Notices. Notice

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

BILLING CODE 4160-90-M DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-07-0601] Agency Forms Undergoing Paperwork Reduction Act Review The Centers for Disease Control and Prevention

(CDC)publishes a list of information collection requests under review by the Office of Management and Budget

(OMB)in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these requests, call the CDC Reports Clearance Officer at

(404)371-5960 or send an e-mail to *omb@cdc.gov* . Send written comments to CDC Desk Officer, Office of Management and Budget, Washington, DC or by fax to

(202)395-6974. Written comments should be received within 30 days of this notice. Proposed Project The National Tobacco Control Program

(NCTP)Chronicles Progress Reporting System—Revision—(OMB No. 0920-0601), National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC). Background and Brief Description Tobacco use is the single most preventable cause of death and disease in the United States and most people begin using tobacco in early adolescence. Annually, causes more than 430,000 deaths in the nation, costing approximately $50-70 billion in medical expenses alone. The Centers for Disease Control and Prevention

(CDC)is seeking a 3 year Office of Management and Budget

(OMB)approval for a revision of a reporting system called the Chronicle. The collection of this information is part of a federal reporting requirement for funds received by states from the CDC through the National Tobacco Control Program (NTCP). The Office on Smoking and Health currently has clearance for the NTCP Chronicle, OMB# 0920-0601, a web-based program monitoring system. This Reporting system allows CDC increased ability to analyze program monitoring data received through state submission of bi-annually progress reports, to provide national summaries of progress toward the objectives contained in Healthy People 2010 and, as well as CDC-specified goals and performance measures. The system also allows CDC to rapidly respond to outside inquiries concerning a specific tobacco control activity occurring in the state tobacco control programs. The revision to the existing web-based program monitoring data collection system serves to append the original quantitative and narrative format. This will result in increased quality of the content of the tobacco control data reported, and continues to provide for an electronic means for efficient collection and transmission to the CDC headquarters. In January 2004, the Office on Smoking and Health launched the NTCP Chronicle, an online program planning and reporting tool that assists states in developing comprehensive tobacco control program plans and in responding to federal reporting requirements. Using a standardized format based on OSH's program framework, the Chronicle enables grantees to describe their CDC-funded program activities and expected outcomes. By collecting and housing this information within a searchable database, OSH can effectively fulfill its cooperative agreement obligations, namely to monitor, evaluate and compare individual programs, provide technical assistance to increase the efficacy of state-driven initiatives, and to assess and report aggregate information regarding the overall effectiveness of the National Tobacco Control Program (NTCP). The NTCP Chronicle is complementary to the Grants.Gov electronic grant submission process by facilitating development of the key elements for inclusion in addressing federal cooperative agreement requirements, thus helping insure effective evidence- and science-based program planning and development efforts of state public health departments. This submission represents a request for a revision of a currently approved data collection. The revised content includes modifications to some of the Program Report assessment questions, a reduction in the number of fields a cooperative agreement recipient is required to respond to, and a recalculation to provide a more realistic burden estimate of the amount of time required to complete the Progress Report. There is no cost to the respondents other than their time. The total estimated annualized burden hours are 816. Estimated Annualized Burden Hours Respondents Number of respondents Number of responses per respondent Average burden respondent (in hours) States and District of Columbia 51 2 8 Dated: January 22, 2007. Joan F. Karr, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E7-1195 Filed 1-25-07; 8:45 am] BILLING CODE 4163-18-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 or Advisory Board) and Subcommittee for Dose Reconstruction Reviews

(SDRR)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 aforementioned committee meeting: *Subcommittee Meeting Time and Date:* 9 a.m.-11 a.m., February 7, 2007. *Committee Meeting Times and Dates:* 1 p.m.-4:30 p.m., February 7, 2007. 8:30 a.m.-4:30 p.m., February 8, 2007. 8:30 a.m.-4 p.m., February 9, 2007. *Public Comment Times and Dates:* 5 p.m.-6 p.m., February 7, 2007. 7 p.m.-8:30 p.m., February 8, 2007. *Place:* Cincinnati Marriott Northeast, 9664 Mason Montgomery Road, Mason, Ohio 45040, Phone 513.459.9800, Fax 513.459.9808. *Status:* Open to the public, limited only by the space available. The meeting space accommodates approximately 75 people. *Background:* The Advisory 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 Advisory 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 Advisory 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:* This Advisory 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, advise the Secretary 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 Subcommittee meeting includes the Selection of the 7th Round of Individual Dose Reconstructions to Be Reviewed; Status of Ongoing Reviews; and Future Meetings and Plans. The agenda for the Advisory Board meeting includes Status of New Board Members; NIOSH and Department of Labor Program Updates; Subcommittee Actions; Selection of Remaining Procedures to be Reviewed by S. Cohen & Associates under Task 3; SEC Petitions for Fernald and Dow Chemical; Rocky Flats SEC Update; Work Group Reports; Report on SEC Petitions; Conflict or Bias Management Policy Implementation Status Updates; Science and Overarching Technical Issues Update; Review of SEC Petition Recommendation Wording; and Board Working Time which will include Status of Site Profile Reviews and Future Meetings. 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)). *Contact Person for More Information:* 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 L. Baker, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. E7-1313 Filed 1-25-07; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10003, CMS-901A and D, CMS-9044, and CMS-10099] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Centers for Medicare & Medicaid Services, HHS. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Centers for Medicare & Medicaid Services

(CMS)is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

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

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. 1. *Type of Information Collection Request:* Extension of a currently approved collection; *Title of Information Collection:* Notice of Denial of Medical Coverage (NDMC), and the Notice of Denial of Payment

(NDP)and supporting regulations in 42 CFR 422.568; *Use:* Section 1852(g)(1)(B) of the Statute requires Medicare Health organizations (Medicare Advantage, cost, and Health Care Prepayment Plans) to provide determinations to deny coverage (i.e., medical services or payment) in writing and include a statement in understandable language of the reasons for the denial and a description of the reconsideration and appeals processes. These notices fulfill the regulatory requirement. *Form Number:* CMS-10003 (OMB#: 0938-0829); *Frequency:* Reporting: Yearly; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 454; *Total Annual Responses:* 105,138; *Total Annual Hours:* 26285. 2. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* CMS Application for Federal Qualification (901A); CMS Medicare Agreement Application

(901D)and Supporting Regulations in 42 CFR Section 417.143 and 422.6; *Use:* Prepaid health plans must meet certain regulatory requirements to be federally qualified health maintenance organizations or to enter into a contract with CMS to provide health benefits to Medicare beneficiaries. The application forms are used by CMS to collect information about a health plan to determine their compliance with federal regulations. *Form Number:* CMS-901A and D (OMB#: 0938-0470); *Frequency:* Reporting: Once; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 55; *Total Annual Responses:* 55; *Total Annual Hours:* 2,200. 3. *Type of Information Collection Request:* Revision of a currently approved collection; *Title of Information Collection:* Medicare ESRD Exceptions; *Use:* This information is collected in accordance with section 2145 of the Omnibus Budget Reconciliation Act of 1981 and section 623 of the Medicare Prescription Drug Improvement and Modernization Act of 2003. End Stage Renal Disease

(ESRD)facilities can file for an exception to its composite payment rate. CMS uses the information submitted to determine whether an ESRD facility qualifies for a rate increase and the amount of the increase. *Form Number:* CMS-9044 (OMB#: 0938-0296); *Frequency:* Reporting: Occasionally; *Affected Public:* Business or other for-profit and Not-for-profit institutions; *Number of Respondents:* 10; *Total Annual Responses:* 10; *Total Annual Hours:* 400. 4. *Type of Information Collection Request:* Extension of a currently approved information collection; *Title of Information Collection:* Review of National Coverage Determinations and Local Coverage Determinations and Supporting Regulations in 42 CFR 426.400 and 42 CFR 426.500; *Use:* Section 522 of the Benefits Improvement and Protection Act

(BIPA)of 2000 requires the implementation of a process for the appeal of National Coverage Determinations

(NCDs)and Local Coverage Determinations (LCDs). Sections 426.400 and 426.500, state that an aggrieved party may initiate a review of an LCD or NCD, respectively, by filing a written complaint. These sections also identify the information required in the complaint to qualify as an aggrieved party as defined in § 426.110, as well as the process and information needed for an aggrieved party to withdraw a complaint. The required documentation includes a copy of the written authorization to represent the beneficiary, if the beneficiary has a representative, and a copy of a written statement from the treating physician that the beneficiary needs a service that is the subject of the LCD. *Form Number:* CMS-10099 (OMB#: 0938-0911); *Frequency:* Reporting—On occasion; *Affected Public:* Individuals or Households; *Number of Respondents:* 1,040; *Total Annual Responses:* 1,040; *Total Annual Hours:* 4,160. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at *http://www.cms.hhs.gov/PaperworkReductionActof1995* , or E-mail your request, including your address, phone number, OMB number, and CMS document identifier, to *Paperwork@cms.hhs.gov* , or call the Reports Clearance Office on

(410)786-1326. To be assured consideration, comments and recommendations for the proposed information collections must be received at the address below, no later than 5 p.m. on *March 27, 2007* . CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development—C, *Attention:* Bonnie L. Harkless, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Dated: January 19, 2007. Michelle Shortt, Director, Regulations Development Group, Office of Strategic Operations and Regulatory Affairs. [FR Doc. E7-1124 Filed 1-25-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3169-N] Medicare Program; Renewal and Renaming of the Medicare Coverage Advisory Committee

(MCAC)to Medicare Evidence Development Coverage Advisory Committee (MedCAC) and a Request for Nominations for Members for the Medicare Evidence Development & Coverage Advisory Committee AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces the renewal and name change of the Medicare Coverage Advisory Committee

(MCAC)to Medicare Evidence Development Coverage Advisory Committee (MedCAC). It also requests nominations for consideration for membership on the Medicare Evidence Development & Coverage Advisory Committee (MedCAC). DATES: Nominations will be considered if postmarked by March 12, 2007. ADDRESSES: Nominations for membership must be sent by mail, fax, or e-mail, to one of the following addresses: Centers for Medicare & Medicaid Services, Office of Clinical Standards and Quality, Mail Stop: C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244, Attention: Michelle Atkinson; via fax to

(410)786-9286; or e-mail to *michelle.atkinson@cms.hhs.gov.* *Copies of the Charter:* To obtain a copy of the Secretary's Charter for the MedCAC submit a request to: Centers for Medicare & Medicaid Service, Office of Clinical Standards and Quality, Mail Stop C1-09-06, 7500 Security Boulevard, Baltimore, MD 21244, Attention: Maria Ellis or via e-mail to *maria.ellis@cms.hhs.gov.* FOR FURTHER INFORMATION CONTACT: Michelle Atkinson,

(410)786-2881, Nominations; Marie Ellis,

(410)786-0309, Copies of the charter. SUPPLEMENTARY INFORMATION: I. Background On December 14, 1998, we published a notice in the **Federal Register** (63 FR 68780) announcing the establishment of the Medicare Coverage Advisory Committee (MCAC). The Secretary signed the initial charter for the Medicare Coverage Advisory Committee on November 24, 1998. The MCAC advised the Secretary of the Department of Health and Human Services

(DHHS)and the Administrator of the Centers for Medicare and Medicaid Services (CMS), as requested by the Secretary, whether medical items and services were reasonable and necessary under Title XVIII of the Social Security Act (the Act). The MCAC consisted of a pool of 100 appointed members. Members were selected from among authorities in clinical medicine of all specialties, administrative medicine, public health, biologic and physical sciences, health care data and information management and analysis, patient advocacy, the economics of health care, medical ethics, and other related professions such as epidemiology and biostatistics, and methodology of trial design. A maximum of 88 members are standard voting members, 12 are nonvoting members, 6 of whom are representatives of consumer interests, and 6 of whom are representatives of industry interests. II. Provisions of This Notice A. Renewal of the Charter and the Renaming of the Committee This notice announces the signing of the MedCAC charter renewal by the Secretary on November 24, 2006. The charter will terminate on November 24, 2008, unless renewed by the Secretary. The new charter makes the following changes: • Redesignates the Committee from the MCAC to Medicare Evidence Development Coverage Advisory Committee. • Gives the MedCAC an explicit responsibility to advise CMS as part of its coverage with evidence development

(CED)activity. The CED initiative involves the issuance of national coverage determinations that include, a condition of payment, requirements for developing additional clinical data on a particular medical technology. • Formalizes the role of patient advocates on the MedCAC role. By establishing the patient advocate as a permanent MedCAC role, CMS is ensuring that beneficiary community is represented on the panels. These advocates will identify issues most important to patients, communicate the patient perspective, and vote on the Committee's recommendations with patients' general interests in mind. To accompany the changes in the MedCAC charter, we have issued a guidance document entitled, “Factor CMS Considers in Referring Topics to the Medicare Evidence Development and Coverage Advisory Committee.” This document is consistent with Section 731 of the Medicare Prescription Drug Improvement, and Modernization Act

(MMA)of 2003, and is in line with our goal of continuing to develop a more open, transparent, and understandable national coverage process. B. Request for Nominations As of May 2007, there will be 28 terms of membership expiring, 2 of which are nonvoting consumer representatives, 1 of which is a nonvoting industry representative and 6 voting patient advocates. Accordingly, we are requesting nominations for both voting and nonvoting members to serve on the MedCAC. Members are invited to serve for overlapping 4 year terms. A member may serve after the expiration of the member's term until a successor takes office. Any interested person may nominate one or more qualified persons. Self-nominations are also accepted. We have a special interest in ensuring that women, minority groups, and physically challenged individuals are adequately represented on the MedCAC. Therefore, we encourage nominations of qualified candidates from these groups. Nominees are selected based upon their individual qualifications and not as representatives of professional associations or societies. The MedCAC functions on a committee basis. The committee reviews and evaluates medical literature, reviews technology assessments, and examines data and information on the effectiveness and appropriateness of medical items and services that are covered or eligible for coverage under Medicare. The Committee works from an agenda provided by the designated Federal official that lists specific issues, and develops technical advice to assist us in determining reasonable and necessary applications of medical services and technology when we make national coverage decisions for Medicare. 1. Membership Criteria Nominees for voting membership must have expertise and experience in one or more of the following fields: clinical medicine of all specialties, administrative medicine, public health, patient advocacy, biologic and physical sciences, health care data and information management and analysis, the economics of health care, medical ethics, and other related professions such as epidemiology and biostatistics, and methodology of trial design. 2. Submission of Nominations All nominations must be accompanied by nomination letter and curricula vitae. Nomination packages must be sent to the address specified in the ADDRESSES section this notice. The nomination letter must include—(1) A statement that the nominee is willing to serve as a member of the MedCAC and believes that he or she does not have a conflict of interest that would preclude his or her committee membership; and

(2)specify whether the nominee is applying for a voting position, consumer representative; industry representative or patient advocate. The curricula vitae must include the following:

(1)Date of birth;

(2)place of birth;

(3)social security number;

(4)title and current position;

(5)professional affiliation;

(6)home and business addresses;

(7)telephone and fax numbers;

(8)e-mail address; and

(9)list of the nominee's areas of expertise. Potential candidates will be asked to provide detailed information concerning such matters as financial holdings, consultancies, and research grants or contracts in order to permit evaluation of possible sources of conflict of interest. Authority: 5 U.S.C. App. 2, section 10(a)(1) and (a)(2). (Catalog of Federal Domestic Assistance Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: January 11, 2007. Barry M. Straube, Chief Medical Officer, Director, Office of Clinical Standards and Quality, Centers for Medicare &Medicaid Services. [FR Doc. E7-1113 Filed 1-25-07; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-4126-FN] Medicare and Medicaid Programs; Reapproval of Deeming Authority of the Accreditation Association for Ambulatory Health Care, Inc. for Medicare Advantage Health Maintenance Organizations and Local Preferred Provider Organizations AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Final notice. SUMMARY: This notice announces our decision to approve Medicare Advantage Deeming Authority of the Accreditation Association for Ambulatory Health Care, Inc. for health maintenance organizations and local preferred provider organizations for a term of 6 years. DATES: *Effective Date:* This final notice is effective July 12, 2006 through July 11, 2012. FOR FURTHER INFORMATION CONTACT: Shaheen Halim,

(410)786-0641. SUPPLEMENTARY INFORMATION: I. Background Under the Medicare program, eligible beneficiaries may receive covered services through a managed care organization

(MCO)that has a Medicare Advantage

(MA)(formerly, Medicare+Choice) contract with the Centers for Medicare & Medicaid Services (CMS). The regulations specifying the Medicare requirements that must be met in order for an MCO to enter into an MA contract with CMS are located at 42 CFR part 422. These regulations implement Part C of Title XVIII of the Social Security Act (the Act), which specifies the services that an MCO must provide and the requirements that the organization must meet to be an MA contractor. Other relevant sections of the Act are Parts A and B of Title XVIII and Part A of Title XI pertaining to the provision of services by Medicare certified providers and suppliers. Generally, for an MCO to be an MA organization, the MCO must be licensed by the State as a risk bearing organization as set forth in part 422 of our regulations. Additionally, the MCO must file an application demonstrating that it meets other Medicare requirements in part 422 of our regulations. Following approval of the MA contract, we engage in routine monitoring and oversight audits of the MA organization to ensure continuing compliance. The monitoring and oversight audit process is comprehensive and uses a written protocol that itemizes the Medicare requirements the MA organization must meet. As an alternative for meeting some Medicare requirements, an MA organization may be exempt from CMS monitoring of certain requirements as described in section 1852(e)(4)(B) of the Social Security Act (the Act) as a result of an MA organization's accreditation by a CMS-approved accrediting organization (AO). In essence, the Secretary “deems” that the Medicare requirements are met based on a determination that the AO's standards are at least as stringent as Medicare requirements. Therefore, MA organizations that are licensed as health maintenance organizations

(HMOs)or preferred provider organizations

(PPOs)and are accredited by an approved accrediting organization may receive, at their request, deemed status for the MA requirements in the following six areas: Quality Improvement, Information on Advance Directives, Antidiscrimination, Confidentiality and Accuracy of Enrollee Records, Access to Services, and Provider Participation Rules. At this time, deeming does not include the Part D areas of review listed in § 422.156(b). Organizations that apply for MA deeming authority are generally recognized by the industry as entities that accredit MCOs that are licensed as an HMO or a PPO. As we specify at § 422.157(b)(2) of our regulations, the term for which an AO may be approved by CMS may not exceed 6 years. For continuing approval, the AO must re-apply to CMS. Accreditation Association for Ambulatory Health Care, Inc. (AAAHC) was approved as an authorized AO for Medicare Advantage deeming on June 15, 2002. AAAHC was granted a term of approval of 4 years beginning June 15, 2002, and ending on June 14, 2006. On June 13, 2006, we issued a letter to AAAHC with instructions regarding application for a renewal of term. On June 14, 2006, AAAHC submitted a letter of intent to renew its MA deeming authority, and subsequently submitted all materials requested by CMS for a complete renewal application. The materials requested by CMS included updates and/or changes to items listed in Federal regulations at 42 CFR 422.158(a) that are prerequisites for receiving deeming program approval by CMS, and which were furnished to CMS by AAAHC as part of its initial application for deeming authority in 2002. II. Deeming Applications Approval Process Section 1852(e)(4)(C) of the Act provides a statutory timetable to ensure that our review of deeming applications is conducted in a timely manner. The Act provides us with 210 calendar days after the date of receipt of an application to complete our survey activities and application review process. At the end of the 210-day period, we must publish an approval or denial of the application in the **Federal Register** . III. Proposed Notice On October 27, 2006, we published a proposed notice (71 FR 63019) announcing reapproval of Medicare Advantage Deeming Authority of the Accreditation Association for Ambulatory Health Care, Inc. In the proposed notice, we detailed our evaluation criteria. Under section 1852(e)(4) of the Act and our regulations at § 422.158, we conducted a review and evaluation of the AAAHC's accreditation program (including its standards and monitoring protocol) in accordance with the criteria specified by our regulation, which includes, but are not limited to the following: A. Components of the Review Process The review of AAAHC's application for approval of MA deeming authority included the following components: 1. Desk-Top Review We conducted a desk-top review of updated materials regarding AAAHC's managed care accreditation program, including— • A description of AAAHC's survey process for managed care plans, including the frequency of surveys performed, whether the surveys are announced or unannounced, surveyor instructions, the review and accreditation status decision-making process, procedures used to notify accredited MA organizations of deficiencies and monitoring of the correction of deficiencies, and the procedures used to enforce compliance with accreditation requirements; • Information about the individuals who perform network accreditation reviews, including the size and composition of the survey team, the methods of compensation, the education and experience requirements, the content and frequency of the in-service training, the evaluation system used to monitor performance, and conflict of interest requirements governing AAAHC staff and surveyors; • A description of the data management and analysis system, the types (full, partial, or denial) and categories (provisional, conditional, temporary) of accreditation offered by AAAHC, the duration of each category of accreditation, and a statement identifying the types and categories that would serve as a basis for accreditation, if we grant AAAHC organization deeming authority; • The procedures used to respond to and investigate complaints or identify other problems with accredited organizations, including coordination of these activities with licensing bodies and ombudsmen programs; • A description of how AAAHC provides accreditation information to the general public; • The policies and procedures for

(1)withholding, denying and removing accreditation status, and the other actions AAAHC may take in response to noncompliance with their standards and requirements, and

(2)how AAAHC treats accreditation of organizations that are acquired by another organization, have merged with another organization, or that undergo a change of ownership or management; • Lists of all AAAHC-accredited MA organizations, managed care plans surveyed by AAAHC in the past 3 years, and managed care plans that were scheduled to be surveyed by AAAHC within 3 months of submitting their application. 2. Assessment of AAAHC's Standards and Methods of Evaluation As part of the application for renewal of term, AAAHC submitted a crosswalk that compared its standards and methods of evaluations with corresponding MA audit requirements in six areas: Quality Improvement, Access to Services, Antidiscrimination, Information on Advance Directives, Provider Participation Rules, and Confidentiality and Accuracy of Enrollee Records. 3. Past Performance and Results of Deeming Validation Review (Look-behind Audit) We also considered AAAHC's past performance in the deeming program and results of recent deeming validation reviews, or look-behind audits conducted as part of continuing Federal oversight of the deeming program under § 422.157(d). B. Results of the Review Process Using the information listed in section III.A. of this notice, we determined that AAAHC's current accreditation program for managed care plans continues to be at least as stringent as the MA requirements contained in the six categories set forth in section 1852(e)(4)(C) of the Act and our methods of evaluation for those areas. IV. Provisions of the Final Notice No comments were received in response to the proposed notice published October 27, 2006. Therefore, based on the review and observations described in section III of this final notice, we have determined that AAAHC's requirements for HMOs and local PPOs continue to meet or exceed our requirements. We recognize AAAHC as a national accreditation organization for HMOs and PPOs that request participation in the Medicare program, and we approve AAAHC's deeming program effective July 12, 2006 through July 11, 2012. V. Collection of Information Requirements This final notice does not impose any information collection and record keeping requirements subject to the Paperwork Reduction Act (PRA). Consequently, it does not need to be reviewed by the Office of Management and Budget

(OMB)under the authority of the PRA. The requirements associated with granting and withdrawal of deeming authority to national accreditation organizations, codified in 42 CFR part 488, “Survey, Certification, and Enforcement Procedures,” are currently approved by OMB under OMB approval number 0938-0690. VI. Regulatory Impact Statement We have examined the impact of this notice as required by Executive Order 12866 (September 1993, Regulatory Planning and Review) and the Regulatory Flexibility Act

(RFA)September 19, 1980 (Pub. L. 96-354). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects; distributive impacts; and equity). A regulatory impact analysis

(RIA)must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). This notice will not reach the economic threshold and thus is not considered a major rule. The RFA requires agencies to analyze options for regulatory relief of small businesses. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. Most hospitals and most other providers and suppliers are small entities, either by nonprofit status or by having revenues of $6 million to $29 million in any 1 year. Individuals and States are not included in the definition of a small entity. We are not preparing an analysis for the RFA because we have determined that this notice will not have a significant economic impact on a substantial number of small entities. In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area and has fewer than 100 beds. We are not preparing an analysis for section 1102(b) of the Act because we have determined that this notice will not have a significant impact on the operations of a substantial number of small rural hospitals. This notice merely recognizes AAAHC as a national accreditation organization that has approval for deeming authority for HMOs or PPOs that are participating in the MA program. Section 202 of the Unfunded Mandates Reform Act of 1995 also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. That threshold level is currently approximately $120 million. This notice will not have a consequential effect on State, local, or tribal governments or on the private sector. Executive Order 13132 establishes certain requirements that an agency must meet when it promulgates a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications. Since this notice will not impose any costs on State or local governments, the requirements of E.O. 13132 are not applicable. In accordance with the provisions of Executive Order 12866, this notice was not reviewed by the Office of Management and Budget. Authority: Secs. 1851 and 1855 of the Social Security Act (42 U.S.C. 1395w-21 and 42 U.S.C. 1395w-25). (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program.) Dated: December 14, 2006. Leslie V. Norwalk, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E7-1274 Filed 1-25-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-15357-CN2] RIN 0938-AO26 Medicare Program; Hospice Wage Index for Fiscal Year 2007; Correction AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Correction notice. SUMMARY: This document corrects a technical error that appeared in the wage index table in the September 1, 2006 **Federal Register** , entitled “Hospice Wage Index for Fiscal Year 2007.” DATES: *Effective Date:* This correction notice is effective October 1, 2006. FOR FURTHER INFORMATION CONTACT: Terri Deutsch,

(410)786-9462. SUPPLEMENTARY INFORMATION: I. Background In FR Doc. 06-7293, of September 1, 2006 (71 FR 52080) entitled, “Hospice Wage Index for Fiscal Year 2007,” there were errors that we identified and corrected in a correction notice published October 3, 2006 (71 FR 58415). Based on further review of the September 1, 2006 notice, we are correcting an additional typographical error in section I.B of this notice. Accordingly, the correction is effective retroactive to October 1, 2006, the effective date of the September 1, 2006 notice. A. Summary of Errors In the September 1, 2006 notice, on page 52102, we published an Addendum that list the updated urban and rural wage index values for hospices utilizing the Core-Based Statistical Areas

(CBSA)designations. To ensure that hospice providers were able to identify their current wage index, the table contains the CBSA codes, CBSA county name, and CBSA wage index. However, we made a typographical error when we entered the wage index value for Kalamazoo-Portage, MI. This correction notice is consistent with the published hospice wage index values used to make payment as of October 1, 2006. In section I.B. of this notice, we are correcting this error. B. Correction of Error In the September 1, 2006, **Federal Register** notice (71 FR 52080) on page 52102, in the third column, in line 5, for CBSA code 28020, the wage index value “1.0140” is corrected to read “1.1040.” C. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the **Federal Register** to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act

(APA)(5 U.S.C. section 553(b)). However, we can waive this notice and comment procedure if the Secretary finds that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. The revision contained in this document merely corrects a typographical error in the addendum for Table A. This correction is necessary to ensure that the notice accurately reflects the correct hospice wage index value. Since it is not substantive, but merely technical, we find that public comments on this revision are unnecessary. Therefore, we find good cause to waive notice and comment procedures. In addition, the Administrative Procedure Act

(APA)normally requires a 30-day delay in the effective date of a notice. Since this notice simply corrects a technical error to a notice that has previously gone through notice-and-comment rulemaking, we believe good cause also exists under the APA to waive the 30-day delay in the effective date and that a delay in the correction's effective date is also unnecessary. (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: January 18, 2007. Ashley Files Flory, Deputy Executive Secretary to the Department. [FR Doc. E7-1111 Filed 1-25-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-1386-N] Medicare Program; Meeting of the Practicing Physicians Advisory Council, March 5, 2007 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice announces a quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Council will meet to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary of Health and Human Services (the Secretary). This meeting is open to the public. DATES: *Meeting Date:* Monday, March 5, 2007, from 8:30 a.m. to 5 p.m. e.s.t. *Deadline for Registration without Oral Presentation:* Friday, March 2, 2007, 12 noon, e.s.t. *Deadline for Registration of Oral Presentations:* Friday, February 16, 2007, 12 noon, e.s.t. *Deadline for Submission of Oral Remarks and Written Comments:* Wednesday, February 21, 2007, 12 noon, e.s.t. *Deadline for Requesting Special Accommodations:* Monday, February 26, 2007, 12 noon, e.s.t. ADDRESSES: *Meeting Location:* The meeting will be held in Room 705A, 7th floor, in the Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201. *Submission of Presentations:* Presentations should be mailed to Kelly Buchanan, DFO, Centers for Medicare and Medicaid Services, 7500 Security Boulevard, Mail stop C4-13-07, Baltimore, MD 21244-1850, or contact the DFO via e-mail at *PPAC@cms.hhs.gov.* FOR FURTHER INFORMATION CONTACT: Kelly Buchanan, the Designated Federal Official (DFO),

(410)786-6132, or e-mail *PPAC@cms.hhs.gov.* News media representatives must contact the CMS Press Office,

(202)690-6145. Please refer to the CMS Advisory Committees' Information Line (1-877-449-5659 toll free),

(410)786-9379 local) or the Internet at *http://www.cms.hhs.gov/home/regsguidance.asp* for additional information and updates on committee activities. SUPPLEMENTARY INFORMATION: I. Background In accordance with section 10(a) of the Federal Advisory Committee Act, this notice announces the quarterly meeting of the Practicing Physicians Advisory Council (the Council). The Secretary is mandated by section 1868(a)(1) of the Social Security Act (the Act) to appoint a Practicing Physicians Advisory Council based on nominations submitted by medical organizations representing physicians. The Council meets quarterly to discuss certain proposed changes in regulations and manual instructions related to physicians' services, as identified by the Secretary. To the extent feasible and consistent with statutory deadlines, the Council's consultation must occur before **Federal Register** publication of the proposed changes. The Council submits an annual report on its recommendations to the Secretary and the Administrator of the Centers for Medicare & Medicaid Services

(CMS)not later than December 31 of each year. The Council consists of 15 physicians, including the Chair. Members of the Council include both participating and nonparticipating physicians, and physicians practicing in rural and underserved urban areas. At least 11 members of the Council must be physicians as described in section 1861(r)(1) of the Act; that is, State-licensed doctors of medicine or osteopathy. The remaining 4 members may include dentists, podiatrists, optometrists and chiropractors. Members serve for overlapping 4-year terms; terms of more than 2 years are contingent upon the renewal of the Council by appropriate action before its termination. Section 1868(a)(2) of the Act provides that the Council meet quarterly to discuss certain proposed changes in regulations and manual issuances that relate to physicians' services, identified by the Secretary. Section 1868(a)(3) of the Act provides for payment of expenses and per diem for Council members in the same manner as members of other advisory committees appointed by the Secretary. In addition to making these payments, the Department of Health and Human Services and CMS provide management and support services to the Council. The Secretary will appoint new members to the Council from among those candidates determined to have the expertise required to meet specific agency needs in a manner to ensure appropriate balance of the Council's membership. The Council held its first meeting on May 11, 1992. The current members are: Anthony Senagore, M.D., Chairperson; Jose Azocar, M.D.; M. Leroy Sprang, M.D.; Karen S. Williams, M.D.; Peter Grimm, D.O.; Carlos R. Hamilton, M.D.; Dennis K. Iglar, M.D.; Joe Johnson, D.C.; Vincent J. Bufalino, M.D.; Tye J. Ouzounian, M.D.; Geraldine O'Shea, D.O.; Laura B. Powers, M.D.; Gregory J. Przybylski, M.D.; Jeffrey A. Ross, DPM, M.D.; and Robert L. Urata, M.D. II. Meeting Format and Agenda The meeting will commence with the Council's Executive Director providing a status report, and the CMS responses to the recommendations made by the Council at the December 4, 2006 meeting, as well as prior meeting recommendations. Additionally, an update will be provided on the Physician Regulatory Issues Team. In accordance with the Council charter, we are requesting assistance with the following agenda topics: • National Provider Identification

(NPI)Update • Transparency Initiative • Recovery Audit Contractors

(RAC)Update • Physician Quality and Cost Measures Update • Hospital Conditions of Participation Update For additional information and clarification on these topics, contact the DFO as provided in the For Further Information Contact section of this notice. Individual physicians or medical organizations that represent physicians wishing to make a 5-minute oral presentation on agenda issues must register with the DFO by the date listed in the DATES section of this notice. Testimony is limited to agenda topics only. The number of oral presentations may be limited by the time available. A written copy of the presenter's oral remarks must be submitted to the DFO for distribution to Council members for review before the meeting by the date listed in the DATES section of this notice. Physicians and medical organizations not scheduled to speak may also submit written comments to the DFO for distribution by the date listed in the DATES section of this notice. III. Meeting Registration and Security Information The meeting is open to the public, but attendance is limited to the space available. Persons wishing to attend this meeting must register by contacting the DFO at the address listed in the ADDRESSES section of this notice or by telephone at

(410)786-6132 by the date specified in the DATES section of this notice. Since this meeting will be held in a Federal Government Building, the Hubert H. Humphrey Building, Federal security measures are applicable. As noted above, in planning your arrival time, we recommend allowing additional time to clear security. In order to gain access to the building, participants will be required to show a government-issued photo identification (for example, driver's license, or passport), and must be listed on an approved security list before persons are permitted entrance. Persons not registered in advance will not be permitted into the Hubert H. Humphrey Building and will not be permitted to attend the Council meeting. All persons entering the building must pass through a metal detector. In addition, all items brought to the Hubert H. Humphrey Building, whether personal or for the purpose of presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for the purpose of presentation. Individuals requiring sign language interpretation or other special accommodation must contact the DFO via the contact information specified in the FOR FURTHER INFORMATION CONTACT section of this notice by the date listed in the DATES section of this notice. Authority: (Section 1868 of the Social Security Act (42 U.S.C. 1395ee) and section 10(a) of Pub. L. 92-463 (5 U.S.C. App. 2, section 10(a)).) Dated: January 18, 2007. Leslie V. Norwalk, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E7-1112 Filed 1-25-07; 8:45 am] BILLING CODE 4120-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007N-0018] Agency Information Collection Activities; Proposed Collection; Comment Request; Human Cells, Tissues, and Cellular and Tissue-Based Products: Establishment Registration and Listing; Form Food and Drug Administration 3356; Eligibility Determination for Donors; and Current Good Tissue Practice AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection requirements for FDA regulations related to human cells, tissues, and cellular and tissue-based products (HCT/Ps) involving establishment registration and listing using Form FDA 3356; eligibility determination for donors; and current good tissue practice (CGTP). DATES: Submit written or electronic comments on the collection of information by March 27, 2007. ADDRESSES: Submit electronic comments on the collection of information to: *http://www.fda.gov/dockets/ecomments* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget

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

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

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

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Human Cells, Tissues, and Cellular and Tissue-Based Products: Establishment Registration and Listing; Form FDA 3356; Eligibility Determination for Donors; and Current Good Tissue Practice—21 CFR Part 1271 (OMB Control Number 0910-0543)—Extension Under section 361 of the Public Health Service Act (the PHS Act) (42 U.S.C. 264), FDA may issue and enforce regulations necessary to prevent the introduction, transmission, or spread of communicable diseases between the States or possessions or from foreign countries into the States. As derivatives of the human body, all HCT/Ps pose some risk of carrying pathogens that could potentially infect recipients or handlers. FDA has issued regulations related to HCT/Ps involving establishment registration and listing using Form FDA 3356; eligibility determination for donors; and CGTP. *Establishment Registration and Listing; Form FDA 3356* The regulations in part 1271 (21 CFR part 1271) require domestic and foreign establishments that recover, process, store, label, package, or distribute any HCT/Ps, or that perform screening or testing of the cell or tissue donor to register with FDA (§ 1271.10(b)(1)) and submit a list of each HCT/P manufactured (§ 1271.10(b)(2)). Section 1271.21(a) requires the initial establishment registration, and § 1271.25(a) and

(b)identifies the required initial registration and HCT/P listing information. Section 1271.21(b) requires an annual update of the establishment registration. Section 1271.21(c)(ii) requires establishments to submit HCT/P listing updates when an HCT/P is changed as described in § 1271.25(c). Section 1271.25(c) identifies the required HCT/P listing update information. Section 1271.26 requires establishments to submit an amendment if ownership or location of the establishment changes. FDA requires the use of a registration and listing form (Form FDA 3356: Establishment Registration and Listing for Human Cells, Tissues, and Cellular and Tissue-Based Products to submit the required information (§§ 1271.10, 1271.21, 1271.25, and 1271.26)). To further facilitate the ease and speed of submissions, electronic submission is accepted ( *http://www.fda.gov/cber/tissue/tisreg.htm* ). *Eligibility Determination for Donors* FDA requires HCT/P establishments described in § 1271.1(b) to screen and test the donors of cells and tissue used in those products for risk factors for and clinical evidence of relevant communicable diseases agents and diseases. The documented determination of a donor's eligibility is made by a responsible person and is based on the results of required donor screening, which includes a donor medical history interview (defined in § 1271.3(n)), and testing (§ 1271.50(a)). HCT/P establishments are permitted to ship an HCT/P only if it is accompanied by documentation of the donor-eligibility determination (§ 1271.55(a)). This requirement applies to an HCT/P from a donor determined to be eligible as well as to a product from a donor who is determined to be ineligible and made available for use under certain provisions. The accompanying documentation must contain a summary of records used to determine donor eligibility, and a statement whether, based on the results of the screening and testing of the donor, that the donor is determined to be eligible or ineligible. Records used in determining the eligibility of a donor, i.e., results and interpretations of screening and testing, the donor eligibility determination, the name and address of the testing laboratory or laboratories, and the name of the responsible person who made the determination and the date, must be maintained (§ 1271.55(d)(1)). If any information on the donor is not in English, the HCT/P establishment must retain the original record and the statement of authenticity from the translator (§ 1271.55(d)(2)). HCT/P establishments must retain the records pertaining to HCT/Ps at least 10 years after the date of administration, distribution, disposition, or expiration, whichever is latest (§ 1271.55(d)(4)). When a product is shipped in quarantine, before completion of screening and testing, the HCT/P establishment must provide the donor identification, a statement that the donor-eligibility determination is not completed and that the product is not to be used until eligibility determination is completed (§ 1271.60(c)). With the use of a product from an incompletely tested donor, the results of any completed donor screening and testing, and a list of any required screening and testing not yet completed must accompany the HCT/P (§ 1271.60(d)(2)). When using an HCT/P from an ineligible donor, documentation by the HCT/P establishment is required showing that the recipient's physician received notification of the screening and testing results (§ § 1271.60(d)(3) and 1271.65(b)(3)). An HCT/P establishment is also required to establish and maintain procedures for all steps that are performed in determining eligibility (§ 1271.47(a)), including the use of a product from a donor testing positive for cytomegalovirus (§ 1271.85(b)(2)). The HCT/P establishment must record any departure from the procedures (§ 1271.47(d)). *Current Good Tissue Practice* FDA requires certain HCT/P establishments to follow CGTPs. Section 1271.155(a) permits the submission of a request for FDA approval of an exemption or an alternative from any requirement in subpart C or D of part 1271. Section 1271.290(c) requires the establishment to affix a distinct identification code to each HCT/P relating the HCT/P to the donor and all records pertaining to the HCT/P. Whenever an establishment initially distributes an HCT/P to a consignee, § 1271.290(f) requires the establishment to inform the consignee, in writing, of the product tracking requirements and the methods the establishment uses to fulfill the requirements. Non-reproductive HCT/P establishments described in § 1271.10 are required under § 1271.350(a)(1) and (b)(1) to report to FDA adverse reactions (defined in § 1271.3(y)) and HCT/P deviations (defined in § 1271.3(dd)). Section 1271.370(b) and

(c)requires establishments to include specific information either on the HCT/P label or in the package insert. The standard operating procedures

(SOP)provisions under part 1271 include the following:

(1)Section 1271.160(b)(2) (receiving, investigation, evaluating, and documenting information relating to core CGTP requirements received from other sources and for sharing information with consignees and other establishments);

(2)section 1271.180(a) (to meet core CGTP requirements for all steps performed in the manufacture of HCT/Ps);

(3)section 1271.190(d)(1) (facility cleaning and sanitization);

(4)section 1271.200(b) (cleaning, sanitizing, and maintenance of equipment);

(5)section 1271.200(c) (calibration of equipment);

(6)section 1271.230(a) (verification or validation of changes to a process);

(7)section 1271.250(a) (controls for labeling HCT/Ps);

(8)section 1271.265(e) (receipt, pre-distribution shipment, availability for distribution, and packaging and shipping of HCT/Ps);

(9)section 1271.265(f) (suitable for return to inventory);

(10)section 1271.270(b) (records management system);

(11)section 1271.290(b)(1) (system of HCT/P tracking); and

(12)section 1271.320(a) (review, evaluation, and documentation of all complaints). Section 1271.155(f) requires an establishment operating under the terms of an exemption or alternative to maintain documentation of the terms and date of FDA approval. Section 1271.160(b)(3) requires documentation of corrective actions taken as a result of an audit of the quality program. Section 1271.160(b)(6) requires documentation of HCT/P deviations. Section 1271.160(d) requires documentation of computer validation or verification activities and results when computers are used to comply with the core CGTP requirements for its intended use. Section 1271.190(d)(2) requires documentation of all significant facility cleaning and sanitation. Section 1271.195(d) requires documentation of environmental control and monitoring activities. Section 1271.200(e) requires documentation of all equipment maintenance, cleaning, sanitizing, calibration, and other activities. Section 1271.210(d) requires documentation of the receipt, verification, and use of each supply or reagent. Section 1271.230(a) requires documentation of validation activities when the results of a process cannot be fully verified by subsequent inspection and tests. Section 1271.230(c) requires documentation of the review and evaluation of a process and revalidation of the process, if necessary, when any changes to a validated process occur. Section 1271.260(d) and

(e)requires documentation of the storage temperature of HCT/Ps and any corrective action taken when acceptable storage conditions are not met. Section 1271.265(c)(1) requires documentation that all release criteria are met before distribution of an HCT/P. Section 1271.265(c)(3) requires documentation of any departure from a procedure at the time of occurrence. Section 1271.265(e) requires documentation of the receipt, pre-distribution shipment, distribution, and packaging and shipping of HCT/Ps. Section 1271.270(a) requires documentation of each step in manufacturing required in part 1271, subparts C and D. Section 1271.270(e) requires documentation of the name and address, and a list of responsibilities of any establishment that performs a manufacturing step for you. Section 1271.290(d) and

(e)requires documentation of the disposition of each non-reproductive HCT/P as part of its tracking method. Section 1271.320(b) requires an establishment to maintain a record of each complaint that it receives, including a review and evaluation. Respondents to this information collection are establishments that recover, process, store, label, package or distribute any HCT/P, or perform donor screening or testing. The estimates provided below are based on information from FDA's database system and trade organizations for 2006. The hours per response and hours per record are based on data provided by the Eastern Research Group, or FDA experience with similar recordkeeping or reporting requirements. There are an estimated 2,017 HCT/P (conventional tissue, eye tissue, peripheral blood stem cell, stem cell products from cord blood, reproductive tissue, and sperm banks) establishments, including 481 manufacturers of HCT/P products regulated under the Federal Food, Drug, and Cosmetics Act and section 351 of the PHS Act, that have registered and listed with FDA. In addition, we estimate that 241 new establishments have registered with FDA (§§ 1271.10(b)(1) and (b)(2) and 1271.25(a) and (b)). There are an estimated 3,289 listing updates (§§ 1271.10(b)(2), 1271.21(c)(2)(ii) and 1271.25(c)) and 500 location/ownership amendments (§ 1271.26). Under § 1271.55(a), an estimated 1,677,105 HCT/Ps (approximately 1,500,000 conventional tissues, 44,186 eye tissues, 7,919 hematopoetic stem cells/progenitor cells (total of 1,552,105 non-reproductive cells and tissues), and 125,000 reproductive cells and tissues) are distributed per year by an estimated 1,536 establishments (2,017 - 481 establishments with approved applications). Under § 1271.60(c), FDA estimates that 1,200 establishments shipped an estimated 250,000 HCT/P under quarantine, and that an estimated 8 establishments requested an exemption from or alternative to any requirement under part 1271, subpart C or D, specifically under § 1271.155(a). Under §§ 1271.290(c) and 1271.370(b) and (c), the estimated 1,449 non-reproductive HCT/P establishments label each of their 1,552,105 HCT/Ps with certain information. These establishments are also required to inform their consignees in writing of the requirements for tracking and of their established tracking system under § 1271.290(f). FDA estimates 42 HCT/P establishments submitted 67 adverse reaction reports involving communicable disease (§ 1271.350(a)(1)), and 81 establishments submitted 144 deviation reports relating to the core CGTP requirements (§ 1271.350(b)(1)). FDA estimates that 241 new establishments will create SOPs, and that 2,017 establishments will review and revise existing SOPs annually. FDA estimates that 1,009 HCT/P establishments (2,017x50%=1,009) and 725 non-reproductive HCT/P establishments (1,449x50%=725) record and justify a departure from the procedures (§ 1271.47(d) and § 1271.265(c)(3)). Under § 1271.50(a), HCT/P establishments are required to have a documented medical history interview about the donor's medical history and relevant social behavior as part of the donor's relevant medical records for each of the estimated 77,944 donors (approximately 23,295 conventional tissue donors, 42,649 eye tissue donors, 7,000 peripheral and cord blood stem cell donors (72,944 non-reproductive cells and tissue donors), and 5,000 reproductive cell and tissue donors). FDA estimates that 605 HCT/P establishments (2,017x30%=605) document an urgent medical need of the product to notify the physician using the HCT/P (§§ 1271.60(d)(3) and 1271.65(b)(3)). FDA also estimates that 1614 HCT/P establishments (2,017x80%=1,614) have to maintain records for an average of 2 contract establishments to perform their manufacturing process (§ 1271.270(e)) and 1,009 HCT/P establishments maintain an average of 5 complaint records annually (§ 1271.320(b)). In some cases, the estimated burden may appear to be lower or higher than the burden experienced by individual establishments. The estimated burden in these charts is an estimated average burden, taking into account the range of impact each regulation may have. FDA estimates the burden of this collection of information as follows: ** Table 1.—Estimated Annual Reporting Burden 1 ** 21 CFR Section No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 1271.10(b)(1) and 1271.21(b) 2 2,017 1 2,017 0.5 1,008.5 1271.10(b)(1) and (b)(2), 1271.21(a), and 1271.25(a) and

(b)2 241 1 241 0.75 180.75 1271.10(b)(2), 1271.21(c)(2)(ii) and 1271.25(c) 2 3,289 1 3,289 0.5 1,644.50 1271.26 2 500 1 500 0.25 125 1271.55(a) 1,536 1,091.87 1,677,105 0.5 838,552.50 1271.60(c) and (d)(2) 1,200 208.33 250,000 0.5 125,000 1271.155(a) 8 1 8 3 24 1271.290(c) 1,449 1,071.16 1,552,105 0.08 124,168.4 1271.290(f) 1,449 1 1,449 1 1,449 1271.350(a)(1) 42 1.60 67 1 67 1271.350(b)(1) 81 1.78 144 1 144 1271.370(b) and

(c)1,449 1,071.16 1,552,105 0.25 388,026.25 Total 1,480,389.80 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Using Form FDA 3356. ** Table 2.—Estimated Annual Recordkeeping Burden 1 ** 21 CFR Section No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours New SOPs 2 241 1 241 48 11,568 SOP Update 2 2,017 1 2,017 24 48,408 1271.47(d) 1,009 1 1,009 1 1,009 1271.50(a) 2,017 38.64 77,944 5 389,720 1271.55(d)(1) 2,017 38.64 77,944 1 77,944 1271.55(d)(2) 2,017 1 2,017 1 2,017 1271.55(d)(4) 2,017 1 2,017 120 242,040 1271.60(d)(3) and 1271.65(b)(3) 605 1 605 2 1,210 1271.155(f) 8 1 8 0.25 2 1271.160(b) 1,449 12 17,388 1 17,388 1271.160(d) 1,449 12 17,388 1 17,388 1271.190(d)(2) 1,449 12 17,388 1 17,388 1271.195(d) 1,449 12 17,388 1 17,388 1271.200(e) 1,449 12 17,388 1 17,388 1271.210(d) 1,449 12 17,388 1 17,388 1271.230(a) 1,449 12 17,388 1 17,388 1271.230(c) 1,449 1 1,449 1 1,449 1271.260(d) 1,449 12 17,388 0.25 4,347 1271.260(e) 1,449 365 528,885 0.08 42,310.8 1271.265(c)(1) 1,449 1,071.16 1,552,105 0.08 124,168.4 1271.265(c)(3) 725 1 725 1 725 1271.265(e) 1,449 1,071.16 1,552,105 0.08 124,168.4 1271.270(a) 1,449 1,071.16 1,552,105 0.25 388,026.25 1271.270(e) 1614 2 3228 0.5 1,614 1271.290(d) and

(e)1,449 50.34 72,944 0.25 18,236 1271.320(b) 1,009 5 5,045 1 5,045 Total 1,605,723.85 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Sections 1271.47(a), 1271.85(b)(2), 1271.160(b)(2), 1271.180(a), 1271.190(d)(1), 1271.20c(b) and (c), 1271.230(a), 1271.250(a), and 1271.265(e). Dated: January 19, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-1196 Filed 1-25-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007N-0015] Agency Information Collection Activities; Proposed Collection; Comment Request; Adoption of the Food and Drug Administration Food Code by Local, State, and Tribal Governments AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the **Federal Register** concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on FDA's collection of information from local, State, and tribal governmental agencies concerning their adoption of, or plans to adopt, all or portions of the FDA Food Code or its equivalent by regulation, law, or ordinance. DATES: Submit written or electronic comments on the collection of information by March 27, 2007. ADDRESSES: Submit electronic comments on the collection of information to: *http://www.fda.gov/dockets/ecomments* . Submit written comments on the collection of information to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief Information Officer (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget

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

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

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

(4)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Adoption of the FDA Food Code by Local, State, and Tribal Governments (OMB Control Number 0910-0448)—Extension FDA has developed its model Food Code to assist and promote consistent implementation of national food safety regulatory policy among the local, State, and tribal governmental agencies that have primary responsibility for the regulation or oversight of retail level food operations. The FDA Food Code provides a scientifically sound technical and legal basis for regulating the retail segment of the food industry. Authority for providing such assistance is derived from section 311(a) of the Public Health Service Act (42 U.S.C. 243(a)). Under 31 U.S.C. 1535, FDA provides assistance to other Federal agencies such as the Indian Health Service. Nationwide adoption of the model FDA Food Code is an important step toward the agency's goal for consistent, scientifically sound, and risk-based food safety standards and practices. A current, comprehensive, and accurate inventory of food code adoptions by States and U.S. territories, local, and tribal governments is necessary to determine the status of up-to-date protection of the U.S. population and to identify areas where assistance to these governments may promote the adoption of regulations based on the FDA Food Code. This collection effort, which began in 2001, has had remarkable success with 97 percent participation from State and territorial governmental agencies. FDA contracted with the Association of Food and Drug Officials

(AFDO)to conduct the initial survey using the OMB approved survey form. The rulemaking process that local, State, territorial, and tribal governmental agencies must follow to adopt the model FDA Food Code is often a long and complicated process that can extend for several years. For this reason, many agencies have reported that they are still in the rulemaking process to adopt or update their food codes. Thus, FDA believes that extension of OMB approval of the survey is needed in order to keep the current database accurate and up-to-date. AFDO will collect the information electronically and/or telephonically and will be able to provide respondents with previous survey responses already in the database. Description of Respondents: States and U.S. territories, local, and tribal governmental agencies. FDA estimates the burden of this collection of information as follows: ** Table 1.—Estimated Annual Reporting Burden 1 ** Food Code Survey No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Respondents 75 4 300 1 300 1 There are no capital costs or operating and maintenance costs associated with this collection of information. This estimate is based on FDA's experience and the number of updates received in the past 3 years. FDA has reduced the estimated number of annual respondents from 150 to 75. FDA estimates that 75 respondents will provide four quarterly updates each, resulting in an estimated 300 total annual responses. The agency estimates that each quarterly update will take about 1 hour. Of the 75 respondents, those who amend their regulations with changes unrelated to the risk factors and interventions, and those who are not adopting model FDA Food Code provisions, but are incorporating certain Conference for Food Protection recommendations only, will likely need only annual contact. Dated: January 17, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-1231 Filed 1-25-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket Nos. 2006M-0339, 2006M-0338, 2006M-0340, 2006M-0323, 2006M-0324, 2006M-0321, 2006M-0389, 2006M-0293, 2006M-0294, 2006M-0295, 2006M-0325, 2006M-0322, 2006M-0367, 2006M-0374, 2006M-0342, 2006M-0341, 2006M-0343, 2006M-0368] Medical Devices; Availability of Safety and Effectiveness Summaries for Premarket Approval Applications AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is publishing a list of premarket approval applications

(PMAs)that have been approved. This list is intended to inform the public of the availability of safety and effectiveness summaries of approved PMAs through the Internet and the agency's Division of Dockets Management. ADDRESSES: Submit written requests for copies of summaries of safety and effectiveness to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Please cite the appropriate docket number as listed in table 1 of this document when submitting a written request. See the SUPPLEMENTARY INFORMATION section for electronic access to the summaries of safety and effectiveness. FOR FURTHER INFORMATION CONTACT: Thinh Nguyen, Center for Devices and Radiological Health (HFZ-402), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240-276-4010, ext. 152. SUPPLEMENTARY INFORMATION: I. Background In the **Federal Register** of January 30, 1998 (63 FR 4571), FDA published a final rule that revised 21 CFR 814.44(d) and 814.45(d) to discontinue individual publication of PMA approvals and denials in the **Federal Register** . Instead, the agency now posts this information on the Internet on FDA's home page at *http://www.fda.gov* . FDA believes that this procedure expedites public notification of these actions because announcements can be placed on the Internet more quickly than they can be published in the **Federal Register** , and FDA believes that the Internet is accessible to more people than the **Federal Register** . In accordance with section 515(d)(4) and (e)(2) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360e(d)(4) and (e)(2)), notification of an order approving, denying, or withdrawing approval of a PMA will continue to include a notice of opportunity to request review of the order under section 515(g) of the act. The 30-day period for requesting reconsideration of an FDA action under § 10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a PMA begins on the day the notice is placed on the Internet. Section 10.33(b) provides that FDA may, for good cause, extend this 30-day period. Reconsideration of a denial or withdrawal of approval of a PMA may be sought only by the applicant; in these cases, the 30-day period will begin when the applicant is notified by FDA in writing of its decision. The regulations provide that FDA publish a quarterly list of available safety and effectiveness summaries of PMA approvals and denials that were announced during that quarter. The following is a list of approved PMAs for which summaries of safety and effectiveness were placed on the Internet from July 1, 2006, through September 30, 2006. There were no denial actions during this period. The list provides the manufacturer's name, the product's generic name or the trade name, and the approval date. **Table 1.—List of Safety and Effectiveness Summaries for Approved PMAs Made Available From July 1, 2006, through September 30, 2006** PMA No./Docket No. Applicant Trade Name Approval Date P030019/2006M-0339 Anika Therapeutics, Inc. ORTHOVISC HIGH MOLECULAR WEIGHT HYALURONAN February 4, 2004 P010029/2006M-0338 Ferring Pharmaceuticals, Inc./applicant at approval was Savient Pharmaceuticals, Inc. NUFLEXXA (1% SODIUM HYALURONATE) December 3, 2004 P030016/2006M-0340 Staar Surgical Co. VISIAN ICL (IMPLANTABLE COLLAMER LENS) December 22, 2005 P970043(S20)/2006M-0323 Alcon Laboratories, Inc. LADARVISION 4000 EXCIMER LASER SYSTEM May 1, 2006 P970043(S22)/2006M-0324 Alcon Laboratories, Inc. LADARVISION 4000 EXCIMER LASER SYSTEM May 2, 2006 P050051/2006M-0321 Abbott Laboratories, Inc. ABBOTT ARCHITECT AUSA-B June 1, 2006 P050042/2006M-0389 Abbott Laboratories, Inc. ARCHITECT ANTI-HCV ASSAY; ARCHITECT ANTI-HCV CALIBRATOR; AND ARCHITECT ANTI-HCV CONTROL June 7, 2006 P050044/2006M-0293 Orthovita, Inc. VITAGEL SURGICAL HEMOSTAT June 16, 2006 P050017/2006M-0294 Cook Incorporated ZILVER VASCULAR STENT June 26, 2006 P050014/2006M-0295 Fujifilm Medical System USA, Inc. FUJI'S COMPUTED RADIOGRAPHY MAMMOGRAPHY SUITE (FCRMS) July 10, 2006 P020050(S4)/2006M-0325 Wavelight AG/applicant at approval was SurgiVision Regulatory Consultants, Inc. WAVELIGHT ALLEGRETTO WAVE EXCIMER LASER SYSTEM July 26, 2006 P050011/2006M-0322 Baxter Healthcare Corp./applicant at approval was Innovata PLC ADEPT (4% ICODEXTRIN) ADHESION REDUCTION SOLUTION July 28, 2006 P050023/2006M-0367 Biotronik, Inc. TUPOS LV/ATX & KRONOS LV-T CRT-D & COROX OWT STEROID PACING LEAD August 10, 2006 P040036/2006M-0374 Biosense Webster, Inc. NAVISTAR THERMOCOOL DEFLECTABLE DIAGNOSTIC ABLATION CATHETER August 11, 2006 P060004/2006M-0342 Carl Zeiss, Inc./applicant at approval was Carl Zeiss Meditec, Inc. MEL 80 EXCIMER LASER August 11, 2006 P050006/2006M-0341 WL Gore & Associates, Inc. GORE HELEX SEPTAL OCCLUDER August 11, 2006 P050010/2006M-0343 Synthes Spine/applicant at approval was Synthes Spine Co., L.P. PRODISC-L TOTAL DISC REPLACEMENT August 14, 2006 H040006/2006M-0368 Abiomed, Inc. ABICOR IMPLANTABLE REPLACEMENT HEART September 5, 2006 II. Electronic Access Persons with access to the Internet may obtain the documents at *http://www.fda.gov/cdrh/pmapage.html* . Dated: January 16, 2007. Linda S. Kahan, Deputy Director, Center for Devices and Radiological Health. [FR Doc. E7-1199 Filed 1-25-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Submission for OMB Review; Comment Request Periodically, the Health Resources and Services Administration

(HRSA)publishes abstracts of information collection requests under review by the Office of Management and Budget (OMB), in compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). To request a copy of the clearance requests submitted to OMB for review, call the HRSA Reports Clearance Office on (301)-443-1129. The following request has been submitted to the Office of Management and Budget for review under the Paperwork Reduction Act of 1995: Proposed Project: Application for the National Health Service Corps

(NHSC)Scholarship Program (OMB No. 0915-0146): Extension The National Health Service Corps

(NHSC)Scholarship Program's mission is to ensure the geographic representation of physicians and other health practitioners in the United States. Under this program, health professions students are offered scholarships in return for service in a federally designated Health Professional Shortage Area (HPSA). The Scholarship Program provides the NHSC with the health professionals it requires to carry out its mission of providing primary health care to HPSA populations in areas of greatest need. Students are supported who are well qualified to participate in the NHSC Scholarship Program and who want to assist the NHSC in its mission, both during and after their period of obligated service. Scholars are selected for these competitive awards based on the information provided in the application. Awards are made to applicants who demonstrate a high potential for providing quality primary health care services. The estimated response burden is as follows: Form Number of respondents Responses per respondent Total responses Hours per response Total burden hours Application 1800 1 1800 1 1800 Interview 600 1 600 .25 150 Total 1800 2400 1950 Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to: Karen Matsuoka, Human Resources and Housing Branch, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. Dated: January 19, 2007. Caroline Lewis, Acting Associate Administrator for Administration and Financial Management. [FR Doc. E7-1272 Filed 1-25-07; 8:45 am] BILLING CODE 4165-15-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, Public Law 104-13), the Health Resources and Services Administration

(HRSA)publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget

(OMB)under the Paperwork Reduction Act of 1995. To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, call the HRSA Reports Clearance Officer on

(301)443-1129. *Comments are invited on:*

(a)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: National Bioterrorism Hospital Preparedness Program (NBHPR) Data Collection Instrument (DCI)—NEW The Healthcare Systems Bureau (HSB), Division of Healthcare Preparedness (DHP), is proposing a Data Collection Instrument

(DCI)to gather critical information from the 62 Awardees participating in the National Bioterrorism Hospital Preparedness Program (NBHPR). The DCI will capture information related to: Performance measures, critical benchmarks, minimal levels of readiness, program statistics, policies and procedures, surge capacity elements, surge capacity as measured by exercises, and other pertinent information for programmatic improvement and tracking performance. The data will be gathered from mid-year progress reports on annual activities, final reports on annual activities, and progress indicator reports submitted to HRSA's HSB, DHP. Awardees will indicate the progress made toward each of the financial and programmatic objectives noted on their cooperative agreement application

(CAA)on the mid-year progress report. The final report on annual activities will require Awardees to provide additional details on how objectives were achieved and how the program funds were spent. The progress indicator report will require Awardees to outline improvements made to date toward achieving the program's critical benchmarks. Currently, there is no uniform reporting system in place to capture mid-year, final, and indicator reporting data. A uniform system for data collection will provide the DHP with information to provide technical assistance and to track and monitor program outcomes. The DCI will provide the program with the ability to review progress and generate reports on financial and programmatic objectives. In addition, the reporting will increase HRSA's ability to quickly and efficiently analyze data, identify trends, make timely program decisions, and provide the Department of Health and Human Services (HHS), Congress, and other Agencies with data. The burden estimate for Awardees to complete and submit a submission is as follows: Submission type Number of respondents Responses per respondent Total number of responses Hours per response Total burden hours Mid-year Report 62 1 62 45 2,790 Final Report 62 1 62 45 2,790 Progress Indicator Report 62 1 62 50 3,100 Total 62 186 8,680 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: January 19, 2007. Caroline Lewis, Acting Associate Administrator for Administration and Financial Management. [FR Doc. E7-1273 Filed 1-25-07; 8:45 am] BILLING CODE 4165-15-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; Comment Request; Phase II of a Prospective Cohort Study of Diet and Cancer in Members of the American Association of Retired Persons SUMMARY: In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the National Cancer Institute (NCI), the National Institutes of Health

(NIH)will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget

(OMB)for review and approval. *Proposed Collection: Title:* Phase II of A Prospective Cohort Study of Diet and Cancer in Members of the American Association of Retired Persons. *Type of Information Collection Request:* New. *Need and Use of Information Collection:* The specific objectives of the current study are to:

(1)Examine prospectively the relation between diet and major cancers (especially those of the breast, colorectal, prostate, and non-Hodgkin's lymphoma;

(2)in a series of pilot studies, evaluate the quality and completeness of dietary data collected from automated web-based dietary assessment instruments, individually and collectively, in a large cohort, and;

(3)in a calibration substudy, compare energy expenditure (measured by doubly labeled water) and protein and potassium intakes (measured by 24-hour urinary nitrogen and potassium excretion) with intakes of energy, protein, and potassium as reported on web-based, automated 24-Hour Dietary Record (24HR), an automated Diet History Questionnaire (DHQ), and an automated DHQ adjusted by automated 7-Day Food Lists (7DFLs) to assess measurement error structure in the instruments. The proposed study will build on the existing Prospective Study of Diet and Cancer in members of the American Association of Retired Persons by updating exposure information in the existing cohort and allowing for continued tracking and follow-up;

(2)expanding the cohort by recruiting additional participants and surveying their diet and other exposures. In addition to the 566,403 persons from the original cohort, a new cohort of 2.5 million 50-59 year olds from the same states as the original AARP cohort, and 4 million 50-69 year olds from 8 new states will be contacted as part of the recruitment and data collection effort. Phase II will apply the latest technology to use web-based data collection instruments for economical and efficient assessment of dietary exposures of study participants. This uniquely designed cohort study has a capacity greater than that of any previous study for evaluating connections between dietary factors and major cancers. *Frequency of Response:* The frequency of response is dependent on the instrument and the portion of the study that the respondent is participating in (pilot, main study, and/or calibration substudy), as described in the table below. *Affected Public:* Individuals. *Type of Respondents:* U.S. adults (person ages 50-85). The annual reporting burden is as follows: Table A.—Annualized Burden Estimates for the Phase II NIH-AARP Diet and Health Study Data Collection Type of response Estimated number of respondents Frequency of response Average time per response Annual hour burden Pilot Studies: Personal characteristics Questionnaire

(PCQ)Completed one time; counted in main study. Diet History Questionnaire

(DHQ)Completed one time; counted in main study. 24-Hour Food Recall 1,500 3 0.42 1,890 7-Day Food List 1,500 1 1.75 2,625 Other Dietary Assessment Instruments 1,500 1 0.25 75 Pilot Study Total 1,500 4,590 Main Study: PCQ 1,710,403 1 0.25 427,601 DHQ 1,710,403 1 1.0 1,710,403 24-Hour Food Recall 1,710,403 6 0.42 4,310,216 7-Day Food List 1,710,403 1 1.75 2,993,205 Other Dietary Assessment Instruments 1,710,403 1 .25 427,601 Main Study Total 1,710,403 9,869,026 Calibration Substudy: PCQ Completed one time; counted in main study. DHQ Completed one time; counted in main study. 24-Hour Food Recall 400 2 0.42 1344 7-Day Food List 400 1 1.75 1400 Physical Activity Questionnaire 400 1 0.25 100 Calibration Substudy Total 400 2,844 There are no Capital, Operating, or Maintenance Costs to report. *Request for Comments:* Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points:

(1)Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;

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

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

(4)Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. FOR FURTHER INFORMATION CONTACT: To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact Arthur Schatzkin, M.D., Dr. P.H., Nutritional Epidemiology Branch, Division of Cancer Epidemiology and Genetics, National Cancer Institute, NIH, DHHS, 6120 Executive Blvd., EPS-MSC 7242, Bethesda, MD, 20892, U.S.A. or call non-toll-free number 301-594-2931 or e-mail your request, including your address to: *schatzka@mail.nih.gov* . *Comments Due Date:* Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication. Dated: January 16, 2007. Rachelle Ragland-Greene, NCI Project Clearance Liaison, National Institutes of Health. [FR Doc. E7-1282 Filed 1-25-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of an Existing Information Collection, Comment Request ACTION: 30-Day Notice of Information Collection Under Review; Employment Eligibility Verification; Form I-9; OMB Control No.1615-0047. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the **Federal Register** on November 13, 2006, at 71 FR 66183, allowing for a 60-day public comment period. USCIS received three comments from the public and responded to the three commenters. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until February 26, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget

(OMB)USCIS Desk Officer. Comments may be submitted to: USCIS, Director, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, 3rd floor Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov,* and to the OMB USCIS Desk Officer via facsimile at 202-395-6974 or via e-mail at *kastrich@omb.eop.gov.* When submitting comments by e-mail please make sure to add OMB Control Number 1615-0047. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

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

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* Extension of a currently approved information collection.

(2)*Title of the Form/Collection:* Employment Eligibility Verification.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-9. U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Individuals or households. This form was developed to facilitate compliance with section 274A of the Immigration and Nationality Act, which prohibits the knowing employment of unauthorized aliens. The information collected is used by employers or by recruiters for enforcement of provisions of immigration laws that are designed to control the employment of unauthorized aliens.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 78,000,000 at 9 minutes per response, and 20,000,000 record keepers at (3 minutes) per filing.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 12,700,000 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please visit the USCIS Web site at: *http://uscis.gov/graphics/formsfee/forms/pra/index.htm.* If additional information is required contact: USCIS, Regulatory Management Division, 111 Massachusetts Avenue, Suite 3008, Washington, DC 20529,

(202)272-8377. Dated: January 23, 2007. Stephen Tarragon, Deputy Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-1235 Filed 1-25-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5125-N-04] Federal Property Suitable as Facilities To Assist the Homeless AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. SUMMARY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, room 7266, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone

(202)708-1234; TTY number for the hearing- and speech-impaired

(202)708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1-800-927-7588. SUPPLEMENTARY INFORMATION: In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in *National Coalition for the Homeless* v. *Veterans Administration,* No. 88-2503-OG (D.D.C.). Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD:

(1)Its intention to make the property available for use to assist the homeless,

(2)its intention to declare the property excess to the agency's needs, or

(3)a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless. Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to John Hicks, Division of Property Management, Program Support Center, HHS, room 5B-17, 5600 Fishers Lane, Rockville, MD 20857;

(301)443-2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581. For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable. For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available. Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers interested in a review by HUD of the determination of unsuitability should call the toll free information line at 1-800-927-7588 for detailed instructions or write a letter to Mark Johnston at the address listed at the beginning of this Notice. Included in the request for review should be the property address (including zip code), the date of publication in the **Federal Register,** the landholding agency, and the property number. For more information regarding particular properties identified in this Notice ( *i.e.,* acreage, floor plan, existing sanitary facilities, exact street address), providers should contact the appropriate landholding agencies at the following addresses: *ENERGY:* Mr. John Watson, Department of Energy, Office of Engineering & Construction Management, ME-90, 1000 Independence Ave, SW., Washington, DC 20585:

(202)586-0072; *GSA:* Mr. John Kelly, Acting Deputy Assistant Commissioner, General Services Administration, Office of Property Disposal, 18th & F Streets, NW., Washington, DC 20405;

(202)501-0084; *NAVY:* Mr. Warren Meekins, Associate Director, Department of the Navy, Real Estate Services, Naval Facilities Engineering Command, Washington Navy Yard, 1322 Patterson Ave., SE., Suite 1000, Washington, DC 20374-5065;

(202)685-9305; (These are not toll-free numbers). Dated: January 18, 2007. Mark R. Johnston, Deputy Assistant Secretary, for Special Needs. Title V, Federal Surplus Property Program Federal Register Report for 01/26/2007 Suitable/Available Properties Building Colorado Motor Pool Facility 3720 Walnut Street Boulder CO 80301 Landholding Agency: GSA Property Number: 54200710002 Status: Excess GSA Number: 7-G-CO-0633-2 Comments: 2520 sq. ft., most recent use—used car dealership Indiana Fed. Bldg./Courthouse 507 State Street Hammond IN 46320 Landholding Agency: GSA Property Number: 54200710003 Status: Excess GSA Number: 1-G-IN-590 Comments: 43,133 sq. ft., presence of asbestos, most recent use—office, National Register of Historic Places Suitable/Available Properties Building Samoa 6 Housing Units Lima & FA Streets Tafuna AQ 96799 Landholding Agency: GSA Property Number: 54200710001 Status: Surplus GSA Number: 9-U-AS-002 Comments: 1722 or 1354 sq. ft., must negotiate long-term ground lease w/the Govt of American Samoa Land Oklahoma Tracts 107, 202 Candy Lake Project Osage OK Landholding Agency: GSA Property Number: 54200710004 Status: Surplus GSA Number: 7-D-OK-0529-1-F, U Comments: 604.92 acres, cattle grazing Summary for Suitable/Available Properties = Total number of Properties 10 Unsuitable Properties Building California Bldg. 363 National Laboratory Livermore CA Landholding Agency: Energy Property Number: 41200710001 Status: Excess Reasons: Secured Area Bldgs. 436, 446 National Laboratory Livermore CA Landholding Agency: Energy Property Number: 41200710002 Status: Excess Reasons: Secured Area Bldg. PH425 Naval Base Port Hueneme Co Ventura CA 93043 Landholding Agency: Navy Property Number: 77200710001 Status: Unutilized Reasons: Secured Area Extensive deterioration Unsuitable Properties Building Guam Bldg. 4 Naval Base Barrigada GU Landholding Agency: Navy Property Number: 77200710002 Status: Unutilized Reasons: Extensive deterioration Bldg. C115 Naval Base Barrigada GU Landholding Agency: Navy Property Number: 77200710003 Status: Unutilized Reasons: Extensive deterioration Bldg. 160 Naval Base Barrigada GU Landholding Agency: Navy Property Number: 77200710004 Status: Unutilized Reasons: Extensive deterioration Bldg. 176 Naval Base Barrigada GU Landholding Agency: Navy Property Number: 77200710005 Status: Unutilized Reasons: Extensive deterioration Unsuitable Properties Building Guam Bldg. 33 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710006 Status: Excess Reasons: Extensive deterioration Bldg. 219 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710007 Status: Excess Reasons: Extensive deterioration Bldg. 950 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710008 Status: Excess Reasons: Extensive deterioration Bldg. 1769 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710009 Status: Excess Reasons: Extensive deterioration Unsuitable Properties Building Guam Bldgs. 3186, 3187, 3188 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710010 Status: Excess Reasons: Extensive deterioration Bldgs. 4408, 4409 Naval Base Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710011 Status: Excess Reasons: Extensive deterioration Hazmat Storage Naval Base Polaris Point Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710012 Status: Excess Reasons: Extensive deterioration Storage Bldg. Naval Base Polaris Point Santa Rita Co: Apra Harbor GU Landholding Agency: Navy Property Number: 77200710013 Status: Excess Reasons: Extensive deterioration Unsuitable Properties Building Hawaii Bldg. 193 Naval Station Pearl Harbor Co: Honolulu HI 96860 Landholding Agency: Navy Property Number: 77200710014 Status: Excess Reasons: Extensive deterioration Ohio Sharonville Depot Enterprise Drive Hamilton OH 45241 Landholding Agency: GSA Property Number: 54200710006 Status: Excess GSA Number: 0000 Reasons: Within 2000 ft. of flammable or explosive material Washington Fisher Transit Site Easement Jefferson WA Landholding Agency: Navy Property Number: 77200710015 Status: Excess Reasons: Other—Remote Location Unsuitable Properties Building West Virginia Pleasant Depot 2601 Madison Avenue Mason WV 25550 Landholding Agency: GSA Property Number: 54200710007 Status: Excess GSA Number: 04-G-WV-0551 Reasons: Contamination Land Missouri USCG South Base West Bank Upper Mississippi River St. Louis MO 63111 Landholding Agency: GSA Property Number: 54200710005 Status: Excess GSA Number: 7-X-MO-0640 Reasons: Floodway Washington Tabook Transit Site Easement Jefferson WA Landholding Agency: Navy Property Number: 77200710016 Status: Excess Reasons: Other—Remote Location Summary for Unsuitable Properties = Total number of Properties 22 [FR Doc. E7-951 Filed 1-25-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Office of the Secretary Notice of Proposed Information Collection AGENCY: Office of the Special Trustee for American Indians. ACTION: Notice and request for comments. SUMMARY: A proposal to extend the collection of information listed below (OMB Control Number 1035-0004) has been submitted to the Office of Management and Budget

(OMB)for approval under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Public comments on this submission are solicited. DATES: OMB has up to 60 days to approve or disapprove the information collection, but may respond after 30 days. Therefore, public comments should be submitted to OMB by February 26, 2007, in order to be assured of consideration. ADDRESSES: Send your written comments to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention, Department of the Interior Desk Officer, by fax to 202-395-6566, or by e-mail to *oira_docket@omb.eop.gov* . Please send a copy of your written comments to the Office of the Secretary Information Collection Clearance Officer, Sue Ellen Sloca, 1951 Constitution Avenue NW., MS 120 SIB, Washington, DC 20240, or via e-mail to *sue_ellen_sloca@nbc.gov* . Individuals providing comments should reference OMB Control Number 1035-0004, “Trust Funds for Tribes and Individual Indians, 25 CFR Part 115.” FOR FURTHER INFORMATION CONTACT: To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instrument, please write to the above address, or call Sue Ellen Sloca, on 202-208-6045, or e-mail her on *sue_ellen_sloca@nbc.gov* . SUPPLEMENTARY INFORMATION: I. Abstract Office of Management and Budget

(OMB)regulations at 5 CFR 1320, which implement the Paperwork Reduction Act of 1995 (Pub. L. 104-13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8 (d)). This notice identifies an existing information collection activity that the Office of the Special Trustee for American Indians has submitted to OMB for extension. Public Law 103-412, The American Indian Trust Fund Management Reform Act of 1994, makes provision for the Office of the Special Trustee for American Indians, within the Office of the Secretary, to administer trust funds on behalf of individual Indians and of Indian tribes. This information collection, which covers one form and four different non-form occasions on which the government is required by law to collect information from account holders and third parties with a legal interest in particular individual accounts, *e.g.* , guardians of account holders who are minors, allows the Office of the Special Trustee to collect the information needed to establish and maintain trust accounts for individual Indians and Indian tribes. If this information were not collected, the Office of the Special Trustee would not be able to comply with The American Indian Trust Fund Management Reform Act of 1994, and the Office of the Special Trustee would not be able to carry out its fiduciary responsibilities to individual Indians and Indian tribes with respect to trust funds. II. Data

(1)*Title:* Trust Funds for Tribes and Individual Indians, 25 CFR Part 115. *OMB Control Number:* 1035-0004. *Current Expiration Date:* 01/31/2007. *Type of Review:* Information Collection: Renewal. *Affected Entities:* Individuals or households. State, Local, and Tribal Governments. *Form-based information collection:* *Estimated annual number of respondents:* 302,065. *Frequency of response:* 4 times per year. *Non-form information collections:* *Estimated annual number of responses:* 151,425. *Frequency of response:* On occasion.

(2)Annual reporting and record keeping burden. *Form-base information collection:* *Estimated number of responses annually:* 1,208,260. *Estimated burden per response:* 1/4 hour. *Total annual reporting:* 302,065 hours. *Non-form information collections:* *Estimated number of responses annually:* 151,425. *Estimated burden per response:* Varies with collection. *Total annual reporting:* 154,463 hours. *Total annual public burden:* 456,528 hours.

(3)*Description of the need and use of the information:* The statutorily-required information is needed to provide the Office of the Special Trustee with a vehicle to collect the information needed to establish and maintain trust accounts for individual Indians and Indian tribes. III. Request for Comments An initial opportunity for the public to comment on the Office of the Secretary's proposal to extend this information collection was announced in the **Federal Register** on August 3, 2006. The Office of the Secretary received no comments in response to its 60-day notice and request for comments. The public now has a second opportunity to comment on this proposal. The Department of the Interior invites comments on:

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(b)The accuracy of the agency's estimate of the burden of the collection and the validity of the methodology and assumptions used;

(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 those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other collection techniques or other forms of information technology. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information. 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 Office of Management and Budget control number. Dated: January 23, 2007. Ross O. Swimmer, Special Trustee for American Indians. [FR Doc. E7-1217 Filed 1-25-07; 8:45 am] BILLING CODE 4310-2W-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-040-07-5101-ER-F164; N-82076] Notice of Intent To Prepare an Environmental Impact Statement for a Proposed Coal-Fired Electric Power Plant, 250 Miles of High Voltage Transmission Line With Fiber Optic Cable, Approximately 100 Miles of New Rail Line, Substations, Water Well-Fields and Pipeline Delivery Systems, and Associated Facilities in Portions of White Pine, Lincoln, Nye, Elko, and Clark Counties, NV, and Notice of Public Meetings AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Intent

(NOI)to Prepare an Environmental Impact Statement

(EIS)and Initiate Public Scoping. SUMMARY: Pursuant to Section 102 (2)(C) of the National Environmental Policy Act of 1969, the Bureau of Land Management (BLM), Ely, Elko, and Las Vegas Field Offices, will be directing the preparation of an EIS and conducting public scoping meetings for a proposed Ely Energy Center (EEC), rail line, 345 kV and 500 kV transmission lines with fiber optic capacity, substations, water delivery, and associated facilities. *Comment Dates:* The comment period for scoping the EIS will commence with the publication of this notice. Those having concerns, issues, or alternatives they would like to see addressed in the EIS should respond with written comments by February 26, 2007. This scoping notice will be distributed by mail on or about the date of this notice. All comments received at the public scoping meetings or through written comments submitted will aid the BLM in identifying alternatives and mitigating measures and will help assure all issues are analyzed in the EIS. ADDRESSES: Comments and issues related to the proposed EIS should be mailed to Ann Perkins, Bureau of Land Management, Ely Field Office, HC 33 Box 33500, Ely, Nevada 89301. Information and a copy of this NOI can be obtained by writing to the Bureau of Land Management, Ely Field Office, HC 33 Box 33500, Ely, Nevada 89301, visiting the Ely Field Office at 702 North Industrial Way, Ely, NV 89301, or by contacting or visiting either the Las Vegas Office at 4701 North Torrey Pines Drive, Las Vegas, NV 89130 or the Elko office at 3900 Idaho Street, Elko, NV 89801. FOR FURTHER INFORMATION CONTACT: Ann Perkins at

(775)289-1850, e-mail *Ann_Perkins@nv.blm.gov* . SUPPLEMENTARY INFORMATION: The EIS will assess the potential impacts of initially granting rights-of-way

(ROW)and subsequent conveyance for a proposed power-generating facility and granting a ROW for proposed rail lines, transmission lines with fiber optic cable, substations, water well-fields and pipeline delivery systems, and associated facilities in White Pine County, Lincoln, Nye, Elko, and Clark counties, Nevada. The proposed project includes the EEC and additions to the Nevada Power and Sierra Pacific transmission systems. The EEC would consist of two 750 megawatt

(MW)coal-fired generating units in Phase I; a future Phase II includes two 500 MW integrated gasification combined-cycle generating units (or another efficient technology option) and other related facilities, e.g., a rail loop, coal unloading, handling, and storage facilities, a solid waste disposal facility, water storage and treatment facilities, evaporation pond, cooling towers, electric switchyards and substations, and support buildings. Water requirements include well fields and pumping facilities, water pipeline(s) and related facilities in Steptoe, Butte, and Jakes Valleys, rail spurs, and access roads. The well fields would require power and relay communication connections. The EIS will address whether to use the Nevada Northern Rail for coal delivery or, as an alternative, whether to build a new rail approximately 100 miles from Steptoe Valley to Shafter, Nevada. The electric transmission facilities would include up to two high voltage (500 kV) transmission lines interconnecting the electric transmission systems of Sierra Pacific and Nevada Power (between the proposed EEC and the existing Harry Allen substation in Clark County [Apex Valley] northeast of Las Vegas, Nevada). Each transmission alternative accommodates an interconnection of the 500-kV system to the existing 345-kV transmission system along the existing Falcon-Gonder corridor. The proposed project will include a new substation located adjacent to the plant, a new substation constructed at Robinson Summit, and expansion of the existing Harry Allen substation in Clark County. The proposed EEC would be located in the eastern part of Nevada in White Pine County. Two potential power plant sites, South Steptoe Valley

(SSV)and the North Steptoe Valley (NSV), have been identified for this project. Both proposed power plant sites would be accessible via an access road from Highway 93. The water wells, water pipeline, and related facilities would be located in mostly flat terrain within Steptoe, Butte, and Jakes Valleys. The rail spurs would be located on mostly flat terrain between the power plant site and either the existing Nevada Northern Railway rail line in Steptoe Valley or the alternate 100 mile rail line interconnecting the Union Pacific rail at Shafter. The electric transmission line ROWs would extend from the proposed new generation site in Steptoe Valley to intersect the existing Falcon-Gonder line. The 500 kV power lines may interconnect at a proposed new substation east of Robinson summit (described further below). The proposed line will intersect the previously federally-designated Southwest Intertie Project utility corridor, and will extend to the Harry Allen Substation in northeast Las Vegas, Clark County, Nevada. The existing Harry Allen Substation would be expanded by approximately 40 acres. The existing ROW grant would be amended to accommodate the new substation facilities associated with the interconnection of the proposed two 500 kV lines. A proposed new substation approximately 55 acres in size may be constructed near Highway 50 west of Robinson Summit. Approximately 1/2 mile of new electric transmission line ROW would be needed to loop the existing Falcon-Gonder 345 kV electric transmission line into the Robinson Summit substation. A third new substation would require approximately 80 acres for a new ROW to accommodate the equipment to interconnect the 500 kV and 345 kV systems. This new substation would be located adjacent to the plant site. The proposed power plant development area and ancillary facilities would encompass approximately 3,000 acres, of which approximately 1,000 acres would be required for a landfill for the combustion by-products and material collected by the pollution control equipment. Conveyance of approximately 2,500 acres via direct sale to Sierra Pacific/Nevada Power is proposed. The remaining 500 acres of the total 3,000-acre plant site will consist of a substation and other ancillary facilities; the 500 acres may be authorized by a Federal Lands Policy Management Act ROW. A map of the proposed project is available for viewing at the BLM, Ely Field Office, 702 North Industrial Way, Ely, NV 89301, or the Elko office at 3900 Idaho Street, Elko, NV 89801, or the Las Vegas Office at 4701 North Torrey Pines Drive, Las Vegas, NV 89130. Lands involved in this project may include but are not limited to the following legal descriptions: Mount Diablo Meridian, White Pine, Lincoln, Nye, Elko, and Clark Counties, Nevada Power Plant Site

(SSV)T. 19 N., R. 64 E., Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29 & 30. & Access Road

(SSV)T. 19 N., R. 64 E., Section 21. Rail Spur

(SSV)T. 35 N., R. 67 E., Sections 21, 22, 27, 28, 32, 33 & 34. T. 34 N., R. 67 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 & 33. T. 33 N., R. 67 E., Sections 4, 5, 6, 7, 8, 17, 18, 19, 20, 29, 30 & 31. T. 33 N., R. 66 E., Sections 25 & 36. T. 32 N., R. 67 E., Sections 6, 7, 18, 19 & 30. T. 32 N., R. 66 E., Sections 1, 12, 13, 24, 25, 26, 35 & 36. T. 31 N., R. 66 E., Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, & 35. T. 30 N., R. 66 E., Sections 2, 3, 4, 8, 9, 10, 15, 16, 17, 19, 20, 21, 29, 30, 31 & 32. T. 30 N., R. 65 E., Sections 25 & 36. T. 29 N., R. 66 E., Section 6. T. 29 N., R. 65 E., Sections 1, 2, 10, 11, 12, 13, 14, 15, 21, 22, 23, 27, 28, 32, 33 & 34. T. 28 N., R. 65 E., Sections 4, 5, 7, 8, 9, 17, 18, 19, 20, 29, 30, 31 & 32. T. 28 N., R. 64 E., Sections 25 & 36. T. 27 N., R. 65 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 31, & 32. T. 27 N., R. 64 E., Sections 1, 12 & 13. T. 26 N., R. 65 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 25 N., R. 65 E., Sections 6, 7, 18, 19, 30 & 31. T. 25 N., R. 64 E., Sections 1, 12, 13, 24, 25, 26, 35 & 36. T. 24 N., R. 64 E., Sections 1, 2, 10, 11, 12, 14, 15, 21, 22, 23, 27, 28, 33 & 34. T. 23 N., R. 64 E., Sections 3, 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 & 33. T. 22 N., R. 64 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 & 33. T. 21 N., R. 64 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 31, 32 & 33. T. 20 N., R. 64 E., Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, 28, 33 & 34. T. 19 N., R. 64 E., Sections 3, 4, 5, 7, 8, 9, 17, 18, 19 & 34. Rail Spur (SSV)—Alternative T. 19 N., R. 64 E., Sections 17 & 18. T. 19 N., R. 63 E., Section 13. Power Plant Site

(NSV)T. 24 N., R. 64 E., Sections 1, 2, 3, 9, 10, 11, 12, 14, 15, 16, 21, 22 & 23. & Access Road

(NSV)T. 24 N., R. 64 E., Sections 14 & 23. Rail Spur

(NSV)T. 35 N., R. 67 E., Sections 21, 22, 27, 28, 32, 33 & 34. T. 34 N., R. 67 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 & 33. T. 33 N., R. 67 E., Sections 4, 5, 6, 7, 8, 17, 18, 19, 20, 29, 30 & 31. T. 33 N., R. 66 E., Sections 25 & 36. T. 32 N., R. 67 E., Sections 6, 7, 18, 19 & 30. T. 32 N., R. 66 E., Sections 1, 12, 13, 24, 25, 26, 35 & 36. T. 31 N., R. 66 E., Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 27, 33, 34, & 35. T. 30 N., R. 66 E., Sections 2, 3, 4, 8, 9, 10, 15, 16, 17, 19, 20, 21, 29, 30, 31 & 32. T. 30 N., R. 65 E., Sections 25 & 36. T. 29 N., R. 66 E., Section 6. T. 29 N., R. 65 E., Sections 1, 2, 10, 11, 12, 13, 14, 15, 21, 22, 23, 27, 28, 32, 33 & 34. T. 28 N., R. 65 E., Sections 4, 5, 7, 8, 9, 17, 18, 19, 20, 29, 30, 31 & 32. T. 28 N., R. 64 E., Sections 25 & 36. T. 27 N., R. 65 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 28, 29, 30, 31, & 32. T. 27 N., R. 64 E., Sections 1, 12 & 13. T. 26 N., R. 65 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 25 N., R. 65 E., Sections 6, 7, 18, 19, 30 & 31. T. 25 N., R. 64 E., Sections 1, 12, 13, 24, 25, 26, 35 & 36. T. 24 N., R. 64 E., Sections 1, 2, 3, 9, 10, 11, 15 & 16. Rail Spur (NSV)—Alternative T. 24 N., R. 64 E., Sections 7, 16, 17 & 18. T. 24 N., R. 63 E., Sections 12 & 13. Transmission Line (Segment 1) T. 24 N., R. 64 E., Sections 19, 20, 21 & 22. T. 24 N., R. 63 E., Sections 23, 24, 25, 26 & 35. T. 23 N., R. 63 E., Sections 2, 3, 10, 11, 14, 15, 22, 26, 27, 34 & 35. T. 22 N., R. 63 E., Sections 2, 3, 10, 11, 14, 15, 23, 26 & 35. T. 21 N., R. 63 E., Sections 2, 11, 14, 23, 26, 27, 33, 34 & 35. T. 20 N., R. 63 E., Sections 1, 2, 3, 7, 8, 9, 10, 11, 16, 17 & 18. T. 20 N., R. 62 E., Sections 13, 14, 15, 21, 22, 23, 24, 27, 28, 29, 31, 32 & 33. T. 19 N., R. 62 E., Sections 5, 6 & 7. T. 19 N., R. 61 E., Sections 1, 11, 12, 13, 14, 15, 21, 22, 23, 27, 28, 29, 30, 31, 32, & 33. T. 18 N., R. 61 E., Sections 5, 6, 7, 8, 17, 18, 19 & 20. Transmission Line (Segment 2) T. 18 N., R. 61 E., Sections 19 & 20. Transmission Line (Segment 3) T. 19 N., R. 64 E., Sections 19, 20, 29 & 30. T. 19 N., R. 63 E., Sections 25 & 36. T. 18 N., R. 63 E., Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 & 36. T. 17 N., R. 63 E., Sections 2, 11 & 14. Transmission Line (Segment 4) T. 18 N., R. 62 E., Sections 28, 29, 30, 32, 33, 34 & 35. T. 18 N., R. 61 E., Sections 20, 21, 22, 25, 26, 27, 28 & 29. T. 17 N., R. 63 E., Sections 6, 7, 8, 9, 10, 11, 14, 15, 16 & 17. T. 17 N., R. 62 E., Sections 1, 2, 3 & 12. Transmission Line (Segment 5) T. 17 N., R. 64 E., Sections 17 & 18. T. 17 N., R. 63 E., Sections 11, 13 & 14. Transmission Line (Segment 6) T. 18 N., R. 61 E., Sections 19, 20, 29, 30, 31 & 32. T. 17 N., R. 61 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 16 N., R. 61 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 15 N., R. 61 E., Sections 4, 5, 8, 9, 16, 21, 22, 27, 28, 33 & 34. T. 14 N., R. 61 E., Sections 3, 4, 9 16, 17, 20, 21, 29, 31 & 32. T. 13 N., R. 61 E., Sections 6 & 7. T. 13 N., R. 60 E., Sections 1, 11, 12, 13, 14, 22, 23, 26, 27 & 34. T. 12 N., R. 60 E., Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, 28, 33, 34 & 35. T. 11 N., R. 60 E., Sections 2, 3, 11, 12, 13, 14, 24, 25, 26, 35 & 36. T. 10 N., R. 60 E., Sections 1, 2, 11, 12, 14, 22, 23, 26, 27, 34 & 35. T. 9 N., R. 60 E., Sections 3, 9, 10, 15, 16, 21, 22, 28 & 33. T. 8 N., R. 60 E., Sections 3, 4, 9, 10, 15, 16, 21, 22, 27, 28, 33 & 34. T. 7 N., R. 60 E., Sections 3, 4, 9, 16, 21, 28 & 33. T. 6 N., R. 60 E., Sections 4, 9, 16, 21, 28 & 33. T. 5 N., R. 63 E., Sections 31 & 32. T. 5 N., R. 62 E., Sections 27, 28, 29, 30, 31, 32, 33, 34, 35 & 36. T. 5 N., R. 61 E., Sections 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 & 27. T. 5 N., R. 60 E., Sections 3, 4, 10, 11, 13, 14, 15 & 24. T. 4 N., R. 63 E., Sections 1, 2, 3, 4, 5, 6, 10, 11 & 12. T. 4 N., R. 62 E., Section 1. Transmission Line (Segment 7) T. 17 N., R. 64 E., Sections 17, 18, 19, 20, 29, 30, 31 & 32. T. 16 N., R. 64 E., Sections 5, 8, 17, 20, 29, 32 & 33. T. 15 N., R. 64 E., Sections 4, 9, 10, 14, 15, 23, 24, 25 & 36. T. 14 N., R. 65 E., Sections 18, 19, 30, 31 & 32. T. 14 N., R. 64 E., Sections 1, 12, 13, 24 & 25. T. 13 N., R. 66 E., Sections 18, 19, 20, 28, 29, 32, 33 & 34. T. 13 N., R. 65 E., Sections 4, 5, 6, 9, 10, 11, 13, 14, 15, 16 & 24. T. 12 N., R. 66 E., Sections 3, 4, 10, 15, 16, 21, 22, 27, 28, 33 & 34. T. 11 N., R. 66 E., Sections 3, 4, 9, 16, 17, 20, 21, 29, 31 & 32. T. 10 N., R. 66 E., Sections 5, 6, 7, 8, 17, 18, 20, 29, 30, 31 & 32. T. 9 N., R. 66 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 30 & 31. T. 8 N., R. 66 E., Sections 6, 7, 18 & 19. T. 8 N., R. 65 E., Sections 13, 23, 24, 25, 26, 27, 33, 34 & 35. T. 7 N., R. 65 E., Sections 3, 4, 8, 9, 17, 18, 19, 20, 30 & 31. T. 7 N., R. 64 E., Sections 25 & 36. T. 6 N., R. 65 E., Section 6. T. 6 N., R. 64 E., Sections 1, 11, 12, 13, 14, 23, 26, 34 & 35. T. 5 N., R. 64 E., Sections 2, 3, 9, 10, 15, 16, 20, 21, 29, 30, 31 & 32. T. 4 N., R. 64 E., Sections 6 & 7. T. 4 N., R. 63 E., Sections 1 & 12. Transmission Line (Segment 8) T. 4 N, R. 64 E., Sections 7, 17, 18, 19, 20, 28, 29, 32 & 33. T. 4 N., R. 63 E., Section 12. T. 3 N., R. 65 E., Section 31. T. 3 N., R. 64 E., Sections 3, 4, 9, 10, 11, 14, 15, 23, 24, 25, 26 & 36. T. 2 N., R. 65 E., Sections 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 2 N., R. 64 E., Section 1. T. 1 N., R. 65 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30 & 32. T. 6 S., R. 64 E., Sections 6 & 7. T. 6 S., R. 63 E., Sections 1, 12, 13, 14, 23, 24, 26, 34 & 35. T. 5 S., R. 64 E., Sections 4, 8, 9, 16, 17, 19, 20, 29, 30 & 31. T. 5 S., R. 63 E., Section 36. T. 4 S., R. 64 E., Sections 2, 3, 10, 11, 14, 15, 21, 22, 27, 28, 32 & 33. T. 3 S., R. 65 E., Sections 5, 6, 7, 18 & 19. T. 3 S., R. 64 E., Sections 12, 13, 24, 25, 26, 35 & 36. T. 2 S., R. 65 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 31 & 32. T. 1 S., R. 65 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 & 33. Transmission Line (Segment 9) T. 11 S., R. 62 E., Sections 1, 12, 13, 14, 23, 24, 25 & 26. T. 10 S., R. 62 E., Sections 1, 2, 11, 12, 14, 15, 22, 23, 25, 26, 35 & 36. T. 9 S., R. 62 E., Sections 2, 3, 10, 11, 14, 15, 22, 23, 26 & 35. T. 8 S., R. 63 E., Sections 5, 6, 7, 8, 18 & 19. T. 8 S., R. 62 E., Sections 13, 23, 24, 25, 26, 27, 34 & 35. T. 7 S., R. 63 E., Sections 2, 3, 9, 10, 15, 16, 21, 28, 29 32 & 33. T. 6 S., R. 63 E., Sections 34 & 35. Transmission Line (Segment 10) T. 11 S., R. 64 E., Sections 5, 6 & 7. T. 11 S., R. 63 E., Sections 11, 12, 14, 15, 16, 17, 19, 20 & 21. T. 11 S., R. 62 E., Section 24. T. 10 S., R. 65 E., Section 6. T. 10 S., R. 64 E., Sections 1, 11, 12, 14, 15, 21, 22, 28, 32 & 33. T. 9 S., R. 65 E., Sections 3, 10, 15, 16, 21, 22, 28, 29, 31 & 32. T. 8 S., R. 65 E., Sections 4, 5, 9, 16, 21, 28 & 33. T. 7 S., R. 65 E., Sections 31 & 32. T. 7 S., R. 64 E., Sections 7, 17, 18, 20, 21, 22, 25, 26, 27 & 36. T. 7 S., R. 63 E., Sections 1, 2 & 12. T. 6 S., R. 63 E., Section 35. Transmission Line (Segment 11) T. 17 S., R. 64 E., Sections 7, 18 & 19. T. 17 S., R. 63 E., Sections 12, 13, 24, 25, 26, 35 & 36. T. 16 S., R. 63 E., Sections 3, 10, 14, 15, 22, 23, 25, 26, 35 & 36. T. 15 S., R. 63 E., Sections 3, 10, 15, 22, 27 & 34. T. 14 S., R. 63 E., Sections 3, 4, 9, 10, 15, 22, 27 & 34. T. 13 S., R. 63 E., Sections 5, 8, 16, 17, 20, 21, 27, 28, 29, 33 & 34. T. 13.2 S., R. 63 E., Sections 33 & 34. T. 12 S., R. 63 E., Sections 6, 7, 17, 18, 19, 20, 29, 30, 31 & 32. T. 12 S., R. 62 E., Section 1. T. 11 S., R. 63 E., Section 31. T. 11 S., R. 62 E., Sections 24, 25, 26 & 36. Electric Substations T. 24 N., R. 64 E., Section 22. T. 19 N., R. 64 E., Sections 20, 21, 28 & 29. T. 18 N., R. 61 E., Section 18, 19, & 20. T.17 S., R. 63 E., Sections 25,35 & 36 (Harry Allen). & Access Roads T. 24 N., R. 64 E., Sections 22 & 23. T. 19 N., R. 64 E., Section 27, 28 & 29. T. 18 N., R. 61 E., Sections 18 & 19. Well Field and/or Water Supply Pipeline

(SSV)T. 21 N., R. 61 E., Sections 26, 27, 28, 29, 31, 32, 33 & 34. T. 20 N., R. 62 E., Sections 30, 31 & 32. T. 20 N., R. 61 E., Sections 3, 4, 9, 10, 11, 14, 15, 23, 24 & 25. T. 19 N., R. 64 E., Sections 19 & 20. T. 19 N., R. 63 E., Sections 24, 25 & 36. T. 19 N., R. 62 E., Sections 4, 5, 6, 7, 8, 9, 15, 16, 21, 22, 27, 28 & 34. T. 19 N., R. 61 E., Sections 1, 11, 12, 13, 14, 15, 21, 22, 23, 27, 28, 29, 32 & 33. T. 18 N., R. 63 E., Sections 1, 11, 12, 13, 14, 24, 25, 30, 31, 35 & 36. T. 18 N., R. 62 E., Sections 2, 3, 10, 11, 13, 14, 23, 24, 25 & 36. T. 18 N., R. 61 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 20. T. 18 N., R. 60 E., Sections 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 & 24. T. 17 N., R. 63 E., Sections 2, 3, 5, 6, 8, 9 & 10. T. 17 N., R. 61 E., Sections 6, 7, 18, 19, 30 & 31. T. 16 N., R. 61 E., Sections 6, 7, 18, 19, 30, 31 & 32. T. 15 N., R. 61 E., Sections 5, 6, 7 & 8. T. 15 N., R. 60 E., Sections 12, 13 & 14. Well Field and/or Water Supply Pipeline (SSV)—Alternative 1 T. 21 N., R. 61 E., Sections 31 & 32. T. 20 N., R. 63 E., Sections 17, 18, 20, 21, 22, 26, 27, 28, 35 & 36. T. 20 N., R. 62 E., Sections 13, 14, 19, 20, 21, 22, 23, 24, 28, 29 & 30. T. 20 N., R. 61 E., Sections 3, 4, 10, 11, 13, 14, 15 & 24. T. 19 N., R. 64 E., Sections 7, 8, 17 & 18. T. 19 N., R. 63 E., Sections 1, 12 & 13. Well Field and/or Water Supply Pipeline (SSV)—Alternative 2 T. 19 N., R. 64 E., Sections 21, 22, 23, 24, 25 & 26. Well Field and/or Water Supply Pipeline

(NSV)T. 24 N., R. 64 E., Sections 19, 20 & 21. T. 24 N., R. 63 E., Sections 23, 24, 25, 26 & 35. T. 23 N., R. 63 E., Sections 2, 10, 11, 14, 15, 18, 19, 20, 21 & 22. T. 23 N., R. 62 E., Sections 13, 14, 15, 22, 23, 27 & 34. T. 22 N., R. 62 E., Sections 3, 10, 15, 16, 20, 21, 29, 31 & 32. T. 21 N., R. 62 E., Section 6. T. 21 N., R. 61 E., Sections 1, 11, 12, 14, 15, 21, 22, 26, 27, 28, 29, 31, 32, 33 & 34. T. 20 N., R. 62 E., Sections 30, 31 & 32. T. 20 N., R. 61 E., Sections 3, 4, 9, 10, 11, 14, 15, 23, 24 & 25. T. 19 N., R. 62 E., Sections 5, 6 & 7. T. 19 N., R. 61 E., Sections 1, 11, 12, 13, 14, 15, 21, 22, 23, 27, 28, 29, 32 & 33. T. 18 N., R. 61 E., Sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 & 32. T. 18 N., R. 60 E., Sections 8, 9, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 & 24. T. 17 N., R. 61 E., Sections 6, 7, 18, 30 & 31. T. 16 N., R. 61 E., Sections 6, 7, 18, 19, 30, 31 & 32. T. 15 N., R. 61 E., Sections 5, 6, 7 & 8. T. 15 N., R. 60 E., Sections 12, 13 & 14. Well Field and/or Water Supply Pipeline (NSV)—Alternative 1 T. 24 N., R. 64 E., Sections 22, 23, 27, 33 & 34. T. 23 N., R. 64 E., Sections 4, 9, 16, 21, 28 & 33. T. 22 N., R. 64 E., Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29 & 33. T. 21 N., R. 64 E., Sections 4, 5, 8, 9, 17, 20, 29 & 32. T. 20 N., R. 64 E., Sections 3, 10, 15, 22, 27 & 34. T. 20 N., R. 64 E., Sections 3, 10, 15, 22, 23, 24, 25 & 26. *Public Scoping Meetings:* Public scoping meetings are planned at four locations. The meetings will provide the public an opportunity to present comments or issues that will be addressed in the EIS. The meetings will be held in an “open house format” beginning at 5 p.m. and ending at 8 p.m. Dates and locations for the public scoping meetings and will be provided through press releases. *Public Input Requested:* Comments concerning the Proposed Action and EIS should address issues to be considered, feasible alternatives to examine, possible mitigation, and information relevant to or having a bearing on the Proposed Action. Dated: January 18, 2007. John F. Ruhs, Field Manager. [FR Doc. E7-1175 Filed 1-25-07; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-200-1120-PH] Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Interior. ACTION: Notice of February Resource Advisory Council Meeting to be Held in Twin Falls District, Idaho. SUMMARY: This notice announces the intent to hold a Resource Advisory Council

(RAC)meeting in the Twin Falls District of Idaho on Tuesday, February 27, 2007. The meeting will be held at the Shilo Inn, 1586 Blue Lakes Boulevard, in Twin Falls, Idaho. SUPPLEMENTARY INFORMATION: The Twin Falls District Resource Advisory Council consists of the standard fifteen members residing throughout south central Idaho. Meeting agenda items will include updates on the Jarbidge Field Office RMP effort, recreation fee efforts in partnership with the Forest Service and more. FOR FURTHER INFORMATION CONTACT: Sky Buffat, Twin Falls District, Idaho, 400 West F Street, Shoshone, Idaho 83352,

(208)732-7307. Dated: January 18, 2007. Howard Hedrick, Twin Falls District Manager. [FR Doc. E7-1223 Filed 1-25-07; 8:45 am] BILLING CODE 4310-GG-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [(NM-921-1310-07); (NMNM 108883)] Notice of Proposed Reinstatement of Terminated Oil and Gas Lease NMNM 108883 AGENCY: Bureau of Land Management, Interior. ACTION: Notice of reinstatement of terminated oil and gas lease. SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management

(BLM)received a petition for reinstatement of oil and gas lease NMNM 108883 from the lessee, Coulthurst Management & Investment, Inc., for lands in Sandoval County, New Mexico. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bernadine T. Martinez, BLM, New Mexico State Office, at

(505)438-7530. SUPPLEMENTARY INFORMATION: No lease has been issued that affect the lands. The lessee agrees to new lease terms for rentals and royalties of $20.00 per acre or fraction thereof, per year, and 18 2/3 percent, respectively. The lessee paid the required $500.00 administrative fee for the reinstatement of the lease and $166.00 cost for publishing this Notice in the **Federal Register** . The lessee met all the requirements for reinstatement of the lease as set out in Sections 31(d) and

(e)of the Mineral Leasing Act of 1920 (30 U.S.C. 188). We are proposing to reinstate lease NMNM 108883, effective the date of termination, September 1, 2006, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. Dated: January 23, 2007. Bernadine T. Martinez, Land Law Examiner. [FR Doc. E7-1287 Filed 1-25-07; 8:45 am] BILLING CODE 4310-FB-P INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-895 (Review)] Pure Magnesium From China AGENCY: United States International Trade Commission. ACTION: Scheduling of an expedited five-year review concerning the antidumping duty order on pure magnesium from China. SUMMARY: The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on pure magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review 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, D, E, and F (19 CFR part 207). DATES: *Effective Date:* January 5, 2007. 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 this review may be viewed on the Commission's electronic docket

(EDIS)at *http://edis.usitc.gov.* SUPPLEMENTARY INFORMATION: *Background.* On January 5, 2007, the Commission determined that the domestic interested party group response to its notice of institution (71 FR 58001, October 2, 2006) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. 1 The Commission did not find any other circumstances that would warrant conducting a full review. 2 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Act. 3 1 Commissioner Jennifer A. Hillman found both the domestic interested party group response and the respondent interested party group response to be inadequate. 2 A record of the Commissioners' votes, the Commission's statement on adequacy, and any individual Commissioner's statements will be available from the Office of the Secretary and at the Commission's Web site. 3 Chairman Daniel R. Pearson and Commissioner Deanna Tanner Okun dissenting. *Staff report.* A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on February 1, 2007, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission's rules. *Written submissions.* As provided in section 207.62(d) of the Commission's rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution, 4 and any party other than an interested party to the review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before February 6, 2007 and may not contain new factual information. Any person that is neither a party to the five-year review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by February 6, 2007. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce's final results is three business days after the issuance of Commerce's results. If comments contain business proprietary information (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). 4 The Commission has found the response submitted by U.S. Magnesium LLC to be individually adequate. Comments from other interested parties will not be accepted ( *see* 19 CFR 207.62(d)(2)). In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (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: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules. By order of the Commission. Issued: January 23, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-1286 Filed 1-25-07; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Investigation No. 332-483] Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2006 Review AGENCY: United States International Trade Commission. ACTION: Institution of investigation and scheduling of hearing. DATES: *Effective Date:* January 18, 2007. SUMMARY: Following receipt on January 11, 2007 of a request from the United States Trade Representative

(USTR)under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332 (g)), the Commission instituted investigation No. 332-483, *Advice Concerning Possible Modifications to the U.S. Generalized System of Preferences, 2006 Review.* FOR FURTHER INFORMATION CONTACT: Information may be obtained from Cynthia B. Foreso, Project Leader, Office of Industries (202-205-3348 or *cynthia.foreso@usitc.gov* ) or Falan Yinug, Deputy Project Leader, Office of Industries (202-205-2160 or *falan.yinug@usitc.gov* ). For more information on legal aspects of the investigation, contact William Gearhart of the Commission's Office of the General Counsel at 202-205-3091 or *william.gearhart@usitc.gov.* The media should contact Margaret O'Laughlin, Office of External Relations at 202-205-1819 or *margaret.olaughlin@usitc.gov.* *Background:* As requested by the USTR, in accordance with section 503(d)(1)(A), of the Trade Act of 1974, as amended (1974 Act), the Commission will provide advice on whether any industry in the United States is likely to be adversely affected by a waiver of the competitive need limits specified in section 503(c)(2)(A) of the 1970 Act for Argentina for HTS subheadings 2836.91.00 and 7202.99.20; Brazil for HTS subheadings 7403.11.00 and 7408.11.60; India for HTS subheadings 2001.10.00, 5703.10.20, and 8528.12.80; and Thailand for HTS subheading 4011.20.10. With respect to the competitive need limit in section 503(c)(2)(A)(i)(I) of the 1974 Act, the Commission, as requested, will use the dollar value limit of $125 million. In an addendum received on January 17, 2007, the USTR also requested that this advice include the effect of such waivers on consumers. As requested by the USTR, the Commission will provide its advice no later than April 11, 2007. The USTR indicated that those sections of the Commission's report and related working papers that contain the Commission's advice will be classified. *Public Hearing:* A public hearing in connection with this investigation will be held beginning at 9:30 a.m. on February 22, 2007, at the United States International Trade Commission Building, 500 E Street SW, Washington, DC. All persons have the right to appear by counsel or in person, to present information, and to be heard. Persons wishing to appear at the public hearing should file a letter with the Secretary, United States International Trade Commission, 500 E St., SW, Washington, DC 20436, not later than the close of business (5:15 p.m.) on February 5, 2007, in accordance with the requirements in the “Submissions” section below. *Written Submissions:* In lieu of or in addition to participating in the hearing, interested parties are invited to submit written statements or briefs concerning these investigations. All written submissions, including requests to appear at the hearing, statements, and briefs, should be addressed to the Secretary, United States International Trade Commission, 500 E Street SW, Washington, DC 20436. Any prehearing statements or briefs should be filed not later than 5:15 p.m., February 8, 2007; the deadline for filing posthearing statements or briefs is 5:15 p.m., February 27, 2007. All written submissions must conform with the provisions of section 201.8 of the *Commission's Rules of Practice and Procedure* (19 CFR. 201.8). Section 201.8 of the rules requires that a signed original (or a copy designated as an original) and fourteen

(14)copies of each document be filed. In the event that confidential treatment of the document is requested, at least four

(4)additional copies must be filed, in which the confidential information must be deleted (see the following paragraph for further information regarding confidential business information). The Commission's rules do not authorize filing submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, *ftp://ftp.usitc.gov/pub/reports/electronic_filing_handbook.pdf* ). Any submissions that contain confidential business information must also conform with the requirements of section 201.6 of the *Commission's Rules of Practice and Procedure* (19 CFR. 201.6). Section 201.6 of the rules requires that the cover of the document and the individual pages be clearly marked as to whether they are the “confidential” or “nonconfidential” version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of these investigations in the report it sends to the USTR. As requested by the USTR, the Commission will publish a public version of the report, which will exclude portions of the report that the USTR has classified as confidential as well as any confidential business information. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Secretary at 202-205-2000. By order of the Commission. Issued: January 22, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-1283 Filed 1-25-07; 8:45 am] BILLING CODE 7020-02-P NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Review; Comment Request AGENCY: National Credit Union Administration (NCUA). ACTION: Request for comment. SUMMARY: The NCUA intends to submit the following information collection to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. DATES: Comments will be accepted until March 27, 2007. ADDRESSES: Interested parties are invited to submit written comments to NCUA Clearance Officer listed below: *Clearance Officer:* Mr. Neil McNamara, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, Fax No. 703-837-2861, *E-mail: mcnamara@ncua.gov.* *OMB Desk Officer:* Mr. Mark Menchik, Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725-17th Street, NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Requests for additional information or a copy of the information collection request, should be directed to Tracy Sumpter at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at

(703)518-6444. SUPPLEMENTARY INFORMATION: Proposal for the following collection of information: *OMB Number:* 3133-0168. *Form Number:* N/A. *Type of Review:* Extension of a currently approved collection. *Title:* Maximum Borrowing Authority, 12 CFR 741.2. *Description:* The collection of information requirement is for those federally insured state-chartered credit unions seeking a waiver from the maximum borrowing limitation of 50% of paid-in and unimpaired capital and surplus. *Respondents:* Credit unions. *Estimated No. of Respondents/Record keepers:* 2. *Estimated Burden Hours per Response:* 8 hours. *Frequency of Response:* Reporting, and on occasion. *Estimated Total Annual Burden Hours:* 16 hours. *Estimated Total Annual Cost:* $0.00. By the National Credit Union Administration Board on January 22, 2007. Mary Rupp, Secretary of the Board. [FR Doc. E7-1261 Filed 1-25-07; 8:45 am] BILLING CODE 7535-01-P NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Review; Comment Request AGENCY: National Credit Union Administration (NCUA). ACTION: Request for comment. SUMMARY: The NCUA intends to submit the following information collection to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. DATES: Comments will be accepted until March 27, 2007. ADDRESSES: Interested parties are invited to submit written comments to NCUA Clearance Officer listed below: *Clearance Officer:* Mr. Neil McNamara, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861, *E-mail: _OCIOmail@ncua.gov* . FOR FURTHER INFORMATION CONTACT: Requests for additional information or a copy of the information collection request, should be directed to Tracy Sumpter at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at

(703)518-6444. SUPPLEMENTARY INFORMATION: Proposal for the following collection of information: *Title:* Federal Credit Union

(FCU)Recordkeeping of Meeting Minutes and Other Documents. *OMB Number:* 3133-0057. *Form Number:* None. *Type of Review:* Reinstatement, without change, of a previously approved collection. *Description:* The Federal Credit Union

(FCU)Act and NCUA's FCU Bylaws require each FCU to prepare and maintain minutes of its board and member meetings and copies of other documents and election results. Additionally, the board's secretary must inform the NCUA Board of any address change of a federal credit union. *Respondents:* Federal credit unions. *Estimated No. of Respondents/Recordkeepers:* 5,572. *Estimated Burden Hours per Response:* 3.25 hours. *Frequency of Response:* Recordkeeping and reporting on occasion and annually. *Estimated Total Annual Burden Hours:* 19,223.4 hours. *Estimated Total Annual Cost:* N/A. By the National Credit Union Administration Board on January 22, 2007. Mary Rupp, Secretary of the Board. [FR Doc. E7-1262 Filed 1-25-07; 8:45 am] BILLING CODE 7535-01-P NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Submission to OMB for Reinstatement; Comment Request AGENCY: National Credit Union Administration (NCUA). ACTION: Request for comment. SUMMARY: The NCUA intends to submit the following information collection to the Office of Management and Budget

(OMB)for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public. DATES: Comments will be accepted until March 27, 2007. ADDRESSES: Interested parties are invited to submit written comments to NCUA Clearance Officer listed below: *Clearance Officer:* Mr. Neil McNamara, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428, Fax No. 703-837-2861, *E-mail:* *mcnamara@ncua.gov* . FOR FURTHER INFORMATION CONTACT: Requests for additional information or a copy of the information collection request, should be directed to Tracy Sumpter at the National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, or at

(703)518-6444. SUPPLEMENTARY INFORMATION: Proposal for the following collection of information: *Title:* Application of a State Chartered Credit Union for Insurance of Accounts. *OMB Number:* 3133-0011. *Form Number:* NCUA 9600. *Type of Review:* Reinstatement, without change, of a previously approved collection. *Description:* Section 201 of the Federal Credit Union Act (12 U.S.C. 1781) requires state-chartered credit unions desiring federal insurance to submit an application. The requirement also applies to federal credit unions converting to state charters and desiring federal insurance. *Respondents:* State chartered credit unions and federal credit unions converting to state charter that desire federal insurance of member accounts. *Estimated No. of Respondents/Recordkeepers:* 15. *Estimated Burden Hours per Response:* 3.6 hours. *Frequency of Response:* Reporting. Upon application for federal insurance. *Estimated Total Annual Burden Hours:* 54 hours. *Estimated Total Annual Cost:* N/A. By the National Credit Union Administration Board on January 22, 2007. Mary Rupp, Secretary of the Board. [FR Doc. E7-1263 Filed 1-25-07; 8:45 am] BILLING CODE 7535-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that a meeting of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference from the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending time is approximate): *National Initiatives (application review):* February 22, 2007. This meeting, from 2 p.m. to 3 p.m., will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of April 8, 2005, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202/682-5691. Dated: January 22, 2007. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E7-1268 Filed 1-25-07; 8:45 am] BILLING CODE 7537-01-P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts; Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that a meeting of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference from the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending time is approximate): *State & Regional* (Regional Partnership Agreement application review): February 6, 2007. This meeting, from 4 p.m. to 5 p.m. eastern standard time, will be open. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of April 8, 2005, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code. Any person may observe meetings, or portions thereof, of advisory panels that are open to the public, and if time allows, may be permitted to participate in the panel's discussions at the discretion of the panel chairman. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, 202/682-5532, TDY-TDD 202/682-5496, at least seven

(7)days prior to the meeting. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC, 20506, or call 202/682-5691. Dated: January 23, 2007. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. E7-1342 Filed 1-25-07; 8:45 am] BILLING CODE 7537-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Nuclear Waste; Notice of Meeting The Advisory Committee on Nuclear Waste

(ACNW)will hold its 176th meeting on February 13-15, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. The schedule for this meeting is as follows: Tuesday, February 13, 2007 ACNW Working Group on the Igneous Activity White Paper

(Open)Day 1: Discussion of the Nature and Probability of Igneous Activity *8:30 a.m.-8:45 a.m.: Opening Remarks and Introductions* (Open)—The ACNW Chairman will make opening remarks regarding the conduct of today's sessions. ACNW Member Dr. Bill Hinze will provide an overview of the first day of the Working Group Meeting, including the meeting purpose, scope, anticipated results, and introduce invited subject matter experts. *8:45 a.m.-5:30 p.m.:* Representatives from University of Bristol, England, Battelle Corporation, University of South Florida, University of Nevada-Las Vegas, NRC staff and Department of Energy—Yucca Mountain Project Operations

(YMPO)will discuss the global view of igneous activity and general challenges associated with estimating volcanism recurrence and the current state of the science. During this Session, panel discussions by Committee members and invited subject matter experts will take place. Wednesday, February 14, 2007 ACNW Working Group on the Igneous Activity White Paper

(Open)Day 2: Discussion of Consequences of Igneous Activity *8:30 a.m.-8:45 a.m.: Opening Remarks and Introductions* —The ACNW Chairman will make opening remarks regarding the conduct of today's sessions. ACNW Member Dr. Bill Hinze will provide an overview of the second day of the Working Group Meeting, including the meeting purpose, scope, anticipated results, and introduce invited subject matter experts. *8:45 a.m.-5:45 p.m.:* Representatives from Johns Hopkins University, University of California-Los Angeles, NRC staff, University of Utah, Clark County, Nevada, and Electric Power Research Institute

(EPRI)will discuss magma/repository/canister processes in both eruptive and intrusive scenarios and implication for risk from igneous activity at the proposed Yucca Mountain repository. During this Session, panel discussions by the Committee members and invited subject matter experts will take place. A round table wrap up discussion will follow, when all participants will be able to provide their comments. Committee members will discuss their impressions of the WGM and a possible letter report to the Commission. Thursday, February 15, 2007 *10 a.m.-10:05 a.m.: Opening Remarks by the ACNW Chairman* (Open)—The Chairman will make opening remarks regarding the conduct of today's sessions. *10:05 a.m.-11 a.m.: Savannah River National Laboratory

(SRNL)Workshop on Cementitious Materials Used in Waste Determination Activities* (Open)—The Committee will be briefed by a representative from Penn State University on the SRNL workshop on cementitious materials for waste treatment, disposal, remediation and decommissioning, which was held in Aiken, SC on December 12-14, 2006. *11 a.m.-12 p.m.: Semi-Annual Briefing by the Office of Federal and State Materials and Environmental Management Programs (FSME)* (Open)—The FSME Office and Division Directors will brief the Committee on recent and future activities of interest within their respective programs. *1 p.m.-2:30 p.m.: Briefing on International Conferences on Decommissioning and Low Level Waste Subjects* (Open/Closed)—FSME representatives will brief the Committee on their participation in

(1)The International Conference on Lessons Learned from the Decommissioning of Nuclear Facilities and the Safe Termination of Nuclear Activities, December 2006, Athens, Greece and

(2)a Technical Meeting on a Safety Guide on Classification of Radioactive Waste at the IAEA, in November and December 2006 , Vienna, Austria. [ **Note:** A portion of the session briefing may be closed to discuss IAEA confidential information.] *2:45 p.m.-3:45 p.m.: Possible use of Moderator Exclusion for Transportation Packages* (Open)—Representatives from the NRC Office of Nuclear Materials Safety and Safeguards (NMSS), Division of Spent Fuel Storage and Transportation (SFST), will brief the Committee on preliminary views surrounding the development of a Commission Paper addressing both technical and regulatory issues for allowing Moderator Exclusion for transportation packages. *4 p.m.-5:30 p.m.: Miscellaneous* (Open)—The Committee will discuss matters related to the conduct of ACNW activities and specific issues that were not completed during previous meetings, as time and availability of information permit. Discussions may include the ACNW Action Plan as well as future Committee Meetings. Procedures for the conduct of and participation in ACNW meetings were published in the **Federal Register** on October 12, 2006 (71 FR 60196). In accordance with these procedures, oral or written statements may be presented by members of the public. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Persons desiring to make oral statements should notify Mr. Antonio F. Dias (Telephone 301-415-6805), between 8:15 a.m. and 5 p.m. ET, as far in advance as practicable so that appropriate arrangements can be made to schedule the necessary time during the meeting for such statements. Use of still, motion picture, and television cameras during this meeting will be limited to selected portions of the meeting as determined by the ACNW Chairman. Information regarding the time to be set aside for taking pictures may be obtained by contacting the ACNW office prior to the meeting. In view of the possibility that the schedule for ACNW meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should notify Mr. Dias as to their particular needs. In accordance with Subsection 10(d) Pub. L. 92-463, I have determined that it may be necessary to close a portion of this meeting noted above to discuss IAEA confidential information pursuant to 5 U.S.C. 552b(c)(4). Further information regarding topics to be discussed, whether the meeting has been canceled or rescheduled, the Chairman's ruling on requests for the opportunity to present oral statements and the time allotted, therefore can be obtained by contacting Mr. Dias. ACNW meeting agenda, meeting transcripts, and letter reports are available through the NRC Public Document Room

(PDR)at *pdr@nrc.gov,* or by calling the PDR at 1-800-397-4209, or from the Publicly Available Records System component of NRC's document system (ADAMS) which is accessible from the NRC Web site at *http://www.nrc.gov/reading-rm/adams.html* or *http://www.nrc.gov/reading-rm/doc-collections/* (ACRS & ACNW Mtg schedules/agendas). Video Teleconferencing service is available for observing open sessions of ACNW meetings. Those wishing to use this service for observing ACNW meetings should contact Mr. Theron Brown, ACNW Audiovisual Technician (301-415-8066), between 7:30 a.m. and 3:45 p.m. ET, at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. Dated: January 22, 2007. Andrew L. Bates, Advisory Committee Management Officer. [FR Doc. E7-1266 Filed 1-25-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF PERSONNEL MANAGEMENT Proposed Collection; Comment Request for Information Collection: SF-15 Application for 10-Point Veteran Preference AGENCY: Office of Personnel Management. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management

(OPM)plans to submit to the Office of Management and Budget

(OMB)a request for clearance of an expiring information collection, Standard Form

(SF)15, Application for 10-Point Veteran Preference. The Application for 10-Point Veteran Preference (SF 15) is used by agencies, OPM examining offices, and agency appointing officials to adjudicate individuals' claims for veterans' preference in accordance with the Veterans' Preference Act of 1944. Approximately 11,252 forms are completed annually. Each form takes approximately 10 minutes to complete. The annual estimated burden is 1,875 hours. OPM invites comments on: whether this information is necessary for OPM to properly perform its functions; whether the information will have practical utility; whether OPM's estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways in which OPM can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: We will consider comments received on or before 60 calendar days from the date of this publication: January 26, 2007. For copies of this proposal, contact Mary Beth Smith-Toomey on

(202)606-8358, Fax

(202)418-3251 or e-mail to *mbtoomey@opm.gov.* Please be sure to include a mailing address with your request. ADDRESSES: Send or deliver written comments to: Mark E. Doboga, Deputy Associate Director, Center for Talent and Capacity, U.S. Office of Personnel Management, 1900 E. Street, NW., Room 6551, Washington, DC 20415. For Administrative Coordination Contact: Scott A. Wilander by telephone at

(202)606-0960; by fax at

(202)606-0390; TTY at

(202)606-3134; or by e-mail at *sxwilander@opm.gov.* Office of Personnel Management. Tricia Hollis, Chief of Staff, & Director of External Affairs. [FR Doc. E7-1221 Filed 1-25-07; 8:45 am] BILLING CODE 6325-39-P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 27669; 812-13308] American Capital Strategies, Ltd.; Notice of Application January 19, 2007. AGENCY: Securities and Exchange Commission (the “Commission”). ACTION: Notice of an application for an order under section 61(a)(3)(B) of the Investment Company Act of 1940 (the “Act”). *Summary of Application:* Applicant, American Capital Strategies, Ltd., requests an order approving a proposal to grant certain stock options to directors who are not also employees or officers of the applicant (the “Non-employee Directors”) under its 2006 Stock Option Plan (the “Plan”). *Filing Dates:* The application was filed on June 2, 2006 and amended on January 19, 2007. *Hearing or Notification of Hearing:* An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicant with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on February 15, 2007, and should be accompanied by proof of service on applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary. ADDRESSES: Secretary, U.S. Securities and Commission, 100 F Street, NE., Washington, DC 20549-1090; Applicant, 2 Bethesda Metro Center, 14th Floor, Bethesda, Maryland, 20814. FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at

(202)551-6873, or Nadya B. Roytblat, Assistant Director, at

(202)551-6821 (Division of Investment Management, Office of Investment Company Regulation). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application is available for a fee at the Public Reference Desk, U.S. Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-0102 (telephone 202-551-5850). Applicant's Representations 1. Applicant, a Delaware corporation, is a business development company (“BDC”) within the meaning of section 2(a)(48) of the Act. 1 Applicant's primary business objectives are to increase its net operating income and net asset value by investing its assets in senior debt, subordinated debt, with and without detachable warrants, and equity of small to medium sized businesses with attractive current yields and potential for equity appreciation. Applicant's investment decisions are either made by its board of directors (the “Board”), based on recommendations of an investment committee comprised of senior officers of applicant, or, for investments that meet certain objective criteria established by the Board, by the executive officers of applicant, under authority delegated by the Board. Applicant does not have an external investment adviser within the meaning of section 2(a)(20) of the Act. 1 Section 2(a)(48) defines a BDC to be any closed-end investment company that operates for the purpose of making investments in securities described in sections 55(a)(1) through 55(a)(3) of the Act and makes available significant managerial assistance with respect to the issuers of such securities. 2. Applicant requests an order under section 61(a)(3)(B) of the Act approving its proposal to grant certain stock options under the Plan to its Non-employee Directors. 2 Applicant has a nine member Board. Six of the seven current members of the Board are not “interested persons” (as defined in section 2(a)(19) of the Act) of the applicant (“Disinterested Directors”). 3 The Board approved the Plan at a meeting held on March 23, 2006 and amended the Plan at meetings held on April 6, 2006 and December 7, 2006. Applicant's stockholders approved the Plan at the annual meeting of stockholders held on May 11, 2006. 2 The Non-employee Directors receive a $75,000 per year retainer payment and $2,500 for each Board or committee meeting attended, and reimbursement for related expenses. Additionally, under the terms of a disinterested director retention plan that applicant established in 2006, Non-employee Directors are generally entitled to receive a payment upon termination of service as a director equal to a multiple of the number of years of service as a Non-employee Director and the retainer payment then in effect. 3 The Board presently has two vacancies. All of the Non-employee Director are Disinterested Directors. 3. Applicant's officers and employees, and Non-employee Directors are eligible to receive options under the Plan. Under the Plan, a maximum of 320,000 shares of applicant's common stock, in the aggregate, may be issued to Non-employee Directors and 40,000 shares of applicant's common stock may be issued to any one Non-employee Director. Each of the six Non-employee Directors serving on the Board as of May 11, 2006 will be granted options to purchase 40,000 shares of applicant's common stock (the “Initial Grants”) on the date that the Commission issues an order on the application (“Order Date”). The options issued under the Initial Grants will vest in three equal parts on each of the first three anniversaries of May 11, 2006. Any person who becomes a Non-employee Director after May 11, 2006 will be entitled to receive options to purchase 40,000 shares of applicant's common stock (the “Other Grants”) on the later of the date such person becomes a Non-employee Director and the Order Date. The options issued under the Other Grants will vest in three equal parts on each of the first three anniversaries of the date such person becomes a Non-employee Director. 4. Under the terms of the Plan, the exercise price of an option will not be less than 100% of the current market value of, or if no such market value exists, the current net asset value per share of, applicant's common stock on the date of the issuance of the option. 4 Options granted under the Plan will expire ten years from the date of grant and may not be assigned or transferred other than by will or the laws of descent and distribution. In the event of the death or disability of a Non-employee Director during such director's service, all such director's unexercised options will immediately become exercisable and may be exercised for a period of three years following the date of death (by such director's personal representative) or one year following the date of disability, but in no event after the respective expiration dates of such options. In the event of the termination of a Non-employee Director for cause, any unexercised options will terminate immediately. If a Non-employee Director's service is terminated for any reason other than by death, disability, or for cause, the options may be exercised within one year immediately following the date of termination, but in no event later than the expiration date of such options. 4 Under the Plan, “current market value” (defined as “fair market value”) is generally the closing sales price of applicant's shares as quoted on the Nasdaq Stock Market, or alternatively, on the exchange where applicant's shares are traded, on the day the option is granted. 5. Applicant's officers and employees are eligible or have been eligible to receive options under applicant's six other stock option plans under which Non-employee Directors are not entitled to participate (the “Employee Plans”). The remaining 16,990,212 shares of applicant's common stock subject to issuance to officers and employees under the Employee Plans and the Plan represent 11.5% of the 147,613,188 shares of applicant's common stock outstanding as of December 31, 2006. Non-employee Directors are eligible or have been eligible to participate in applicant's Disinterested Director stock option plans (together with the Employee Plans, the “Other Plans”) under which 225,000 shares of applicant's common stock remain for issuance, representing 0.2% of shares of applicant's common stock outstanding as of December 31, 2006. The 320,000 shares of applicant's common stock that may be issued to Non-employee Directors under the Plan represent 0.2% of shares of applicant's common stock outstanding as of December 31, 2006. Therefore, the maximum number of applicant's voting securities that would result from the exercise of all outstanding options issued and all options issuable to directors, officers, and employees under the Other Plans and the Plan would be 17,535, 212 shares of applicant's common stock, or approximately 11.9% of shares of applicant's common stock outstanding as of December 31, 2006. Applicant has no outstanding warrants, options, or rights to purchase its voting securities, other than the options granted or to be granted to its directors, officers, and employees under the Other Plans and the Plan. Applicant's Legal Analysis 1. Section 63(3) of the Act permits a BDC to sell its common stock at a price below current net asset value upon the exercise of any option issued in accordance with section 61(a)(3). Section 61(a)(3)(B) provides, in pertinent part, that a BDC may issue to its non-employee directors options to purchase its voting securities pursuant to an executive compensation plan, provided that:

(a)The options expire by their terms within ten years;

(b)the exercise price of the options is not less than the current market value of the underlying securities at the date of the issuance of the options, or if no market exists, the current net asset value of the voting securities;

(c)the proposal to issue the options is authorized by the BDC's shareholders, and is approved by order of the Commission upon application;

(d)the options are not transferable except for disposition by gift, will or intestacy;

(e)no investment adviser of the BDC receives any compensation described in section 205(a)(1) of the Investment Advisers Act of 1940, except to the extent permitted by clause (b)(1) or (b)(2) of that section; and

(f)the BDC does not have a profit-sharing plan as described in section 57(n) of the Act. 2. In addition, section 61(a)(3) provides that the amount of the BDC's voting securities that would result from the exercise of all outstanding warrants, options, and rights at the time of issuance may not exceed 25% of the BDC's outstanding voting securities, except that if the amount of voting securities that would result from the exercise of all outstanding warrants, options, and rights issued to the BDC's directors, officers, and employees pursuant to an executive compensation plan would exceed 15% of the BDC's outstanding voting securities, then the total amount of voting securities that would result from the exercise of all outstanding warrants, options, and rights at the time of issuance will not exceed 20% of the outstanding voting securities of the BDC. 3. Applicant represents that its proposal to grant certain stock options to Non-employee Directors under the Plan meets all the requirements of section 61(a)(3)(B). Applicant states that the Board is actively involved in the oversight of applicant's affairs and that it relies extensively on the judgment and experience of its Board. In addition to their duties as Board members generally, applicant states that the Non-employee Directors provide guidance and advice on operational issues, underwriting policies, credit policies, asset valuation and strategic direction, as well as serving on committees. Applicant believes that the availability of options under the Plan will provide significant at-risk incentives to Non-employee Directors to remain on the Board and devote their best efforts to ensure applicant's success. Applicant states that the options will provide a means for the Non-employee Directors to increase their ownership interests in applicant, thereby ensuring close identification of their interests with those of applicant and its stockholders. Applicant asserts that by providing incentives such as options, applicant will be better able to maintain continuity in the Board's membership and to attract and retain the highly experienced, successful and dedicated business and professional people who are critical to applicant's success as a BDC. 4. Applicant states that the maximum amount of voting securities that would result from the exercise of all outstanding options issued to the directors, officers, and employees under the Other Plans and the Plan would be 14,258,728 shares of applicant's common stock, or approximately 9.7% of applicant's shares of common stock outstanding as of December 31, 2006, which is below the percentage limitations in the Act. Applicant asserts that, given the relatively small amount of common stock issuable to Non-employee Directors upon their exercise of options under the Plan, the exercise of such options would not, absent extraordinary circumstances, have a substantial dilutive effect on the net asset value of applicant's common stock. For the Commission, by the Division of Investment Management, pursuant to delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1228 Filed 1-25-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55145; File No. S7-966] Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Notice of Filing of Amendment to the Plan for the Allocation of Regulatory Responsibilities Among the American Stock Exchange, LLC, the Boston Stock Exchange, Inc., the Chicago Board Options Exchange, Inc., the International Securities Exchange, LLC, the National Association of Securities Dealers, Inc., the New York Stock Exchange, LLC, the NYSE Arca, Inc., and the Philadelphia Stock Exchange, Inc. January 22, 2007. Pursuant to Sections 17(d) 1 of the Securities Exchange Act of 1934 (“Act”) and Rule 17d-2 thereunder, 2 notice is hereby given that on December 5, 2006, the American Stock Exchange, LLC (“Amex”), the Boston Stock Exchange, Inc. (“BSE”), the Chicago Board Options Exchange, Inc. (“CBOE”), the International Securities Exchange, LLC (“ISE”), the National Association of Securities Dealers, Inc. (“NASD”), the New York Stock Exchange, LLC (“NYSE”), the NYSE Arca, Inc. (“PCX”), and the Philadelphia Stock Exchange, Inc. (“Phlx”) (collectively the “SRO participants”) filed with the Securities and Exchange Commission (“Commission”) an amendment to their January 14, 2004 plan for the allocation of regulatory responsibility. 1 15 U.S.C. 78q(d). 2 17 CFR 240.17d-2. I. Introduction Section 19(g)(1) of the Act, 3 among other things, requires every national securities exchange and registered securities association (“SRO”) to examine for, and enforce, compliance by its members and persons associated with its members with the Act, the rules and regulations thereunder, and the SRO's own rules, unless the SRO is relieved of this responsibility pursuant to Section 17(d) or 19(g)(2) 4 of the Act. Without this relief, the statutory obligation of each individual SRO could result in a pattern of multiple examinations of broker-dealers that maintain memberships in more than one SRO (“common members”). This regulatory duplication would add unnecessary expenses for common members and their SROs. 3 15 U.S.C. 78s(g)(1). 4 15 U.S.C. 78s(g)(2). Section 17(d)(1) of the Act was intended, in part, to eliminate unnecessary multiple examinations and regulatory duplication. 5 With respect to a common member, Section 17(d)(1) authorizes the Commission, by rule or order, to relieve an SRO of the responsibility to receive regulatory reports, to examine for and enforce compliance with applicable statutes, rules and regulations, or to perform other specified regulatory functions. 5 *See* Securities Act Amendments of 1975, Report of the Senate Committee on Banking, Housing, and Urban Affairs to Accompany S. 249, S. Rep. No. 94-75, 94th Cong., 1st Session. 32 (1975). To implement Section 17(d)(1), the Commission adopted two rules: Rule 17d-1 and Rule 17d-2 under the Act. 6 Rule 17d-1, adopted on April 20, 1976, 7 authorizes the Commission to name a single SRO as the designated examining authority (“DEA”) to examine common members for compliance with the financial responsibility requirements imposed by the Act, or by Commission or SRO rules. When an SRO has been named as a common member's DEA, all other SROs to which the common member belongs are relieved of the responsibility to examine the firm for compliance with applicable financial responsibility rules. 6 17 CFR 240.17d-1 and 17 CFR 240.17d-2. 7 *See* Securities Exchange Act Release No. 12352 (April 20, 1976), 41 FR 18809 (May 3, 1976). On its face, Rule 17d-1 deals only with an SRO's obligations to enforce broker-dealers' compliance with the financial responsibility requirements. Rule 17d-1 does not relieve an SRO from its obligation to examine a common member for compliance with its own rules and provisions of the federal securities laws governing matters other than financial responsibility, including sales practices, and trading activities and practices. To address regulatory duplication in these other areas, on October 28, 1976, the Commission adopted Rule 17d-2 under the Act. 8 This rule permits SROs to propose joint plans allocating regulatory responsibilities with respect to common members. Under paragraph

(c)of Rule 17d-2, the Commission may declare such a plan effective if, after providing for notice and comment, it determines that the plan is necessary or appropriate in the public interest and for the protection of investors, to foster cooperation and coordination among the SROs, to remove impediments to and foster the development of a national market system and a national clearance and settlement system, and in conformity with the factors set forth in Section 17(d) of the Act. Commission approval of a plan filed pursuant to Rule 17d-2 relieves an SRO of those regulatory responsibilities allocated by the plan to another SRO. 8 *See* Securities Exchange Act Release No. 12935 (October 28, 1976), 41 FR 49093 (November 8, 1976). II. The Plan On September 8, 1983, the Commission approved the SRO participants' plan for allocating regulatory responsibilities pursuant to Rule 17d-2. 9 On May 23, 2000, the Commission approved an amendment to the plan that added the ISE as a participant. 10 On November 8, 2002, the Commission approved another amendment that replaced the original plan in its entirety and, among other things, allocated regulatory responsibilities among all the participants in a more equitable manner. 11 On February 5, 2004, the parties submitted an amendment to the plan, primarily to include the BSE, which was establishing a new options trading facility to be known as the Boston Options Exchange (“BOX”), as an SRO participant. 12 9 *See* Securities Exchange Act Release No. 20158 (September 8, 1983), 48 FR 41256 (September 14, 1983). 10 *See* Securities Exchange Act Release No. 42816 (May 23, 2000), 65 FR 24759 (May 31, 2000). This Amendment also updated the corporate names of the Amex, the Midwest Stock Exchange (now known as the Chicago Stock Exchange, Inc.), and the Pacific Stock Exchange Incorporated (now known as the NYSE Arca, Inc.). 11 *See* Securities Exchange Act Release No. 46800 (November 8, 2002), 67 FR 69774 (November 19, 2002). 12 *See* Securities Exchange Act Release No. 49197 (February 5, 2004), 69 FR 7046. (February 12, 2004). The plan reduces regulatory duplication for a large number of firms currently members of two or more of the SRO participants by allocating regulatory responsibility for certain options-related sales practice matters to one of the SRO participants. Generally, under the current plan, the SRO participant responsible for conducting options-related sales practice examinations of a firm, and investigating options-related customer complaints and terminations for cause of associated persons of that firm, is known as the firm's “Designated Options Examining Authority” (“DOEA”). Pursuant to the current plan, any other SRO of which the firm is a member is relieved of these responsibilities during the period the firm is assigned to a DOEA. III. Proposed Amendment to the Plan On December 5, 2006, the parties submitted a proposed amendment to the plan. The purpose of the amendment is to:

(i)Provide that NASD and NYSE will be DOEAs under the plan,

(ii)provide that the Designated Examination Authority pursuant to Commission Rule 17d-1 under the Act for a broker-dealer that is a member of more than one SRO participant (but not a member of the NASD or the NYSE) shall perform the regulatory responsibility under the agreement as if such DEA were the DOEA,

(iii)to incorporate a more formal procedure for updating the list of common rules, and

(iv)make certain other changes to the plan. The amended agreement replaces the previous agreement in its entirety. The text of the proposed amended 17d-2 plan is as follows (additions are italicized; deletions are bracketed): 13 13 Changes are marked from the most recent plan approved by the Commission on February 5, 2004. *See supra* note 12. Agreement *by and* among the American Stock Exchange *,* LLC, the Boston Stock Exchange, Inc., the Chicago Board Options Exchange, Inc., the International Securities Exchange, [Inc.] *LLC* , the National Association of Securities Dealers, Inc., the New York Stock Exchange, [Inc.] *LLC* , the [Pacific Exchange] *NYSE Arca* Inc., and the Philadelphia Stock Exchange, Inc., Pursuant to Rule 17d-2 under the Securities Exchange Act of 1934. This *agreement (“* Agreement *”)* , *by and* among the American Stock Exchange *,* LLC, the Boston Stock Exchange, Inc., the Chicago Board Options Exchange, Inc., the International Securities Exchange, [Inc.] *LLC* , the National Association of Securities Dealers, Inc. *(“NASD”)* , the New York Stock Exchange, [Inc.] *LLC (“NYSE”)* , the [Pacific Exchange] *NYSE Arca* Inc., and the Philadelphia Stock Exchange, Inc., hereinafter collectively referred to as the Participants, is made this [14th] *1st* day of [January, 2004] *December, 2006,* pursuant to the provisions of Rule 17d-2 under the Securities Exchange Act of 1934 (the “ *Exchange* Act”), which allows for plans among self-regulatory organizations to allocate regulatory responsibility. *This Agreement shall be administered by a committee known as the Options Self-Regulatory Council (the “Council”).* Whereas, the Participants are desirous of allocating regulatory responsibilities with respect to [their common members (members of two or more of the Participants)] * broker-dealers, and persons associated therewith, that are members FN1 of more than one Participant (the “Common Members”) and conduct a public business * for compliance with [common rules] *Common Rules (as hereinafter defined)* relating to the conduct by broker-dealers of accounts for listed options [or], index warrants, *currency index warrants and currency warrants* (collectively, “Covered Securities”); and * FN1 In the case of the Boston Stock Exchange, Inc., members are those persons who are options participants (as defined in BOX Rules). * Whereas, the Participants are desirous of executing a plan for this purpose pursuant to the provisions of Rule 17d-2 and filing such plan with the Securities and Exchange Commission (“SEC” or the “Commission”) for its approval; Now, therefore, in consideration of the mutual covenants contained hereafter, the Participants agree as follows: I. [Except as otherwise provided herein,] *As used herein the term Designated Options Examining Authority (“DOEA”) shall mean the NASD and NYSE insofar as* each [Participant] shall [assume] *perform* Regulatory Responsibility (as hereinafter defined) for its *broker-dealer* members that *also* are [both (i)] members of [more than one] *another* Participant [(hereinafter the “Common Members”) and

(ii)*],and* allocated to it in accordance with the terms hereof. [For purposes of this Agreement, a Participant shall be considered to be the Designated Options Examining Authority (“DOEA”) of each Common Member allocated to it.] *The Designated Examination Authority (“DEA”) pursuant to SEC Rule 17d-1 under the Securities Exchange Act (“Rule 17d-1”) for a broker-dealer that is a member of more than one Participant (but not a member of a DOEA) shall perform the Regulatory Responsibility under the Agreement as if such DEA were the DOEA.* II. As used herein, the term “Regulatory Responsibility” shall mean the [inspection,] examination and enforcement responsibilities relating to compliance by [the] *broker-dealers that are members of more than one Participant (the “* Common Members [and persons associated therewith] *”)* with the rules of the applicable Participant that are substantially similar to the rules of the other Participants (the “Common Rules”) [and the provisions of the Act and the rules and regulations thereunder], insofar as they apply to the conduct of accounts for Covered Securities. [In discharging its Regulatory Responsibility, a DOEA may act directly and perform such responsibilities itself or may make arrangements for the performance of such responsibilities on its behalf by The Options Clearing Corporation, a national securities exchange registered with the SEC under Section 6(a) of the Act or a national securities association registered with the SEC under Section 15A of the Act, but excluding an association registered for the limited purpose of regulating the activities of members who are registered as brokers or dealers in security futures products. Without limiting the foregoing, a non-exhaustive list of the current,] *A list of the current* Common Rules of each Participant applicable to the conduct of accounts for Covered Securities is attached hereto as Exhibit A. *Each year within 30 days of the anniversary date of the commencement of operation of this Agreement, each Participant shall submit in writing to each DOEA and DEA performing as a DOEA for any members of such Participant any revisions to Exhibit A reflecting changes in the rules of the Participant or DOEAs, and confirm that all other rules of the Participant listed in Exhibit A continue to meet the definition of Common Rules as defined in this Agreement. Within 30 days from the date that each DOEA has received revisions and/or confirmation that no change has been made to Exhibit A from all Participants, the DOEAs shall confirm in writing to each Participant whether the rules listed in any updated Exhibit A are Common Rules as defined in this Agreement.* Notwithstanding anything herein to the contrary, it is explicitly understood that the term “Regulatory Responsibility” does not include, and each of the Participants shall (unless allocated pursuant to Rule 17d-2 otherwise than under this Agreement) retain full responsibility for, *each of the following:*

(a)[s] *S* urveillance and enforcement with respect to trading activities or practices involving its own marketplace, including without limitation its rules relating to the rights and obligations of specialists and other market makers;

(b)[r] *R* egistration pursuant to its applicable rules of associated persons;

(c)[d] *D* ischarge of its duties and obligations as a [Designated Examining Authority pursuant to Rule 17d-1 under the Act] *DEA; and* ;

(d)[e] *E* valuation of advertising, responsibility for which shall remain with the Participant to which a Common Member submits same for approval[; and

(e)any rules of a Participant that are not substantially similar to the rules of all of the other Participants]. III. Apparent violations of another Participant's rules discovered by a DOEA, but which rules are not within the scope of the discovering DOEA's Regulatory Responsibility, shall be referred to the relevant Participant for such action as the Participant to which such matter has been referred deems appropriate. Notwithstanding the foregoing, nothing contained herein shall preclude a DOEA in its discretion from requesting that another Participant conduct an enforcement proceeding on a matter for which the requesting DOEA has Regulatory Responsibility. If such other Participant *s* agree[s], the Regulatory Responsibility in such case shall be deemed transferred to the accepting Participant. Each Participant agrees, upon request, to make available promptly all relevant files, records and/or witnesses necessary to assist another Participant in an investigation or enforcement proceeding. IV. [This Agreement shall be administered by a committee known as the Options Self-Regulatory Council (the “Council”).] The Council shall be composed of one representative designated by each of the Participants. Each Participant shall also designate one or more persons as its alternate representative(s). In the absence of the representative of a Participant, such alternate representative shall have the same powers, duties and responsibilities as the representative. Each Participant may, at any time, by notice to the then Chair of the Council, replace its representative and/or its alternate representative on such Council. A majority of the Council shall constitute a quorum and, unless specifically otherwise required, the affirmative vote of a majority of the Council members present (in person, by telephone or by written consent) shall be necessary to constitute action by the Council. From time to time, the Council shall elect one member [of the Council] *from the DOEAs* to serve as Chair and another *from the Council* to serve as Vice Chair (to substitute for the Chair in the event of his or her unavailability *at a meeting of the Council* ) [for such term as shall be designated and until his or her successor is duly elected, provided that in the event a Participant replaces a representative who is acting as Chair or Vice Chair, such representative shall also assume the position of Chair or Vice Chair, as applicable]. All notices and other communications for the Council shall be sent to it in care of the Chair or to each of the representatives. V. The Council shall determine the times and locations of Council meetings, provided that the Chair, acting alone, may also call a meeting of the Council in the event the Chair determines that there is good cause to do so. To the extent reasonably possible, notice of any meeting shall be given at least ten business days prior thereto. Notwithstanding anything herein to the contrary, representatives shall always be given the option of participating in any meeting telephonically at their own expense rather than in person. VI. For the purpose of fulfilling the Participants' [DOEA] Regulatory Responsibilities, the [Council] *DOEAs* shall allocate Common Members that conduct a public [options] business *in Covered Securities* among [Participants] *DOEAs* from time to time in such manner as the [Council] *DOEAs* deem[s] appropriate, provided that any such allocation shall be based on the following principles except to the extent affected [Participants] *DOEAs* consent:

(a)The [Council] *DOEAs* may not allocate a member to a [Participant] *DOEA* unless the member is a member of that [Participant] *DOEA* , *nor shall any member be allocated to a Participant that is not a DOEA or DEA acting as a DOEA* .

(b)To the extent practical *and desired by the DOEAs* , Common Members that conduct a public [options] business *in Covered Securities* shall be allocated among the [Participants] *DOEAs* of which they are members in such manner as to equalize as nearly as possible the allocation [among such Participants. For example, if sixteen Common Members that conduct a public options business are members only of three Participants, such members shall be allocated among such Participants such that no Participant is allocated more than six such members and no Participant is allocated less than five such members] *of such Common Members among such DOEAs* .

(c)To the extent practical *and desired by the DOEAs* , the allocation of Common Members shall take into account the amount of customer activity conducted by each member in Covered Securities such that Common Members shall be allocated among the [Participants] *DOEAs* of which they are members in such manner as most evenly divides the Common Members with the largest amount of customer activity among such [Participants] *DOEAs* .

(d)[Insofar as practical, it is intended that allocation of Common Members to Participants will be rotated among the applicable Participants and, more specifically, that Common Members shall not be allocated to a Participant as to which such member was allocated within the previous two years. (e)] The [Council] *DOEAs* shall make general reallocations of Common Members from time to time, as it deems appropriate. ([f] *e* ) *All Participants shall promptly notify the DOEAs no later than the next scheduled meeting of any change in membership of Common Members* . Whenever a Common Member ceases to be a member of its DOEA, [the] *that* DOEA shall promptly inform the [Council] *other DOEAs* , which [shall] *will* promptly review the matter and *re* allocate the Common Member to [another Participant] *the extent practical* . ([g] *f* ) A DOEA may request that a Common Member that is allocated to it be reallocated to another [Participant] *DOEA* by giving thirty days written notice thereof. The [Council] *DOEAs* , in [its] *their* discretion[,] may approve such request and reallocate such Common Member to another [Participant] *DOEA* . ([h] *g* ) All determinations by the [Council] *DOEAs* with respect to allocations *, if there are more than two DOEAs* , shall be by the affirmative vote of a majority of the *DOEAs of which such firm is a Common Member, otherwise by negotiation and consensus* . [Participants that, at the time of such determination, share the applicable Common Member being allocated; a Participant shall not be entitled to vote on any allocation relating to a Common Member unless the Common Member is a member of such Participant.

(i)Allocations for calendar years 2004 and 2005 shall also be subject to the provisions set forth at Appendix A hereof, which provisions shall control in the event of any conflict between them and the provisions set forth above.] VII. Each DOEA shall conduct [a routine inspection and] *an* examination of each Common Member allocated to it on a cycle not less frequently than [determined by the Council] *agreed upon by all DOEAs* . The other Participants agree that, upon request, relevant information in their respective files relative to a Common Member will be made available to the applicable DOEA. At each meeting of the Council, each [Participant] *DOEA* shall be prepared to report on the status of its examination program for the previous quarter and any period prior thereto that has not previously been reported to the Council. In the event a DOEA believes it will not be able to complete the examination cycle for its allocated firms, it will so advise the Council. The [Council will] *DOEAs may* undertake to remedy this situation by *re* allocating selected firms [and, if necessary,] *or* lengthening the cycles for selected firms *, with the approval of all other DOEAs* . VIII. Each [Participant] *DOEA* will[, upon request,] promptly furnish a copy of the *Examination* report[, or applicable portions thereof] relating to Covered Securities, of any examination made pursuant to the provisions of this Agreement to each other Participant of which the Common Member examined is a member. IX. [Each Participant will routinely forward to each other Participant of which a Common Member is a member, copies of all communications regarding deficiencies relating to Covered Securities noted in a report of examination conducted by each Participant. If an examination relating to Covered Securities conducted by a Participant reveals no deficiencies, such fact will also, upon request, be communicated to each other Participant of which the Common Member concerned is a member. X.] Each DOEA's Regulatory Responsibility shall *for each Common Member allocated to it* include investigations into terminations “for cause” of associated persons relating to Covered Securities, unless such termination is related solely to another Participant's market. In the latter instance, that Participant to whose market the termination for cause relates shall discharge Regulatory Responsibility with respect to such termination for cause. In connection with a DOEA's examination, investigation and/or enforcement proceeding regarding a Covered Security-related termination for cause, the other Participants of which the Common Member is a member shall furnish, upon request, copies of all pertinent materials related thereto in their possession. As used in this Section, “for cause” shall include, without limitation, terminations characterized on Form U5 under the label “Permitted to Resign,” “Discharge” or “Other.” X[I]. Each DOEA shall discharge the Regulatory Responsibility *for each Common Member allocated to it* relative to a Covered Securities-related customer complaint FN2 [or Form U4 filing] unless such complaint [or filing] is uniquely related to another Participant's market. In the latter instance, the DOEA shall forward the matter to that Participant to whose market the matter relates, and the latter shall discharge Regulatory Responsibility with respect thereto. If a Participant receives a customer complaint for a Common Member related to a Covered Security for which the Participant is not the DOEA, the Participant shall promptly forward a copy of such complaint to the DOEA. FN2 *For purposes of complaints, they can be reported pursuant to Form U4, Form U5 or RE-3 and any amendments thereto* . XI[I]. Any written notice required or permitted to be given under this Agreement shall be deemed given if sent by certified mail, return receipt requested, *or by a comparable means of electronic communication* to each Participant entitled to receipt thereof, to the attention of the Participant's representative on the Council at the Participant's then principal office or by e-mail at such address as the representative shall have filed in writing with the Chair. [XIII. The costs incurred by each Participant in discharging its Regulatory Responsibility under this Agreement are not reimbursable. However, any Participants may agree that one or more will compensate the other(s) for costs.] [XIV] *XII* . The Participants shall notify the Common Members of this Agreement by means of a uniform joint notice approved by the Council. [XV] *XIII* . This Agreement may be amended in writing duly approved by each Participant. [XVI] *XIV* . Any of the Participants may manifest its intention to cancel its participation in this Agreement at any time [upon the] *by* giving [to] the Council [of] written notice thereof at least 90 days prior to *the effective date of* such cancellation. Upon receipt of such notice the Council shall allocate, in accordance with the provisions of this Agreement, [those] any Common Members for which the petitioning party was the DOEA. Until such time as the Council has completed the reallocation described above, the petitioning Participant shall retain all its rights, privileges, duties and obligations hereunder. XV[II]. The cancellation of its participation in this Agreement by any Participant shall not terminate this Agreement as to the remaining Participants. This Agreement will only terminate following notice to the Commission, in writing, by the then Participants that they intend to terminate the Agreement and the expiration of the applicable notice period. Such notice shall be given at least six months prior to the intended date of termination, provided that in the event a notice of cancellation is received from a Participant that, assuming the effectiveness thereof, would result in there being just one remaining member of the Council, notice to the Commission of termination of this Agreement shall be given promptly upon the receipt of such notice of cancellation, which termination shall be effective upon the effectiveness of the cancellation that triggered the notice of termination to the Commission. Limitation of Liability No Participant nor the Council nor any of their respective directors, governors, officers, employees or representatives shall be liable to any other Participant in this Agreement for any liability, loss or damage resulting from or claimed to have resulted from any delays, inaccuracies, errors or omissions with respect to the provision of Regulatory Responsibility as provided hereby or for the failure to provide any such Responsibility, except with respect to such liability, loss or damages as shall have been suffered by one or more of the Participants and caused by the willful misconduct of one or more of the other participants or their respective directors, governors, officers, employees or representatives. No warranties, express or implied, are made by any or all of the Participants or the Council with respect to any Regulatory Responsibility to be performed by each of them hereunder. Relief From Responsibility Pursuant to Section 17(d)(1)(A) of the Securities Exchange Act of 1934 and Rule 17d-2 promulgated pursuant thereto, the Participants join in requesting the Securities and Exchange Commission, upon its approval of this Agreement or any part thereof, to relieve those Participants which are from time to time participants in this Agreement which are not the DOEA as to a Common Member of any and all Regulatory Responsibility with respect to the matters allocated to the DOEA. In Witness Whereof, the Participants hereto have executed this Agreement as of the date and year first above written. [Appendix A—Allocation Provisions for Calendar Years 2004 and 2005 The allocation for calendar year 2004 shall be performed in accordance with the provisions of Section VI, provided that there shall be a partial allocation to the Boston Stock Exchange, Inc. whereby the Boston Stock Exchange, Inc. is allocated one-half of its share of the total number of Common Members. For calendar year 2005, there shall be a reallocation whereby the Boston Stock Exchange, Inc. shall receive from the other DOEAs a number of Common Members to make the allocation equitable.] Exhibit A 14 —Participant Rules Applicable to the Conduct of Covered Securities: Rules Enforced Under 17d-2 Agreement 14 This is a partial list of the rules provided to the Commission. The full list of rules provided to the Commission is available at the principal offices of each of the SROs and at the Commission's Public Reference Room. Opening Of Accounts AMEX—Rules 411 [and], 921 *and 1101* CBOE—Rule 9.7 ISE—Rule 608 NASD—Rule *s* 2860(b)(16)[;] *,* IM-2860-2 *& 2843* NYSE—Rule[s] 721 [and 405] PHLX—Rule 1024(b) [PCX] *NYSE Arca* —Rule 9.2(a) and Rule 9.18(b) BSE/BOX Supervision—Chapter XI, Section 9 AMEX—Rules 411 [and] *,* 922 *and 1104* CBOE—Rule 9.8 ISE—Rule 609 NASD—Rule *s* 2860(b)(20) *, 2860(b)(17)(B), 2846 & 2849* NYSE—Rule[s] 722[, 342 and 343] PHLX—Rule 1025 [PCX] *NYSE Arca* —Rule 9.2(b) BSE/BOX Suitability—Chapter XI, Section 10 AMEX—Rule *s* 923 *& 1102* CBOE—Rule 9.9 ISE—Rule 610 NASD—Rule 2860(b)(19) *& 2844* NYSE—Rule 723 PHLX—Rule 1026 [PCX] *NYSE Arca* —Rule 9.18(c) BSE/BOX—Chapter XI, Section 11 IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments • Use the Commission's Internet comment form *(http://www.sec.gov/rules/sro.shtml);* or • Send an e-mail to *rule-comments@sec.gov.* Please include File Number S7-966 on the subject line. Paper Comments • Send paper comments in triplicate to Nancy M. Morris, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549-1090. All submissions should refer to File Number S7-966. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( *http://www.sec.gov/rules/sro.shtml* ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing also will be available for inspection and copying at the principal office of each of the SROs. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number S7-966 and should be submitted on or before February 16, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority. 15 15 17 CFR 200.30-3(a)(34). Florence E. Harmon, Deputy Secretary. [FR Doc. E7-1220 Filed 1-25-07; 8:45 am] BILLING CODE 8011-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meetings during the week of January 29, 2007: Open Meetings will be held on Wednesday, January 31, 2007 at 10 a.m. and 2 p.m. in the Auditorium, Room LL-002, and Closed Meetings will be held on Wednesday, January 31, 2007 at 11 a.m. and Thursday, February 1, 2007 at 2 p.m. Commissioners, Counsels to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meetings. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and

(10)and 17 CFR 200.402(a) (3), (5), (7), 9(ii) and

(10)permit consideration of the scheduled matters at the Closed Meetings. Commissioner Casey, as duty officer, voted to consider the items listed for the closed meetings in closed session. The subject matter of the Open Meeting scheduled for Wednesday, January 31, 2007 at 10 a.m. will be: The Commission will hear oral argument on an appeal by Phlo Corporation, a beverage manufacturer and an issuer of publicly traded securities that also acts as transfer agent for its own securities, its president and chief executive officer James B. Hovis (“J. Hovis”), and its executive vice president and secretary, Anne P. Hovis (“A. Hovis”), who also served as Phlo's general counsel, (together, “Respondents”) from the decision of an administrative law judge. The law judge found that Phlo willfully violated provisions requiring transfer agents to turnaround at least ninety percent of all routine items received in a month within three business days and willfully failed to make records available for examination by Commission staff. The law judge concluded that A. Hovis willfully aided and abetted and was a cause of Phlo's failure to complete transfers in a timely manner and failure to make records available for examination. The law judge further found that Phlo failed to make timely filings of annual and quarterly reports with the Commission between March 2003 and November 2005. The law judge found that J. Hovis willfully aided and abetted and was a cause of Phlo's violations of the periodic reporting requirements. The law judge assessed civil money penalties of $100,000 against Phlo, $25,000 against J. Hovis, and $50,000 against A. Hovis, revoked Phlo's registration as a transfer agent, barred A. Hovis from associating with any transfer agent, and imposed cease-and-desist orders as to all Respondents. Among the issues likely to be argued are whether Respondents violated the provisions charged, and, if so, whether and to what extent sanctions should be imposed. The subject matter of the Closed Meeting scheduled for January 31, 2007 at 11 a.m. will be: Post-argument discussion. The subject matter of the Open Meeting scheduled for January 31, 2007 at 2 p.m. will be: 1. The Commission will consider whether to propose amendments to extend its interactive data voluntary reporting program to permit mutual funds to submit as exhibits to their registration statements supplemental tagged information contained in the risk/return summary section of their prospectuses. The risk/return summary section contains key mutual fund information, including investment objectives and strategies, risks, and costs. 2. The Commission will consider whether to propose rules to implement provisions of the Credit Rating Agency Reform Act of 2006. The subject matter of the Closed Meeting scheduled for Thursday, February 1, 2007 will be: Formal orders of investigation; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Resolution of litigation claims; An adjudicatory matter; and Other matters relating to enforcement proceedings At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at

(202)551-5400. Dated: January 24, 2007. Nancy M. Morris, Secretary. [FR Doc. 07-372 Filed 1-24-07; 3:57 pm]

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