Notices. Notice

3,671 words·~17 min read·/register/2006/10/17/06-8716

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

BILLING CODE 6210-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Extension of Collection; Comment Request; Title III and VII State Program Report AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging

(AoA)is announcing an opportunity for public comment on the extension of collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days of public comment in response to the notice. This notice solicits comments on the information collection requirements relating to Title III and VII State Program Report. DATES: Submit written or electronic comments on the collection of information by December 18, 2006. ADDRESSES: Submit electronic comments on the collection of information to: *saadia.greenberg@aoa.hhs.gov.* Submit written comments on the collection of information to Administration on Aging, Office of Evaluation, Washington, DC 20201 Attention: SPR Comments. FOR FURTHER INFORMATION CONTACT: Saadia Greenberg at 202-357-3554 or e-mail: *saadia.greenberg@aoa.hhs.gov.* SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget

(OMB)for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency request or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, AoA is publishing notice of the extension of collection of information set forth in this document. With respect to the following collection of information, AoA invites comments on:

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

(2)the accuracy of AoA's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques when appropriate, and other forms of information technology. The Older Americans Act

(OAA)requires annual program performance reports from States. In compliance with this OAA provision, AoA developed a new State Program Report

(SPR)in 1996 as part of its National Aging Program Information System (NAPIS). The SPR collects information about how State Agencies on Aging expend their OAA funds as well as funding from other sources for OAA authorized supportive services. The SPR also collects information on the demographic and functional status of the recipients. This collection was revised in November 2004 (OMB Approval Number 0985-0008). The proposed data collection continuation format remains unchanged from the November 2004 document. It may be found on the AoA Web site at *http://www.aoa.gov/prof/agingnet/NAPIS/docs/SPR-Modified-Form-11.08.04.pdf.* AoA estimates the burden of this collection of information as follows: 2,606 hours. Dated: October 12, 2006. Josefina G. Carbonell, Assistant Secretary for Aging. [FR Doc. E6-17251 Filed 10-16-06; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N-0018] Anne L. Butkovitz; Debarment Order AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is issuing an order under the Federal Food, Drug, and Cosmetic Act (the act) permanently debarring Ms. Anne L. Butkovitz from providing services in any capacity to a person that has an approved or pending drug product application including, but not limited to, a biologics license application. FDA bases this order on a finding that Ms. Butkovitz was convicted of a felony under Federal law for conduct relating to the development or approval, including the process for development or approval, of a drug product under the act. After being given notice of the proposed permanent debarment and her opportunity to request a hearing within the timeframe prescribed by regulation, Ms. Butkovitz failed to request a hearing. Ms. Butkovitz's failure to request a hearing constitutes a waiver of her right to a hearing concerning this action. DATES: This order is effective October 17, 2006. ADDRESSES: Submit applications for termination of debarment to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: Brenda R. Friend, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448, 301-827-6210. SUPPLEMENTARY INFORMATION: I. Background On June 7, 2005, the U.S. District Court for the District of Massachusetts accepted Ms. Anne L. Butkovitz's plea of guilty to one count of making a false statement, a Federal felony offense under 18 U.S.C. 1001. This offense was committed while Ms. Butkovitz was the clinical study coordinator at a safety site for a clinical trial. As a result of this conviction, FDA served Ms. Butkovitz by certified mail on March 7, 2006, a notice proposing to permanently debar Ms. Butkovitz from providing services in any capacity to a person that has an approved or pending drug product application including, but not limited to, a biologics license application. The proposal also offered Ms. Butkovitz an opportunity for a hearing on the proposal. The proposal was based on a finding, under section 306(a)(2)(A) and (c)(2)(A)(ii) of the act (21 U.S.C. 335a(a)(2)(A) and (c)(2)(A)(ii)), that Ms. Butkovitz was convicted of a felony under Federal law for conduct relating to the development or approval of a drug product, including the process for development or approval, of a drug product. Ms. Butkovitz was provided 30 days to file objections and request a hearing. Ms. Butkovitz did not request a hearing. Ms. Butkovitz's failure to request a hearing constitutes a waiver of her opportunity for a hearing and a waiver of any contentions concerning her debarment (21 CFR 12.22(b)(1)). II. Findings and Order Therefore, the Director of the Center for Biologics Evaluation and Research, under section 306(a)(2)(A) of the act, and under authority delegated to the Director (FDA Staff Manual Guide 1410.35), finds that Ms. Butkovitz has been convicted of a felony under Federal law for conduct relating to the development or approval, including the process for development or approval, of a drug product. As a result of the foregoing finding, Ms. Butkovitz is permanently debarred from providing services in any capacity to a person with an approved or pending drug product application (section 306(c)(1)(B) of the act). A drug product means a drug, including a biological product, subject to regulation under sections 505, 512, or 802 of the act (21 U.S.C. 355, 360b, or 382), or under section 351 of the Public Health Service Act (42 U.S.C. 262). Any person with an approved or pending drug product application including, but not limited to, a biologics license application, who knowingly employs or retains as a consultant or contractor, or otherwise uses the services of Ms. Butkovitz, in any capacity, during Ms. Butkovitz's permanent debarment, will be subject to civil money penalties (section 307(a)(6) of the act (21 U.S.C. 335b(a)(6))). If Ms. Butkovitz, during her permanent debarment, provides services in any capacity to a person with an approved or pending drug product application including, but not limited to, a biologics license application, Ms. Butkovitz will be subject to civil money penalties (section 307(a)(7) of the act). In addition, FDA will not accept or review any abbreviated new drug applications submitted by or with the assistance of Ms. Butkovitz during Ms. Butkovitz's permanent debarment (section 306(c)(1)(B) of the act). Any application by Ms. Butkovitz for termination of debarment under section 306(d)(4) of the act should be identified with Docket Number 2006N-0018 and sent to the Division of Dockets Management (see ADDRESSES ). All such submissions are to be filed in four copies (21 CFR 10.20(a)). The public availability of information in these submissions is governed by 21 CFR 10.20(j). Publicly available submissions may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday (21 CFR 10.20(j)(1)). Dated: September 25, 2006. Jesse Goodman, Director, Center for Biologics Evaluation and Research. [FR Doc. E6-17178 Filed 10-16-06; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties AGENCY: Customs and Border Protection, Department of Homeland Security. ACTION: General notice. SUMMARY: This notice advises the public of the quarterly Internal Revenue Service interest rates used to calculate interest on overdue accounts (underpayments) and refunds (overpayments) of customs duties. For the calendar quarter beginning October 1, 2006, the interest rates for overpayments will remain at 7 percent for corporations and 8 percent for non-corporations, and the interest rate for underpayments will remain at 8 percent. This notice is published for the convenience of the importing public and Customs and Border Protection personnel. DATES: *Effective Date:* October 1, 2006. FOR FURTHER INFORMATION CONTACT: Ron Wyman, Revenue Division, Collection and Refunds Branch, 6650 Telecom Drive, Suite #100, Indianapolis, Indiana 46278; telephone

(317)614-4516. SUPPLEMENTARY INFORMATION: Background Pursuant to 19 U.S.C. 1505 and Treasury Decision 85-93, published in the **Federal Register** on May 29, 1985 (50 FR 21832), the interest rate paid on applicable overpayments or underpayments of customs duties must be in accordance with the Internal Revenue Code rate established under 26 U.S.C. 6621 and 6622. Section 6621 was amended (at paragraph (a)(1)(B) by the Internal Revenue Service Restructuring and Reform Act of 1998, Public Law 105-206, 112 Stat. 685) to provide different interest rates applicable to overpayments: one for corporations and one for non-corporations. The interest rates are based on the Federal short-term rate and determined by the Internal Revenue Service

(IRS)on behalf of the Secretary of the Treasury on a quarterly basis. The rates effective for a quarter are determined during the first-month period of the previous quarter. In Revenue Ruling 2006-49, the IRS determined the rates of interest for the calendar quarter beginning October 1, 2006, and ending December 31, 2006. The interest rate paid to the Treasury for underpayments will be the Federal short-term rate (5%) plus three percentage points (3%) for a total of eight percent (8%). For corporate overpayments, the rate is the Federal short-term rate (5%) plus two percentage points (2%) for a total of seven percent (7%). For overpayments made by non-corporations, the rate is the Federal short-term rate (5%) plus three percentage points (3%) for a total of eight percent (8%). These interest rates are subject to change for the calendar quarter beginning January 1, 2007, and ending March 31, 2007. For the convenience of the importing public and Customs and Border Protection personnel the following list of IRS interest rates used, covering the period from before July of 1974 to date, to calculate interest on overdue accounts and refunds of customs duties, is published in summary format. Beginning date Ending date Underpayments (percent) Overpayments (percent) Corporate overpayments (Eff. 1-1-99) (percent) 070174 063075 6 6 070175 013176 9 9 020176 013178 7 7 020178 013180 6 6 020180 013182 12 12 020182 123182 20 20 010183 063083 16 16 070183 123184 11 11 010185 063085 13 13 070185 123185 11 11 010186 063086 10 10 070186 123186 9 9 010187 093087 9 8 100187 123187 10 9 010188 033188 11 10 040188 093088 10 9 100188 033189 11 10 040189 093089 12 11 100189 033191 11 10 040191 123191 10 9 010192 033192 9 8 040192 093092 8 7 100192 063094 7 6 070194 093094 8 7 100194 033195 9 8 040195 063095 10 9 070195 033196 9 8 040196 063096 8 7 070196 033198 9 8 040198 123198 8 7 010199 033199 7 7 6 040199 033100 8 8 7 040100 033101 9 9 8 040101 063001 8 8 7 070101 123101 7 7 6 010102 123102 6 6 5 010103 093003 5 5 4 100103 033104 4 4 3 040104 063004 5 5 4 070104 093004 4 4 3 100104 033105 5 5 4 040105 093005 6 6 5 100105 063006 7 7 6 070106 123106 8 8 7 Dated: October 6, 2006. Jayson P. Ahern, Acting Commissioner, Customs and Border Protection. [FR Doc. E6-17150 Filed 10-16-06; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF THE INTERIOR Office of the Secretary Exxon Valdez Oil Spill Trustee Council; Notice of Meeting AGENCY: Office of the Secretary, Interior. ACTION: Notice of meeting date change. SUMMARY: The Department of the Interior, Office of the Secretary is rescheduling the October 18, 2006, public meeting of the Exxon Valdez Oil Spill Public Advisory Committee to November 2, 2006. DATES: November 2, 2006, at 8:30 a.m. ADDRESSES: Exxon Valdez Oil Spill Trustee Council Office, 441 West 5th Avenue, Suite 500, Anchorage, Alaska. FOR FURTHER INFORMATION CONTACT: Douglas Mutter, Department of the Interior, Office of Environmental Policy and Compliance, 1689 C Street, Suite 119, Anchorage, Alaska, 99501,

(907)271-5011. SUPPLEMENTARY INFORMATION: The Public Advisory Committee was created by Paragraph V.A.4 of the Memorandum of Agreement and Consent Decree entered into by the United States of America and the State of Alaska on August 27, 1991, and approved by the United States District Court for the District of Alaska in settlement of *United States of America* v. *State of Alaska* , Civil Action No. A91-081 CV. The meeting agenda will include review and recommendations on the draft fiscal year 2007 work plan, an update on the injured resources and services list, an update on the herring restoration effort, and an orientation for new Public Advisory Committee members. Willie R. Taylor, Director, Office of Environmental Policy and Compliance. [FR Doc. E6-17232 Filed 10-16-06; 8:45 am] BILLING CODE 4310-RG-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of Draft Environmental Impact Statement, Draft Comprehensive Conservation Plan, and Draft Land Protection Plan for Texas Chenier Plain National Wildlife Refuge Complex AGENCY: Fish and Wildlife Service, Department of the Interior. ACTION: Notice of Availability. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that the Draft Environmental Impact Statement (EIS), Draft Comprehensive Conservation Plan (CCP), and Draft Land Protection Plan

(LPP)are available for the Texas Chenier Plain National Wildlife Refuge Complex. We prepared this CCP pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 (NEPA); and we describe how the Service intends to manage this Refuge Complex over the next 15 years. This draft LPP was prepared pursuant to Service policy and the National Environmental Policy Act of 1969, and would expand the approved acquisition boundary for the four refuges within the Complex. DATES: We must receive your comments on or before January 16, 2007. ADDRESSES: A copy of the Draft EIS, CCP, and LPP is available on a compact disk (CD), and you may obtain a copy by writing: Doug St. Pierre, Natural Resource Planner, U.S. Fish and Wildlife Service, National Wildlife Refuge System, Southwest Region, Division of Planning, P.O. Box 1306, Albuquerque, NM 87103; or, Andy Loranger, Complex Manager, Texas Chenier Plain National Wildlife Refuge Complex, 509 Washington Street, Anahuac, TX 77514. Written comments may be mailed to the above addresses or submitted via electronic mail to: *doug_stpierre@fws.gov* . You may also access and download copies of the draft document at the following website address: *http://southwest.fws.gov/refuges/Plan/index.html* . FOR FURTHER INFORMATION, PLEASE CONTACT: Doug St. Pierre, at 505-248-6636. SUPPLEMENTARY INFORMATION: The National Wildlife System Administration Act of 1966, as amended by the National Wildlife Refuge Improvement Act of 1997 (16 U.S.C. 668dd-668ee et seq.) requires a CCP. The purpose in developing CCPs is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife science, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, the CCPs identify wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. We will review and update these CCPs at least every 15 years in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 (42 U.S.C 4321-4370d). *Background:* The Texas Chenier Plain National Wildlife Refuge Complex contains four refuges: Moody National Wildlife Refuge, Anahuac National Wildlife Refuge, McFaddin National Wildlife Refuge, and Texas Point National Wildlife Refuge. The refuges are located along the Texas Coast, between Houston, Texas, and the Louisiana state line in Chambers, Jefferson, and Galveston Counties, Texas. All four refuges include the Migratory Bird Conservation Act as a primary authority and purpose. Moody NWR was established in 1961 and today consists of a conservation easement on approximately 3,516 acres of coastal marsh. Anahuac NWR was established in 1963 and contains 34,339 acres of coastal marsh and adjoining uplands in fee title ownership. McFaddin NWR was established in 1980 and is 58,861 acres of primarily coastal marsh in a mix of fee title and conservation easements. Texas Point NWR was established in 1979 and consists of 8,952 acres of coastal marsh in fee title ownership. The integrated EIS contains two sets of alternatives addressing two separate but related Federal Actions:

(1)Refuge management alternatives for development of a CCP for the Complex, and

(2)alternatives for expansion of the refuge acquisition boundaries. Five refuge management alternatives are proposed and evaluated for the Refuge Complex. The first management alternative is the “No Action” alternative, required by NEPA, which would continue the current refuge management activities. Current habitat management activities include

(1)water management;

(2)wetland, prairie, and woodlot restoration;

(3)moist soil management units;

(4)cooperative rice farming;

(5)fire management;

(6)controlled livestock grazing; and

(7)exotic/invasive species management. The second management alternative emphasizes intensifying management of wetland habitats for waterfowl, shorebirds, wading birds, and other wetland-dependent migratory birds. The third management alternative emphasizes native habitat restoration and addressing threats from coastal land loss, altered hydrology, exotic species, and contaminants. The fourth management alternative, the Service's preferred alternative, emphasizes an integrated management approach combining

(1)expanded habitat management and restoration programs,

(2)new research and wildlife population monitoring, and

(3)increased efforts to address major threats to ecosystem health. The fifth management alternative emphasizes a passive management approach. All five of these refuge management alternatives make wildlife-dependent recreational opportunities available to the public, including opportunities for hunting, fishing, wildlife observation and photography, and environmental education and interpretation. Four refuge boundary expansion alternatives are proposed and evaluated. The first expansion alternative is the “No Action” alternative, required by NEPA, which would retain the current refuge acquisition boundaries. The second expansion alternative would expand the refuge boundary for Moody NWR by 5,050 acres; for Anahuac NWR by 20,500 acres; for McFaddin NWR by 7,190 acres; and for Texas Point NWR by 850 acres. The total expansion of 33,590 acres continues the historic focus on land acquisition primarily in coastal marsh and adjacent agricultural uplands. The third expansion alternative, the Service's preferred alternative, would expand the refuge boundary for Moody NWR by 7,920 acres; for Anahuac NWR by 47,750 acres; for McFaddin NWR by 7,190 acres; and for Texas Point NWR by 1,400 acres. The total expansion of 64,260 acres includes all of the coastal marsh and adjacent agricultural uplands from the second expansion alternative plus two important areas of native coastal prairie. The fourth expansion alternative would expand the refuge boundary for Moody NWR by 7,920 acres, for Anahuac NWR by 64,910, for McFaddin NWR by 29,890 acres, and for Texas Point NWR by 1,400 acres. The total expansion of 104,120 acres includes all of the lands in the third expansion alternative along with a large freshwater marsh north of the current McFaddin NWR and a near-coast bottomland hardwood area important to neotropical migratory birds. Lands acquired in the future would be managed according to the strategies contained in the Service's preferred management alternative. *Public Meetings:* The Service will hold at least two public meetings in Chambers and Jefferson Counties, Texas, 30 days after publication of this notice to present the draft document, answer questions, and receive formal public comments. Notice of the meetings will be posted in local newspapers and other media outlets and given through special mailings to individuals and organizations that have expressed interest in this planning effort. Editorial note: This document was received at the Office of the Federal Register October 11, 2006. Dated: April 3, 2006. Geoffrey L. Haskett, Acting, Regional Director, U.S. Fish and Wildlife Service,Albuquerque, New Mexico. [FR Doc. E6-17087 Filed 10-16-06; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Geological Survey Scientific Earthquake Studies Advisory Committee AGENCY: U.S. Geological Survey. ACTION: Notice of meeting. SUMMARY: Pursuant to Public Law 106-503, the Scientific Earthquake Studies Advisory Committee (SESAC) will hold its fourteenth meeting. The meeting location is the Albuquerque Seismological Laboratory, 10002 Isleta Road, SE, Kirtland AFB, New Mexico 87117. The Committee is comprised of members from academia, industry, and State government. The Committee shall advise the Director of the U.S. Geological Survey

(USGS)on matters relating to the USGS's participation in the National Earthquake Hazards Reduction Program. The Committee will provide guidance on the USGS's contributions to the Global Seismographic Network and report preparation. Meetings of the Scientific Earthquake Studies Advisory Committee are open to the public. DATES: October 30, 2006, commencing at 9 a.m. and adjourning at noon on October 31, 2006. *Contact:* Dr. David Applegate, U.S. Geological Survey, MS 905, 12201 Sunrise Valley Drive, Reston, Virginia 20192,

(703)648-6714, *applegate@usgs.gov.* Dated: October 2, 2006. Rama Kotra, Acting Associate Director for Geology. [FR Doc. 06-8716 Filed 10-16-06; 8:45 am]

Connectionstraces to 12

Traces to 12 documents

U.S. Code