Notices. Notice
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/register/2006/12/28/06-9907A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 6690-01-M FEDERAL MARITIME COMMISSION Notice of Agreement Filed The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the **Federal Register** . Copies of agreements are available through the Commission's Office of Agreements (202-523-5793 or *tradeanalysis@fmc.gov* ). *Agreement No.:* 011956-002. *Title:* IDX Vessel Sharing Agreement. *Parties:* Emirates Shipping Line FZE;
Shipping Corporation of India, Ltd.; Orient Overseas Container Line Ltd.; Italia Marittima S.p.A.; and Zim Integrated Shipping Services, Ltd. *Filing Party:* Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M Street, NW; Suite 900; Washington, DC 20036. *Synopsis:* The amendment adds Orient Overseas Container Line Ltd. and Italia Marittima S.p.A. as parties to the agreement, makes corresponding changes in the agreement, clarifies provisions dealing with the agreement's duration and termination, and restates the agreement.
By Order of the Federal Maritime Commission. Dated: December 22, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-22294 Filed 12-27-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License; Applicants Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for license as a Non-Vessel-Operating Common Carrier Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C.
Chapter 409 and 46 CFR part 515). Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. Non-Vessel—Operating Common Carrier Ocean Transportation Intermediary Applicants A. Transport, Inc., 2000 Sullivan Road, #D, College Park, GA 30337. Officer: Gi H. Song, President (Qualifying Individual). Cane Freight, Inc., 901 W. Valley Blvd., #C, Alhambra, CA 91803.
Officers: Lilin Yu, Vice President (Qualifying Individual), Zhu Yi, President. OTA Logistics Inc., 7300 Alondra Blvd., Suite 106, Paramount, CA 90723. Officers: Davy Shum, CEO (Qualifying Individual), Tony Chen, General Manager. Dated: December 22, 2006. Bryant L. VanBrakle, Secretary. [FR Doc. E6-22293 Filed 12-27-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Revocations The Federal Maritime Commission hereby gives notice that the following Ocean Transportation Intermediary licenses have been revoked pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515, effective on the corresponding date shown below: *License Number:* 020451N. *Name:* Daniel Cole Logistics, LLC. *Address:* 313 F Trindale Road, Suite 201, Archdale, NC 27263. *Date Revoked:* December 1, 2006. *Reason:* Surrendered license voluntarily. *License Number:* 018287NF. *Name:* Tisco Logistics, Inc. *Address:* 19 Schuyler Street, Pasippany, NJ 07054. *Date Revoked:* December 7, 2006. *Reason:* Surrendered license voluntarily.
Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E6-22291 Filed 12-27-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL MARITIME COMMISSION Ocean Transportation Intermediary License Reissuances Notice is hereby given that the following Ocean Transportation Intermediary licenses have been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409), and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR Part 515.
License No. Name/Address Date Reissued 003172NF The Interport Company, Inc., 2300 E. Higgins, Suite 209A, Elk Grove Village, IL 60007. November 17, 2006. 016159N American Pioneer Shipping L.L.C., 80 Morristown Road, Room 273, Bernardsville, NJ 07924. November 23, 2006. Sandra L. Kusumoto, Director, Bureau of Certification and Licensing. [FR Doc. E6-22292 Filed 12-27-06; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB SUMMARY:
Background Notice is hereby given of the final approval of proposed information collection(s) by the Board of Governors of the Federal Reserve System (Board) under OMB delegated authority, as per 5 CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the Public). Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the Paperwork Reduction Act Submission, supporting statements and approved collection of information instrument(s) are placed into OMB's public docket files.
The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. FOR FURTHER INFORMATION CONTACT: Federal Reserve Board Clearance Officer—Michelle Shore—Division of Research and Statistics, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202-452-3829). OMB Desk Officer—Mark Menchik—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503, or e-mail to *mmenchik@omb.eop.gov.* *Final approval under OMB delegated authority of the extension for three years, with revision, of the following reports:* *Report titles:* Report of Changes in Organizational Structure, Report of Changes in FBO Organizational Structure, Supplement to the Report of Changes in Organizational Structure, Notification of Foreign Branch Status, Annual Report of Bank Holding Companies, and Annual Report of Foreign Banking Organizations (collectively the Structure Reports). *Agency form numbers:* FR Y-10 (formerly FR Y-10, FR Y-10F, FR Y-10S, and FR 2058), FR Y-10E, FR Y-6, and FR Y-7. *OMB control numbers:* 7100-0297, 7100-0069, 7100-0124, and 7100-0125. *Effective Dates:* FR Y-6, FR Y-7, and FR Y-10S:
December 31, 2006; FR Y-10 and FR Y-10E: June 30, 2007. *Frequency:* Event-generated, annual. *Reporters:* Bank holding companies (BHCs), foreign banking organizations (FBOs), member banks, Edge and agreement corporations. *Annual reporting hours:* FR Y-10, 11,072 hours; FR Y-10E, 1,384 hours; FR Y-6, 21,913 hours; FR Y-7, 900 hours. *Estimated average hours per response:* FR Y-10, 1.00 hour; FR Y-10E, 0.50 hours; FR Y-6, 4.25 hours; FR Y-7, 3.50 hours. *Number of respondents:* FR Y-10 and FR Y-10E, 2,768;
FR Y-6, 5,156; FR Y-7, 257. *General description of report:* These information collections are mandatory under the Federal Reserve Act, the BHC Act, and the International Banking Act (12 U.S.C. 248 (a)(1), 321, 601, 602, 611a, 615, 1843(k), 1844(c), 3106, and 3108(a)) and Regulations K and Y (12 CFR 211.13(c), 225.5(b), and 225.87). Individual respondent data are not considered confidential. However, respondents may request confidential treatment for any information that they believe is subject to an exemption from disclosure under the FOIA, 5 U.S.C. 552(b). *Abstract:* The FR Y-10 is an event-generated information collection submitted by top-tier domestic BHCs, including financial holding companies (FHCs), and state member banks unaffiliated with a BHC, to capture changes in their regulated investments and activities.
The Federal Reserve uses the data to monitor structure information on subsidiaries and regulated investments of these entities engaged in banking and nonbanking activities. The FR Y-10F is an event-generated information collection submitted by FBOs, including FHCs, to capture changes in their regulated investments and activities. The Federal Reserve uses the data to ensure compliance with U.S. banking laws and regulations and to determine the risk profile of the FBO. The FR Y-10S is a supplement to the FR Y-10.
The Federal Reserve uses the data to assess the effectiveness of banking organizations' compliance with the Sarbanes-Oxley Act of 2002 and enhance the Federal Reserve's ability to evaluate regulatory data by reconciling it accurately with market data reported to shareholders. The FR 2058 is an event-generated information collection submitted by member banks, BHCs, and Edge and agreement corporations to notify the Federal Reserve of the opening, closing, or relocation of a foreign branch.
The Federal Reserve needs the information to fulfill its statutory obligation to supervise foreign branches of U.S. banking organizations. The FR Y-6 is an annual information collection submitted by top-tier BHCs and nonqualifying FBOs. It collects financial data, an organization chart, and information about shareholders. The Federal Reserve uses the data to monitor holding company operations and determine holding company compliance with the provisions of the Bank Holding Company Act (BHC Act) and Regulation Y (12 CFR part 225).
The FR Y-7 is an annual information collection submitted by qualifying FBOs to update their financial and organizational information with the Federal Reserve. The Federal Reserve uses information to assess an FBO's ability to be a continuing source of strength to its U.S. operations and to determine compliance with U.S. laws and regulations. *Current Actions:* On September 13, 2006, the Federal Reserve published a notice in the **Federal Register** (71 FR 54075) requesting public comment for 60 days on the extension, with revision, of the Structure Reports.
The comment period for this notice expired on November 13, 2006. The Board received comment letters from four large BHCs and three industry trade associations. Nearly all of the commenters supported the Federal Reserve's proposal to combine the FR Y-10, FR Y-10F, FR Y-10S, and FR 2058 into one event-generated reporting form. They noted that this change would streamline and simplify the data submission process. In addition to addressing the comments, the Federal Reserve decided to retain a question on the Banking and Nonbanking Schedules of the FR Y-10 on whether a company is consolidated in the respondent's financial statements.
This data will be collected for certain types of foreign offices as it is needed to determine which institutions must submit the Consolidated Reports of Condition and Income (FFIEC 031 and FFIEC 041; OMB No. 7100-0036). General Comments Definition of Control and Reportable Investments Several commenters raised issues concerning the control standard used to determine reportability for purposes of the reporting forms. For ease of reference, the control standard will be moved to the Glossary portion of the instructions; however, the Glossary entry for control will be identical in substance to the control standard found in the current FR Y-10 and FR Y-10F instructions.
One commenter expressed concern that a reporter's control of 25 percent or more of a company's total equity could, by itself, trigger reportability for purposes of the FR Y-10. However, in 2004, references to control of 25 percent or more of total equity were deleted from the control standard used for purposes of these reporting forms and, as noted, the current revisions make no changes to this control standard. Several commenters requested that public welfare investments be exempt from reportability on the reporting forms.
In addition to their current reportability on the FR Y-10, FR Y-10F, FR Y-6, and FR Y-7, public welfare investments made through banks are also subject to prior-or post-notice filing requirements with federal banking agencies, as are a limited number of similar investments made by BHCs outside banks. To avoid duplicate reporting of these investments, the FR Y-10, FR Y-6, and FR Y-7 instructions would be revised to exempt from reportability those public welfare investments subject to prior-or post-notice filing requirements with federal banking agencies, 1 if held through a company that itself has been reported on the FR Y-10 and that is principally engaged in community development or public welfare activities. 1 Such as those reportable on the CD-1 (OMB No. 1557-0196) or FR H-6 (OMB No. 7100-0278).
One trade association requested an exemption from reporting interests deemed to be controlled by the reporter solely by virtue of the “10 percent voting interest plus a director or officer interlock” presumption used for purposes of the reporting forms. The commenter asserted that this reporting requirement could be especially onerous with respect to FBO reporting of interests on the FR Y-7 held under section 2(h)(2) of the BHC Act. As noted, no change to the definition of control for reporting purposes, including in the application of this control presumption to any of the structure reporting forms, will be made at this time.
Nevertheless, the Federal Reserve will continue to consider whether limited relief from the reporting requirements applicable to section 2(h)(2) investments may be appropriate. Several commenters questioned whether the changes to reporting of limited liability companies, partnerships, limited partnerships, and entities that are 100% owned would require institutions to submit FR Y-10 data for entities currently in existence. The commenters noted that the number of submissions could be very large.
The Federal Reserve will clarify that these new requirements will only be applicable for submissions after June 30, 2007, and would not be imposed retroactively. Several commenters requested further clarifications on reporting partnerships, limited liability companies, and entities with more than one class of voting securities. The Federal Reserve will clarify the FR Y-10 instructions in response to these comments. FR Y-10 Comments Domestic Branch Schedule Several substantive comments were received regarding the proposal to add a schedule to the FR Y-10 to collect data on domestic branches, The Federal Reserve is continuing to evaluate these comments and will address them in a separate **Federal Register** notice in 2007. 4(k) Schedule Commenters also contended that the proposed FR Y-10 instructions require duplicative reporting of information on the Nonbanking and 4(k) schedules when a respondent utilizes 4(k) authority to acquire a going concern or establish a de novo company without engaging in a 4(k) activity that is new to the respondent's organization.
To address the comments, the Federal Reserve will clarify the instructions and delete two event types from the 4(k) schedule. Burden Estimate One large BHC asserted that the Federal Reserve's burden estimate for the FR Y-10 of one hour per response is too low. The Federal Reserve understands that for a large BHC this estimate may appear low. However, the estimate represents an average for all institutions and since the vast majority of respondents are small, the Federal Reserve feels comfortable with the estimate of one hour.
Automation Issues Several commenters raised concerns with the current FR Y-10 online system used to submit the data electronically. The Federal Reserve has arranged a meeting with the commenters to further understand their concerns and will work with the commenters to resolve the issues. FR Y-6 Comments A couple of substantive comments were received regarding the proposal to add a requirement for institutions to verify a list of domestic branches. The Federal Reserve is continuing to evaluate these comments and will address them in a separate **Federal Register** notice in 2007.
This requirement will not be implemented effective December 31, 2006, as originally proposed. FR Y-10S Comments A commenter requested clarifications to the instructions of Schedule A of the FR Y-10S. Data collected on this schedule currently are used to ensure compliance with the Sarbanes-Oxley Act. The commenter asked whether a report is necessary when
(1)a reporter's subsidiary has been dissolved or sold since December 31, 2005, or
(2)there has been no change to the information collected on Schedule A since December 31, 2005. The Federal Reserve will clarify the instructions to indicate that the Cover Page and Schedule A of the FR Y-10S reporting form do not need to be filed in either situation. FR Y-10E Comments One trade association expressed concern about the FR Y-10E free-form supplement that would be used to collect additional structural information deemed to be critical and needed in an expedited manner. This commenter asked the Federal Reserve to reconsider creating the supplement or to clearly circumscribe the situations under which it would be used. This supplement would only be used to meet new legislative requirements, answer Congressional inquiries, or respond to critical market events that could not be addressed in a timely manner through the reports clearance process. Subsequent to the implementation of this supplement, if the data were needed on a permanent basis, the Federal Reserve would complete the entire clearance process, including a request for public comment. Board of Governors of the Federal Reserve System, December 22, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-22259 Filed 12-27-06; 8:45 am] BILLING CODE 6210-01-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 January 16, 2007. **A. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Dan L. Rorvig,* McVille, North Dakota; Teresa L. Rorvig, McVille, North Dakota; Robert J. Fossum, Forest River, North Dakota; and Troy D. Olson, Cooperstown, North Dakota, acting as a group in concert to acquire control of McVille Financial Services, Inc., McVille, North Dakota and thereby indirectly acquire McVille State Bank, McVille, North Dakota. Board of Governors of the Federal Reserve System, December 22, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-22247 Filed 12-27-06; 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 *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 January 24, 2007. **A. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. BancorpSouth, Inc.,* Tupelo, Mississippi; to merge with City Bancorp, Inc., Springfield, Missouri; and thereby indirectly acquire The Signature Bank, Springfield, Missouri. Board of Governors of the Federal Reserve System, December 22, 2006. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E6-22246 Filed 12-27-06; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Submission for OMB Review; Comment Request; Title III and VII State Program Report AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging
(AoA)is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Submit written comments on the collection of information by January 29, 2007. ADDRESSES: Submit written comments on the collection of information by fax 202.395.6974 or by mail to the Office of Information and Regulatory Affairs, OMB, New Executive Office Bldg. Room 10235, 725 17th St. N.W., Washington, DC 20503, Attn: Carolyn Lovett, Desk Officer for AoA. FOR FURTHER INFORMATION CONTACT: Saadia Greenberg at 202-357-3554 or e-mail: *saadia.greenberg@aoa.hhs.gov.* SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, AoA has submitted the following proposed collection of information to OMB for review and clearance. The Older Americans Act
(OAA)requires annual program performance reports from States. In compliance with this OAA provision, the State Program Report
(SPR)collects information about how State Agencies on Aging expend OAA funds as well as funding from other sources for OAA authorized services. The SPR also collects information on the demographic and functional status of the recipients. This collection was revised in November 2004 (OMB Approval Number 0985-0008). The proposed data collection continuation format remains unchanged from the November 2004 document. It may be found at *http://www.aoa.gov/prof/agingnet/NAPIS/docs/SPR-Modified-Form-11.08.04.pdf.* AoA estimates the burden of this collection of information as follows: 2,600 hours. Dated: December 21, 2006. Josefina G. Carbonell, Assistant Secretary for Aging. [FR Doc. E6-22273 Filed 12-27-06; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Agency Information Collection Activities; Submission for OMB Review; Comment Request; Extension of Current Program Announcement and Grant Application Template for Older Americans Act Title IV Discretionary Grants Program AGENCY: Administration on Aging, HHS. ACTION: Notice. SUMMARY: The Administration on Aging
(AoA)is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget
(OMB)for review and clearance under the Paperwork Reduction Act of 1995. DATES: Submit written comments on the collection of information by January 29, 2007. ADDRESSES: Submit written comments on the collection of information by fax 202.395.6974 or by mail to the Office of Information and Regulatory Affairs, OMB, New Executive Office Bldg., 725 17th St. NW., rm. 10235, Washington, DC 20503, Attn: Carolyn Lovett, Desk Officer for AoA. FOR FURTHER INFORMATION CONTACT: Greg Case,
(202)357-3442 or *greg.case@aoa.hhs.gov.* SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, AoA has submitted the following proposed collection of information to OMB for review and clearance. AoA is requesting an extension of the currently approved Program Announcement and Application Instructions Template for the Older Americans Act Title IV Discretionary Grants Program. This template provides the requirements and instructions for the submission of an application for discretionary grants funding opportunities. The template may be found on the AoA Web site at *http://www.aoa.gov/doingbus/doingbus.asp.* *AoA estimates the burden of this collection of information as follows:* *Frequency:* 10—15 Title IV Program Announcements published annually. *Respondents:* State agencies, public agencies, private non-profit agencies, institutions of higher education, and organizations including tribal organizations. *Estimated Number of Responses:* 300 annually. *Total Estimated Burden Hours:* 14,400. Dated: December 21, 2006. Josefina G. Carbonell, Assistant Secretary for Aging. [FR Doc. E6-22276 Filed 12-27-06; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention National Institute for Occupational Safety and Health (NIOSH); Advisory Board on Radiation and Worker Health (ABRWH) In Accordance With Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention Announces the Following Committee Meeting of the ABRWH: *Time and Date:* 11:00 a.m.-5:00 p.m., Eastern Standard Time, Thursday, January 11, 2007. *Place:* Audio Conference Call via FTS Conferencing. The USA toll free dial in number is 1.866.643.6504 with a pass code of 9448550. *Status:* Open to the public, but without a public comment period. *Background:* The Board was established under the Energy Employees Occupational Illness Compensation Program Act of 2000 to advise the President on a variety of policy and technical functions required to implement and effectively manage the new compensation program. Key functions of the Board include providing advice on the development of probability of causation guidelines which have been promulgated by the Department of Health and Human Services
(HHS)as a final rule, advice on methods of dose reconstruction which have also been promulgated by HHS as a final rule, advice on the scientific validity and quality of dose estimation and reconstruction efforts being performed for purposes of the compensation program, and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). In December 2000, the President delegated responsibility for funding, staffing, and operating the Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, and will expire on August 3, 2007. *Purpose:* The Board is charged with
(a)providing advice to the Secretary, HHS, on the development of guidelines under Executive Order 13179;
(b)providing advice to the Secretary, HHS, on the scientific validity and quality of dose reconstruction efforts performed for this program; and
(c)upon request by the Secretary, HHS, provide advice on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is reasonable likelihood that such radiation doses may have endangered the health of members of this class. *Matters To Be Discussed:* The agenda for the meeting includes SEC Petitions for Monsanto and General Atomics; Update on Rocky Flats SEC Working Group activities; Working Group/Subcommittee Updates; Individual Dose Reconstruction Reviews; future Plans and meetings; conflict of interest issues; and Board working time. The agenda is subject to change as priorities dictate. In the event an individual cannot attend, written comments may be submitted. Any written comments received will be provided at the meeting and should be submitted to the contact person below well in advance of the meeting. Due to programmatic matters, this **Federal Register** Notice is being published on less than 15 days notice to the public (41 CFR 102-3.150(b)). FOR FURTHER INFORMATION CONTACT: Dr. Lewis V. Wade, Executive Secretary, NIOSH, CDC, 4676 Columbia Parkway, Cincinnati, Ohio 45226, Telephone 513.533.6825, Fax 513.533.6826. The Director, Management Analysis and Services Office, has been delegated the authority to sign **Federal Register** notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry. Elaine Baker, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E6-22380 Filed 12-27-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers For Medicare & Medicaid Services Privacy Act of 1974; CMS Computer Match No. 2006-06, HHS Computer Match No. 0603 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice of Computer Matching Program (CMP). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, as amended, this notice announces the establishment of a CMP that CMS plans to conduct with various Participating States. We have provided information about the matching program in the “Supplementary Information” section below. The Privacy Act provides an opportunity for interested persons to comment on the matching program. We may defer implementation of this matching program if we receive comments that persuade us to defer implementation. See “Effective Dates” section below for comment period. DATES: *Effective Dates:* CMS filed a report of the CMP with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on December 20, 2006. We will not disclose any information under a matching agreement until 40 days after filing a report to OMB and Congress or 30 days after publication in the **Federal Register** , whichever is later. We may defer implementation of this matching program if we receive comments that persuade us to defer implementation. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Mail-stop N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., eastern daylight time. FOR FURTHER INFORMATION CONTACT: Lourdes Grindal Miller, Health Insurance Specialist, Program Integrity Group, Office of Financial Management, CMS, Mail-stop C3-02-16, 7500 Security Boulevard, Baltimore Maryland 21244-1850. The telephone number is 410-786-1022 and e-mail is *Lourdes.grindalmiller@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Description of the Matching Program A. General The Computer Matching and Privacy Protection Act of 1988 (Public Law (Pub. L.) 100-503), amended the Privacy Act (5 U.S.C. 552a) by describing the manner in which computer matching involving Federal agencies could be performed and adding certain protections for individuals applying for and receiving Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding protections for such individuals. The Privacy Act, as amended, regulates the use of computer matching by Federal agencies when records in a system of records are matched with other Federal, state, or local government records. It requires Federal agencies involved in computer matching programs to: 1. Negotiate written agreements with the other agencies participating in the matching programs; 2. Obtain the Data Integrity Board approval of the match agreements; 3. Furnish detailed reports about matching programs to Congress and OMB; 4. Notify applicants and beneficiaries that the records are subject to matching; and, 5. Verify match findings before reducing, suspending, terminating, or denying an individual's benefits or payments. B. CMS Computer Matches Subject to the Privacy Act CMS has taken action to ensure that all CMPs that this Agency participates in comply with the requirements of the Privacy Act of 1974, as amended. Dated: December 19, 2006. John R. Dyer, Chief Operating Officer, Centers for Medicare & Medicaid Service. CMS Computer Match No. 2006-06 HHS Computer Match No. 0603 NAME: “Computer Matching Agreement
(CMA)Between the Centers for Medicare & Medicaid Services
(CMS)and Participating States for the Disclosure of Medicare and Medicaid Information.” SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive. PARTICIPATING AGENCIES: The Centers for Medicare & Medicaid Services (CMS). All Participating States, the District of Columbia, and the territories of Guam, Puerto Rico, American Samoa, and the Virgin Islands. AUTHORITY FOR CONDUCTING MATCHING PROGRAM: This CMA is executed to comply with the Privacy Act of 1974 (Title 5 United States Code (U.S.C.) 552a), as amended, (as amended by Public Law (Pub. L.) 100-503, the Computer Matching and Privacy Protection Act (CMPPA) of 1988), the Office of Management and Budget
(OMB)Circular A-130, titled “Management of Federal Information Resources” at 65 **Federal Register**
(FR)77677 (December 12, 2000), 61 FR 6435 (February 20, 1996), and OMB guidelines pertaining to computer matching at 54 FR 25818 (June 19, 1989). This Agreement provides for information matching fully consistent with the authority of the Secretary of the Department of Health and Human Services
(HHS)(the Secretary). Sections 1816 and 1842 of the Social Security Act (the Act) permits the Secretary to make audits of the records of providers as necessary to insure that proper payments are made, to assist in the application of safeguards against unnecessary utilization of services furnished by providers of services and other persons to individuals entitled to benefits, and to perform other functions as are necessary (Pub. L. 108-173 section 911, amending Title XVIII, section 1874A (42 U.S.C. 1395kk-1). Section 1857 of the Act provides that the Secretary, or any person or organization designated by the Secretary shall have the right to “inspect or otherwise evaluate
(i)the quality, appropriateness, and timeliness of services performed under the contract” (42 U.S.C. 1395w-27(d)(2)(A)); and “audit and inspect any books and records of [a Medicare Advantage] organization that pertain to services performed or determinations of amounts payable under the contract.” (42 U.S.C. 1395w-27(d)
(2)(B)). Furthermore, § 1874(b) of the Act authorizes the Secretary to “contract with any person, agency, or institution to secure on a reimbursable basis such special data, actuarial information, and other information as may be necessary in the carrying out of his functions under Subchapter XVIII.” (42 U.S.C. 1395kk(b).) Section 1893 of the Act establishes the Medicare Integrity Program, under which the Secretary may contract with eligible entities to conduct a variety of program safeguard activities, including fraud review employing equipment and software technologies that surpass existing capabilities (42 U.S.C. 1395ddd)). These entities are called Program Safeguards Contractors
(PSC)and Medicare Drug Integrity Contractors (MEDIC). Pursuant to the applicable state statutes and guidelines for the Participating State charged with the administration of the Medicaid program, disclosure of the Medicaid data pursuant to this Agreement is for purposes directly connected with the administration of the Medicaid program, in compliance with 42 CFR 431.300 through 431.307. Those purposes include the detection, prosecution, and deterrence of fraud, waste and abuse (FW&A) in the Medicaid program. PURPOSE
(S)OF THE MATCHING PROGRAM: The purpose of this Agreement is to establish the conditions, safeguards, and procedures under which CMS will conduct a computer matching program with Participating States to study claims, billing, and eligibility information to detect suspected instances of Medicare and Medicaid FW&A. CMS and the Participating State will provide a CMS contractor (hereinafter referred to as the “Custodian”) with Medicare and Medicaid records pertaining to eligibility, claims, and billing which the Custodian will match in order to merge the information as necessary to conduct the match. Utilizing fraud detection software, the information will then be used to identify patterns of aberrant practices and abnormal patterns requiring further investigation. Aberrant practices and abnormal patterns identified in this matching program that constitute FW&A will involve individuals who are practitioners, providers and suppliers of services, Medicare beneficiaries, Medicaid recipients, and other individuals whose information may be maintained in the records. CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCH: This computer matching program
(CMP)will enhance the ability of CMS and Participating States to detect FW&A by matching claims data, eligibility, and practitioner, provider, and supplier enrollment records of Medicare beneficiaries, practitioners, providers, and suppliers in the Participating State against records of Medicaid recipients, practitioners, providers, and suppliers in the Participating State. DESCRIPTION OF RECORDS TO BE USED IN THE MATCHING PROGRAM: National Claims History (NCH), System No. 09-70-0005 was published at 71 FR 67137 (November 20, 2006). Medicare Multi-Carrier Claims System
(MCS)(formerly published as the Carrier Medicare Claims Record (CMCR)), System No. 09-70-0501 was published at 71 FR 64968 (November 6, 2006). Enrollment Database (EDB), System No. 09-70-0502 was published at 67 FR 3203 (January 23, 2002). Fiscal Intermediary Shared System
(FISS)(formerly published as the Intermediary Medicare Claims Record (IMCR), System No. 09-70-0503 was published at 71 FR 64961 (November 6, 2006). Unique Physician/Provider Identification Number (UPIN), System No. 09-70-0525, was published at 71 FR 66535 (November 15, 2006). Medicare Supplier Identification File (MSIF), System No. 09-70-0530 was published at 71 FR 70404 (December 4, 2006). Provider Enrollment Chain and Ownership System (PECOS), System No. 09-70-0532 was published at 71 FR 60536 (October 13, 2006). Medicare Beneficiary Database (MBD), System No. 09-70-0536 was published at 71 FR 70396 (December 4, 2006). Medicare Drug Data Processing System (DDPS), System No. 09-70-0553 was published at 70 FR 58436 (October 6, 2005). Medicare Advantage Prescription Drug
(MARx)System, System No. 09-70-4001 was published at 70 FR 60530 (October 18, 2005). The records files that will be made available for this matching program by the Participating State include utilization, entitlement, and provider records. INCLUSIVE DATES OF THE MATCH: The CMP shall become effective 40 days after the report of the matching program is sent to OMB and Congress, or 30 days after publication in the **Federal Register** , which ever is later. The matching program will continue for 18 months from the effective date and may be extended for an additional 12 months thereafter, if certain conditions are met. [FR Doc. E6-22253 Filed 12-27-06; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Submission of Information Collection to the Office of Management and Budget AGENCIES: Bureau of Indian Affairs, Interior and Indian Health Services, Health and Human Services. ACTION: Notice. SUMMARY: The Bureau of Indian Affairs and Indian Health Service are submitting the information collection, titled “Indian Self-Determination and Education Assistance Act Programs, 25 CFR 900” to the Office of Management and Budget for renewal. The information collection, OMB Control #1076-0136, is used to process contracts, grants or cooperative agreements for award by the Bureau of Indian Affairs and the Indian Health Service as authorized by the Indian Self-Determination and Education Assistance Act, as amended. The Department of the Interior and the Department of Health and Human Services invite you to submit comments to the OMB on the information collection described below. DATES: Interested persons are invited to submit comments on or before January 29, 2007. ADDRESSES: You may submit comments on the information collection to the Desk Officer for Department of the Interior, by facsimile at
(202)395-6566 or you may send an e-mail to: *OIRA_DOCKET@omb.eop.gov* . Please send a copy of your comments to Terry Parks, Office of Indian Services, Bureau of Indian Affairs, Department of the Interior, 1849 C Street NW., Mail Stop 4513-MIB, Washington, DC 20240. You may telefax comments on this information collection to
(202)208-5113. You may also hand deliver written comments or view comments at the same address. FOR FURTHER INFORMATION CONTACT: You may request further information or obtain copies of the information collection request submission from Terry Parks,
(202)513-7625. SUPPLEMENTARY INFORMATION: Representatives of the Department of the Interior and the Department of Health and Human Services and Tribes developed a joint rule, 25 CFR Part 900, to implement section 107 of the Indian Self-Determination and Education Assistance Act, as amended, Title I, Public Law 103-413, the Indian Self-Determination Contract Reform Act of 1994. Section 107(a)(2)(A)(ii) of the Indian Self-Determination Contract Reform Act requires the joint rule to permit contracts and grants be awarded to Indian tribes without the unnecessary burden or confusion associated with two sets of rules and information collection requirements when legislation treats this as a single program covering two separate agencies. The Bureau of Indian Affairs and the Indian Health Service estimate that the base burden hours established for this Information Collection Request, OMB 1076-0136, will remain the same. The number of base burden hours established for information collection requirements of 25 CFR Part 900 remained stationary even though some tribes are contracting under 25 CFR 900.8 which permits tribes to contract several programs under a single contract. The complexity of the reports has offset the contracting multiple programs burden hours, therefore the burden hours estimates have remained stationary. The information requirements for this joint rule represent significant differences from other agencies in several respects. Both the Bureau of Indian Affairs and the Indian Health Service let contracts for multiple programs whereas other agencies usually award single grants to tribes. Under the Indian Self-Determination and Education Assistance Act, as amended, and the Indian Self-Determination Contract Reform Act of 1994, tribes are entitled to contract and may renew contracts annually where other agencies provide grants on a discretionary/competitive basis. The proposal and other supporting documentation identified in this information collection is used by the Department of the Interior and the Department of Health and Human Services to determine applicant eligibility, evaluate applicant capabilities, protect the service population, safeguard Federal funds and other resources, and permit the Federal agencies to administer and evaluate contract programs. Tribal governments or tribal organizations provide the information by submitting Public Law 93-638 contract or grant proposals to the appropriate Federal agency. No third party notification or public disclosure burden is associated with this collection. Request for Comments The Bureau of Indian Affairs and Indian Health Service requests you to send your comments on this collection to the locations listed in the ADDRESSES section. Your comments should address:
(a)The necessity of the information collection for the proper performance of the agencies, including whether the information will have practical utility;
(b)the accuracy of the agencies' estimate of the burden (hours and cost) of the collection of information, including the validity of the methodology and assumptions used;
(c)ways we could enhance the quality, utility and clarity of the information to be collected; and
(d)ways we could minimize the burden of the collection of the information on the respondents, such as through the use of automated collection techniques or other forms of information technology. Please note that an agency may not sponsor nor request, and an individual need not respond to, a collection of information unless it has a valid OMB Control Number. *OMB Control Number:* 1076-0136. *Title:* Indian Self-Determination and Education Assistance Contracts, 25 CFR 900. *Brief Description of collection:* A tribe or tribal organization may be required to respond from 1 to 12 times per year, depending upon the number of programs they contract from the Bureau of Indian Affairs and Indian Health Service. Each response may vary in its length. In addition, each subpart concerns different parts of the contracting process. For example, Subpart C relates to provisions of the contents for the initial contract proposal. The burden associated with this would not be used when contracts are renewed. Subpart F describes minimum standards for the management systems used by Indian tribes or tribal organizations under these contracts. Subpart G addresses the negotiability of all reporting and data requirements in the contract. *Type of review:* Renewal. *Respondents:* 550. *Total number of responses:* 5267. *Time per response:* Varies from 10 to 50 hours, with an average of 45 hours per response. *Total Annual burden to Respondents:* 219,782 hours. Dated: December 21, 2006. Michael D. Olsen, Principal Deputy Assistant Secretary-Indian Affairs, Department of the Interior. Dated: October 25, 2006. Robert G. McSwain, Deputy Director, Indian Health Service, Department of Health and Human Services. [FR Doc. 06-9907 Filed 12-27-06; 8:45 am]
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U.S. Code
- Enumerated powers§ 248
- Public information; agency rules, opinions, orders, records, and proceedings§ 552
- Assessments§ 1817
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
- Public information collection activities; submission to Director; approval and delegation§ 3507
- Records maintained on individuals§ 552a
- Contracts with medicare administrative contractors§ 1395kk–1
- Contracts with Medicare+Choice organizations§ 1395w–27
- Administration of insurance programs§ 1395kk
- Medicare Integrity Program§ 1395ddd
CFR
11 references not yet in our index
- 46 CFR 515
- 5 CFR 1320.16
- 12 CFR 225
- Pub. L. 92-463
- 41 CFR 102
- Pub. L. 101-508
- Pub. L. 108-173
- 42 CFR 431.300
- 25 CFR 900
- Pub. L. 103-413
- Pub. L. 93-638
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Cite46 CFR 515
Cite5 CFR 1320.16
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