Notices. Notice; Grant of Waiver

17,479 words·~79 min read·/register/2007/04/19/07-1984

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

BILLING CODE 4909-60-M DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA—2006—25803] Pipeline Safety: Grant of Waiver; Kinder Morgan Louisiana Pipeline, LLC AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); DOT. ACTION: Notice; Grant of Waiver. SUMMARY: The Pipeline and Hazardous Materials Safety Administration (PHMSA) is granting Kinder Morgan Louisiana Pipeline, LLC

(KMLP)a waiver of compliance from the Federal pipeline safety regulations for a new natural gas transmission pipeline. The regulations establish the maximum stress level and overpressure protection limits for natural gas pipelines. FOR FURTHER INFORMATION CONTACT: Alan Mayberry at

(202)366-5124, or by e-mail at *Alan.Mayberry@dot.gov* or Wayne Lemoi at

(404)832-1160, or by e-mail at *Wayne.Lemoi@dot.gov.* SUPPLEMENTARY INFORMATION: Waiver Request *Pipeline Operator:* Kinder Morgan Louisiana Pipeline, LLC

(KMLP)petitioned PHMSA on August 2, 2006 for a waiver of compliance with the Federal pipeline safety regulations limiting the operating stress levels for Class 1 locations along the Leg 1 segment of the KMLP pipeline in Louisiana. This waiver would allow KMLP to operate a new natural gas transmission pipeline at a maximum allowable operating pressure

(MAOP)corresponding to a pipe stress level up to 80 percent of the steel pipe's specified minimum yield strength

(SMYS)in rural areas along the pipeline route. SMYS is defined as the level of stress where steel transitions from elastic to plastic deformation. The current maximum SMYS level allowed on pipelines in Class 1 locations is 72 percent according to 49 CFR 192.111. Because the proposed operating stress level of 80 percent is higher than the upper limit of the required overpressure protection under existing regulations (i.e., 10 percent over MAOP or 75 percent SMYS), KMLP proposes increasing the overpressure protection limit to 104 percent of the pipeline MAOP or 83 percent SMYS. The pipeline MAOP will be 1,440 psig. Public Notice On November 22, 2006 PHMSA published notice of this waiver request in the **Federal Register** (71 FR 67704) inviting interested persons to comment on the request. We did not receive any comments for or against this waiver request as a result of this notice. We also requested and received supplemental information from KMLP. The waiver request, **Federal Register** notice, supplemental information from KMLP, and all other pertinent documents are available for review in the DOT's Document Management System (DMS), Docket Number PHMSA-2006-25803. Waiver Analysis Background On January 6, 2006 PHMSA issued a meeting notice and a call for papers in the **Federal Register** (71 FR 977) to seek public input on raising the MAOP on certain natural gas transmission pipelines. On March 21, 2006 PHMSA conducted a public meeting where subject matter experts from across the U.S. and other countries presented papers describing technical issues and experiences with operating pipelines above 72 percent SMYS. After receiving favorable public responses and comments from the meeting, PHMSA began developing criteria for the design and operation of pipelines above 72 percent SMYS. PHMSA previously issued three waivers allowing operators to operate natural gas transmission pipelines above 72 percent SMYS. The waivers were granted with conditions that require operators to meet certain specified safety criteria. The safety criteria were developed from information received from the public meeting, industry best practices and internal research. KMLP used information gathered from these prior waiver grants along with internal procedures to develop its waiver petition. Waiver Findings PHMSA concludes that granting a waiver to KMLP is not inconsistent with pipeline safety and achieves a level of safety equal to or better than a similar pipeline designed and operated under existing regulations. The analysis concluded the following:

(1)KMLP's waiver application describes actions for the proposed pipeline life cycle addressing pipe and material quality, construction quality control, pre-in service strength testing, the Supervisory Control and Data Acquisition (SCADA) System, operations and maintenance and integrity management. The aggregate affect of these actions provides for more inspections and oversight than would occur on a pipeline installed under existing regulations.

(2)The actions proposed in KMLP's waiver application are consistent with prior waiver grants.

(3)The safety criteria contained in this waiver grant requires KMLP to more closely inspect and monitor this pipeline than a similar pipeline installed without a waiver. Waiver Grant PHMSA grants a waiver of compliance with §§ 192.111 and 192.201(a)(2)(i) to Kinder Morgan Louisiana Pipeline, LLC for Class 1 locations along the Leg 1 segment of the KMLP pipeline. The Leg 1 segment is a 137-mile, 42-inch pipeline, originating at the Sabine Pass Liquefied Natural Gas

(LNG)terminal and extending to Evangeline Parish, Louisiana. Approximately 92 percent of the Leg 1 segment is located in Class 1 locations. For the purpose of this waiver, the *waiver area* is defined as the pipeline right-of-way for the Class 1 locations along the entire 137-mile Leg 1 segment of the KMLP pipeline. Waiver Conditions *This waiver is granted with the following conditions:*

(1)*Steel Properties:* The skelp/plate must be micro alloyed, fine grain, fully killed steel with calcium treatment and continuous casting.

(2)*Manufacturing Standards:* The pipe must be manufactured according to American Petroleum Institute Specification 5L (API 5L), product specification level 2 (PSL 2), supplementary requirements

(SR)for maximum operating pressures and minimum operating temperatures. Pipe carbon equivalents must be at or below 0.25 percent based on the material chemistry parameter

(Pcm)formula.

(3)*Fracture Control:* API 5L, the American Society of Mechanical Engineers B31.8 Standard (ASME B31.8) and other specifications and standards address the steel pipe toughness properties needed to resist crack initiation, crack propagation and to ensure crack arrest during a pipeline failure caused by a fracture. KMLP must institute an overall fracture control plan addressing steel pipe properties necessary to resist crack initiation and crack propagation and to arrest a fracture within eight pipe joints with a 99 percent occurrence probability or within five pipe joints with a 90 percent occurrence probability. The plan must include acceptable Charpy Impact and Drop Weight Tear Test values, which are measures of a steel pipeline's toughness and resistance to fracture. The fracture control plan, which must be submitted to PHMSA Headquarters, must be in accordance with API 5L, Appendix F and must include the following tests:

(a)SR 5A-Fracture Toughness Testing for Shear Area: Test results must indicate at least 85 percent minimum average shear area for all X-70 heats and 80 percent minimum shear area for all X-80 heats with a minimum result of 80 percent shear area for any single test and must ensure ductile fracture and arrest;

(b)SR 5B-Fracture Toughness Testing for Absorbed Energy; and

(c)SR 6-Fracture Toughness Testing by Drop Weight Tear Test: Test results must be at least 80 percent of the average shear area for all heats with a minimum result of 60 percent of the shear area for any single test and must ensure a ductile fracture. The above fracture initiation, propagation and arrest plan must account for the entire range of pipeline operating temperatures, pressures and gas compositions planned for the pipeline diameter, grade and operating stress levels, including maximum pressures and minimum temperatures for shut-in conditions associated with the waiver area. Where the use of stress factors, pipe grade, operating temperatures and gas composition make fracture toughness calculations non-conservative, correction factors must be used. If the fracture control plan of the pipe in the waiver area does not meet these specifications, KMLP must submit to PHMSA Headquarters an alternative plan providing an acceptable method to resist crack initiation, crack propagation and to arrest ductile fractures in the waiver area.

(4)*Steel Plate Quality Control:* The steel mill and/or pipe rolling mill must incorporate a comprehensive plate/coil mill and pipe mill inspection program to check for defects and inclusions that could affect the pipe quality. This program must include a plate (body and all ends) ultrasonic testing

(UT)inspection program to check for imperfections such as laminations. An inspection protocol for centerline segregation evaluation using a test method referred to as slab macro-etching must be employed to check for inclusions that may form as the steel plate cools after it has been cast. A minimum of one macro-etch test must be performed from the first heat (manufacturing run) of each sequence (approximately 4 heats) and graded on the Mannesmann scale or equivalent. Test results with a Mannesmann scale rating of one or two out of a possible five are acceptable.

(5)*Pipe Seam Quality Control:* A quality assurance program must be instituted for pipe weld seams. The pipe weld seam tests must meet the minimum requirements for tensile strength in API 5L for the appropriate pipe grade properties. A pipe weld seam hardness test using the Vickers hardness testing of a cross-section from the weld seam must be performed on one length of pipe from each heat. The weld seam and heat affected zone hardness must be a maximum of 280 Vickers hardness. The hardness tests must include a minimum of three readings for each heat affected zone, three readings in the weld metal and two readings in each section of pipe base metal for a total of 13 readings. The pipe weld seam must be 100 percent UT inspected after expansion and hydrostatic testing per APL 5L.

(6)*Puncture Resistance* : Steel pipe must be puncture resistant to 65 tons. Puncture resistance will be calculated based on industry established calculations such as the Pipeline Research Council International's “Reliability Based Prevention of Mechanical Damage to Pipelines” calculation method.

(7)*Mill Hydrostatic Test* : The pipe must be subjected to a mill hydrostatic test pressure of 95 percent SMYS or greater for 10 seconds.

(8)*Pipe Coating* : The application of a corrosion resistant coating to the steel pipe must be subject to a coating application quality control program. The program must address pipe surface cleanliness standards, blast cleaning, application temperature control, adhesion, cathodic disbondment, moisture permeation, bending, minimum coating thickness, coating imperfections and coating repair.

(9)*Field Coating* : A field girth weld joint coating application specification and quality standards to ensure pipe surface cleanliness, application temperature control, adhesion quality, cathodic disbondment, moisture permeation, bending, minimum coating thickness, holiday detection and repair quality must be implemented in field conditions. Field joint coatings must be non-shielding to cathodic protection (CP). Field coating applicators must use valid coating procedures and be trained to use these procedures.

(10)*Coatings for Trenchless Installation* : Coatings used for directional bore, slick bore and other trenchless installation methods must resist abrasions and other damages that may occur due to rocks and other obstructions encountered in this installation technique.

(11)*Bends Quality* : Certification records of factory induction bends and/or factory weld bends must be obtained and retained. All bends, flanges and fittings must have carbon equivalents

(CE)below 0.42 or a pre-heat procedure prior to welding for CE above 0.42.

(12)*Fittings* : All pressure rated fittings and components (including flanges, valves, gaskets, pressure vessels and compressors) must be rated for a pressure rating commensurate with the MAOP and class location of the pipeline. Designed fittings (including tees, elbows and caps) must have the same design factors as the adjacent pipe class location.

(13)*Design Factor—Stations* : Compressor and meter stations must be designed using a design factor of 0.50 in accordance with § 192.111.

(14)*Temperature Control* : The compressor station discharge temperature must not exceed 120° Fahrenheit or a temperature below the maximum long-term operating temperature for the pipe coating.

(15)*Overpressure Protection Control* : Mainline pipeline overpressure protection must not exceed 104 percent MAOP.

(16)*Welding Procedures* : The appropriate PHMSA regional office must be notified within 14 days of the beginning of welding procedure qualification activities. Automated or manual welding procedure documentation must be submitted to the same PHMSA regional office.

(17)*Depth of Cover* : The soil cover must be a minimum of 36 inches in all areas. In areas where threats from chisel plowing or other activities are threats to the pipeline, the top of the pipeline must be installed at least one foot below the deepest penetration above the pipeline. If a routine patrol or other observed conditions indicate the possible loss of cover over the pipeline, KMLP must perform a depth of cover study and replace cover as necessary to meet the minimum depth of cover requirements specified herein.

(18)*Construction Quality* : A construction quality assurance plan to ensure quality standards and controls must be maintained throughout the construction phase for inspection, pipe hauling and stringing, field bending, welding, non-destructive examination

(NDE)of girth welds, field joint coating, pipeline coating integrity tests, lowering of the pipeline in the ditch, padding materials to protect the pipeline, backfilling, alternating current

(AC)interference mitigation and CP systems. All girth welds must be non-destructively examined

(NDE)by radiography or alternative means. The NDE examiner must have all required certifications which must be current.

(19)*Interference Currents Control* : Control of induced AC from parallel electric transmission lines and other interference issues that may affect the pipeline must be incorporated into the design of the pipeline and addressed during the construction phase. Issues identified and not originally addressed in the design phase must be brought to PHMSA Headquarters' attention. An induced AC program to protect the pipeline from corrosion caused by stray currents must be in place within six months after placing the pipeline in service.

(20)*Test Level* : The pre-in service hydrostatic test pressure on 0.8 designed Class 1 location pipe must be equal to or greater than 125 percent of the MAOP and produce a hoop stress of at least 100 percent SMYS.

(21)*Assessment of Test Failures* : Any pipe failure occurring during the pre-in service hydrostatic test must undergo a root cause failure analysis to include a metallurgical examination of the failed pipe. The results of this examination must preclude a systemic pipeline material issue and the results must be reported to PHMSA Headquarters and the appropriate PHMSA regional office.

(22)*SCADA System Capabilities* : A SCADA system to provide remote monitoring and control of the entire pipeline system must be employed.

(23)*SCADA Procedures* : A detailed procedure for establishing and maintaining accurate SCADA set points must be established to ensure the pipeline operates within acceptable design limits at all times.

(24)*Mainline Valve Control* : Mainline valves located on either side of a pipeline segment containing a High Consequence Area

(HCA)where personnel response time to the valve exceeds one hour must be remotely controlled by the SCADA system. The SCADA system must be capable of opening and closing the valve and monitoring the valve position, upstream pressure and downstream pressure. As an alternative, a leak detection system for mainline valve control is acceptable.

(25)*Leak Reporting* : KMLP must notify the appropriate PHMSA regional office within 24 hours of any non-reportable leaks occurring on the pipeline.

(26)*Annual Reporting* : Following approval of the waiver, KMLP must annually report the following:

(a)The results of any in-line inspection

(ILI)and the results of any direct assessment performed within the waiver area during the previous year;

(b)Any new integrity threats identified within the waiver area during the previous year;

(c)Any encroachment in the waiver area, including the number of new residences or public gathering areas;

(d)Any class or HCA changes in the waiver area during the previous year;

(e)Any reportable incidents associated with the waiver area that occurred during the previous year;

(f)Any leaks on the pipeline in the waiver area that occurred during the previous year;

(g)A list of all repairs on the pipeline in the waiver area made during the previous year;

(h)On-going damage prevention initiatives on the pipeline in the waiver area and a discussion of their success or failure;

(i)Any changes in procedures used to assess and/or monitor the pipeline operating under this waiver; and

(j)Any company mergers, acquisitions, transfers of assets, or other events affecting the regulatory responsibility of the company operating the pipeline to which this waiver applies.

(27)*Pipeline Inspection* : The pipeline must be capable of passing ILI tools. All headers and other segments covered under this waiver that do not allow the passage of an ILI device must have a corrosion mitigation plan.

(28)*Gas Quality Monitoring* : Gas quality monitoring equipment must be installed to permit the operator to manage and limit the introduction of contaminants and free liquids into the pipeline. An acceptable gas quality monitoring and mitigation program must be instituted to not exceed the following limits:

(a)H 2 S (0.25 grains per 100 standard cubic feet or 4 parts per million, maximum);

(b)CO 2 (3 percent maximum);

(c)H 2 O (less than or equal to 7 pounds per million standard cubic feet and no free water); and

(d)Other deleterious constituents that may impact the integrity of the pipeline must be instituted.

(29)*Gas Quality Control* : Filters/separators must be installed at locations where gas is received into the pipeline where the incoming gas stream quality includes potentially deleterious constituents to minimize the entry of contaminants and to protect the integrity of downstream pipeline segments.

(30)*Cathodic Protection* : The initial CP system must be operational within 12 months of placing the pipeline in service.

(31)*Interference Current Surveys* : Interference surveys must be performed within six months of placing the pipeline in service to ensure compliance with applicable NACE International Standard Recommended Practices 0169 and 0177 (NACE RP 0169 and NACE RP 0177) for interference current levels. If interference currents are found, KMLP will determine if there have been any adverse effects to the pipeline and mitigate the effects as necessary. KMLP will report to PHMSA the results of any negative finding and the associated mitigative efforts.

(32)*Corrosion Surveys* : Corrosion surveys of the affected pipeline must be completed within six months of placing the respective CP system(s) in operation to ensure adequate external corrosion protection per NACE RP 0169. The survey must also address the proper number and location of CP test stations as well as AC interference mitigation and AC grounding programs per NACE RP 0177.

(33)*Verification of Cathodic Protection* : An interrupted close interval survey

(CIS)must be performed in concert with ILI for all HCA pipeline mileage in accordance with 49 CFR 192 Subpart O reassessment intervals. At least one CP test station must be located within each HCA with a maximum spacing between test stations of one-half mile within an HCA. If any annual test station reading fails to meet 49 CFR 192 Subpart I requirements, remedial actions must occur within six months. Remedial actions must include a CIS on each side of the affected test station and all modifications to the CP system necessary to ensure adequate external corrosion control.

(34)*Pipeline Markers:* KMLP must employ line-of-sight markings on the pipeline in the waiver area except in agricultural areas or large water crossings such as lakes where line of sight signage is not practical. The marking of pipelines is also subject to Federal Energy Regulatory Commission orders or environmental permits and local restrictions.

(35)*Pipeline Patrolling:* Pipeline patrolling must be conducted at least monthly to inspect for excavation activities, ground movement, wash-outs, leakage or other activities and conditions affecting the safe operation of the pipeline.

(36)*Monitoring of Ground Movement:* An effective monitoring/mitigation plan must be in place to monitor for and mitigate issues of unstable soil and ground movement.

(37)*Review of Risk Assessment Calculations:* A copy of the C-FER PIRAMID risk analysis report regarding the pipe subject to this waiver must be submitted to PHMSA Headquarters.

(38)*Initial ILI:* KMLP must perform a baseline ILI in association with the construction of the pipeline using a high-resolution Magnetic Flux Leakage

(MFL)tool to be completed within three years of placing the pipeline in service. KMLP must also run a geometry tool after the backfill of the pipeline and after the dewatering from the hydrostatic strength test but not later than six months after placing the pipeline in service.

(39)*Future ILI:* A second high-resolution MFL inspection must be performed and completed on the pipe subject to this waiver within the first reassessment interval required by 49 CFR Subpart O, regardless of HCA classification. Future ILI must be performed on a frequency consistent with Subpart O for the entire pipeline covered by this waiver.

(40)*Direct Assessment Plan:* Headers, mainline valve bypasses and other sections covered by this waiver that cannot accommodate ILI tools must be part of a Direct Assessment

(DA)plan or other acceptable integrity monitoring method.

(41)*Initial CIS:* A CIS must be performed on the pipeline within two years of the pipeline in-service date. The CIS results must be integrated with the baseline ILI to determine whether further action is needed.

(42)*Damage Prevention Program:* The Common Ground Alliance's damage prevention best practices must be incorporated into the KMLP damage prevention program.

(43)*Class 2 and 3 Pipe:* Pipe installed in Class 2 and Class 3 locations must use stress factors of 0.60 and 0.50 as required in § 192.111. Pipe in road and railroad crossings must meet the requirements of § 192.111. Future class changes must meet the requirements of §§ 192.609 and 192.611.

(44)*Anomaly Evaluation and Repair:* Anomaly evaluations and repairs must be performed based upon the following:

(a)Anomaly Response Time —Any waiver area anomaly with a failure pressure ratio

(FPR)equal to or less than 1.1 must be treated as an “immediate repair condition” per 49 CFR 192, Subpart O. —Any waiver area anomaly with a FPR equal to or less than 1.25 must be repaired within 12 months.

(b)Anomaly Repair Criteria —All other pipe segments with anomalies not repaired must be reassessed according to Subpart O and ASME B31.8S requirements and class location factor. Each anomaly not repaired, as an immediate repair, must have a corrosion growth rate and ILI tool tolerance assigned to it per the Gas Integrity Management Program

(IMP)to determine the maximum re-inspection interval. —KMLP must confirm the remaining strength (R-STRENG) effective area method, R-STRENG-0.85dL, and ASME B31G assessment methods are valid for the pipe diameter, wall thickness, grade, operating pressure, operating stress level and operating temperature. KMLP must also use the most conservative method until confirmation of the proper method is made to PHMSA Headquarters. —Dents in the pipe in the waiver area must be evaluated and repaired per 49 CFR 192.309(b) for initial ILI and per 49 CFR 192.933(d) for future ILI.

(45)*Preliminary Report:* A preliminary report describing the results, completion dates and status of the waiver conditions must be completed for the pipeline and submitted to PHMSA Headquarters and the appropriate PHMSA regional office prior to commencing construction of the pipeline.

(46)*Completion Report:* A completion report describing the results, completion dates and status of the outstanding waiver conditions must be submitted to PHMSA Headquarters and the appropriate regional office within 180 days after completion of the pipeline.

(47)*ILI Reports:* A report must be submitted for the pipeline after the baseline ILI (MFL and Geometry) run has been performed with assessment and integration of the results. A report must also be submitted upon completion of the second ILI run. These reports must be submitted to PHMSA Headquarters and the appropriate PHMSA regional office.

(48)*Potential Impact Radius Calculation Updates:* If the pipeline operating pressures and gas quality are determined to be outside the parameters of the C-FER Study, a revised study with the updated parameters must be incorporated into the IMP. Waiver Limitations Should KMLP fail to comply with any conditions of the wavier, or should PHMSA determine this waiver is no longer appropriate or that the waiver is inconsistent with pipeline safety, PHMSA may revoke this waiver and require KMLP to comply with regulatory requirements of §§ 192.111 and 192.201(a)(2)(i). Authority: 49 U.S.C. 60118(c)(1) and 49 CFR 1.53. Issued in Washington, DC on April 13, 2007. Jeffrey D. Wiese, Acting Associate Administrator for Pipeline Safety. [FR Doc. E7-7414 Filed 4-18-07; 8:45 am] BILLING CODE 4910-60-P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 35014] Suffolk & Southern Rail Road LLC—Sublease and Operation Exemption—Brookhaven Rail Terminal Suffolk & Southern Rail Road LLC (Suffolk), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to sublease from Custom Recycling LLC (Custom), a noncarrier, and to operate 1,280 feet of rail line located at the Brookhaven Rail Terminal at Yaphank, Suffolk County, NY. There are no mileposts on the line. Custom currently leases the line from Nicolia Realty LLC, also a noncarrier and owner of the line. As a result of this transaction, Suffolk will provide common carrier service over this line of railroad, which currently is being served as industry trackage by the New York & Atlantic Railway, a Class III rail carrier. 1 1 Suffolk intends to engage an existing short line railroad to provide service over the line and notes that such carrier will file a notice of exemption for Board authority before commencing operations. Suffolk certifies that its projected annual revenues as a result of this transaction will not exceed those that would qualify it as a Class III rail carrier and will not exceed $5 million. The earliest this transaction may be consummated is the May 3, 2007 effective date of the exemption (30 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void *ab initio* . Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than April 26, 2007 (at least 7 days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to STB Finance Docket No. 35014, must be filed with the Surface Transportation Board, 395 E Street, SW., Washington, DC 20423-0001. In addition, a copy of each pleading must be served on John D. Heffner, John D. Heffner, PLLC, 1920 N Street, NW., Suite 800, Washington, DC 20036. Board decisions and notices are available on our Web site at *http://www.stb.dot.gov* . Decided: April 12, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7-7430 Filed 4-18-07; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a proposed information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. The OCC is soliciting comment concerning a proposed information collection titled, “Survey of Minority Owned National Banks.” DATES: Comments must be submitted on or before June 18, 2007. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1-5, Attention: 1557-NEW, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to

(202)874-4448, or by electronic mail to *regs.comments@occ.treas.gov.* You can inspect and photocopy the comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling

(202)874-5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557-NEW, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to

(202)395-6974. FOR FURTHER INFORMATION CONTACT: You may request additional information or a copy of the collection and supporting documentation submitted to OMB by contacting: Mary Gottlieb or Camille Dickerson,

(202)874-5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: *Title:* Survey of Minority Owned National Banks. *OMB Control No.:* New collection. *Type of Review:* Regular review. *Description:* The OCC is committed to assessing its efforts to provide supervisory support, technical assistance, education, and outreach to the Minority Owned National Banks (MONBs) under its supervision. To perform this assessment, it is necessary to obtain, from the individual MONBs, feedback on the effectiveness of OCC's current efforts and suggestions for enhancing its supervisory efforts and assistance going forward. The OCC will use the information it gathers to assess the needs of MONBs, and OCC's current efforts to meet those needs. The OCC will also use the information to focus and enhance its supervisory, technical assistance, education and outreach activities with respect to MONBs. *Affected Public:* Businesses or other for-profit. *Burden Estimates:* *Estimated Number of Respondents:* 40. *Estimated Number of Responses:* 40. *Estimated Annual Burden:* 80 hours. *Frequency of Response:* On occasion. *Comments:* Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

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

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

(d)Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. Dated: April 16, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency. [FR Doc. E7-7448 Filed 4-18-07; 8:45 am] BILLING CODE 4810-33-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Announcement 2004-43 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Announcement 2004-43, Election of Alternative Deficit Reduction Contribution. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the announcement should be directed to Carolyn N. Brown at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-6688, or through the Internet at *Carolyn.N.Brown@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Election of Alternative Deficit Reduction Contribution. *OMB Number:* 1545-1884. *Announcement Number:* Announcement 2004-43. *Abstract:* Announcement 2004-43 describes the notice that must be given by an employer to plan participants and beneficiaries and to the Pension Benefit Guaranty Corporation within 30 days of making an election to take advantage of the alternative deficit reduction contribution described in Pub. L., 108-18, and gives a special transition rules for the 1st quarter. *Current Actions:* There are no changes being made to the announcement at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, and Not-for-profit institutions. *Estimated Number of Respondents:* 200. *Estimated Time per Respondent:* 60 hours. *Estimated Total Annual Burden Hours:* 12,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments Are Invited On:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 3, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7388 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8874-A AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8874-A, Notice of Qualified Equity Investment for New Markets Credit. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at *Larnice.Mack@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Notice of Qualified Equity Investment for New Markets Credit. *OMB Number:* 1545-2065. *Form Number:* 8874-A. *Abstract:* New modernized e-file return for partnerships. Internal Revenue Code Sections 6109 and 6103.w code section 45N. 45N was added by section 405 of the Tax Relief and Health Care Act of 2006. The new form provides a means for the qualified mining company to compute and claim the credit. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individual or households, Business or other for-profit. *Estimated Number of Respondents:* 500. *Estimated Time Per Respondent:* 5 hours. *Estimated Total Annual Burden Hours:* 2,510. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are Invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 2, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7389 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8874-B AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8874-B, Notice of Recapture Event for New Markets Credit. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at *Larnice.Mack@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Notice of Recapture Event for New Markets Credit Credit. *OMB Number:* 1545-2066. *Form Number:* 8874-B. *Abstract:* New modernized e-file return for partnerships. Internal Revenue Code Sections 6109 and 6103. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individual or households, Business or other for-profit. *Estimated Number of Respondents:* 500. *Estimated Time Per Respondent:* 5 hours; 31 minutes. *Estimated Total Annual Burden Hours:* 2,755. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 2, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7390 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [TD 9212] Proposed Collection; Comment Request for Regulations Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, TD 9212, Source of Compensation for Labor or Personal Services. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala,

(202)622-3634, at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or through the Internet at *RJoseph.Durbala@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Source of Compensation for Labor or Personal Services. *OMB Number:* 1545-1900. *Regulation Project Number:* TD 9212. *Abstract:* This document contains final regulations that describe the proper basis for determining the source of compensation for labor or personal services performed partly within and partly without the United States. These final regulations will affect individuals who earn compensation for labor or personal services performed partly within and partly without the United States and are needed to provide appropriate guidance regarding the determination of the proper source of that compensation. *Current Actions:* There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals and households, and businesses and other for-profit organizations. *Estimated Number of Respondents:* 20,000. *Estimated Time Per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 10,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 11, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7391 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Forms 945, 945-A, and 945-V AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 945, Annual Return of Withheld Federal Income Tax; Form 945-A, Annual Record of Federal Tax Liability; and Form 945-V, Form 945 Payment Voucher. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the forms and instructions should be directed to R. Joseph Durbala at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3634, or through the Internet at *RJoseph.Durbala@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Annual Return of Withheld Federal Income Tax (Form 945), Annual Record of Federal Tax Liability (Form 945-A), and Form 945 Payment Voucher (Form 945-V). *OMB Number:* 1545-1430. *Form Numbers:* 945, 945-A, and 945-V. *Abstract:* Form 945 is used to report income tax witholding on nonpayroll payments including backup withholding and withholding on pensions, annuities, IRAs, military retirement, and gambling winnings. Form 945-A is used to report nonpayroll tax liabilities. Form 945-V is a payment voucher that is used by those taxpayers who submit a payment with their return. *Current Actions:* There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Business or other for-profit organizations, individuals or households, not-for-profit institutions, farms, and Federal, state, local or tribal governments. *Estimated Number of Respondents:* 193,468. *Estimated Time Per Respondent:* 10 hours, 44 minutes. *Estimated Total Annual Burden Hours:* 2,077,017. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are Invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 10, 2007. Glenn P. Kirkland, Reports Clearance Officer. [FR Doc. E7-7392 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [PS-127-86; PS-128-86; PS-73-88] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, PS-127-86, PS-128-86, and PS-73-88 (TD 8644), Generation-Skipping Transfer Tax (§§ 26.2601-1, 26.2632-1, 26.2642-1, 26.2642-2, 26.2642-3, 26.2642-4, 26.2652-2, and 26.2662-1). DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, Room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection should be directed to Carolyn N. Brown, at

(202)622-6688, or at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet, at *Carolyn.N.Brown@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Generation-Skipping Transfer Tax. *OMB Number:* 1545-0985. *Regulation Project Number:* PS-127-86; PS-128-86; PS-73-88. *Abstract:* This regulation provides rules relating to the effective date, return requirements, definitions, and certain rules covering the generation-skipping transfer tax. The information required by the regulation will require individuals and/or fiduciaries to report information on Forms 706, 706NA, 706GS (D), 706GS (D-1), 706GS (T), 709, and 843 in connection with the generation skipping transfer tax. The information will facilitate the assessment of the tax and taxpayer examinations. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of OMB approval. *Affected Public:* Individuals and households, and Business or other for-profit organizations. *Estimated Number of Respondents:* 7,500. *Estimated Time Per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 3,750. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 3, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7393 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8923 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8923, Mine Rescue Team Training Credit. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at *Larnice.Mack@irs.gov* . SUPPLEMENTARY INFORMATION: *Title:* Mine Rescue Team Training Credit. *OMB Number:* 1545-2067. *Form Number:* 8923. *Abstract:* Form 8923, Mine Rescue Team Training Credit, was developed to carry out the provisions of new code section 45N. 45N was added by section 405 of the Tax Relief and Health Care Act of 2006. The new form provides a means for the qualified mining company to compute and claim the credit. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit. *Estimated Number of Respondents:* 200. *Estimated Time Per Respondent:* 1 hour; 28 minutes. *Estimated Total Annual Burden Hours:* 292. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 2, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7394 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-107151-00] Proposed Collection; Comment Request for Regulations Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing final regulation, REG-107151-00 (TD 9035), Constructive Transfers and Transfers of Property to a Third-Party on Behalf of a Spouse (§ 1.1041-2). DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala,

(202)622-3634, at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at *RJoseph.Durbala@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Constructive Transfers and Transfers of Property to a Third-Party on Behalf of a Spouse (§ 1.1041-2). *OMB Number:* 1545-1751. *Regulation Project Number:* REG-107151-00. *Abstract:* The regulation sets forth the required information that will permit spouses or former spouses to treat a redemption by a corporation of stock of one spouse or former spouse as a transfer of that stock to the other spouse or former spouse in exchange for the redemption proceeds and a redemption of the stock from the latter spouse or a former spouse in exchange for the redemption proceeds. *Current Actions:* There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Individuals and households, and businesses and other for-profit organizations. *Estimated Number of Respondents:* 1000. *Estimated Time Per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 500. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(NPRM)LIFO Recapture Under Section 1363(d). DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Carolyn N. Brown, at

(NPRM)LIFO Recapture Under Section 1363(d). *OMB Number* : 1545-1906. *Regulation Project Number:* REG-149524-03. *Abstract* : Section 1.1363-2(e)(ii) allows a partnership to elect to adjust the basis of its inventory to take account of LIFO recapture. Section 1.1363-2(e)(3) provides guidance on how to make this election. *Current Actions:* There is no change to this existing regulation. *Type of review:* Extension of a currently approved collection. *Affected Public* : Business or other for-profit organizations and Individuals or households. *Estimated Number of Respondents/Recordkeepers:* 100. *Estimated Time Per Respondent/Recordkeeper:* 2 hrs. *Estimated Total Annual Reporting/Recordkeeping Burden Hours:* 200. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments* : Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on* :

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 3, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7396 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-106177-97] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing proposed regulation, REG-106177-97, Qualified State Tuition Programs. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Carolyn N. Brown, at

(QTPs)described in Code section 529 and individuals receiving distributions from the programs. Information will be used by the IRS and individuals receiving QTP distributions to verify compliance with section 529 and to determine the taxable amount of a distribution. *Current Actions:* There is no change to this existing regulation. *Type of review:* Extension of OMB approval. *Affected Public:* State, local or tribal governments and individuals or households. *Estimated Number of Respondents/Recordkeepers:* 52. *Estimated Time Per Respondent/Recordkeeper:* 81,889 hrs, 37 minutes. *Estimated Total Annual Reporting/Recordkeeping Burden Hours:* 4,258,260. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. *Comments are invited on:*

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 3, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7397 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-209274-85] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing notice of proposed rulemaking and temporary regulation, REG-209274-85 (TD 8033) Tax Exempt Entity Leasing (§ 1.168). DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at Larnice.Mack@irs.gov. SUPPLEMENTARY INFORMATION: *Title:* Tax-Exempt Entity Leasing. *OMB Number:* 1545-0923. *Regulation Project Number:* REG-209274-85. *Abstract:* These regulations provide guidance to persons executing lease agreements involving tax-exempt entities under 168(h) of the Internal Revenue Code. The regulations are necessary to implement Congressionally enacted legislation and elections for certain previously tax-exempt organizations and certain tax-exempt controlled entities. *Current Actions:* There are no change to these existing regulations. *Type of Review:* Extension of OMB approval. *Affected Public:* Not-for-profit institutions and state, local or tribal governments. *Estimated Number of Respondents:* 4,000. *Estimated Time Per Respondent:* 30 minutes. *Estimated Total Annual Burden Hours:* 2,000. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 2, 2007. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7398 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8879-B AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8879-B, IRS e-file Signature Authorization for Form 1065-B. DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala,

(202)622-3634, at Internal Revenue Service, room 6516, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at *RJoseph.Durbala@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* IRS e-file Signature Authorization for Form 1065-B. *OMB Number:* 1545-2043. *Form Number:* 8879-B. *Abstract:* A general partner or a limited liability company member manager (LLC member manager) and an electronic return originator

(ERO)use Form 8879-B when the general partner or LLC member manager wants to use a personal identification number

(PIN)to electronically sign an electing large partnership's electronic income tax return, and, if applicable, consent to an electronic funds withdrawal. *Current Actions:* There is no change in the paperwork burden previously approved by OMB. This form is being submitted for renewal purposes only. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Businesses and other for-profit organizations. *Estimated Number of Respondents:* 60. *Estimated Time Per Respondent:* 4 hours 17 minutes. *Estimated Total Annual Burden Hours:* 258. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 11, 2007. Glenn P. Kirkland, IRS Reports Clearance Officer. [FR Doc. E7-7402 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 4562 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 4562, Depreciation and Amortization (Including Information on Listed Property). DATES: Written comments should be received on or before June 18, 2007 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn P. Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to R. Joseph Durbala at Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3634, or through the Internet at *RJoseph.Durbala@irs.gov.* SUPPLEMENTARY INFORMATION: *Title:* Depreciation and Amortization (Including Information on Listed Property). *OMB Number:* 1545-0172. *Form Number:* Form 4562. *Abstract:* Form 4562 is used to claim a deduction for depreciation and amortization; to make the election to expense certain tangible property under Internal Revenue Code section 179; and to provide information on the business/investment use of automobiles and other listed property. The form provides the IRS with the information necessary to determine that the correct depreciation deduction is being claimed. *Current Actions:* There are no changes being made to Form 4562 at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, farms, and individuals. *Estimated Number of Respondents:* 4,800,000. *Estimated Time Per Respondent:* 45 hours, 11 minutes. *Estimated Total Annual Burden Hours:* 217,399,275. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

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

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

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

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(1988)that an open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be held Monday, May 14, 2007 from 10:30 a.m. to 11:30 a.m. ET via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made in advance Ms. Audrey Y. Jenkins at 1-888-912-1227 or

(718)488-2085. Written comments may be sent to Audrey Y. Jenkins, TAP Office, 10 MetroTech Center, 625 Fulton Street, Brooklyn, NY 11201 or post comments to the Web site: *http://www.improveirs.org* . The agenda will include various IRS issues. Dated: April 12, 2007. John Fay, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E7-7399 Filed 4-18-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision Submission for OMB Review; Comment Request—Savings Association Holding Company Report H-(b)11 AGENCY: Office of Thrift Supervision (OTS), Treasury. ACTION: Notice and request for comment. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review and approval, as required by the Paperwork Reduction Act of 1995. OTS is soliciting public comments on the proposal. DATES: Submit written comments on or before May 21, 2007. ADDRESSES: Send comments, referring to the collection by title of the proposal or by OMB approval number, to OMB and OTS at these addresses: Office of Information and Regulatory Affairs, Attention: Desk Officer for OTS, U.S. Office of Management and Budget, 725-17th Street, NW., Room 10235, Washington, DC 20503, or by fax to

(202)395-6974; and Information Collection Comments, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, by fax to

(202)906-6518, or by e-mail to *infocollection.comments@ots.treas.gov* . OTS will post comments and the related index on the OTS Internet Site at *http://www.ots.treas.gov* . In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call

(202)906-5922, send an e-mail to *public.info@ots.treas.gov* , or send a facsimile transmission to

(202)906-7755. FOR FURTHER INFORMATION CONTACT: For further information or to obtain a copy of the submission to OMB, please contact Marilyn K. Burton at *marilyn.burton@ots.treas.gov* ,

(202)906-6467, or facsimile number

(202)906-6518, Litigation Division, Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS may not conduct or sponsor an information collection, and respondents are not required to respond to an information collection, unless the information collection displays a currently valid OMB control number. As part of the approval process, we invite comments on the following information collection. *Title of Proposal:* Savings Association Holding Company Report H-(b)11. *OMB Number:* 1550-0060. *Form Number:* H-(b)11. *Regulation requirement:* 12 CFR 584.1(a)(2). *Description:* The H-(b)11 form is used to aid OTS in its role as consolidated supervisor of savings and loan holding companies. It will aid OTS in determining whether savings and loan holding companies are engaging in activities that violate applicable statutes and regulations or may prove injurious to any subsidiary savings association. In addition, with this submission, OTS is clarifying reporting expectations and making plain language changes in the instructions to this form. *Type of Review:* Renewal. *Affected Public:* Savings and Loan Holding Companies. *Estimated Number of Respondents:* 1,012. *Estimated Burden Hours per Response:* 2 hours. *Estimated Frequency of Response:* Quarterly. *Estimated Total Burden:* 8,096 hours. *Clearance Officer:* Marilyn K. Burton,

(202)906-6467, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. *OMB Reviewer:* Desk Officer for OTS, Fax:

(202)395-6974, U.S. Office of Management and Budget, 725-17th Street, NW., Room 10235, Washington, DC 20503. Dated: April 13, 2007. Deborah Dakin, Senior Deputy Chief Counsel, Regulations and Legislation Division. [FR Doc. E7-7465 Filed 4-18-07; 8:45 am] BILLING CODE 6720-01-P DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; System of Records AGENCY: Department of Veterans Affairs (VA). ACTION: Notice of amendment to an existing System of Records. SUMMARY: As required by the Privacy Act of 1974 (title 5, United States Code (U.S.C.), Section 552a(e)), notice is hereby given that the Department of Veterans Affairs

(VA)is amending the system of records currently entitled, “Shipboard Hazard and Defense Integrated Database—VA” (128VA008A) as set forth in the **Federal Register** 68 FR 56379. VA is amending the system by revising the System Number, System Name, System Location, Categories of Individuals Covered by the System, Categories of Records in the System, Authority for Maintenance of the System, Purpose, and Routine Uses of Records Maintained in the System, including Categories of Users and the Purposes of Such Uses, the System Manager, System Address and Notification and Records Access sections of the system notice. VA is republishing the system notice in its entirety. DATES: Comments on the amendment of this system of records must be received no later than May 21, 2007. If no public comment is received, the new system will become effective May 21, 2007. ADDRESSES: Written comments may be submitted through *www.Regulations.gov;* by mail or hand-delivery to the Director, Regulations Management (00REG), U. S. Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to

(202)273-9026. Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call

(202)273-9515 for an appointment. In addition, during the comment period, comments may be viewed online through the Federal Docket Management System. FOR FURTHER INFORMATION CONTACT: Dat Tran, Director, Data Development and Analysis Service, (008A3), U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420,

(202)273-6482. SUPPLEMENTARY INFORMATION: I. Description of the Proposed Amendments to Systems of Records “Shipboard Hazard and Defense Integrated Database—VA” (128VA008A) The System Name is changed from “Shipboard Hazard and Defense Integrated Database—VA” to the “Chemical and Biological Agent Exposure Database—VA” because the Department of Defense

(DoD)will provide VA with individually-identified data on individuals whom DoD identifies as having been exposed (or possibly exposed) to chemical and biological agents while on active duty. The System Number is changed from 128VA008A to 128VA008 to reflect the current office within the VA Office of Policy and Planning (OPP), previously known as the Office of Policy, Planning, and Preparedness, that is the System Manager for the system of records. VA is changing the System Location to reflect the fact that OPP also stores copies of electronic data on a secured server in VA's Austin Automation Center. VA is also amending the Storage and Safeguards portions of the notice to provide relevant information about the storage and safeguards for electronic data stored at the Austin Automation Center. The Categories of Individuals Covered in the System portion of the System notice is amended to include all veterans, not just Project Shipboard Hazard and Defense (Project SHAD) and Project 112 veterans, whom DoD identifies as having been exposed (or possibly exposed) to chemical and biological agents while on active duty. VA is expanding the Categories of Records in the System Section to include protected health information received from VA's Veterans Health Administration (VHA), financial-related information ( *i.e.* , VA and other Federal benefits etc.) for benefits utilization reports, as well as additional data elements from select VA databases currently providing information for this system of records. VA is also simplifying the description of the categories of records in the system by listing the various types of records maintained rather than continuing the current “laundry list” of records. For example, the new notice states that VA will maintain “personal identifiers” rather than listing name, social security number and veteran service number as is done in the current notice. VA is not deleting any records from the Categories of Records in the System. The Authority for Maintenance of the System was previously the general regulatory authority of the Secretary of Veterans Affairs, section 501 of title 38, U.S.C. VA is revising this section of the notice to read title 38, U.S.C. 527, which mandates that the Department engage in gathering and conducting statistical analysis on data in order to evaluate and improve the delivery of title 38 benefits to America's veterans and their dependents. VA is amending the Purposes section of the notice to reflect the duties that OPP performs with the data under section 527 of title 38, U.S.C. VA is amending the Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System to reflect the change in how OPP stores records in VA Central Office. VA is also providing information concerning the data stored on the secured server at the Austin Automation Center. Retrievability is amended to state the other data fields by which OPP will retrieve information from this system of records. Safeguards are changed to reflect a new storage location, and enhanced security measures adopted since VA last published this notice. The Systems Managers, Addresses, Notification, and Records Access Procedures Sections are amended to reflect new point of contact information and organizational name changes. The Department has made minor edits to the System Notice for grammar and clarity purposes to reflect plain language, including changes to routine uses. These changes are not, and are not intended to be, substantive, and are not further discussed or enumerated. II. Proposed Routine Use of Disclosures of Data in the System VA is rewriting existing routine uses in the System using plain language. The use of plain language in these routine uses does not, and is not intended to, change the disclosures authorized under these routine uses. VA is amending, deleting, rewriting and reorganizing the order of the routine uses in this system of records, as well as adding new routine uses. VA is amending the preamble before the listing of routine uses to state that the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule must also permit disclosure of individually-identifiable information from the system of records before OPP may disclose records under the routine use. Routine Use Number 1 is not changed substantively. VA is deleting current routine use number 2 because the Agency does not disclose information from this system of records under this routine use. VA is deleting current routine use number 3 because the Agency does not disclose information from this system of records under this routine use. VA is not amending current routine use number 4 substantively, but is renumbering it as routine use number 2 in the amended system of records notice. VA is not amending current routine use number 5, but is renumbering it as routine use number 8 in the amended system of records notice. VA is amending current routine use number 6 and renumbering it as routine use number 3. The new routine use states prior to disclosure that OPP will determine:

(A)That the disclosure does not violate legal or policy limitations under which the record was provided, collected, or obtained;

(B)that the study purpose

(1)cannot be reasonably accomplished unless the record is provided in individually-identifiable form, and

(2)warrants the risk to the privacy of the individual that additional exposure of the record might bring; and

(C)that the recipient has agreed that

(1)It will establish (if it hasn't already) reasonable administrative, technical, and physical safeguards to prevent unauthorized use or disclosure of the record,

(2)it will remove or destroy the information that identifies the individual at the earliest time at which removal or destruction can be accomplished consistent with the purpose of the study, unless the recipient has presented adequate justification of a study or health nature for retaining such information, and

(3)it will make no further use or disclosure of the record except

(a)In emergency circumstances affecting the health or safety of any individual,

(b)for use in another study, under these same conditions, and only with prior written authorization of the Department,

(c)for disclosure to a properly identified person for the purpose of an audit related to the study, if information that would enable veterans or their dependents to be identified is removed or destroyed at the earliest opportunity consistent with the purpose of the audit, or

(d)when required by law. VA will secure a written statement attesting to the recipient's understanding of, and willingness to abide by, these provisions. In an effort to obtain health and other information, OPP may disclose limited individual identification information to another Federal agency for the purpose of matching and acquiring information held by that agency. Records that are matched with information owned by another Federal agency, such as DoD, will not be used for determining eligibility of benefits or services through VA or another Federal agency. VA is renumbering current routine use number 7 as routine use number 4 and amending it to more accurately reflect the conditions under which VA, on its own initiative, may disclose information from this system of records for law enforcement purposes. VA is deleting current routine use number 8 because VA does not anticipate releasing information from this system of records for the purpose stated in current routine use number 8. VA is renumbering current routine use number 9 as routine use number 5, and amending it to more clearly state when OPP will disclose information to the Department of Justice or may itself disclose records in litigation involving the United States. In determining whether to disclose records under this routine use, VA will comply with the guidance promulgated by the Office of Management and Budget

(OMB)in a May 24, 1985, memorandum entitled “Privacy Act Guidance—Update” currently posted at *http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf* . Routine use number 6 is a new routine use authorizing OPP to disclose individually-identifiable information to contractors or other entities that will provide services to OPP for which the recipient needs that information in order to perform the services. Routine use number 7 is a new routine use that states the circumstances, and to whom, VA may disclose records in order to respond to, and minimize possible harm to individuals as a result of a data breach. This routine use is promulgated in order to meet VA's statutory duties under title 38, U.S.C. 5724 and the Privacy Act. III. Compatibility of the Proposed Routine Uses The Privacy Act permits VA to disclose information about individuals without their authorization for a routine use when the information will be used for a purpose that is compatible with the purpose for which we collected the information. In all of the routine use disclosures, either the recipient of the information will use the information in connection with a matter relating to one of VA's programs, will use the information to provide a benefit to VA, or the disclosure is required by law. The notice of intent to publish and an advance copy of the system notice have been sent to the appropriate Congressional committees and to the Director of OMB as required by title 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000. Approved: April 5, 2007. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. 128VA008 SYSTEM NAME: Chemical and Biological Agent Exposure Database—VA”. SYSTEM LOCATION: One location for electronic and paper records, following VA-approved procedures, is in the Office of the Director, Data Development and Analysis Service, (008A3), U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Additionally, electronic records are also placed on the Department of Veterans Affairs' (VA's) secured server which is housed at VA's Austin Automation Center, 1615 Woodward St., Austin, TX 78772. Records necessary for a contractor to perform under a VA-approved contract are located at the respective contractor's facility. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Veterans identified by DoD or another government agency as having been exposed to any type of chemical (including psycho-chemical) and biological agents during active duty. CATEGORIES OF RECORDS IN THE SYSTEM: The records include personal identifiers, residential and professional contact data, population demographics, military service-related data, financial-related data, claims processing codes and information, and other VA and non-VA Federal benefit information. Additionally, some records may contain DoD health care-related data or VHA-originated health care information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Title 38, U.S.C 527. PURPOSE(S): To measure and evaluate on a continuing basis all programs authorized under title 38, U.S.C., including analysis and review of policy and planning issues affecting VA programs, in order to support legislative, regulatory and policy recommendations, initiatives and decisions affecting VA programs and activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: To the extent that records contained in the system include information protected by Title 45, Code of Federal Regulations

(CFR)Parts 160 and 164 ( *i.e.* , individually identifiable health information) and title 38, U.S.C. 7332 ( *i.e.* , medical treatment information related to drug abuse, alcoholism or alcohol abuse, sickle cell anemia or infection with the human immunodeficiency virus), that information cannot be disclosed under a routine use unless there is also specific statutory authority in title 38, U.S.C. 7332 and regulatory authority in Title 45, CFR Parts 160 and 164 permitting disclosure. 1. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual. 2. Any disclosure from the system of records may be made to the National Archives and Records Administration

(NARA)in records management inspections under title 44, U.S.C. 3. Any system records may be disclosed to a Federal agency for the conduct of research and data analysis to perform a statutory purpose of that Federal agency upon the prior written request of that agency, provided that there is legal authority under all applicable confidentiality statutes and regulations to provide the data and OPP has determined prior to the disclosure that OPP data handling requirements are satisfied. OPP may disclose limited individual identification information to another Federal agency for the purpose of matching and acquiring information held by that agency for OPP to use for the purposes stated for this system of records. 4. VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected or reasonably imminent violation of law, whether civil, criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, to a Federal, State, local, tribal, or foreign agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule or order. On its own initiative, VA may also disclose the names and addresses of veterans and their dependents to a Federal agency charged with the responsibility of investigating or prosecuting civil, criminal or regulatory violations of law, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto. 5. VA may disclose information in this system of records to the Department of Justice (DoJ), either on VA's initiative or in response to DoJ's request for the information, after either VA or DoJ determines that such information is relevant to DoJ's representation of the United States or any of its components in legal proceedings before a court or adjudicative body, provided that, in each case, the agency also determines prior to disclosure that disclosure of the records to the DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. VA, on its own initiative, may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. 6. Any system records may be disclosed to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement for the performance of the services identified in the contract or agreement. The person performing the agreement or contract (or employees of the person) also may disclose records covered by the contract or agreement to any secondary entity or individual to perform an activity necessary to provide to VA the service identified in the contract or agreement as permitted under the contract or agreement. 7. VA may, on its own initiative, disclose information when VA reasonably believes that there may have been a data breach with respect to information in the system such that the confidentiality or integrity of information in the system of records may have been compromised to such agencies, entities, and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed data breach and prevent, minimize, or remedy such harm, including conduct of any risk analysis, or provision of credit protection services as provided in title 38, U.S.C. 5724. 8. Disclosure of information, excluding names and address (unless furnished by the requestor) for research purposes determined to be necessary and proper, may be made to epidemiological and other research facilities approved by the Under Secretary for Health. DISCLOSURE TO CONSUMER REPORTING AGENCIES: VA will not disclose information to consumer reporting agencies. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: OPP's secured records are maintained electronically or remain in textual form. All portable storage devices and media are kept in a safe when not in immediate use. The devices and other media are located in a combination-locked safe which is secured inside a key-accessed room at the U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Other electronic data are placed on VA's segregated server which is housed at VA's Austin Automation Center, 615 Woodward St., Austin, TX 78772. Information stored on paper is kept locked in file cabinets when not in immediate use. Databases are temporarily placed on a secured server inside a restricted network area for data match purposes only. Information that resides on a segregated server is kept behind cipher locked doors with limited access. Requestors of OPP stored health information within VA, or from external individuals, contractors, organizations, and/or agencies with whom VA has a contract or agreement, must provide an equivalent level of security protection and comply with all applicable VA policies and procedures for storage and transmission as codified in VA directives such as but not limited to VA Directive 6504. RETRIEVABILITY: OPP's records may be retrieved by using a social security number, military service number, VA claim or file number, non-VA Federal benefit identifiers, and other personal identifiers. SAFEGUARDS: This list of safeguards furnished in this system of records is a general statement of measures taken to protect data in this system of records and is not an exclusive list of measures taken. Other policies and protections apply. For example, HIPAA guidelines for protecting health information will be followed by adopting health-care-industry best practices in order to provide adequate safeguards. Further, VA policy directives that specify the standards that will be applied to protect information will be reviewed by VA staff and contractors through mandatory data privacy and security training annually. All VA offices are protected from unauthorized access by security personnel seven days a week. Entrances and exits are monitored by security cameras and protected by an alarm system. All VA staff and visitors are required to either have a VA-issued employment identification card or a temporary visitor identification badge. All work stations are secured during daytime and evening hours. Electronic data located in Washington, DC, are stored in a combination-key-locked safe which is secured inside a limited-access room. Authorized employee access to the limited-access room and the safe is based upon strict business needs as determined by the Assistant Secretary for Policy and Planning. Textual data are stored in key-locked cabinets inside secured rooms. Access to the server in Austin, TX, is generally limited by appropriate locking devices and restricted to authorized VA personnel. Access to health information provided by VHA pursuant to a Business Associate Agreement

(BAA)is restricted to those OPP employees and contractors who have a need for the information in the performance of their official duties related to the terms of the BAA. As a general rule, full sets of health care information are not provided for use unless authorized by the Assistant Secretary for Policy and Planning. File extracts provided for specific official uses will be limited to the minimum necessary records and contain only the information fields needed for the analysis. Data used for analyses will have individual identifying characteristics removed whenever possible. Security complies with applicable Federal Information Processing Standards

(FIPS)issued by the National Institute of Standards and Technology (NIST). Health information files containing unique identifiers such as social security numbers are encrypted to NIST verified FIPS 140-2 standard or higher for storage, transport, or transmission. All files stored or transmitted on laptops, workstations, or data storage devices are encrypted. Files are kept encrypted at all times except when data are in immediate use. These methods are applied in accordance with HIPAA Privacy and Security regulations. All data requests must be received in writing, vetted through a review board, concurred on by the Assistant Secretary for Policy and Planning, and released under the auspices of a signed data use agreement. File extracts provided for specific official uses will be limited to contain only the information fields needed for the analysis. Data used for analyses will have individual identifying characteristics removed or encrypted whenever possible. Unencrypted sensitive variables will only be used for analysis as a last resort. In the event of a contract or special project, VA may secure the services of contractors and/or subcontractors. In such cases, VA will maximize the utilization of encrypted data when possible. Contractors and their subcontractors are required to maintain the same level of security as VA staff for health care information that has been disclosed to them. Any data disclosed to a contractor or subcontractor to perform authorized analyses requires the use of Data Use Agreements (DUAs), Non-Disclosure Statements and BAAs to protect health information. Unless explicitly authorized in writing by VA, sensitive or protected data made available to the contractor and subcontractors shall not be divulged or made known in any manner to other parties or to any person. Other Federal or State agencies requesting health care information need to provide DUAs to protect data. RETENTION AND DISPOSAL: Records are destroyed or deleted when no longer needed for administrative, legal, audit, or other operational purposes in accordance with applicable, approved records disposition authority. If the Archivist has not approved disposition authority for any records covered by the system notice, the System Manager will take immediate action to obtain an approved records disposition authority in accordance with VA Handbook 6300.1, Records Management Procedures. The records may not be destroyed until VA obtains an approved records disposition authority. SYSTEM MANAGER(S) AND ADDRESS(ES): OPP's system manager is the Director, Data Development and Analysis Service, (008A3), U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. NOTIFICATION PROCEDURE: An individual who wishes to determine whether a record is being maintained in this system under his or her name or other personal identifier, or wants to determine the contents of such record, should submit a written request to the Director, Office of Data Development and Analysis, (008A3), U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Such requests must contain a reasonable description of the records requested. In addition, identification of the individual requesting the information will be required in the written request and will minimally consist of the requester's name, signature, social security number, address, telephone number, and return address. RECORD ACCESS PROCEDURES: Individuals seeking information regarding access to and contesting of records maintained by OPP under his or her name or other personal identifier may write the System Manager named above and specify the information being requested or contested. CONTESTING RECORDS PROCEDURES: (See Notification procedure above.) RECORD SOURCE CATEGORIES: Information is obtained from VHA patient medical records, various automated record systems providing clinical and managerial support to VA health care facilities, records from VA's Veterans Benefits Administration, DoD, and other Federal agencies. [FR Doc. E7-7440 Filed 4-18-07; 8:45 am] BILLING CODE 8320-01-P 72 75 Thursday, April 19, 2007 CORRECTIONS Aaron Siegel DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—LiMo Foundation Correction In notice document 07-1727 appearing on page 17583 in the issue of Monday, April 9, 2007, make the following correction: In the second column, in the second full paragraph, in the fourth line, “JAPAN;” should read “JAPAN; NTT DoCoMo Inc., Tokyo, JAPAN;”. [FR Doc. C7-1727 Filed 4-18-07; 8:45 am] BILLING CODE 1505-01-D Dominique SECURITIES AND EXCHANGE COMMISSION [Release No. 34-55589- File No. SR-ISE-2007-18] Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing of Proposed Rule Change Relating to Customer Orders on the Book Correction In notice document E7-6870 beginning on page 18498, in the issue of Thursday, April 12, 2007, make the following correction: On page 18499, in the first column, in the first paragraph, on the last line, “May 2, 2007” should read “May 3, 2007”. [FR Doc. Z7-6870 Filed 4-18-07; 8:45 am] BILLING CODE 1505-01-D 72 75 Thursday, April 19, 2007 Presidential Documents Part II The President Proclamation 8126—Honoring the Victims of the Tragedy at Virginia Tech Title 3— The President Proclamation 8126 of April 17, 2007 Honoring the Victims of the Tragedy at Virginia Tech By the President of the United States of America A Proclamation Our Nation grieves with those who have lost loved ones at Virginia Tech. We hold the victims in our hearts. We lift them up in our prayers, and we ask a loving God to comfort those who are suffering. As a mark of respect for the victims of the senseless acts of violence perpetrated on Monday, April 16, 2007, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, Sunday, April 22, 2007. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of April, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-first. GWBOLD.EPS [FR Doc. 07-1984 Filed 4-18-07; 8:53 am]

Connectionstraces to 5

Traces to 5 documents

U.S. Code

12 references not yet in our index