and maintain identifiable information on Medicare beneficiaries who participate in Medicare Part B fee-for-service coverage, qualified physicians, such as ophthalmologists or optometrists, qualified occupational therapists, and vision rehabilitation therapists who are certified by the Academy for Certification of Vision Rehabilitation Professionals. Information retrieved from this system will also be disclosed to:

(1)Support regulatory, reimbursement, and policy functions performed within the agency or by a contractor, consultant, or grantee;

(4)support litigation involving the agency; and

(5)combat fraud, waste, and abuse in certain health benefits programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. Entities Who May Receive Disclosures Under Routine Use The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or grantees who have been contracted by the agency to assist in the performance of a service related to this system and who need to have access to the records in order to perform the activity. 2. To assist another Federal or state agency to: a. Contribute to the accuracy of CMS's proper payment of Medicare benefits, b. Enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or 3. To assist an individual or organization for a research project or in support of an evaluation project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects. 4. To support the Department of Justice (DOJ), court or adjudicatory body when: a. The agency or any component thereof, or b. Any employee of the agency in his or her official capacity, or c. Aany employee of the agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. 5. To assist a CMS contractor (including, but not necessarily limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such program. 6. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any state or local governmental agency), that administers, or that has the authority to investigate potential fraud, waste, or abuse in, a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such programs. B. Additional Provisions Affecting Routine Use Disclosures This system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 Code of Federal Regulation Parts 160 and 164, 65 Fed. Reg. 82462 (12-28-00), Subparts A and E. Disclosures of PHI authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the population is so small that one could use this information to deduce the identity of the individual). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: All records are stored on magnetic media. RETRIEVABILITY: Information collected will be retrieved by the name or other identifying information of the participating provider, and may also be retrievable by HICN at the individual beneficiary record level. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against excessive or unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations include but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. Office of Management and Budget Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. RETENTION AND DISPOSAL: CMS will retain identifiable information maintained in the LVRD system of records for a period of 6 years. Data residing with the designated claims payment contractor shall be returned to CMS at the end of the project, with all data then being the responsibility of CMS for adequate storage and security. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from the DOJ. SYSTEM MANAGER AND ADDRESS: Director, Research and Evaluation Group, Office of Research Development and Information, CMS, 7500 Security Boulevard, Mail stop C3-18-07, Baltimore, Maryland, 21244-1850. NOTIFICATION PROCEDURE: For purpose of access, the subject individual should write to the system manager who will require the system name, and for verification purposes, the subject individual's name, provider identification number, and the patient's medical record number. RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also reasonably specify the record contents being sought. (These procedures are in accordance with Department regulation 45 CFR 5b.5(a)(2)). CONTESTING RECORD PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the record and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These procedures are in accordance with Department regulation 45 CFR 5b.7). RECORD SOURCE CATEGORIES: Information maintained in this system will be collected from physicians volunteering to participate in the LVRD Demonstration. Additional data will be collected from Medicare claims payment records. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E6-16329 Filed 10-3-06; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families AGENCY: Administration on Children, Youth and Families, Administration for Children and Families. ACTION: Single-Source Non-Competitive Continuation Award. *CFDA Number:* 93.557. *Legislative Authority:* Public Law (Pub. L.) 108-96, Runaway, Homeless, and Missing Children Protection Act of 2003. *Amount of Award:* $100,000 for one year. *Project Period:* 09/30/2006—09/29/2007. This notice announces the award of a single-source non-competitive continuation grant to the Fairbanks Counseling and Adoption

(FCA)to complete the third and final year of a grant awarded originally to the Fairbanks Native Association (FNA). FCA was awarded a one-year non-competitive successor grant to provide street outreach services when this grant was relinquished by Fairbanks Native Association

(FNA)in Fiscal Year 2005. FNA, a nonprofit agency in Fairbanks, AK, was awarded a Street Outreach grant in Fiscal Year 2004. Since FNA was no longer able to effectively administer the grant or accomplish the project goals, the organization relinquished the grant effective July 1, 2005. On September 14, 2005, FCA was awarded a single-source successor grant to replace FNA as grantee. FCA is a leader in assessing the needs and benefits of positive youth development in Fairbanks, Alaska. There was very little disruption of activities during the transfer of the grant. Continuation of these activities in central Alaska by an entity that already supports homeless youth is the best option for a successful completion of the project. The need for these street outreach services still exists as it did when the grant was originally awarded in the year 2004. There will be no significant change in project activities. *For Further Information Contact:* Curtis Porter, Director, Youth Development Division, Family and Youth Services Bureau, Administration for Children, Youth and Families, Administration for Children and Families, Portals Building, Suite 800, 1250 Maryland Avenue, SW., Washington, DC 20024. Telephone: 202-205-8102. Dated: September 27, 2006. Joan E. Ohl, Commissioner, Administration on Youth and Families. [FR Doc. E6-16360 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau AGENCY: Children's Bureau, Administration on Children, Youth and Families, Administration for Children and Families. ACTION: Single-Source Program Expansion Supplement. *CFDA:* 93.670. *Legislative Authority:* Title II Child Abuse Prevention and Treatment Act [42 U.S.C. 5116 *et seq.* ] *Amount of Award:* $250,000 for one year. *Project Period:* 9/30/2006-9/29/2007. *Justification for the supplement:* The program expansion supplement will increase the capacity of the FRIENDS National Resource Center for Community-Based Child Abuse Prevention (CBCAP) to provide training and technical assistance to State formula grantees. *Contact for Further Information:* Melissa Lim Brodowski, Children's Bureau, Portals Building, Suite 8127, 1250 Maryland Avenue, SW., Washington, DC 20024. *Telephone Number:*

(202)205-2629. Dated: September 27, 2006. Joan E. Ohl, Commissioner, Administration on Children, Youth and Families. [FR Doc. E6-16361 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Developmental Disabilities AGENCY: Administration on Developmental Disabilities, Administration for Children and Families. ACTION: Single-Source Non-Competitive Continuation Award. *CFDA Number:* 93.632. *Legislative Authority:* Public Law (Pub. L.) 106-402, Developmental Disabilities Assistance and Bill of Rights Act of 2000. *Amount of Award:* $60,000 for one year. *Project Period:* September 30, 2006—September 29, 2007. This notice announces the award of a single-source non-competition continuation award to the Human Development Center, Louisiana State University to supplement grant award 90DD0583 to fund a project that would address the needs of individuals with developmental disabilities affected by Hurricane Katrina. This proposed project falls under the community services core function of the University Centers for Excellence in Developmental Disabilities, Research and Services (UCEDD) program. The project proposes to address the needs of an underserved and unserved population in Louisiana: people with developmental disabilities affected by Hurricane Katrina. The proposed project will have numerous benefits on the lives of individuals with developmental disabilities. Before Hurricane Katrina, many individual with developmental disabilities in Louisiana lived in institutions where they were directly cared for by personal care attendants. Following the Hurricane, Institutions are being closed and the former residents will be living in the community. As a result these people will now be responsible for their personal care, which will be a completely new task for them. Projects are needed to develop training materials that will help these individuals learn to live in the community and care for themselves. The proposed project will conduct activities that will inform the sound design of future physical activity and healthy eating interventions for individuals with developmental disabilities receiving supported independent living services in the Greater New Orleans area. The insights gained from the proposed project will be critical to the development of high-quality, tailored health promotion programs to increase physical activity and health eating among persons with ID in order to enhance their health, well-being, and independent participation in society. It is anticipated that the project results will inform future activities to promote physical activity and health eating among individuals with developmental disabilities. There would be detrimental consequences without this funding. Without funding, the project would not be able to conduct the necessary activities that will enhance the ability of individuals with developmental disabilities to achieve full independence, productivity, integration, and inclusion in society. Health promotion interventions to increase physical activity and promote health eating have the potential to enhance function, prevent chronic conditions, and increase quality of life in person with developmental disabilities. FOR FURTHER INFORMATION CONTACT: Jennifer Johnson, Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services, 370 L'Enfant Promenade, SW., MAIL STOP: Humphrey Building, 405D,Washington, DC 20447. Telephone: 202-690-5982. Dated: September 27, 2006. Patricia A. Morrissey, Commissioner, Administration on Developmental Disabilities. [FR Doc. E6-16356 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Developmental Disabilities AGENCY: Administration on Developmental Disabilities, Administration for Children and Families. ACTION: Single-Source Non-Competitive Continuation Award. *CFDA Number:* 93.632. *Legislative Authority:* Public Law (Pub. L.) 106-402, Developmental Disabilities Assistance and Bill of Rights Act of 2000. *Amount of Award:* $60,000 for one year. *Project Period:* September 30, 2006-September 29, 2007. This notice announces the award of a single-source non-competition continuation award to the Mississippi Institute for Disability Studies, University of Southern Mississippi (the Institute) to address the needs of underserved and unserved individuals affected by Hurricane Katrina. Lessons learned from Hurricane Katrina reflected that there was insufficient capacity in relief efforts to address the needs of individuals with developmental disabilities during and following the hurricane. With this award this Institute, which currently has a grant from the Administration on Developmental Disabilities

(ADD)to operate a University Center for Excellence in Developmental Disabilities, Research and Services (UCEDD), will expand its mission to develop and conduct the necessary training program to produce a cadre of case managers with expertise in working within the complex service system serving people with developmental disabilities, which has been expanded to include agencies such as FEMA. The proposed project will have numerous benefits on the lives of individuals with developmental disabilities affected by Hurricane Katrina. Individuals with developmental disabilities were the most vulnerable during the response/evacuation period and they are the most vulnerable during the stages of recovery and rebuilding. The service infrastructure for individuals with developmental disabilities was significantly disrupted and many people lost key supports, such as assistive devices, service animals, and public communication systems. Moreover, the Hurricane had a devastating impact on the mental health of disaster victims with developmental disabilities, which is further compromised by a lack of mental health services following the storm. As people with developmental disabilities and communities as a whole tried to recover from these factors caused by Hurricane Katrina, case managers from various agencies or organizations emerged to assist in the recovery process. Because in many affected areas, especially along the coastal areas, it will be a long time before life is as it once was, trained case managers who understand the special needs of people with developmental disabilities who are victims of disaster will be needed on a long-term basis. *For Further Information Contact:* Jennifer Johnson, Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services, 370 L'Enfant Promenade, SW., MAIL STOP: Humphrey Building, 405D,Washington, DC 20447. Telephone: 202-690-5982. Dated: September 27, 2006. Patricia A. Morrissey, Commissioner, Administration on Developmental Disabilities. [FR Doc. E6-16358 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families AGENCY: Administration on Children, Youth and Families, Administration for Children and Families. ACTION: Single-Source Non-Competitive Continuation Award. *CFDA Number:* 93.623. *Legislative Authority:* Public Law (Pub. L.) 108-96, Runaway, Homeless, and Missing Children Protection Act of 2003. *Amount of Award:* $124,000 for one year. *Project Period:* September 30, 2006-September 29, 2007. This notice announces the award of a single-source non-competition continuation award to the Presbyterian Hospitality House

(PHH)to complete the third and final year of a grant that was awarded originally in Fiscal Year 2004 to the Fairbanks Native Association (FNA). Continuation funds that were allocated for this three-year grant are now relinquished by FNA. On September 20, 2005, PHH was awarded a one-year non-competitive successor grant to replace FNA as the grantee. PHH is a leader in assessing the need and benefits of positive youth development in Fairbanks, Alaska. There was very little disruption of activities during the transfer of the grant. Continuation of these activities in central Alaska by an entity that already supports homeless youth is the best option for successful completion of the project. The need for this Basic Center still exists as it did when the grant was originally awarded in the Fiscal Year 2004. There will be no significant change in project activities. There is no new funding available for Basic Center program in the State of Alaska for FY 2007. *For Further Information Contact:* Curtis Porter, Director, Youth Development Division, Family and Youth Services Bureau, Administration for Children, Youth and Families, Administration for Children and Families, Portals Building, Suite 800, 1250 Maryland Avenue, SW., Washington, DC 20024. Telephone: 202-205-8102. Dated: September 27, 2006. Joan E. Ohl, Commissioner, Administration on Children, Youth and Families. [FR Doc. E6-16369 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Developmental Disabilities AGENCY: Administration on Developmental Disabilities, Administration for Children and Families. ACTION: Single-Source Non-Competitive Continuation Award. *CFDA Number:* 93.632. *Legislative Authority:* Public Law (Pub. L.) 106-402, Developmental Disabilities Assistance and Bill of Rights Act of 2000. *Amount of Award:* $60,000 for one year. *Project Period:* 09/30/2006—09/29/2007. This notice announces the award of a single-source non-competition continuation award to the Texas Center for Disability Studies, University of Texas, Austin (the Center) to address the needs of underserved and unserved individuals affected by Hurricane Katrina. Lessons learned from Hurricane Katrina reflected that there was insufficient capacity in relief efforts to address the needs of individuals with developmental disabilities during and following the hurricane. With this award this Center, which currently has a grant from the Administration on Developmental Disabilities

(ADD)to operate a University Center for Excellence in Developmental Disabilities (UCEDD), will expand its mission to address gaps in the Texas disaster relief efforts and the subsequent services to people with developmental disabilities. This proposed project is consistent with the Developmental Disabilities Assistance and Bill of Rights Act, which among other provisions, requires that UCEDDs assist underserved and unserved populations of individuals with developmental disabilities and their families through community outreach, capacity building, and systems change. The proposed project will develop and conduct training around Texas that will increase emergency preparedness by creating a pool of disaster response systems navigators ready and able to assist individuals with developmental disabilities and their families in a disaster. The navigators will be trained to navigate both State and local health and human service systems in order to quickly identify and access services for the targeted individuals. The navigator model proposed could easily be adapted by other States to improve their emergency readiness as well. The outcomes of this project will strengthen Texas' ability to respond to the needs of individuals with developmental disabilities in the event of a disaster by: 1. Expanding awareness of the needs of individuals with developmental disabilities in the event of a disaster. 2. Expanding the pool of volunteer disaster response navigators for individuals with developmental disabilities. 3. Creating a data base of these navigators for the Red Cross, so that these navigators may be mobilized with other first response teams. 4. Expanding the State's disaster relief plan to include the emergency services and supports needed by individuals with developmental disabilities. *For Further Information Contact:* Jennifer Johnson, Administration on Developmental Disabilities, Administration for Children and Families, U.S. Department of Health and Human Services, 370 L'Enfant Promenade, SW., MAIL STOP: Humphrey Building, 405D, Washington, DC 20447. Telephone: 202-690-5982. Dated: September 27, 2006. Patricia A. Morrissey, Commissioner, Administration on Developmental Disabilities. [FR Doc. E6-16355 Filed 10-3-06; 8:45 am] BILLING CODE 4184-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Advisory Commission on Childhood Vaccines; Notice of Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting: *Name:* Advisory Commission on Childhood Vaccines (ACCV). *Date and Time:* October 24, 2006, 1 p.m.-5 p.m., EST. *Place:* Audio Conference Call and Parklawn Building, Conference Rooms G & H, 5600 Fishers Lane, Rockville, MD 20857. The ACCV will meet on Tuesday, October 24, from 1 p.m. to 5 p.m. The public can join the meeting in person at the address listed above or by audio conference call by dialing 1-888-373-3590 on October 24 and providing the following information: *Leader's Name:* Dr. Geoffrey Evans. *Password:* ACCV. *Agenda:* The agenda items for the October meeting will include, but are not limited to: A presentation on vaccine safety activities of the Centers for Disease Control and Prevention

(CDC)and petitioners' attorneys views of the National Vaccine Injury Compensation Program; discussion of extending the statute of limitations, forfeiting claims and suggested modification to the Vaccine Injury Table's Qualifications and Aids to Interpretation; and updates from Division of Vaccine Injury Compensation, Department of Justice, National Vaccine Program Office, Immunization Safety Office (CDC), National Institute of Allergy and Infectious Diseases (National Institutes of Health), and Center for Biologics and Evaluation Research (Food and Drug Administration). Agenda items are subject to change as priorities dictate. *Public Comments:* Persons interested in providing an oral presentation should submit a written request, along with a copy of their presentation to: Ms. Cheryl Lee, Principal Staff Liaison, DVIC, Healthcare Systems Bureau (HSB), Health Resources and Services Administration (HRSA), Room 11C-26, 5600 Fishers Lane, Rockville, Maryland 20857 or e-mail: *clee@hrsa.gov* . Requests should contain the name, address, telephone number, and any business or professional affiliation of the person desiring to make an oral presentation. Groups having similar interests are requested to combine their comments and present them through a single representative. The allocation of time may be adjusted to accommodate the level of expressed interest. DVIC will notify each presenter by mail or telephone of their assigned presentation time. Persons who do not file an advance request for a presentation, but desire to make an oral statement, may announce it at the time of the comment period. These persons will be allocated time as it permits. *For Further Information Contact:* Anyone requiring information regarding the ACCV should contact Ms. Cheryl Lee, Principal Staff Liaison, DVIC, HSB, HRSA, Room 11C-26, 5600 Fishers Lane, Rockville, MD 20857; telephone

(301)443-2124 or e-mail: *clee@hrsa.gov.* Cheryl R. Dammons, Director, Division of Policy Review and Coordination. [FR Doc. E6-16371 Filed 10-3-06; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [FEMA-1661-DR] Virginia; Major Disaster and Related Determinations AGENCY: Federal Emergency Management Agency, Department of Homeland Security. ACTION: Notice. SUMMARY: This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Virginia (FEMA-1661-DR), dated September 22, 2006, and related determinations. *Effective Date:* September 22, 2006. FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472,

(202)646-2705. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated September 22, 2006, the President declared a major disaster under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows: I have determined that the damage in certain areas of the Commonwealth of Virginia resulting from severe storms and flooding, including severe storms and flooding associated with Tropical Depression Ernesto, during the period of August 29 to September 7, 2006, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act). Therefore, I declare that such a major disaster exists in the Commonwealth of Virginia. In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses. You are authorized to provide Public Assistance in the designated areas, Hazard Mitigation throughout the Commonwealth, and any other forms of assistance under the Stafford Act you may deem appropriate. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs. If Other Needs Assistance under Section 408 of the Stafford Act is later warranted, Federal funding under that program will also be limited to 75 percent of the total eligible costs. Further, you are authorized to make changes to this declaration to the extent allowable under the Stafford Act. The Federal Emergency Management Agency

(FEMA)hereby gives notice that pursuant to the authority vested in the Director, under Executive Order 12148, as amended, Gracia Szczech, of FEMA is appointed to act as the Federal Coordinating Officer for this declared disaster. I do hereby determine the following areas of the Commonwealth of Virginia to have been affected adversely by this declared major disaster: Accomack, Caroline, Charles City, Dinwiddie, Essex, Gloucester, Isle of Wight, James City, King William, Lancaster, Mathews, Middlesex, Northampton, Northumberland, Richmond, Surry, Sussex, Westmoreland, and York Counties and the independent cities of Poquoson and Richmond for Public Assistance. All counties within the Commonwealth of Virginia are eligible to apply for assistance under the Hazard Mitigation Grant Program. (The following Catalog of Federal Domestic Assistance Numbers

(CFDA)are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program-Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.) R. David Paulison, Under Secretary for Federal Emergency Management and Director of FEMA. [FR Doc. E6-16335 Filed 10-3-06; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Notice of Availability of the Record of Decision

(Rod)for a Proposed Lease of Tribal Trust Lands Between Private Fuel Storage, L.L.C.

(PFS)and Skull Valley Band of Goshute Indian

(Band)in Tooele County, UT AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Availability. SUMMARY: The Bureau of Indian Affairs

(BIA)has signed the Record of Decision

(ROD)that disapproves a proposed lease of tribal trust lands between Private Fuel Storage, L.L.C.

(PFS)and the Skull Valley Band of Goshute Indians. BIA analyzed the environmental impacts of the proposed lease under the National Environmental Policy Act

(NEPA)and issued a draft environmental impact statement

(EIS)in June 2000, and the final EIS

(FEIS)in December 2001. The BIA decision is based on review of the draft EIS; the FEIS; comments received from the public, other Federal agencies, and State and local governments; consideration of the required factors under the Indian Long-term Leasing Act and implementing regulation; and discussion of all the alternatives with the cooperating agencies. FOR FURTHER INFORMATION CONTACT: Arch Wells; Deputy Director, Office of Trust Services, Bureau of Indian Affairs; 1849 C St. NW.; Washington, DC 20240; Telephone

(202)208-7513. ADDRESSES: Copies of the Record of Decision are available from Arch Wells; Office of Trust Services; Bureau of Indian Affairs; 1849 C St. NW.; Washington, DC 20240. SUPPLEMENTARY INFORMATION: The Skull Valley Bank of Goshute Indians is a federal recognized Tribe with 125 enrolled members. The Band's reservation consists of 18,540 acres in Tooele County, Utah, about 70 miles West of Salt Lake City. Approximately 30 Band members live on the reservation. The proposed lease would have allowed for the operation of an Independent Spent Fuel Storage Installation (ISFSI) on tribal lands. Spent nuclear fuel

(SNF)consists mainly of intact fuel rods removed from a nuclear reactor. The rods contain pellets of uranium, each about the size of a pencil eraser, that are the source of heat inside a reactor vessel. When removed from reactors, the uranium pellets stay in the fuel rods, which remain highly radioactive and must be stored in specially constructed pools of water (“wet storage”) or in specially designed containers cooled by natural airflow (“dry storage”) until the radioactivity decreases to safer levels, a process that can take thousands of years. The proposed ISFSI at the Goshute Reservation would have been the first large, away from point-of-generation repository of its type to be licensed by the Nuclear Regulatory Commission (NRC). The ISFSI would have been operated by PFS, a private, non-governmental entity composed of eight NRC-licensed nuclear power generators. BIA was required to by law to consider environmental issues concerning the proposed lease. The decision to disapprove the proposed lease is the result of concern over environmental impacts associated with the proposal. The Record of Decision contains the details of BIA's decision and the reasons for it. To obtain a copy of the Record of Decision, send a request to the address given in the ADDRESSES section of this notice. Dated: September 7, 2006. James E. Cason, Associate Deputy Secretary. [FR Doc. 06-8484Filed 10-3-06; 8:45 am] BILLING CODE 4310-W7-M DEPARTMENT OF THE INTERIOR Bureau of Land Management [CA-310-1820-XX] Emergency Closure of Red Mountain Road on BLM-managed public lands near Piercy, CA AGENCY: Bureau of Land Management, Interior. ACTION: Notice of emergency closure of Red Mountain Road due to danger from wildfire. SUMMARY: Notice is hereby given that Red Mountain Road, located on public land managed by the Bureau of Land Management approximately eight miles east of Piercy, California, is closed to public access due to dangers posed by the Nobles Fire. Exempted from this closure are vehicles and personnel involved with fighting the Nobles Fire, federal, state and local officers involved in the enforcement of their duties, and Red Mountain Road area residents who show valid identification. This closure is necessary to protect public health and safety. SUPPLEMENTARY INFORMATION: The closure begins at the junction of Red Mountain Road and U. S. Highway 101 at T24N, R17E, NE corner of Section 7, and continues through the fire area. This closure is made under the authority of 43 CFR 8364. Any person who fails to comply with the provisions of this closure order may be subject to the penalties provided in 43 CFR 8360.0-7. EFFECTIVE DATE: The closure is in effect with posting of this notice and remains in effect until the authorized officer determines that the fire no longer poses a public safety risk. FOR FURTHER INFORMATION CONTACT: BLM Arcata Field Manager Lynda J. Roush, 707-825-2300 or by e-mail at *lynda_roush@ca.blm.gov* ; or Tim Jones, fire management officer, 707-825-2300, or by e-mail at *timothy_jones@ca.blm.gov* . Dated: September 21, 2006. Joseph J. Fontana, Public Affairs Officer, BLM Northern California. [FR Doc. E6-16336 Filed 10-3-06; 8:45 am] BILLING CODE 4310-40-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-702 (Second Review)] Ferrovanadium and Nitrided Vanadium From Russia Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty order on ferrovanadium and nitrided vanadium from Russia would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). Background The Commission instituted this review on May 1, 2006 (71 FR 25609) and determined on August 4, 2006 that it would conduct an expedited review (71 FR 47523, August 17, 2006). The Commission transmitted its determination in this review to the Secretary of Commerce on September 28, 2006. The views of the Commission are contained in USITC Publication 3887 (September 2006), entitled *Ferrovanadium and Nitrided Vanadium from Russia: Investigation No. 731-TA-702 (Second Review)* . By order of the Commission. Issued: September 28, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-16384 Filed 10-3-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-683 (Second Review)] Fresh Garlic From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act), that revocation of the antidumping duty order on fresh garlic from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. 1 The record is defined in sec. 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)). Background The Commission instituted this review on February 1, 2006 (71 FR 5374) and determined on May 8, 2006 that it would conduct an expedited review (71 FR 29352, May 22, 2006). Notice of the scheduling of the Commission's review was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the **Federal Register** on May 22, 2006 (71 FR 29352). The Commission is scheduled to transmit its determination in this review to the Secretary of Commerce on September 28, 2006. The views of the Commission are contained in USITC Publication 3886 (September 2006), entitled *Fresh Garlic From China (Inv. No. 731-TA-683 (Second Review))* . By order of the Commission. Issued: September 28, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-16383 Filed 10-3-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Water Act and the Oil Pollution Act Notice is hereby given that on September 22, 2006, a proposed consent decree in *United States* v. *Nacelle Land & Management Corporation, et al.,* Civ. No. 1:04-cv-201 was lodged with the United States District Court for the Northern District of Ohio. In this action, the United States seeks, pursuant to the Oil Pollution Act, recoupment of the costs incurred by the U.S. Environmental Protection Agency (``U.S. EPA'') in conducting oil response actions at Nacelle Land & Management Corporation's oil and brine separation facility located at 675 Lakeshore Blvd., Painesville Township, Lake County, Ohio (``Nacelle Facility''). The complaint also seeks civil penalties for alleged violations of the Clean Water Act and its pertinent regulations at the Nacelle Facility. Specifically, in its Complaint, the United States, on behalf of the Oil Spill Liability Trust Fund (``OSLTF''), and its administrator, the U.S. Coast Guard, seeks, pursuant to the Oil Pollution Act (OPA), 33 U.S.C. 2701, *et seq.,* to recover all unreimbursed oil removal costs, including interest under OPA Section 1005, 33 U.S.C. 2705, prejudgment interest, administrative and adjudicative costs, and attorney's fees, totaling at least $2,274,337.59, incurred by the United States, and/or expended by the OSLTF, in responding to the discharge and/or substantial threat of discharge of oil at and from Nacelle's the Nacelle Facility. The Complaint also seeks, on behalf of U.S. EPA, civil penalties pursuant to CWA Section 311, 33 U.S.C. 1321(b)(7), from Defendants Nacelle and Lake Underground for discharges of oil and brine into navigable waters of the United States at or adjacent to the Nacelle Facility, and for the failure of Nacelle and Lake Underground to prepare and implement an oil spill prevention control and countermeasures program at the Nacelle Facility. Under the proposed Consent Decree, the United States would recover a total of $300,000 (determined by a Department of Justice financial analyst to be the amount that the corporations can pay) as well as a portion of the proceeds of any sale or lease of certain properties owned by the companies. Of the $300,000 to be recovered, $200,000 would be paid to the OSLTF in satisfaction of the United States' claim for reimbursement of removal costs, and $100,000 would be paid to the OSLTF in full settlement of the United States' claim for civil penalties under CWA Section 311, 33 U.S.C. 1321. A percentage of the proceeds from the sale or lease of properties owned by the corporations also would be paid into the OSLTF. The Department of Justice will receive for a period of thirty

(30)days from the date of this publication comments relating to the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611, and should refer to *United States* v. *Nacelle Land & Management Corp., et al.* D. J. Ref. 90-5-1-1-4365. The proposed Consent Decree may be examined at the Office of the United States Attorney for the Northern District of Ohio, 801 West Superior Avenue Suite 400, Cleveland, OH 44113 (contact Asst. U.S. Attorney Steven Paffilas (216-622-3698)), and at U.S. EPA Region 5, 7th Floor Records Center, 77 West Jackson Blvd., Chicago, Illinois 60604 (contact Assoc. Regional Counsel Deirdre Tanaka (312-886-6730)). During the public comment period, the proposed consent decree may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/open.html* . A copy of the proposed consent decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044-7611 or by faxing or e-mailing a request to Tonia Fleetwood ( *tonia.fleetwood@usdoj.gov* ), fax no.

(202)514-0097, phone confirmation number

(202)514-1547. In requesting a copy from the consent Decree Library, please enclose a check in the amount of $7.25 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. William Brighton, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06-8483 Filed 10-03-06; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code