Notices. Notice of Modified System of Records (SOR)

20,067 words·~91 min read·/register/2007/03/19/07-1298

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

BILLING CODE 6570-06-M FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843).

Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2007. **A. Federal Reserve Bank of New York** (Anne McEwen, Financial Specialist) 33 Liberty Street, New York, New York 10045-0001: *1.

The Bank of New York Mellon Corporation* , New York, New York; to become a bank holding company by acquiring and merging with The Bank of New York Company, Inc., New York, New York, and thereby indirectly acquire The Bank of New York, New York, New York; B.N.Y. Holdings (Delaware) Corporation, Newark, Delaware; The Bank of New York (Delaware), Newark, Delaware; Mellon Financial Corporation, Pittsburgh, Pennsylvania; Mellon Bank, N.A., Pittsburgh, Pennsylvania; Mellon United National Bank, Miami, Florida;

Mellon 1st Business Bank, National Association, Los Angeles, California; and Mellon Trust of New England, N.A., Boston, Massachusetts. **B. Federal Reserve Bank of Chicago** (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. 1st Source Corporation* , South Bend, Indiana; to acquire 100 percent of the voting shares of FINA Bancorp, Inc., Valparaiso, Indiana, and thereby indirectly acquire First National Bank of Valparaiso, Valparaiso, Indiana. **C.

Federal Reserve Bank of San Francisco** (Tracy Basinger, Director, Regional and Community Bank Group) 101 Market Street, San Francisco, California 94105-1579: *1. Belvedere SoCal* , San Francisco, California; to become a bank holding company by acquiring 100 percent of the voting shares of Professional Business Bank, Pasadena, California. In connection with this application, Belvedere Capital Partners II, LLC, and Belvedere Capital Fund II, LP, San Francisco, California, will indirectly acquire up to 58 percent of the voting shares of Professional Business Bank, Pasadena, California.

Board of Governors of the Federal Reserve System, March 14, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-4970 Filed 3-16-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Notice of Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y (12 CFR Part 225) to engage *de novo* , or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies.

Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* .

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 3, 2007. **A. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. PSB Holding Corp.* , Preston, Maryland; to engage *de novo* through its subsidiary, Community Bank Mortgage Corporation, Easton, Maryland, in the origination and sale of residential mortgage loans to the secondary market, pursuant to section 225.28(b)(1) of Regulation Y.

Board of Governors of the Federal Reserve System, March 14, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-4971 Filed 3-16-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services Privacy Act of 1974: Report of Modified System of Records AGENCY: Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). ACTION: Notice of Modified System of Records (SOR). SUMMARY:

In accordance with the requirements of the Privacy Act of 1974, we are proposing to modify a SOR titled, “Long Term Care-Minimum Data Set” (MDS), System No. 09-70-1517, most recently modified at 67 FR 6714 (February 13, 2002). We propose to assign a new CMS identification number to this system to simplify the obsolete and confusing numbering system originally designed to identify the Bureau, Office, or Center that maintained information in the Health Care Financing Administration systems of records.

The new identifying number for this system should read: System No. 09-70-0528. 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 also propose to modify existing routine use number 3 that permits disclosure to Peer Review Organizations (PRO). The name of PROs has been changed to read: “Quality Improvement Organizations (QIO).” QIOs will continue work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. The modified routine use will remain as routine use number 3. We will delete routine use number 6 authorizing disclosure to support constituent requests made to a congressional representative.

If an authorization for the disclosure has been obtained from the data subject, then no routine use is needed. The Privacy Act allows for disclosures with the “prior written consent” of the data subject. We are modifying the language in the remaining routine uses to provide a proper explanation as to the need for the routine use and to provide clarity to CMS's intention to disclose individual-specific information contained in this system. The routine uses will then be prioritized and reordered according to their usage.

We will also take the opportunity to update any sections of the system that were affected by the recent reorganization or because of the impact of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

(MMA)(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 is to aid in the administration of the survey and certification, and payment of Medicare Long Term Care services, which include skilled nursing facilities (SNFs), nursing facilities

(NFs)SNFs/NFs, and hospital swing beds, and to study the effectiveness and quality of care given in those facilities. Information in this system will also be used to:

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

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

(3)support Quality Improvement Organizations (QIO);

(4)assist other insurers for processing individual insurance claims;

(5)facilitate research on the quality and effectiveness of care provided, as well as payment related projects;

(6)support litigation involving the Agency;

(7)assist national accrediting organizations; and

(8)combat fraud, waste, and abuse in certain health benefits programs. We have provided background information about the modified system in the SUPPLEMENTARY INFORMATION section below. Although the Privacy Act requires only that CMS provide an opportunity for interested persons to comment on the proposed routine uses, CMS invites comments on all portions of this notice. See “Effective Dates” section for comment period. DATES: *Effective Dates:* CMS filed a modified system report with the Chair of the House Committee on Government Reform and Oversight, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

(OMB)on February 22, 2007. To ensure that all parties have adequate time in which to comment, the modified SOR, including routine uses, will become effective 40 days from the publication of the notice, or from the date it was submitted to OMB and the Congress, whichever is later, unless CMS receives comments that require alterations to this notice. ADDRESSES: The public should address comments to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Comments received will be available for review at this location, by appointment, during regular business hours, Monday through Friday from 9 a.m.-3 p.m., Eastern Time zone. FOR FURTHER INFORMATION CONTACT: Tina Miller, Health Insurance Specialist, Division of Nursing Homes, Survey and Certification Group, Center for Medicaid and State Operations, CMS, Mail stop S2-12-25, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. The telephone number is

(410)786-6735 or e-mail *Tina.Miller@cms.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Description of the Modified System A. Statutory and Regulatory Basis for System Authority for maintenance of the system is given under §§ 1102(a), 1819(b) (3)(A), 1819(f), 1919(b)(3)(A), 1919(f), and 1864 of the Social Security Act. B. Collection and Maintenance of Data in the System The system contains information on residents in all long-term care facilities that are Medicare and/or Medicaid certified, including private pay individuals including but not limited to Medicare enrollment and entitlement, and Medicare Secondary Payer

(MSP)data containing other party liability insurance information necessary for appropriate Medicare claim payment. The system also contains the individual's health insurance numbers, name, geographic location, race/ethnicity, sex, and date of birth, hospice election, premium billing and collection, direct billing information, and group health plan enrollment data. 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 MDS 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 disclose the minimum personal data necessary to achieve the purpose of MDS. 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 aid in the administration of the survey and certification, and payment of Medicare Long Term Care services, which include skilled nursing facilities (SNFs), nursing facilities

(NFs)SNFs/NFs, and hospital swing beds, and to study the effectiveness and quality of care given in those facilities. 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. Entities Who May Receive Disclosures Under Routine Use These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the MDS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We have provided a brief explanation of the routine uses we are proposing to establish or modify for disclosures of information maintained in the system: 1. To support Agency contractors, 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. 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 contractors, consultants, or grantees whatever information is necessary for contractors, consultants, or grantees to fulfill their duties. In these situations, safeguards are provided in the contract prohibiting contractors, 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 assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent to: a. Contribute to the accuracy of CMS's proper payment of Medicare benefits. b. Enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. Assist Federal/state Medicaid programs within the state. Other Federal or state agencies in their administration of a Federal health program may require MDS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. In addition, other state agencies in their administration of a Federal health program may require MDS information for the purposes of determining, evaluating and/or assessing cost, effectiveness, and/or the quality of health care services provided in the state. The Social Security Administration may require MDS data to enable them to assist in the implementation and maintenance of the Medicare program. Disclosure under this routine use shall be used by state Medicaid agencies pursuant to agreements with the HHS for determining Medicaid and Medicare eligibility, for quality control studies, for determining eligibility of recipients of assistance under Titles IV, XVIII, and XIX of the Act, and for the administration of the Medicaid program. Data will be released to the state only on those individuals who are patients under the services of a Medicaid program within the state or who are residents of that state. We also contemplate disclosing information under this routine use in situations in which state auditing agencies require MDS information for auditing state Medicaid eligibility considerations. CMS may enter into an agreement with state auditing agencies to assist in accomplishing functions relating to purposes for this system. 3. To assist Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. QIOs will work to implement quality improvement programs, provide consultation to CMS, its contractors, and to state agencies. QIOs will assist state agencies and CMS intermediaries in program integrity assessments and preparation of summary information for release to CMS. 4. To assist insurance companies, underwriters, third party administrators (TPA), employers, self-insurers, group health plans, health maintenance organizations (HMO), health and welfare benefit funds, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, liability insurers, no-fault medical automobile insurers, workers compensation carriers or plans, other groups providing protection against medical expenses without the beneficiary's authorization, and any entity having knowledge of the occurrence of any event affecting

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

(b)the initial right to any such benefit or payment, for the purpose of coordination of benefits with the Medicare program and implementation of the MSP provision at 42 U.S.C. 1395y (b). Information to be disclosed shall be limited to Medicare utilization data necessary to perform that specific function. In order to receive the information, they must agree to: a. Certify that the individual about whom the information is being provided is one of its insured or employees, or is insured and/or employed by another entity for whom they serve as a TPA; b. Utilize the information solely for the purpose of processing the individual's insurance claims; and c. Safeguard the confidentiality of the data and prevent unauthorized access. Other insurers may require MDS information in order to support evaluations and monitoring of Medicare claims information of beneficiaries, including proper reimbursement for services provided. 5. To support an individual or organization for research, evaluation, or epidemiological projects related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects. MDS data will provide research, evaluations and epidemiological projects, a broader, longitudinal, national perspective of the status of Medicare beneficiaries. CMS anticipates that many researchers will have legitimate requests to use these data in projects that could ultimately improve the care provided to Medicare beneficiaries and the policy that governs the care. 6. To support the Department of Justice (DOJ), court or adjudicatory body when: a. The Agency or any component thereof, or b. Any employee of the Agency in his or her official capacity, or c. Any employee of the Agency in his or her individual capacity where the DOJ has agreed to represent the employee, or d. The United States Government is a party to litigation or has an interest in such litigation, and by careful review, CMS determines that the records are both relevant and necessary to the litigation and that the use of such records by the DOJ, court or adjudicatory body is compatible with the purpose for which the agency collected the records. 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. 7. To support a national accrediting organization whose accredited facilities are presumed to meet certain Medicare requirements for inpatient hospital (including swing beds) services; *e.g.* , the Joint Commission for the Accrediting of Healthcare Organizations (JCAHO). Information will be released to accrediting organizations only for those facilities that they accredit and that participate in the Medicare program. CMS anticipates providing those national accrediting organizations with MDS information to enable them to target potential or identified problems during the organization's accreditation review process of that facility. 8. To assist a CMS contractor (including, but not limited to fiscal intermediaries and carriers) that assists in the administration of a CMS-administered health benefits program, or to a grantee of a CMS-administered grant program, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste or abuse in such program. We contemplate disclosing information under this routine use only in situations in which CMS may enter into a contract or grant with a third party to assist in accomplishing CMS functions relating to the purpose of combating fraud, waste, and abuse. CMS occasionally contracts out certain of its functions when doing so would contribute to effective and efficient operations. CMS must be able to give a contractor or grantee whatever information is necessary for the contractor or grantee to fulfill the contractor or grantee duties. In these situations, safeguards are provided in the contract prohibiting the contractor or grantee from using or disclosing the information for any purpose other than that described in the contract and requiring the contractor or grantee to return or destroy all information. 9. To assist another Federal agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States (including any state or local governmental agency), that administers, or that has the authority to investigate potential fraud, waste, or abuse in a health benefits program funded in whole or in part by Federal funds, when disclosure is deemed reasonably necessary by CMS to prevent, deter, discover, detect, investigate, examine, prosecute, sue with respect to, defend against, correct, remedy, or otherwise combat fraud, waste, or abuse in such programs. Other agencies may require MDS information for the purpose of combating fraud, waste, and abuse in such Federally-funded programs. B. Additional Circumstances Affecting Routine Use Disclosures To the extent this system contains Protected Health Information

(PHI)as defined by HHS regulation “Standards for Privacy of Individually Identifiable Health Information” (45 CFR parts 160 and 164, subparts A and E) 65 FR 82462 (12-28-00). Disclosures of such PHI that are otherwise authorized by these routine uses may only be made if, and as, permitted or required by the “Standards for Privacy of Individually Identifiable Health Information.” (See 45 CFR 164-512(a)(1)). In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). IV. Safeguards CMS has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations include but are not limited to: The Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: All pertinent NIST publications; the HHS Automated Information Systems Security Handbook and the CMS Information Security Handbook. V. Effect of the Modified System 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. CMS will only disclose the minimum personal data necessary to achieve the purposes of MDS. Disclosure of information from the system will be approved only to the extent necessary to accomplish the purpose of the disclosure. CMS has assigned a high level of security clearance for the information maintained in this system in an effort to provide added security and protection of data. 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. 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 22, 2007. Charlene Frizzera, Acting Chief Operating Officer, Centers for Medicare & Medicaid Services. System No. 09-70-0528 System Name: “Long Term Care-Minimum Data Set (MDS),” Department of Health and Human Services (HHS)/Centers for Medicare & Medicaid Services (CMS)/Center for Medicaid and State Operations (CMSO). Security Classification: Level Three Privacy Act Sensitive. System Location: CMS Data Center, 7500 Security Boulevard, North Building, First Floor, Baltimore, Maryland 21244-1850, and at various other remote locations. Categories of Individuals Covered by the System: The system contains information on residents in all long-term care facilities that are Medicare and/or Medicaid certified, including private pay individuals including but not limited to Medicare enrollment and entitlement, and Medicare Secondary Payer

(MSP)data containing other party liability insurance information necessary for appropriate Medicare claim payment. Categories of Records in the System: The system also contains the individual's health insurance numbers, name, geographic location, race/ethnicity, sex, and date of birth, hospice election, premium billing and collection, direct billing information, and group health plan enrollment data. Authority for Maintenance of the System: Authority for maintenance of the system is given under of §§ 1102(a), 1819(b)(3)(A), 1819(f), 919(b)(3)(A), 1919(f), and 1864 of the Social Security Act. Purpose(s) of the System: The primary purpose of the system is to aid in the administration of the survey and certification, and payment of Medicare Long Term Care services, which include skilled nursing facilities (SNFs), nursing facilities

(NFs)SNFs/NFs, and hospital swing beds, and to study the effectiveness and quality of care given in those facilities. Information in this system will also be used to:

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

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

(3)support Quality Improvement Organizations (QIO);

(4)assist other insurers for processing individual insurance claims;

(5)facilitate research on the quality and effectiveness of care provided, as well as payment related projects;

(6)support litigation involving the Agency;

(7)assist national accrediting organizations; and

(8)combat fraud, waste, and abuse in certain health benefits programs. Routine Uses of Records Maintained in the System, Including Categories or Users and the Purposes of Such Uses: A. Entities Who May Receive Disclosures under Routine Use These routine uses specify circumstances, in addition to those provided by statute in the Privacy Act of 1974, under which CMS may release information from the MDS without the consent of the individual to whom such information pertains. Each proposed disclosure of information under these routine uses will be evaluated to ensure that the disclosure is legally permissible, including but not limited to ensuring that the purpose of the disclosure is compatible with the purpose for which the information was collected. We have provided a brief explanation of the routine uses we are proposing to establish or modify for disclosures of information maintained in the system: 1. To support Agency contractors, 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 assist another Federal or state agency, agency of a state government, an agency established by state law, or its fiscal agent to: a. Contribute to the accuracy of CMS's proper payment of Medicare benefits. b. Enable such agency to administer a Federal health benefits program, or as necessary to enable such agency to fulfill a requirement of a Federal statute or regulation that implements a health benefits program funded in whole or in part with Federal funds, and/or c. Assist Federal/state Medicaid programs within the state. 3. To support Quality Improvement Organizations

(QIO)in connection with review of claims, or in connection with studies or other review activities, conducted pursuant to Part B of Title XI of the Act and in performing affirmative outreach activities to individuals for the purpose of establishing and maintaining their entitlement to Medicare benefits or health insurance plans. 4. To assist insurance companies, underwriters, third party administrators (TPA), employers, self-insurers, group health plans, health maintenance organizations (HMO), health and welfare benefit funds, managed care organizations, other supplemental insurers, non-coordinating insurers, multiple employer trusts, liability insurers, no-fault medical automobile insurers, workers compensation carriers or plans, other groups providing protection against medical expenses without the beneficiary's authorization, and any entity having knowledge of the occurrence of any event affecting

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

(a)(1)). In addition, our policy will be to prohibit release even of data not directly identifiable, except pursuant to one of the routine uses or if required by law, if we determine there is a possibility that an individual can be identified through implicit deduction based on small cell sizes (instances where the patient population is so small that individuals could, because of the small size, use this information to deduce the identity of the beneficiary). Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: All records are stored on magnetic media. Retrievability: All Medicare records are accessible by HIC number or alpha

(name)search. This system supports both online and batch access. Safeguards: CMS has safeguards in place for authorized users and monitors such users to ensure against unauthorized use. Personnel having access to the system have been trained in the Privacy Act and information security requirements. Employees who maintain records in this system are instructed not to release data until the intended recipient agrees to implement appropriate management, operational and technical safeguards sufficient to protect the confidentiality, integrity and availability of the information and information systems and to prevent unauthorized access. This system will conform to all applicable Federal laws and regulations and Federal, HHS, and CMS policies and standards as they relate to information security and data privacy. These laws and regulations include but are not limited to: The Privacy Act of 1974; the Federal Information Security Management Act of 2002; the Computer Fraud and Abuse Act of 1986; the Health Insurance Portability and Accountability Act of 1996; the E-Government Act of 2002, the Clinger-Cohen Act of 1996; the Medicare Modernization Act of 2003, and the corresponding implementing regulations. OMB Circular A-130, Management of Federal Resources, Appendix III, Security of Federal Automated Information Resources also applies. Federal, HHS, and CMS policies and standards include but are not limited to: All pertinent NIST publications; the HHS Automated Information Systems Security Handbook and the CMS Information Security Handbook. Retention and Disposal: • “Records will be retained until an approved disposition authority is obtained from the National Archives and Records Administration.” System Manager and Address: Director, Survey and Certification Group, Center for Medicaid and State Operations, CMS, 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, health insurance claim number, address, date of birth, and sex, and for verification purposes, the subject individual's name (woman's maiden name, if applicable), and social security number (SSN). Furnishing the SSN is voluntary, but it may make searching for a record easier and prevent delay. Record Access Procedure: For purpose of access, use the same procedures outlined in Notification Procedures above. Requestors should also reasonably specify the record contents being sought. (These procedures are in accordance with department regulation 45 CFR 5b.5

(a)(2)). Contesting Record Procedures: The subject individual should contact the system manager named above, and reasonably identify the record and specify the information to be contested. State the corrective action sought and the reasons for the correction with supporting justification. (These procedures are in accordance with department regulation 45 CFR 5b.7). Record Source Categories: The data contained in these records are furnished by the individual, or in the case of some MSP situations, through third party contacts. There are cases, however, in which the identifying information is provided to the physician by the individual; the physician then adds the medical information and submits the bill to the carrier for payment. Updating information is also obtained from the Railroad Retirement Board, and the Master Beneficiary Record maintained by the Social Security Administration. Systems Exempted from Certain Provisions of the Act: None. [FR Doc. E7-4889 Filed 3-16-07; 8:45 am] BILLING CODE 4120-03-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Pediatric Advisory Committee; Notice of Meeting AGENCY: Food and Drug Administration, HHS. ACTION: Notice. This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). The meeting will be open to the public. *Name of Committee* : Pediatric Advisory Committee. *General Function of the Committee* : To provide advice and recommendations to the agency on FDA's regulatory issues. The committee also advises and makes recommendations to the Secretary of Health and Human Services under 21 CFR 50.54 and 45 CFR 46.407 on research involving children as subjects that is conducted or supported by the Department of Health and Human Services, when that research is also regulated by FDA. *Date and Time* : The meeting will be held on April 11, 2007, from 4 p.m. to 6 p.m. *Location* : Advisory Committee Conference Room, rm. 1066, 5630 Fishers Lane, Rockville, MD. *Contact Person* : Carlos Pena, Office of Science and Health Coordination, Office of the Commissioner (HF-33), Food and Drug Administration, 5600 Fishers Lane, (for express delivery, rm. 14B-08), Rockville, MD 20857, 301-827-3340, e-mail: *Carlos.Pena@fda.hhs.gov* or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area), code 8732310001. Please call the Information Line for up to date information on this meeting. *Agenda* : The Pediatric Advisory Committee will hear and discuss reports by the agency, as mandated in section 17 of the Best Pharmaceuticals for Children Act, on adverse event reports for fluvastatin (LESCOL) and octreotide (SANDOSTATIN). The committee will also receive updates to adverse event reports for orlistat (XENICAL) and oxybutynin (DITROPAN) which were requested by the Pediatric Advisory Committee when the reports were first presented. FDA intends to make background material available to the public no later than 1 business day before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at *http://www.fda.gov/ohrms/dockets/ac/acmenu.htm* , click on the year 2007 and scroll down to the appropriate advisory committee link. *Procedure* : Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee. Written submissions may be made to the contact person on or before March 28, 2007. Oral presentations from the public will be scheduled between approximately 4 p.m. to 5 p.m. Those desiring to make formal oral presentations should notify the contact person and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation on or before by March 20, 2007. Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open pubic hearing session. The contact person will notify interested person regarding their request to speak by March 21, 2007. Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets. FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please notify Carlos Pena at least 7 days in advance of the meeting. Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2). Dated: March 8, 2007. Randall W. Lutter, Associate Commissioner for Policy and Planning. [FR Doc. E7-4877 Filed 3-16-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007D-0080] Draft Guidance for Industry on Indexing Structured Product Labeling; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration

(FDA)is announcing the availability of a draft guidance for industry entitled “Indexing Structured Product Labeling.” This guidance explains that the Center for Drug Evaluation and Research

(CDER)will index structured product labeling

(SPL)in the product labeling for human drugs. This guidance also makes recommendations to industry on how to request a change to the indexing information in the SPL. DATES: Submit written or electronic comments on the draft guidance by June 18, 2007. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the draft guidance to the Division of Drug Information (HFD-240), Center for Drug Evaluation and Research, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one self-addressed adhesive label to assist that office in processing your requests. Submit written comments on the draft guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to *http://www.fda.gov/dockets/ecomments* . See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. FOR FURTHER INFORMATION CONTACT: Laurie Burke, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, rm. 6462, Silver Spring, MD 20993-0002, *laurie.burke@fda.hhs.gov* . SUPPLEMENTARY INFORMATION: I. Background The Food and Drug Administration

(FDA)is announcing the availability of a draft guidance for industry entitled “Indexing Structured Product Labeling.” This guidance explains that FDA's CDER will index SPL in the product labeling for human drugs. This guidance also makes recommendations to industry on how to request a change to the indexing information in the SPL. A Health Level Seven

(HL7)1 standard, SPL is used for electronically exchanging the content of labeling and other regulated product information using the extensible markup language. The SPL standard enables the inclusion of indexing elements with product labeling. These machine-readable identifiers enable users, such as clinical decision support tools and electronic prescribing systems, to rapidly search and sort product information found in product labels. Indexing the SPL will greatly facilitate the efficient communication of important drug information to the public, helping create a more robust nationwide system for promoting the safe and effective use of drugs. 1 See *http://www.hl7.org* . (FDA has verified the Web site address, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the **Federal Register** .) After completing a 6-month pilot project evaluating how best to add indexing elements, FDA determined that the most efficient strategy is for FDA, not individual applicants, to index the SPL using a phased approach. We will index the pharmacological class during the first phase. We are adding pharmacologic class first because:

(1)It is important for the safe use of drugs,

(2)it is necessary for making future indexing meaningful (e.g., drug interactions), and

(3)this choice leverages existing FDA resources. After pharmacologic class, we will be seeking public input on which indexing elements should be added in future phases. The draft guidance also recommends that applicants submit any questions regarding existing indexing, including any requests to add or revise an indexing element, to CDER ( *spl@fda.hhs.gov* ). Inquiries and requests will be forwarded to the appropriate FDA personnel who will consider them and make the appropriate change in the SPL. This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the agency's current thinking on indexing SPL. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES ) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. III. Electronic Access Persons with access to the Internet may obtain the document at either *http://www.fda.gov/cder/guidance/index.htm* or *http://www.fda.gov/ohrms/dockets/default.htm.* Dated: March 7, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7-4881 Filed 3-16-07; 8:45 am] BILLING CODE 4160-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard [USCG-2007-27492] Chemical Transportation Advisory Committee AGENCY: Coast Guard, DHS. ACTION: Notice of meeting. SUMMARY: The Chemical Transportation Advisory Committee (CTAC), its Subcommittees on Hazardous Cargo Transportation Security (HCTS), the National Fire Protection Association

(NFPA)472 Standard, and Outreach, as well as its Working Group on Barge Hazard Communication will meet to discuss various issues relating to the marine transportation of hazardous materials in bulk. These meetings will be open to the public. DATES: Both the Subcommittee on Outreach and the Working Group on Barge Hazard Communication will meet on Tuesday, April 10, 2007, from 8 a.m. to 12 p.m. and the NFPA 472 Subcommittee will meet on Tuesday, April 10, 2007, from 12:30 p.m. to 4:30 p.m. The NFPA 472 Subcommittee will meet on Wednesday, April 11, 2007, from 8 a.m. to 12 p.m. and the Subcommittee on HCTS will meet on Wednesday, April 11, 2007, from 12:30 p.m. to 4:30 p.m. CTAC will meet on Thursday, April 12, 2007, from 9 a.m. to 3:30 p.m. These meetings may close early if all business is finished. Written material and requests to make oral presentations should reach the Coast Guard on or before April 3, 2007. Requests to have a copy of your material distributed to each member of the Committee should reach the Coast Guard on or before April 3, 2007. ADDRESSES: The meetings of the Subcommittees on Outreach, NFPA 472 and HCTS and the Working Group on Barge Hazard Communication will be held at the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. The CTAC meeting will be held at the Boston Marriott Quincy, 1000 Marriott Drive, Quincy, MA 02269. Send written material and requests to make oral presentations to Commander Richard Raksnis, Executive Director of CTAC, Commandant (CG-3PSO-3), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 or E-mail: *CTAC@comdt.uscg.mil.* This notice is available on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Commander Richard Raksnis, Executive Director of CTAC, or Ms. Sara Ju, Assistant to the Executive Director, telephone 202-372-1425, fax 202-372-1926. SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). Agenda of the Outreach Subcommittee Meeting on Tuesday, April 10, 2007

(1)Introduce Subcommittee members and attendees.

(2)Finalize the poster presentation for the Responsible Care Conference in May, 2007.

(3)Discuss outreach efforts on issues of barge emissions and vapor control systems. Agenda of the Barge Hazard Communication Working Group, April 10, 2007

(1)Introduce Working Group members and attendees.

(2)Draft letter for voluntary compliance with the 24-hour contact number.

(3)Develop future Working Group plans. Agenda of the NFPA 472 Subcommittee Meeting on Tuesday, April 10, 2007

(1)Introduce Subcommittee members and attendees.

(2)Complete first draft of proposed chapter describing competencies of responders to marine non-tank vessel incidents, for future incorporation into the NFPA 472 Standard, *Professional Competence of Responders to Hazardous Materials Incidents.* Agenda of the NFPA 472 Subcommittee Meeting on Wednesday, April 11, 2007

(1)Introduce Subcommittee members and attendees.

(2)Begin work on second draft of chapter describing competencies of responders to marine non-tank vessel incidents.

(3)Discuss future plans for the Subcommittee. Agenda of the Subcommittee on Hazardous Cargo Transportation Security

(HCTS)on Wednesday, April 11, 2007

(1)Introduce Subcommittee members and attendees.

(2)Discussion on updates to the Maritime Transportation Security Act

(MTSA)regulations.

(3)Discuss Coast Guard Certain Dangerous Cargo

(CDC)security project. Agenda of CTAC Meeting on Thursday, April 12, 2007

(1)Introduce Committee members and attendees.

(2)Status report presentation from the CTAC HCTS Subcommittee to include discussion and vote on comments to the MTSA regulations.

(3)Status report presentation from the CTAC Outreach Subcommittee.

(4)Status report presentation from the CTAC Barge Hazard Communication Working Group.

(5)Status report presentation from the CTAC MARPOL Annex II Working Group.

(6)Status report presentation from the NFPA 472 Subcommittee.

(7)Presentation on the Transportation Worker Identification Credential

(TWIC)Program.

(8)Presentation on the Marine Chemist Program.

(9)Presentation on LNG deepwater port issues.

(10)Update on Coast Guard regulatory projects. Procedural These meetings are open to the public. Please note that the meetings may close early if all business is finished. At the discretion of the Chair, members of the public may make oral presentations during the meetings generally limited to five minutes. If you would like to make an oral presentation at a meeting, please notify the Executive Director and submit written material on or before April 3, 2007. If you would like a copy of your material distributed to each member of the Committee in advance of a meeting, please submit 25 copies to the Executive Director (see ADDRESSES ) no later than April 3, 2007. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities, or to request special assistance at the meeting, telephone the Executive Director as soon as possible. Dated: March 8, 2007. J.G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E7-4935 Filed 3-16-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Extension of a Currently Approved Information Collection; Comment Request ACTION: 60-Day notice of information collection under review: Form N-455, Application for Transfer of Petition for Naturalization; OMB Control No. 1615-0055. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until May 18, 2007. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, 3rd floor, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at *rfs.regs@dhs.gov* . When submitting comments by e-mail please make sure to add OMB Control Number 1615-0055 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

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

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

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

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

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

(2)*Title of the Form/Collection:* Application for Transfer of Petition for Naturalization.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form N-455. U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Primary: Individuals or households. The form is provided by USCIS for use by a petitioner for naturalization to request a transfer of his or her application from one court to another court. USCIS will also use this form to make a recommendation to the court.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 100 responses at 10 minutes (.166) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 17 annual burden hours. If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Richard Sloan, Chief, Regulatory Management Division, 111 Massachusetts Avenue, 3rd Floor, Washington, DC 20529, telephone number 202-272-8377. Dated: March 14, 2007. Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-4947 Filed 3-16-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Revision of an Existing Information Collection; Comment Request ACTION: 60-Day notice of information collection under review: Form I-643, Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status; OMB Control No. 1615-0070. The Department of Homeland Security, U.S. Citizenship and Immigration Services has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until May 18, 2007. Written comments and suggestions regarding the item(s) contained in this notice, and especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), USCIS, Chief, Regulatory Management Division, Clearance Office, 111 Massachusetts Avenue, NW., 3rd Floor, Suite 3008, Washington, DC 20529. Comments may also be submitted to DHS via facsimile to 202-272-8352, or via e-mail at *rfs.regs@dhs.gov* . When submitting comments by e-mail please add the OMB Control Number 1615-0070 in the subject box. Written comments and suggestions from the public and affected agencies concerning the collection of information should address one or more of the following four points:

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

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

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

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

(1)*Type of Information Collection:* Revision of an existing information collection.

(2)*Title of the Form/Collection:* Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status.

(3)*Agency form number, if any, and the applicable component of the Department of Homeland Security sponsoring the collection:* Form I-643. U.S. Citizenship and Immigration Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* Individuals or Households. Refugees and asylees, Cuban/Haitian Entrants under section 202 of Public Law 99-603, and Amerasians under Public Law 97-359, must use this form when applying for adjustment of status, with the U.S. Citizenship and Immigration Services (USCIS). USCIS will provide the data collected on this form to the Department of Health and Human Services (HHS).

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* 195,000 responses at 55 minutes (.916) per response.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 178,620 annual burden hours. If you have additional comments, suggestions, or need a copy of the information collection instrument, please contact Richard A. Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, 111 Massachusetts Avenue, NW., 3rd Floor, Suite 3008, Washington, DC 20529; Telephone No. 202-272-8377. Dated: March 14, 2007. Richard Sloan, Chief, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. E7-4948 Filed 3-16-07; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5030-FA-04] Announcement of Funding Awards for the Rural Housing and Economic Development Program Fiscal Year 2006 AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of funding awards. SUMMARY: In accordance with section 102 (a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in a competition for funding under the Notice of Funding Availability

(NOFA)for the Rural Housing and Economic Development Program. This announcement contains the names of the awardees and the amounts of the awards. FOR FURTHER INFORMATION CONTACT: Jackie L. Williams, Ph.D., Director, Office of Rural Housing and Economic Development, Office of Community Planning and Development, 451 Seventh Street, SW., Room 7137, Washington, DC 20410-7000; telephone

(202)708-2290 (this is not a toll-free number). Hearing- and speech-impaired persons may access this number via TTY by calling the Federal Relay Service toll-free at

(800)877-8339. For general information on this and other HUD programs, call Community Connections at

(800)998-9999 or visit the HUD Web site at *http://www.hud.gov.* SUPPLEMENTARY INFORMATION: The Rural Housing and Economic Development program was authorized by the Department of Veterans Affairs, Housing and Urban Development and Independent Agencies Appropriations Act of 1999. The competition was announced in the NOFA published March 8, 2006 (71 FR 11903). Applications were rated and selected for funding on the basis of selection criteria contained in that notice. The Catalog of Federal Domestic Assistance number for this program is 14.250. The Rural Housing and Economic Development Program is designed to build capacity at the State and local level for rural housing and economic development and to support innovative housing and economic development activities in rural areas. Eligible applicants are local rural non-profit organizations, community development corporations, federally recognized Indian tribes, state housing finance agencies, and State community and/or economic development agencies. The funds made available under this program were awarded competitively, through a selection process conducted by HUD. For the Fiscal Year 2006 competition, a total of $16,800,000 was awarded to 56 projects nationwide. In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is publishing the grantees and amounts of the awards in Appendix A to this document. Dated: February 22, 2007. Nelson R. Bregón, General Deputy Assistant Secretary for Community Planning and Development. Appendix A—Fiscal Year 2006 Funding Awards for Rural Housing and Economic Development Program Recipient City State Award Rural Alaska Community Action Program, Inc Anchorage AK 300,000 Chilkot Indian Association Haines AK 300,000 Asa'carsarmiut Tribal Council Mountain Village AK 300,000 Organized Village of Kasaan Ketchikan AK 300,000 Hale Empowerment and Revitalization Organization Greensboro, AL 300,000 Volunteers of America Southeast, Inc. Mobile AL 300,000 International Sonoran Desert Alliance Ajo AZ 300,000 Elfrida Citizens' Alliance Elfrida AZ 300,000 West Fresno Coalition for Economic Development Fresno CA 300,000 Relational Culture Institute Fresno CA 300,000 Shingle Springs Rancheria Shingle Springs CA 300,000 Better Opportunities Builders, Inc. Fresno CA 300,000 Bear River Band of Rohnerville Rancheria Loteta CA 300,000 Huerfano/Las Aminas Area COG Trinidad CO 300,000 Everglades Community Association Florida FL 300,000 Southwest Georgia United Empowerment Zone, Inc Vienna GA 300,000 Area Committee to Improve Opportunities, NOW Athens GA 300,000 CDC of Southwest Georgia Colquitt GA 300,000 Youthbuild McLean County Bloomington IL 300,000 Shawnee Development Council, Inc. Karnak IL 300,000 Purchase Area Housing Corporation Mayfield KY 300,000 Passamaquoddy Development and Supply, Co Parry ME 300,000 Community Action Agency of South Central Michigan Battle Creek MI 300,000 Little River Band of Ottawa Indians Manistee MI 300,000 Mid-Delta Empowerment Zone Alliance Itta Bena MS 300,000 Fort Peck Assiniboini and Sioux Tribes Poplar MT 300,000 The Heritage Institute Glasgow MT 300,000 Omaha Tribe of Nebraska Macy NE 300,000 Santee Sioux Tribe of Nebraska Niobrara NE 300,000 Ho-Chunk Community Development Corporation Walthill NE 300,000 Navajo Partnership for Housing, Inc. Gallup NM 300,000 Native American Lending Group, Inc. Albuquerque NM 300,000 Eastern Plains Housing Development Corporation Clovis NM 300,000 ACCION, New Mexico Alburquerque NM 300,000 The Dona Anna County Colonias Development Council Las Cruces NM 300,000 Pueblo of Picuris Penasco NM 300,000 Pueblo De San Lidefonso Sante Fe NM 300,000 Pueblo of Pojoaque Sante Fe NM 300,000 Fallon Paiute Shoshone Tribe Fallon NV 300,000 Cortland Housing Assistance Council, Inc. Cortland NY 300,000 Haliwa-Saponi Indian Tribe Hollister NC 300,000 Turtle Mountain Band of Chippewa Indians Belcourt ND 300,000 Northeast South Dakota Community Action Program Sisseton SD 300,000 Oglala Sioux Tribe Partnership for Housing Pine Ridge SD 300,000 The Lakota Fund Kyle SD 300,000 Buffalo Valley, Inc. Hohewald TN 300,000 Creative Compassion, Inc. Crossville TN 300,000 West Tennessee Legal Services, Inc. Jackson TN 300,000 Community Development Corporation of Brownsville Brownsville TX 300,000 El Paso Empowerment Zone Corporation El Paso TX 300,000 Community Development Corporation Of South Texas McAllen TX 300,000 Organizacion Progresiva de San Elizario San Elizario TX 300,000 Proyecto Azteca San Juan TX 300,000 Willacy County Industrial Foundation, Inc. Raymondville TX 300,000 Southern Appalachian Labor School Kincaid WV 300,000 Stop Abusive Family Environments, Inc. Welch WV 300,000 [FR Doc. E7-4880 Filed 3-16-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Intent To Prepare Comprehensive Conservation Plans and Environmental Assessments for Mandalay and Bayou Teche National Wildlife Refuges in South Louisiana AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of intent. SUMMARY: This notice advises the public that the Fish and Wildlife Service intends to gather information necessary to prepare comprehensive conservation plans and environmental assessments pursuant to the National Environmental Policy Act and its implementing regulations for Mandalay and Bayou Teche National Wildlife Refuges in Terrebonne and Saint Mary Parishes, Louisiana. Mandalay and Bayou Teche Refuges are two of the eight refuges administered by the Southeast Louisiana National Wildlife Refuge Complex. The purpose in developing a comprehensive conservation plan is to provide refuge managers with a 15-year strategy for achieving refuge purposes and contributing toward the mission of the National Wildlife Refuge System, consistent with sound principles of fish and wildlife management, conservation, legal mandates, and Service policies. In addition to outlining broad management direction on conserving wildlife and their habitats, plans identify wildlife-dependent opportunities available to the public, including opportunities for hunting, fishing, wildlife observation, wildlife photography, and environmental education and interpretation. The purpose of this notice is to achieve the following:

(1)Advise other agencies and the public of our intentions, and

(2)Obtain suggestions and information on the scope of issues to include in the environmental documents. DATES: Please provide written comments on the scope of issues to include in the environmental documents by May 18, 2007. ADDRESSES: Address comments, questions, and requests for further information to the following: Charlotte Parker, Natural Resource Planner, Southeast Louisiana National Wildlife Refuge Complex, 61389 Highway 434, Lacombe, Louisiana 70445; Telephone: 985-882-2000. Comments may also be submitted electronically to *Charlotte_Parker@fws.gov* . SUPPLEMENTARY INFORMATION: Open house style public scoping meetings will be held in Houma and Franklin during the comprehensive conservation plan development phase. Special mailings, newspaper articles, and other media announcements will be used to inform the public and state and local government agencies of the opportunities for input throughout the planning process. Many elements will be considered, including wildlife and habitat management, public recreational activities, and cultural resource protection. Public input into the planning process is essential. All comments received become part of the official public record. Requests for such comments will be handled in accordance with the Freedom of Information Act and other Service and Departmental policies and procedures. Mandalay National Wildlife Refuge, established in 1996, is in Terrebone Parish in southeast Louisiana. The 4,212-acre refuge is composed of freshwater marsh and cypress-tupelo swamp. The refuge provides excellent habitat for waterfowl, wading birds, and neotropical migratory songbirds. Bayou Teche National Wildlife Refuge, established in 2001, is in Saint Mary Parish in southeast Louisiana. The 19,113-acre refuge is composed of bottomland hardwood and cypress-gum forests. The refuge provides habitat for the threatened Louisiana black bear, as well as high-quality habitat for migratory birds. Authority: This notice is published under the authority of the National Wildlife Refuge System Improvement Act of 1997, Public Law 105-57. Dated: December 19, 2006. Cynthia K. Dohner, Acting Regional Director. [FR Doc. E7-4911 Filed 3-16-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Announcement of Fund Availability, Competitive Grant Program AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of funding availability and solicitation of applications. SUMMARY: This notice informs Indian tribes that grant funds are available through a Competitive Grant Program and that the Office of Indian Energy and Economic Development

(IEED)is soliciting applications from eligible interested entities. To encourage greater tribal participation in this initiative, IEED is offering grants to assist federally-recognized Indian tribes in preparing tribal plans designed for participation in Public Law 102-477. DATES: Applications must be received on or before April 18, 2007. Applications received after this date will not be considered. ADDRESSES: Mail or hand deliver applications to: Office of Indian Energy and Economic Development, *Attention:* Lynn Forcia, Chief, Division of Workforce Development, Mail Stop 20-SIB, 1951 Constitution Avenue, NW., Washington, DC 20245. Potential applicants should fax a request for a copy of the guidance to

(202)208-6991. FOR FURTHER INFORMATION CONTACT: Lynn Forcia,

(202)219-5270 or Jody Garrison,

(202)208-2685. SUPPLEMENTARY INFORMATION: This solicitation consists of six parts. • Part I provides the funding description and background information. • Part II describes the selection criteria. • Part III provides the form and content of application submission. • Part IV provides application review information. • Part V provides information for selection and non-selection of applicants for award. • Part VI describes the authority which grants this solicitation for applications for this grant. I. Background Congress enacted Public Law 102-477

(477)on October 23, 1992, with full tribal participation, and it was implemented on January 1, 1994. The 477 initiative is a program that enables tribes to consolidate Federal funds and devote up to 25 percent of their total resources for economic development projects. The 477 Tribal Work Group, composed of existing grantees, has provided training for tribes wishing to participate in this program. Independent studies, congressional testimony, the Office of Management and Budget's PART review, and 477 participating tribes have all recognized 477 as an innovative and successful program of benefit to tribes. However, the program has grown slowly over the past 12 years. Many tribes not a part of 477 have lacked the opportunity to determine whether their participation in this program would be suitable for their communities. To encourage greater tribal participation in this highly successful initiative, the Office of Indian Energy and Economic Development

(IEED)is offering grants to assist tribes to develop 477 plans. A limited number of tribal grantees chosen, on a competitive basis, will be provided funding up to $25,000 to develop a 477 plan, which will meet statutory requirements. II. Selection Criteria IEED will select applicants for the grant funding based upon the following criteria: • 40 percent need—the tribe's demonstration that it lacks resources necessary to prepare a plan; • 30 percent—the extent to which the tribal staff responsible for implementation of the program will have been involved in the preparation of a plan; and • 30 percent—the extent to which job creation and/or job accessibility activities are planned. In order to be considered eligible for consideration, tribes must document successful audits for the past 2 years. III. Form and Content of Application Submission All applications must contain the following information or documentation:

(1)Standard Form 424, Application for Financial Assistance.

(2)Budget not to exceed $25,000, which identifies proposed expenses (1-2 pages).

(3)Narrative (not to exceed 5 pages) which—

(a)Identifies the Federal programs the tribe intends to incorporate into the 477 plan, with estimated funding levels;

(b)Explains the tribe's need for financial assistance to prepare a plan;

(c)States why the tribe intends to participate in Public Law 102-477 and the expected measurable outcome; and,

(d)Provides the contact person's name, address, and fax and telephone numbers.

(4)One copy of the single audit for the past 2 years, if tribe is required to complete audits. IV. Application Review Information Within 30 days of receiving the application, IEED will acknowledge receipt by letter to the applicant. The application will be reviewed for completeness to determine if it contains all of the items required. If the application is incomplete or ineligible, it will be returned to the applicant with an explanation from the Division of Workforce Development. A review team will evaluate all applications and make overall recommendations based on factors such as eligibility, application completeness, and conformity to application requirements. They will score the applications based on criteria under the heading “Selection Criteria.” All applications that are complete and eligible will be ranked competitively based on the criteria under the heading “Form and Content of Application Submission.” V. Notification of Selection/Non-Selection Those tribes selected to participate will be notified by letter. Tribes will be notified within 60 days of the application deadline. Upon notification, each tribe selected will be awarded a grant. The Chief, Division of Workforce Development will notify each tribe of non-selection. VI. Authority This notice is published in accordance with Public Law 102-477 and is in the exercise of authority delegated to the Principal Deputy Assistant Secretary—Indian Affairs by 209 DM 8. Dated: March 7, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-4953 Filed 3-16-07; 8:45 am] BILLING CODE 4310-4M-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Approved Tribal-State Class III Gaming Amendment. SUMMARY: This notice publishes an approval of the amendment to the Tribal-State Compact for regulation of Class III gaming between the Confederated Tribes of the Umatilla Indian Reservation and the State of Oregon. DATES: *Effective Date:* March 19, 2007. FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240,

(202)219-4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the **Federal Register** notice of approved Tribal-State Compacts for the purpose of engaging in Class III gaming activities on Indian lands. This amendment expands the distribution of the funds in the Fund Administration to the tribes' political subdivisions and clarifies that local government bodies includes school districts and individual schools. Dated: March 7, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-4905 Filed 3-16-07; 8:45 am] BILLING CODE 4310-4N-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Approved Tribal-State Compact. SUMMARY: This notice publishes approval of the compact between the Sovereign Indian Nation of the Omaha Tribe of Nebraska and the Sovereign State of Iowa. DATES: *Effective Date:* March 19, 2007. FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240,

(202)219-4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the **Federal Register** notice of approved Tribal-State Compacts for the purpose of engaging in class III gaming activities on Indian lands. This compact allows for the extension of the current compact and clarifies the regulatory scheme. Dated: March 7, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary-Indian Affairs. [FR Doc. E7-4904 Filed 3-16-07; 8:45 am] BILLING CODE 4310-4N-P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice of Approved Tribal-State Class III Gaming Compact. SUMMARY: This notice publishes an approval of the Tribal-State Gaming Compact for regulation of Class III gaming between the Cow Creek Band of Umpqua Tribe of Indians and the State of Oregon. DATES: *Effective Date:* March 19, 2007. FOR FURTHER INFORMATION CONTACT: George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240,

(202)219-4066. SUPPLEMENTARY INFORMATION: Under section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Law 100-497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the **Federal Register** notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. This compact establishes regulatory, oversight and monitoring roles between the parties. The division of regulatory, oversight and monitoring roles in this compact reserves for the tribe the primary responsibility for regulating Class III gaming on tribal land; however, this compact provides the State of Oregon, acting through the Oregon State Police, with important monitoring and oversight responsibilities to assure the fairness, integrity, security and honesty of the Class III gaming. Dated: March 7, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. [FR Doc. E7-4903 Filed 3-16-07; 8:45 am] BILLING CODE 4310-4N-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-926-07-1910-BJ-5GEV] Montana: Filing of Plat of Survey AGENCY: Bureau of Land Management, Montana State Office, Interior. ACTION: Notice of Filing of Plat of Survey. SUMMARY: The Bureau of Land Management

(BLM)will file the plat of survey of the lands described below in the BLM Montana State Office, Billings, Montana,

(30)days from the date of publication in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: Marvin Montoya, Cadastral Surveyor, Branch of Cadastral Survey, Bureau of Land Management, 5001 Southgate Drive, Billings, Montana 59101-4669, telephone

(406)896-5124 or

(406)896-5009. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Cheyenne River Agency, through the Great Plains Regional Director, Bureau of Indian Affairs and was necessary to determine Trust and Tribal lands. The lands we surveyed are: Black Hills Meridian, South Dakota T. 8 N., R. 23 E. The plat, in 2 sheets, representing the dependent resurvey of a portion of the Second Standard Parallel North, through Range 23 East, a portion of the subdivisional lines, a portion of the subdivision of section 5, a portion of the adjusted 1931 meanders of the left bank of the Cheyenne River, downstream, through sections 2 and 5, and the survey of portions of the meanders of the present left bank of the Cheyenne River, downstream, through sections 2 and 5, and certain division of accretion lines, in Township 8 North, Range 23 East, Black Hills Meridian, South Dakota, was accepted March 7, 2007. We will place copies of the plat only, in 2 sheets, we described in the open files. They will be available to the public as a matter of information. If BLM receives a protest against this survey, as shown on this plat, in 2 sheets, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. We will not officially file this plat, in 2 sheets, until the day after we have accepted or dismissed all protests and they have become final, including decisions or appeals. Dated: March 9, 2007. Michael T. Birtles, Chief Cadastral Surveyor, Division of Resources. [FR Doc. E7-4910 Filed 3-16-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-957-07-1910-BJ-5GKW] Notice of Filing of Plats of Survey, Nebraska AGENCY: Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey, Nebraska. SUMMARY: The Bureau of Land Management

(BLM)is scheduled to file the plats of survey of the lands described below thirty

(30)calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003. SUPPLEMENTARY INFORMATION: This survey was executed at the request of the Bureau of Indian Affairs and is necessary for the management of these lands. The lands surveyed are: The plats and field notes representing the dependent resurvey of portions of the Sixth Standard Parallel North, through Range 10 East, the east and west boundaries, the subdivisional lines, the subdivision of section lines, and the original 1867 meander line of the right bank of the Missouri River, the corrective dependent resurvey of portions of the Sixth Standard Parallel North, through Range 10 East, the subdivisional lines, and the subdivision of section lines, and the survey of the subdivision of certain sections, Township 24 North, Range 10 East, of the Sixth Principal Meridian, Nebraska, was accepted March 8, 2007. Copies of the preceding described plat and field notes are available to the public at a cost of $1.10 per page. Dated: March 12, 2007. John P. Lee, Chief Cadastral Surveyor, Division of Support Services. [FR Doc. E7-4922 Filed 3-16-07; 8:45 am] BILLING CODE 4467-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-957-07-1420-BJ] Notice of Filing of Plats of Survey, Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Notice of filing of plats of survey, Wyoming. SUMMARY: The Bureau of Land Management

(BLM)has filed the plats of survey of the lands described below in the BLM Wyoming State Office, Cheyenne, Wyoming, on the dates indicated. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003. SUPPLEMENTARY INFORMATION: These surveys were executed at the request of the Bureau of Land Management, and are necessary for the management of resources. The lands surveyed are: The plat and field notes representing the dependent resurvey of a portion of the north boundary and a portion of the subdivisional lines, Township 50 North, Range 79 West, Sixth Principal Meridian, Wyoming, Group No. 748, was accepted and filed November 17, 2006. The plat and field notes representing the dependent resurvey of the east boundary, a portion of the north boundary and a portion of the subdivisional lines, Township 51 North, Range 79 West, Sixth Principal Meridian, Wyoming, Group No. 750, was accepted and filed November 17, 2006. The plat that represents the entire record of the survey of a portion of the boundary between the Grand Teton National Park and the Bridger-Teton National Forest, along the hydrographic divide as defined by Congressional Act, February 26, 1929, Public Law 70-817, within the unsurveyed portion of Township 42 North, Range 117 West, Sixth Principal Meridian, Wyoming, Group No. 764, was accepted and filed January 31, 2007. Copies of the preceding described plats and field notes are available to the public at a cost of $1.10 per page. Dated: March 13, 2007. John P. Lee, Chief Cadastral Surveyor, Division of Support Services. [FR Doc. E7-4923 Filed 3-16-07; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Minerals Management Service Agency Information Collection Activities: Submitted for Office of Management and Budget

(OMB)Review; Comment Request AGENCY: Minerals Management Service (MMS), Interior. ACTION: Notice of an extension of an information collection (1010-0006). SUMMARY: To comply with the Paperwork Reduction Act of 1995 (PRA), we are notifying the public that we have submitted to OMB an information collection request

(ICR)to renew approval of the paperwork requirements in the regulations under 30 CFR part 256, “Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf.” This notice also provides the public a second opportunity to comment on the paperwork burden of these regulatory requirements. DATES: Submit written comments by April 18, 2007. ADDRESSES: You may submit comments on this information collection directly to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs, OMB, *Attention:* Desk Officer for the Department of the Interior via OMB *e-mail:* ( *OIRA_DOCKET@omb.eop.gov* ); or by fax

(202)395-6566; identify with (1010-0006). Submit a copy of your comments to the Department of the Interior, MMS, via: • MMS's Public Connect on-line commenting system, *https://ocsconnect.mms.gov.* Follow the instructions on the Web site for submitting comments. • E-mail MMS at *rules.comments@mms.gov.* Use Information Collection Number 1010-0006, in the subject line. • *Fax:* 703-787-1093. Identify with Information Collection Number 1010-0006. • Mail or hand-carry comments to the Department of the Interior; Minerals Management Service; *Attention:* Rules Processing Team (RPT); 381 Elden Street, MS-4024; Herndon, Virginia 20170-4817. Please reference “Information Collection 1010-0006” in your comments. FOR FURTHER INFORMATION CONTACT: Cheryl Blundon, Regulations and Standards Branch,

(703)787-1607. You may also contact Cheryl Blundon to obtain a copy, at no cost, of the ICR, the forms, and the regulations that require the subject collection of information. SUPPLEMENTARY INFORMATION: *Title:* 30 CFR Part 256, “Leasing of Sulphur or Oil and Gas in the Outer Continental Shelf.” *OMB Control Number:* 1010-0006. *Abstract:* The Outer Continental Shelf

(OCS)Lands Act, as amended (43 U.S.C. 1331 *et seq.* and 43 U.S.C. 1801 *et seq.* ), authorizes the Secretary of the Interior (Secretary) to prescribe rules and regulations to administer leasing of the OCS. Such rules and regulations will apply to all operations conducted under a lease. Operations on the OCS must preserve, protect, and develop oil and natural gas resources in a manner that is consistent with the need to make such resources available to meet the Nation's energy needs as rapidly as possible; to balance orderly energy resource development with protection of human, marine, and coastal environments; to ensure the public a fair and equitable return on the resources of the OCS; and to preserve and maintain free enterprise competition. Also, the Energy Policy and Conservation Act of 1975

(EPCA)prohibits certain lease bidding arrangements (42 U.S.C. 6213(c)). The Independent Offices Appropriations Act of 1952 (IOAA), 31 U.S.C. 9701, authorizes Federal agencies to recover the full cost of services that provide special benefits. Under the Department of the Interior's

(DOI)policy implementing the IOAA, the Minerals Management Service

(MMS)is required to charge the full cost for services that provide special benefits or privileges to an identifiable non-Federal recipient above and beyond those that accrue to the public at large. Instruments of transfer of a lease or interest are subject to cost recovery, and MMS regulations specify the filing fee for these transfer applications. These authorities and responsibilities are among those delegated to the MMS under which we issue regulations governing oil and gas and sulphur operations in the OCS. This information collection request

(ICR)addresses the regulations at 30 CFR 256, Leasing of Sulphur or Oil and Gas in the OCS, and the associated supplementary Notices to Lessees

(NTLs)and operators intended to provide clarification, description, or explanation of these regulations. Responses are required to obtain or retain a benefit. No questions of a “sensitive” nature are asked. The individual responses to Calls for Information are the only information collected involving the protection of confidentiality. The MMS will protect specific individual replies from disclosure as proprietary information according to section 26 of the OCS Lands Act, the Freedom of Information Act (5 U.S.C. 552) and its implementing regulations (43 CFR part 2), and § 256.10(d). The MMS uses the information required by 30 CFR part 256 to determine if applicants are qualified to hold leases in the OCS. Specifically, MMS uses the information to: • Verify the qualifications of a bidder on an OCS lease sale. Once the required information is filed with MMS, a qualification number is assigned to the bidder so that duplicate information is not required on subsequent filings. • Develop the semiannual List of Restricted Joint Bidders. This identifies parties ineligible to bid jointly with each other on OCS lease sales, under limitations established by the EPCA. • Ensure the qualification of assignees and track operators on leaseholds. Once a lease is awarded, the transfer of a lessee's interest to another qualified party must be approved by an MMS regional director, regional supervisor, or regional manager (Pacific Region only). Also, a lessee may designate an operator to act on the lessee's behalf. This designation must be approved by MMS before the designated operator may begin operations. • Document that a leasehold or geographical subdivision has been surrendered by the record title holder. The MMS will use this information to update the corporate database which is used to determine what leases are available for a lease sale and the ownership of all OCS leases. Non-proprietary information is also publicly available from the MMS corporate database via the Internet. The MMS uses the information required by subpart J, Assignments, Transfers and Extensions, to track the ownership of leases as to record title, operating rights, and pipeline right-of-ways. The MMS also uses various forms relating to this subpart—forms to process bonds per subpart I, Bonding, the transfer of interest in leases per subpart J, Assignments, Transfers and Extensions, and the filing of relinquishments per subpart K, Termination of Leases. The forms allow lessees to submit the required information in a standardized format that helps MMS process the data in a more timely and efficient manner. The forms are: • MMS-150, Assignment of Record Title Interest in Federal OCS Oil and Gas Lease, • MMS-151, Assignment of Operating Rights Interest in Federal OCS Oil and Gas Lease, • MMS-152, Relinquishment of Federal OCS Oil and Gas Lease. • MMS-2028, OCS Mineral Lessee's and Operator's Bond, • MMS-2028A, OCS Mineral Lessee's and Operator's Supplemental Plugging and Abandonment Bond, *Frequency:* On occasion. *Estimated Number and Description of Respondents:* Approximately 256 respondents (Federal oil and gas or sulphur lessees). *Estimated Reporting and Recordkeeping “Hour” Burden:* The estimated annual “hour” burden for this information collection is a total of 17,058 hours. In calculating the burdens, we assumed that respondents perform certain requirements in the normal course of their activities. We consider these to be usual and customary and took that into account in estimating the burden. Citation 30 CFR Part 256 Reporting requirement Fees Hour burden Average No. of annual responses Annual burden hours Subparts A, C, E, H, L, M None Not applicable 0 Subparts G, H, I, J: 37; 53; 68; 70; 71; 72; 73 Request approval for various operations or submit plans or applications Burden included with other approved collections in 30 CFR Part 250 (1010-0114, 1010-0141, 1010-0142, 1010-0149, 1010-0151) 0 Subpart B: All sections Submit suggestions and relevant information in response to request for comments on proposed 5-year leasing program, including information from States/local governments 4 1 response 4 Subpart D: All sections Submit response to Call for Information and Nominations on areas for leasing of minerals in specified areas in accordance with an approved leasing program, including information from States/local governments 4 1 response 4 Subpart F: 31 States or local governments submit comments/recommendations on size, timing or location of proposed lease sale 4 10 responses 40 Subpart G: 35; 46(d),

(e)Establish a Company File for qualification; submit updated information, submit qualifications for lessee/bidder, request exception 2 104 responses 208 41; 43; 46(g) Submit qualification of bidders for joint bids and statement or report of production/appeal 2 100 responses 200 44; 46 Submit bids and required information 5 2,000 bids 10,000 47(c) File agreement to accept joint lease on tie bids 3 1/2 2 agreements 7 47(e)(1), (e)(3) Request for reconsideration of bid rejection Exempt as defined in 5 CFR 1320.3(h)(9) 0 47(f), (i); 50 Execute lease (includes submission of evidence of authorized agent and request for dating of leases) 1 852 leases 852 Subpart I: 52(f)(2), (g)(2) Submit authority for Regional Director to sell Treasury or alternate type of securities 2 10 submissions 20 53(a), 53(b); 54 OCS Mineral Lessee's and Operator's Bond (Form MMS-2028) 1/4 124 responses 31 53(c), (d), (f); 54(d), 54(e) Demonstrate financial worth/ability to carry out present and future financial obligations, request approval of another form of security, or request reduction in amount of supplemental bond required 3 1/2 165 submissions 1 578 54 OCS Mineral Lessee's and Operator's Supplemental Plugging & Abandonment Bond (Form MMS-2028A) 1/4 136 responses 34 55 Notify MMS of any lapse in previous bond/action filed alleging lessee, surety, or guarantor is insolvent or bankrupt 1 3 notices 3 56 Provide plan/instructions to fund lease-specific abandonment account and related information; request approval to withdraw funds 12 1 submission 12 57 Provide third-party guarantee, indemnity agreement, financial information, related notices, reports, and annual update; notify MMS if guarantor becomes unqualified 19 45 submissions 855 57(d)(3); 58 Notice of and request approval to terminate period of liability, cancel bond, or other security 1/2 378 requests 189 59(c)(2) Provide information to demonstrate lease will be brought into compliance 16 5 responses 80 Subpart J: 62; 63; 64; 65; 67 File application and required information for assignment or transfer for approval (Forms MMS-150 and MMS-151) 2 forms @ 30 min ea = 1 hr 3,000 applications 3,000 3,000 Title/Rights (Transfer) fee @ $170 = $510,000 63; 64(a)(8) Submit non-required documents, for record purposes, which respondents want MMS to file with the lease document Accepted on behalf of lessees as a service, MMS does not require nor need the filings 0 3,725 filing fees @ $25 ea = $93,125 64(a)(7) File required instruments creating or transferring working interests, etc., for record purposes 1 700 filings 700 Subpart K: 76 File written request for relinquishment (Form MMS-152) 1/2 240 relinquishments 120 77(c) Comment on lease cancellation (MMS expects 1 in 10 years) 1 1 1 Total Reporting 7,878 Responses 17,058 Hours $603,125 Fees 1 (Rounded). *Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden:* There are two non-hour costs associated with this information collection. The estimated non-hour cost burden is $603,125. Sections 256.62 and 256.64(a) require respondents to pay filing fees when submitting a request for assignment or transfer, and to file documents for record purposes. The application filing fees are required to recover the Federal Government's processing costs. We have not identified any other “non-hour cost” burdens associated with this collection of information. *Public Disclosure Statement:* The PRA (44 U.S.C. 3501, *et seq.* ) provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. *Comments:* Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3501, *et seq.* ) requires each agency “* * * to provide notice * * * and otherwise consult with members of the public and affected agencies concerning each proposed collection of information * * *” Agencies must specifically solicit comments to:

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

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

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

(d)minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. To comply with the public consultation process, on August 16, 2006, we published a **Federal Register** notice (71 FR 47243) announcing that we would submit this ICR to OMB for approval. The notice provided the required 60-day comment period. In addition, § 256.0 and the PRA statement on the MMS forms display the OMB control number, specifies that the public may comment at anytime on the collection of information required in the 30 CFR part 256 regulations and forms, and provides the address to which they should send comments. We have received one comment in response to those efforts, but it was not germane to the paperwork burden of the information collection. If you wish to comment in response to this notice, you may send your comments to the offices listed under the ADDRESSES section of this notice. OMB has up to 60 days to approve or disapprove the information collection but may respond after 30 days. Therefore, to ensure maximum consideration, OMB should receive public comments by April 18, 2007. *Public Comment Procedures:* The MMS's practice is to make comments, including names and addresses of respondents, available for public review. If you wish your name and/or address to be withheld, you must state this prominently at the beginning of your comment. The MMS will honor the request to the extent allowable by the law; however, anonymous comments will not be considered. There may be circumstances in which we would withhold from the record a respondent's identity, as allowable by the law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. In addition, you must present a rationale for withholding this information. This rationale must demonstrate that disclosure “would constitute an unwarranted invasion of privacy.” Unsupported assertions will not meet this burden. In the absence of exceptional, documentable circumstances, this information will be released. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public inspection in their entirety. *MMS Information Collection Clearance Officer:* Arlene Bajusz,

(202)208-7744. Dated: November 30, 2006. E.P. Danenberger, Chief, Office of Offshore Regulatory Programs. This document was received at the Office of the Federal Register on March 13, 2007. [FR Doc. E7-4888 Filed 3-16-07; 8:45 am] BILLING CODE 4310-MR-P DEPARTMENT OF THE INTERIOR Minerals Management Service Outer Continental Shelf

(OCS)Beaufort Sea Alaska, Oil and Gas Lease Sale 202 AGENCY: Minerals Management Service, Interior. ACTION: Final Notice of Sale OCS Oil and Gas Lease Sale 202, Beaufort Sea. SUMMARY: The MMS will hold OCS Oil and Gas Lease Sale 202 on April 18, 2007, in accordance with provisions of the OCS Lands Act (43 U.S.C. 1331-1356, as amended), the implementing regulations (30 CFR part 256), and the OCS Oil and Gas Leasing Program for 2002-2007. DATES: Lease Sale 202 is scheduled to be held on April 18, 2007, at the Wilda Marston Theatre, Z. J. Loussac Public Library, 3600 Denali Street, Anchorage, Alaska. Public reading will begin at 9 a.m. All times referred to in this document are local Anchorage, Alaska times, unless otherwise specified. ADDRESSES: A package containing the Final Notice of Sale

(NOS)and several supporting and essential documents referenced herein are available from: Alaska OCS Region, Information Resource Center, Minerals Management Service, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503-5823, *Telephone:*

(907)334-5200 or 1-800-764-2627. These documents are also available on the MMS Alaska OCS Region's Web site at *http://www.mms.gov/alaska.* Bid Submission Deadline: Bidders will be required to submit bids to the MMS at the Alaska OCS Region Office, 3801 Centerpoint Drive, Suite 500, Anchorage, Alaska 99503, by 10 a.m. on the day before the sale, Tuesday, April 17, 2007. If bids are mailed, the envelope containing all of the sealed bids must be marked as follows: *Attention:* Mr. Fred King, Contains Sealed Bids for Sale 202. If bids are received later than the time and date specified above, they will be returned unopened to the bidders. Bidders may not modify or withdraw their bids unless the Regional Director, Alaska OCS Region receives a written modification or written withdrawal request prior to 10 a.m., Tuesday, April 17, 2007. Should an unexpected event such as an earthquake or travel restrictions be significantly disruptive to bid submission, the Alaska OCS Region may extend the Bid Submission Deadline. Bidders may call

(907)334-5200 for information about the possible extension of the Bid Submission Deadline due to such an event. Four blocks in the easternmost Beaufort Sea area are subject to claims by both the United States and Canada. This Notice refers to this area as the Disputed Portion of the Beaufort Sea. The section on Method of Bidding identifies the four blocks and describes the procedures for submitting bids for them. Area Offered for Leasing: The MMS is offering for leasing all whole and partial blocks listed in the document “Blocks Available for Leasing in OCS Oil and Gas Lease Sale 202” included in the Final NOS 202 package. All of these blocks are shown on the following Official Protraction Diagrams (which may be purchased from the Alaska OCS Region): NR 05-01, Dease Inlet, revised September 30, 1997 NR 05-02, Harrison Bay North, revised September 30, 1997 NR 05-03, Teshekpuk, revised September 30, 1997 NR 05-04, Harrison Bay, revised September 30, 1997 NR 06-01, Beechey Point North, approved February 1, 1996 NR 06-03, Beechey Point, revised September 30, 1997 NR 06-04, Flaxman Island, revised September 30, 1997 NR 07-03, Barter Island, revised September 30, 1997 NR 07-05, Demarcation Point, revised September 30, 1997 NR 07-06, Mackenzie Canyon, revised September 30, 1997 Official block descriptions are derived from these diagrams; however, not all blocks included on a diagram are being offered. To ascertain which blocks are being offered and the royalty suspension provisions that apply, you must refer to the document “Blocks Available for Leasing in OCS Oil and Gas Lease Sale 202.” The Beaufort Sea OCS Oil and Gas Lease Sale 202 Locator Map is also available to assist in locating the blocks relative to the adjacent areas. The Locator Map is for use in identifying locations of blocks but is not part of the official description of blocks available for lease. Some of the blocks may be partially encumbered by an existing lease, or transected by administrative lines such as the Federal/State jurisdictional line. Partial block descriptions are derived from Supplemental Official OCS Block Diagrams and OCS Composite Block Diagrams, which are available upon request at the address, phone number, or Internet site given above. Statutes and Regulations: Each lease issued in this lease sale is subject to the OCS Lands Act of August 7, 1953, 67 Stat. 462; 43 U.S.C. 1331 *et seq.* , as amended (92 Stat. 629), hereinafter called “the Act”; all regulations issued pursuant to the Act and in existence upon the effective date of the lease; all regulations issued pursuant to the statute in the future which provide for the prevention of waste and conservation of the natural resources of the OCS and the protection of correlative rights therein; and all other applicable statutes and regulations. Lease Terms and Conditions: For leases resulting from this sale the following terms and conditions apply: *Initial Period:* 10 years. *Minimum Bonus Bid Amounts:* $37.50 per hectare, or a fraction thereof, for all blocks in Zone A and $25.00 per hectare, or a fraction thereof, for all blocks in Zone B. Refer to the final Notice of Sale, Beaufort Sea Sale 202, April 2007 map and the Summary Table of Minimum Bids, Minimum Royalty Rates, and Rental Rates shown below. *Rental Rates:* The Lessee shall pay the Lessor, on or before the first day of each lease year which commences prior to a discovery in paying quantities of oil or gas on the leased area, a rental at the rate shown below in the Summary Table of Minimum Bids, Minimum Royalty Rates, and Rental Rates. During the time period in which a lease is classified as producible, i.e., following a discovery in paying quantities, but before royalty-bearing production begins, a rental of $13 per hectare applies in both zones and is paid at the end of each lease year until the start of royalty-bearing production. *Minimum Royalty Rates:* The Lessee shall pay the Lessor, at the expiration of each lease year which commences after the start of royalty-bearing production, a minimum royalty of $13 per hectare, or fraction thereof, with credit applied for actual royalty paid during the lease year. If actual royalty paid exceeds the minimum royalty requirement, then no minimum royalty payment is due. *Royalty Rates:* A 12 1/2 percent royalty rate will apply for all blocks. Summary Table of Minimum Bids, Minimum Royalty Rates, and Rental Rates Terms (values per hectare or fraction thereof) Zone A Zone B Royalty Rate 12 1/2 % fixed 12 1/2 % fixed Minimum Bonus Bid $37.50 $25.00 Minimum Royalty Rate $13.00 $13.00 Rental Rates: Year 1 $7.50 $2.50 Year 2 $7.50 $3.75 Year 3 $7.50 $5.00 Year 4 $7.50 $6.25 Year 5 $7.50 $7.50 Year 6 $12.00 $10.00 Year 7 $17.00 $12.00 Year 8 $22.00 $15.00 Year 9 $30.00 $17.00 Year 10 $30.00 $20.00 *Royalty Suspension Areas:* Royalty suspension provisions apply to first oil production. Royalty suspensions on the production of oil and condensate, prorated by lease acreage and subject to price thresholds, will apply to all blocks. Royalty suspension volumes

(RSV)are based on 2 zones, Zone A and Zone B, as depicted on the Map. More specific details regarding royalty suspension eligibility, applicable price thresholds and implementations are included below as well as in the document “Royalty Suspension Provisions, Sale 202” in the Final NOS 202 package. Royalty Suspension Provisions: In accordance with applicable regulations at 30 CFR 260, the following royalty suspension provisions apply to leases issued as a result of Beaufort Sea Oil and Gas Lease Sale 202. The zones in which blocks are indicated on the Block List and the map included in the Notice of Sale package are available from the MMS OCS Alaska Region office. These Royalty Suspension Provisions apply to Oil Production. In addition, refer to 30 CFR 218.151 and applicable parts of 260.120-260.124 for regulations on royalty suspensions and rental obligations that will apply to your lease. 1. A lease in the Beaufort Sea, depending on surface area and zone, will receive a royalty suspension volume

(RSV)as follows: Lease size hectares Zone A million barrels RSV Zone B million barrels RSV Less than 771 10 15 771 to less than 1541 20 30 1541 or more 30 45 2. The RSV applies only to liquid hydrocarbon production, i.e., oil and condensates. Natural gas volumes that leave the lease are subject to original lease-specified royalties. The market value of natural gas will be determined by MMS's Minerals Revenue Management

(MRM)office. The MRM will value the natural gas from Sale 202 based on its potential uses and applicable market characteristics at the time the gas is produced. 3. Each lessee must pay royalty on production of oil that might otherwise receive royalty relief (in 30 CFR part 260) for any calendar year during which the actual New York Mercantile Exchange (NYMEX) annual price of oil exceeds the “ceiling” price threshold (adjusted for inflation) for oil in that year. Such production will be deducted from the remaining RSV. The actual NYMEX annual price of oil is defined as the arithmetic average of the daily closing prices for the “nearby delivery month” on the NYMEX for oil (light sweet crude) in a calendar year. The actual NYMEX annual price of oil is calculated by averaging the daily closing prices of oil for each month in the year, and then averaging the 12 monthly averages.

(a)The ceiling price threshold for oil in any year, say *t,* is determined by inflating the base year 2004 oil price of $39 per barrel. This base year price is modified by the percentage change in the implicit price deflator as reported by the U.S. Department of Commerce, Bureau of Economic Analysis, for the interval between 2004 and year *t,* resulting in the adjusted oil price ceiling for year *t* . For example, if the deflator indicates that inflation is 1.6 percent in 2005, 2.1 percent in 2006, and 2.5 percent in 2007, then the price ceiling in calendar year 2007 would become $41.47 per barrel for oil. Therefore, royalty on *all* oil production in calendar year 2007 would be due if the 2007 actual NYMEX oil price as calculated above exceeds $41.47 per barrel. (See exception in item 5 below.)

(b)Royalties on oil production, when the actual NYMEX annual price of oil exceeds the ceiling price in any calendar year, must be paid no later than 90 days after the end of that calendar year. (See 30 CFR 260.122(b)). Also, when the actual NYMEX annual price of oil exceeds the ceiling price in any calendar year, royalties on oil production must be provisionally paid in the following calendar year. (See 30 CFR 260.122(c)). 4. If the actual NYMEX quarterly price of oil is at or below the fixed “floor” price threshold of $21 per barrel (the price will not be adjusted for inflation) in any calendar quarter, then oil produced during that calendar quarter would be royalty free and would not count against the lease's remaining RSV. However, if the actual NYMEX quarterly price of oil is at or below the floor price after the RSV has been fully used, the lessee receives no additional royalty-free production. The actual NYMEX quarterly price of oil is defined as the arithmetic average of the daily closing prices for the “nearby delivery month” on the NYMEX for oil in the calendar quarter. The applicable calendar year quarters are January—March, April—June, July—September, and October—December. The actual NYMEX quarterly price of oil is calculated by averaging the daily closing prices of oil for each month in the quarter, and then averaging the 3 monthly averages. 5. Within the same calendar year, the actual NYMEX quarterly price of oil could be equal to or less than the price floor in one or more quarters, but the actual NYMEX annual price of oil could be greater than the ceiling price. If that were to occur, and the original RSV for the lease has not been exhausted, the consequences of the actual NYMEX annual price of oil exceeding the price ceiling for the year would apply only to oil production during those quarters of the year in which the actual NYMEX quarterly price of oil is above the floor price. For example, assume that oil production from a lease is 8 million barrels in a calendar year, and the actual NYMEX annual price of oil is greater than the ceiling price. Assume further that the production of oil from that lease is 2 million barrels during a quarter of that same calendar year, and the actual NYMEX quarterly price of oil for that quarter is equal to or less than the floor price. In this situation, no royalties would be due on that quarter's oil production, and the remaining RSV for the lease would be unchanged for that quarter. Royalties, however, would be due on the 6 million barrels of oil produced during the other 3 quarters of that year, and the RSV remaining for the lease at the end of the year would be 6 million barrels less than it was at the beginning of the year. 6. For purposes of the RSV, a Sale 202 lease that is part of an approved unit agreement can only apply allocated production from the unit against the lease's RSV if that lease is included in an approved participating area. The RSV will be applied to each lease consistent with the production allocation schedule approved by the MMS for the participating area. Participating area means all or parts of unit tracts described and designated as a Participating Area under the unit agreement for the purposes of allocating one or more unitized substances produced from a reservoir. 7. Price thresholds apply throughout those periods (calendar year for the ceiling and quarter of the year for the floor) that commence with some RSV remaining unused. 8. A lessee must resume paying full royalties on the first day of the month following the month in which the RSV is exhausted. Lessees do not owe royalties for the remainder of the month in which the RSV is exhausted, unless the actual NYMEX annual price of oil exceeds the ceiling price threshold for that year. 9. The MMS will provide notice when the actual NYMEX annual price of oil is above the ceiling price threshold, or when the actual NYMEX quarterly price of oil is equal to or below the floor price threshold. Information on actual and threshold oil prices can be found at the MMS Web site ( *http://www.mms.gov/econ* ). 10. Minimum royalty requirements apply during RSV periods. *Debarment and Suspension (Nonprocurement):* As required by the MMS, each company that has been awarded a lease must execute all copies of the lease (Form MMS-2005 (March 1986) as amended), pay by EFT the balance of the bonus bid amount and the first year's rental for each lease issued in accordance with the requirements of 30 CFR 218.155, and satisfy the bonding requirements of 30 CFR 256, subpart I, as amended. Also, in accordance with regulations pursuant to 43 CFR, part 42, subpart C, the lessee shall comply with the U.S. Department of the Interior's nonprocurement debarment and suspension requirements and agrees to communicate this requirement to comply with these regulations to persons with whom the lessee does business as it relates to this lease by including this term as a condition in their contracts and other transactions. Execution of the lease, which includes an Addendum specific to debarment, by each lessee constitutes notification to the MMS that each lessee is not excluded, disqualified, or convicted of a crime as described in 43 CFR 42.335, unless the lessee has provided a statement disclosing information as described in 43 CFR 42.335, and the MMS receives an exception from the U.S. Department of the Interior as described in 43 CFR 42.405 and 42.120. Stipulations and Information to Lessees: The document entitled “Lease Stipulations and Information to Lessees for Oil and Gas Lease Sale 202” contains the text of the Stipulations and the Information to Lessees clauses. This document is included in the Final NOS package. Method of Bidding: Procedures for the submission of bids in Sale 202 are described in paragraph 1 below. Procedures for the submission of bids for the four blocks in the Disputed Portion of the Beaufort Sea will differ as described in paragraph 2 below. 1. *Submission of Bids.* For each block bid upon, a bidder must submit a separate signed bid in a sealed envelope labeled “Sealed bid for Oil and Gas Lease Sale 202, not to be opened until 9 a.m., Wednesday, April 18, 2007.” The total amount of the bid must be in whole dollars; any cent amount above the whole dollar will be ignored by MMS. Details of the information required on the bid(s) and the bid envelope(s) are specified in the document “Bid Form and Envelope” contained in the Final NOS 202 package. 2. *Submission of Bids in the Disputed Portion of the Beaufort Sea.* Procedures for the submission of bids on blocks 6201, 6251, 6301, and 6361 in Official Protraction Diagram NR 07-06 will differ from procedures in paragraph (1.) above as follows:

(a)Separate, signed bids on these blocks must be submitted in sealed envelopes labeled only with “Disputed Portion of the Beaufort Sea,” Company Number, and a sequential bid number for the company submitting the bid(s). The envelope thus would be in the following format:

(b)Disputed Portion of the Beaufort Sea Bid, *Company No.:* 00000, *Bid No.:* 1. On or before April 18, 2012, the MMS will determine whether it is in the best interest of the United States either to open bids for these blocks or to return the bids unopened. The MMS will notify bidders at least 30 days before bid opening. Bidders on these blocks may withdraw their bids at any time after such notice and prior to 10 a.m. of the day before bid opening. If the MMS does not give notice by April 18, 2012, the bids will be returned unopened. The MMS reserves the right to return these bids at any time. The MMS will not disclose which blocks received bids or the names of bidders in this area unless the bids are opened. *Restricted Joint Bidders:* The MMS published a list of restricted joint bidders, which applies to this sale, in the **Federal Register** at 71 FR 70530 on December 5, 2006. Bidders submitting joint bids must state on the bid form the proportionate interest of each participating bidder, in percent to a maximum of five decimal places, e.g. 33.33333 percent. The MMS may require bidders to submit additional documents in accordance with 30 CFR 256.46. The MMS warns bidders against violation of 18 U.S.C. 1860 prohibiting unlawful combination or intimidation of bidders. Bidders must execute all documents in conformance with signatory authorizations on file in the Alaska OCS Region. Partnerships also must submit or have on file a list of signatories authorized to bind the partnership. Bidders are advised that MMS considers the signed bid to be a legally binding obligation on the part of the bidder(s) to comply with all applicable regulations, including paying the one-fifth bonus bid amount on all high bids. A statement to this effect must be included on each bid (see the document “Bid Form and Envelope” contained in the Final NOS 202 package). *Bonus Bid Deposit:* Each bidder submitting an apparent high bid must submit a bonus bid deposit to MMS equal to one-fifth of the bonus bid amount for each such bid submitted for Sale 202. Under the authority granted by 30 CFR 256.46(b), the MMS requires bidders to use electronic funds transfer

(EFT)procedures for payment of the one-fifth bonus bid deposits, following the detailed instructions contained in the document “Instructions for Making EFT Bonus Payments” included in the Final NOS 202 package. All payments must be electronically deposited into an interest-bearing account in the U.S. Treasury (account specified in the EFT instruction) by 1 p.m. Eastern Time the day following bid reading. Such a deposit does not constitute and shall not be construed as acceptance of any bid on behalf of the United States. If a lease is awarded, MMS requests that only one transaction be used for payment of the four-fifths bonus bid amount and the first year's rental. Certain bid submitters [i.e., those that do NOT currently own or operate an OCS mineral lease OR those that have ever defaulted on a one-fifth bonus payment] will be required to guarantee (secure) their one-fifth bonus payment *prior* to the submission of bids. For those who must secure the EFT one-fifth bonus payment, one of the following options may be provided:

(1)A third-party guarantee;

(2)an Amended Development Bond Coverage;

(3)a Letter of Credit; or

(4)a lump sum payment in advance via EFT. The EFT instructions specify the requirements for each option. *Withdrawal of Blocks:* The United States reserves the right to withdraw any block from this sale prior to a written acceptance of a bid for the block. *Acceptance, Rejection or Return of Bids:* The United States reserves the right to reject any and all bids. In any case, no bid will be accepted, and no lease for any block will be awarded to any bidder, unless the bidder has complied with all requirements of this Notice, including the documents contained in the associated Final NOS Sale 202 package and applicable regulations; the bid is the highest valid bid; and the amount of the bid has been determined to be adequate by the authorized officer. The Attorney General of the United States may also review the results of the lease sale prior to the acceptance of bids and issuance of leases. Any bid submitted which does not conform to the requirements of this Notice, the OCS Lands Act, as amended, and other applicable regulations may be returned to the person submitting that bid by the Regional Director and not considered for acceptance. To ensure that the Government receives a fair return for the conveyance of lease rights for this sale, high bids will be evaluated in accordance with MMS bid adequacy procedures. *Successful Bidders:* As required by MMS, each company that has been awarded a lease must execute all three copies of the lease (Form MMS-2005 (March 1986) as amended), pay by EFT the balance of the bonus bid amount and the first year's rental for each lease issued in accordance with the requirements of 30 CFR 218.155, and satisfy the bonding requirements of 30 CFR 256, subpart I. *Affirmative Action:* The MMS *requests* that, prior to bidding, Equal Opportunity Affirmative Action Representation Form MMS 2032 (June 1985) and Equal Opportunity Compliance Report Certification Form MMS 2033 (June 1985) be on file in the Alaska OCS Region. This certification is required by 41 CFR 60 and Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 11375 of October 13, 1967. In any event, prior to the execution of any lease contract, both forms are *required* to be on file in the Alaska OCS Region. *Jurisdiction:* The United States claims exclusive maritime resource jurisdiction over the area offered. Canada claims such jurisdiction over the four easternmost blocks included in the sale area. These blocks are located in Official Protraction Diagram NR 07-06 and are block numbers 6201, 6251, 6301, and 6351. Nothing in this Notice shall affect or prejudice in any manner the position, rights or interests of the United States with respect to

(1)the nature or extent of U.S. internal waters or territorial sea,

(2)the U.S. Exclusive Economic Zone,

(3)the U.S. continental shelf, or

(4)U.S. sovereign rights or jurisdiction for any purpose whatsoever. *Notice of Bidding Systems:* Section 8(a)(8) (43 U.S.C. 1337(a)(8)) of the OCS Lands Act requires that, at least 30 days before any lease sale, a Notice be submitted to Congress and published in the **Federal Register** . This Notice of Bidding Systems is for Sale 202, Beaufort Sea, scheduled to be held on April 18, 2007. In Sale 202, all blocks are being offered under a bidding system that uses a cash bonus and a fixed royalty of 12 1/2 percent with a royalty suspension of up to 30 million barrels of oil equivalent per lease in Zone A of the sale area or with a royalty suspension of up to 45 million barrels of oil equivalent per lease in Zone B of the sale area. The amount of royalty suspension available on each lease is dependent on the area of the lease and specified in the Sale Notice. This bidding system is authorized under 30 CFR 260.110(g), which allows use of a cash bonus bid with a royalty rate of not less than 12 1/2 percent and with suspension of royalties for a period, volume, or value of production, and an annual rental. Analysis performed by MMS indicates that use of this system provides an incentive for development of this area while ensuring that a fair sharing of revenues will result if major discoveries are made and produced. Dated: March 12, 2007. R.M. “Johnnie” Burton, Director, Minerals Management Service. EN19MR07.000 [FR Doc. 07-1298 Filed 3-16-07; 8:45 am]

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