Agency Information Collection Activities; Submission for OMB Review; Proposed Collection; Comment Request for an Unmodified OGE Form 201 Ethics Act Access Form, 5324-5325 [2010-2172]
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mstockstill on DSKH9S0YB1PROD with NOTICES
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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
consumers in their purchase and use of
indoor tanning services, specifically,
that consumers can increase their
vitamin D levels through ultraviolet
levels lower than the amount needed to
get a tan, and that ultraviolet radiation
can injure the eyes and increases the
risk of skin cancer. The complaint
alleges that respondent’s failure to
disclose these facts, in light of the
representation made, is a deceptive
practice. Finally, the complaint alleges
that respondent provided to others the
means and instrumentalities to engage
in deceptive acts or practices.
The proposed consent order contains
provisions designed to prevent
respondent from engaging in similar
acts or practices in the future. The order
covers representations made in
connection with the manufacturing,
labeling, advertising, promotion,
offering for sale, sale, or distribution of
any covered product or service, in or
affecting commerce. It does not cover
representations made in noncommercial settings or contexts, such as
communications to legislative or
executive bodies. The order defines a
covered product or service as any
ultraviolet lamp or sunlamp product, as
defined in federal regulation 21 C.F.R.
§ 1040.20, or any commercial facility
where consumers may use ultraviolet
lamps or sunlamp products.
Part I of the order prohibits
respondent from making the following
representations: tanning, including
indoor tanning, does not increase the
risk of skin cancer; tanning, including
indoor tanning, is safe or poses no
danger; indoor tanning is approved by
the government; and indoor tanning is
safer than tanning outdoors because in
indoor tanning facilities, the amount of
ultraviolet light is monitored and
controlled. The ban on representations
that tanning, including indoor tanning,
is safe, is fencing-in relief. Part II of the
order prohibits respondent from
misrepresenting (1) that research shows
that vitamin D supplements may harm
the body’s ability to fight disease and (2)
that a study in the Proceedings of the
National Academy of Sciences
determined: (a) that sun exposure does
not cause skin cancer or melanoma, or
that the risk of such cancer is only
hypothetical; (b) that getting a tan is
healthy; (c) that the risks of not getting
enough ultraviolet light far outweigh the
risk of skin cancer; or (d) that vitamin
D has been linked to significantly
decreasing the risk of contracting lung,
kidney, or liver cancer.
Part III prohibits respondent from
making any representation about the
safety, health-related efficacy or
performance, or health-related risks or
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16:52 Feb 01, 2010
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benefits, of any covered product or
service; or about the sources,
performance, efficacy, or health-related
risks or benefits of vitamin D; unless the
representation is non-misleading, and,
at the time it is made, respondent
possesses and relies upon competent
and reliable scientific evidence that is
sufficient in quality and quantity based
on standards generally accepted in the
relevant scientific fields to substantiate
that the representation is true. For the
purposes of the order, competent and
reliable scientific evidence is defined as
tests, analyses, research, studies, or
other evidence that have been
conducted and evaluated in an objective
manner by qualified persons, that are
generally accepted in the profession to
yield accurate and reliable results, and
whose results are consistent with the
body of reliable scientific evidence
relevant to the representation. Part IV of
the order prohibits respondent from
misrepresenting the existence, contents,
validity, results, conclusions, or
interpretations of any test, study,
survey, or research.
Part V of the order is a disclosure
provision. It prohibits respondent from
making any representation about the
safety or health benefits of any covered
product or service unless it makes the
following disclosure, clearly and
conspicuously, and in close proximity
to the representation: ‘‘NOTICE:
Exposure to ultraviolet radiation may
increase the likelihood of developing
skin cancer and can cause serious eye
injury.’’ In the event, however, that
respondent represents that exposure to
ultraviolet radiation produces vitamin D
in the body, or otherwise about the
effectiveness or usefulness of such
product for generation of vitamin D, the
required disclosure shall be as follows:
‘‘NOTICE: You do not need to become
tan for your skin to make vitamin D.
Exposure to ultraviolet radiation may
increase the likelihood of developing
skin cancer and can cause serious eye
injury.’’
Part VI of the order prohibits
respondent from providing to any other
person or entity any means or
instrumentalities that contain any
representation prohibited by the order.
Part VII requires respondent to send a
notice about the FTC’s law enforcement
action to all of its members, and all
other entities to which it provided
point-of-sale advertising on or after
January 1, 2008; the required notice is
attached to the order as Attachment A.
Parts VIII, IX, X, and XI of the consent
order require respondent to keep copies
of relevant advertisements and materials
substantiating claims made in the
advertisements; to provide copies of the
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Sfmt 4703
order to its personnel; to notify the
Commission of changes in corporate
structure that might affect compliance
obligations under the order; and to file
compliance reports with the
Commission. Part XII provides that the
order will terminate after twenty (20)
years, with certain exceptions.
The purpose of this analysis is to
facilitate public comment on the
proposed order, and it is not intended
to constitute an official interpretation of
the agreement and proposed order or to
modify in any way their terms.
By direction of the Commission.
Donald S. Clark
Secretary.
[FR Doc. 2010–2129 Filed 2–1–10; 2:45 pm]
BILLING CODE 6750–01–S
OFFICE OF GOVERNMENT ETHICS
Agency Information Collection
Activities; Submission for OMB
Review; Proposed Collection;
Comment Request for an Unmodified
OGE Form 201 Ethics Act Access Form
AGENCY:
Office of Government Ethics
(OGE).
ACTION: Notice of request for agency and
public comments.
SUMMARY: After publication of this
second round notice, OGE plans to
submit an unmodified OGE Form 201
Ethics Act Access Form to the Office of
Management and Budget (OMB) for
review and approval of a three-year
extension under the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35).
DATES: Written comments by the public
and the agencies on this proposed
extension are invited and must be
received by March 4, 2010.
ADDRESSES: Comments may be
submitted, identified by the title of the
information collection activity, to the
Office of Information and Regulatory
Affairs, Attn: Ms. Sharon Mar, OMB
Desk Officer for the Office of
Government Ethics, by either of the
following methods within 30 days from
the date of publication in this Federal
Register:
Fax: 202–395–6974, Attn: Ms. Sharon
Mar, OMB Desk Officer for the Office of
Government Ethics;
E-mail: smar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Paul
Ledvina at the Office of Government
Ethics; telephone: 202–482–9247; TTY:
800–877–8339; FAX: 202–482–9237; Email: paul.ledvina@oge.gov. An
electronic copy of the OGE Form 201 is
available in the Forms Library section of
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices
OGE’s Web site at https://www.usoge.gov.
A paper copy may also be obtained,
without charge, by contacting Mr.
Ledvina.
mstockstill on DSKH9S0YB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Title: Request to Inspect or Receive
Copies of SF 278 Executive Branch
Personnel Public Financial Disclosure
Reports or Other Covered Records.
Agency Form Number: OGE Form
201.
OMB Control Number: 3209–0002.
Type of Information Collection:
Extension without change of a currently
approved collection.
Type of Review Request: Regular.
Respondents: Individuals requesting
access to executive branch public
financial disclosure reports and other
covered records.
Estimated Annual Number of
Respondents: 450.
Estimated Time per Response: 10
minutes.
Estimated Total Annual Burden: 75
hours.
Abstract: The OGE Form 201 collects
information from, and provides certain
information to, persons who seek access
to SF 278 Public Financial Disclosure
Reports and other covered records. The
form reflects the requirements of the
Ethics Act and OGE’s implementing
regulations that must be met by a person
before access can be granted. These
requirements relate to information
collected about the identity of the
requester, as well as any other person on
whose behalf a record is sought, and
notification of prohibited uses of SF 278
reports. See section 105 (b) and (c) of
the Ethics Act, 5 U.S.C. appendix § 105
(b) and (c), and 5 CFR 2634.603 (c) and
(f) of OGE’s executive branchwide
regulations. Executive branch
departments and agencies are
encouraged to utilize the OGE Form
201. OGE permits departments and
agencies to use or develop their own
forms as long as the forms collect and
provide all of the required information.
Request for Comments: OGE published
a first round notice of its intent to
request paperwork clearance for the
proposed unmodified OGE Form 201
Ethics Act Access Form. See 74 FR
59185–59186. OGE received no
responses to that notice. Agency and
public comment is again invited
specifically on the need for and
practical utility of this information
collection, the accuracy of OGE’s
burden estimate, the enhancement of
quality, utility and clarity of the
information collected, and the
minimization of burden (including the
use of information technology).
Comments received in response to this
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16:52 Feb 01, 2010
Jkt 220001
notice will be summarized for, and may
be included with, the OGE request for
extension of OMB paperwork approval.
The comments will also become a
matter of public record.
Approved: January 27, 2010.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. 2010–2172 Filed 2–1–10; 8:45 am]
BILLING CODE 6345–03–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Implementation of Section 5001 of the
American Recovery and Reinvestment
Act of 2009 for Adjustments to the
First Quarter of Fiscal Year 2010
Federal Medical Assistance
Percentage Rates for Federal Matching
Shares for Medicaid and Title IV–E
Foster Care, Adoption Assistance and
Guardianship Assistance Programs
Office of the Secretary, DHHS.
Notice.
AGENCY:
ACTION:
SUMMARY: This notice provides the
adjusted Federal Medical Assistance
Percentage (FMAP) rates for the first
quarter of Fiscal Year 2010 (FY10) as
required under Section 5001 of the
American Recovery and Reinvestment
Act of 2009 (ARRA). Section 5001 of the
ARRA provides for temporary increases
in the FMAP rates to provide fiscal
relief to states and to protect and
maintain state Medicaid and certain
other assistance programs in a period of
economic downturn. The increased
FMAP rates apply during a recession
adjustment period that is defined in
ARRA as the period beginning October
1, 2008 and ending December 31, 2010.
DATES Effective Date: These percentages
are effective for the quarter beginning
October 1, 2009 through December 31,
2009.
A. Background
The FMAP is used to determine the
amount of federal matching for specified
state expenditures for assistance
payments under programs under the
Social Security Act. Sections 1905(b)
and 1101(a)(8)(B) of the Social Security
Act (‘‘the Act’’) require the Secretary of
Health and Human Services to publish
the FMAP rates each year. The Secretary
calculates the percentages using
formulas set forth in sections 1905(b)
and 1101(a)(8)(B), and from the
Department of Commerce’s statistics of
average income per person in each state
and for the nation as a whole. The
percentages must be within the upper
and lower limits given in section
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Frm 00047
Fmt 4703
Sfmt 4703
5325
1905(b) of the Act. The percentages to
be applied to the District of Columbia,
Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern
Mariana Islands are specified separately
in the Act, and thus are not based on the
statutory formula that determines the
percentages for the 50 states.
Section 1905(b) of the Act specifies
the formula for calculating the FMAP as
follows:
The FMAP for any State shall be 100 per
centum less the State percentage; and the
State percentage shall be that percentage
which bears the same ratio to 45 per centum
as the square of the per capita income of such
State bears to the square of the per capita
income of the continental United States
(including Alaska) and Hawaii; except that
(1) the FMAP shall in no case be less than
50 per centum or more than 83 per centum,
and (2) the FMAP for Puerto Rico, the Virgin
Islands, Guam, the Northern Mariana Islands,
and American Samoa shall be 50 per centum.
Section 4725 of the Balanced Budget
Act of 1997 amended section 1905(b) to
provide that the FMAP for the District
of Columbia for purposes of titles XIX
(Medicaid) and XXI (CHIP) shall be 70
percent. The Medicare Improvements
for Patients and Providers Act of 2008
(MIPPA) (Pub. L. 110–275) amended the
FMAP applied to the District of
Columbia for maintenance payments
under title IV–E programs to make it
consistent with the 70 percent Medicaid
match rate.
Section 5001 of Division B of the
ARRA provides for a temporary increase
in FMAP rates for Medicaid and title
IV–E Foster Care, Adoption Assistance
and Guardianship Assistance programs.
The purpose of the increases to the
FMAP rates is to provide fiscal relief to
states and to protect and maintain State
Medicaid and certain other assistance
programs in a period of economic
downturn, referred to as the ‘‘recession
adjustment period.’’ The recession
adjustment period is defined as the
period beginning October 1, 2008 and
ending December 31, 2010.
B. Calculation of the Increased FMAP
Rates Under ARRA
Section 5001 of the ARRA specifies
that the FMAP rates shall be temporarily
increased for the following: (1)
Maintenance of FMAP rates for FY09,
FY10, and first quarter of FY11, so that
the FMAP rate will not decrease from
the prior year, determined by using as
the FMAP rate for the current year the
greater of any prior fiscal year FMAP
rates between 2008–2010 or the rate
calculated for the current fiscal year; (2)
in addition to any maintenance
increase, the application of an increase
in each state’s FMAP of 6.2 percentage
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Pages 5324-5325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2172]
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OFFICE OF GOVERNMENT ETHICS
Agency Information Collection Activities; Submission for OMB
Review; Proposed Collection; Comment Request for an Unmodified OGE Form
201 Ethics Act Access Form
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of request for agency and public comments.
-----------------------------------------------------------------------
SUMMARY: After publication of this second round notice, OGE plans to
submit an unmodified OGE Form 201 Ethics Act Access Form to the Office
of Management and Budget (OMB) for review and approval of a three-year
extension under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter
35).
DATES: Written comments by the public and the agencies on this proposed
extension are invited and must be received by March 4, 2010.
ADDRESSES: Comments may be submitted, identified by the title of the
information collection activity, to the Office of Information and
Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the
Office of Government Ethics, by either of the following methods within
30 days from the date of publication in this Federal Register:
Fax: 202-395-6974, Attn: Ms. Sharon Mar, OMB Desk Officer for the
Office of Government Ethics;
E-mail: smar@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Paul Ledvina at the Office of
Government Ethics; telephone: 202-482-9247; TTY: 800-877-8339; FAX:
202-482-9237; E-mail: paul.ledvina@oge.gov. An electronic copy of the
OGE Form 201 is available in the Forms Library section of
[[Page 5325]]
OGE's Web site at https://www.usoge.gov. A paper copy may also be
obtained, without charge, by contacting Mr. Ledvina.
SUPPLEMENTARY INFORMATION:
Title: Request to Inspect or Receive Copies of SF 278 Executive
Branch Personnel Public Financial Disclosure Reports or Other Covered
Records.
Agency Form Number: OGE Form 201.
OMB Control Number: 3209-0002.
Type of Information Collection: Extension without change of a
currently approved collection.
Type of Review Request: Regular.
Respondents: Individuals requesting access to executive branch
public financial disclosure reports and other covered records.
Estimated Annual Number of Respondents: 450.
Estimated Time per Response: 10 minutes.
Estimated Total Annual Burden: 75 hours.
Abstract: The OGE Form 201 collects information from, and provides
certain information to, persons who seek access to SF 278 Public
Financial Disclosure Reports and other covered records. The form
reflects the requirements of the Ethics Act and OGE's implementing
regulations that must be met by a person before access can be granted.
These requirements relate to information collected about the identity
of the requester, as well as any other person on whose behalf a record
is sought, and notification of prohibited uses of SF 278 reports. See
section 105 (b) and (c) of the Ethics Act, 5 U.S.C. appendix Sec. 105
(b) and (c), and 5 CFR 2634.603 (c) and (f) of OGE's executive
branchwide regulations. Executive branch departments and agencies are
encouraged to utilize the OGE Form 201. OGE permits departments and
agencies to use or develop their own forms as long as the forms collect
and provide all of the required information. Request for Comments: OGE
published a first round notice of its intent to request paperwork
clearance for the proposed unmodified OGE Form 201 Ethics Act Access
Form. See 74 FR 59185-59186. OGE received no responses to that notice.
Agency and public comment is again invited specifically on the need for
and practical utility of this information collection, the accuracy of
OGE's burden estimate, the enhancement of quality, utility and clarity
of the information collected, and the minimization of burden (including
the use of information technology). Comments received in response to
this notice will be summarized for, and may be included with, the OGE
request for extension of OMB paperwork approval. The comments will also
become a matter of public record.
Approved: January 27, 2010.
Robert I. Cusick,
Director, Office of Government Ethics.
[FR Doc. 2010-2172 Filed 2-1-10; 8:45 am]
BILLING CODE 6345-03-P
