Notices. Notice of information collections to be submitted to OMB for review and approval under the Paperwork Reduction Act of 1995

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BILLING CODE 6712-01-P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of information collections to be submitted to OMB for review and approval under the Paperwork Reduction Act of 1995. SUMMARY: In accordance with requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the FDIC hereby gives notice that it plans to submit to the Office of Management and Budget

(OMB)a request for OMB review and approval of the following information collections: Application for Consent to Exercise Trust Powers (3064-0025); Asset Securitization (3064-0137); and Insurance Sales Consumer Protections (3064-0140). These collections of information are described below. DATES: Comments must be submitted on or before June 29, 2007. ADDRESSES: Interested parties are invited to submit written comments by any of the following methods. All comments should refer to the name of the collection: • *http://www.FDIC.gov/regulations/laws/federal/notices.html.* • E-mail: *comments@fdic.gov.* Include the name of the collection in the subject line of the message. • Mail: Steve Hanft (202-898-3907), Clearance Officer, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. • Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. A copy of the comments may also be submitted to the OMB Desk Officer for the FDIC, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Steve Hanft (address above). SUPPLEMENTARY INFORMATION: 1. *Title:* Application for Consent to Exercise Trust Powers. *OMB Number:* 3064-0025. *Form Number:* FDIC 6200/09. *Frequency of Response:* On occasion. *Affected Public:* Insured state nonmember banks wishing to exercise trust powers. *Estimated Number of Respondents:* 18. *Estimated Time per Response for Eligible Depository Institutions:* 8 hours. *Estimated Time per Response for Institutions that do not Qualify as Eligible Institutions:* 24 hours. *Total Annual Burden:* 208 hours. *General Description of Collection:* FDIC regulations (12 CFR 333.2) prohibit any insured state nonmember bank from changing the general character of its business without the prior written consent of the FDIC. The exercise of trust powers by a bank is usually considered to be a change in the general character of a bank's business if the bank did not exercise those powers previously. Therefore, unless a bank is currently exercising trust powers, it must file a formal application to obtain the FDIC's written consent to exercise trust powers. State banking authorities, not the FDIC, grant trust powers to their banks. The FDIC merely consents to the exercise of such powers. Applicants use form FDIC 6200/09 to obtain FDIC's consent. 2. *Title:* Interagency Guidance on Asset Securitization Activities. *OMB Number:* 3064-0137. *Form Number:* None. *Frequency of Response:* On occasion. *Affected Public:* Insured state nonmember banks involved in asset securitization activities. *Estimated Number of Responses:* 20. *Estimated Time per Response:* 7.45 hours. *Total Annual Burden:* 149 hours. *General Description of Collection:* This collection applies to institutions engaged in asset securitization and consists in recordkeeping requirements associated with developing or upgrading a written asset securitization policy, documenting fair value of retained interests, and a management information system to monitor securitization activities. Bank managements use this information as the basis for the safe and sound operation of their asset securitization activities and to ensure that they minimize operational risk in these activities. The FDIC uses the information to evaluate the quality of an institution's risk management practices, and to assist institutions without proper internal supervision of their asset securitization activities to implement corrective action to conduct these activities in a safe and sound manner. 3. *Title:* Consumer Protections for Depository Institution Sales of Insurance. *OMB Number:* 3064-0140. *Form Number:* None. *Frequency of Response:* On occasion. *Affected Public:* Insured state nonmember banks that sell insurance products; persons who sell insurance products in or on behalf of insured state nonmember banks. *Estimated Number of Respondents:* 3,740. *Estimated Time per Response:* 5 hours. *Total Annual Burden:* 18,700 hours. *General Description of Collection:* Respondents must prepare and provide certain disclosures to consumers ( *e.g.* , that insurance products and annuities are not FDIC-insured) and obtain consumer acknowledgments, at two different times:

(1)before the completion of the initial sale of an insurance product or annuity to a consumer; and

(2)at the time of application for the extension of credit (if insurance products or annuities are sold, solicited, advertised, or offered in connection with an extension of credit). Request for Comment Comments are invited on:

(a)Whether these collections of information are necessary for the proper performance of the FDIC's functions, including whether the information has practical utility;

(b)the accuracy of the estimates of the burden of the information collections, including the validity of the methodology and assumptions used;

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

(d)ways to minimize the burden of the information collections 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 the information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the collections should be modified prior to submission to OMB for review and approval. Comments submitted in response to this notice also will be summarized or included in the FDIC's requests to OMB for renewal of these collections. All comments will become a matter of public record. Dated at Washington, DC, this 23rd day of May, 2007. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. E7-10292 Filed 5-29-07; 8:45 am] BILLING CODE 6714-01-P FEDERAL ELECTION COMMISSION [Notice 2007-12] Filing Dates for the Massachusetts Special Election in the 5th Congressional District AGENCY: Federal Election Commission. ACTION: Notice of filing dates for special election. SUMMARY: Massachusetts has scheduled elections on September 4, 2007, and October 16, 2007, to fill the U.S. House of Representatives seat in the Fifth Congressional District vacated by Representative Martin T. Meehan. Committees required to file reports in connection with the Special Primary Election on September 4, 2007, shall file a 12-day Pre-Primary Report. Committees required to file reports in connection with both the Special Primary and Special General Election on October 16, 2007, shall file a 12-day Pre-Primary Report, a 12-day Pre-General Report, and a 30-day Post-General Report. FOR FURTHER INFORMATION CONTACT: Mr. Kevin R. Salley, Information Division, 999 E Street, NW., Washington, DC 20463; Telephone:

(202)694-1100; Toll Free

(800)424-9530. SUPPLEMENTARY INFORMATION: Principal Campaign Committees All principal campaign committees of candidates who participate in the Massachusetts Special Primary and Special General Elections shall file a 12-day Pre-Primary Report on August 23, 2007; a 12-day Pre-General Report on October 4, 2007; and a 30-day Post-General Report on November 15, 2007. (See chart below for the closing date for each report). All principal campaign committees of candidates participating only in the Special Primary Election shall file a 12-day Pre-Primary Report on August 23, 2007. (See chart below for the closing date for each report). Unauthorized Committees (PACs and Party Committees) Political committees filing on a semiannual basis in 2007 are subject to special election reporting if they make previously undisclosed contributions or expenditures in connection with the Massachusetts Special Primary or Special General Elections by the close of books for the applicable report(s). (See chart below for the closing date for each report). Committees filing monthly that support candidates in the Massachusetts Special Primary or Special General Election should continue to file according to the monthly reporting schedule. Disclosure of Electioneering Communications (Individuals and Other Unregistered Organizations) Federal Election Commission electioneering communications rules govern television and radio communications that refer to a clearly identified federal candidate and are distributed within 30 days prior to a special primary election or 60 days prior to a special general election. 11 CFR 100.29. See also 2 U.S.C. 434(f). The statute and regulations require, among other things, that individuals and other groups not registered with the FEC who make electioneering communications costing more than $10,000 in the aggregate in a calendar year disclose that activity to the Commission within 24 hours of the distribution of the communication. See 2 U.S.C. 434(f)(1) and 11 CFR 104.20. The 30-day electioneering communications period in connection with the Massachusetts Special Primary runs from August 5, 2007, through September 4, 2007. The 60-day electioneering communications period in connection with the Massachusetts Special General runs from August 17, 2007, through October 16, 2007. Calendar of Reporting Dates for Massachusetts Special Election Report Close of books 1 Reg./cert. & overnight mailing deadline Filing deadline Quarterly Filing Committees Involved in Only the Special Primary (09/04/07), Must File Pre-Primary 08/15/07 08/20/07 08/23/07 October Quarterly 09/30/07 10/15/07 10/15/07 Semiannual Filing Committees Involved in Only the Special Primary (09/04/07), Must File Pre-Primary 08/15/07 08/20/07 08/23/07 Year-End 12/31/07 01/31/08 01/31/08 Quarterly Filing Committees Involved in Both the Special Primary (09/04/07) and Special General (10/16/07) Must File Pre-Primary 08/15/07 08/20/07 08/23/07 Pre-General 09/26/07 10/01/07 10/04/07 October Quarterly 09/30/07 10/15/07 10/15/07 Post-General 11/05/07 11/15/07 11/15/07 Year-End 12/31/07 01/31/08 01/31/08 Semiannual Filing Committees Involved In Both The Special Primary (09/04/07) And Special General (10/16/07) Must File Pre-Primary 08/15/07 08/20/07 08/23/07 Pre-General 09/26/07 10/01/07 10/04/07 Post-General 11/05/07 11/15/07 11/15/07 Year-End 12/31/07 01/31/08 01/31/08 Quarterly Filing Committees Involved in Only the Special General (10/16/07), Must File Pre-General 09/26/07 10/01/07 10/04/07 October Quarterly 09/30/07 10/15/07 10/15/07 Post-General 11/05/07 11/15/07 11/15/07 Year-End 12/31/07 01/31/08 01/31/08 Semiannual Filing Committees Involved in Only the Special General (10/16/07), Must File Pre-General 09/26/07 10/01/07 10/04/07 Post-General 11/05/07 11/15/07 11/15/07 Year-End 12/31/07 01/31/08 01/31/08 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee's first activity. Dated: May 24, 2007. Robert D. Lenhard, Chairman, Federal Election Commission. [FR Doc. E7-10322 Filed 5-29-07; 8:45 am] BILLING CODE 6715-01-P FEDERAL MARITIME COMMISSION Privacy Act of 1974; Systems of Records Issued: May 24, 2007. AGENCY: Federal Maritime Commission. ACTION: Proposed notice of revised system of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the Federal Maritime Commission (“Commission” or “FMC”) is publishing for comment, a revised system of records that is currently maintained by the Commission. The system of records designated as FMC-7, entitled: “Licensed Ocean Freight Forwarders File-FMC”, is being revised to:

(1)Change its title;

(2)clarify the location of the system;

(3)clarify the categories of individuals covered by the system;

(4)expand the list of categories of records in the system;

(5)expand the list of routine uses of records maintained in the system; and

(6)expand the list of record source categories. DATES: Submit an original and 15 copies of comments (paper), or e-mail comments as an attachment in WordPerfect 10, Microsoft Word 2003, or earlier versions of these applications, no later than June 30, 2007. These revisions will become effective on July 9, 2007, unless the Commission receives comments that would result in a contrary determination. ADDRESSES: Comments may be submitted to: Bryant L. VanBrakle, Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-0001,

(202)523-5725, e-mail: *secretary@fmc.gov* . FOR FURTHER INFORMATION CONTACT: Bryant L. VanBrakle, Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-0001,

(202)523-5725, e-mail: *secretary@fmc.gov* . SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, as amended, the FMC proposes to revise the system of records designated as FMC-7 (Licensed Ocean Freight Forwarders File-FMC) by changing the system name to “Licensed Ocean Transportation Intermediaries Files (Form FMC-18)” and by clarifying that the system is located in the Commission's Bureau of Certification and Licensing. The proposed modifications to the system title and location reflect changes due to statutory amendments under the Ocean Shipping Reform Act of 1998 (Pub. L. 105-258), and Commission organizational changes that have taken place since the last update and publication of this system of records on June 24, 1999. 64 FR 33862. The categories of individuals covered by the system have been clarified to better identify the individuals and titles of corporate applicants. The categories of records in the system have been expanded to include the use of Social Security Numbers (or alternatively, the driver's license numbers, passport numbers or alien registration numbers) of the stockholders, officers, and directors of individual ocean transportation intermediaries (OTIs); corporate organizational documents and business licenses; and the inclusion of surety bond information required by statute with respect to licensed OTIs. This additional information is required for the staff to be able to determine whether or not an applicant, or existing licensee, is qualified for licensing or continues to meet the regulatory requirements of an OTI. Routine uses of the information maintained in the system have been expanded to reflect that the Commission may provide or update information maintained in the U.S. Customs and Border Protection's

(CBP)Automated Commercial Environment/International Trade Data System for the purpose of verifying the licensed or registered status of OTIs under the Trade Act of 2002 and for related CBP purposes. Also, a new record source category has been added to show that staff conduct and utilize Internet Web site searches and reviews of selected commercial and government database searches to access information relevant to processing OTI license applications. This new record source enables the staff to perform a more thorough search of information regarding the qualifications/character of an applicant/licensee. As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, and OMB Circular A-130, Appendix I, the Federal Maritime Commission has submitted a report describing the altered system of records covered by this notice to the Office of Management and Budget and to Congress. FMC-7 SYSTEM NAME: Licensed Ocean Transportation Intermediaries Files (Form FMC-18). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Bureau of Certification and Licensing, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Records are maintained on individuals, including sole proprietorships, members of partnerships, and officers and owners of corporate licensees, managers and owners of limited liability companies, ex-licensees, and applicants for licenses. CATEGORIES OF RECORDS IN THE SYSTEM: The System contains ocean transportation intermediaries

(OTIs)names, addresses and taxpayer identification numbers (which may be the Social Security Numbers), as well as the names, addresses, and Social Security Numbers (or alternatively, driver's license numbers, passport numbers or alien registration numbers) of the stockholders, officers, and directors of individual OTIs; descriptions of the relationships the OTI may have with other business entities; corporate organizational documents and business licenses; a record of the OTI's past experience in providing or procuring ocean transportation services; surety bond information with respect to licensed OTIs; and any financial information and/or criminal convictions pertinent to the licensing of the OTIs. Under the Shipping Act of 1984, as amended, OTIs may be either an ocean freight forwarder, a non-vessel-operating common carrier or both. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 553; secs. 3, 8, 10, 11, 13, 15, 17 and 19, Shipping Act of 1984 (recodified October 2006 as 46 U.S.C. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records and information contained in these records may be disclosed as follows: 1. By Commission staff for evaluation of applicants for licensing. 2. By Commission staff for monitoring the activities of licensees to ensure they are in compliance with Commission regulations. 3. To refer, where there is an indication of a violation or potential violation of law whether civil, criminal or regulatory in nature, information to the appropriate agency, whether Federal, State, or local, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rules, regulations, or orders issued pursuant thereto. 4. To request from a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information, data relevant to a Commission decision concerning the issuance of a license. 5. To provide or disclose information to a Federal agency in response to its request in connection with the hiring or retention of an employee previously employed by a licensee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on that matter. 6. To provide or update information maintained in the U.S. Customs and Border Protection's

(CBP)Automated Commercial Environment/International Trade Data System (ACE/ITDS) to verify licensed or registered status of OTIs under Trade Act of 2002 and related CBP requirements, or any other successor agency or organization. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained in file folders and in a personal computer on-site at Commission headquarters. RETRIEVABILITY: Records are indexed by name and license or organization number. SAFEGUARDS: Records are maintained in an area of restricted accessibility. RETENTION AND DISPOSAL: Applicant and licensee files are kept as long as the application and/or license is active. Files for withdrawn and denied applicants, and revoked licenses remain in the Record Location Center ten years after final action. After ten years the files are destroyed. SYSTEM MANAGER(S) AND ADDRESS: Director, Bureau of Certification and Licensing, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. NOTIFICATION PROCEDURE: All inquiries regarding this system of records should be addressed to: Secretary, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573-0001. RECORD ACCESS PROCEDURES: Requests for access to a record should be directed to the Secretary listed at the above address. Request may be in person or by mail and shall meet the requirements set out in section 503.65 of title 46 of the Code of Federal Regulations. CONTESTING RECORD PROCEDURES: An individual desiring to amend a record shall direct such request to the Secretary at the above listed address. Such requests shall specify the desired amendments and the reasons therefor, and shall meet the requirements of section 503.66 of title 46 of the Code of Federal Regulations. RECORD SOURCE CATEGORIES: 1. Information submitted by applicants and licensees. 2. Information submitted by Commission Area Representatives. 3. Information submitted by the general public ( *e.g.* , through complaints). 4. Information submitted by surety companies. 5. Information obtained through Internet Web site searches and selected commercial and government database searches conducted by Bureau of Certification and Licensing staff in processing OTI license applications ( *e.g.* , Choicepoint and Dun & Bradstreet). SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: All information that meets the criteria of 5 U.S.C. 552a(k)(2) regarding investigatory materials compiled for law enforcement purposes is exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f). Exemption is appropriate to avoid compromise of ongoing investigations, disclosure of the identity of confidential sources and unwarranted invasions of personal privacy of third parties. By the Commission. Bryant L. VanBrakle, Secretary. [FR Doc. E7-10381 Filed 5-29-07; 8:45 am] BILLING CODE 6730-01-P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 14, 2007. **A. Federal Reserve Bank of New York** (Anne MacEwen, Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001: *1. Doral Holdings Delaware, LLC, Doral Holdings, LP, and Doral GP Ltd.* , all of New York, New York; to become bank holding companies by acquiring up to 100 percent of the voting shares of Doral Financial Corporation, and Doral Bank, both of San Juan, Puerto Rico. In connection with this application, Applicant also has applied to acquire Doral Bank, FSB, New York, New York, and thereby engage in operating a savings association, pursuant to section 225.28(b)(4)(ii) of Regulation Y. Board of Governors of the Federal Reserve System, May 24, 2007. Jennifer J. Johnson, Secretary of the Board. [FR Doc. E7-10319 Filed 5-29-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-6060-N] RIN 0938-AN71 HIPAA Administrative Simplification: National Plan and Provider Enumeration System Data Dissemination AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Notice. SUMMARY: This notice establishes the data that are available from the National Plan and Provider Enumeration System (NPPES). In addition, this notice addresses who may have access to the data or may receive data from the system, the processes for requesting and receiving data, and the conditions under which data may be disclosed. FOR FURTHER INFORMATION CONTACT: Patricia Peyton,

(410)786-1812. SUPPLEMENTARY INFORMATION: I. Background A. Legislative and Regulatory Background The Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the Secretary of Health and Human Services

(HHS)to adopt a standard unique health identifier for health care providers. On January 23, 2004, HHS published a final rule in the **Federal Register** that adopted the National Provider Identifier

(NPI)as the standard unique health identifier for health care providers (69 FR 3434). The NPI final rule established the National Provider System

(NPS)and requires, among other things, that the NPS disseminate data in response to approved requests. The NPI final rule stated that we would publish a notice in the **Federal Register** describing our data dissemination strategy and the process by which we would carry it out (69 FR 3456). Therefore, we are publishing this notice. B. Operational and System Background On July 28, 1998, in accordance with the Privacy Act of 1974, we published, in the **Federal Register** , a System of Records

(SOR)notice for the National Provider System

(NPS)(63 FR 40297). The NPS is the system, as described in the NPI final rule, that will be used to enumerate health care providers and house the information provided on health care providers' applications for NPIs. The NPS is now contained within the National Plan and Provider Enumeration System (NPPES). We are in the process of revising the Privacy Act SOR notice and will soon publish an updated SOR notice. The updated SOR notice will reflect the change from NPS to NPPES and will incorporate other changes necessitated by organizational and name changes and information contained in the NPI final rule. The updated SOR notice will also contain language that will clarify its consistency with the data dissemination policy described in this notice. (The existing SOR notice, although it is being revised, supports the data dissemination policy described in this notice.) The NPPES enumerates health care providers and houses their NPIs and information from their NPI applications/updates. The NPPES also would be capable of enumerating health plans and housing their standard unique health identifiers and information from their health plan identifier applications/updates once a standard unique health identifier for health plans has been adopted. Covered entities under HIPAA are required to use NPIs to identify health care providers in standard transactions beginning no later than May 23, 2007 (small health plans have until May 23, 2008). (See the Standards for Electronic Transactions and Code Sets final rule published on August 17, 2000 (65 FR 50312), the Modifications to the Electronic Transaction and Code Sets final rule published on February 20, 2003 (68 FR 8381), and the NPI final rule published on January 23, 2004 (69 FR 3434)). Covered entities include health plans, health care clearinghouses, and those health care providers who transmit any health information in electronic form in connection with a transaction for which the Secretary has adopted a standard. The NPPES uniquely identifies health care providers by the use of an application process and assigns them their NPIs. The NPPES creates a record for each health care provider to whom it assigns an NPI. The records are updated when health care providers furnish updates to the NPPES. Health care providers are categorized by the NPPES as two types: Individuals, such as physicians; and organizations, such as hospitals. A health care provider may apply for an NPI in one of three ways:

(1)By completing form CMS-10114 (NPI Application/Update Form) and mailing it to the NPI Enumerator;

(2)by applying online at *https://NPPES.cms.hhs.gov/;* or

(3)by having an approved organization submit its NPI application data, along with the NPI application data of many other health care providers, to the NPPES in an electronic format defined by HHS. (The NPI Application/Update Form, CMS-10114, is approved under the Paperwork Reduction Act as OMB No. 0938-0931 with an expiration date of February 29, 2008.) Health care providers who apply online have electronic access to the information in their own NPPES records by using user identifiers and passwords they select. This access allows those health care providers to submit updates to their NPPES data electronically via the Web. Health care providers who apply on the paper form may update their NPPES data electronically by using user identifiers and passwords they select. However, health care providers who are individuals and who submit paper applications but did not furnish SSNs in their applications must update their NPPES data by using the paper NPI Application/Update Form. A health care provider may have its NPI application data submitted by a HHS-approved organization if the organization offers this service and the health care provider gives permission for the NPI application data to be submitted by the organization. An organization, once it is approved to do so, submits to the NPPES the health care provider's NPI application data, along with the NPI application data of many other health care providers who have also agreed to this service. The NPI application data are submitted to the NPPES for enumeration electronically in a format defined by HHS. The NPPES processes the NPI application data and makes available to the organization the NPIs that were assigned to the health care providers. If NPIs were not assigned to all of the health care providers, HHS indicates to the organization why NPIs were not assigned. This process is known as electronic file interchange

(EFI)for bulk enumeration. Information about EFI can be found at *http://www.cms.hhs.gov/NationalProvIdentStand/.* Health care providers who are assigned NPIs via this process may update their own NPPES data electronically via the Web using user identifiers and passwords they select. The approved organizations may offer to submit updates to the health care providers' NPPES data on behalf of the health care providers, and may do so if the health care providers agree. The updates are sent to the NPPES in an electronic format defined by HHS. Information on the format of EFI files is available at *https://NPPES.cms.hhs.gov.* The EFI process became available on May 1, 2006. II. How to Obtain NPI(s) and Other NPPES Data of Enumerated Health Care Providers A. Request the NPIs From the Health Care Providers Entities wishing to obtain the NPI of a health care provider for use in a standard transaction(s) may contact that health care provider directly and request the NPI. Health care providers who are covered entities under HIPAA (known as “covered health care providers”) are required by the NPI final rule to disclose their NPIs to any entity that needs them for use in standard transactions (45 CFR 162.410(a)(3)). Covered organization health care providers that have subparts that have been assigned NPIs must ensure that those subparts disclose their NPIs as well (45 CFR 162.410(a)(6)). Because the NPI was adopted for use in standard transactions, enumerated health care providers who are not covered health care providers are expected, but not required, to disclose their NPIs, upon request, to any entity that needs them for use in standard transactions. B. Request the NPIs and Other NPPES Health Care Provider Data From HHS In accordance with the Freedom of Information Act (FOIA), the Privacy Act, and the CMS FOIA and Privacy Act procedures, HHS has reviewed the health care provider data elements contained in the NPPES, which are listed in the NPI final rule (69 FR 3457 through 3460). As a result of this review, HHS believes that Social Security Numbers (SSNs), Internal Revenue Service Individual Taxpayer Identification Numbers (IRS ITINs), and dates of birth

(DOB)are not disclosable under FOIA and, therefore, HHS will not release these three data elements to the public, which includes HIPAA covered entities. This decision supports HHS and CMS efforts to prevent or minimize fraud and abuse in the Medicare and Medicaid programs and in the health care industry in general. HHS has determined that the remaining health care provider data elements contained in the NPPES, which are listed in the table below, are required to be disclosed under the FOIA. HHS believes that the data elements in the table below are sufficient to enable HIPAA covered entities to match health care provider records in NPPES with the health care providers for whom they have data. Anyone may request NPIs and other NPPES health care provider data from HHS under the FOIA. The NPPES data elements that HHS has determined are required to be disclosed under the FOIA are listed below. They are defined in the NPI final rule. NPPES Health Care Provider Data That May Be Disclosed Under FOIA For health care providers who are individuals For health care providers who are organizations NPI (This is the provider's NPI. If the provider has had an NPI replaced, this will be the same NPI as the Replacement NPI.) NPI (This is the provider's NPI. If the provider has had an NPI replaced, this will be the same NPI as the Replacement NPI.) Entity Type Code: Entity Type Code: 1=Individual 2=Organization Replacement NPI (This is the provider's NPI if the provider has been assigned a Replacement NPI. If the provider has never been assigned a Replacement NPI, this data element will be blank.) Replacement NPI (This is the provider's NPI if the provider has been assigned a Replacement NPI. If the provider has never been assigned a Replacement NPI, this data element will be blank.) Employer Identification Number (EIN). Provider Last Name (Legal Name) Provider Organization Name (Legal Business Name). Provider First Name Provider Middle Name Provider Other Last Name Provider Other Organization Name. Provider Other Last Name Type Code: Provider Other Organization Name Type Code: 1=Former Name 3=Doing Business As Name. 2=Professional name 4=Former Legal Business Name. 5=Other 5=Other. Provider Other First Name Provider Other Middle Name Provider Name Prefix Text Provider Name Suffix Text Provider Credential Text Provider First Line Business Mailing Address Provider First Line Business Mailing Address. Provider Second Line Business Mailing Address Provider Second Line Business Mailing Address. Provider Business Mailing Address City Name Provider Business Mailing Address City Name. Provider Business Mailing Address State Name Provider Business Mailing Address State Name. Provider Business Mailing Address Postal Code Provider Business Mailing Address Postal Code. Provider Business Mailing Address Country Code (If outside U.S.) Provider Business Mailing Address Country Code (If outside U.S.). Provider Business Mailing Address Telephone Number Provider Business Mailing Address Telephone Number. Provider Business Mailing Address Fax Number Provider Business Mailing Address Fax Number. Provider First Line Business Location Address Provider First Line Business Location Address. Provider Second Line Business Location Address Provider Second Line Business Location Address. Provider Business Location Address City Name Provider Business Location Address City Name. Provider Business Location Address State Name Provider Business Location Address State Name. Provider Business Location Address Postal Code Provider Business Location Address Postal Code. Provider Business Location Address Country Code (If outside U.S.) Provider Business Location Address Country Code (If outside U.S.). Provider Business Location Address Telephone Number Provider Business Location Address Telephone Number. Provider Business Location Address Fax Number Provider Business Location Address Fax Number. Healthcare Provider Taxonomy Code (Primary Taxonomy required; up to 15 may be reported) Healthcare Provider Taxonomy Code (Primary Taxonomy required; up to 15 may be reported). Other Provider Identifier Other Provider Identifier. Other Provider Identifier Type Code Other Provider Identifier Type Code. Provider Enumeration Date Provider Enumeration Date. Last Update Date Last Update Date. NPI Deactivation Reason Code NPI Deactivation Reason Code. NPI Deactivation Date NPI Deactivation Date. NPI Reactivation Date NPI Reactivation Date. Provider Gender Code Provider License Number Provider License Number State Code Authorized Official Last Name. Authorized Official First Name. Authorized Official Middle Name. Authorized Official Title or Position. Authorized Official Telephone Number. We anticipate an extraordinary demand from the health care industry for FOIA-disclosable NPPES health care provider data. Because the health care industry needs these data in order to develop linkages between legacy identifiers and NPIs that will be necessary in order to implement the NPI as required by regulation, and because health care providers need to know the NPIs of other health care providers in order to submit HIPAA-compliant health care claims transactions, there is an extreme urgency for HHS to make these data available. In order to efficiently respond, HHS will make NPPES health care provider data available on the Internet. Internet availability eliminates the need for entities to submit initial and ongoing requests for data to HHS and for HHS to process and respond to each of those requests. We believe that making these data available on the Internet is the most efficient and effective means of dissemination. HHS will make the FOIA-disclosable NPPES health care provider data available in downloadable files and in a query-only database, as described below in items 1 and 2, respectively. Upon publication of this notice, HHS will announce the Internet locations of the downloadable files and the query-only database on the CMS NPI Web page ( *http://www.cms.hhs.gov/NationalProvIdentStand/* ). At the same time, CMS will communicate that information in its provider listservs and to its business partners and other health care industry associations with whom CMS works on issues related to NPI implementation. The initial downloadable file and the query-only database will be available 30 days after the publication date of this notice. We remind health care providers who are covered entities under HIPAA that they are required by the NPI final rule to update their NPPES data within 30 days of the changes, and we encourage other health care providers who have been assigned NPIs to do the same. Further, prior to CMS” disclosure of NPPES health care provider data, we encourage health care providers who have been assigned NPIs to check the information in their NPPES records to ensure it is current. Some health care providers may wish to delete optional NPPES data that they furnished when applying for their NPIs since the information provided in these optional fields is not required. For example, the data contained in the “Other Names” and “Other Provider Identifiers” data fields are optional. Further, a primary “Healthcare Provider Taxonomy Code” is required to be furnished when applying for an NPI; however, the reporting of additional “Healthcare Provider Taxonomy Codes” (a total of 15 may be reported) is optional. The HHS NPPES data dissemination policy is as follows: 1. *NPPES health care provider data that are required to be disclosed under the FOIA will be available as a downloadable file on a Web site.* Section 552(a)(2)(D) of the FOIA requires agencies to make available by electronic means copies of records which have been released to any person under the FOIA and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records. We believe that the demand for NPPES health care provider data will be such that it will justify our making NPPES health care provider data that are required to be disclosed under the FOIA available for download by the public from an Internet Web site. The location of the downloadable file will be announced on the CMS NPI Web page ( *http://www.cms.hhs.gov/NationalProvIdentStand/* ) prior to its availability. Each month, an update file will also be available for download from the same Web site. The update file will not replace the initial file: The update file will contain only

(1)data that are required to be disclosed under FOIA for health care providers who obtained NPIs within the prior month, and

(2)updates and changes to the data that are required to be disclosed under the FOIA for enumerated health care providers that were made within the prior month. The first update file will be available for downloading 30 days after the availability of the initial file, and a new update file will be available for downloading each month thereafter. There will be no charge to download the files. We may decide to discontinue making these files available if we determine that the query-only database described in

(2)below is an adequate replacement. The NPPES data elements that HHS has determined are required to be disclosed under FOIA and will be contained in the downloadable files are listed in the table above. 2. *NPPES health care provider data that HHS has determined are required to be disclosed under FOIA will be available in a query-only database on an Internet Web site.* Section 552(a)(2)(D) of the FOIA requires agencies to make available by electronic means copies of records which have been released to any person under the FOIA and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records. We believe that the demand for NPPES health care provider data will be such that it will justify our making a query-only database containing NPPES health care provider data that are required to be disclosed under the FOIA available to the public on an Internet Web site. Users will be able to run simple queries online, such as queries by NPI and by name of health care provider. There will be no charge to use the query-only database. The NPPES data elements that HHS has determined are required to be disclosed under FOIA and will be available from the query-only database are listed in the table above. 3. *Other requests for NPPES health care provider data that HHS has determined are required to be disclosed under the FOIA.* Requests for FOIA-disclosable data in formats or in media that are not described above, or any other custom requests, will be considered in accordance with the FOIA and CMS FOIA procedures and charges (see *http://www.cms.hhs.gov/AboutWebsite/04_FOIA.asp* ). For example, these could be requests for FOIA-disclosable data for specific health care providers, or for health care providers in certain States or with certain Healthcare Provider Taxonomy Codes, or requests for FOIA-disclosable data on CD, diskette, or paper. These requests must be described in detail and be submitted to the following address: Centers for Medicare & Medicaid Services, Office of Strategic Operations and Regulatory Affairs, Freedom of Information Group, Room N2-20-16, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. Requests may be sent by fax to

(410)786-0474. We will not acknowledge, respond to, or honor requests that are made by telephone. III. Collection of Information Requirements This document does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Authority: Sections 1171 through 1179 of the Social Security Act (42 U.S.C. 1320d-1320d-8), as added by section 262 of Pub. L. 104-191. 42 CFR 162, Subpart D. (Catalog of Federal Domestic Assistance Program, No. 93.773, Medicare—Hospital Insurance Program; and No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: August 30, 2005. Mark B. McClellan, Administrator, Centers for Medicare & Medicaid Services. Dated: February 22, 2007. Michael O. Leavitt Secretary, Department of Health and Human Services. [FR Doc. 07-2651 Filed 5-23-07; 4:12 pm]

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