Notices. Notice of Retraction of a Modified System of Records

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BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P; 7535-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Retraction of a Modified System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of Retraction of a Modified System of Records. SUMMARY: The Centers for Medicare & Medicaid Services CMS inadvertently published a modification to its existing system of records titled “Medicare Drug Data Processing System (DDPS)” System No. 09-70-0553 in the **Federal Register** on Thursday, February 22, 2007 (72 FR 7993).

CMS is withdrawing the February 22, 2007 modification to the DDPS system of records pending the conclusion of rulemaking that will support the routine uses of data contained in the system of records. The existing notice established at 70 FR 58436 (October 6, 2005) will remain the effective notice for the DDPS system of records. FOR FURTHER INFORMATION CONTACT: Inquiries may be directed to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

He can also be reached at 410-786-5357 or by e-mail at *walter.stone@cms.hhs.gov.* Dated: February 28, 2007. William Saunders, Acting Deputy Director, Office of Information Services, Centers for Medicare & Medicaid Services. [FR Doc. E7-4133 Filed 3-7-07; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974; Report of a Modified System of Records AGENCY: Department of Health and Human Services (HHS), Center for Medicare & Medicaid Services (CMS).

ACTION: Notice of a Modified System of Records (SOR). SUMMARY: In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify an existing system titled, “Medicare Learning Network

(MLN)Registration and Product Ordering System (REPOS),” No. 09-70-0542, most recently modified at 68 FR 35897 (June 17, 2003). We propose to modify existing routine use number 1 that permits disclosure to agency contractors and consultants to include disclosure to CMS grantees who perform a task for the agency. CMS grantees, charged with completing projects or activities that require CMS data to carry out that activity, are classified separate from CMS contractors and/or consultants. The modified routine use will remain as routine use number 1. We will delete routine use number 2 authorizing disclosure to support constituent requests made to a congressional representative. If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. Finally, we will delete the section titled “Additional Circumstances Affecting Routine Use Disclosures,” that addresses “Protected Health Information (PHI)” and “small cell size.” The requirement for compliance with HHS regulation “Standards for Privacy of Individually Identifiable Health Information” does not apply because this system does not collect or maintain PHI. In addition, our policy to prohibit release if there is a possibility that an individual can be identified through “small cell size” is not applicable to the data maintained in this system. We are modifying the language in the routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage. We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(Pub. L. 108-173) provisions and to update language in the administrative sections to correspond with language used in other CMS SORs. The primary purpose of the system of records is to collect and maintain information on health care providers, and other individuals ordering provider educational materials who voluntarily register for computer/web-based training courses, satellite broadcasts and train-the-trainer sessions. Information in this system will also be used to:

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

(2)to support litigation involving the Agency related to this system. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See Effective Dates section for comment period. DATES: *Effective Date:* CMS filed a modified SOR report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security & Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on February 7, 2007. To ensure that all parties have adequate time in which to comment, the modified system will become effective 30 days from the publication of the notice, or 40 days from the date it was submitted to OMB and the Congress, whichever is later. We may defer implementation of this system or one or more of the routine use statements listed below if we receive comments that persuade us to defer implementation. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., Eastern Time zone. FOR FURTHER INFORMATION CONTACT: Mary Case, Technical Advisor, Division of Provider Information Planning and Development (DPIPD), Providers Communications Group, Center for Medicare Management, CMS, Mail Stop C4-13-07, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. She can be reached by telephone at 410-786-0021 or e-mail *mary.case@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Description of the Modified System of Records A. Statutory and Regulatory Basis for SOR Authority for this collection is given under the provisions of Title IV of the Benefits Improvement Protection Act of 2000 (Public Law (Pub. L.) 106-554, Appendix F), Title IV of the Balanced Budget Act of 1997 (Pub. L. 105-33), and §§ 1816(a) and 1842(a)(3) of the Social Security Act. B. Collection and Maintenance of Data in the System This system will collect and maintain individually identifiable information and other data collected on health care providers, and other individuals ordering provider educational materials who voluntarily register for computer/Web-based training courses, satellite broadcasts and train-the-trainer sessions. Information collected will include, but is not limited to, the health care provider's first and last name, mailing address, provider type, facility type, telephone number, fax number and e-mail address. If CMS becomes an accredited provider of continuing education credits, this system may also contain social security number, provider identification number (UPIN/NPI), or tax identification number. II. Agency Policies, Procedures, and Restrictions on the Routine Use A. The Privacy Act permits us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such disclosure of data is known as a “routine use.” The Government will only release REPOS information that can be associated with an individual as provided for under “Section III. Proposed Routine Use Disclosures of Data in the System.” Both identifiable and non-identifiable data may be disclosed under a routine use. We will only collect the minimum personal data necessary to achieve the purpose of REPOS. CMS has the following policies and procedures concerning disclosures of information that will be maintained in the system. Disclosure of information from the system will be approved only to the extent necessary to accomplish the purpose of the disclosure and only after CMS: 1. Determines that the use or disclosure is consistent with the reason that the data is being collected; e.g., to collect and maintain information on health care providers, and other individuals ordering provider educational materials who voluntarily register for computer/Web-based training courses, satellite broadcasts and train-the-trainer sessions. 2. Determines that: a. The purpose for which the disclosure is to be made can only be accomplished if the record is provided in individually identifiable form; b. The purpose for which the disclosure is to be made is of sufficient importance to warrant the effect and/or risk on the privacy of the individual that additional exposure of the record might bring; and c. There is a strong probability that the proposed use of the data would in fact accomplish the stated purpose(s). 3. Requires the information recipient to: a. Establish administrative, technical, and physical safeguards to prevent unauthorized use of disclosure of the record; b. Remove or destroy, at the earliest time, all patient-identifiable information; and c. Agree to not use or disclose the information for any purpose other than the stated purpose under which the information was disclosed. 4. Determines that the data are valid and reliable. III. Modified Routine Use Disclosures of Data in the System A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To Agency contractors, consultants, or CMS grantees who have been contracted by the Agency to assist in accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contractual or similar agreement with a third party to assist in accomplishing CMS functions relating to purposes for this system. CMS occasionally contracts out certain of its functions when this would contribute to effective and efficient operations. CMS must be able to give a contractor, consultants, or grantees whatever information is necessary for the contractor to fulfill its duties. In these situations, safeguards are provided in the contract prohibiting the contractor, consultants, or grantees from using or disclosing the information for any purpose other than that described in the contract and to return or destroy all information at the completion of the contract. 2. To the Department of Justice (DOJ), court or adjudicatory body when a. The Agency or any component thereof; or b. Any employee of the Agency in his or her official capacity; or c. Any employee of the Agency in his or her individual capacity where the DOJ has agreed to represent the employee; or d. The United States Government; is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. Whenever CMS is involved in litigation, or occasionally when another party is involved in litigation and CMS's policies or operations could be affected by the outcome of the litigation, CMS would be able to disclose information to the DOJ, court or adjudicatory body involved. A determination would be made in each instance that, under the circumstances involved, the purposes served by the use of the information in the particular litigation is compatible with a purpose for which CMS collects the information. IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations include but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: All pertinent National Institute of Standards and Technology publications; HHS Information Systems Program Handbook and the CMS Information Security Handbook. V. Effects of the Modified System of Records on Individual Rights CMS proposes to establish this system in accordance with the principles and requirements of the Privacy Act and will collect, use, and disseminate information only as prescribed therein. Data in this system will be subject to the authorized releases in accordance with the routine uses identified in this system of records. CMS will take precautionary measures to minimize the risks of unauthorized access to the records and the potential harm to individual privacy or other personal or property rights of patients whose data are maintained in the system. CMS will collect only that information necessary to perform the system's functions. In addition, CMS will make disclosure from the proposed system only with consent of the subject individual, or his/her legal representative, or in accordance with an applicable exception provision of the Privacy Act. CMS, therefore, does not anticipate an unfavorable effect on individual privacy as a result of the disclosure of information relating to individuals. Dated: February 7, 2007. Charlene Frizzera, Acting Chief Operating Officer, Centers for Medicare & Medicaid Services. SYSTEM NO. 09-70-0542 SYSTEM NAME: “Medicare Learning Network

(MLN)Registration and Product Ordering System (REPOS),” HHS/CMS/CMM. SECURITY CLASSIFICATION: Level Three Privacy Act Sensitive Data. SYSTEM LOCATION: The Centers for Medicare & Medicaid Services

(CMS)Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850 and at various contractor locations. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: This system will collect and maintain individually identifiable information and other data collected on health care providers, and other individuals ordering provider educational materials who voluntarily register for computer/Web-based training courses, satellite broadcasts and train-the-trainer sessions. CATEGORIES OF RECORDS IN THE SYSTEM: Information collected will include, but is not limited to, the health care provider's first and last name, mailing address, provider type, facility type, telephone number, fax number and e-mail address. If CMS becomes an accredited provider of continuing education credits, this system may also contain social security number, provider identification number (UPIN/NPI), or tax identification number. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Authority for this collection is given under the provisions of Title IV of the Benefits Improvement Protection Act of 2000 (Public Law (Pub. L.) 106-554, Appendix F), Title IV of the Balanced Budget Act of 1997 (Pub. L. 105-33), and §§ 1816(a) and 1842(a)(3) of the Social Security Act. PURPOSE(S) OF THE SYSTEM: The primary purpose of the system of records is to collect and maintain information on health care providers, and other individuals ordering provider educational materials who voluntarily register for computer/web-based training courses, satellite broadcasts and train-the-trainer sessions. Information in this system will also be used to:

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

(2)to support litigation involving the Agency related to this system. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OR USERS AND THE PURPOSES OF SUCH USES: A. The Privacy Act allows us to disclose information without an individual's consent if the information is to be used for a purpose that is compatible with the purpose(s) for which the information was collected. Any such compatible use of data is known as a “routine use.” The proposed routine uses in this system meet the compatibility requirement of the Privacy Act. We are proposing to establish the following routine use disclosures of information maintained in the system: 1. To Agency contractors, or consultants, or grantees who have been contracted by the Agency to assist in accomplishment of a CMS function relating to the purposes for this system and who need to have access to the records in order to assist CMS. 2. To the Department of Justice (DOJ), court or adjudicatory body when a. The Agency or any component thereof; or b. Any employee of the Agency in his or her official capacity; or c. Any employee of the Agency in his or her individual capacity where the DOJ has agreed to represent the employee; or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: All records are stored on electronic media. RETRIEVABILITY: The collected data are retrieved by an individual identifier; e.g., provider name or unique provider identification number. SAFEGUARDS: CMS has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations may apply but are not limited to: the Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: all pertinent National Institute of Standards and Technology publications; the HHS Information Systems Program Handbook and the CMS Information Security Handbook. RETENTION AND DISPOSAL: CMS will retain information for a total period not to exceed 8 years. SYSTEM MANAGER AND ADDRESS: Director, Division of Provider Information Planning and Development, Providers Communications Group, Center for Medicare Management, CMS, Mail Stop C4-10-07, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. NOTIFICATION PROCEDURE: For purpose of access, the subject individual should write to the system manager who will require the system name, employee identification number, tax identification number, national provider number, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), HICN, and/or SSN (furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay). RECORD ACCESS PROCEDURE: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also reasonably specify the record contents being sought. (These procedures are in accordance with Department regulation 45 CFR 5b.5(a)(2).) CONTESTING RECORD PROCEDURES: The subject individual should contact the system manager named above, and reasonably identify the record and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These procedures are in accordance with Department regulation 45 CFR 5b.7.) RECORDS SOURCE CATEGORIES: The data collected and maintained in this is voluntary submitted and/or is self reported by the health care provider. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: None. [FR Doc. E7-4177 Filed 3-7-07; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice and request for comments. SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed new information collection. In accordance with the Paperwork Reduction Act of 1995, this notice seeks comments concerning the collection of information, which is necessary for assessment and improvement of the delivery of disaster assistance. The form serves as a survey tool used to evaluate customer perceptions of effectiveness, timeliness and satisfaction with FEMA Housing Inspection Services. SUPPLEMENTARY INFORMATION: This collection is in accordance with Executive Order 12862 (September 11, 1993), that requires all Federal agencies to survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services. In addition, the Government Performance and Results Act

(GPRA)requires agencies to set missions and goals and measure performance against them. FEMA will fulfill these requirements, in part, by collecting customer service information through a survey of the FEMA Recovery Division's external customers. Collection of Information *Title:* Federal Emergency Management Agency Housing Inspection Services Customer Satisfaction Survey. *Type of Information Collection:* New. *OMB Number:* 1660-NW31. *Form Numbers:* FEMA Form 86-26 (MW), SEP 04. *Abstract:* FEMA Housing Inspection Services contracts inspectors to assess dwelling damage and verify personal information of applicants for FEMA disaster assistance in federally declared disasters areas. Because FEMA needs to evaluate the inspectors' performance, FEMA conducts surveys to measure the satisfaction level of the applicants with their inspection experience. FEMA Inspection Services Managers and Task Monitors generally use the survey results to gauge and make improvements to disaster services that increase customer satisfaction and program effectiveness. The information is shared with Regional staff specific to the federal declaration for which the survey is conducted. *Affected Public:* Individuals or Households. *Estimated Total Annual Hour Burden:* Annual Hour Burden Project/activity Number of respondents Frequency of responses Hour burden per response (hours) Annual responses Total annual hour burden (hours)

(D)= (A × B)

(E)= (C × D) Survey 10,608 1 .25 10,608 2,652 Total 10,608 1 .25 10,608 2,652 *Estimated Cost:* There is no expected cost to the respondents. The estimated annual cost to the Federal Government is $193,750. *Comments:* Written comments are solicited to

(a)evaluate whether the proposed data collection is necessary for the proper performance of the agency, including whether the information shall have practical utility;

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

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

(d)minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. Comments must be submitted on or before May 7, 2007. ADDRESSES: Interested persons should submit written comments to Chief, Records Management and Privacy, Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, 500 C Street, SW., Room 609, Washington, DC 20472. FOR FURTHER INFORMATION CONTACT: Contact Christopher Trice, Program Analyst, Federal Emergency Management Agency, at 540-678-2109 for additional information. You may contact the Records Management Branch for copies of the proposed collection of information at facsimile number

(202)646-3347 or e-mail address: *FEMA-Information-Collections@dhs.gov.* Dated: March 1, 2007. John A. Sharetts-Sullivan, Chief, Records Management and Privacy, Information Resources Management Branch, Information Technology Services Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E7-4161 Filed 3-7-07; 8:45 am] BILLING CODE 9110-10-P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Open Meeting/Conference Call, Board of Visitors for the National Fire Academy AGENCY: U.S. Fire Administration, Federal Emergency Management Agency, DHS. ACTION: Notice of open meeting. SUMMARY: In accordance with the Federal Advisory Committee Act, the Federal Emergency Management Agency announces the following committee meeting: *Name:* Board of Visitors

(BOV)for the National Fire Academy. *Date of Meeting:* March 28-29, 2007. *Place:* Building H, Room 300, National Emergency Training Center, Emmitsburg, Maryland. *Time:* 9 a.m.-5 p.m. on March 28; 8:30 a.m.-12 p.m. on March 29. *Proposed Agenda:* Review National Fire Academy Program Activities. SUPPLEMENTARY INFORMATION: In accordance with section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, the Federal Emergency Management Agency announces that the committee meeting will be open to the public in the Emmitsburg commuting area with seating available on a first-come, first-served basis. Members of the general public who plan to participate in the meeting should contact the Office of the Superintendent, National Fire Academy, U.S. Fire Administration, 16825 South Seton Avenue, Emmitsburg, MD 21727,

(301)447-1117, on or before March 21, 2007. Minutes of the meeting will be prepared and will be available for public viewing in the Office of the U.S. Fire Administrator, U.S. Fire Administration, Federal Emergency Management Agency, Emmitsburg, Maryland 21727. Copies of the minutes will be available upon request within 60 days after the meeting. The National Fire Academy Board of Visitors is administered by the U.S. Fire Administration, which is currently part of the Preparedness Directorate of the Department of Homeland Security. In the near future, the U.S. Fire Administration will be transferred to the Federal Emergency Management Agency, also part of the Department of Homeland Security. During this transition, the Federal Emergency Management Agency will continue to support this program. Dated: March 1, 2007. Charlie Dickinson, Acting U.S. Fire Administrator. [FR Doc. E7-4151 Filed 3-7-07; 8:45 am] BILLING CODE 9110-17-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2404-07; DHS Docket No. USCIS-2007-0002] RIN 1615-ZA46 Extension of the Designation of Sudan for Temporary Protected Status; Automatic Extension of Employment Authorization Documentation for Sudanese TPS Beneficiaries AGENCY: U.S. Citizenship and Immigration Services, DHS. ACTION: Notice of extension of temporary protected status designation of Sudan. SUMMARY: This Notice alerts the public that the designation of Sudan for Temporary Protected Status

(TPS)has been extended for 18 months to November 2, 2008, from its current expiration date of May 2, 2007. This Notice also sets forth procedures necessary for nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) with TPS to re-register and to apply for an extension of their Employment Authorization Documents

(EADs)for the additional 18-month period. Re-registration is limited to persons who have previously registered for TPS under the designation of Sudan and whose application has been granted or remains pending. Certain nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. Given the timeframes involved with processing TPS re-registrants, the Department of Homeland Security

(DHS)recognizes that re-registrants may not receive a new EAD until after their current EAD expires on May 2, 2007. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of Sudan for six months, through November 2, 2007, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. New EADs with the November 2, 2008 expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for an EAD. DATES: The extension of the TPS designation of Sudan is effective May 3, 2007, and will remain in effect until 11:59 p.m. on November 2, 2008. The 60-day re-registration period begins March 8, 2007, and will remain in effect until May 7, 2007. To facilitate processing of their applications, applicants are strongly encouraged to file as soon as possible after the start of the 60-day re-registration period beginning on March 8, 2007. FOR FURTHER INFORMATION CONTACT: Matthew Horner, Status and Family Branch, Office of Service Center Operations, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue, NW., 2nd Floor, Washington, DC 20529, telephone

(202)272-1505. This is not a toll-free call. Further information will also be available at local USCIS offices upon publication of this Notice and on the USCIS Web site at *http://uscis.gov.* SUPPLEMENTARY INFORMATION: Abbreviations and Terms Used in This Document Act—Immigration and Nationality Act ASC—USCIS Application Support Center DHS—Department of Homeland Security EAD—Employment Authorization Document Secretary—Secretary of Homeland Security SAF—Sudanese Armed Forces SPLM/A—Sudan People's Liberation Movement/Army USCIS—U.S. Citizenship and Immigration Services UNHCR—United Nations High Commissioner for Refugees What authority does the Secretary of Homeland Security have to extend the designation of Sudan for TPS? Section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), authorizes the Secretary of Homeland Security (Secretary), after consultation with appropriate agencies of the Government, to designate a foreign state (or part thereof) for TPS. The Secretary may then grant TPS to eligible nationals of that foreign state (or aliens having no nationality who last habitually resided in that state). 8 U.S.C. 1254a(a)(1)(A). At least 60 days before the expiration of the TPS designation, or any extension thereof, the Secretary, after consultations with appropriate agencies of the Government, must review the conditions in a foreign state designated for TPS to determine whether the conditions for the TPS designation continue to be met and, if so, the length of an extension. 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the foreign state no longer meets the conditions for the TPS designation, he must terminate the designation. 8 U.S.C. 1254a(b)(3)(B). Why did the Secretary decide to extend the TPS designation of Sudan? On November 4, 1997, the Attorney General published a Notice in the **Federal Register** at 62 FR 59737 designating Sudan for TPS based on an ongoing armed conflict and extraordinary and temporary conditions within that country. The Attorney General extended this designation the next year, determining that the conditions warranting such designation continued to be met. 63 FR 59337 (Nov. 3, 1998). On November 9, 1999, the Attorney General extended and re-designated Sudan by publishing a Notice in the **Federal Register** , based upon the ongoing armed conflict and extraordinary and temporary conditions. 64 FR 61128. Subsequent to that date, the Attorney General and the Secretary of Homeland Security have extended the TPS designation of Sudan four times, determining in each instance that the conditions warranting the designation continued to be met. 65 FR 67407 (Nov. 9, 2000); 66 FR 46031 (Aug. 31, 2001); 67 FR 55877 (Aug. 30, 2002); 68 FR 52410 (Sept. 3, 2003). On October 7, 2004, the Secretary extended and re-designated Sudan for TPS due to the ongoing armed conflict in the Darfur region and the extraordinary and temporary conditions resulting from the ongoing conflict. 69 FR 60168. The most recent extension of Sudan for TPS became effective on November 2, 2005, and is due to expire at 11:59 p.m. May 2, 2007. 70 FR 52429 (Sept. 2, 2005). Over the past year, DHS and the Department of State have continued to review conditions in Sudan. Based on this review, the Secretary has concluded that an 18-month extension is warranted because the armed conflict and extraordinary and temporary conditions that prompted redesignation of Sudan for TPS in October 2004 persist. Further, the Secretary has determined that it is not contrary to the national interest of the United States to permit aliens who are eligible for TPS based on the designation of Sudan to remain temporarily in the United States. *See* 8 U.S.C. 1254a(b)(1)(C). Despite the signing of a comprehensive peace agreement between the government of Sudan and the Sudan People's Liberation Movement/Army (SPLM/A), conditions in Sudan continue to be volatile and dangerous in large parts of Western and Southern Sudan. Sporadic violence continues in Southern Sudan, with fighting among armed elements associated with the Sudanese Armed Forces (SAF), the SAF itself, and the SPLM/A. The humanitarian crisis in the Darfur region of Western Sudan continues to cause concern, with an estimated 250,000 people displaced since the beginning of 2006, and armed clashes have intensified since September 2006. In November 2006, 10,000 civilians were displaced during joint government/Janjaweed attacks on 12 villages in the Jebel Mara region of Darfur and the deliberate targeting of civilians continues. Since the beginning of the conflict, approximately 2 million people have been forced to leave their homes and live in displaced person camps while hundreds of thousands have been killed. There have also been incidents of violence and instability in southern Sudan. It is estimated that 250 civilian and military deaths resulted from fighting that erupted between the SPLA and a faction of the South Sudan Defense Forces and that an additional 300-400 civilians were wounded. Some of the violence was attributed to the forces of the Ugandan rebel Lord's Resistance Army, which, despite having signed a cessation of hostilities agreement with the government of Uganda on August 26, 2006, was reported by the former United Nations Secretary-General to continue to pose a military threat. The Government of Southern Sudan has since stepped up efforts to restore security in the region. Access to humanitarian relief is limited by security concerns and Government of Sudan-imposed constraints on relief organizations. While the Office of the United Nations High Commissioner for Refugees (UNHCR) facilitated the return of approximately 91,000 southern Sudanese refugees and displaced persons to Sudan through direct repatriation assistance and reintegration programs in 2006, return is not risk free; civilians have continued to be victims of episodic violence, and UNHCR has not yet moved into a phase of actively promoting refugee returns. Based upon this review, the Secretary finds, after consultation with the appropriate Government agencies, that the conditions that prompted the designation of Sudan for TPS continue to be met. *See* 8 U.S.C. 1254a(b)(3)(A). The armed conflict is ongoing and there are extraordinary and temporary conditions in Sudan that prevent aliens who are nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) from returning in safety. *See* 8 U.S.C. 1254a(b)(1)(A), (C). The Secretary also finds that it is not contrary to the national interest of the United States to permit aliens who meet the eligibility requirements of TPS to remain in the United States temporarily. *See* 8 U.S.C. 1254a(b)(1)(C). On the basis of these findings, the Secretary concludes that the designation of Sudan for TPS should be extended for an additional 18-month period. *See* 8 U.S.C. 1254a(b)(3)(C). Notice of Extension of the TPS Designation of Sudan By the authority vested in me as Secretary of Homeland Security under section 244 of the Act, 8 U.S.C. 1254a, I have determined, after consultation with the appropriate Government agencies, that the conditions that prompted redesignation of Sudan for TPS in October 2004 continue to be met. *See* 8 U.S.C 1254a(b)(3)(A), (C). There are approximately 520 nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who have been granted TPS and who may be eligible for re-registration. Accordingly, I am extending the TPS designation of Sudan for 18 months from May 3, 2007 to November 2, 2008. For instructions on this extension, please refer to the following attachments, which include filing and eligibility requirements for Temporary Protected Status and Employment Authorization Documents. Dated: March 1, 2007. Michael Chertoff, Secretary. Temporary Protected Status Filing Guidelines If I currently have benefits through the TPS designation of Sudan for TPS and would like to maintain them, do I need re-register for TPS? Yes. If you already have received TPS benefits through the designation of Sudan for TPS, your benefits will expire at 11:59 p.m. on May 2, 2007. All TPS beneficiaries must comply with the re-registration requirements described in this Notice in order to maintain TPS benefits through November 2, 2008. TPS benefits include temporary protection against removal from the United States and employment authorization during the TPS designation period. 8 U.S.C. 1254a(a)(1). Failure to re-register without good cause will result in the withdrawal of your temporary protected status and possibly your removal from the United States. 8 U.S.C. 1254a(c)(3)(C). If I am currently registered for TPS or have a pending application for TPS, how do I re-register to renew my benefits for the duration of the extension period? Please submit the proper forms and fees according to the Table 1 below. Aliens who have previously registered for TPS but whose applications remain pending should follow these instructions if they wish to renew their TPS benefits. All TPS re-registration applications submitted without the required fees will be returned to the applicant. All fee waiver requests should be filed in accordance with 8 CFR 244.20. If you received an EAD during the most recent registration period, please submit a photocopy of the front and back of your EAD. Table 1.—Application Forms and Application Fees If And Then You are re-registering for TPS You are applying for an extension of your EAD valid through November 2, 2008 You must complete and file the Form I-765, Application for Employment Authorization, with the $180 fee or a fee waiver request. You must also submit Form I-821, Application for Temporary Protected Status, with no fee. You are re-registering for TPS You are NOT applying for renewal of your EAD You must complete and file the Form I-765 with no fee and Form I-821 with no fee Note: DO NOT check any box for the question “I am applying for” listed on Form I-765 as you are NOT requesting an EAD benefit. You are applying for TPS as a late initial registrant and you are between the ages of 14 and 65 (inclusive) You are applying for a TPS-related EAD You must complete and file Form I-821 with the $50 fee or fee waiver request and Form I-765 with the $180 fee or a fee waiver request. You are applying for TPS as a late initial registrant and are under age 14 or over age 65 You are applying for a TPS-related EAD You must complete and file Form I-821 with the $50 fee or fee waiver request. You must also submit Form I-765 with no fee. You are applying for TPS as a late initial registrant, regardless of age You are NOT applying for an EAD You must complete and file Form I-821 with the $50 fee or fee waiver request and Form I-765 with no fee. Your previous TPS application is still pending You are applying to renew your temporary treatment benefits (i.e., an EAD with category “c-19” on its face) You must complete and file the Form I-765 with the $180 fee or a fee waiver request. You must also submit Form I-821, Application for Temporary Protected Status, with no fee. Certain applicants must also submit a Biometric Service Fee (See Table 2). The Biometric Service Fee will not be waived. 8 CFR 103.2(e)(4)(i), (iii). Table 2.—Biometric Service Fees If And Then You are 14 years of age or older 1. You are re-registering for TPS, or 2. You are applying for TPS under the late initial registration provisions, or 3. Your TPS application is still pending and you are applying to renew temporary treatment benefits You must submit a Biometric Service fee of $70. You are younger than 14 years of age You are applying for an EAD You must submit a Biometric Service fee of $70. What edition of the Form I-821 should be submitted? Only the edition of Form I-821 dated November 5, 2004, or later will be accepted. The revision date can be found in the bottom right corner of the form. The proper form can be found on the Internet at *http://www.uscis.gov* or by calling the USCIS forms hotline at 1-800-870-3676. Where should an applicant submit his or her application for TPS? Please reference table 3 below to see where to mail your specific application. Table 3.—Application Mailing Directions If Then mail to Or, for non-United States Postal Service

(USPS)deliveries, mail to You are applying for re-registration or applying to renew your temporary treatment benefits U.S. Citizenship and Immigration Services Attn: TPS Sudan P.O. Box 8677 Chicago, IL 60680-8677 U.S. Citizenship and Immigration Services Attn: TPS Sudan 427 S. LaSalle—3rd Floor Chicago, IL 60605-1029. You are applying for TPS for the first time, as a late initial registrant U.S. Citizenship and Immigration Services Attn: TPS Sudan P.O. Box 8677 Chicago, IL 60680-8677 U.S. Citizenship and Immigration Services Attn: TPS Sudan Late Initial Registrant 427 S. LaSalle—3rd Floor, Chicago, IL 60605-1029. Can an applicant file their application electronically? If you are filing for re-registration and *do not* need to submit supporting documentation with your application, you may file your application electronically. To file your application electronically, follow directions on the USCIS Web site at: *http://www.uscis.gov* . Who should submit supporting documentation? See Table 4 below to determine if you need to submit supporting documentation. Table 4.—Who Should Submit Supporting Documentation? If Then One or more of the questions listed in Part 4, Question 2 of Form I-821 applies to you You must submit an explanation, on a separate sheet(s) of paper, and/or additional documentation must be provided. You may NOT file electronically. You were granted TPS by an Immigration Judge or the Board of Immigration Appeals You must include evidence of the grant of TPS (such as an order from the Immigration Judge) with your application package. You may NOT file electronically. What is late initial registration? Some persons may be eligible for late initial registration under 8 CFR 244.2. In order to be eligible for late initial registration an applicant must:

(1)Be a national of Sudan (or alien who has no nationality and who last habitually resided in Sudan);

(2)Have continuously resided in the United States since October 7, 2004;

(3)Have been continuously physically present in the United States since October 7, 2004; and

(4)Be both admissible as an immigrant, except as provided under section 244(c)(2)(A) of the Act, and not ineligible under section 244(c)(2)(B) of the Act. Additionally, the applicant must be able to demonstrate that during the initial registration period (from November 4, 1997 to November 3, 1998), during the registration period for the first re-designation (from November 9, 1999 to November 2, 2000), or during the registration period for the most recent re-designation (from October 7, 2004 to April 5, 2005), he or she:

(1)Was a nonimmigrant or had been granted voluntary departure status or any relief from removal;

(2)Had an application for change of status, adjustment of status, asylum, voluntary departure, or any relief from removal or change of status pending or subject to further review or appeal;

(3)Was a parolee or had a pending request for reparole; or

(4)Is the spouse or child of an alien currently eligible to be a TPS registrant. An applicant for late initial registration must file an application for late registration no later than 60 days after the expiration or termination of the conditions described above. 8 CFR 244.2(g). All late initial registration applications for TPS, pursuant to the TPS designation of Sudan, should be submitted to the appropriate address in Chicago, Illinois as defined in Table 3. Are certain aliens ineligible for TPS? Yes. There are certain criminal and terrorism-related inadmissibility grounds that render an alien ineligible for TPS. *See* 8 U.S.C. 1254a(c)(2)(A)(iii). Further, aliens who have been convicted of any felony or two or more misdemeanors committed in the United States are ineligible for TPS under section 244(c)(2)(B)(i) of the Act, 8 U.S.C. 1254a(c)(2)(B)(i), as are aliens described in the bars to asylum in section 208(b)(2)(A) of the Act, 8 U.S.C. 1158(b)(2)(A). *See* 8 U.S.C. 1254a(c)(2)(B)(ii). An individual granted TPS will have his or her TPS withdrawn if the alien is not in fact eligible for TPS, if the alien fails to timely re-register for TPS without good cause, or if the alien fails to maintain continuous physical presence in the United States. *See* 8 U.S.C. 1254a(c)(3)(A)-(C). Does TPS lead to lawful permanent residence? No. TPS is a temporary benefit that does not lead to lawful permanent residence or confer any other immigration status. 8 U.S.C. 1254a, (f)(1), and (h). When a country's TPS designation is terminated, TPS beneficiaries will maintain the same immigration status they held prior to TPS (unless that status has since expired or been terminated), or any other status they may have acquired while registered for TPS. Accordingly, if an alien held no lawful immigration status prior to being granted TPS and did not obtain any other status during the TPS period, he or she will revert to unlawful status upon the termination of the TPS designation. Once the Secretary determines that a TPS designation should be terminated, aliens who had TPS under that designation are expected to plan for their departure from the United States. May I apply for another immigration benefit while registered for TPS? Yes. Registration for TPS does not prevent you from applying for non-immigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection. 8 U.S.C. 1254a(a)(5). For the purposes of change of status and adjustment of status, an alien is considered as being in, and maintaining, lawful status as a nonimmigrant during the period in which the alien is granted TPS. *See* 8 U.S.C. 1254a(f)(4). How does an application for TPS affect my application for asylum or other immigration benefits? An application for TPS does not affect an application for asylum or any other immigration benefit. Denial of an application for asylum or any other immigration benefit does not affect an applicant's TPS eligibility, although the grounds for denying one form of relief may also be grounds for denying TPS. For example, a person who has been convicted of a particularly serious crime is not eligible for asylum or TPS. *See* 8 U.S.C. 1158(b)(2)(A)(ii) and 8 U.S.C. 1254a(c)(2)(B)(ii). Does this extension allow nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) who entered the United States after October 7, 2004, to file for TPS? No. An extension of a TPS designation does not change the required dates of continuous residence and continuous physical presence in the United States. This extension does not expand TPS eligibility to those beyond the current TPS eligibility requirements of Sudan. To be eligible for benefits under this extension, nationals of Sudan (or aliens having no nationality who last habitually resided in Sudan) must have continuously resided and been continuously physically present in the United States since October 7, 2004, the date of the most recent designation of Sudan for TPS. Employment Authorization Document Extension Guidelines Who is eligible to receive an automatic extension of his or her EAD from May 2, 2007 to November 2, 2007? To receive an automatic extension of an EAD, an individual must be a national of Sudan (or an alien having no nationality who last habitually resided in Sudan) who has applied for and received an EAD under the designation of Sudan for TPS and who has not had TPS withdrawn or denied. This automatic extension is limited to EADs issued on Form I-766, Employment Authorization Document, bearing an expiration date of May 2, 2007. The EAD must also be a Form I-766 bearing the notation “A-12” or “C-19” on the face of the card under “Category.” If I am currently registered under the designation of Sudan for TPS and am re-registering for TPS, how do I receive an extension of my EAD after the automatic six-month extension? TPS re-registrants will receive a notice in the mail with instructions to appear at a USCIS Application Support Center

(ASC)for biometrics collection. When you report to the ASC, you must bring the following documents:

(1)Your receipt notice for your re-registration application;

(2)your ASC appointment notice; and

(3)your current EAD. If no further action is required for your case, you will receive a new EAD, valid through November 2, 2008, through the mail. If your case requires further resolution, USCIS will contact you in writing to explain what additional information, if any, is necessary to resolve your case. If your application is approved, you will receive a new EAD in the mail with an expiration date of November 2, 2008. May I request an interim EAD at my local District Office? No. USCIS will not be issuing interim EADs to TPS applicants and re-registrants at District Offices. How may employers determine whether an EAD has been automatically extended for six months through November 2, 2007, and is therefore acceptable for completion of the Form I-9? An EAD that has been automatically extended for six months by this Notice through November 2, 2007, will actually contain an expiration date of May 2, 2007, and must be a Form I-766 bearing the notation “A-12” or “C-19” on the face of the card under “Category.” New EADs or extension stickers showing the November 2, 2007, expiration date of the six-month automatic extension will not be issued. Employers should not request proof of Sudanese citizenship. Employers should accept an EAD as a valid “List A” document and not ask for additional I-9 documentation if presented with an EAD that has been extended pursuant to this **Federal Register** Notice, and the EAD reasonably appears on its face to be genuine and to relate to the employee. This does not affect the right of an applicant for employment or an employee to present any legally acceptable document as proof of identity and eligibility for employment. Note to Employers: Employers are reminded that the laws requiring employment eligibility verification and prohibiting unfair immigration-related employment practices remain in full force. This Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those setting forth re-verification requirements. *See* 8 CFR 274a.2(b)(1)(vii). For questions, employers may call the USCIS Office of Business Liaison Employer Hotline at 1-800-357-2099. Also, employers may call the U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices

(OSC)Employer Hotline at 1-800-255-8155 or 1-800-362-2735 (TDD). Employees or applicants may call the OSC Employee Hotline at 1-800-255-7688 or 1-800-237-2515

(TDD)for information regarding the automatic extension. Additional information is available on the OSC Web site at *http://www.usdoj.gov/crt/osc/index.html* . How may employers determine an employee's eligibility for employment once the automatic extension has expired on November 2, 2007? Eligible TPS aliens will possess an EAD with an expiration date of November 2, 2008. The EAD will be a Form I-766 bearing the notation “A-12” or “C-19” on the face of the card under “Category,” and should be accepted for the purposes of verifying identity and employment authorization. What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I-9, Employment Eligibility Verification? During the first six months of this extension, qualified individuals who have received a six-month automatic extension of their EADs by virtue of this **Federal Register** Notice may present their TPS-based EAD to their employer, as described above, as proof of identity and employment authorization through November 2, 2007. To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present a copy of this **Federal Register** Notice regarding the automatic extension of employment authorization documentation through November 2, 2007. After the first six months of this extension, and continuing until the end of the extension period, November 2, 2008, a qualified individual may present their new EAD valid through November 2, 2008. In the alternative, any legally acceptable document or combination of documents listed in List A, List B, or List C of the Form I-9 may be presented as proof of identity and employment eligibility. [FR Doc. E7-4097 Filed 3-7-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF THE INTERIOR Office of the Secretary Delaware & Lehigh National Heritage Corridor Commission Meeting AGENCY: Department of the Interior, Office of the Secretary. ACTION: Notice of meeting. SUMMARY: This notice announces an upcoming meeting of the Delaware & Lehigh National Heritage Corridor Commission. Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). *Meeting Date and Time:* Friday, March 9, 2007—1:30 p.m. to 4 p.m. *Address:* Emrick Technology Center, 2750 Hugh Moore Park Road, Easton, PA 18042. The agenda for the meeting will focus on implementation of the Management Action Plan for the Delaware and Lehigh National Heritage Corridor and State Heritage Park. The Commission was established to assist the Commonwealth of Pennsylvania and its political subdivisions in planning and implementing an integrated strategy for protecting and promoting cultural, historic and natural resources. The Commission reports to the Secretary of the Interior and to Congress. SUPPLEMENTARY INFORMATION: The Delaware & Lehigh National Heritage Corridor Commission was established by Pub. L. 100-692, November 18, 1988 and extended through Pub. L. 105-355, November 13, 1998. FOR FURTHER INFORMATION CONTACT: C. Allen Sachse, Executive Director, Delaware & Lehigh National Heritage Corridor Commission, 2750 Hugh Moore Park Road, Easton, PA 18042,

(610)923-3548. Dated: March 2, 2007. C. Allen Sachse, Executive Director, Delaware & Lehigh National Heritage Corridor Commission. [FR Doc. 07-1078 Filed 3-7-07; 8:45 am]

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