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Federal Register / Vol. 71, No.

212 / Thursday, November 2, 2006 / Notices 64525

III. Description of the Northern Tug Hill significant hazard to public health. In (‘‘Respondents’’). In its Complaint and
Glacial Aquifer, Sole Source Aquifer of many cases, those projects may also be Memorandum of Facts and Arguments,
the Jefferson, Lewis and Oswego analyzed in an Environmental Impact Transport Express, Inc., asserts that it is
Counties Area, Their Recharge Zone Statement (EIS) under the National a California corporation and a certified
and Their Streamflow Source Zone Environmental Policy Act (NEPA), 42 motor carrier under the laws of
The Northern Tug Hill Glacial Aquifer U.S.C. 4332(2)(c). All EISs, as well as California. Intermodal Motor Carriers
is delineated by the crescent shaped any other proposed Federal actions Conference asserts that it is an affiliated
glacial outwash and stratified drift affecting the U.S. Environmental conference of the American Trucking
deposits of sand and gravel along the Protection Agency program, are required Associations, Inc. (‘‘ATA’’), which is a
west and southwest flanks of the Tug by Federal law (under the ‘‘NEPA/309’’ non-profit trade organization for the
Hill Plateau, which covers process) to be reviewed and commented trucking industry. Complainants allege
approximately 21 miles from the Town upon by the EPA Administrator. that Respondent Sinotrans Container
In order to streamline the U.S. Lines is a vessel-owning ocean common
of Adams in Jefferson County south into
Environmental Protection Agency carrier and is affiliated with the U.S.
the Town in Richland in Oswego
reviews of the possible environmental based Respondent, Sinotrans Shipping
County, New York. The area in which
impacts on designated sole source Agency. Complainants contend that
Federal financially assisted projects will
aquifers, when an action is to be both they and Respondents are
be subject to review is the portion of the
analyzed in an EIS, the two reviews will participants in the Uniform Intermodal
Northern Tug Hill Glacial Aquifer in
be consolidated and both authorities Interchange and Facilities Access
Jefferson, Lewis and Oswego Counties
cited. The EPA review under Section Agreement (‘‘UIIA’’) which is
area, the recharge zone and the
1424(e) will be therefore included in the administered by the Intermodal
streamflow source zone.
EPA review of the EIS (under NEPA). Association of North America (‘‘IANA’’).
For purposes of this designation, the
Northern Tug Hill Glacial Aquifer is VI. Summary Complainants assert that Respondents
considered to include portions of eight terminated Complainant Transport
Today’s action affects the Northern Express’ UIIA motor carrier agreement
towns in Jefferson County (Adams, Tug Hill Glacial Aquifer system located
Champion, Ellisburg, Lorraine, Rodman, in retaliation for a dispute over whether
in Jefferson, Lewis and Oswego returned equipment had been damaged
Rutland, Watertown, and Worth), Counties, New York. Projects with
portions of towns in Lewis County by Transport Express and related
Federal financial assistance proposed invoiced charges. In addition,
(Denmark, Montague, and Pinckney), for portions within the Northern Tug
and portions of four towns in Oswego Complainants allege that Respondents
Hill Glacial Aquifer will be reviewed to took actions and made
County (Boylston, Redfield, Richland, ensure that their activities will not
and Sandy Creek). The recharge zone is misrepresentations that directly
endanger public health through interfered with Transport Express’
considered to be very permeable contamination of the aquifer. A public
portions of the aquifer within Jefferson, business relations with one of its
notice was published in the Watertown customers and another motor carrier
and Oswego Counties. The streamflow Daily News on Sunday, July 9, 2006,
source zone is that portion of the resulting in loss of business and damage
one comment was received which is to their reputation. Complainants
drainage basin composing the upstream considered in support of the designation
headwaters area or watershed area for contend that the actions of Respondents
of the Northern Tug Hill Glacial violate 10(b)(10) and 10(d)(1) of the
the losing streams that cross the Aquifer.
Northern Tug Hill Glacial Aquifer for Shipping Act of 1984 (‘‘The Act’’) (46
Jefferson, Lewis and Oswego Counties Dated: October 25, 2006. U.S.C. 41104.10 and 41102(c)) by
area. Alan J. Steinberg, unreasonably refusing to deal and not
Regional Administrator, Region II. observing just and reasonable practices.1
IV. Information Utilized in [FR Doc. E6–18487 Filed 11–1–06; 8:45 am] Complainant prays the Commission: (a)
Determination Find that Respondents violated
BILLING CODE 6560–50–P
The information utilized in this 10(b)(10) and 10(d)(1) of the Act; (b)
determination included the petition, direct Respondents to reinstate
various U.S. Geological Survey reports, Complainant’s interchange rights; (c)
FEDERAL MARITIME COMMISSION
information contained in the U.S. prohibit Respondents from terminating
[Docket No. 06–10] any agreement with any motor carrier in
Environmental Protection Agency files,
and written and verbal comments from response to an assertion by that carrier
Transport Express, Inc. and the of any right or defense the motor carrier
public. These materials are available to Intermodal Carriers Conference,
the public and may be inspected during may have as a party to the UIIA; (d)
American Trucking Associations v. award Complainants $2,102.00 in
normal business house at the U.S. Sinotrans Container Lines, Co., Ltd.
Environmental Protection Agency, damages, plus interest, plus attorneys
and Sinotrans Shipping Agency (NA), fees, plus any other sum the
Region II, Freshwater Protection Inc.; Notice and Procedural Schedule
Section, 290 Broadway, New York, New Commission deems appropriate, and
York 10007. Notice is given that a Complaint, that any further order or orders be made
Memorandum Facts and Arguments, as the Commission determines to be
V. Project Review and a Motion for Protective Order have proper.
Publication of this determination been filed with the Federal Maritime As indicated above the Complainants
requires that EPA review proposed Commission (‘‘Commission’’) by have also filed a Motion for Protective
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projects with Federal financial Transport Express, Inc. and the Order with respect to portions of
assistance in order to ensure that such Intermodal Motor Carriers Conference of
1 Citations to provision of the Shipping Act are as
projects do not have the potential to the American Trucking Associations
recodified into subtitle IV of U.S. Code Title 46, as
contaminate the Northern Tug Hill (‘‘Complainants’’), against Sinotrans enacted into positive law by Public Law 109–304
Glacial Aquifer through its aquifer and Container Lines, Co. Ltd. and Sinotrans (October 6, 2006). See Public Law 109–304, section
streamflow source areas as to create a Shipping Agency (NA), Inc., 18(c).

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64526 Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices

Exhibits X and Y to Complainants’ DEPARTMENT OF HEALTH AND these breakout sessions will be posted
Memorandum of Fact and Arguments.2 HUMAN SERVICES on the NCVHS Web site (URL below)
Respondents shall file their response to when available.
the Complainants’ Motion for Protective National Committee on Vital and Health Contact Person for More Information:
Order no later than November 13, 2006 Statistics: Meeting Substantive program information as
(See 46 CFR 502.74). Respondents shall well as summaries of meetings and a
Pursuant to the Federal Advisory roster of committee members may be
also advise whether they consent to this Committee Act, the Department of
Complaint being processed under the obtained from Marjorie S. Greenberg,
Health and Human Services (HHS) Executive Secretary, NCVHS, National
shortened procedures of Subpart K (See announces the following advisory Center for Health Statistics, Centers for
46 CFR 502.181–187). Should committee meeting. Disease Control and Prevention, 3311
Respondents consent to the shortened Name: National Committee on Vital Toledo Road, Room 2402, Hyattsville,
procedure, Respondents’ Answering and Health Statistics (NCVHS). Maryland 20782, telephone (301) 458–
Memorandum shall be served no later Time and Date: November 28, 2006, 9
4245. Information also is available on
than twenty-five (25) days after the a.m.–3:15 p.m. November 92, 2006, 9
the NCVHS home page of the HHS Web
Administrative Law Judge issues his a.m.–12 p.m.
site: http://www.ncvhs.hhs.gov/, where
ruling on Complainants’ Motion for Place: Hubert H. Humphrey Building,
further information including an agenda
Protective Order (See 46 CFR 502.183). 200 Independence Avenue SW., Room
will be posted when available.
Should Respondents not consent to the 505A, Washington, DC 20201. Should you require reasonable
shortened procedure, Respondent shall Status: Open.
accommodation, please contact the CDC
Purpose: At this meeting the
file an answer to the Complaint Office of Equal Employment
Committee will hear presentations and
pursuant to the Commission’s Rules of Opportunity on (301) 458–4EE0 (4336)
hold discussions on several health data
Practice and Procedure, within twenty as soon as possible.
policy topics. On the morning of the
(20) days of the Administrative Law first day the Committee will hear Dated: October 25, 2006.
Judge’s ruling on the Complainants’ updates and status reports from the James Scanlon,
Motion for Protective Order (See 46 CFR Department on various topics including Deputy Assistant Secretary for Planning and
502.64). activities of the HHS Data Council, and Evaluation (OSDP), Office of the Assistant
This proceeding has been assigned to updates on HIPAA implementation, Secretary for Planning and Evaluation.
the Office of the Administrative Law clinical data standards, the E- [FR Doc. 06–9019 Filed 11–1–06; 8:45 am]
Judges. Complainants have requested Prescribing Final Rule, and Privacy Rule BILLING CODE 4151–05–M

that their complaint be handled compliance. They will also work on


Pursuant to Subpart K—Shortened letters to the HHS Secretary on the
National Provider Identifier (NPI), and DEPARTMENT OF HEALTH AND
Procedure of the Commission’s Rules
applications of the Consolidated Health HUMAN SERVICES
(46 CFR 502.181–187). With the consent
of the parties and with the approval of Informatics Initiative (CHI) for disability
Agency for Healthcare Research and
the presiding officer, this proceeding information. In the afternoon the
Quality
may be conducted under the shortened Committee will discuss the 8th report to
Congress on HIPAA implementation Meeting of the National Advisory
procedure without oral hearing, except
and hear updates from Subcommittees. Council for Healthcare Research and
that a hearing may be ordered by the
A briefing on secondary uses of health Quality
presiding officer at the request of either
data by an industry group has also been
party to the proceeding or at the scheduled. AGENCY: Agency for Healthcare Research
presiding officer’s discretion. If On the morning of the second day the and Quality (AHRQ), HHS.
Respondents do not consent to this Committee will continue working on the ACTION: Notice of public meeting.
shortened procedure, the matter will be NPI and CHI letters. They will also be
governed by Subpart E of the SUMMARY: In accordance with section
briefed on the status of the Health
Commission’s Rules. Pursuant to the Information Security Privacy 10(a) of the Federal Advisory Committee
further terms of 46 CFR 502.61, the Collaboration, a project designed to Act, this notice announces a meeting of
initial decision of the presiding officer asses how organizational business the National Advisory Council for
in this proceeding shall be issued by policies, practices, and State laws Healthcare Research and Quality.
March 27, 2007, and the final decision regarding privacy and security affect DATES: The meeting will be held on
of the Commission shall be issued by health information exchanging on a Thursday November 2, from 4 p.m. to 6
June 22, 2007.3 national level. There will be an update p.m., and from Friday, November 3,
from the National Center for Health from 9 a.m. to 2 p.m., and is open to the
Bryant L. VanBrakle, Statistic’s Board of Scientific Counselors public. The Notice will not be published
Secretary. and a discussion on International 15 days prior to the meeting because it
[FR Doc. E6–18455 Filed 11–1–06; 8:45 am] Classifications and related activities. was regrettably delayed due to
BILLING CODE 6730–01–P Subcommittees will then have the administrative difficulties.
opportunity to provide additional ADDRESSES: The meeting will be held at
updates on their work and a short the Courtyard by Marriott, Gaithersburg
2 As required by the Commission’s Rules,
discussion of future agendas and the Washingtonian Center, 204 Boardwalk
Complainants also filed a ‘‘Public’’ redacted version meeting will adjourn. Place, Gaithersburg, Maryland.
mstockstill on PROD1PC61 with NOTICES

of the Memorandum of Facts and Arguments which


The times shown above are for the full FOR FURTHER INFORMATION CONTACT:
is being provided to the Respondents. The
Confidential version may be made available
Committee meeting. Subcommittee Deborah Queenan, Coordinator of the
pursuant to the Administrative Law Judges ruling breakout sessions are scheduled for late Advisory Council, at the Agency for
on the Motion for Protective Order. in the afternoon of the first day and in Healthcare Research and Quality, 540
3 Should this proceeding not be conducted the morning prior to the full Committee Gaither Road, Rockville, Maryland,
pursuant to Subpart K, these dates will be adjusted. meeting on the second day. Agendas for 20850, (301) 427–1330. For press-related

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