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9128 Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices



and/or operational parameters of each Federal Communications Commission. holding company by acquiring 100

system. The Commission is seeking Marlene H. Dortch, percent of the voting shares of American

information on non-subscriber locations Secretary. Founders Bank, Inc., Frankfort,

and operating characteristics of BRS [FR Doc. E6–2486 Filed 2–21–06; 8:45 am] Kentucky. American Founders Bancorp,

receivers and other system BILLING CODE 6712–01–P Inc., also proposes to acquire 100

characteristics of BRS incumbents percent of the voting shares of First

(including operations by lessees) not Security Bancorp, Inc., Lexington,

currently collected on FCC Form 601 for FEDERAL RESERVE SYSTEM Kentucky, and thereby indirectly

this service. The Commission does not acquire First Security Bank of

plan on incorporating this reporting Formations of, Acquisitions by, and Lexington, Inc., Lexington, Kentucky.

Mergers of Bank Holding Companies In connection with this application,

requirement into the FCC Form 601

Applicant also has applied to acquire 50

because it is a one-time collection. The companies listed in this notice percent of the voting shares of Peoples

Respondents would submit the have applied to the Board for approval, Secure, LLC, Lexington, Kentucky, and

information as a separate attachment to pursuant to the Bank Holding Company thereby indirectly engage in data

their FCC 601 application. Act of 1956 (12 U.S.C. 1841 et seq.) processing activities, pursuant to

This one-time collection is necessary (BHC Act), Regulation Y (12 CFR part section 225.28(b)(14)(i) of Regulation Y.

because BRS Channels 1 and/or 2/2A 225), and all other applicable statutes C. Federal Reserve Bank of

are currently licensed at 2150–2150/62 and regulations to become a bank Minneapolis (Jacqueline G. King,

MHz, which the Commission has holding company and/or to acquire the Community Affairs Officer) 90

designated for Advanced Wireless assets or the ownership of, control of, or Hennepin Avenue, Minneapolis,

Services (AWS). The Commission also the power to vote shares of a bank or Minnesota 55480-0291:

has announced that it intends to auction bank holding company and all of the 1. Westbrand, Inc., Minot, North

banks and nonbanking companies Dakota; to acquire 100 percent of the

AWS licenses for 2150–2155 MHz,

owned by the bank holding company, voting shares of First Western Bank,

among other bands, as early as June

including the companies listed below. Eden Prairie, Minnesota, a de novo

2006. Future AWS licensees will be The applications listed below, as well

obligated to relocate incumbent BRS bank.

as other related filings required by the D. Federal Reserve Bank of Kansas

operations in the 2150–2160/62 MHz Board, are available for immediate City (Donna J. Ward, Assistant Vice

band to comparable facilities, most inspection at the Federal Reserve Bank President) 925 Grand Avenue, Kansas

likely within the newly restructured 2.5 indicated. The application also will be City, Missouri 64198-0001:

GHz band. The Commission is currently available for inspection at the offices of 1. KansasLand Bancshares, Inc.,

reviewing comments filed in response to the Board of Governors. Interested Quinter, Kansas; to become a bank

the Fifth Notice and considering the persons may express their views in holding company by acquiring 87

details of this relocation process in ET writing on the standards enumerated in percent of the voting shares of Flint

Docket No. 00–258 (FCC 05–172). the BHC Act (12 U.S.C. 1842(c)). If the Hills Financial Services Corporation,

However, in the Order, the Commission proposal also involves the acquisition of and thereby indirectly acquire Americus

concluded that reliable, public data on a nonbanking company, the review also State Bank (to be known as KansasLand

each incumbent BRS system that will be includes whether the acquisition of the Bank), both of Americus, Kansas.

subject to relocation is essential well in nonbanking company complies with the

Board of Governors of the Federal Reserve

advance of this planned spectrum standards in section 4 of the BHC Act System, February 16, 2006.

auction and that neither the (12 U.S.C. 1843). Unless otherwise

Robert deV. Frierson,

Commission nor the public has reliable, noted, nonbanking activities will be

Deputy Secretary of the Board.

up-to-date information on the conducted throughout the United States.

Additional information on all bank [FR Doc. E6–2458 Filed 2–21–06; 8:45 am]

construction status and/or operational BILLING CODE 6210–01–S

parameters of these BRS systems. holding companies may be obtained

Accordingly, the Commission ordered from the National Information Center

Web site at www.ffiec.gov/nic/.

licensees of BRS Channels 1 and/or 2/ Unless otherwise noted, comments FEDERAL TRADE COMMISSION

2A to submit information, listed in the regarding each of these applications

Order, after the staff issued Public must be received at the Reserve Bank Agency Information Collection

Notice(s) setting forth the specific data indicated or the offices of the Board of Activities; Proposed Collection;

required, deadlines, and the procedures Governors not later than March 17, Comment Request; Extension

for filing this information electronically 2006. AGENCY: Federal Trade Commission

on the Commission’s Universal A. Federal Reserve Bank of Atlanta (‘‘FTC’’ or ‘‘Commission’’).

Licensing System (ULS), where it will (Andre Anderson, Vice President) 1000

ACTION: Notice.

be available to the public. To assist in Peachtree Street, N.E., Atlanta, Georgia

determining the scope of the new AWS 30303: SUMMARY: The FTC has submitted to the

entrants’ relocation obligations, the 1. Security Bank Corporation, Macon, Office of Management and Budget

Commission ordered BRS licensees in Georgia; to merge with Neighbors (‘‘OMB’’) for review under the

the 2150–2160/62 MHz band to provide Bancshares, Inc., and thereby indirectly Paperwork Reduction Act, 44 U.S.C.

the required data within 60 days and acquire Neighbors Bank, both of 3501–3520 (‘‘PRA’’) information

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120 days of the effective date of its Alpharetta, Georgia. collection requirements contained in its

Order, noting that these dates would B. Federal Reserve Bank of St. Louis proposed revision of the Pay-Per-Call

correspond to OMB approval of the (Glenda Wilson, Community Affairs Rule (‘‘Rule’’).1 The FTC is seeking

Officer) 411 Locust Street, St. Louis,

information collection, i.e., PRA

Missouri 63166-2034: 1 The FTC is seeking an extension of approval for

requirements for the ULS. 1. American Founders Bancorp, Inc., the Rule’s existing requirements and for the

Frankfort, Kentucky; to become a bank proposed amendments in advance of their adoption.







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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices 9129



public comments on the proposal to policy at http://www.ftc.gov/ftc/ OMB. The Commission received no

extend through December 31, 2009 the privacy.htm. comments directly responding to the

current PRA clearance. That clearance FOR FURTHER INFORMATION CONTACT: Commission’s specific PRA questions.

expires on February 28, 2006. Requests for additional information or However, the Commission received one

DATES: Comments must be submitted on copies of the proposed information comment, from US West, Inc., stating

or before March 24, 2006. requirements should be sent to that its current cost for making an

Elizabeth Hone, Attorney, Division of annual disclosure of dispute resolution

ADDRESSES: Interested parties are procedures under the Rule was $53,000

invited to submit written comments. Marketing Practices, Bureau of

Consumer Protection, FTC, 600 and that this annual cost would increase

Comments should refer to ‘‘Pay-Per-Call to $819,000 if the disclosures were

Rule: FTC File No. R611016’’ to Pennsylvania Avenue, NW.,

Washington, DC 20580, (202) 326–3207. required with every billing cycle under

facilitate the organization of comments. a proposed amendment to

A comment filed in paper form should SUPPLEMENTARY INFORMATION: On

§ 308.20(m)(1). The FTC staff is

include this reference both in the text October 30, 1998, the Commission considering this comment and others

and on the envelope and should be published a Notice of Proposed (available on the FTC’s Web site,

mailed or delivered, with two complete Rulemaking (‘‘NPRM’’), 63 FR 58524, to http:

copies, to the following address: Federal amend its Pay-Per-Call Rule 16 CFR part //www.ftc.gov) in determining whether

Trade Commission, Room H 135 (Annex 308.3 The Rule, which implements to recommend the adoption of some or

J), 600 Pennsylvania Ave., NW., Titles II and III of the Telephone all of the proposed amendments.

Washington, DC 20580. Because paper Disclosure and Dispute Resolution Act, Pursuant to the OMB regulations that

mail in the Washington area and at the 15 U.S.C. 5711–14, 5721–24, requires implement the PRA (5 CFR Part 1320),

Commission is subject to delay, please the disclosure of cost and other the FTC is providing this opportunity

consider submitting your comments in information with regard to pay-per-call for public comment while seeking OMB

electronic form, (in ASCII format, services and establishes dispute approval to extend the existing

WordPerfect, or Microsoft Word) as part resolution procedures for telephone- paperwork clearance for the Rule. All

of or as an attachment to e-mail billed purchases (i.e., charges for pay- comments should be filed as prescribed

messages directed to the following e- per-call services or other charges in the ADDRESSES section above, and

mail box: paperworkcomment@ftc.gov. appearing on a telephone bill other than must be received on or before March 24,

However, if the comment contains any telecommunications charges). As 2006.

material for which confidential explained in the NPRM, the Rule Brief description of the need for and

treatment is requested, it must be filed contains certain reporting and proposed use of the information: The

in paper form, and the first page of the disclosure requirements that are subject reporting and disclosure requirements

document must be clearly labeled to OMB review under the PRA.4 are mandated by statute to help prevent

‘‘Confidential.’’ 2 Accordingly, the FTC submitted the unfair and deceptive acts and practices

All comments should additionally be Rule with proposed amendments to in the advertising and operation of pay-

submitted to: Office of Management and OMB (see 64 FR 70031, Dec. 15, 1999) per-call services and in the collection of

Budget, Attention: Desk Officer for the for its approval, which was granted charges for telephone-billed purchases.

Federal Trade Commission. Comments until December 31, 2002 (OMB control The information obtained by the

should be submitted via facsimile to number 3084–0102). Upon expiration of Commission pursuant to the reporting

(202) 395–6974 because U.S. Postal Mail OMB’s approval, the FTC again requirement is used for law enforcement

is subject to lengthy delays due to submitted these information collection purposes. The disclosure requirements

heightened security precautions. requirements for an extension of the ensure that consumers are adequately

clearance (see 67 FR 77066, Dec. 16, informed of the costs they can expect to

The FTC Act and other laws the

2002), including the proposed revisions incur in using a pay-per-call service,

Commission administers permit the

of these requirements, which was that they will not be liable for

collection of public comments to

granted through February 28, 2006. At unauthorized non-toll charges on their

consider and use in this proceeding as

this time, because the Commission has telephone bills, and that they have

appropriate. All timely and responsive

not yet adopted the proposed rule certain dispute resolution rights and

public comments will be considered by

changes, the FTC is requesting an obligations with respect to such

the Commission and will be available to

extension of the clearance for the Rule telephone-billed purchases.

the public on the FTC Web site, to the Likely respondents, including

and the proposed rule changes through

extent practicable, at http://www.ftc.gov. estimated number and proposed

February 28, 2009.

As a matter of discretion, the FTC makes frequency of response: Respondents are:

As required by the PRA, the

every effort to remove home contact telecommunications common carriers

Commission’s NPRM, 63 FR at 58556–

information for individuals from the (subject to the reporting requirement

57, invited public comment on the

public comments it receives before only, unless acting as a billing entity);

Rule’s information collection

placing those comments on the FTC information providers (vendors) offering

requirements and proposed

Web site. More information, including one or more pay-per-call services or

amendments prior to submission to

routine uses permitted by the Privacy programs; and billing entities. In its

Act, may be found in the FTC’s privacy 3 The Rule was originally promulgated as the submission in 2002, the FTC staff

‘‘Trade Regulation Rule Pursuant to the Telephone estimated that it would request

2 Commission Rule 4.2(d), 16 CFR 4.2(d). The Disclosure and Dispute Resolution Act of 1992’’ and information pursuant to the reporting

comment must be accompanied by an explicit was known as the ‘‘900–Number Rule.’’ In its

requirement from no more than

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request for confidential treatment, including the NPRM, the Commission refers to the Rule as the

factual and legal basis for the request, and must ‘‘Trade Regulation Rule Concerning Pay-Per-Call approximately 29 common carriers per

identify the specific portions of the comment to be Services and Other Telephone-Billed Purchases’’ year, and that the disclosure

withheld from the public record. The request will and in this document it will be referred to as the requirements would apply to 23,250

be granted or denied by the Commission’s General ‘‘Pay-Per-Call Rule.’’

Counsel, consistent with applicable law and the 4 Neither the Rule nor the proposed amendments information vendors and 1646 billing

public interest. See Commission Rule 4.9(c), 16 CFR contain any recordkeeping requirements that would entities. See 67 FR 77,066–68 (Dec. 16,

4.9(c). be subject to the PRA. 2002). In the present submission, the





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9130 Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices



FTC staff is decreasing its burden burden estimates provided below $1,486,008 using the $72/hour blended

estimates to account for changes in the (where such expenses are labor-related), wage rate discussed above. The first of

industry since 2002.5 or are otherwise included in the these amendments, requiring

Estimated annual reporting and ordinary cost of doing business (where disclosures when a call is billed on a

disclosure burden: The total estimated the expenses are other than labor- variable time rate basis, assumes that 20

annual hours burden of the information related). percent of the estimated 45,864

collection requirements of the Rule, Reporting requirement: The Rule advertised pay-per-call services would

including the proposed amendments, is provides that common carriers must need to contain such a disclosure,

4,401,000 (rounded to the nearest make available to the Commission, upon thereby accounting for 9,173 burden

thousand). This burden consists entirely written request, any records and hours at an annual cost of $660,456. The

of reporting and disclosure financial information maintained by burden associated with the second

requirements; as explained earlier (n. 4), such carrier relating to the arrangements amendment, requiring an audio signal to

there are no recordkeeping between the carrier and any vendor or indicate (i.e., disclose) the end of free

requirements. As detailed below, the service bureau. See proposed time used to advertise certain pay-per-

burden hour estimate for each reporting § 308.19(a); current § 308.6. FTC staff is call services, is estimated at 11,466

and disclosure requirement has been reducing the estimated annual cost of burden hours, assuming this

multiplied by a ‘‘blended’’ wage rate this requirement by more than half requirement applies to 25 percent of

(expressed in dollars per hour), based because of the infrequency with which advertised pay-per-call services, or an

on the particular skill mix needed to the Commission has sought the subject annual cost of $825,552.

carry out that requirement, to determine information from common carriers and (2) Preamble. The Rule’s existing

the total annual cost of that because of a decrease in the use of pay- preamble disclosure requirement, set

requirement. The blended rate per-call services. Accordingly, the forth in § 308.9, imposes an estimated

calculations are based on the following previous estimated hours burden for burden of 10 hours annually per service,

skill categories and average wage rates: this reporting requirement (i.e., to for an annual burden of 458,640 burden

$250/hour for professional (attorney) provide certain information to the hours based on 45,864 advertised pay-

services; $20/hour for skilled clerical Commission upon request), 147 hours per-call services. The cost associated

workers; $25/hour for computer annually (based on 29 common carriers with these burden hours is $33,022,080,

programmers; and $50/hour for each spending 5 hours annually), is using a blended wage rate of $72/hour

management time. Annual burden hour being reduced to 70 hours annually (i.e., similar to the blended rate used for

estimates (and the estimated total cost of (based on 14 common carriers each advertising disclosures). As explained

those hours) have been provided below. spending 5 hours annually), at a in the NPRM, the estimated burden of

The burden estimates do not contain blended wage rate of $73.50/hour (30 a proposed amendment requiring

a separate set of figures for other annual percent computer programming, 20 additional disclosures,

‘‘cost’’ burdens, if any—i.e., (a) capital percent attorney services, 30 percent § 308.9(a)(2)(iii)(B), is one additional

and start-up costs or (b) operation, skilled clerical workers, 20 percent for hour for approximately 30 percent of the

maintenance and purchase of outside management time) for a total annual advertised pay-per-call services, or an

services not already reflected in the cost of $5,145. estimated 13,759 burden hours at $72/

above burden hour estimates and Disclosure requirements: (1) hour, for a total annual cost of $990,648.

associated annual costs. Capital or start- Advertising. The advertising disclosure (3) Telephone-billed charges in billing

up costs are generally subsumed in requirements of the current Rule would statements. This requirement is

activities otherwise undertaken in the be consolidated into §§ 308.3, 308.4 and currently set forth in § 308.5(j) of the

ordinary course of business (e.g., 308.7 of the Rule, as amended. FTC staff Rule, which the Commission has

business records from which only estimates that the annual burden on the proposed to redesignate and incorporate

existing information must be reported to industry for these requirements is into § 308.18, as amended. The blended

the Commission, pay-per-call 84,084 hours. Due to a recent reduction rate used to calculate the cost of these

advertisements or audiotexts to which in the use of pay-per-call services, this disclosures is $61.75/hour (15 percent

cost or other disclosures are added, figure reflects a 35% reduction from the attorney services, 40 percent skilled

etc.). To the extent that entities incur staff’s 2002 estimate of 129,360 burden clerical workers, 25 percent computer

operating or maintenance expenses, or hours. The estimate reflects the burden programming, and 20 percent for

purchase outside services to satisfy the on approximately 15,571 vendors who management time). The estimated

Rule’s requirements, staff believe those must make additional disclosures if the annual burden of this disclosure

expenses are also included in (or, if advertisement is directed to individuals requirement is 23,990 hours (i.e., 10

contracted out, would be comparable to) under 18 (50 percent of the ads) or percent of 19,992 vendors making spot

the burden hours and estimated annual relates to certain pay-per-call services checks at 12 hours per spot check), with

(30 percent of the ads). The total an annual cost of $1,481,382.50. As

5 Since 2002, the number of registered 900

estimated annual cost of these burden explained in the NPRM, no additional

numbers has decreased by approximately 35%.

hours is $6,054,048 using a blended burden is anticipated from any

Accordingly, the FTC staff reduced its estimate of proposed amendments of this

the number of affected information vendors by wage rate of $72/hour (20 percent

35%. The staff reduced its estimate of the number attorney services, 60 percent skilled requirement.

of affected billing entities by only 15%, however, (4) Dispute resolution procedures in

clerical workers, and 20 percent for

because (1) billing statement disclosures are used billing statements. This disclosure

for all telephone-billed purchases and not management time).

Two proposed amendments, requirement is currently set forth in

exclusively pay-per-call services and (2) because of

§ 308.7(c), to be redesignated § 308.20,

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a recent increase in the direct billing of such §§ 308.4(a)(1)(iii)(B) and 308.6(b),6

services. The staff reduced its estimate of affected as amended. The blended rate being

would add 20,639 annual burden hours

common carriers by more than half because of the used for these disclosures is $51/hour

35% decrease in pay-per-call services as well as the to the total, or a total annual cost of

(40 percent computer programming, 10

infrequency with which the FTC has sought the

subject information from common carriers in the 6 The PRA discussion in the NPRM erroneously percent attorney services, 30 percent

past. The FTC seeks public comment or data on referred to this provision as ‘‘308.7(b).’’ See 63 FR skilled clerical workers, and 20 percent

these estimates. at 58556. for management time). The estimated





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Federal Register / Vol. 71, No. 35 / Wednesday, February 22, 2006 / Notices 9131



hour burden for the annual notice be collected; and (4) the use of DEPARTMENT OF HEALTH AND

component of this requirement is 7,000 automated collection techniques or HUMAN SERVICES

burden hours (based on 1,400 billing other forms of information technology to

entities taking 5 hours to review, revise minimize the information collection Office of the Secretary

and provide disclosures annually), or a burden. [Document Identifier: OS–0990–0130] [60-

total cost of $357,000. An additional day notice]

Type of Information Collection

2,499,000 burden hours would be

Request: Regular Clearance, Extension

associated with specific notices in those Agency Information Collection

cases where a customer reports a billing of a currently approved collection;

Activities: Proposed Collection;

error (i.e., 5 percent of approximately Title of Information Collection: HHS Comment Request

49,980,000 calls), or $127,449,000 Acquisition Regulation HHSAR Part

annually. The additional burden hours 370, Special Programs Affecting AGENCY: Office of the Secretary, HHS.

for proposed amendments to § 308.2(i) Acquisition In compliance with the requirement

and (j), requiring new disclosures of of section 3506(c)(2)(A) of the

Form/OMB No.: OS–0990–0129; Paperwork Reduction Act of 1995, the

certain information regarding personal

identification numbers issued to Use: This request for clearance covers Office of the Secretary (OS), Department

customers for access and billing the requirement of the Accessibility of of Health and Human Services, is

purposes, have been estimated at 44,625 Meetings, Conferences, and Seminars to publishing the following summary of a

hours or an annual cost of $2,275,875 Persons with Disabilities clause. It is the proposed collection for public

(44,625 audiotext services spending one policy at the Health and Human comment. Interested persons are invited

burden hour each). The additional Services, as a result of a Secretarial to send comments regarding this burden

burden hours for proposed amendments initiative, that all meetings, conferences, estimate or any other aspect of this

to require certain new disclosures in and seminar sites be accessible to collection of information, including any

connection with billing dispute individuals with disabilities. of the following subjects: (1) The

resolution, § 308.20(n)(2) and necessity and utility of the proposed

Frequency: Recordkeeping, Reporting, information collection for the proper

§ 308.20(n)(4), would entail 1,249,500 on occasion;

hours for an annual cost of $63,724,500 performance of the agency’s functions;

(5 percent of approximately 49,980,000 Affected Public: Business or other for- (2) the accuracy of the estimated

calls require responses to billing errors; profit, not-for-profit institutions, and burden; (3) ways to enhance the quality,

30 minutes of time per call required to Federal government; utility, and clarity of the information to

comply with both disclosure be collected; and (4) the use of

Annual Number of Respondents:

requirements). automated collection techniques or

1,242.

other forms of information technology to

William Blumenthal, Total Annual Responses: 1,420; minimize the information collection

General Counsel. Average Burden per Response: 2 burden.

[FR Doc. 06–1649 Filed 2–21–06; 8:45 am] hours; Type of Information Collection

BILLING CODE 6750–01–P Request: Regular Clearance, Extension

Total Annual Hours: 10,556; of a currently approved collection;

To obtain copies of the supporting Title of Information Collection: HHS

DEPARTMENT OF HEALTH AND statement and any related forms for the Acquisition Regulation HHSAR Part

HUMAN SERVICES proposed paperwork collections 352, Solicitation Provisions and

referenced above, access the HHS Web Contract Clauses

Office of the Secretary site address at http://www.hhs.gov/ocio/ Form/OMB No.: OS–0990–0130;

infocollect/pending/ or e-mail your Use: This request for clearance covers

[Document Identifier: OS–0990–0129] [30- the Key Personnel clause in HHSAR

day notice] request, including your address, phone

number, OMB number, and OS 352.270–5. This clause requires

Agency Information Collection document identifier, to contractors to obtain approval before

Activities: Proposed Collection; naomi.cook@hhs.gov, or call the Reports substituting key personnel which are

Comment Request Clearance Office on (202) 690–6162. specified in the contract.

Frequency: Reporting, on occasion;

AGENCY: Office of the Secretary, HHS. Written comments and

Affected Public: Business or other for-

In compliance with the requirement recommendations for the proposed

profit, not-for-profit institutions, and

of section 3506(c)(2)(A) of the information collections must be Federal government;

Paperwork Reduction Act of 1995, the received within 30 days of this notice Annual Number of Respondents:

Office of the Secretary (OS), Department directly to the Desk Officer at the 1,921.

of Health and Human Services, is address below: OMB Desk Officer: John Total Annual Responses: 1,921;

publishing the following summary of a Kraemer, OMB Human Resources and Average Burden per Response: 8

proposed collection for public Housing Branch, Attention: (OMB 0990– hours;

comment. Interested persons are invited 0129), New Executive Office Building, Total Annual Hours: 3,842;

to send comments regarding this burden Room 10235, Washington, DC 20503. To obtain copies of the supporting

estimate or any other aspect of this Dated: February 10, 2006. statement and any related forms for the

collection of information, including any proposed paperwork collections

Robert E. Polson,

of the following subjects: (1) The referenced above, access the HHS Web

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necessity and utility of the proposed Office of the Secretary, Paperwork Reduction site address at http://www.hhs.gov/ocio/

information collection for the proper Act Reports Clearance Officer. infocollect/pending/ or e-mail your

performance of the agency’s functions; [FR Doc. E6–2462 Filed 2–21–06; 8:45 am] request, including your address, phone

(2) the accuracy of the estimated BILLING CODE 4151–17–P number, OMB number, and OS

burden; (3) ways to enhance the quality, document identifier, to

utility, and clarity of the information to naomi.cook@hhs.gov, or call the Reports





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