Statement of Delegation of Authority, 8543-8544 [E9-3837]
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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
although it recognized that the
government still may prohibit
untruthful or misleading advertising or
impose other measures to ensure that
ads are not deceptive.2 In subsequent
cases, courts, including the Supreme
Court, have held that a commercial
advertisement does not necessarily
enjoy full First Amendment protection
just because it promotes a fully
protected product or activity or
incorporates statements that, outside the
advertising context, are fully protected.
See, e.g., Zauderer v. Office of
Disciplinary Counsel of the Supreme
Court of Ohio, 471 U.S. 626, 637 & n.7
(1985) (holding that statements
contained in an advertisement for legal
services regarding the legal rights of
persons injured by the Dalkon shield
normally would be fully protected
speech, but not when presented in the
context of an advertisement that
proposed a commercial transaction—the
offer of legal representation).3
The Commission has determined that
the MID is unnecessary in light of the
Supreme Court’s commercial speech
jurisprudence developed since the
MID’s adoption. The Court’s commercial
speech cases, not the MID, delimit the
constitutional constraints on challenges
to deceptive advertising claims for
books and other publications that are
commercially marketed. For the reasons
described, the Commission hereby
rescinds its ‘‘Advertising in Books’’
enforcement policy.
List of Subjects:
Advertising, Consumer protection,
Trade practices.
Authority: 15 U.S.C. 41-58
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E9–3940 Filed 2–24–09: 8:45 am]
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although meriting some protection, is of less
constitutional moment than other forms of
speech.’’).
2 425 U.S. at 771-72 & n.24. Accord Bates v. State
Bar of Arizona, 433 U.S. 350, 382 (1977) (holding
that advertising for legal services is commercial
speech and noting that false, deceptive, or
misleading advertising of legal services can be
prohibited).
3 Cf. Rushman v. City of Milwaukee, 959 F. Supp.
1040, 1043-44 (E.D. Wis. 1997) (holding that the
city could not regulate speech of an astrologer,
because the targeted speech did not involve the
proposal of a commercial transaction: ‘‘[A]n
astrologer’s advice neither proposes nor encourages
an additional transaction. In contrast, if [the
astrologer] told her clients that they had curses and
she could remove them, that would be commercial
speech because she would be using astrology to sell
her curse-lifting services.’’).
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Meeting of the National Vaccine
Advisory Committee Vaccine Safety
Working Group
AGENCY: Department of Health and
Human Services, Office of the Secretary,
Office of Public Health and Science.
ACTION: Notice of meeting.
SUMMARY: The Department of Health and
Human Services (HHS) is hereby giving
notice that the National Vaccine
Advisory Committee (NVAC) Vaccine
Safety Working Group will hold a
meeting. The meeting is open to the
public. Pre-registration is required for
both public attendance and comment.
The event will be webcast live and
audio conferencing will be available.
DATES: The meeting will be held on
March 16, 2009, from 9 a.m. to 5 p.m.
ADDRESSES: Department of Health and
Human Services; Hubert H. Humphrey
Building, Room 800; 200 Independence
Avenue, SW., Washington, DC 20201.
FOR FURTHER INFORMATION CONTACT: Ms.
Kirsten Vannice, National Vaccine
Program Office, Department of Health
and Human Services, Room 443–H,
Hubert H. Humphrey Building, 200
Independence Avenue, SW.,
Washington, DC 20201. Phone: (202)
690–5566; Fax: (202) 260–1165; e-mail:
kirsten.vannice@hhs.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 2101 of the Public Health
Service Act (42 U.S.C. Section 300aa–1),
the Secretary of Health and Human
Services was mandated to establish the
National Vaccine Program to achieve
optimal prevention of human infectious
diseases through immunization and to
achieve optimal prevention against
adverse reactions to vaccines. The
National Vaccine Advisory Committee
was established to provide advice and
make recommendations to the Director
of the National Vaccine Program, on
matters related to the Program’s
responsibilities. The Assistant Secretary
for Health serves as Director of the
National Vaccine Program.
The NVAC Vaccine Safety Working
Group was initially established to (1)
undertake and coordinate a scientific
review of the draft Centers for Disease
Control and Prevention (CDC)
Immunization Safety Office (ISO)
Scientific Agenda, and (2) review the
current vaccine safety system.
On March 16, 2009, the NVAC
Vaccine Safety Working Group will
meet to hear comments from
stakeholders on the ISO Scientific
Agenda. Stakeholder participants will
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8543
be asked to comment broadly on two
areas: (1) The content of the draft ISO
research agenda and (2) approaches for
developing priorities for the draft ISO
research agenda. Organizations and
individuals with a strong interest in
vaccine safety are encouraged to attend.
Additional guidance and materials will
be provided in advance to registered
participants. The information collected
during this meeting will inform the
Working Group on issues and concerns
that should be taken into consideration
in developing recommendations to be
made to NVAC on the ISO scientific
agenda.
Public attendance at the meeting is
limited to space available and interested
individuals are encouraged to register
early to secure a space. Individuals who
plan to attend and need special
assistance, such as sign language
interpretation or other reasonable
accommodations, should notify the
contact person above at least one week
prior to the meeting. Members of the
public will have the opportunity to
provide comments at the meeting.
Public comment will be limited to five
minutes per speaker. Pre-registration is
required for both public attendance and
comment. Any members of the public
who wish to have printed material
distributed to NVAC Vaccine Safety
Working Group members should submit
materials to the Executive Secretary,
NVAC, through the contact person listed
above prior to close of business March
9, 2009. Audio-conferencing will be
available. Call in numbers, a draft
agenda, a link to the webcast, and
additional materials will be posted on
the NVAC Vaccine Safety Working
Group Web site (https://www.hhs.gov/
nvpo/nvac/vaccinesafety.html) prior to
the meeting.
Dated: February 19, 2009.
Raymond A. Strikas,
Medical Officer, National Vaccine Program
Office, U.S. Department of Health and Human
Services.
[FR Doc. E9–3977 Filed 2–24–09; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Agency for Healthcare Research and
Quality
Statement of Delegation of Authority
Notice is hereby given that I have
delegated to the Director, Agency for
Healthcare Research and Quality
(AHRQ), the authorities vested in the
Secretary of the Department of Health
and Human Services under Section 204,
E:\FR\FM\25FEN1.SGM
25FEN1
8544
Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices
of the Medicare Improvements for
Patients and Providers Act of 2008,
Public Law 110–275, as amended,
pertaining to contracting with the
Institute of Medicine for reports on best
practices for conducting systematic
reviews of clinical effectiveness
research and for developing clinical
protocols.
This delegation shall be exercised in
accordance with the Department’s
applicable policies, procedures,
guidelines and regulations.
In addition, the delegation ratifies and
affirms any actions taken by you or your
subordinates that involved the exercise
of the authorities delegated herein prior
to the effective date of this delegation.
This delegation is effective upon date
of signature.
review by the Office of Management and
Budget (OMB) in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35). To request a copy of these
requests, call the CDC Reports Clearance
Officer at (404) 639–5960 or send an email to omb@cdc.gov. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC or by fax to (202) 395–6974. Written
comments should be received within 30
days of this notice.
Proposed Project: Audience Profiling
for Carbon Monoxide Poisoning
Prevention Status—New—National
Center for Environmental Health
(NCEH), Coordinating Center for
Environmental Health and Injury
Prevention (CCEHIP), Centers for
Disease Control and Prevention (CDC).
Dated: February 9, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9–3837 Filed 2–24–09; 8:45 am]
Background and Brief Description
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30Day–09–08BP]
Agency Forms Undergoing Paperwork
Reduction Act Review
The Centers for Disease Control and
Prevention (CDC) publishes a list of
information collection requests under
Carbon monoxide (CO) is one of the
leading causes of poison-related deaths
in the United States. The Centers for
Disease Control and Prevention (CDC)
estimates that each year approximately
500 people die of unintentional,
nonfire-related CO exposure, and
another 15,000 individuals visit
emergency rooms for treatment from
exposure to CO gas.
Despite our current knowledge of
scenarios and products that lead to CO
poisoning, questions remain about when
and how individuals use CO-emitting
products, why they engage in certain
risk behaviors, how best to inform them
about the CO poisoning, and how
receptive they are to existing prevention
materials. This study aims to address
these questions through assessing the
basis for current audience knowledge,
attitudes, and practices and, ultimately,
strengthen educational materials about
CO poisoning prevention.
The study will employ the use of
qualitative methods during three phases
of data collection. Phase I will consist
of eight in-person focus groups among
home furnace owners and portable
generator owners (n = 64) as well as four
telephone interviews with organizations
that serve populations at risk for CO
poisoning (n = 4). Phase II will consist
of analyzing previously collected data
on consumer media usage and
preferences. Phase III will consist of 16
in-person triad interviews (3 individuals
per interview) with home furnace
owners and portable generator owners
(n = 48) to pretest CO poisoning
educational materials.
NCEH will identify individuals for the
focus groups and triad interviews using
recruiting firms that specialize in the
two at-risk populations: (1) Home
furnace owners and (2) portable
generator owners. Individuals in these
two groups will be screened over the
telephone by the recruiting firms, and if
they meet the eligibility criteria, will be
invited to participate in the study. At
the end of each focus group and triad
interview, NCEH will ask participants to
complete a brief exit questionnaire on
demographics and media usage.
There is no cost to respondents other
than their time. The total estimated
burden hours are 276.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
responses per
respondent
Number of
respondents
Average burden
per response
(in hours)
Type of respondents
Instrument type
Owners of Gas or Oil Burning Household
Appliances.
Focus Group Screener .............................
64
1
10/60
Focus Group .............................................
Exit Questionnaire ....................................
Triad Screener ..........................................
Triad .........................................................
Focus Group Screener .............................
32
32
48
24
64
1
1
1
1
1
2
10/60
10/60
2
10/60
Focus Group .............................................
Exit Questionnaire ....................................
Triad Screener ..........................................
Triad .........................................................
Telephone Interview .................................
32
32
48
24
4
1
1
1
1
1
2
10/60
10/60
2
1
Owners of Portable Gas Burning Generator
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Agencies
[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8543-8544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3837]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Healthcare Research and Quality
Statement of Delegation of Authority
Notice is hereby given that I have delegated to the Director,
Agency for Healthcare Research and Quality (AHRQ), the authorities
vested in the Secretary of the Department of Health and Human Services
under Section 204,
[[Page 8544]]
of the Medicare Improvements for Patients and Providers Act of 2008,
Public Law 110-275, as amended, pertaining to contracting with the
Institute of Medicine for reports on best practices for conducting
systematic reviews of clinical effectiveness research and for
developing clinical protocols.
This delegation shall be exercised in accordance with the
Department's applicable policies, procedures, guidelines and
regulations.
In addition, the delegation ratifies and affirms any actions taken
by you or your subordinates that involved the exercise of the
authorities delegated herein prior to the effective date of this
delegation.
This delegation is effective upon date of signature.
Dated: February 9, 2009.
Charles E. Johnson,
Acting Secretary.
[FR Doc. E9-3837 Filed 2-24-09; 8:45 am]
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