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40122 Federal Register / Vol. 71, No.

135 / Friday, July 14, 2006 / Notices

Board of Governors of the Federal Reserve President) 925 Grand Avenue, Kansas of World Savings Bank, FSB (Texas),
System, July 10, 2006. City, Missouri 64198-0001: Houston, Texas, and engage in operating
Robert deV. Frierson, 1. Ameri–National Corporation, a savings association; Atlas Advisors,
Deputy Secretary of the Board. Leawood, Kansas; to acquire 100 Inc., San Leandro, California, and
[FR Doc. E6–11069 Filed 7–13–06; 8:45 am] percent of the voting shares of Heritage engage in investment advisory activities;
BILLING CODE 6210–01–S Bank, National Association, Phoenix, Atlas Securities, Inc., San Leandro,
Arizona, a de novo bank. California, and engage in securities
Board of Governors of the Federal Reserve brokerage services; and World Mortgage
FEDERAL RESERVE SYSTEM System, July 11, 2006. Investors, Inc., Rockville, Maryland, and
Robert deV. Frierson, engage in extending credit and servicing
Formations of, Acquisitions by, and Deputy Secretary of the Board. loans, all pursuant to sections
Mergers of Bank Holding Companies 225.28(b)(1), (b)(4)(ii); (b)(6)(i); and
[FR Doc. E6–11162 Filed 7–13–06; 8:45 am]
(b)(7)(i) of Regulation Y, respectively.
The companies listed in this notice BILLING CODE 6210–01–S
have applied to the Board for approval, Board of Governors of the Federal Reserve
pursuant to the Bank Holding Company System, July 11, 2006.
Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM Robert deV. Frierson,
(BHC Act), Regulation Y (12 CFR Part Deputy Secretary of the Board.
Notice of Proposals to Engage in
225), and all other applicable statutes Permissible Nonbanking Activities or
[FR Doc. E6–11163 Filed 7–13–06; 8:45 am]
and regulations to become a bank to Acquire Companies that are BILLING CODE 6210–01–S
holding company and/or to acquire the Engaged in Permissible Nonbanking
assets or the ownership of, control of, or Activities
the power to vote shares of a bank or FEDERAL TRADE COMMISSION
bank holding company and all of the The companies listed in this notice
banks and nonbanking companies have given notice under section 4 of the [File No. 051 0263]
owned by the bank holding company, Bank Holding Company Act (12 U.S.C.
Hologic, Inc.; Analysis of Agreement
including the companies listed below. 1843) (BHC Act) and Regulation Y (12
Containing Consent Order To Aid
The applications listed below, as well CFR Part 225) to engage de novo, or to
Public Comment
as other related filings required by the acquire or control voting securities or
Board, are available for immediate assets of a company, including the AGENCY: Federal Trade Commission.
inspection at the Federal Reserve Bank companies listed below, that engages ACTION: Proposed Consent Agreement.
indicated. The application also will be either directly or through a subsidiary or
available for inspection at the offices of other company, in a nonbanking activity SUMMARY: The consent agreement in this
the Board of Governors. Interested that is listed in § 225.28 of Regulation Y matter settles alleged violations of
persons may express their views in (12 CFR 225.28) or that the Board has Federal law prohibiting unfair or
writing on the standards enumerated in determined by Order to be closely deceptive acts or practices or unfair
the BHC Act (12 U.S.C. 1842(c)). If the related to banking and permissible for methods of competition. The attached
proposal also involves the acquisition of bank holding companies. Unless Analysis to Aid Public Comment
a nonbanking company, the review also otherwise noted, these activities will be describes both the allegations in the
includes whether the acquisition of the conducted throughout the United States. draft complaint and the terms of the
nonbanking company complies with the Each notice is available for inspection consent order—embodied in the consent
standards in section 4 of the BHC Act at the Federal Reserve Bank indicated. agreement—that would settle these
(12 U.S.C. 1843). Unless otherwise The notice also will be available for allegations.
noted, nonbanking activities will be inspection at the offices of the Board of
DATES: Comments must be received on
conducted throughout the United States. Governors. Interested persons may
or before August 5, 2006.
Additional information on all bank express their views in writing on the
question whether the proposal complies ADDRESSES: Interested parties are
holding companies may be obtained invited to submit written comments.
from the National Information Center with the standards of section 4 of the
BHC Act. Additional information on all Comments should refer to ‘‘Hologic,
website at www.ffiec.gov/nic/. Inc., File No. 051 0263,’’ to facilitate the
Unless otherwise noted, comments bank holding companies may be
obtained from the National Information organization of comments. A comment
regarding each of these applications filed in paper form should include this
must be received at the Reserve Bank Center website at www.ffiec.gov/nic/.
Unless otherwise noted, comments reference both in the text and on the
indicated or the offices of the Board of envelope, and should be mailed or
regarding the applications must be
Governors not later than August 11, delivered to the following address:
received at the Reserve Bank indicated
2006. Federal Trade Commission/Office of the
or the offices of the Board of Governors
A. Federal Reserve Bank of St. Louis not later than August 11, 2006. Secretary, Room 135–H, 600
(Glenda Wilson, Community Affairs A. Federal Reserve Bank of Pennsylvania Avenue, NW.,
Officer) 411 Locust Street, St. Louis, Richmond (A. Linwood Gill, III, Vice Washington, DC 20580. Comments
Missouri 63166-2034: President) 701 East Byrd Street, containing confidential material must be
1. First Banks, Inc., Hazelwood, Richmond, Virginia 23261-4528: filed in paper form, must be clearly
Missouri, and The San Francisco 1. Wachovia Corporation, Charlotte, labeled ‘‘Confidential,’’ and must
Company, San Francisco, California; to North Carolina; to acquire 100 percent comply with Commission Rule 4.9(c).
acquire 100 percent of the voting shares of the voting shares of Golden West 16 CFR 4.9(c) (2005).1 The FTC is
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of TeamCo, Inc., Oak Lawn, Illinois, and Financial Corporation, Oakland,


thereby indirectly acquire Oak Lawn California, and thereby indirectly 1 The comment must be accompanied by an

Bank, Oak Lawn, Illinois. explicit request for confidential treatment,


acquire voting shares of World Savings including the factual and legal basis for the request,
B. Federal Reserve Bank of Kansas Bank, FSB, Oakland, California, and and must identify the specific portions of the
City (Donna J. Ward, Assistant Vice thereby indirectly acquire voting shares comment to be withheld from the public record.

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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices 40123

requesting that any comment filed in paper or electronic form. All comments II. The Parties
paper form be sent by courier or should be filed as prescribed in the Hologic is a developer, manufacturer,
overnight service, if possible, because ADDRESSES section above, and must be
and marketer of diagnostic and imaging
U.S. postal mail in the Washington area received on or before the date specified medical devices. Its chief product areas
and at the Commission is subject to in the DATES section. are mammography equipment, breast
delay due to heightened security biopsy systems (including the MultiCare
precautions. Comments that do not Analysis of Agreement Containing
Consent Order To Aid Public Comment Platinum prone SBBS), and bone
contain any nonpublic information may densitometry equipment. In 2005,
instead be filed in electronic form as I. Introduction Hologic reported worldwide revenues of
part of or as an attachment to email
The Federal Trade Commission approximately $288 million.
messages directed to the following e-
(‘‘Commission’’) has accepted, subject to Prior to the Acquisition, Fischer was
mail box: consentagreement@ftc.gov.
final approval, an Agreement actively involved in developing,
The FTC Act and other laws the
Commission administers permit the Containing Consent Order (‘‘Consent manufacturing, and marketing
collection of public comments to Agreement’’) from Hologic, Inc. equipment used in the screening and
consider and use in this proceeding as (‘‘Hologic’’). The purpose of the diagnosis of breast cancer. The
appropriate. All timely and responsive proposed Consent Agreement is to company’s chief products were its
public comments, whether filed in remedy the competitive harm resulting SenoScan digital mammography system
paper or electronic form, will be from Hologic’s consummated and its MammoTest prone SBBS. In
considered by the Commission, and will acquisition of certain assets of Fischer 2004, Fischer reported revenues of
be available to the public on the FTC Imaging Corporation (‘‘Fischer’’). Under approximately $64 million. For the first
Web site, to the extent practicable, at the terms of the proposed Consent nine months of 2005, prior to the
http://www.ftc.gov. As a matter of Agreement, Hologic is required to divest Acquisition, Fischer reported revenues
discretion, the FTC makes every effort to to Siemens AG (‘‘Siemens’’) all assets it of $39 million.
remove home contact information for acquired from Fischer relating to III. Prone SBBSs
individuals from the public comments it Fischer’s prone stereotactic breast
biopsy system (‘‘prone SBBS’’) business. A prone SBBS is an integrated system
receives before placing those comments
that allows a physician to conduct a
on the FTC Web site. More information, The proposed Consent Agreement has highly precise, minimally-invasive
including routine uses permitted by the been placed on the public record for breast biopsy using x-ray guidance.
Privacy Act, may be found in the FTC’s thirty days to solicit comments from During the procedure, the patient lies
privacy policy, at http://www.ftc.gov/ interested persons. Comments received prone on a table with her breast
ftc/privacy.htm. during this period will become part of suspended through an aperture in the
FOR FURTHER INFORMATION CONTACT: the public record. After thirty days, the table. With the patient’s breast
Jeffrey H. Perry, Bureau of Competition, Commission will again review the compressed, the physician utilizes the
600 Pennsylvania Avenue, NW., proposed Consent Agreement and the system’s x-ray imaging to guide a needle
Washington, DC 20580, (202) 326–2331. comments received, and will decide to the precise location of the suspected
SUPPLEMENTARY INFORMATION: Pursuant whether it should withdraw the lesion and extracts small tissue samples
to section 6(f) of the Federal Trade proposed Consent Agreement or make it for diagnosis. The entire procedure is
Commission Act, 38 Stat. 721, 15 U.S.C. final. conducted beneath the table and is
46(f), and § 2.34 of the Commission On September 29, 2005, Hologic paid obscured from the patient’s view.
Rules of Practice, 16 CFR 2.34, notice is $32 million to acquire substantially all There are several other methods of
hereby given that the above-captioned of Fischer’s intellectual property and performing breast biopsies, including
consent agreement containing a consent certain other assets relating to its open surgical biopsies and other types
order to cease and desist, having been mammography and breast biopsy of minimally-invasive systems. None of
filed with and accepted, subject to final businesses, including the patents, these other methods, however, are
approval, by the Commission, has been trademarks, customer lists, and vendor viable economic substitutes for prone
placed on the public record for a period lists relating to Fischer’s prone SBBS SBBSs. Indeed, most hospitals have the
of thirty (30) days. The following product, MammoTest (‘‘Acquisition’’). capability to perform breast biopsies
Analysis to Aid Public Comment As a result of the Acquisition, Fischer— using multiple methods to ensure that
describes the terms of the consent the only significant competitor to the most appropriate system is used for
agreement, and the allegations in the Hologic in the U.S. market for prone each procedure.
complaint. An electronic copy of the SBBSs—relinquished all rights to Surgical biopsies were once the only
full text of the consent agreement develop, manufacture, market, and sell method of biopsying breast tissue, but
package can be obtained from the FTC prone SBBSs in the United States. The these procedures have declined
Home Page (for July 7, 2006), on the Commission’s complaint alleges that the significantly in popularity in response
World Wide Web, at http://www.ftc.gov/ Acquisition violated section 7 of the to the availability of newer, minimally-
os/2006/07/index.htm. A paper copy Clayton Act, as amended, 15 U.S.C. 18, invasive, biopsy systems. Minimally-
can be obtained from the FTC Public and section 5 of the Federal Trade invasive biopsies provide accurate
Reference Room, Room 130–H, 600 Commission Act, as amended, 15 U.S.C. diagnosis while avoiding the economic
Pennsylvania Avenue, NW., 45, by eliminating Hologic’s only costs and patient hardship associated
Washington, DC 20580, either in person significant competitor in the U.S. with surgical breast biopsies. Surgical
or by calling (202) 326–2222. market for prone SBBSs. The proposed breast biopsies are performed under
Public comments are invited, and may Consent Agreement would restore the general anesthesia, require a longer
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be filed with the Commission in either competition eliminated by the hospital stay, and result in noticeable
Acquisition by ensuring the prompt scarring. For these reasons, surgical
The request will be granted or denied by the
Commission’s General Counsel, consistent with
competitive viability of Siemens as an procedures are typically performed only
applicable law and the public interest. See additional supplier of prone SBBSs in in circumstances in which none of the
Commission Rule 4.9(c), 16 CFR 4.9(c). the United States. minimally-invasive alternatives is

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40124 Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices

appropriate or available. An ability to United States must establish a local litigation. In addition to the intellectual
perform surgical breast biopsies does sales and service organization and must property barriers to entry, potential
not provide a meaningful competitive not infringe any U.S. patents. entrants must contend with the
restraint on the exercise of market research, development, and regulatory
IV. Competitive Effects and Entry
power by a prone SBBS monopolist. hurdles that companies seeking to
There are two other types of Conditions
market medical devices typically face.
minimally-invasive breast biopsy Fischer pioneered the prone SBBS Finally, a new entrant would also need
systems: ultrasound and magnetic market when it introduced its to develop manufacturing capability and
resonance (‘‘MR’’) systems. These MammoTest product in the late 1980s. potentially recruit and train a local sales
systems are complementary treatment In 1992, Lorad, a company subsequently force in order to gain market acceptance
modalities, however, and are not acquired by Hologic, introduced the and have an impact on price in the U.S.
competitive substitutes for a prone MultiCare prone SBBS to the U.S. prone SBBS market.
SBBS. Ultrasound-guided breast market as the first competitor to
biopsies are the most prevalent type of MammoTest. Over the next fourteen V. The Proposed Consent Agreement
minimally-invasive breast biopsy years, Hologic’s MultiCare and Fischer’s The proposed Consent Agreement
performed in the United States, and are MammoTest competed head-to-head in effectively remedies the competitive
typically used to biopsy suspicious the U.S. market, with each firm harm that resulted from the Acquisition.
masses. Ultrasound systems are not well supplying approximately fifty percent of Pursuant to the proposed Consent
suited for visualizing lesions called the U.S. market for prone SBBSs. This Agreement, Hologic is required to divest
microcalcifications, however, and competition directly benefitted U.S. to Siemens all of the prone SBBS-related
patients with this type of lesion are consumers in the form of lower prices, assets it acquired from Fischer no later
typically sent for biopsy using a prone better service, and product innovations. than five (5) days after the Consent
SBBS. MR breast biopsy systems are Evidence gathered in the Commission’s Agreement is accepted for public
currently considered a niche investigation demonstrates that, prior to comment. Hologic will retain a license
technology, and are significantly more the acquisition, customers received to Fischer’s prone SBBS patents to
expensive than prone SBBSs. Further, lower prices and other economic ensure that Hologic can continue to
MR biopsies are cumbersome and time benefits such as extended warranties compete in the U.S. prone SBBS market
consuming compared to biopsies and favorable service or payment terms after the divestiture.
performed with a prone SBBS. Thus, as a result of the competition between Siemens is particularly well-
MR-guided systems are used Hologic and Fischer. The evidence also positioned to manufacture and sell
infrequently, and only in cases for shows that the competition between the prone SBBSs in the United States.
which ultrasound or stereotactic two companies has resulted in product Siemens is one of the world’s largest
systems would not be appropriate. improvements, including higher public corporations, with 461,000
Stereotactic breast biopsies may also resolution detectors and improved employees and over 600 manufacturing
be performed using an ‘‘upright’’ software for image manipulation and plants, research facilities and sales
system, which consists of a biopsy unit storage. Since the Acquisition in offices worldwide. Siemens Medical
that attaches to an existing September 2005, Hologic has enjoyed a Solutions Group is a worldwide leader
mammography system. There are virtual monopoly in the U.S. prone in medical imaging, with product
significant disadvantages associated SBBS market. offerings including angiography,
with using upright systems as compared The only other firm that sells a prone fluoroscopy, magnetic resonance
to prone SBBS procedures, including SBBS in the United States is Giotto imaging, ultrasound, and
reduced comfort and a risk of vasovagal USA. Giotto currently is not a mammography. As an established
reactions (fainting). These problems significant competitor, however, having supplier of breast cancer related imaging
result from the fact that an upright achieved minimal sales in the three products, Siemens has earned a strong
system performs the biopsy in plain years during which its product has been reputation in the field of breast cancer
view of the patient. Also, upright available in the United States. It is screening and detection, and already
systems occupy a mammography unlikely that Giotto could significantly has a domestic sales and service
machine that could otherwise be used to expand its U.S. sales because it does not network in place to make it a vigorous
conduct mammograms, thereby have access to critical prone SBBS prone SBBS competitor. Further,
reducing the number of screening patents, and in any event lacks the although it already has a mammography
mammographies that can be performed necessary infrastructure, track record, business, Siemens does not currently
in a given day. This makes upright product acceptance, and resources to do compete in the prone SBBS market, and
systems a particularly unattractive so. thus does not present any competitive
option for a breast care center that has There is little prospect for new entry problems as an acquirer of the divested
a significant patient volume. For these into the U.S. prone SBBS market. The assets.
reasons, even though upright systems strength and breadth of Hologic’s patent If the Commission determines that
are much less expensive, they are not portfolio, including the patents it Siemens is not an acceptable purchaser,
used commonly in the United States, acquired from Fischer, insulate the U.S. or that the manner of the divestiture is
and do not provide meaningful prone SBBS market from entry. In fact, not acceptable, Hologic must unwind
competition to prone SBBS suppliers. no company has ever had a meaningful the sale and divest the prone SBBS
The relevant geographic market in impact on the U.S. prone SBBS market assets within six (6) months of the date
which to analyze the effects of the without access to these critical patents. the Order becomes final to another
Acquisition is the United States. Prone Hologic’s MultiCare product, the only Commission-approved acquirer. If
SBBSs are medical devices, and thus prone SBBS ever to compete effectively Hologic fails to divest within that time
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cannot be marketed or sold in the with Fischer’s MammoTest, was able to frame, the Commission may appoint a
United States without prior approval by compete in the U.S. market only by trustee to divest the prone SBBS assets.
the United States Food and Drug virtue of a license to the Fischer patents The purpose of this analysis is to
Administration (‘‘FDA’’). Further, a firm that Hologic acquired as part of the facilitate public comment on the
wishing to sell prone SBBSs in the settlement of patent infringement Consent Agreement, and it is not

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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices 40125

intended to constitute an official framework for health information DEPARTMENT OF HEALTH AND
interpretation of the Consent Agreement technology (IT). HUMAN SERVICES
or to modify its terms in any way.
DATES: August 1, 2006 from 8:30 a.m. to Office of the National Coordinator;
By direction of the Commission. 1 p.m. American Health Information
Donald S. Clark,
ADDRESSES: Hubert H. Humphrey Community Electronic Health Records
Secretary. Workgroup Meeting
building (200 Independence Avenue,
[FR Doc. E6–11070 Filed 7–13–06; 8:45 am]
SW., Washington, DC 20201),
BILLING CODE 6750–01–P
Conference Room 800. ACTION: Announcement of meeting.

FOR FURTHER INFORMATION CONTACT: Visit SUMMARY: This notice announces the
http://www.hhs.gov/healthit/ahic.html. seventh meeting of the American Health
GENERAL SERVICES Information Community Electronic
ADMINISTRATION SUPPLEMENTARY INFORMATION: A Web Health Records Workgroup in
cast of the Community meeting will be accordance with the Federal Advisory
Notice of Availability of the Release of available on the NIH Web site at: Committee Act (Pub. L. 92–463, 5
the Record of Decision http://www.videocast.nih.gov/. U.S.C., App.).
AGENCY: Public Buildings Service, GSA. If you have special needs for the DATES: July 25, 2006 from 1 p.m. to 3
ACTION: Notice of Availability meeting, please contact (202) 690–7151. p.m.
Dated: July 10, 2006. ADDRESSES: Mary C. Switzer Building
SUMMARY: The U.S. General Service Judith Sparrow, (330 C Street, SW., Washington, DC
Administration (GSA) hereby gives 20201), Conference Room 4090.
notice of a Record of Decision that has Director, American Health Information
Community, Office of Programs and FOR FURTHER INFORMATION CONTACT:
been issued as a part of the Peace Arch Coordination, Office of the National
Port of Redevelopment Project NEPA http://www.hhs.gov/healthit/ahic/
Coordinator. ehr_main.html.
(National Environmental Policy Act) [FR Doc. 06–6229 Filed 7–13–05; 8:45 am]
statement that was conducted over 2004 SUPPLEMENTARY INFORMATION: The
BILLING CODE 4150–24–M
- 2006. meeting will be available via Web cast
An Environmental Impact Statement at http://www.eventcenterlive.com/
was conducted with significant input cfmx/ec/login/login1.cfm?BID=67.
DEPARTMENT OF HEALTH AND
from the public with many public Dated: July 10, 2006.
HUMAN SERVICES
meetings. A ROD is the last step for this Judith Sparrow,
project under the NEPA process. Office of the National Coordinator; Director, American Health Information
FOR FURTHER INFORMATION CONTACT: The American Health Information Community, Office of Programs and
ROD is on file with GSA and a copy can Community Biosurveillance Coordination, Office of the National
be obtained by contacting: Michael Workgroup Meeting Coordinator.
Levine, Regional Environmental [FR Doc. 06–6231 Filed 7–13–06; 8:45 am]
Program Analyst, US General Services ACTION: Announcement of meeting. BILLING CODE 4150–24–M
Administration, 400 – 15th St. SW.,
10PTP, Auburn, WA 98001. He may also SUMMARY: This notice announces the
be contacted by phone at (253) 931– seventh meeting of the American Health DEPARTMENT OF HEALTH AND
7263, by fax at (253) 931–7308, or e-mail Information Community Biosurveillance HUMAN SERVICES
at Michael.levin@gsa.gov. Workgroup in accordance with the
Office of the National Coordinator;
Dated: July 5, 2006. Federal Advisory Committee Act (Pub.
American Health Information
Jon Kvistad L. 92–463, 5 U.S.C., App.).
Community Chronic Care Workgroup
Regional Administrator, Region 10 Meeting
DATES: July 24, 2006 from 1 p.m. to 4
[FR Doc. E6–11041 Filed 7–13–06; 8:45 am] p.m.
BILLING CODE 6820–A7–S ACTION: Announcement of meeting.
ADDRESSES: Mary C. Switzer Building
(330 C Street, SW., Washington, DC SUMMARY: This notice announces the
20201), Conference Room 4090. seventh meeting of the American Health
DEPARTMENT OF HEALTH AND Information Community Chronic Care
HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Workgroup in accordance with the
http://www.hhs.gov/healthit/ahic/ Federal Advisory Committee Act (Pub.
Office of the National Coordinator; bio_main.html. L. 92–463, 5 U.S.C., App.).
American Health Information
SUPPLEMENTARY INFORMATION: The DATES: July 26, 2006 from 1 p.m. to 3
Community Meeting
meeting will be available via Web cast p.m.
ACTION: Announcement of meeting. at http://www.eventcenterlive.com/ ADDRESSES: Mary C. Switzer Building
cfmx/ec/login/login1.cfm?BID=67. (330 C Street, SW., Washington, DC
SUMMARY: This notice announces the
Dated: July 10, 2006. 20201), Conference Room 4090.
seventh meeting of the American Health
Judith Sparrow, FOR FURTHER INFORMATION CONTACT:
Information Community in accordance
with the Federal Advisory Committee Director, American Health Information
http://www.hhs.gov/healthit/ahic/
jlentini on PROD1PC65 with NOTICES

Act (Pub. L. No. 92–463, 5 U.S.C., App.) Community, Office of Programs and bio_main.html.
The American Health Information Coordination, Office of the National SUPPLEMENTARY INFORMATION: The
Community will advise the Secretary Coordinator. meeting will be available via Web cast
and recommend specific actions to [FR Doc. 06–6230 Filed 7–13–06; 8:45 am] at http://www.eventcenterlive.com/
achieve a common interoperability BILLING CODE 4150–24–M cfmx/ec/login/login1.cfm?BID=67.

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