Fed. Reg. Notices — Notice of a Modified or Altered S…

BILLING CODE 6725-01-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated.

The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 21, 2006. **A. Federal Reserve Bank of Chicago** (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. David R. Barnes and Francesca DeRose* , both of Racine, Wisconsin;

Nicolet DeRose, Kenosha, Wisconsin, and Kari Barnes, Tigard, Oregon; to acquire voting shares of Wisconsin Bancshares, Inc., Kenosha, Wisconsin, and thereby indirectly acquire voting shares of Banks of Wisconsin, Kenosha, Wisconsin. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Karen K. Zaun* , Saint Cloud, Minnesota; to acquire voting shares of Eden Valley Bancshares, Inc., Eden Valley, Minnesota, and thereby indirectly acquire voting shares of State Bank in Eden Valley, Eden Valley, Minnesota.

Board of Governors of the Federal Reserve System, November 1, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-18621 Filed 11-3-06; 8:45 am] BILLING CODE 6210-01-S 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 Web site at http://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 December 1, 2006. **A. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St.

Louis, Missouri 63166-2034: *1. The McGehee Bank Employee Stock Ownership Plan* , McGehee, Arkansas; to become a bank holding company by acquiring up to 28 percent of the voting shares of Southeast Financial Bankstock Corporation, McGehee, Arkansas, and thereby indirectly acquire voting shares of McGehee Bank, McGehee, Arkansas. Board of Governors of the Federal Reserve System, November 1, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-18622 Filed 11-3-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers For Medicare & Medicaid Services Privacy Act of 1974;

Report of a Modified or Altered System AGENCY: Centers for Medicare & Medicaid Services, HHS. ACTION: Notice of a Modified or Altered System of Records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify or alter an existing system of records titled “Common Working File (CWF),” System No. 09-70-0526,” most recently modified at 67 **Federal Register**

(FR)3210 (January 23, 2002). We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 8 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. We will modify existing routine use number 5 that permits disclosure to Peer Review Organizations (PRO). Organizations previously referred to as PROs will be renamed to read: Quality Improvement Organizations (QIO). Information will be disclosed to QIOs relating to assessing and improving quality of care as well as proper payment of claims. The modified routine use will remain as routine use number 5. We will broaden the scope of routine uses number 10 and 11, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating “waste” which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Public Law 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the system of records is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

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

(2)assist another Federal or State agency, agency of a State government, an agency established by State law, or its fiscal agent;

(3)assist third party contacts;

(4)assist providers and suppliers of services directly or through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations

(QIO)or Quality Review Organizations;

(6)assist insurance companies and other groups providing protection for their enrollees, or who are primary payers to Medicare in accordance with 42 United States Code (U.S.C.) 1395y (b);

(7)support an individual or organization for research, evaluation, or epidemiological projects;

(8)support litigation involving the Agency related to this system of records; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care programs. We have provided background information about the modified 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 routine uses, CMS invites comments on all portions of this notice. See EFFECTIVE DATES section for comment period. EFFECTIVE DATES: CMS filed a modified or altered system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on 10/30/2006. To ensure that all parties have adequate time in which to comment, the modified system, including routine uses, will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room 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 zone. FOR FURTHER INFORMATION CONTACT: Richard Wolfsheimer, Health Insurance Specialist, Division of Systems Operations, Business Applications Management Group, Office of Information Services, CMS, Room N2-08-18, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 410-786-6160. SUPPLEMENTARY INFORMATION: I. Description of the Modified or Altered System of Records A. Statutory and Regulatory Basis for System Authority for the maintenance of this system of records is given under the authority of sections 1816, and 1874 of Title XVIII of the Social Security Act (42 U.S.C. 1395h, and 1395kk). B. Collection and Maintenance of Data in the System The system contains information on Medicare beneficiaries, on whose behalf providers have submitted claims for reimbursement on a reasonable cost basis under Medicare Part A and B, or are eligible, and/or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. Information contained in this system consist of billing for medical and other health care services, uniform bill for provider services or equivalent data in an electronic format, and Medicare Secondary Payer

(MSP)records containing other third party liability insurance information necessary for appropriate Medicare claims payment and other documents used to support payments to beneficiaries and providers of services. These forms contain the beneficiary's name, sex, health insurance claim number (HIC), address, date of birth, medical record number, prior stay information, provider name and address, physician's name, and/or identification number, warranty information when pacemakers are implanted or explanted, date of admission or discharge, other health insurance, diagnosis, surgical procedures, and a statement of services rendered for related charges and other data needed to substantiate claims. 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 CWF 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 CWF. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. Disclosure of information from this 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 properly pay medical insurance benefits to or on behalf of entitled beneficiaries. 2. Determines: a. That the purpose for which the disclosure is to be made can only be accomplished if the record is provided in individually identifiable form; b. that the purpose for which the disclosure is to be made is of sufficient importance to warrant the potential effect and/or risk on the privacy of the individual that additional exposure of the record might bring; and c. that 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; and b. remove or destroy at the earliest time all patient-identifiable information. 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 These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the CWF without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We propose to establish or modify the following routine use disclosures of information maintained in the system: 1. To agency contractors, consultants, or grantees, who have been engaged by the agency to assist in the performance of a service related to this collection 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 CMS function 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 a contractor, consultant or grantee whatever information is necessary for the contractor or consultant to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultant or grantee from using or disclosing the information for any purpose other than that described in the contract and requires the contractor, consultant or grantee to return or destroy all information at the completion of the contract. Carriers and intermediaries occasionally work with contractors to identify and recover erroneous Medicare payments for which workers' compensation programs are liable. 2. To another Federal or State agency, agency of a State government, an agency established by State law, or its fiscal agent pursuant to agreements with CMS 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 c. assist Federal/State Medicaid programs within the State. Other Federal or State agencies in their administration of a Federal health program may require CWF information for the purposes of determining, evaluating, and/or assessing cost, effectiveness, and/or the quality of health care services provided in the State, to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. The Treasury Department may require CWF data for investigating alleged theft, forgery, or unlawful negotiation of Medicare reimbursement checks. The United States Postal Service may require CWF data for investigating alleged forgery or theft of reimbursement checks. The Railroad Retirement Board requires CWF information to enable them to assist in the implementation and maintenance of the Medicare program. SSA requires CWF data to enable them to assist in the implementation and maintenance of the Medicare program. The Internal Revenue Service may require CWF data for the application of tax penalties against employers and employee organizations that contribute to Employer Group Health Plan or Large Group Health Plans that are not in compliance with 42 U.S.C. 1395y(b). Disclosure under this routine use shall be used by State Medicaid agencies pursuant to agreements with HHS for administration of State supplementation payments for determinations of eligibility for Medicaid, for enrollment of welfare recipients for medical insurance under section 1843 of the Act, for quality control studies, for determining eligibility of recipients of assistance under Titles IV, and XIX of the Act, and for the complete administration of the Medicaid program. CWF data will be released to the State only on those individuals who are patients under the services of a Medicaid program within the State or who are residents of that State. Occasionally State licensing boards require access to the CWF data for review of unethical practices or nonprofessional conduct. We also contemplate disclosing information under this routine use in situations in which State auditing agencies require CWF information for auditing of Medicare eligibility considerations. Disclosure of physicians' customary charge data are made to State audit agencies in order to ascertain the corrections of Title XIX charges and payments. CMS may enter into an agreement with State auditing agencies to assist in accomplishing functions relating to purposes for this system of records. State and other governmental workers' compensation agencies working with CMS to assure that workers' compensation payments are made where Medicare has erroneously paid and workers' compensation programs are liable. 3. To third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exists, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. the data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: The individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud, waste, and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. Third parties contacts require CWF information in order to provide support for the individual's entitlement to benefits under the Medicare program; to establish the validity of evidence or to verify the accuracy of information presented by the individual or the representative of the applicant, and assist in the monitoring of Medicare claims information of beneficiaries, including proper reimbursement of services provided. Senior citizen volunteers working in the carriers and intermediaries' offices to assist Medicare beneficiaries' request for assistance may require access to CWF information. Occasionally fiscal intermediary/carrier banks, automated clearinghouses, VANS, and provider banks, to the extent necessary transfer to providers electronic remittance advice of Medicare payments, and with respect to provider banks, to the extent necessary to provide account management services to providers using this information. 4. To providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Act. Providers and suppliers of services require CWF information in order to establish the validity of evidence, or to verify the accuracy of information presented by the individual as it concerns the individual's entitlement to benefits under the Medicare program, including proper reimbursement for services provided. Providers and suppliers of services who are attempting to validate items on which the amounts included in the annual Physician/Supplier Payment List, or other similar publications are based. 5. To Quality Improvement Organizations ( QIO) in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part A and Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. QIOs will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to State agencies. QIOs will assist the State agencies in related monitoring and enforcement efforts, assist CMS and Intermediaries and Carriers in program integrity assessment, and prepare summary information for release to CMS. 6. To insurance companies, underwriters, third party administrators (TPA), employers, self-insurers, group health plans, health maintenance organizations (HMO), health and welfare benefit funds, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, liability insurers, no-fault medical automobile insurers, workers' compensation carriers or plans, other groups providing protection against medical expenses without the beneficiary's authorization, and any entity having knowledge of the occurrence of any event affecting

(a)An individual's right to any such benefit or payment, or

(b)the initial right to any such benefit or payment, for the purpose of coordination of benefits with the Medicare program and implementation of the MSP provision at 42 U.S.C. 1395y(b). Information to be disclosed shall be limited to Medicare utilization data necessary to perform that specific function. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. utilize the information solely for the purpose of processing the individual's insurance claims; and c. safeguard the confidentiality of the data and prevent unauthorized access. Other insurers may require CWF information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. 7. To an individual or organization for research, evaluation, or epidemiological projects related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects. CWF data will provide for research, evaluations and epidemiological 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. 8. To 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 is deemed by the Agency to be for a purpose that is compatible with the purposes for which the Agency collected the records. Whenever CMS is involved in litigation, or occasionally when another party is involved in litigation and CMS's 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. 9. To a CMS contractor (including, but not 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 contract or grant with a third party to assist in accomplishing CMS functions relating to the purpose of combating fraud, waste, or abuse. CMS occasionally contracts out certain of its functions 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. 10. To 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 or abuse in such programs. Other agencies may require CWF information for the purpose of combating fraud, waste, and abuse in such Federally-funded programs. B. Additional Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512

(a)(1)). 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 patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against 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 may apply 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 Modified System of Records on Individual Rights CMS proposes to modify 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 of records. 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 are 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 information relating to individuals. Dated: October 24, 2006. John R. Dyer, Chief Operating Officer, Centers for Medicare & Medicaid Services. System No. 09-70-0526 System Name: • Common Working File (CWF),” HHS/CMS/OIS. Security Classification: Level Three Privacy Act Sensitive Data. System Location: The Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at CMS Host Sites located in Birmingham, Alabama, and Dallas, Texas. Categories of Individuals Covered by the System: The system contains information on Medicare beneficiaries, on whose behalf providers have submitted claims for reimbursement on a reasonable cost basis under Medicare Part A and B, or are eligible, and/or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. Categories of Records in the System: Information contained in this system consist of billing for medical and other health care services, uniform bill for provider services or equivalent data in an electronic format, and Medicare Secondary Payer

(MSP)records containing other third party liability insurance information necessary for appropriate Medicare claims payment and other documents used to support payments to beneficiaries and providers of services. These forms contain the beneficiary's name, sex, health insurance claim number (HIC), address, date of birth, medical record number, prior stay information, provider name and address, physician's name, and/or identification number, warranty information when pacemakers are implanted or explanted, date of admission or discharge, other health insurance, diagnosis, surgical procedures, and a statement of services rendered for related charges and other data needed to substantiate claims. Authority for Maintenance of the System: Authority for the maintenance of this system of records is given under the authority of sections 1816, and 1874 of Title XVIII of the Social Security Act (42 United States Code (U.S.C.) 1395h, and 1395kk). Purpose(S) of the System: The primary purpose of the system of records is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

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

(2)assist another Federal or State agency, agency of a State government, an agency established by State law, or its fiscal agent;

(3)assist third party contacts;

(4)assist providers and suppliers of services directly or through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations

(QIO)or Quality Review Organizations;

(6)assist insurance companies and other groups providing protection for their enrollees, or who are primary payers to Medicare in accordance with 42 U.S.C. 1395y (b);

(7)support an individual or organization for research, evaluation, or epidemiological projects;

(8)support litigation involving the Agency related to this system of records; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care 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 These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the CWF without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We propose to establish or modify the following routine use disclosures of information maintained in the system: 1. To agency contractors, consultants, or grantees, who have been engaged by the agency to assist in the performance of a service related to this collection and who need to have access to the records in order to perform the activity. 2. To another Federal or State agency, agency of a State government, an agency established by State law, or its fiscal agent pursuant to agreements with CMS 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 c. assist Federal/State Medicaid programs within the State. 3. To third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: The individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exist, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. the data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: The individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud, waste, and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. 4. To providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Act. 5. To Quality Improvement Organizations ( QIO) in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part A and Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. 6. To insurance companies, underwriters, third party administrators (TPA), employers, self-insurers, group health plans, health maintenance organizations (HMO), health and welfare benefit funds, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, liability insurers, no-fault medical automobile insurers, workers' compensation carriers or plans, other groups providing protection against medical expenses without the beneficiary's authorization, and any entity having knowledge of the occurrence of any event affecting

(a)An individual's right to any such benefit or payment, or

(b)the initial right to any such benefit or payment, for the purpose of coordination of benefits with the Medicare program and implementation of the MSP provision at 42 U.S.C. 1395y (b). Information to be disclosed shall be limited to Medicare utilization data necessary to perform that specific function. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. utilize the information solely for the purpose of processing the individual's insurance claims; and c. safeguard the confidentiality of the data and prevent unauthorized access. 7. To an individual or organization for research, evaluation, or epidemiological projects related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects. 8. To 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 is deemed by the Agency to be for a purpose that is compatible with the purposes for which the Agency collected the records. 9. To a CMS contractor (including, but not 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. 10. To 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 Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 **Federal Register** 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512(a)(1)). 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 patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: Records are maintained on paper, computer diskette and on magnetic storage media. Retrievability: Information can be retrieved by the beneficiary's name, HIC, and assigned unique physician identification number. Safeguards: CMS has safeguards in place for authorized users and monitors such users to ensure against 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 may apply 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. Retention and Disposal: Records are maintained in a secure storage area with identifiers. Records are closed at the end of the calendar year in which paid, then destroyed 6 years and 3 months after final payment/action. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from DOJ. System Manager and Address: Director, Division of Systems Operations, Business Applications Management Group, Office of Information Services, CMS, Room N2-08-18, 7500 Security Boulevard, 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, assigned card key number, and building/secure area, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), and SSN. Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. Record Access Procedure: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also specify the record contents being sought. (These procedures are in accordance with department regulation 45 CFR 5b.5(a)(2)). Contesting Records Procedures: The subject individual should contact the system manager named above, and reasonably identify the records 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). Records Source Categories: Sources of information contained in this records system is furnished by the individual. In most cases, the identifying information is provided to the physician by the individual. Information is obtained from other CMS systems of records and data systems: Health Insurance Master Record, Intermediary Medicare Claims Records, Carrier Medicare Claims Records, MSP Record, Third Party Liability Record, Medicare Entitlement Record, Health Maintenance Organization Record, Hospice Record, and in the case of some MSP situations, through third party contacts. The medical information is provided by the providers of medical services. Systems Exempted from Certain Provisions of the Act: None. [FR Doc. E6-18611 Filed 11-3-06; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers For Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified or Altered System of Records AGENCY: Centers for Medicare & Medicaid Services, HHS. ACTION: Notice of a modified or altered system of records (SOR). SUMMARY: In accordance with the Privacy Act of 1974, we are proposing to modify or alter an existing SOR, “Intermediary Medicare Claims Record

(IMCR)System,” System No. 09-70-0503, last published at 67 **Federal Register** 65982 (October 29, 2002). We propose to change the name of this system to more closely reflect the name of the program used for the processing of Part A claims. We will modify the name to read: “Fiscal Intermediary Shared System (FISS).” We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 8 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. We will broaden the scope of routine uses number 10 and 11, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating “waste” which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Public Law 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the SOR is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

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

(2)assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent;

(3)assist third party contacts;

(4)support providers and suppliers of services dealing through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations (QIO);

(6)assist insurance companies and other groups providing protection for their enrollees, insurers and other groups providing protection against medical expenses who are primary payers to Medicare in accordance with 42 U.S.C. 1395y(b);

(7)support an individual or organization for a research, evaluation, or epidemiological project;

(8)support litigation involving the Agency related to this SOR; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care programs. We have provided background information about the modified 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 modified or altered system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on 10/27/2006. To ensure that all parties have adequate time in which to comment, the modified system, including routine uses, will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room 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 zone. FOR FURTHER INFORMATION CONTACT: Monique Outerbridge, Director, Division of System Operations, Business Applications Management Group, Office of Information Services, CMS, Room N2-07-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 410-786-2535 or via e-mail at *Monique.outerbridge@cms.hhs.gov.* SUPPLEMENTARY INFORMATION: I. Description of the Modified System A. Statutory and Regulatory Basis For SOR In 1988, CMS modified a SOR under the authority of sections 1816, 1862(b) and 1874 of Title XVIII of the Social Security Act (the Act) (42 United States Code

(USC)sections 1395(h), 1395y(b), and 1395kk). B. Scope of the Data Collected The system contains information on Medicare beneficiaries, on whose behalf providers have submitted claims for reimbursement on a reasonable cost basis under Medicare Part A and B, or are eligible, and/or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. Information contained in this system consist of request(s) for payment, provider billing for patient services, prepayment plan for group Medicare practice dealing through a carrier, health insurance claim form, request(s) for medical payment, explanation of benefits, request for claim number verification, payment record transmittal, statement of person regarding Medicare payment for medical services furnished deceased patient, report of prior period of entitlement, itemized bills and other similar documents required to support payments to beneficiaries and to physicians and other suppliers of Part A services, and Medicare secondary payer records containing other party liability insurance information necessary for appropriate Medicare claims payment. II. Collection and Maintenance of Data in the System A. Agency Policies, Procedures, and Restrictions on the Routine Use 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 FISS information that can be associated with an individual as provided for under “Section III. Entities Who May Receive Disclosures Under Routine Use”. Both identifiable and non-identifiable data may be disclosed under a routine use. We will only disclose the minimum personal data necessary to achieve the purpose of FISS. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. In general, disclosure of information from the SOR will be approved only for the minimum information necessary to accomplish the purpose of the disclosure only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected, e.g., to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. 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 These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the FISS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We are proposing to establish or modify the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or grantees, who have been engaged by the agency to assist in the performance of a service related to this collection 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 CMS function 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 a contractor, consultant or grantee whatever information is necessary for the contractor or consultant to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultant or grantee from using or disclosing the information for any purpose other than that described in the contract and requires the contractor, consultant or grantee to return or destroy all information at the completion of the contract. 2. To assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent pursuant to agreements with CMS 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 c. Assist Federal/state Medicaid programs within the state. Other Federal or state agencies in their administration of a Federal health program may require FISS information for the purposes of determining, evaluating, and/or assessing cost, effectiveness, and/or the quality of health care services provided in the state, to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. The Treasury Department may require FISS data for investigating alleged theft, forgery, or unlawful negotiation of Medicare reimbursement checks. The USPS may require FISS data for investigating alleged forgery or theft of reimbursement checks. The RRB requires FISS information to enable them to assist in the implementation and maintenance of the Medicare program. The SSA requires FISS data to enable them to assist in the implementation and maintenance of the Medicare program. The IRS may require FISS data for the application of tax penalties against employers and employee organizations that contribute to Employer Group Health Plan or Large Group Health Plans that are not in compliance with 42 U.S.C. 1395y(b). Disclosure under this routine use shall be used by state Medicaid agencies pursuant to agreements with the HHS for administration of state supplementation payments for determinations of eligibility for Medicaid, for enrollment of welfare recipients for medical insurance under section 1843 of the Social Security Act (the Act), for quality control studies, for determining eligibility of recipients of assistance under Titles IV, and XIX of the Act, and for the complete administration of the Medicaid program. FISS data will be released to the state only on those individuals who are patients under the services of a Medicaid program within the state or who are residents of that state. Occasionally state licensing boards require access to the FISS data for review of unethical practices or non-professional conduct. We also contemplate disclosing information under this routine use in situations in which state auditing agencies require FISS information for auditing of Medicare eligibility considerations. Disclosure of physicians' customary charge data is made to state audit agencies in order to ascertain the corrections of Title XIX charges and payments. CMS may enter into an agreement with state auditing agencies to assist in accomplishing functions relating to purposes for this SOR. State and other governmental worker's compensation agencies working with CMS to assure that workers' compensation payments are made where Medicare has erroneously paid and workers' compensation programs are liable. 3. To assist third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exist, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. The data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: the individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. Third parties contacts require FISS information in order to provide support for the individual's entitlement to benefits under the Medicare program; to establish the validity of evidence or to verify the accuracy of information presented by the individual or the representative of the applicant, and assist in the monitoring of Medicare claims information of beneficiaries, including proper reimbursement of services provided. Senior citizen volunteers working in the carriers and intermediaries' offices to assist Medicare beneficiaries' request for assistance may require access to FISS information. Occasionally fiscal intermediary/carrier banks, automated clearing houses, value added networks (VAN), and provider banks, to the extent necessary transfer to provider's electronic remittance advice of Medicare payments, and with respect to provider banks, to the extent necessary to provide account management services to providers using this information. 4. To assist providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Social Security Act. Providers and suppliers of services require FISS information in order to establish the validity of evidence, or to verify the accuracy of information presented by the individual as it concerns the individual's entitlement to benefits under the Medicare program, including proper reimbursement for services provided. Providers and suppliers of services who are attempting to validate items on which the amounts included in the annual Physician/Supplier Payment List, or other similar publications are based. 5. To support Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part A of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. QIOs will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. QIOs will assist state agencies in related monitoring and enforcement efforts, assist CMS and intermediaries in program integrity assessment, and prepare summary information for release to CMS. 6. To assist insurance companies, third party administrators (TPA), employers, self-insurers, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, group health plans ( *i.e.* , health maintenance organizations

(HMOs)or a competitive medical plan

(CMP)with a Medicare contract, or a Medicare-approved health care prepayment plan (HCPP)), directly or through a contractor, and other groups providing protection for their enrollees. Information to be disclosed shall be limited to Medicare entitlement data. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. Utilize the information solely for the purpose of processing the identified individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. Other insurers, TPAs, HMOs, and HCPPs may require FISS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. 7. To support an individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment-related projects. FISS data will provide for research, evaluation, and epidemiological 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. 8. To assist 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, or occasionally when another party is involved in litigation and CMS's 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. 9. To assist a CMS contractor (including, but not limited to FIs 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 programs. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contract 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 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. 10. 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 FISS information for the purpose of combating fraud, waste, and abuse in such Federally funded programs. B. Additional Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR. 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512

(a)(1)). 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 patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against 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 NIST publications; the DHHS Information Systems Program Handbook and the CMS Information Security Handbook. V. Effects of the Modified System of Records on Individual Rights CMS proposes to modify 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 of records. CMS will take precautionary measures 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 are 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 information relating to individuals. Dated: October 24, 2006. John R. Dyer, Chief Operating Officer, Centers for Medicare & Medicaid Services. System No. 09-70-0503 SYSTEM NAME: “Fiscal Intermediary Shared System (FISS),” HHS/CMS/OIS SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive Data SYSTEM LOCATION: The Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at various contractor sites, CMS Regional Offices, CMS Intermediaries, and at Social Security Field Offices. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The system contains information on Medicare beneficiaries, on whose behalf providers have submitted claims for reimbursement on a reasonable cost basis under Medicare Part A and B, or are eligible, and/or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. CATEGORIES OF RECORDS IN THE SYSTEM: Information contained in this system consist of billing for medical and other health care services, uniform bill for provider services or equivalent data in electronic format, and Medicare secondary payer records containing other third party liability insurance information necessary for appropriate Medicare claims payment and other documents used to support payments to beneficiaries and providers of services. These forms contain the beneficiary's name, gender, health insurance claim number (HICN), address, date of birth, medical record number, prior stay information, provider name and address, physician's name, and/or identification number, warranty information when pacemakers are implanted or explanted, date of admission or discharge, other health insurance, diagnosis, surgical procedures, and a statement of services rendered for related charges and other data needed to substantiate claims. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for maintenance of the system is given under §§ 1816, 1862

(b)and 1874 of Title XVIII of the Social Security Act (the Act) (42 U.S.C. §§ 1395(h), 1395y (b), and 1395kk). PURPOSE(S) OF THE SYSTEM: The primary purpose of the SOR is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

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

(2)assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent;

(3)assist third party contacts;

(4)support providers and suppliers of services dealing through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations (QIO);

(6)assist insurance companies and other groups providing protection for their enrollees, insurers and other groups providing protection against medical expenses who are primary payers to Medicare in accordance with 42 U.S.C. 1395y (b);

(7)support an individual or organization for a research, evaluation, or epidemiological project;

(8)support litigation involving the Agency related to this SOR; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care 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 These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the FISS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We are proposing to establish or modify the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or grantees, who have been engaged by the agency to assist in the performance of a service related to this collection and who need to have access to the records in order to perform the activity. 2. To assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent pursuant to agreements with CMS 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 c. Assist Federal/state Medicaid programs within the state. 3. To assist third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exist, or the custodian of the information will not, as a matter of policy, prsovide it to the individual), or b. The data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: the individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. 4. To assist providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Social Security Act. 5. To support Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part A of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. 6. To assist insurance companies, third party administrators (TPA), employers, self-insurers, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, group health plans ( *i.e.* , health maintenance organizations

(HMOs)or a competitive medical plan

(CMP)with a Medicare contract, or a Medicare-approved health care prepayment plan (HCPP)), directly or through a contractor, and other groups providing protection for their enrollees. Information to be disclosed shall be limited to Medicare entitlement data. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. Utilize the information solely for the purpose of processing the identified individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. 7. To support an individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment-related projects. 8. To assist 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. 9. To assist a CMS contractor (including, but not limited to FIs 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 programs. 10. 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 Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512

(a)(1)). 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 patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: All records are maintained on paper, computer diskette, and on magnetic storage media. RETRIEVABILITY: Information can be retrieved by the beneficiary's name, HICN, and assigned unique physician identification number. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against 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 may apply 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. RETENTION AND DISPOSAL: Records are maintained in a secure storage area with identifiers. Records are closed at the end of the fiscal year, in which paid, and destroyed after 6 years and 3 months. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from DOJ. SYSTEM MANAGER(S) AND ADDRESS: Director, Division of System Operations, Business Applications Management Group, Office of Information Services, CMS, Room N2-07-27, 7500 Security Boulevard, 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, HICN, address, date of birth, and gender, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), and SSN. Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also specify the record contents being sought. (These Procedures are in accordance with Department regulation 45 CFR 5b.5(a)(2)). CONTESTING RECORDS PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the records 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). RECORDS SOURCE CATEGORIES: Sources on information contained in this records system is obtained by the provider from the individual or, in the case of some Medicare secondary payer situations, through third party contacts. The medical information is provided by the providers of medical services. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. Appendix A.—Health Insurance Claims Medicare records are maintained at the CMS Central Office (see section 1 below for the address). Health Insurance Records of the Medicare program can also be accessed through a representative of the CMS Regional Office (see section 2 below for addresses). Medicare claims records are also maintained by private insurance organizations that share in administering provisions of the health insurance programs. These private insurance organizations, referred to as carriers and intermediaries, are under contract to the Centers for Medicare & Medicaid Services and the Social Security Administration to perform specific tasks in the Medicare program (see section three below for addresses for intermediaries, section four for addresses for the carriers, and section five for addresses for the Payment Safeguard Contractors). I. Central Office Address • CMS Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850. II. CMS Regional Offices • Boston Region—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. John F. Kennedy Federal Building, Room 1211, Boston, Massachusetts 02203. Office Hours: 8:30 a.m.-5 p.m. • New York Region—New Jersey, New York, Puerto Rico, Virgin Islands. 26 Federal Plaza, Room 715, New York, New York 10007, Office Hours: 8:30 a.m.-5 p.m. • Philadelphia Region—Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. Post Office Box 8460, Philadelphia, Pennsylvania 19101. Office Hours: 8:30 a.m.-5 p.m. • Atlanta Region—Alabama, North Carolina, South Carolina, Florida, Georgia, Kentucky, Mississippi, Tennessee. 101 Marietta Street, Suite 702, Atlanta, Georgia 30223, Office Hours: 8:30 a.m.-4:30 p.m. • Chicago Region—Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. Suite A-824, Chicago, Illinois 60604. Office Hours: 8 a.m.-4:45 p.m. • Dallas Region—Arkansas, Louisiana, New Mexico, Oklahoma, Texas, 1200 Main Tower Building, Dallas, Texas. Office Hours: 8 a.m.-4:30 p.m. • Kansas City Region—Iowa, Kansas, Missouri, Nebraska. New Federal Office Building, 601 East 12th Street—Room 436, Kansas City, Missouri 64106. Office Hours: 8 a.m.-4:45 p.m. • Denver Region—Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. Federal Office Building, 1961 Stout St—Room 1185, Denver, Colorado 80294. Office Hours: 8 a.m.-4:30 p.m. • San Francisco Region—American Samoa, Arizona, California, Guam, Hawaii, Nevada. Federal Office Building, 10 Van Ness Avenue, 20th Floor, San Francisco, California 94102. Office Hours: 8 a.m.-4:30 p.m. • Seattle Region—Alaska, Idaho, Oregon, Washington. 1321 Second Avenue, Room 615, Mail Stop 211, Seattle, Washington 98101. Office Hours: 8 a.m.-4:30 p.m. III. Intermediary Addresses (Hospital Insurance) • Medicare Coordinator, Assoc. Hospital Serv. Maine (Me Bc), 2 Gannett Drive, South Portland, ME 04106-6911. • Medicare Coordinator, Anthem New Hampshire, 300 Goffs Falls Road, Manchester, NH 03111-0001. • Medicare Coordinator, BC/BS Rhode Island (RI BC), 444 Westminster Street, Providence, RI 02903-3279. • Medicare Coordinator, Empire Medicare Services, 400 S. Salina Street, Syracuse, NY 13202. • Medicare Coordinator, Cooperativa, P.O. Box 363428, San Juan, PR 00936-3428. • Medicare Coordinator, Maryland B/C, P.O. Box 4368, 1946 Greenspring Ave., Timonium, MD 21093. • Medicare Coordinator, Highmark, P5103, 120 Fifth Avenue Place, Pittsburgh, PA 15222-3099. • Medicare Coordinator, United Government Services, 1515 N. Rivercenter Dr., Milwaukee, WI 53212. • Medicare Coordinator, Alabama B/C, 450 Riverchase Parkway East, Birmingham, AL 35298. • Medicare Coordinator, Florida B/C, 532 Riverside Ave., Jacksonville, FL 32202-4918. • Medicare Coordinator, Georgia B/C, P.O. Box 9048, 2357 Warm Springs Road, Columbus, GA 31908. • Medicare Coordinator, Mississippi B/C B MS, P.O. Box 23035, 3545 Lakeland Drive, Jackson, MI 39225-3035. • Medicare Coordinator, North Carolina B/C, P.O. Box 2291, Durham, NC 27702-2291. • Medicare Coordinator, Palmetto GBA A/RHHI, 17 Technology Circle, Columbia, SC 29203-0001. • Medicare Coordinator, Tennessee B/C, 801 Pine Street, Chattanooga, TN 37402-2555. • Medicare Coordinator, Anthem Insurance Co. (Anthem In), P.O. Box 50451, 8115 Knue Road, Indianapolis, IN 46250-1936. • Medicare Coordinator, Arkansas B/C, 601 Gaines Street, Little Rock, AR 72203. • Medicare Coordinator, Group Health of Oklahoma, 1215 South Boulder, Tulsa, OK 74119-2827. • Medicare Coordinator, TrailBlazer, P.O. Box 660156, Dallas, TX 75266-0156. • Medicare Coordinator, Cahaba GBA, STATION 7, 636 Grand Avenue, Des Moines, IA 50309-2551. • Medicare Coordinator, Kansas B/C, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0001. • Medicare Coordinator, Nebraska B/C, P.O. Box 3248, Main Po Station, Omaha, NE 68180-0001. • Medicare Coordinator, Mutual of Omaha, P.O. Box 1602, Omaha, NE 68101. • Medicare Coordinator, Montana B/C, P.O. Box 5017, Great Falls Div., Great Falls, MT 59403-5017. • Medicare Coordinator, Noridian, 4510 13th Avenue SW., Fargo, ND 58121-0001. • Medicare Coordinator, Utah B/C, P.O. Box 30270, 2455 Parleys Way, Salt Lake City, UT 84130-0270. • Medicare Coordinator, Wyoming B/C, 4000 House Avenue, Cheyenne, WY 82003. • Medicare Coordinator, Arizona B/C, P.O. Box 37700, Phoenix, AZ 85069. • Medicare Coordinator, UGS, P.O. Box 70000, Van Nuys, CA 91470-0000. • Medicare Coordinator, Regents BC, P.O. Box 8110 M/S D-4A, Portland, OR 97207-8110. • Medicare Coordinator, Premera BC, P.O. Box 2847, Seattle, WA 98111-2847. IV. Medicare Carriers • Medicare Coordinator, NHIC, 75 Sargent William Terry Drive, Hingham, MA 02044. • Medicare Coordinator, B/S Rhode Island (RI BS), 444 Westminster Street, Providence, RI 02903-2790. • Medicare Coordinator, Trailblazer Health Enterprises, Meriden Park, 538 Preston Ave., Meriden, CT 06450. • Medicare Coordinator, Upstate Medicare Division, 11 Lewis Road, Binghamton, NY 13902. • Medicare Coordinator, Empire Medicare Services, 2651 Strang Blvd., Yorktown Heights, NY 10598. • Medicare Coordinator, Empire Medicare Services, NJ, 300 East Park Drive, Harrisburg, PA 17106. • Medicare Coordinator, Triple S, #1441 F.D., Roosvelt Ave., Guaynabo, PR 00968. • Medicare Coordinator, Group Health Inc., 4th Floor, 88 West End Avenue, New York, NY 10023. • Medicare Coordinator, Highmark, P.O. Box 89065, 1800 Center Street, Camp Hill, PA 17089-9065. • Medicare Coordinator, Trailblazers Part B, 11150 McCormick Drive, Executive Plaza 3 Suite 200, Hunt Valley, MD 21031. • Medicare Coordinator, Trailblazer Health Enterprises, Virginia, P.O. Box 26463, Richmond, VA 23261-6463. United Medicare Coordinator, Tricenturion, 1 Tower Square, Hartford, CT 06183. • Medicare Coordinator, Alabama B/S, 450 Riverchase Parkway East, Birmingham, AL 35298. • Medicare Coordinator, Cahaba GBA, 12052 Middleground Road, Suite A, Savannah, GA 31419. • Medicare Coordinator, Florida B/S, 532 Riverside Ave, Jacksonville, FL 32202-4918. • Medicare Coordinator, Administar Federal, 9901 Linnstation Road, Louisville, KY 40223. • Medicare Coordinator, Palmetto GBA, 17 Technology Circle, Columbia, SC 29203-0001. • Medicare Coordinator, CIGNA, 2 Vantage Way, Nashville, TN 37228. • Medicare Coordinator, Railroad Retirement Board, 2743 Perimeter Parkway, Building 250, Augusta, GA 30999. • Medicare Coordinator, Cahaba GBA, Jackson Miss, P.O. Box 22545, Jackson, MI 39225-2545. • Medicare Coordinator, Adminastar Federal (IN), 8115 Knue Road, Indianapolis, IN 46250-1936. • Medicare Coordinator, Wisconsin Physicians Service, P.O. Box 8190, Madison, WI 53708-8190. • Medicare Coordinator, Nationwide Mutual Insurance Co., P.O. Box 16788, 1 Nationwide Plaza, Columbus, OH 43216-6788. • Medicare Coordinator, Arkansas B/S, 601 Gaines Street, Little Rock, AR 72203. • Medicare Coordinator, Arkansas-New Mexico, 601 Gaines Street, Little Rock, AR 72203. • Medicare Coordinator, Palmetto GBA-DMERC, 17 Technology Circle, Columbia, SC 29203-0001. • Medicare Coordinator, Trailblazer Health Enterprises, 901 South Central Expressway, Richardson, TX 75080. • Medicare Coordinator, Noridian, 636 Grand Avenue, Des Moines, IA 50309-2551. • Medicare Coordinator, Kansas B/S, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0001. • Medicare Coordinator, Kansas B/S-NE, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0239. • Medicare Coordinator, Montana B/S, P.O. Box 4309, Helena, MT 59601. • Medicare Coordinator, Noridian, 4305 13th Avenue South, Fargo, ND 58103-3373. • Medicare Coordinator, Noridian Backbend (CO), 730 N. Simms #100, Golden, CO 80401-4730. • Medicare Coordinator, Noridian BCBSND (WY), 4305 13th Avenue South, Fargo, ND 58103-3373. • Medicare Coordinator, Utah B/S, P.O. Box 30270, 2455 Parleys Way, Salt Lake City, UT 84130-0270. • Medicare Coordinator, Transamerica Occidental, P.O. Box 54905, Los Angeles, CA 90054-4905. • Medicare Coordinator, NHIC-California, 450 W. East Avenue, Chico, CA 95926. • Medicare Coordinator, Cigna, Suite 254, 3150 Lake Harbor, Boise, ID 83703. • Medicare Coordinator, Cigna, Suite 506, 2 Vantage Way, Nashville, TN 37228. V. Payment Safeguard Contractors • Medicare Coordinator, Aspen Systems Corporation, 2277 Research Blvd., Rockville, MD 20850. • Medicare Coordinator, DynCorp Electronic Data Systems (EDS), 11710 Plaza America Drive, 5400 Legacy Drive, Reston, VA 20190-6017. • Medicare Coordinator, Lifecare Management Partners, Mutual of Omaha Insurance Co., 6601 Little River Turnpike, Suite 300, Mutual of Omaha Plaza, Omaha, NE 68175. • Medicare Coordinator, Reliance Safeguard Solutions, Inc., P.O. Box 30207, 400 South Salina Street, 2890 East Cottonwood Pkwy., Syracuse, NY 13202. • Medicare Coordinator, Science Applications International, Inc., 6565 Arlington Blvd., P.O. Box 100282, Falls Church, VA. • Medicare Coordinator, California Medical Review, Inc., Integriguard Division Federal Sector Civil Group, One Sansome Street, San Francisco, CA 94104-4448. • Medicare Coordinator, Computer Sciences Corporation, Suite 600, 3120 Timanus Lane, Baltimore, MD 21244. • Medicare Coordinator, Electronic Data Systems (EDS), 11710 Plaza America Drive, 5400 Legacy Drive, Plano, TX 75204. • Medicare Coordinator, TriCenturion, L.L.C., P.O. Box 100282, Columbia, SC 29202. [FR Doc. E6-18612 Filed 11-3-06; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers For Medicare & Medicaid Services Privacy Act of 1974; Report of Modified or Altered System AGENCY: Department of Health and Human Services

(HHS)Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of modified or altered system of records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify or alter a SOR, “Carrier Medicare Claims Record

(CMCR)System,” System No. 09-70-0501, most recently modified at 67 **Federal Register** 54428 (August 22, 2002). We propose to change the name of this system to more closely reflect the name of the program used for the processing of Part B claims. We will modify the name to read: “Medicare Multi-Carrier Claims System (MCS).” We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will modify existing routine use number 5 that permits disclosure to Peer Review Organizations (PRO). Organizations previously referred to as PROs will be renamed to read: Quality Improvement Organizations (QIO). Information will be disclosed to QIOs relating to assessing and improving quality of care as well as proper payment of claims. The modified routine use will remain as routine use number 5. We will delete routine use number 8 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. We will broaden the scope of routine uses number 10 and 11, authorizing disclosures to combat fraud and abuse in the Medicare and Medicaid programs to include combating “waste” which refers to specific beneficiary/recipient practices that result in unnecessary cost to all Federally-funded health benefit programs. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Public Law 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the SOR is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

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

(2)assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent;

(3)assist third party contacts;

(4)support providers and suppliers of services dealing through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations (QIO);

(6)assist insurance companies and other groups providing protection for their enrollees, insurers and other groups providing protection against medical expenses who are primary payers to Medicare in accordance with 42 U.S.C. § 1395y (b);

(7)support an individual or organization for a research, evaluation, or epidemiological project;

(8)support litigation involving the Agency related to this SOR; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care programs. We have provided background information about the modified 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 modified or altered system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on 10/30/2006. To ensure that all parties have adequate time in which to comment, the modified system, including routine uses, will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room 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 zone. FOR FURTHER INFORMATION CONTACT: Monique Outerbridge, Director, Division of System Operations, Business Applications Management Group, Office of Information Services, CMS, Room N2-07-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is 410-786-2535 or via e-mail at *Monique.outerbridge@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Description of the Modified System A. Statutory and Regulatory Basis For SOR Authority for the collection and maintenance of this system is given under the provisions of sections 1842, 1862(b) and 1874 of Title XVIII of the Social Security Act (The Act) (42 United States Code (U.S.C.) 1395u, 1395y(b), and 1395kk). B. Scope of the Data Collected The system contains information on Medicare beneficiaries who have submitted claims for Supplemental Medical Insurance

(SMI)benefit (Medicare Part B), or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. Information contained in this system consist of request(s) for payment, provider billing for patient services, prepayment plan for group Medicare practice dealing through a carrier, health insurance claim form, request(s) for medical payment, explanation of benefits, request for claim number verification, payment record transmittal, statement of person regarding Medicare payment for medical services furnished deceased patient, report of prior period of entitlement, itemized bills and other similar documents required to support payments to beneficiaries and to physicians and other suppliers of Part B services, and Medicare secondary payer records containing other party liability insurance information necessary for appropriate Medicare claims payment. II. Collection and Maintenance of Data in the System A. Agency Policies, Procedures, and Restrictions on the Routine Use 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 MCS information that can be associated with an individual as provided for under “Section III. Entities Who May Receive Disclosures Under Routine Use”. Both identifiable and non-identifiable data may be disclosed under a routine use. We will only disclose the minimum personal data necessary to achieve the purpose of MCS. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. In general, disclosure of information from the SOR will be approved only for the minimum information necessary to accomplish the purpose of the disclosure only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected, e.g., to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. 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 These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the MCS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We are proposing to establish or modify the following routine use disclosures of information maintained in the system: 1. To support agency contractors, consultants, or grantees, who have been engaged by the agency to assist in the performance of a service related to this collection 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 CMS function 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 a contractor, consultant or grantee whatever information is necessary for the contractor or consultant to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultant or grantee from using or disclosing the information for any purpose other than that described in the contract and requires the contractor, consultant or grantee to return or destroy all information at the completion of the contract. 2. To assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent pursuant to agreements with CMS 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 c. Assist Federal/state Medicaid programs within the state. Other Federal or state agencies in their administration of a Federal health program may require MCS information for the purposes of determining, evaluating, and/or assessing cost, effectiveness, and/or the quality of health care services provided in the state, to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. The Treasury Department may require MCS data for investigating alleged theft, forgery, or unlawful negotiation of Medicare reimbursement checks. The USPS may require MCS data for investigating alleged forgery or theft of reimbursement checks. The RRB requires MCS information to enable them to assist in the implementation and maintenance of the Medicare program. The SSA requires MCS data to enable them to assist in the implementation and maintenance of the Medicare program. The IRS may require MCS data for the application of tax penalties against employers and employee organizations that contribute to Employer Group Health Plan or Large Group Health Plans that are not in compliance with 42 U.S.C. 1395y (b). Disclosure under this routine use shall be used by state Medicaid agencies pursuant to agreements with the HHS for administration of state supplementation payments for determinations of eligibility for Medicaid, for enrollment of welfare recipients for medical insurance under section 1843 of the Act, for quality control studies, for determining eligibility of recipients of assistance under Titles IV, and XIX of the Act, and for the complete administration of the Medicaid program. MCS data will be released to the state only on those individuals who are patients under the services of a Medicaid program within the state or who are residents of that state. Occasionally state licensing boards require access to the MCS data for review of unethical practices or non-professional conduct. We also contemplate disclosing information under this routine use in situations in which state auditing agencies require MCS information for auditing of Medicare eligibility considerations. Disclosure of physicians' customary charge data is made to state audit agencies in order to ascertain the corrections of Title XIX charges and payments. CMS may enter into an agreement with state auditing agencies to assist in accomplishing functions relating to purposes for this SOR. State and other governmental worker's compensation agencies working with CMS to assure that workers' compensation payments are made where Medicare has erroneously paid and workers compensation programs are liable. 3. To assist third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility for, or an entitlement to, benefits under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exists, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. the data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: the individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud, waste, and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. Third parties contacts require MCS information in order to provide support for the individual's entitlement to benefits under the Medicare program; to establish the validity of evidence or to verify the accuracy of information presented by the individual or the representative of the applicant, and assist in the monitoring of Medicare claims information of beneficiaries, including proper reimbursement of services provided. Senior citizen volunteers working in the carriers and intermediaries' offices to assist Medicare beneficiaries' request for assistance may require access to MCS information. Occasionally fiscal intermediary/carrier banks, automated clearing houses, value added networks (VAN), and provider banks, to the extent necessary transfer to provider's electronic remittance advice of Medicare payments, and with respect to provider banks, to the extent necessary to provide account management services to providers using this information. 4. To assist providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Social Security Act. Providers and suppliers of services require MCS information in order to establish the validity of evidence, or to verify the accuracy of information presented by the individual as it concerns the individual's entitlement to benefits under the Medicare program, including proper reimbursement for services provided. Providers and suppliers of services who are attempting to validate items on which the amounts included in the annual Physician/Supplier Payment List, or other similar publications are based. 5. To Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. QIOs will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. QIOs will assist the state agencies in related monitoring and enforcement efforts, assist CMS and Carriers in program integrity assessment, and prepare summary information for release to CMS. 6. To assist insurance companies, third party administrators (TPA), employers, self-insurers, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, group health plans (i.e., health maintenance organizations

(HMOs)or a competitive medical plan

(CMP)with a Medicare contract, or a Medicare-approved health care prepayment plan (HCPP)), directly or through a contractor, and other groups providing protection for their enrollees. Information to be disclosed shall be limited to Medicare entitlement data. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. Utilize the information solely for the purpose of processing the identified individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. Other insurers, TPAs, HMOs, and HCPPs may require MCS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. 7. To support an individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment-related projects. MCS data will provide for research, evaluation, and epidemiological 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. 8. To assist 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. Whenever CMS is involved in litigation, or occasionally when another party is involved in litigation and CMS's 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. 9. To assist a CMS contractor (including, but not limited to FIs 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 programs. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contract 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 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. 10. 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 MCS information for the purpose of combating fraud, waste, and abuse in such Federally-funded programs. B. Additional Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512

(a)(1)). 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 patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against 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 Modified System of Records on Individual Rights CMS proposes to modify 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 of records. 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 are 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 information relating to individuals. Dated: October 24, 2006. John R. Dyer, Chief Operating Officer, Centers for Medicare & Medicaid Services. System No. 09-70-0501 SYSTEM NAME: “Medicare Multi-Carrier Claims System (MCS),” HHS/CMS/OIS SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive Data. SYSTEM LOCATION: Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850. See Appendix A for various remote sites where this system is also maintained. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The system contains information on Medicare beneficiaries who have submitted claims for Supplemental Medical Insurance

(SMI)benefit (Medicare Part B), or individuals whose enrollment in an employer group health benefits plan covers the beneficiary. CATEGORIES OF RECORDS IN THE SYSTEM: Information contained in this system consist of request(s) for payment, provider billing for patient services, prepayment plan for group Medicare practice dealing through a carrier, health insurance claim form, request(s) for medical payment, explanation of benefits, request for claim number verification, payment record transmittal, statement of person regarding Medicare payment for medical services furnished deceased patient, report of prior period of entitlement, itemized bills and other similar documents required to support payments to beneficiaries and to physicians and other suppliers of Part B services, and Medicare secondary payer records containing other party liability insurance information necessary for appropriate Medicare claims payment. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for the collection and maintenance of this system is given under the provisions of sections 1842, 1862

(b)and 1874 of Title XVIII of the Social Security Act (The Act) (42 United States Code (U.S.C.) 1395u, 1395y (b), and 1395kk). PURPOSE(S) OF THE SYSTEM: The primary purpose of the SOR is to properly pay medical insurance benefits to or on behalf of entitled beneficiaries. Information in this system will also be released to:

(1)support regulatory and policy functions performed within the Agency or by a contractor, consultant, or grantee;

(2)assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent;

(3)assist third party contacts;

(4)support providers and suppliers of services dealing through fiscal intermediaries or carriers;

(5)support Quality Improvement Organizations (QIO);

(6)assist insurance companies and other groups providing protection for their enrollees, insurers and other groups providing protection against medical expenses who are primary payers to Medicare in accordance with 42 U.S.C. § 1395y (b);

(7)support an individual or organization for a research, evaluation, or epidemiological project;

(8)support litigation involving the Agency related to this SOR; and

(9)combat fraud, waste, and abuse in certain Federally-funded health care programs. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. 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 contractor, consultant or grantee who have been engaged by the agency to assist in the accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. 2. To assist another Federal and/or state agency, agency of a state government, an agency established by state law, or its fiscal agent: a. Contribute to the accuracy of CMS' 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 c. Assist Federal/state Medicaid programs within the state. 3. To assist third party contacts (without the consent of the individuals to whom the information pertains) in situations where the party to be contacted has, or is expected to have information relating to the individual's capacity to manage his or her affairs or to his or her eligibility under the Medicare program and, a. The individual is unable to provide the information being sought (an individual is considered to be unable to provide certain types of information when any of the following conditions exists: the individual is confined to a mental institution, a court of competent jurisdiction has appointed a guardian to manage the affairs of that individual, a court of competent jurisdiction has declared the individual to be mentally incompetent, or the individual's attending physician has certified that the individual is not sufficiently mentally competent to manage his or her own affairs or to provide the information being sought, the individual cannot read or write, cannot afford the cost of obtaining the information, a language barrier exists, or the custodian of the information will not, as a matter of policy, provide it to the individual), or b. The data are needed to establish the validity of evidence or to verify the accuracy of information presented by the individual, and it concerns one or more of the following: The individual's entitlement to benefits under the Medicare program; and the amount of reimbursement; any case in which the evidence is being reviewed as a result of suspected fraud, waste, and abuse, program integrity, quality appraisal, or evaluation and measurement of program activities. 4. To assist providers and suppliers of services dealing through fiscal intermediaries or carriers for the administration of Title XVIII of the Act. 5. To Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. 6. To assist insurance companies, third party administrators (TPA), employers, self-insurers, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, group health plans (i.e., health maintenance organizations

(HMO)or a competitive medical plan

(CMP)with a Medicare contract, or a Medicare-approved health care prepayment plan (HCPP)), directly or through a contractor, and other groups providing protection for their enrollees. Information to be disclosed shall be limited to Medicare entitlement data. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom the serve as a TPA; b. Utilize the information solely for the purpose of processing the identified individual's insurance claims; and c. Safeguard the confidentiality of the data a prevent unauthorized access. 7. To support an individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment-related projects. 8. 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. 9. To support a CMS contractor (including, but not limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of the 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 programs. 10. To support 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 To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR Parts 160 and 164, Subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise 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.” (See 45 CFR 164-512(a)(1)). 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 patient population is so small that individuals who are familiar with the enrollees could, because of the small size, use this information to deduce the identity of the beneficiary). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on paper, computer diskette and on magnetic storage media. RETRIEVABILITY: Information can be retrieved by the beneficiary's name, HIC, and assigned unique physician identification number. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against 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. RETENTION AND DISPOSAL: Records are maintained in a secure storage area with identifiers. Records are closed at the end of the fiscal year, in which paid, and destroyed after 6 years and 3 months. All claims-related records are encompassed by the document preservation order and will be retained until notification is received from DOJ. SYSTEM MANAGER(S) AND ADDRESS: Director, Division of Systems Operations, Business Applications Management Group, Office of Information Services, CMS, 7500 Security Boulevard, Room N2-07-27, 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, HIC, address, date of birth, and sex, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), social security number (SSN). Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. 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: Sources of information contained in this records system is obtained from third party agencies, Social Security Administration's Master Beneficiary Record, and CMS's Enrollment Database. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. Appendix A.—Health Insurance Claims Medicare records are maintained at the CMS Central Office (see section 1 below for the address). Health Insurance Records of the Medicare program can also be accessed through a representative of the CMS Regional Office (see section 2 below for addresses). Medicare claims records are also maintained by private insurance organizations that share in administering provisions of the health insurance programs. These private insurance organizations, referred to as carriers and intermediaries, are under contract to the Centers for Medicare & Medicaid Services and the Social Security Administration to perform specific task in the Medicare program (see section three below for addresses for intermediaries, section four addresses the carriers, and section five addresses the Payment Safeguard Contractors. I. Central Office Address CMS Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850. II. CMS Regional Offices Boston Region—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. John F. Kennedy Federal Building, Room 1211, Boston, Massachusetts 02203. Office Hours: 8:30 a.m.-5 p.m. New York Region—New Jersey, New York, Puerto Rico, Virgin Islands. 26 Federal Plaza, Room 715, New York, New York 10007, Office Hours: 8:30 a.m.-5 p.m. Philadelphia Region—Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. Post Office Box 8460, Philadelphia, Pennsylvania 19101. Office Hours: 8:30 a.m.-5 p.m. Atlanta Region—Alabama, North Carolina, South Carolina, Florida, Georgia, Kentucky, Mississippi, Tennessee. 101 Marietta Street, Suite 702, Atlanta, Georgia 30223, Office Hours: 8:30 a.m.-4:30 p.m. Chicago Region—Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. Suite A-824, Chicago, Illinois 60604. Office Hours: 8 a.m.-4:45 p.m. Dallas Region—Arkansas, Louisiana, New Mexico, Oklahoma, Texas, 1200 Main Tower Building, Dallas, Texas. Office Hours: 8 a.m.-4:30 p.m. Kansas City Region—Iowa, Kansas, Missouri, Nebraska. New Federal Office Building, 601 East 12th Street-Room 436, Kansas City, Missouri 64106. Office Hours: 8 a.m.-4:45 p.m. Denver Region—Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. Federal Office Building, 1961 Stout St-Room 1185, Denver, Colorado 80294. Office Hours: 8 a.m.-4:30 p.m. San Francisco Region—American Samoa, Arizona, California, Guam, Hawaii, Nevada. Federal Office Building, 10 Van Ness Avenue, 20th Floor, San Francisco, California 94102. Office Hours: 8 a.m.-4:30 p.m. Seattle Region—Alaska, Idaho, Oregon, Washington. 1321 Second Avenue, Room 615, Mail Stop 211, Seattle, Washington 98101. Office Hours 8 a.m.-4:30 p.m. III. Intermediary Addresses (Hospital Insurance) Medicare Coordinator, Assoc. Hospital Serv. Maine (ME BC), 2 Gannett Drive, South Portland, ME 04106-6911. Medicare Coordinator, Anthem New Hampshire, 300 Goffs Falls Road, Manchester, NH 03111-0001. Medicare Coordinator, BC/BS Rhode Island (RI BC), 444 Westminster Street, Providence, RI 02903-3279. Medicare Coordinator, Empire Medicare Services, 400 S. Salina Street, Syracuse, NY 13202. Medicare Coordinator, Cooperativa, P.O. Box 363428, San Juan, PR 00936-3428. Medicare Coordinator, Maryland B/C, P.O. Box 4368, 1946 Greenspring Ave., Timonium, MD 21093. Medicare Coordinator, Highmark, P5103, 120 Fifth Avenue Place, Pittsburgh, PA 15222-3099. Medicare Coordinator, United Government Services, 1515 N. Rivercenter Dr., Milwaukee, WI 53212. Medicare Coordinator, Alabama B/C, 450 Riverchase Parkway East, Birmingham, AL 35298. Medicare Coordinator, Florida B/C, 532 Riverside Ave., Jacksonville, FL 32202-4918. Medicare Coordinator, Georgia B/C, P.O. Box 9048, 2357 Warm Springs Road, Columbus, GA 31908. Medicare Coordinator, Mississippi B/C B MS, P.O. Box 23035, 3545 Lakeland Drive, Jackson, MI 39225-3035. Medicare Coordinator, North Carolina B/C, P.O. Box 2291, Durham, NC 27702-2291. Medicare Coordinator, Palmetto GBA A/RHHI, 17 Technology Circle, Columbia, SC 29203-0001. Medicare Coordinator, Tennessee B/C, 801 Pine Street, Chattanooga, TN 37402-2555. Medicare Coordinator, Anthem Insurance Co. (Anthem In), P.O. Box 50451, 8115 Knue Road, Indianapolis, IN 46250-1936. Medicare Coordinator, Arkansas B/C, 601 Gaines Street, Little Rock, AR 72203. Medicare Coordinator, Group Health Of Oklahoma, 1215 South Boulder, Tulsa, OK 74119-2827. Medicare Coordinator, TrailBlazer, P.O. Box 660156, Dallas, TX 75266-0156. Medicare Coordinator, Cahaba GBA, Station 7, 636 Grand Avenue, Des Moines, IA 50309-2551. Medicare Coordinator, Kansas B/C, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0001. Medicare Coordinator, Nebraska B/C, P.O. Box 3248, Main Po Station, Omaha, NE 68180-0001. Medicare Coordinator, Mutual Of Omaha, P.O. Box 1602, Omaha, NE 68101. Medicare Coordinator, Montana B/C, P.O. Box 5017, Great Falls Div., Great Falls, MT 59403-5017. Medicare Coordinator, Noridian, 4510 13th Avenue S.W., Fargo, ND 58121-0001. Medicare Coordinator, Utah B/C, P.O. Box 30270, 2455 Parleys Way, Salt Lake City, UT 84130-0270. Medicare Coordinator, Wyoming B/C, 4000 House Avenue, Cheyenne, WY 82003. Medicare Coordinator, Arizona B/C, P.O. Box 37700, Phoenix, AZ 85069. Medicare Coordinator, UGS, P.O. Box 70000, Van Nuys, CA 91470-0000. Medicare Coordinator, Regents BC, P.O. Box 8110 M/S D-4A, Portland, OR 97207-8110. Medicare Coordinator, Premera BC, P.O. Box 2847, Seattle, WA 98111-2847. IV. Medicare Carriers Medicare Coordinator, NHIC, 75 Sargent William Terry Drive, Hingham, MA 02044. Medicare Coordinator, B/S Rhode Island (RI BS), 444 Westminster Street, Providence, RI 02903-2790. Medicare Coordinator, Trailblazer Health Enterprises, Meriden Park, 538 Preston Ave., Meriden, CT 06450. Medicare Coordinator, Upstate Medicare Division, 11 Lewis Road, Binghamton, NY 13902. Medicare Coordinator, Empire Medicare Services, 2651 Strang Blvd., Yorktown Heights, NY 10598. Medicare Coordinator, Empire Medicare Services, NJ, 300 East Park Drive, Harrisburg, PA 17106. Medicare Coordinator, Triple S, #1441 F.D., Roosvelt Ave., Guaynabo, PR 00968. Medicare Coordinator, Group Health Inc., 4th Floor, 88 West End Avenue, New York, NY 10023. Medicare Coordinator, Highmark, P.O. Box 89065, 1800 Center Street, Camp Hill, PA 17089-9065. Medicare Coordinator, Trailblazers Part B, 11150 McCormick Drive, Executive Plaza 3 Suite 200, Hunt Valley, MD 21031. Medicare Coordinator, Trailblazer Health Enterprises, Virginia, P.O. Box 26463, Richmond, VA 23261-6463. United Medicare Coordinator, Tricenturion, 1 Tower Square, Hartford, CT 06183. Medicare Coordinator, Alabama B/S, 450 Riverchase Parkway East, Birmingham, AL 35298. Medicare Coordinator, Cahaba GBA, 12052 Middleground Road, Suite A, Savannah, GA 31419. Medicare Coordinator, Florida B/S, 532 Riverside Ave, Jacksonville, FL 32202-4918. Medicare Coordinator, Administar Federal, 9901 Linnstation Road, Louisville, KY 40223. Medicare Coordinator, Palmetto GBA, 17 Technology Circle, Columbia, SC 29203-0001. Medicare Coordinator, CIGNA, 2 Vantage Way, Nashville, TN 37228. Medicare Coordinator, Railroad Retirement Board, 2743 Perimeter Parkway, Building 250, Augusta, GA 30999. Medicare Coordinator, Cahaba GBA, Jackson Miss, P.O. Box 22545, Jackson, MI 39225-2545. Medicare Coordinator, Adminastar Federal (IN), 8115 Knue Road, Indianapolis, IN 46250-1936. Medicare Coordinator, Wisconsin Physicians Service, P.O. Box 8190, Madison, WI 53708-8190. Medicare Coordinator, Nationwide Mutual Insurance Co., P.O. Box 16788, 1 Nationwide Plaza, Columbus, OH 43216-6788. Medicare Coordinator, Arkansas B/S, 601 Gaines Street, Little Rock, AR 72203. Medicare Coordinator, Arkansas-New Mexico, 601 Gaines Street, Little Rock, AR 72203. Medicare Coordinator, Palmetto GBA-DMERC, 17 Technology Circle, Columbia, SC 29203-0001. Medicare Coordinator, Trailblazer Health Enterprises, 901 South Central Expressway, Richardson, TX 75080. Medicare Coordinator, Nordian, 636 Grand Avenue, Des Moines, IA 50309-2551. Medicare Coordinator, Kansas B/S, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0001. Medicare Coordinator, Kansas B/S-NE, P.O. Box 239, 1133 Topeka Ave., Topeka, KS 66629-0239. Medicare Coordinator, Montana B/S, P.O. Box 4309, Helena, MT 59601. Medicare Coordinator, Nordian, 4305 13th Avenue South, Fargo, ND 58103-3373. Medicare Coordinator, Noridian Backbend (C0), 730 N. Simms #100, Golden, CO 80401-4730. Medicare Coordinator, Noridian BCBSND (WY), 4305 13th Avenue South, Fargo, ND 58103-3373. Medicare Coordinator, Utah B/S, P.O. Box 30270, 2455 Parleys Way, Salt Lake City, UT 84130-0270. Medicare Coordinator, Transamerica Occidental, P.O. Box 54905, Los Angeles, CA 90054-4905. Medicare Coordinator, NHIC-California, 450 W. East Avenue, Chico, CA 95926. Medicare Coordinator, Cigna, Suite 254, 3150 Lake Harbor, Boise, ID 83703. Medicare Coordinator, Cigna, Suite 506, 2 Vantage Way, Nashville, TN 37228. V. Payment Safeguard Contractors Medicare Coordinator, Aspen Systems Corporation, 2277 Research Blvd., Rockville, MD 20850. Medicare Coordinator, DynCorp Electronic Data Systems (EDS), 11710 Plaza America Drive, 5400 Legacy Drive, Reston, VA 20190-6017. Medicare Coordinator, Lifecare Management Partners Mutual of Omaha Insurance Co., 6601 Little River Turnpike, Suite 300, Mutual of Omaha Plaza, Omaha, NE 68175. Medicare Coordinator, Reliance Safeguard Solutions, Inc., P.O. Box 30207, 400 South Salina Street, 2890 East Cottonwood Pkwy., Syracuse, NY 13202. Medicare Coordinator, Science Applications International, Inc., 6565 Arlington Blvd. P.O. Box 100282, Falls Church, VA. Medicare Coordinator, California Medical Review, Inc., Integriguard Division Federal Sector Civil Group, One Sansome Street, San Francisco, CA 94104-4448. Medicare Coordinator, Computer Sciences Corporation, Suite 600, 3120 Timanus Lane, Baltimore, MD 21244. Medicare Coordinator, Electronic Data Systems (EDS), 11710 Plaza America Drive, 5400 Legacy Drive, Plano, TX 75204. Medicare Coordinator, TriCenturion, L.L.C., P.O. Box 100282, Columbia, SC 29202. [FR Doc. E6-18613 Filed 11-3-06; 8:45 am] BILLING CODE 4120-03-P 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, Pub. L. 104-13), the Health Resources and Services Administration

(HRSA)publishes periodic summaries of proposed projects being developed for submission to 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)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(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: The Health Education Assistance Loan

(HEAL)Program Regulations (OMB No. 0915-0108) Extension The Health Education Assistance Loan

(HEAL)Program has regulations that contain notification, reporting and recordkeeping requirements to insure that the lenders, holders and schools participating in the HEAL program follow sound management procedures in the administration of federally-insured student loans. While the regulatory requirements are approved under the OMB number referenced above, much of the burden associated with the regulations is cleared under separate OMB numbers for the HEAL forms and electronic submissions used to report required information. The table below provides the estimate of burden for the remaining regulations. The estimates of burden are as follows: Reporting Requirements No. of respondents No. of transactions Total transactions Hours per response Total burden hours 17 Holders 5 78 12 Min 17 190 Schools .4 76 10 Min 13 Total Reporting 30 Notification Requirements No. of respondents No. of transactions Total transactions Hours per response Total burden hours 7,930 Borrowers 1 7,930 10 Min 1,322 17 Holders 7,910 134,470 10 Min 22,412 190 Schools .89 170 14 Min 40 Total Notification 23,774 Recordkeeping Requirements No. of respondents No. of transactions Total transactions Hours per response Total burden hours 17 Holders 3,568 60,656 14 Min 14,153 190 Schools 257 48,830 15 Min 12,208 Total Recordkeeping 26,361 Total 50,165 Send comments to Susan G. Queen, PhD, 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: October 31, 2006. Cheryl R. Dammons, Director, Division of Policy Review and Coordination. [FR Doc. E6-18620 Filed 11-3-06; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration National Advisory Council on Migrant Health; 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:* National Advisory Council on Migrant Health. *Date and Time:* November 15, 2006, 1 p.m. to 3:30 p.m. (Eastern Time). *Place:* Audio Conference Call, Telephone: 1-866-727-1333, Password: 7822925. *Status:* The meeting will be open to the public. *Purpose:* The purpose of the meeting is to discuss services and issues related to the health of migrant and seasonal farmworkers and their families to be able to formulate recommendations to the Secretary of Health and Human Services. *Agenda:* The agenda includes an overview of the Council's general business activities. The Council will also hear presentations from experts on farmworker issues, including the status of farmworkers health at the local and national level. Agenda items are subject to change as priorities indicate. *For Further Information Contact:* Anyone requiring information regarding the Council should contact Gladys Cate, Office of Minority and Special Populations, Bureau of Primary Health Care, Health Resources and Services Administration, 5600 Fishers Lane, Parklawn Building, Room 15-99, Rockville, Maryland 20857, telephone

(301)594-0367. Dated: October 31, 2006. Cheryl R. Dammons, Director, Division of Policy Review and Coordination. [FR Doc. E6-18626 Filed 11-3-06; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2005-22837] Nationwide Automatic Identification System, Final Programmatic Environmental Impact Statement Record of Decision AGENCY: U.S. Coast Guard, Department of Homeland Security. ACTION: Notice of availability. SUMMARY: The U.S. Coast Guard

(USCG)announces the availability of the Record of Decision

(ROD)for the Nationwide Automatic Identification System

(NAIS)final Programmatic Environmental Impact Statement (PEIS). The NAIS is being implemented pursuant to the Maritime Transportation Security Act of 2002, and will include installation of Automatic Identification System

(AIS)equipment and related support systems on and around communications towers or other structures along 95,000 miles of coastline and inland rivers. The project will enable detection and identification of vessels carrying

(AIS)equipment to enhance maritime domain awareness. ADDRESSES: The ROD and final PEIS are available for viewing online at the DOT's docket management Web site: *http://dms.dot.gov* under docket number 22837. A copy of the ROD and final PEIS can also be obtained on the NAIS project Web site: *http://www.uscg.mil/hq/g-a/AIS/* or by contacting Anita Allen, PhD, NAIS Environmental Manager, at 202-474-3292 or *Anita.A.Allen@uscg.mil.* FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, please call or e-mail Anita Allen, PhD, NAIS Environmental Manager, at 202-475-3292 or *Anita.A.Allen@uscg.mil.* If you have questions on viewing the docket, call Ms. Andrea M. Jenkins, Program Manager, Docket Operations at 202-366-0271. SUPPLEMENTARY INFORMATION: Background and Purpose The Environmental Protection Agency issued a Notice of Availability of the final PEIS in the **Federal Register** on October 6, 2006 (71 FR 59105). As supported by the analysis in the PEIS, the USCG has decided to implement the proposed NAIS project consistent with the Preferred Alternative of using AIS based technology and a combination of the following coverage mechanisms: Establishing a combination of collocated and newly built shore-based RF sites for short-range AIS coverage; leasing commercial satellite services for long-range AIS coverage; and installing AIS equipment on existing offshore oil and gas platforms and data buoys for supplemental long-range coverage. Implementation of the proposed NAIS project through the Preferred Alternative would ensure that the USCG satisfies the purpose and need for NAIS. The Preferred Alternative implementation approach will offer siting flexibility that will help mitigate or minimize the potential for environmental impacts, and allow the USCG to maximize the use of existing infrastructure to meet coverage requirements. Dated: October 30, 2006. J.P. Currier, Rear Admiral, United Stated Coast Guard, Assistant Commandant for Acquisition. [FR Doc. E6-18653 Filed 11-3-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2006-26256] National Maritime Security Advisory Committee AGENCY: Coast Guard, DHS. ACTION: Notice of meeting. SUMMARY: The National Maritime Security Advisory Committee (NMSAC) will hold a meeting to discuss various issues relating to national maritime security. This notice announces the date, time, and location for the meeting of the NMSAC. DATES: NMSAC will meet on Tuesday, November 14, 2006, from 1 p.m. to 5 p.m. The meeting may close early if all business is finished. Written material and requests to make oral presentations should reach the Coast Guard on or before November 1, 2006. Any material requested to be distributed to each member of the Committee should reach the Coast Guard on or before November 1, 2006. ADDRESSES: NMSAC will meet at the Fairfax Marriott at Fair Oaks Hotel, 11787 Lee Jackson Memorial Highway, Fairfax, Virginia, 22033. Send written material and requests to make oral presentations to Mr. Ike Eisentrout, Commandant (G-PCP-1), NMSAC Executive Assistant, U.S. Coast Guard Headquarters, Room 5302, 2100 Second St., SW., Washington, DC 20593-0001. This notice is available on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Mr. Ike Eisentrout, NMSAC Executive Assistant, telephone 202-372-1119, fax 202-372-1905. SUPLEMENTARY INFORMATION: Notice of the meeting is given pursuant to the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770 as amended). Agenda of Meeting The agenda includes the following:

(1)Welcome and opening remarks; introduction of new Executive Assistant.

(2)Approval of Minutes from 25 July 2006 NMSAC Meeting and 13 September 2006 NMSAC Teleconference.

(3)Updates from several working groups to include: Cruise Ship Regulations, Report and analysis of the TSA/DoD Seal User's Guide, MTSA Subchapter H Recommendations, Report and comments on the Maritime Modal Implementation Annex.

(4)Miscellaneous Updates on: Maritime Sector Coordinating Council concept; Report on the Transportation Workers Identification Card initiative; Potential initiatives for the next International Maritime Organization council; Report on the National Maritime Recovery Symposium; Refresher training for committee members on use of Homeport.

(5)Public Comments.

(6)New Committee Action Items.

(7)Closing Remarks. Procedural The meeting is open to the public. However, participation in NMSAC deliberations is limited to NMSAC members, Department of Homeland Security officials, and persons attending the meeting for special presentations. Please note that the meeting may close early if all business is finished. The Fairfax Marriott Hotel is a public facility, but persons attending should be ready to show a photo identification card for admittance to the meeting. At the Chair's discretion, members of the public may make oral presentations during the meeting. If you would like to make an oral presentation at the meeting, please notify the NMSAC Executive Assistant no later than November 1, 2006. If you would like a copy of your material distributed to each member of the Committee in advance of the meeting, please submit 25 copies to the Executive Assistant no later than November 1, 2006. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the Executive Assistant as soon as possible. Tina L. Burke, Commander, U.S. Coast Guard, Acting Chief, Office of Port and Facility Activities, Designated Federal Official, NMSAC. [FR Doc. E6-18681 Filed 11-3-06; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Proposed Collection, Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of a currently approved information collection (OMB Control Number 1010-0090). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget

(OMB)for review and approval. The information collection request

(ICR)concerns the paperwork requirements in the regulations under 30 CFR part 216, subpart B. The title of this ICR is 30 CFR 216.57 Stripper Royalty Rate Reduction Notification. The form associated with this ICR is Form MMS-4377, Stripper Royalty Rate Reduction Notification. DATES: Submit written comments on or before January 5, 2007. ADDRESSES: Submit written comments to Sharron L. Gebhardt, Lead Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service or wish to hand-carry your comments, our courier address is Building 85, Room A-614, Denver Federal Center, West 6th Ave. and Kipling Blvd., Denver, Colorado 80225. You may also e-mail your comments to us at *mrm.comments@mms.gov* . Include the title of the information collection and the OMB control number in the “Attention” line of your comment. Also include your name and return address. If you do not receive a confirmation that we have received your e-mail, contact Ms. Gebhardt at

(303)231-3211. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone

(303)231-3211, FAX

(303)231-3781, or e-mail *sharron.gebhardt@mms.gov* . SUPPLEMENTARY INFORMATION: *Title:* 30 CFR 216.57 Stripper Royalty Rate Reduction Notification. *OMB Control Number:* 1010-0090. *Bureau Form Number:* Form MMS-4377, Stripper Royalty Rate Reduction Notification. *Abstract:* The Secretary of the U.S. Department of the Interior is responsible for collecting royalties from lessees who produce minerals from leased Federal and Indian lands. The Secretary is required by various laws to manage mineral resources production on Federal and Indian lands, collect the royalties due, and distribute the funds in accordance with those laws. The Secretary also has a trust responsibility to manage Indian lands and seek advice and information from Indian beneficiaries. The MMS performs the royalty management functions and assists the Secretary in carrying out the Department's trust responsibility for Indian lands. The Federal Oil and Gas Royalty Management Act (FOGRMA) of 1982, 30 U.S.C. 1701 *et seq.* , states in Section 101(a) that the Secretary “* * * shall establish a comprehensive inspection, collection, and fiscal and production accounting and auditing system to provide the capability to accurately determine oil and gas royalties, interest, fines, penalties, fees, deposits, and other payments owed, and collect and account for such amounts in a timely manner.” The persons or entities described at 30 U.S.C. 1713 are required to make reports and provide reasonable information as defined by the Secretary. Applicable public laws pertaining to mineral leases on Federal and Indian lands are located on our Web site at *http://www.mrm.mms.gov/Laws_R_D/PublicLawsAMR.htm* . When a company or an individual enters into a lease to explore, develop, produce, and dispose of minerals from Federal or Indian lands, that company or individual agrees to pay the lessor a share (royalty) of the value received from production from the leased lands. The lease creates a business relationship between the lessor and the lessee. The lessee is required to report various kinds of information to the lessor relative to the disposition of the leased minerals. Such information is similar to data reported to private and public mineral interest owners and is generally available within the records of the lessee or others involved in developing, transporting, processing, purchasing, or selling of such minerals. The information collected includes data necessary to ensure that the royalties are paid appropriately. The Bureau of Land Management, the surface management agency for Federal onshore leases, granted royalty rate reductions to operators of stripper oil properties producing an average of less than 15 barrels of oil per eligible well per well-day for applicable sales periods from October 1, 1992 through January 31, 2006. See 43 CFR 3103.4-2. The purpose of these royalty rate reductions was to encourage continued production, provide an incentive for enhanced oil recovery projects, discourage abandonment of properties producing an average of less than 15 barrels of oil per eligible well per well-day, and reduce the operator's expenses. The royalty rate for a stripper oil property was lower than the royalty rate reflected in the lease and thus reduced the amount of revenues paid to the Federal Government. Reporters used the Form MMS-4377 to notify MMS of royalty rate changes for production through January 31, 2006. Operators submitted an initial Form MMS-4377 when a new property qualified as a stripper oil property. Reporters submitted Form MMS-4377 to notify MMS of a royalty rate reduction that was lower than the initial royalty rate reduction on an existing stripper oil property (out-year notification). The decision to request an initial royalty rate reduction was voluntary; however, failure to timely submit the out-year notification resulted in the royalty rate change being denied. Although the benefits under 43 CFR 3103.4-2 terminated effective February 1, 2006, MMS continues to verify submitted notifications and sometimes requires the operator to submit an amended notification. Proprietary information submitted to MMS under this collection is protected, and no items of a sensitive nature are collected. The requirement to respond is required to obtain the benefit of a royalty rate reduction. *Frequency:* As requested by MMS. *Estimated Number and Description of Respondents:* 150 operators of stripper oil properties producing an average of less than 15 barrels of oil per eligible well per well-day. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 180 hours. We have not included in our estimates certain requirements performed in the normal course of business and considered usual and customary. The following chart shows the estimated burden hours by CFR section and paragraph: Respondents' Estimated Annual Burden Hours 30 CFR 216 Subpart B Reporting and recordkeeping requirement Hour burden Average number of annual responses Annual burden hours 216.57 Stripper royalty rate reduction notification In accordance with its regulations at 43 CFR 3103.4-1, titled “Waiver, suspension, or reduction of rental, royalty, or minimum royalty,” the Bureau of Land Management

(BLM)may grant reduced royalty rates to operators of low producing oil leases to encourage continued production. Operators who have been granted a reduced royalty rate(s) by BLM must submit a Stripper Royalty Rate Reduction Notification (Form MMS-4377) to MMS for each 12-month qualifying period that a reduced royalty rate(s) is granted [58 FR 64903, Dec. 10, 1993] Please note the BLM citation and title changed to 43 CFR 3103.4-2 Stripper well royalty reductions 1.2 150 180 Total Burden 150 180 *Estimated Annual Reporting and Recordkeeping “Non-hour Cost” Burden:* We have identified no “non-hour cost” burden associated with the collection of information. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501 *et seq.* ) provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. *Comments:* Before submitting an ICR to OMB, PRA Section 3506(c)(2)(A) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:

(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;

(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)enhance the quality, usefulness, and clarity of the information to be collected; and

(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. The PRA also requires agencies to estimate the total annual reporting “non-hour cost” burden to respondents or recordkeepers resulting from the collection of information. If you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information; monitoring, sampling, and testing equipment; and record storage facilities. Generally, your estimates should not include equipment or services purchased:

(i)Before October 1, 1995;

(ii)to comply with requirements not associated with the information collection;

(iii)for reasons other than to provide information or keep records for the Government; or

(iv)as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our ICR submission for OMB approval, including appropriate adjustments to the estimated burden. We will provide a copy of the ICR to you without charge upon request. The ICR also will be posted on our Web site at *http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.* *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.* We also will make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Upon request, we will withhold an individual respondent's home address from the public record, as allowable by law. There also may be circumstances in which we would withhold a respondent's identity, as allowable by law. If you request that we withhold your name and/or address, state your request prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz

(202)208-7744. Dated: October 24, 2006. Lucy Querques Denett, Associate Director for Minerals Revenue Management. [FR Doc. E6-18665 Filed 11-3-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Proposed Collection, Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of a currently approved information collection (OMB Control Number 1010-0110). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are inviting comments on a collection of information that we will submit to the Office of Management and Budget

(OMB)for review and approval. The information collection request

(ICR)is titled “Training and Outreach Evaluation.” The form associated with this collection is Form MMS-4420A-F, Training and Outreach Evaluation. DATES: Submit written comments on or before January 5, 2007. ADDRESSES: Submit written comments to Sharron L. Gebhardt, Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225. If you use an overnight courier service, our courier address is Building 85, Room A-614, Denver Federal Center, 6th Ave. and Kipling Blvd., Denver, Colorado 80225. Please also send a copy of your comments to MMS via e-mail at *mrm.comments@mms.gov.* Include the title of the information collection and the OMB control number in the “Attention” line of your comment. Also include your name and return address. If you do not receive a confirmation that we have received your e-mail, contact Sharron L. Gebhardt at

(303)231-3211. FOR FURTHER INFORMATION CONTACT: Sharron L. Gebhardt, telephone

(303)231-3211, FAX

(303)231-3781, or e-mail *sharron.gebhardt@mms.gov.* SUPPLEMENTARY INFORMATION: *Title:* Training and Outreach Evaluation. *OMB Control Number:* 1010-0110. *Bureau Form Number:* Form MMS-4420A-F. *Abstract:* The Secretary of the U.S. Department of the Interior is responsible for collecting royalties from lessees who produce minerals from leased Federal and Indian lands. The Secretary is required by various laws to manage mineral resources production on Federal and Indian lands, collect the royalties due, and distribute the funds in accordance with those laws. The Secretary also has an Indian trust responsibility to manage Indian lands and seek advice and information from Indian beneficiaries. The MMS performs the royalty management functions and assists the Secretary in carrying out the Department's Indian trust responsibility. The MMS frequently provides training and outreach to our constituents to facilitate their compliance with laws and regulations and to ensure that they are well informed. We present training sessions to oil and gas and solid minerals reporters on various aspects of royalty reporting, production reporting, and valuation. Additionally, we provide training sessions to our financial and systems contractors, state and tribal auditors, and MMS employees. We provide instructor-led or computer-based training. We use the training and outreach evaluation form to survey our customers and to improve our training and outreach efforts, as directed in Executive Order 12862, Setting Customer Service Standards (September 11, 1993). We ask participants to complete and return an evaluation form during the last few minutes of each training or outreach session or upon completion of computer-based training. Participant response is voluntary. Some questions are uniform across all of the evaluation forms; however, some questions are specific to the audience or to each type of training or outreach. The MMS collects this information using Form MMS-4420A-F, Training and Outreach Evaluation. No proprietary information is submitted to MMS under this collection, and no items of a sensitive nature are collected. The requirement to respond is voluntary. *Frequency of Response:* On occasion. *Estimated Number and Description of Respondents:* 2,500 industry representatives, state and tribal auditors, MMS contractors, and MMS employees. *Estimated Annual Reporting and Recordkeeping “Hour” Burden:* 400 hours. Each part of the form requires 9 to 10 minutes to complete, based on the estimate used for the previous renewal of 9.6 minutes per evaluation or response. We calculated the burden hours, as follows: 2,500 respondents × 9.6 minutes = 24,000 minutes / 60 minutes = 400 hours. *Estimated Annual Reporting and Recordkeeping “Non-hour Cost” Burden:* We have identified no “non-hour cost” burdens. *Comments:* The PRA (44 U.S.C. 3501, *et seq.* ) provides an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Before submitting an ICR to OMB, PRA Section 3506(c)(2)(A) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *.” Agencies must specifically solicit comments to:

(a)Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful;

(b)evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)enhance the quality, usefulness, and clarity of the information to be collected; and

(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. The PRA also requires agencies to estimate the total annual reporting “non-hour cost” burden to respondents or recordkeepers resulting from the collection of information. We have not identified non-hour cost burdens for this information collection. If you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and software you purchase to prepare for collecting information; monitoring, sampling, and testing equipment; and record storage facilities. Generally, your estimates should not include equipment or services purchased:

(i)Before October 1, 1995;

(ii)to comply with requirements not associated with the information collection;

(iii)for reasons other than to provide information or keep records for the Government; or

(iv)as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our ICR submission for OMB approval, including appropriate adjustments to the estimated burden. We will provide a copy of the ICR to you without charge upon request, and the ICR will also be posted on our Web site at *http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.* *Public Comment Policy:* We will post all comments in response to this notice on our Web site at *http://www.mrm.mms.gov/Laws_R_D/FRNotices/FRInfColl.htm.* We will also make copies of the comments available for public review, including names and addresses of respondents, during regular business hours at our offices in Lakewood, Colorado. Individual respondents may request we withhold their home address from the public record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you request that we withhold your name and/or address, state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz

(202)208-7744. Dated: October 23, 2006. Lucy Querques Denett, Associate Director for Minerals Revenue Management. [FR Doc. E6-18667 Filed 11-3-06; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before October 21, 2006. Pursuant to § 60.13 of 36 CFR Part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447. Written or faxed comments should be submitted by November 21, 2006. John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. CALIFORNIA Alameda County California Memorial Stadium, Bet. Piedmont Ave., Stadium Rim Way, Canyon Rd., Bancroft Way and Prospect St., Berkeley, 06001086 Los Angeles County Eevin, Ard, House, 851 W. Mountain St., Glendale, 06001087 Mono County Conway Ranch Historic District, Address Restricted, Lee Vining, 06001074 IDAHO Twin Falls County Toana Freight Wagon Road Historic District, Generally run S to N from Nevada-Idaho stateline to the Snake River, Castleford, 06001075 ILLINOIS Madison County Chain of Rocks Bridge, West Chain of Rocks Rd., Madison, 06001091 MASSACHUSETTS Bristol County Cohannet Mill No. 3, 120 Ingell St., Taunton, 06001088 Middlesex County Hildreth-Robbins House, 19 Maple Rd., Chelmsford, 06001090 MICHIGAN Berrien County Ingraham School, 6514 Coloma North Rd., Coloma, 06001084 MISSOURI Gasconade County Hermann Historic District (Boundary Increase), 214 and 304 Franklin, 301-501 Gellert, 2202 MO 100, Hermann, 06001089 MONTANA Lewis and Clark County Williams Street Bridge, Williams St. crossing Ten Mile Creek, N of jct. of Williams St. and Broadwater Ave., Helena, 06001094 Teton County Teton County Courthouse, 1 Main Ave. S, Choteau, 06001093 Valley County Rundle Building, 208 Fifth St. S, Glasgow, 06001092 NEW YORK Broome County Binghamton Railway Company Complex, 375 State St., Binghamton, 06001076 Delaware County Bloomville Methodist Episcopal Church, 35 Church St., Bloomville, 06001080 Monroe County Garbuttsville Cemetery, Union St., Garbutt, 06001077 Orange County Checkerboard Inn, 1292 Orange Turnpike, Monroe, 06001078 Washington County Anthony, Susan B., Childhood House, 2835 NY 29, Battenville, 06001079 OHIO Butler County Voice of America Bethany Relay Station, 8070 Tylersville Rd., West Chester, 06001081 OREGON Wasco County Maupin Section Foreman's House, 601 Deschutes Access Rd., Maupin, 06001082 Washington County Rice, Richard and Helen, House, 26385 N. W. Groveland Dr., Hillsboro, 06001096 TENNESSEE Davidson County Wilkinson House, 7663 Wilkinson Rd., Joelton, 06001095 Roane County Stone, Dr. Gred, Sr., Hospital, 105 Roane St., Oliver Springs, 06001097 TEXAS Tarrant County Ponton, Dr. Arvel and Faye, House, 1208 Mistletoe Dr., Fort Worth, 06001085 Travis County Granger House and the Perch, 805 W. 16th St., Austin, 06001083 VIRGINIA Fairfax County Gunnell, John, House, 489 Arnon Meadow Rd., Great Falls, 06001100 Hampton Independent City Phoebus Historic District, Roughly bounded by VA 64, Mallory St., E. County St. and Willard Ave., Hampton (Independent City), 06001098 Rockingham County Chrisman, George, House, 5341 Shaver Mill Rd., Linville, 06001099 A request for REMOVAL has been made for the following resource: TENNESSEE Sevier County Cole, Alex, Cabin, 5 mi. S of Gatlinburg off U.S. 441 in Great Smokey Mountains Gatlinburg vicinity, 76000165 [FR Doc. E6-18596 Filed 11-3-06; 8:45 am] BILLING CODE 4312-51-P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Glen Canyon Dam Adaptive Management Work Group

(AMWG)AGENCY: Bureau of Reclamation, Interior. ACTION: Notice of intent and notice of public meeting. SUMMARY: The Adaptive Management Program

(AMP)was implemented as a result of the Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to comply with consultation requirements of the Grand Canyon Protection Act (Pub. L. 102-575) of 1992. The AMP includes a federal advisory committee (AMWG), a technical work group (TWG), a monitoring and research center, and independent review panels. The AMWG makes recommendations to the Secretary of the Interior concerning Glen Canyon Dam operations and other management actions to protect resources downstream of Glen Canyon Dam consistent with the Grand Canyon Protection Act. The TWG is a subcommittee of the AMWG and provides technical advice and recommendations to the AMWG. *Dates and Addresses:* The AMWG will conduct the following public meeting: Phoenix, Arizona—December 5-6, 2006. The meeting will begin at 9:30 a.m. and conclude at 5 p.m. on the first day and begin at 8 a.m. and conclude at 3 p.m. on the second day. The meeting will be held at the Fiesta Inn Resort (Encantada Ballroom) located at 2100 South Priest Drive in Tempe, Arizona. *Agenda:* The purpose of the meeting will be to

(1)review and develop a recommendation to the Secretary of the Interior for a Long-Term Experimental Plan;

(2)receive an update on progress for development of a Lower Colorado River recovery program and related work/goals for the endangered humpback chub;

(3)discuss a selective withdrawal structure for Glen Canyon Dam;

(4)review fiscal year 2006 program expenditures;

(5)approve the public outreach Web site; and

(6)discuss research and monitoring reports, basin hydrology, and other administrative and resource issues pertaining to the AMP. To view a copy of the draft agenda, please visit Reclamation's Web site at: *http://www.usbr.gov/uc/rm/amp/amwg/mtgs/06dec05/index.html.* SUPPLEMENTARY INFORMATION: Anticipated Approach Regarding Adoption of Long-Term Experimental Plan Based upon the foregoing agenda, the Department of the Interior anticipates utilizing the information developed through, and any recommendation(s) from, the TWG and the AMWG in preparing appropriate environmental compliance documentation to analyze the alternatives for a Long-Term Experimental Plan for the future operation of Glen Canyon Dam and other potential associated management activities. The Long-Term Experimental Plan is intended to ensure a continued, structured application of adaptive management in such a manner as to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established, including, but not limited to natural and cultural resources and visitor use, consistent with applicable federal law. The Long-Term Experimental Plan will build on a decade of scientific experimentation and monitoring that has taken place as part of the AMP, and will build on the knowledge gained by experiments, operations, and management actions taken under the AMP. Accordingly, the Department intends to tier from earlier National Environmental Policy Act

(NEPA)compliance documents prepared as part of the Department's Glen Canyon AMP efforts, see 40 CFR §§ 1500.4(i), 1502.20, and 1508.20(b), such as the 2002 Environmental Assessment prepared on adaptive management experimental actions at Glen Canyon Dam (Proposed Experimental Releases from Glen Canyon Dam and Removal of Non-Native Fish). Notice of Intent Pursuant to 40 CFR § 1508.22, the Department of the Interior, through this **Federal Register** notice, announces its notice of intent to prepare and consider an environmental impact statement on the adoption of a Long-Term Experimental Plan for the future operation of Glen Canyon Dam and other associated management activities. The Long-Term Experimental Plan is proposed to implement a structured, long-term, program of experimentation (including dam operations, potential modifications to Glen Canyon Dam intake structures, and other potential management actions, such as removal of non-native fish species) in the Colorado River below Glen Canyon Dam. The range of alternatives for the proposed action will be developed following recommendations provided by the AMWG. The Department anticipates initiation of consultation through the U.S. Fish and Wildlife Service, as appropriate, on the consideration and implementation of the Long-Term Experimental Plan. Scoping Pursuant to 40 CFR 1501.7(a)(1), 1501.7(b)(4), the Department of the Interior intends to utilize the information presented at the upcoming AMWG meeting as part of the scoping process in the NEPA process that is intended to address adoption and implementation of a Long-Term Experimental Plan pursuant to this **Federal Register** notice. In addition, Reclamation will also utilize the information developed through prior meetings of the AMWG, TWG, and Science Planning Group as relevant information for the purposes of scoping the upcoming NEPA process and to develop the appropriate scope of analysis pursuant to 40 CFR 1508.25. Opportunities for additional public comment will be described in a subsequent **Federal Register** notice. Relationship With Settlement Agreement in Center for Biodiversity v. Kempthorne Recently, the Center for Biodiversity and others filed suit against the U.S. Department of the Interior regarding operations of Glen Canyon Dam. In a Settlement Agreement approved by the United States District Court for the District of Arizona, the United States and Plaintiffs agreed to the following provision: 1. Not later than January 31, 2007, Reclamation shall initiate environmental documentation activities pursuant to NEPA and the ESA with respect to modification of current, or other prospective, operations of Glen Canyon Dam and associated management actions of Reclamation and other agencies with the Department of the Interior; * * * (Settlement Agreement at section 1, pg. 3) It is the intention of the Department of the Interior to comply with this provision of the Settlement Agreement through this Notice of Intent published in the **Federal Register** . The Settlement Agreement can be found at the following Internet location: *http://www.usbr.gov/uc/rm/amp/amwg/mtgs/06sep06CC/Attach_07.pdf.* FOR FURTHER INFORMATION CONTACT: Dennis Kubly, Bureau of Reclamation, telephone

(801)524-3715; faxogram

(801)524-3858; e-mail at *dkubly@uc.usbr.gov.* To allow full consideration of information by the AMWG members, written notice must be provided to Dennis Kubly, Bureau of Reclamation, Upper Colorado Regional Office, 125 South State Street, Room 6107, Salt Lake City, Utah 84138; telephone

(801)524-3715; faxogram

(801)524-3858; e-mail at *dkubly@uc.usbr.gov* at least five

(5)days prior to the meeting. Any written comments received will be provided to the AMWG members. Public Disclosure It is our practice to make comments, including names, home addresses, home telephone numbers, and e-mail addresses of respondents, available for public review. Individual respondents may request that we withhold their names and/or home addresses, etc., but if you wish us to consider withholding this information you must state this prominently at the beginning of your comments. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure would constitute a clearly unwarranted invasion of privacy. Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. We will always make submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Dated: October 24, 2006. Darryl Beckmann, Deputy Regional Director—UC Region, Bureau of Reclamation. [FR Doc. E6-18575 Filed 11-3-06; 8:45 am] BILLING CODE 4310-MN-P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701-TA-444-446 and 731-TA-1107-1109 (Preliminary)] Coated Free Sheet Paper From China, Indonesia, and Korea AGENCY: United States International Trade Commission. ACTION: Institution of countervailing duty and antidumping investigations and scheduling of preliminary phase investigations. SUMMARY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase countervailing duty investigation Nos. 701-TA-444-446 (Preliminary) and preliminary phase antidumping investigation Nos. 731-TA-1107-1109 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China, Indonesia, and Korea of coated free sheet paper, provided for in subheadings 4810.13.19, 4810.13.20, 4810.13.50, 4810.13.70, 4810.14.19, 4810.14.20, 4810.14.50, 4810.14.70, 4810.19.19, and 4810.19.20 of the Harmonized Tariff Schedule of the United States, that are alleged to be subsidized by the Governments of China, Indonesia, and Korea and that are alleged to be sold in the United States at less than fair value. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) and 732(c)(1)(B) of the Act (19 U.S.C. 1671a(c)(1)(B) and 1673a(c)(1)(B)), the Commission must reach preliminary determinations in countervailing duty and antidumping investigations in 45 days, or in this case by December 15, 2006. The Commission's views are due at Commerce within five business days thereafter, or by December 22, 2006. For further information concerning the conduct of these investigations and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: *Effective Date:* October 31, 2006. FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server ( *http://www.usitc.gov* ). The public record for these investigations may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* —These investigations are being instituted in response to a petition filed on October 31, 2006, by NewPage Corporation, Dayton, OH. *Participation in the investigations and public service list.* —Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission's rules, not later than seven days after publication of this notice in the **Federal Register** . Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. *Limited disclosure of business proprietary information

(BPI)under an administrative protective order

(APO)and BPI service list.* —Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the **Federal Register** . A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. *Conference.* —The Commission's Director of Operations has scheduled a conference in connection with these investigations for 9:30 a.m. on November 21, 2006, at the U.S. International Trade Commission Building, 500 E Street, SW., Washington, DC. Parties wishing to participate in the conference should contact Debra Baker (202-205-3180) not later than November 16, 2006, to arrange for their appearance. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the conference. *Written submissions.* —As provided in sections 201.8 and 207.15 of the Commission's rules, any person may submit to the Commission on or before November 27, 2006, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission's rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II

(C)of the Commission's Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission's rules. Issued: November 1, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-18654 Filed 11-3-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Delaware Hazardous Substances Cleanup Act Notice is hereby given that on September 29, 2006, a proposed Consent Decree in *United States and the State of Delaware* v. *E.I. Dupont De Nemours & Company, Inc., and CIBA Specialty Chemicals Corporation,* Civil Action No. 06-612 was lodged with the United States District Court for the District of Delaware. In this action the United States and the State of Delaware sought claims for natural resource damages brought pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), as amended, 42 U.S.C. 9601 *et seq.* and the Delaware Hazardous Substance Cleanup Act (“HSCA”), 7 *Del. C.* Chapter 91 with respect to the release of hazardous substances from DuPont-Newport chemical facility, located in Newport, Delaware. Under the proposed Consent Decree, the defendants will fund restoration projects on the “Pike Property” as set forth in the Damage Assessment and Restoration Plan (“DARP”, attached to the Consent Decree), and the State of Delaware will hold an environmental covenant for the Pike Property to protect it in perpetuity. Defendants will reimburse each Trustee for its Damage Assessment Costs, and make a payment to Delaware for groundwater injuries. The total value of the settlement as set forth in the Consent Decree is $1.6 million. The Department of Justice will receive for a period of fifteen

(15)days from the date of this publication comments relating to the 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, D.C. 20044-7611, and should refer to *United States and the State of Delaware* v. *E.I. Du Pont De Nemours & Company, Inc., and CIBA Specialty Chemicals Corporation* , D.J. Ref. 90-11-2-883/2. The Consent Decree may be examined at the Office of the United States Attorney, for the District of Delaware, 1007 Orange Street, Suite 700, Wilmington, Delaware. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, *http://www.usdoj.gov/enrd/Consent_Decrees.html.* A copy of the 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 $6.00 (25 cents per page reproduction cost) payable to the U.S. Treasury. A copy of the Consent Decree may also be obtained at the offices of the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Site Investigation and Restoration Branch, 391 Lukens Drive, New Castle, Delaware 19720, Main phone number: 302-395-2600, Site Name: DuPont Newport NRDA DE-X009. Contacts: Jane Biggs Sanger, Elizabeth LaSorte, or Robert Newsome. An electronic version of the Consent Decree and the DARP can be viewed at *http://apps.dnrec.state.de.us/intraviewer/session/frmmain.cfm.* Robert Brook, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 06-9104 Filed 11-3-06; 8:45 am]

Notices. Notice of a Modified or Altered System of Records (SOR)