Notices. Notice of availability

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BILLING CODE 4160-01-C DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Commitment Studies; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice of availability. SUMMARY: The Food and Drug Administration

(FDA)is required, under the Food and Drug Administration Modernization Act of 1997 (Modernization Act), to report annually in the **Federal Register** on the status of postmarketing study commitments made by sponsors of approved drug and biological products. This is the agency's report on the status of the studies sponsors have agreed to or are required to conduct. FOR FURTHER INFORMATION CONTACT: Beth Duvall-Miller, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, rm. 6466, Silver Spring, MD 20993-0002, 301-796-0700;or Robert Yetter, Center for Biologics Evaluation and Research (HFM-25), Food and Drug Administration, 1400 Rockville Pike, Rockville, MD 20852, 301-827-0373. SUPPLEMENTARY INFORMATION: I. Background Section 130(a) of the Modernization Act (Public Law 105-115) amended the Federal Food, Drug, and Cosmetic Act (the act) by adding a new provision requiring reports of certain postmarketing studies (section 506B of the act (21 U.S.C. 356b)) for human drug and biological products. Section 506B of the act provides FDA with additional authority to monitor the progress of a postmarketing study commitment that an applicant has been required or has agreed to conduct by requiring the applicant to submit a report annually providing information on the status of the postmarketing study commitment. This report must also include reasons, if any, for failure to complete the commitment. On December 1, 1999 (64 FR 67207), FDA published a proposed rule providing a framework for the content and format of the annual progress report. The proposed rule also clarified the scope of the reporting requirement and the timing for submission of the annual progress reports. The final rule, published on October 30, 2000 (65 FR 64607), modified annual report requirements for new drug applications

(NDAs)and abbreviated new drug applications (ANDAs) by revising § 314.81(b)(2)(vii) (21 CFR 314.81(b)(2)(vii)). The rule also created a new annual reporting requirement for biologics license applications

(BLAs)by establishing § 601.70 (21 CFR 601.70). These regulations became effective on April 30, 2001. The regulations apply only to human drug and biological products. They do not apply to animal drug or to biological products that also meet the definition of a medical device. Sections 314.81(b)(2)(vii) and 601.70 apply to postmarketing commitments made on or before enactment of the Modernization Act (November 21, 1997) as well as those made after that date. Sections 314.81(b)(2)(vii) and 601.70 require applicants of approved drug and biological products to submit annually a report on the status of each clinical safety, clinical efficacy, clinical pharmacology, and nonclinical toxicology study that is required by FDA (e.g., accelerated approval clinical benefit studies) or that they have committed to conduct either at the time of approval or after approval of their NDA, ANDA, or BLA. The status of other types of postmarketing commitments (e.g., those concerning chemistry, manufacturing, production controls, and studies conducted on an applicant's own initiative) are not required to be reported under §§ 314.81(b)(2)(vii) and 601.70, and are not addressed in this report. It should be noted, however, that applicants are required to report to FDA on these commitments made for NDAs and ANDAs under § 314.81(b)(2)(viii). According to the regulations, once a postmarketing study commitment has been made, an applicant must report on the progress of the commitment on the anniversary of the product's approval until the postmarketing study commitment is completed or terminated, and FDA determines that the postmarketing study commitment has been fulfilled or that the postmarketing study commitment is either no longer feasible or would no longer provide useful information. The annual progress report must include a description of the postmarketing study commitment, a schedule for completing the study commitment, and a characterization of the current status of the study commitment. The report must also provide an explanation of the postmarketing study commitment's status by describing briefly the postmarketing study commitment's progress. A postmarketing study commitment schedule is expected to include the actual or projected dates for the following:

(1)Submission of the study protocol to FDA,

(2)completion of patient accrual or initiation of an animal study,

(3)completion of the study, and

(4)submission of the final study report to FDA. The postmarketing study commitment status must be described in the annual report according to the following definitions: • Pending: The study has not been initiated (i.e., no subjects have been enrolled or animals dosed), but does not meet the criterion for delayed (i.e., the original projected date for initiation of patient accrual or initiation of animal dosing has not passed); • Ongoing: The study is proceeding according to or ahead of the original schedule; • Delayed: The study is behind the original schedule; • Terminated: The study was ended before completion, but a final study report has not been submitted to FDA; or • Submitted: The study has been completed or terminated, and a final study report has been submitted to FDA. Databases containing information on postmarketing study commitments are maintained at the Center for Drug Evaluation and Research

(CDER)and the Center for Biologics Evaluation and Research (CBER). Information in this report covers any postmarketing study commitment that was made, in writing, at the time of approval or after approval of an application or a supplement to an application, including those required (e.g., to demonstrate clinical benefit of a product following accelerated approval) and those agreed to with the applicant. Information summarized in this report includes:

(1)The number of applicants with open (uncompleted) postmarketing commitments,

(2)the number of open postmarketing commitments,

(3)the status of open postmarketing commitments as reported in § 314.81(b)(2)(vii) or § 601.70 annual reports,

(4)the status of concluded postmarketing studies as determined by FDA, and

(5)the number of applications with open postmarketing commitments for which sponsors did not submit an annual report within 60 days of the anniversary date of U.S. approval. Additional information about postmarketing study commitments made by sponsors to CDER and CBER are provided on FDA's Web site at *http://www.fda.gov/cder* . Like this document, the site does not list postmarketing study commitments containing proprietary information. It is FDA policy not to post information on the Web site until it has been reviewed for accuracy. The numbers published in this document cannot be compared with the numbers resulting from searches of the Web site. This document incorporates totals for all postmarketing study commitments in FDA databases, including those undergoing review for accuracy. The report in this document will be updated annually while the Web site is updated quarterly (in January, April, July, and October). II. Summary of Information From Postmarketing Study Progress Reports This report summarizes the status of postmarketing commitments as of September 30, 2006. If a commitment did not have a schedule or a postmarketing progress report was not received, the commitment is categorized according to the most recent information available to the agency. Data in table 1 of this document are numerical summaries generated from FDA databases. The data are broken out according to application type (NDAs/ANDAs or BLAs). **Table 1.—Summary of Postmarketing Study Commitments (Numbers as of September 30, 2006)** NDAs/ANDAs (% of Total) BLAs 1 (% of Total) Applicants With Open Postmarketing Commitments 127 45 Number of Open Postmarketing Commitments 1,259 373 Status of Open Postmarketing Commitments • Pending 899 (71%) 127 (34%) • Ongoing 184 (15%) 90 (24%) • Delayed 31 (3%) 78 (21%) • Terminated 1 (<1%) 2 (1%) • Submitted 144 (11%) 76 (20%) Concluded Studies (October 1, 2005 Through September 30, 2006) 194 38 • Commitment Met 160 (83%) 33 (87%) • Commitment Not Met 10 (5%) 0 • Study No Longer Needed or Feasible 24 (12%) 5 (13%) Applications With Open Postmarketing Commitments With Annual Reports Due, But Not Submitted Within 60 Days of the Anniversary Date of U.S. Approval 133 (37%) 2 33 (47%) 1 On October 1, 2003, FDA completed a consolidation of certain products formerly regulated by the CBER into CDER. The previous association of BLA reviews only with CBER is no longer valid; BLAs are now received by both CBER and CDER. Fiscal year

(FY)statistics for CDER BLA postmarketing study commitments will continue to be counted under BLA totals in this table. 2 Note that this statistic counts all annual reports submitted more than 60 days after the anniversary date of U.S. approval as overdue, including reports that may have been submitted on a modified reporting schedule in accordance with prior FDA agreement. Of the applications categorized as having overdue annual reports using this definition, annual reports were subsequently submitted in FY 2006 for 133/133 (100%) of NDAs/ANDAs and 15/33 (45%) of BLAs. Dated: January 25, 2007. Jeffrey Shuren, Assistant Comissioner for Policy. [FR Doc. E7-1749 Filed 2-1-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Bureau of Customs and Border Protection Automated Commercial Environment (ACE): National Customs Automation Program Test of Automated Truck Manifest for Truck Carrier Accounts; Deployment Schedule AGENCY: Customs and Border Protection; Department of Homeland Security. ACTION: General notice. SUMMARY: The Bureau of Customs and Border Protection, in conjunction with the Department of Transportation, Federal Motor Carrier Safety Administration, is currently conducting a National Customs Automation Program

(NCAP)test concerning the transmission of automated truck manifest data. This document announces a new group, or cluster, of ports to be deployed for this test. DATES: The ports identified in this notice, all in the state of North Dakota, are expected to be fully deployed for testing by January 31, 2007. Comments concerning this notice and all aspects of the announced test may be submitted at any time during the test period. FOR FURTHER INFORMATION CONTACT: Mr. James Swanson via e-mail at *james.d.swanson@dhs.gov.* SUPPLEMENTARY INFORMATION: Background The National Customs Automation Program

(NCAP)test concerning the transmission of automated truck manifest data for truck carrier accounts was announced in a General Notice published in the **Federal Register** (69 FR 55167) on September 13, 2004. That notice stated that the test of the Automated Truck Manifest would be conducted in a phased approach, with primary deployment scheduled for no earlier than November 29, 2004. A series of **Federal Register** notices have announced the implementation of the test, beginning with a notice published on May 31, 2005 (70 FR 30964). As described in that document, the deployment sites for the test have been phased in as clusters. The ports identified belonging to the first cluster were announced in the May 31, 2005, notice. Additional clusters were announced in subsequent notices published in the **Federal Register** including: 70 FR 43892, published on July 29, 2005; 70 FR 60096, published on October 14, 2005; 71 FR 3875, published on January 24, 2006; 71 FR 23941, published on April 25, 2006; 71 FR 42103, published on July 25, 2006; and 71 FR 77404, published on December 26, 2006. New Cluster Through this notice, CBP announces that a new cluster of ports to be brought up for purposes of deployment of the test, to be fully deployed by January 31, 2007, will be the following ports in the State of North Dakota: St. John; Dunseith; Carbury; Westhope; Antler; Sherwood; Northgate; Portal; Noonan; Ambrose; and Fortuna. This deployment is for purposes of the test of the transmission of automated truck manifest data only; the Automated Commercial Environment

(ACE)Truck Manifest System is not yet the mandated transmission system for these ports. The ACE Truck Manifest System will become the mandatory transmission system in these ports only after publication in the **Federal Register** of 90 days notice, as explained by CBP in the **Federal Register** notice published on October 27, 2006 (71 FR 62922). Previous NCAP Notices Not Concerning Deployment Schedules On Monday, March 21, 2005, a General Notice was published in the **Federal Register** (70 FR 13514) announcing a modification to the NCAP test to clarify that all relevant data elements are required to be submitted in the automated truck manifest submission. That notice did not announce any change to the deployment schedule and is not affected by publication of this notice. All requirements and aspects of the test, as set forth in the September 13, 2004 notice, as modified by the March 21, 2005 notice, continue to be applicable. Dated: January 25, 2007. Jayson P. Ahern, Assistant Commissioner, Office of Field Operations. [FR Doc. E7-1710 Filed 2-1-07; 8:45 am] BILLING CODE 9111-14-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5121-N-06] Notice of Proposed Information Collection: Comment Request; Servicemembers Civil Relief Notice AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8001, Washington, DC 20410 or *Lillian_L._Deitzer@hud.gov* . FOR FURTHER INFORMATION CONTACT: Laurie Maggiano, Office of Asset Management, 451 7th Street, SW., Washington, DC 20410, telephone

(202)402-1672 (this is not a toll free number) or via e-mail at *Laurie_Maggiano@hud.gov* for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection 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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Servicemembers Civil Relief Notice. *OMB Control Number, if applicable:* 2502-0565. *Description of the need for the information and proposed use:* The information collection is intended to provide a statement or notice to homeowners in default explaining the mortgage and foreclosure rights of servicemembers and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501-596), including the toll-free military one source number to call if servicemembers, or their dependents, require further assistance. This notification is required under section 106(c)(5)(A)(ii) of the Housing and Urban Development Act (12 U.S.C. 1701x(c)(5)(A)(ii) as amended by Section 688 of the National Defense Authorization Act for fiscal year 2006 (Pub. L. 109-163, enacted January 06, 2006) and must be made within 45 days from the date the missed payment was due unless the homeowner pays the overdue amount before the expiration of the 45-day period. All mortgage loans, including conventional mortgages and mortgages insured by HUD are subject to this notification requirement. *OMB Control Number:* 2502-0565. *Agency form numbers, if applicable:* HUD-92070. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of burden hours needed to prepare the information collection is 533,744; the number of respondents is estimated to be 7,747 generating approximately 2,113,195 annual responses (form HUD-92070); the frequency of response is once per loan default; and the estimated time needed to prepare the response is 15 minutes. *Status of the proposed information collection:* This is an extension of a currently approved information collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing, Deputy Federal Housing Commissioner. [FR Doc. E7-1678 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5121-N-05] Notice of Proposed Information Collection: Comment Request; Multifamily Project Construction Contract, Building Loan Agreement and Construction Change Request AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410 or *Lillian_L._Deitzer@hud.gov* . FOR FURTHER INFORMATION CONTACT: Joseph E. Malloy, Acting Director, Office of Multifamily Housing Development, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone

(202)708-1142, (this is not a toll free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Request for Construction Change. *OMB Control Number, if applicable:* 2502-0011. *Description of the need for the information and proposed use:* Contractors, mortgagors, and mortgagees use forms HUD-92437, HUD-92441, HUD-92442, HUD-92442A, HUD-92442-CA, HUD-92442-A-CA to obtain approval of changes in contract drawings and specifications from the FHA Commissioner. The information collections are needed by HUD to make sure the respondents are in compliance with the provisions set forth in Article 1.E of the construction contract, which states “Changes in Drawings and Specifications or any terms of the Contract Documents, or orders for extra work, or changes by altering or adding to the work, or which will change the design concept, may be effected only with the prior approval of the Owner's Lender (more particularly identified below and hereinafter referred to as the “Lender”), and the Commissioner under such conditions as either the Lender or the Commissioner may establish.” *Agency form numbers, if applicable:* HUD-92437, HUD-92441, HUD-92442, HUD-92442A, HUD-92442-CA, HUD-92442A-CA. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of burden hours needed to prepare the information collection is 20,300; the number of respondents is 2,200 generating approximately 4,000 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the responses varies from 1 hour to 16 hours. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing, Deputy Federal Housing Commissioner. [FR Doc. E7-1679 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5121-N-04] Notice of Proposed Information Collection: Comment Request; Management Certifications and Management Entity Profile AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., L'Enfant Plaza Building, Room 8001, Washington, DC 20410 or *Lillian_L._Deitzer@hud.gov.* FOR FURTHER INFORMATION CONTACT: Kimberly R. Munson, Office of Asset Management, 451 7th Street, SW., Washington, DC 20410, telephone

(202)708-1320 (this is not a toll free number) or via e-mail at *Kimberly_R._Munson@HUD.gov* for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection 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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Management Certifications and Management Entity Profile. *OMB Control Number, if applicable:* 2502-0305. *Description of the need for the information and proposed use:* Owners of insured and assisted multifamily properties submit these information collections to HUD. The information is needed to assist HUD in determining the acceptability of a proposed management agent. Without these documents, HUD's ability to screen out unacceptable management agents and control fraud would be limited, and the incidence of defaults and unauthorized use of subsidy funds would increase. *Agency form numbers, if applicable:* HUD-9832, HUD-9839A, HUD-9839B, HUD-9839C. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of burden hours needed to prepare the information collection is 3,014; the number of respondents is estimated to be 25,884 generating approximately 2,589 annual responses; the frequency of the response is on occasion; and the estimated time needed to prepare the response varies from 15 minutes to 2 hours depending on which form(s) are required. *Status of the proposed information collection:* This is an extension of a currently approved information collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing, Deputy Federal Housing Commissioner. [FR Doc. E7-1680 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR 5121-N-03] Notice of Proposed Information Collection Comment Request; Capital Advance Section 811 Grant Application for Supportive Housing for Persons With Disabilities; Application Submission Requirements AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: FOR FURTHER INFORMATION CONTACT: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone

(202)708-3000 (this is not a toll-free number) for copies of the proposed forms and other available information. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection 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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Section 811 Supportive Housing for Persons with Disabilities, Application Submission Requirements. *OMB Control Number, if applicable:* 2502-0462. *Description of the need for the information and proposed use:* Prospective private nonprofit organizations submit grant applications to HUD. The collection of this information is necessary to the Department to assist HUD in determining applicant eligibility and ability to develop housing for persons with disabilities within statutory and program criteria. A thorough evaluation of an applicant's submission is necessary to protect the government's financial interest. *Agency form numbers, if applicable:* HUD-92016-CA, HUD-92041, HUD-92042, HUD-92043, SF-424, SF-424-Supplement, SF-LLL, HUD-2880, HUD-2991, HUD-2990, HUD-96010, HUD-27300, HUD-96011, HUD-2994-A. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated total number of annual hours needed to prepare the information collection is 18,299; the number of respondents is 210 generating approximately 210 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the response varies from three minutes to 46 hours. *Status of proposed information collection:* Extension of currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated : January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E7-1681 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5121-N-02] Notice of Proposed Information Collection: Comment Request; Financial Statement of Corporate Applicant for Cooperative Housing Mortgage AGENCY: Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410 or *Lillian_L._Deitzer@hud.gov* . FOR FURTHER INFORMATION CONTACT: Joseph Malloy, Deputy Director, Office of Multifamily Housing Development, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone

(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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Financial Statement of Corporate Applicant for Cooperative Housing Mortgage. *OMB Control Number, if applicable:* 2502-0058. *Description of the need for the information and proposed use:* Sections 213 and 221(d)(3) of the National Housing Act, as amended, authorizes the Secretary of the Department of Housing and Urban Development to insure mortgages covering property held by a non-profit cooperative ownership-housing corporation. The Act states: “any mortgages insured under this Section shall provide for complete amortization by periodic payments within such terms as the Secretary may prescribe, but not to exceed forty years from the beginning of amortization of the mortgage * * *” In order to determine the capacity of the borrower corporation and the individual members to meet the statutory requirement for repayment, the Department is required to examine the credit reports of individual members and their personal financial statements to determine the members' credit standing, ability to pay, and stability of employment. This analysis assists the Department in accurately assessing the credit risk regarding the loan amount and amortization period. *Agency form numbers, if applicable:* HUD-93232-A. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* An estimation of the total burden hours needed to prepare the information collection is 25. The number of respondents is 100 generating approximately 100 annual responses; the frequency of response is on occasion; and the estimated time needed to prepare the response is 15 minutes. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing—Deputy Federal Housing Commissioner. [FR Doc. E7-1682 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5121-N-01] Notice of Proposed Information Collection: Comment Request; Request for Final Endorsement of Credit Instrument AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian Deitzer, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410 or *Lillian_L._Deitzer@hud.gov* . FOR FURTHER INFORMATION CONTACT: Joseph Malloy, Deputy Director, Office of Multifamily Development, Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, telephone

(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 agency's estimate of the burden of the proposed collection of information;

(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 the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Request for Final Endorsement of Credit Instrument. *OMB Control Number, if applicable:* 2502-0016. *Description of the need for the information and proposed use:* Form HUD-92023 is used to request final endorsement of the credit instrument by the Department. The mortgagee completes HUD-92023 to indicate the schedule of advances made on the project and the final advance to be disbursed immediately upon final endorsement. The reverse side of the form provides for certifications by the mortgagor and the general contractor that there will not be any outstanding unpaid obligations following receipt of the final advance of mortgage proceeds, except such obligations as may be approved by the Commissioner as to term, form and amount. *Agency form numbers, if applicable:* HUD-92023. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* The estimated number of respondents is 350, frequency of responses is 1, and the total number of annual burden hours requested is 350. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated January 26, 2007. Frank L. Davis, General Deputy Assistant Secretary for Housing, Federal Housing Commissioner. [FR Doc. E7-1683 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5123-N-01] Notice of Proposed Information Collection for Public Comment on The Community Development Work Study Program AGENCY: Office of the Assistant Secretary for Policy Development and Research, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comment Due Date:* April 3, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Reports Liaison Officer, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street, SW., Room 8234, Washington, DC 20410-6000. FOR FURTHER INFORMATION CONTACT: Susan Brunson, 202-708-3061, ext. 3852 (this is not a toll-free number), for copies of the proposed forms and other available documents. SUPPLEMENTARY INFORMATION: The Department of Housing and Urban Development will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(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 agency's estimate of the burden of the proposed collection of information;

(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 collection techniques or other forms of information technology ( *e.g.* , permitting electronic submission of responses). This Notice also lists the following information: *Title of Proposal:* Notice of Funding Availability for the Community Development Work Study Program. *OMB Control Number:* 2528-0175. *Description of the Need for the Information and Proposed Use:* The information is being collected to select applicants for award in this statutorily created competitive grant program and to monitor performance of grantees to ensure they meet statutory and program goals and requirements. *Agency Form Numbers:* SF-424, SF-424 Supplement, SF-LLL, HUD-424-CB, HUD-2730, HUD-2880, HUD-2993, HUD-2994-A, HUD 30007, HUD 30013, HUD 30014, HUD 30015, HUD-96011, and HUD-96010. *Members of the Affected Public:* Institutions of higher learning accredited by national or regional accrediting agencies recognized by the U. S. Department of Education, Area-Wide Planning Organizations (APO), and States. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* Information pursuant to grant award will be submitted once a year. The following chart details the respondent burden on an annual and semi-annual basis: Number of respondents Total annual responses Hours per response Total hours Applicants 60 60 40 2400 Semi-Annual Reports 60 60 6 360 Final Reports 30 30 8 240 Recordkeeping 30 30 5 150 Total 59 3150 *Status of the proposed information collection:* Pending OMB approval. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: January 29, 2007. Darlene F. Williams, Assistant Secretary for Policy Development and Research. [FR Doc. E7-1751 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5125-N-05] 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: *INTERIOR:* Ms. Linda Tribby, Acquisition & Property Management, Department of the Interior, 1849 C Street, NW., MS5512, Washington, DC 20240;

(202)513-0747; *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 25, 2007. Mark R. Johnston, Deputy Assistant Secretary for Special Needs. \ TITLE V, FEDERAL SURPLUS PROPERTY PROGRAM FEDERAL REGISTER REPORT FOR 02/02/2007 Suitable/Available Properties Building Alaska Seward Shea Quonset 218 Third Avenue Seward Co: Kenai Peninsula AK Landholding Agency: Interior Property Number: 61200710001 Status: Unutilized Comments: 864 sq. ft., most recent use—storage, off-site use only Seward Shea Shop 208 Third Avenue Seward Co: Kenai Peninsula AK 99664 Landholding Agency: Interior Property Number: 61200710002 Status: Unutilized Comments: 1960 sq. ft., most recent use—machine shop/storage, off-site use only Summary for Suitable/Available Properties = Total number of Properties 2 Unsuitable Properties Building California Bldg. 358 Sequoia National Park Three Rivers CA 93271 Landholding Agency: Interior Property Number: 61200710003 Status: Unutilized Reasons: Extensive deterioration Florida Tract 105-07 Peter Heebner Home New Smyrna Beach FL Landholding Agency: Interior Property Number: 61200710004 Status: Unutilized Reasons: Extensive deterioration Nevada Units 501-521 Naval Air Station Fallon NV Landholding Agency: Navy Property Number: 77200710017 Status: Excess Reasons: Secured Area Unsuitable Properties Building New York Kussius House & Shed Saratoga Natl Historic Park Stillwater NY 12170 Landholding Agency: Interior Property Number: 61200710005 Status: Unutilized Reasons: Extensive deterioration North Carolina Trailer 81 Carl Sandburg Lane Flat Rock Co: Henderson NC 28731 Landholding Agency: Interior Property Number: 61200710006 Status: Unutilized Reasons: Extensive deterioration Puerto Rico Bldgs. 59, C-48, B-6A National Historic Site San Juan Co: La Perla PR Landholding Agency: Interior Property Number: 61200710007 Status: Unutilized Reasons: Extensive deterioration Unsuitable Properties Building Virginia Bldgs. 325, 321 Skyline Drive Luray Co: Page VA 22835 Landholding Agency: Interior Property Number: 61200710008 Status: Excess Reasons: Extensive deterioration Washington Bldg. 134 North Cascades Natl Park Stehekin Co: Chelan WA 98852 Landholding Agency: Interior Property Number: 61200710009 Status: Unutilized Reasons: Extensive deterioration Summary for Unsuitable Properties = Total number of Properties 11 Summary of all Properties = Suitable/Available Properties Suitable/Unavailable Properties Suitable/To Be Excessed ** Suitable/ Undefined ** Total Suitable Total Unsuitable Total number of Properties Properties Resubmitted [FR Doc. E7-1456 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5076-D-18] Order of Succession for the Office of the Chief Financial Officer AGENCY: Office of the Chief Financial Officer, HUD. ACTION: Notice of Order of Succession. SUMMARY: In this notice, the Chief Financial Officer of the Department of Housing and Urban Development designates the Order of Succession for the Office of the Chief Financial Officer. This Order of Succession supersedes the Order of Succession for the Office of the Chief Financial Officer published on April 11, 2002. DATES: *Effective Date:* January 12, 2007. FOR FURTHER INFORMATION CONTACT: Jeannetta M. Evans, Acting Administrative Officer, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 3126, Washington, DC 20410; telephone

(202)708-0313 (this is not a toll-free number). A telecommunications device for hearing- and speech-impaired persons

(TTY)is available by calling the Federal Information Relay Service at

(800)877-8339. SUPPLEMENTARY INFORMATION: The Chief Financial Officer for the Department of Housing and Urban Development is issuing this Order of Succession of officials authorized to perform the functions and duties of the Office of the Chief Financial Officer when, by reason of absence, disability, or vacancy in office, the Chief Financial Officer is not available to exercise the powers or perform the duties of the office. This Order of Succession is subject to the provisions of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345-3349d). Accordingly, the Chief Financial Officer designates the following Order of Succession: Section A. Order of Succession Subject to the provisions of the Federal Vacancies Reform Act of 1998, during any period when, by reason of absence, disability, or vacancy in office, the Chief Financial Officer is not available to exercise the powers or perform the duties of the Chief Financial Officer, the following officials within the Office of the Chief Financial Officer are hereby designated to exercise the powers and perform the duties of the Office:

(1)Deputy Chief Financial Officer;

(2)Assistant Chief Financial Officer for Budget;

(3)Assistant Chief Financial Officer for Accounting;

(4)Assistant Chief Financial Officer for Financial Management;

(5)Assistant Chief Financial Officer for Systems. These officials shall perform the functions and duties of the Office of the Chief Financial Officer in the order specified herein, and no official shall serve unless all the other officials, whose position titles precede his/hers in this Order, are unable to act by reason of absence, disability, or vacancy in office. Section B. Authority Superseded This Order of Succession supersedes the Order of Succession for the Office of the Chief Financial Officer published on April 11, 2002 (67 FR 17710). Authority: Sec. 7(d), Department of Housing and Urban Development Act, 42 U.S.C. 3535(d). Dated: January 12, 2007. John W. Cox, Chief Financial Officer. [FR Doc. E7-1753 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5130-N-01] Privacy Act of 1974; New System of Records, Audit Resolution and Corrective Action Tracking System, HUD/CFO-02 AGENCY: Office of the Chief Information Officer, HUD. ACTION: Establish a new privacy act system of records. SUMMARY: HUD proposes to establish a new record system to add to its inventory of systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed new system of records identified as HUD/CFO-02, entitled Audit Resolution and Corrective Action Tracking System (ARCATS, P136) will be used by the HUD to track and monitor Audits and Recommendations issued by the Office of the Inspector General

(OIG)and the Government Accountability Office (GAO), and will reflect the disposition of funds granted, loaned, or administered for key Audits resolutions for the Department. DATES: *Effective Date:* This action will be effective without further notice on March 5, 2007 unless comments are received that would result in a contrary determination. *Comments Due Date:* March 5, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this new system of records to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500. Communications should refer to the above docket number and title. Facsimile

(FAX)comments are not acceptable. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. FOR FURTHER INFORMATION CONTACT: Jeanette Smith, Departmental Privacy Act Officer, telephone number

(202)708-2374, or Gail B. Dise, Assistant Chief Financial Officer for Systems, telephone number

(202)708-0614, x3749. (These are not toll free numbers.) SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)

(4)and

(11)provide that the public be afforded a 30-day period in which to comment on the new record system. The new system report, as required by 5 U.S.C. 552a(r) of the Privacy Act was submitted to the Committee on Governmental Affairs of the United States Senate, the Committee on Government Reform and Oversight of the House of Representatives, and the Office of Management and Budget

(OMB)pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, Federal Agency Responsibilities for Maintaining Records About Individuals, dated June 25, 1993 (58 FR 36075, July 2, 1993). Authority: 5 U.S.C. 552a. Dated: January 26, 2007. Lisa Schlosser, Chief Information Officer. HUD/CFO-02 System name: Audit Resolution and Corrective Action Tracking System (ARCATS-P136) System location: HUD Headquarters and field offices. Categories of individuals covered by the system: HUD Headquarters, Office of the Inspector General

(OIG)and Field Office Personnel; subjects of audits. Categories of records in the system: Name, social security number, date of birth, education, financial transactions, medical history, and criminal or employment history. Authority for maintenance of the system: Federal Managers Financial Integrity Act of 1982 (Pub. L. 97-255, HR 1526); Sec. 113 of the Accounting and Auditing Act of 1950 (31 U.S.C. 66a) Purpose(s): The purpose of the system of records is audit resolution. Routine users are as follows: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, other routine uses are as follows:

(a)To the HUD OIG—to facilitate audit resolution and U.S. Treasury—for disbursements and adjustments thereof;

(b)To designated HUD users—to facilitate audit resolution. Disclosure to consumer reporting agencies: N/A. This is simply a tracking system used to facilitate audit resolution. Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage: Records are stored on electronic files or magnetic tape/disc/drum. Retrievability: Records may be retrieved by clicking on Document Link which opens document containing the personally identifiable information. Safeguards employed include: Background screening, limited authorizations and access, security guards; computer records are maintained in secure areas with access limited to authorized personnel and technical restraints employed with regard to accessing the records; access to automated systems by authorized users by passwords and code identification cards. Retention and disposal Are in accordance with GSA schedules of retention and disposal. System Manager(s)and address: Assistant Chief Financial Officer for Systems, Office of the Chief Financial Officer, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410. Notification and Record Access Procedures: Individuals seeking to determine whether this system of record contains information about them, or those seeking access to such records, should address inquiries to the Assistant Chief Financial Office Systems, Office of the Chief Financial Officer, 451 Seventh Street, SW., Washington, DC 20410. Contesting record procedures: The procedures for requesting amendment or correction of records appear in 24 CFR part 16. If additional information or assistance is required, contact the Privacy Act Appeals Officer, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410 Record source categories: Subject individuals; other individuals; financial institutions, private corporations or firms doing business with HUD; Federal and non-Federal Governmental agencies; HUD personnel. Exemptions from certain provisions of the Act: None. [FR Doc. E7-1752 Filed 2-1-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Final Bison and Elk Management Plan and Environmental Impact Statement AGENCY: Fish and Wildlife Service, National Park Service, Interior. ACTION: Notice of availability. SUMMARY: The U.S. Fish and Wildlife Service and the National Park Service, U.S. Department of the Interior, as lead agencies, announce the fnal Bison and Elk Management Plan

(Plan)and Environmental Impact Statement

(EIS)for the National Elk Refuge and Grand Teton National Park/John D. Rockefeller, Jr., Memorial Parkway (Grand Teton National Park) is available. The final Plan/EIS was prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 668dd, et. seq.); the National Park Service Management Policies of 2006; and the National Environmental Policy Act (NEPA). The final Plan/EIS was prepared in cooperation with the U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS); the U.S. Department of Agriculture Forest Service; the Bureau of Land Management (BLM); and the State of Wyoming Game and Fish Department (WGFD). The final Plan/EIS describes the U.S. Fish and Wildlife Service's and the National Park Service's proposal for management of the Jackson bison and elk populations within their respective jurisdictions for 15 years, beginning at the issuance of a Record of Decision

(ROD)on the final Plan/EIS. The effects of six alternatives for the management of bison and elk populations for the National Elk Refuge and Grand Teton National Park are disclosed in the final Plan/EIS. DATES: A ROD selecting the Preferred Alternative for implementation of the Bison and Elk Management Plan will be signed by the Regional Directors for the U.S. Fish and Wildlife Service (Region 6) and the National Park Service (Intermountain Region) no sooner than 30 days after the publication of this notice. March 5, 2007. ADDRESSES: To review or obtain a copy of the final Plan/EIS, or to review public comments and hearing testimony, see “Document Review” under SUPPLEMENTARY INFORMATION . FOR FURTHER INFORMATION CONTACT: Laurie Shannon, Planning Team Leader, Region 6, 134 Union Boulevard, Lakewood, Colorado 80028, 303-236-4317 (phone); 303-236-4792 (fax); *laurie_shannon@fws.gov* (e-mail). SUPPLEMENTARY INFORMATION: The National Elk Refuge and Grand Teton National Park are located north of Jackson, Wyoming. Together with the Bridger-Teton National Forest, they make up most of the southern half of the Greater Yellowstone Ecosystem. The National Elk Refuge comprises approximately 24,700 acres, Grand Teton National Park comprises 309,995 acres, and the John D. Rockefeller Jr., Memorial Parkway is approximately 23,777 acres. The Jackson bison and elk herds make up one of the largest concentrations of free-ranging ungulates in North America. Currently, these herds number about 1,000 bison and 13,000 elk. The herds migrate across several jurisdictional boundaries, including Grand Teton National Park and southern Yellowstone National Park, Bridger-Teton National Forest, BLM resource areas, and State and private lands, before they winter primarily on the National Elk Refuge. Due to the wide range of authorities and interests, including management of resident wildlife by the State of Wyoming on many federal lands, the U.S. Fish and Wildlife Service and the National Park Service have used a cooperative approach to management planning involving all of the associated federal agencies and the WGFD. A bison management plan (Jackson Bison Herd Long Term Management Plan and Environmental Assessment) was developed by the National Park Service and the U.S. Fish and Wildlife Service, in cooperation with the WGFD and the Bridger-Teton National Forest, and finalized in September 1996. In 1998, a lawsuit was brought by the Fund for Animals enjoining most federal management actions proposed in the 1996 plan. The court ruled that the destruction of bison on federal lands for population control purposes could not be carried out until additional NEPA compliance was completed for those actions. The court also directed that additional NEPA compliance consider the effects on the Jackson bison population of the supplemental winter-feeding of elk on the National Elk Refuge. Significant issues addressed in the final Plan/EIS include: Bison and elk populations and their ecology; restoration of habitat and management of other species of wildlife; supplemental winter feeding operations of bison and elk; disease prevalence and transmission; recreational opportunities; cultural opportunities and western traditions and lifestyles; commercial operations; and the local and regional economy. The U.S. Fish and Wildlife Service and the National Park Service, in cooperation with the WGFD and the other federal agencies, developed six alternatives for the management of bison and elk. These alternatives, as presented in the final Plan/EIS, include: Alternative 1—No Action; Alternative 2—Minimal Management of Habitat and Populations, Support Migration; Alternative 3—Restore Habitat, Support Migration, and Phase Back Supplemental Feeding; Alternative 4—Adaptively Manage Habitat and Populations; Alternative 5—Restore Habitat, Improve Forage, and Continue Supplemental Feeding; and Alternative 6—Restore Habitat, Adaptively Manage Populations, and Phase Out Supplemental Feeding. Alternative 4, the agencies' Preferred Alternative in the final EIS, balances the major issues and stakeholder perspectives identified during the planning process, with the purposes, missions, and management policies of the U.S. Fish and Wildlife Service and the National Park Service. Assuming the WGFD's herd objective of 11,000 had been met, and that higher numbers of elk would use the winter range, the agencies would recommend that approximately 5,000 elk and 500 bison winter on the National Elk Refuge at the end of the first phase of implementation. The elk hunt on the National Elk Refuge, and elk herd reductions as needed in Grand Teton National Park would continue. A public bison hunt would be instituted on the National Elk Refuge and managed in accordance with the State of Wyoming licensing requirements and an approved refuge hunting plan. As herd sizes and objectives were achieved, further reductions in feeding or elk numbers could occur based on established criteria developed in collaboration with WGFD. On July 21, 2005, the Fish and Wildlife Service and the National Park Service announced the availability of the draft Plan/EIS for public review and comment in the **Federal Register** (70 FR 42089-42090). During the public review period, the U.S. Fish and Wildlife Service and the National Park Service held a series of public open houses and formal hearings in Bozeman, Montana; Jackson, Wyoming; and Riverton, Wyoming, to allow public input on the proposed management plan and its alternatives. During the draft Plan/EIS comment period that occurred from July 21, 2005 to November 7, 2005, the agencies received more than 11,900 comments from 241 individuals (public hearing testimony, letters, and e-mails); 37 agencies or organizations; and 1,751 form letters or petitions. Some of the significant changes from the draft Plan/EIS that resulted from public comments include: 1. *For all alternatives, the inclusion of a statement clarifying the desired conditions to be achieved by the end of 15-year plan.* This statement briefly describes what the agencies intend to accomplish by implementing the plan. The goals of the plan, which include habitat conservation, sustainable populations, numbers of elk and bison, and disease management, would essentially remain the same with minor word changes to the sustainable population goal for Grand Teton National Park and the John D. Rockefeller, Jr., Memorial Parkway. 2. *Modification of Alternative 4 (Preferred Alternative) to emphasize adaptive management of habitat and populations.* The agencies, in cooperation with WGFD, would use existing conditions, trends, new research findings, and other changing circumstances to provide the basis for developing and implementing a dynamic framework for decreasing the need for supplemental food on the National Elk Refuge. As modified, Alternative 4 would not identify the number of years supplemental feeding would occur, but instead would emphasize achievement of the desired conditions by the end of the plan. Alternative 4 would implement a phased approach to reducing feeding, but would not dictate a timeline for phasing out or reducing feeding. Following implementation of the first phase, approximately 5,000 elk would be expected to winter on the refuge. As habitat objectives and herd sizes were achieved, further reductions in feeding or elk numbers could occur based on established criteria developed in collaboration with WGFD. 3. *Target population for bison.* Under Alternative 4, the agencies would work cooperatively with WGFD to maintain and ensure a genetically viable population of approximately 500 bison. The target bison population in Alternative 6 was modified to be about 500 animals instead of 400. 4. *Modification of the bison hunt.* Under Alternative 4, a public bison hunt on the refuge would be used to reduce the bison population to approximately 500 animals in accordance with the State of Wyoming licensing regulations and an approved refuge hunting plan. The U.S. Fish and Wildlife Service could potentially allow for the removal of a small number of bison by Native American tribes for ceremonial purposes, but unlike Alternative 3 and 6, it would not specify that it would be provided. 5. *Development of a framework and criteria to reduce feeding.* A key element of the modified Alternative 4 would be the development of a framework, developed in collaboration with WGFD, that would identify criteria necessary for progressively transitioning from intensive supplemental winter feeding to greater reliance on free-standing forage based on forage production, herd sizes, effective mitigation of bison-elk-cattle mingling on private lands, winter distribution patterns of elk and bison, prevalence of diseases, and public support. 6. *Mitigation of conflicts on adjacent lands.* Alternative 4 would adopt the mitigation components of Alternative 6 to work with private and agency partners to minimize conflicts with adjacent landowners by providing human and/or financial resources to manage co-mingling and reduce crop depredation by elk and/or bison on private lands. 7. *Vaccination of elk and bison.* Alternative 4, as modified, would accommodate WGFD vaccination of elk and bison for brucellosis on the refuge as long as it was logistically feasible and safe for wildlife. 8. *Public education component.* Alternative 4 would include the initiation of a public education effort to build understanding of natural elk and bison behavior, ecology, distribution, disease implications, and effects to other species. All substantive issues raised in the comments were addressed in the final Plan/EIS. Responses to comments are included as a companion document to the final Plan/EIS. Public comments and hearing testimony are also available for review at the National Elk Refuge Headquarters, 675 East Broadway, Jackson, Wyoming 83001, during normal business hours. All information provided voluntarily by mail, phone, or at public meetings becomes part of the official public record (i.e., names, addresses, letters of comment, input recorded during meetings). If requested under the Freedom of Information Act by a private citizen or organization, the U.S. Fish and Wildlife Service may provide copies of such information. The environmental review of this project will be conducted in accordance with the requirements of the NEPA Act of 1969, as amended (42 U.S.C. 4321 *et seq.* ); Council on Environmental Quality NEPA Regulations); other appropriate Federal laws and regulations; Executive Order 12996; the National Wildlife Refuge System Improvement Act of 1997; and U.S. Fish and Wildlife Service policies and procedures for compliance with those laws and regulations. Document Review Final Plan/EIS A copy of the final Plan/EIS may be obtained by writing to: Jackson Bison and Elk Management Planning Office, P.O. Box 510, Jackson, Wyoming 83001; by telephone: 307-733-9212; by e-mail: *bisonelk_planning@fws.gov* ; or by download from the project Web site: *http://bisonandelkplan.fws.gov.* The final Plan/EIS will be available for reading at the following main branch libraries: State of Wyoming: Albany County—Laramie; Fremont County—Dubois, Lander, and Riverton; Laramie County—Cheyenne; Lincoln County—Afton; Park County—Cody; Natrona County—Casper; Sheridan County—Sheridan; Sublette County—Pinedale and Big Piney; Sweetwater County—Rock Springs; and Teton County—Jackson and Alta. State of Idaho: Idaho Falls, Rexburg, Swan Valley and Victor. State of Montana: Bozeman, Livingston, Missoula, and Ennis. State of Colorado: Denver and Fort Collins. It will also be available at the following colleges and universities: State of Wyoming: Casper College Library, Casper; Central Wyoming College Library, Riverton; University of Wyoming Library, Laramie; Northwest College Library, Powell; Sheridan College Library, Sheridan; and Western Wyoming College Library, Rock Springs. State of Montana: Montana State University Library, Bozeman; and the University of Montana Library, Missoula. State of Idaho: Albertsons Library, Boise State University, Boise; University of Idaho Library, Moscow. State of Colorado: Colorado State University Library, Fort Collins. Dated: November 9, 2006. James J. Slack, Deputy Regional Director, Region 6, Denver, Colorado. [FR Doc. E7-1605 Filed 2-1-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Souris River Basin National Wildlife Refuges, North Dakota AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; request for comments. SUMMARY: The U.S. Fish and Wildlife Service (Service) announces that the draft Comprehensive Conservation Plan

(CCP)and Environmental Assessment

(EA)for the Souris River Basin National Wildlife Refuges (Refuges) is available. This draft CCP/EA describes how the Service intends to manage these Refuges for the next 15 years. We request public comment. DATES: We must receive written comments on the draft CCP/EA by March 19, 2007. Submit comments by one of the methods under ADDRESSES . ADDRESSES: Please provide written comments to Toni Griffin, Planning Team Leader, Division of Refuge Planning, Branch of Comprehensive Conservation Planning, Mountain-Prairie Region, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225-0486, or electronically to *toni_griffin@fws.gov* . A copy of the CCP may be obtained by writing to U.S. Fish and Wildlife Service, Division of Refuge Planning, 134 Union Boulevard, Suite 300, Lakewood, Colorado 80228; or by download from *http://mountain-prairie.fws.gov/planning.* FOR FURTHER INFORMATION CONTACT: Toni Griffin, 303-236-4378 (phone); 303-236-4792 (fax); *toni_griffin@fws.gov* (e-mail). SUPPLEMENTARY INFORMATION: The Souris River Basin is home to three national wildlife refuges: The Des Lacs National Wildlife Refuge, located along 28 miles of the Des Lacs River; the J. Clark Salyer National Wildlife Refuge, located along 50 miles of the Souris River; and the Upper Souris National Wildlife Refuge, located along 35 miles of the upper Souris River. The Refuges are collectively known as the Souris River Basin National Wildlife Refuges. The Refuges were established by Executive Order in 1935. The purpose of each Refuge is for a “refuge and breeding ground for migratory birds and other wildlife.” The Refuges are located in a critical area of the Central Flyway, providing nesting and breeding habitat for migrating and nesting waterfowl. The J. Clark Salyer National Wildlife Refuge, in particular, has developed into one of the most important duck production areas in the United States. The American Bird Conservancy recognizes all three Refuges as “Globally Important Bird Areas.” In addition, J. Clark Salyer National Wildlife Refuge is designated as a regional shorebird site in the “Western Hemisphere Shorebird Reserve Network.” Lake Darling, located on Upper Souris National Wildlife Refuge, is designated as a critical habitat for the federally threatened piping plover. Representing a comprehensive collection of all North Dakota plant communities, these Refuges could contain the only remaining representatives of drift plain prairie, considered a threatened resource. This draft CCP/EA identifies and evaluates four alternatives for managing the Refuges for the next 15 years. Alternative A, the No Action alternative, reflects the current management of the Refuges. It provides the baseline against which to compare the other alternatives. Refuge habitats would continue to be managed on an opportunistic schedule that may maintain—or most likely would result in further decline in—the diversity of vegetation and wildlife species. Des Lacs National Wildlife Refuge and J. Clark Salyer National Wildlife Refuge would continue to perform only limited research and would monitor only long-term vegetation change. Upper Souris National Wildlife Refuge would continue to perform no scientific research or monitoring. Outreach, partnerships, and priority public uses (fishing, hunting, wildlife observation, wildlife photography, environmental education, and interpretation) would continue at present levels. Alternative B is the Service's proposed action and basis for the draft CCP. This alternative would prioritize habitats with high probability of restoration for management. Other habitats may only be partially restored or minimally managed. Research and monitoring would increase, and scientific knowledge required to restore upland and wetland plant and animal communities would be shared (with the public and other resource managers). Some visitor services would be expected to decrease as some staff and funding shift to habitat restoration. Environmental education would increase. In Alternative C, waterfowl habitat management and waterfowl production would be emphasized over other refuge programs. Research and monitoring would focus on actions that enhance waterfowl habitat, increase waterfowl nest densities, and increase nest and brood survival. Visitor service programs that use or enhance waterfowl-related activities, such as hunting, wildlife viewing, or environmental education, would be emphasized over other activities. Management under Alternative D would restore, to the fullest extent, ecological processes, vegetation communities, and wildlife characteristic of the presettlement period. Research and monitoring efforts would focus on strategies that enhance native plant and animal communities. Public uses that are compatible with or that support restoration efforts would be emphasized. Interpretation and environmental education would be expanded, with an emphasis on natural plant and animal communities, ecological processes, and restoration. The proposed action (Alternative B) was selected because it best meets the purpose and goals of the Refuges, as well as the goals of the National Wildlife Refuge System. The proposed action will also benefit federally listed species, shore birds, migrating and nesting waterfowl, and neotropical migrants. Environmental education and partnerships will result in improved wildlife-dependent recreational opportunities. Cultural and historical resources as well as federally listed species will be protected. Opportunity for public input will be provided at a public meeting to be scheduled soon. The specific date and time for the public meeting is yet to be determined, but will be announced via local media and a newsletter. All information provided voluntarily by mail, by phone, or at public meetings (e.g., names, addresses, letters of comment, input recorded during meetings) becomes part of the official public record. If requested under the Freedom of Information Act by a private citizen or organization, the Service may provide copies of such information. The environmental review of this project will be conducted in accordance with the requirements of the National Environmental Policy Act

(NEPA)of 1969, as amended (42 U.S.C. 4321 *et seq.* ); NEPA Regulations (40 CFR parts 1500-1508); other appropriate Federal laws and regulations; Executive Order 12996; the National Wildlife Refuge System Improvement Act of 1997; and Service policies and procedures for compliance with those laws and regulations. Dated: October 3, 2006. James J. Slack, Deputy Regional Director, Region 6, Denver, CO. Editorial Note: This document was received at the Office of the Federal Register on January 30, 2007. [FR Doc. E7-1712 Filed 2-1-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-029-1310-DS 050E] Notice of Availability of the Draft Supplement to the Statewide Oil and Gas Final Environmental Impact Statement and Amendment of the Powder River and Billings Resource Management Plans (RMPs), Montana AGENCY: Bureau of Land Management, Interior. ACTION: Notice of availability. SUMMARY: By Order of the U.S. District Court for the District of Montana, pursuant to the Federal Land Policy and Management Act of 1976 and the National Environmental Policy Act of 1969 (42 U.S.C. 4321), as amended, the Bureau of Land Management

(BLM)has prepared a Draft Supplement to the Statewide Oil and Gas Final Environmental Impact Statement and will amend the Powder River and Billings RMPs (Draft SEIS/Amendment). DATES: The 90-day public comment period will begin the date the Environmental Protection Agency

(EPA)publishes their Notice of Availability in the **Federal Register** . Tentative public meetings to gather comments on the draft will be held in Montana at the following locations: Billings, March 26, 2007; Hardin, March 27, 2007; Lame Deer, March 28, 2007; Broadus, March 29, 2007; and Miles City, March 30, 2007. ADDRESSES: You may submit comments by any of the following methods (your name and mailing address must be submitted as part of your comments): • *Web Site:* *http://www.blm.gov/eis/mt/milescity_seis/.* • *Fax:*

(406)233-2921. • *Mail:* CBNG Draft SEIS Comments, Bureau of Land Management, P.O. Box 219, Miles City, Montana 59301 or deliver to 111 Garryowen Road, Miles City, Montana. FOR FURTHER INFORMATION CONTACT: Mary Bloom, Project Manager, BLM,

(406)233-2852. SUPPLEMENTARY INFORMATION: The Powder River and Billings RMP areas comprise 1,506,011 acres of BLM managed surface and 5,009,784 acres of BLM managed mineral estate. There are 3,185,016 acres of BLM managed oil and gas. The Powder River RMP area includes Powder River and Treasure Counties; and portions of Big Horn, Carter, Custer, and Rosebud Counties. The Billings RMP area includes Carbon, Golden Valley, Musselshell, Stillwater, Sweet Grass, Wheatland, and Yellowstone Counties and the remaining portion of Big Horn County. This Draft SEIS is supplementing the 2003 *Statewide Oil and Gas Final Environmental Impact Statement and Amendment of the Powder River and Billings RMPs* (Statewide Document). The Notice of Availability was published in the **Federal Register** on January 17, 2003, and the Record of Decision was approved on April 30, 2003. Several lawsuits were filed against the BLM decision immediately following the publication of the Record of Decision. Two of the lawsuits resulted in an April 5, 2005, ruling by the U.S. District Court ordering the BLM to prepare a Supplemental EIS to consider a phased development alternative for coal bed natural gas

(CBNG)production in the Billings and Powder River RMP areas of Montana. Topics addressed in the Draft SEIS/Amendment include those provided or recommended by the U.S. District Court: Phased CBNG development; the inclusion of the proposed Tongue River Railroad in the cumulative impact analysis; and a discussion on how private water well mitigation agreements help alleviate the impacts of methane migration and groundwater drawdown. The BLM published the Notice of Intent to plan for the SEIS/Amendment in the **Federal Register** on August 5, 2005. A 30-day scoping period was held to help the BLM define “phased development” and to identify relevant issues that should be considered and analyzed in the Draft SEIS/Amendment. The Draft SEIS/Amendment has been prepared by an interdisciplinary team of specialists with expertise in archeology, air quality, economics, fisheries, geology, hydrology, minerals, paleontology, recreation, sociology, soils, vegetation and wildlife. Three new alternatives have been analyzed in the Draft SEIS/Amendment to consider phased development. Under Alternative F, the BLM would limit the number of federal applications for permit to drill

(APD)approved each year cumulatively and in each fourth order watershed. The BLM would also limit the percentage of disturbance within identified crucial sagebrush habitat. Finally, the BLM would place a limit on the volume of untreated water discharged to surface waters from federal CBNG wells within each fourth order watershed. Under Alternative G, development of CBNG on federal leases in the Billings and Powder River RMP areas would be done following the same management actions as described under Alternative F. However, while BLM would limit the number of federal APDs approved each year cumulatively, development would be limited to a low range of predicted wells (6,470) from the Statewide Document Reasonably Foreseeable Development scenario. Alternative H, the BLM's preferred alternative, has three key components. First, a phased development approach would be implemented where CBNG proposals would be reviewed against four filters or screens to determine if the proposal needs to be modified. Second, this alternative would include extensive requirements that an operator must meet when submitting a Plan of Development (POD). Third, mitigation measures and subsequent modifications to existing operations via adaptive management would be considered and applied to each POD, as appropriate. Comments and information submitted on the Draft SEIS/Amendment, including names, email addresses, and street addresses of respondents, will be available for public review and disclosure at the above address. The BLM will not accept anonymous comments. Individuals may request confidentiality. Individuals who wish to withhold their names or addresses from public review or from disclosure under the Freedom of Information Act must state this prominently at the beginning of their written comments. Such requests will be honored to the extent allowed by law. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. Donald S. Smurthwaite, Acting State Director. [FR Doc. E7-1694 Filed 2-1-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Sunil Bhasin, M.D.; Revocation of Registration On August 4, 2005, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration, issued an Order to Show Cause to Sunil Bhasin, M.D. (Respondent), of San Bernardino, CA. The Show Cause Order proposed to revoke Respondent's Certificate of Registration, BB2195116, as a practitioner, on the ground that Respondent had surrendered his California medical license, and was therefore without authority to handle controlled substances in the state where he practiced medicine. Show Cause Order at 1. The Show Cause Order further notified Respondent of his right to a hearing. *Id.* at 2. The Show Cause Order was served by certified mail, return receipt requested. On September 2, 2005, Respondent acknowledged receipt of the Show Cause Order as demonstrated by the signed return receipt card which is contained in the investigative file. In a letter dated September 5, 2005, Respondent wrote the Deputy Assistant Administrator asserting that he had rejected the Medical Board of California's settlement stipulation. Respondent further asserted that the stipulation was illegal because its terms were illusory, fraudulent and unconscionable and that he was litigating these issues in federal district court. On September 26, 2005, the Government filed a request with the Office of Administrative Law Judges to docket the matter for a hearing. While the Government noted that Respondent “did not specifically request a hearing,” it expressed the view that the case required an on-the-record “factual determination of the licensing issue” before the case was transmitted to me for final agency action. Govt. Req. to Docket Matter for Hearing at 1. Simultaneously, the Government moved for summary disposition. The basis of the Government's motion was that a Diversion Investigator

(DI)would testify that she had received documents from the Medical Board of California

(MBC)which showed that Respondent had surrendered his state license on September 27, 2004, that the MBC had adopted the surrender stipulation on December 6, 2004, and that the MBC Web site indicated that Respondent's license had been surrendered. Id. at 1-2. Attached to the motion were documents supporting each of the Government's contentions. The matter was assigned Administrative Law Judge

(ALJ)Mary Ellen Bittner. On October 7, 2005, the ALJ issued a Memorandum to Parties (Memo 1). In Memo 1, the ALJ offered Respondent the opportunity to respond to the Government's request to docket the matter for hearing no later than October 31, 2005. Memo 1, at 2. A copy of Memo 1 was sent to Respondent by certified mail. The mailing, however, was returned unclaimed. Thereafter, the ALJ issued a new Memorandum to Parties which offered Respondent the opportunity to respond to the Government's request by December 19, 2005. Memorandum to Parties 1 (Nov. 28, 2005) (Memo 2). The ALJ further directed that Memo 2 be sent to Respondent by both registered mail with restricted delivery and first class mail. See id. Again, Respondent did not respond. See Memorandum to Parties 2 (Mar. 24, 2006) (Memo 3). Thereafter, on January 19, 2006, the Government moved to terminate the proceedings. Motion to Terminate Proceedings 1. The Government also requested that the ALJ find that Respondent had waived his right to a hearing. Id. On March 24, 2006, the ALJ issued a further Memorandum to Parties (Memo 3). In Memo 3, the ALJ offered Respondent the opportunity to respond to the Government's motion to terminate by April 13, 2006. Memo 3, at 2. When once again, Respondent failed to respond, the ALJ granted the Government's motion and ordered that the proceedings be terminated. See Order Terminating Proceedings 2. In her order, the ALJ also found that Respondent had failed to request a hearing and had waived his right to a hearing. See id. The investigative file was then forwarded to me for final agency action. I adopt the ALJ's finding that Respondent has waived his right to a hearing. I therefore enter this final order without a hearing based on information contained in the investigative file. Findings Respondent holds DEA Certificate of Registration, BB2195116, which authorizes him to act as a practitioner under the Controlled Substances Act. Respondent's registered location is 909 N. D Street, San Bernardino, CA. Respondent's registration does not expire until July 31, 2007. Respondent was also the holder of a Physician and Surgeon's license (G67327) issued by the Medical Board of California. According to the official records of the Medical Board (which were checked on December 18, 2006), Respondent surrendered his license with an effective date of December 16, 2004. Moreover, Respondent has submitted no evidence to this Agency showing that the State's order has been vacated or that he has been granted a new license. Respondent therefore lacks authority under California law to practice medicine and handle controlled substances. Discussion Under the Controlled Substances Act (CSA), a practitioner must be currently authorized to handle controlled substances in “the jurisdiction in which he practices” in order to maintain a DEA registration. See 21 U.S.C. 802(21) (“[t]he term ‘practitioner’ means a physician * * * licensed, registered, or otherwise permitted, by * * * the jurisdiction in which he practices * * * to distribute, dispense, [or] administer * * * a controlled substance in the course of professional practice”). See also *id.* sec. 823(f) (“The Attorney General shall register practitioners * * * if the applicant is authorized to dispense * * *controlled substances under the laws of the State in which he practices.”). DEA has held repeatedly that the CSA requires the revocation of a registration issued to a practitioner whose state license has been suspended or revoked. See Sheran Arden Yeates, 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988). See also 21 U.S.C. 824(a)(3)(authorizing the revocation of a registration “upon a finding that the registrant * * * has had his State license or registration suspended [or] revoked * * * and is no longer authorized by State law to engage in the * * * distribution [or] dispensing of controlled substances”). Following service of the Show Cause Order, Respondent submitted a letter asserting that he had rejected the Medical Board's settlement stipulation. Respondent also contended that the stipulation was illegal because its terms were illusory, fraudulent and unconscionable. As found above, the official records of the Medical Board of California indicate that Respondent does not hold a current state medical license and therefore is without authority to handle controlled substances in the State where he is registered with DEA. As for Respondent's conclusory assertions regarding the illegality of the stipulation, DEA precedents hold that a registrant can not collaterally attack the results of a state criminal or administrative proceeding in a proceeding under section 304 of the CSA. See Shahid Musud Siddiqui, 61 FR 14818, 14818-19 (1996); Robert A. Leslie, 60 FR 14004, 14005 (1995). Thus, even if Respondent had submitted evidence establishing the illegality of the stipulation, a DEA Show Cause Proceeding is not the proper forum to litigate the issue. Because Respondent lacks authority under California law to handle controlled substances, he is not entitled to maintain his DEA registration. Order Accordingly, pursuant to the authority vested in me by 21 U.S.C. 823(f) & 824(a), as well as 28 CFR 0.100(b) & 0.104, I hereby order that DEA Certificate of Registration, BB2195116, issued to Sunil Bhasin, M.D., be, and it hereby is, revoked. I further order that any pending applications for renewal or modification of such registration be, and they hereby are, denied. This order is effective March 5, 2007. Dated: January 26, 2007. Michele M. Leonhart, Deputy Administrator. [FR Doc. E7-1711 Filed 2-1-07; 8:45 am] BILLING CODE 4410-09-P DEPARTMENT OF JUSTICE Parole Commission Record of Vote of Meeting Closure (Public Law 94-409) (5 U.S.C. 552b) I, Edward F. Reilly, Jr., Chairman of the United States Parole Commission, was present at a meeting of said Commission, which started at approximately 1:30 p.m., on Wednesday, January 24, 2007, at the U.S. Parole Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 20815. The purpose of the meeting was to decide two petitions for reconsideration pursuant to 28 C.F.R. 2.27. Four Commissioners were present, constituting a quorum when the vote to close the meeting was submitted. Public announcement further describing the subject matter of the meeting and certifications of General Counsel that this meeting may be closed by vote of the Commission present were submitted to the Commissioners prior to the conduct of any other business. Upon motion duly made, seconded, and carried, the following Commissioners voted that the meeting be closed: Edward F. Reilly, Jr., Cranston J. Mitchell, Isaac Fulwood, Jr., and Patricia Cushwa. *In witness whereof,* I make this official record of the vote taken to close this meeting and authorize this record to be made available to the public. Dated: January 25, 2007. Edward F. Reilly, Jr., Chairman, Parole Commission. [FR Doc. 07-456 Filed 2-1-07; 8:45 am]

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