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Federal Register / Vol. 72, No.

200 / Wednesday, October 17, 2007 / Notices 58855

the NTP BSC on the agenda topics. Each terms of up to four years. NTP BSC focus of the Council. This directive
organization is allowed one time slot meetings are held annually or instructed the Secretary to develop and
per agenda topic. At least 7 minutes will biannually. coordinate a national program to
be allotted to each speaker, and if time Dated: October 10, 2007. enhance physical activity and sports
permits, may be extended to 10 minutes Samuel H. Wilson,
participation. The Council currently
at the discretion of the NTP BSC chair. operates under the stipulations of the
Acting Director, National Institute of
Registration for oral comments will also new directive. The primary functions of
Environmental Health Sciences and National
be available on-site, although time Toxicology Program. the Council include: (1) To advise the
allowed for presentation by on-site President, through the Secretary, on the
[FR Doc. E7–20519 Filed 10–16–07; 8:45 am]
registrants may be less than that for pre- progress made in carrying out the
BILLING CODE 4140–01–P
registered speakers and will be provisions of the enacted directive and
determined by the number of persons recommend actions to accelerate
who register at the meeting. DEPARTMENT OF HEALTH AND progress; (2) to advise the Secretary on
Persons registering to make oral ways and means to enhance
HUMAN SERVICES
comments are asked, if possible, to send opportunities for participation in
a copy of their statement to the Meeting of the President’s Council on physical fitness and sports and, where
Executive Secretary for the NTP BSC Physical Fitness and Sports possible, to promote and assist in the
(see ADDRESSES above) by November 21, facilitation and/or implementation of
2007, to enable review by the NTP BSC AGENCY: Department of Health and such measures; (3) to advise the
prior to the meeting. Written statements Human Services, Office of the Secretary, Secretary regarding opportunities to
can supplement and may expand the Office of Public Health and Science. extend and improve physical activity/
oral presentation. If registering on-site ACTION: Notice. fitness and sports programs and services
and reading from written text, please at the national, State, and local levels;
bring 40 copies of the statement for SUMMARY: As stipulated by the Federal
and (4) to monitor the need for the
distribution to the NTP BSC and NIEHS/ Advisory Committee Act, the enhancement of programs and
NTP staff and to supplement the record. Department of Health and Human educational and promotional materials
Written comments received in response Services (DHHS) is hereby giving notice sponsored, overseen, or disseminated by
to this notice will be posted on the NTP that the President’s Council on Physical the Council and advise the Secretary, as
Web site and persons identified by their Fitness and Sports will hold a meeting. necessary, concerning such needs.
name and affiliation and/or sponsoring This meeting is open to the public. A The PCPFS holds at a minimum, one
organization, if applicable. Persons description of the Council’s functions is meeting in the calendar year to (1)
submitting written comments should included also with this notice. Assess ongoing Council activities and
include their name, affiliation (if DATES: November 7, 2007, from 8 a.m. (2) discuss and plan future projects and
applicable), phone, e-mail, and to 3 p.m. programs.
sponsoring organization (if any) with ADDRESSES: Mayo Clinic, Dan Abraham
the document. Public comments Dated: October 10, 2007.
Healthy Living Center, Subway Level, Melissa Johnson,
submitted on NTP study nominations in Room 200, 200 First Street, SW.,
response to a March 29, 2007, Federal Executive Director, President’s Council on
Rochester, Minnesota 55905. Physical Fitness and Sports.
Register notice (72 FR 14816) are posted
FOR FURTHER INFORMATION CONTACT: [FR Doc. E7–20473 Filed 10–16–07; 8:45 am]
on the NTP Web site (http://
Melissa Johnson, Executive Director,
ntp.niehs.nih.gov/go/29306). These BILLING CODE 4150–35–P
President’s Council on Physical Fitness
submissions will be part of the materials
and Sports, 200 Independence Avenue,
provided to the BSC and do not need to
be resubmitted. Room 738H, SW., Washington, DC DEPARTMENT OF HEALTH AND
20201, (202) 690–5187. HUMAN SERVICES
Background Information on the NTP SUPPLEMENTARY INFORMATION: The
Board of Scientific Counselors President’s Council on Physical Fitness Centers for Disease Control and
The NTP BSC is a technical advisory and Sports (PCPFS) was established Prevention
body comprised of scientists from the originally by Executive Order 10673,
public and private sectors that provides dated July 16, 1956. PCPFS was Notice of Establishment
primary scientific oversight to the established by President Eisenhower Pursuant to the Federal Advisory
overall program and its centers. after published reports indicated that Committee Act, as amended (5 U.S.C.
Specifically, the NTP BSC advises the American boys and girls were unfit Appendix 2), the Secretary, Department
NTP on matters of scientific program compared to the children of Western of Health and Human Services (HHS),
content, both present and future, and Europe. Authorization to continue announces the establishment of the
conducts periodic review of the program Council operations was given at Board of Scientific Counselors, National
for the purpose of determining and appropriate intervals by subsequent Center for Public Health Informatics
advising on the scientific merit of its Executive Orders. The Council has (NCPHI).
activities and their overall scientific undergone two name changes and This board is established to ensure
quality. Its members are selected from several reorganizations. Presently, the that the national center has access to
recognized authorities knowledgeable in PCPFS is a program office located external viewpoints, the capacity to
fields such as toxicology, pharmacology, organizationally in the Office of Public conduct peer review of scientific
pathology, biochemistry, epidemiology, Health and Science within the Office of programs, and perform second level
risk assessment, carcinogenesis, the Secretary in the U.S. Department of peer-review of research applications.
sroberts on PROD1PC70 with NOTICES

mutagenesis, molecular biology, Health and Human Services. The Board of Scientific Counselors,
behavioral toxicology, neurotoxicology, On September 28, 2007, President NCPHI will advise the Secretary, HHS;
immunotoxicology, reproductive Bush signed Executive Order 13265 to and the Director, Centers for Disease
toxicology or teratology, and reestablish the PCPFS. Executive Order Control and Prevention; concerning
biostatistics. Members serve overlapping 13265 was established to expand the strategies and goals for the programs

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58856 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices

and research within the national demonstration project on the SUPPLEMENTARY INFORMATION:
centers; shall conduct peer-review of application of competitive acquisition
I. Background
scientific programs; and monitor the for clinical laboratory services that
overall strategic direction and focus of would otherwise be paid under the Section 302(b) of the Medicare
the national centers. The board, after Medicare Part B fee schedule. The Prescription Drug, Improvement, and
conducting its periodic reviews, shall objective of the demonstration is to Modernization Act of 2003 (MMA) (Pub.
submit a written description of the determine whether competitive bidding L. 108–173) amends section 1847(e) of
results of the review and its can be used to provide Part B clinical the Social Security Act (the Act) (42
recommendations to the Director, CDC. laboratory services at fees below current U.S.C. 1395w–3) —‘‘Competitive
The board shall also perform second- Medicare payment rates while Acquisition of Certain Items and
level peer review of applications for maintaining quality and access to care. Services,’’ to include a demonstration
grants-in-aid for research and research The MMA specifically requires that project for clinical laboratory services.
training activities, cooperative the demonstration: (1) Includes tests The statute requires the Secretary of
agreements, and research contract paid under the Medicare Part B Clinical Health and Human Services to conduct
proposals relating to the broad areas Laboratory Fee Schedule; (2) excludes a demonstration project on the
within the national centers. entities that have a ‘‘face-to-face application of competitive acquisition
For information, contact Dr. Tom encounter’’ with the patient; (3) for payment of clinical laboratory
Savel, Executive Secretary, Centers for excludes Pap smears and colorectal services that would otherwise be made
Disease Control and Prevention, of the cancer screening tests; and, (4) includes under Medicare Part B Clinical
Department of Health and Human requirements under the Clinical Laboratory Fee Schedule.
Services, 1600 Clifton Road, NE., Laboratory Improvement Amendments II. Provisions of the Notice
Mailstop E78, Atlanta, Georgia 30333, (CLIA) program. An initial Report to the
telephone 404/498–3081 or fax 404/ Congress was submitted April 2006. Under section 1847(e) of the Act, Pap
498–6570. The Director, Management Site(S): The fundamental criteria for smears and colorectal cancer screening
Analysis and Services Office, has been selecting demonstration sites require tests are excluded from this
delegated the authority to sign Federal that each Metropolitan Statistical Area demonstration. Requirements under
Register notices pertaining to (MSA) allows for potential Medicare CLIA as mandated in section 353 of the
announcements of meetings and other program savings from the Public Health Service Act apply. The
committee management activities, for demonstration, is administratively aggregate amounts to be paid to
both the CDC and the Agency for Toxic feasible, represents the laboratory contractors in a competitive acquisition
Substances and Disease Registry. market, and will yield demonstration area are expected to be less than the
results that can be generalized to other aggregate amounts that would otherwise
Dated: October 9, 2007. be paid under the laboratory fee
MSAs.
Elaine L. Baker, The first demonstration site will be schedule. The payment basis
Acting Director, Management Analysis and the San Diego-Carlsbad-San Marcos, determined for each competitive
Services Office, Centers for Disease Control California MSA. acquisition area will be substituted for
and Prevention (CDC).
A Bidders Conference is planned for payment under the existing Medicare
[FR Doc. E7–20475 Filed 10–16–07; 8:45 am] October 31, 2007 in the San Diego- Part B Clinical Laboratory Fee Schedule.
BILLING CODE 4163–18–P Carlsbad-San Marcos, California MSA. The demonstration period is 3 years for
The demonstration covers tests each demonstration site or ‘‘competitive
provided to beneficiaries enrolled in the bid area’’ (CBA). The competitively set
DEPARTMENT OF HEALTH AND traditional fee-for-service (FFS) demonstration fee schedule will be used
HUMAN SERVICES Medicare program who reside in the to pay for laboratory services in the CBA
area of the demonstration site or for the duration of the 3-year
Centers for Medicare & Medicaid
competitive bid area (CBA) during the 3 demonstration period. Multiple winners
Services
year demonstration period. Beneficiaries are expected in each CBA.
[CMS–5045–N] who travel outside the CBA during the Required bidders are defined as those
demonstration period and require organizations that will supply, or expect
Medicare Program: Medicare Clinical laboratory services will be able to access to supply, at least $100,000 annually in
Laboratory Services Competitive services from most laboratories in the demonstration tests to Medicare
Bidding Demonstration Project United States. We will not directly pay, beneficiaries residing in the CBA during
AGENCY: Centers for Medicare & however, for services furnished by a any year of the demonstration. Required
Medicaid Services (CMS), HHS. required bidder that did not bid or bid bidders that bid and win will be paid
and did not win or a non-required under one demonstration fee schedule
ACTION: Notice.
bidder that bid and did not win. (The for services provided to beneficiaries
SUMMARY: This notice announces the terms ‘‘required bidder’’ and ‘‘non- residing in the CBA for the duration of
first demonstration site for the Medicare required bidder’’ are explained in the demonstration.
Clinical Laboratory Services section II below.) Laboratories may not Non-required bidders are defined as
Competitive Bidding Demonstration bill beneficiaries for laboratory services laboratories that are not exempt from
project and the date for the Bidder’s covered under the Medicare program. the demonstration, but have the option
Conference. The Medicare Clinical FOR FURTHER INFORMATION CONTACT: of participating in the bidding process.
Laboratory Competitive Bidding Linda Lebovic at (410) 786–3402 or lab_ Non-required bidders that do not bid as
Demonstration was mandated by the bid _demo@cms. hhs.gov. Interested well as those that bid and win, will be
Congress. Section 302(b) of the parties can obtain information about the paid under the demonstration fee
sroberts on PROD1PC70 with NOTICES

Medicare Prescription Drug, demonstration project on the CMS Web schedule for the duration of the
Improvement, and Modernization Act of site at http://www.cms.hhs.gov/ Demo demonstration. These laboratories will
2003 (MMA) (Pub. L. 108–173) requires ProjectsEvalRpts/ downloads/2004_ be paid under the same fee schedule as
the Centers for Medicare & Medicaid Demonstration_ Competitive_ Bidding_ the winning required bidders. Non-
Services (CMS) to conduct a Clinical_ Laboratory_ Services.pdf. required bidders that choose to bid and

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