Proposed Information Collection Activity; Comment Request, 1494-1495 [2012-215]
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Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
II.
I also object to the allegations in the
Part 3 Administrative Complaint and in
the draft Part 2 Complaint that name
Star as a co-conspirator in the alleged
horizontal price-fixing of DIPF sold in
the United States and the related,
alleged DIFRA information exchange.8 I
do not consider naming Star, along with
McWane and Sigma, as a co-conspirator
to be in the public interest. There are at
least three reasons why this is so. First,
although there may be reason to believe
Star conspired with McWane and Sigma
in this oligopolistic industry, Star seems
much less culpable than the others.
More specifically, I believe that we must
be mindful of the consequences of
public law enforcement in assessing
whether the public interest favors
joining Star as a co-conspirator.9
Second, I am concerned that a trier of
fact may find it hard to believe that Star
could be both a victim of McWane’s
alleged ‘‘threats’’ to deal exclusively
with distributors, and at more or less the
same time (the ‘‘exclusive dealing’’
program began in September 2009), a
co-conspirator with McWane in a pricefixing conspiracy (June 2008 to February
2009). (This concern further explains
why I do not have reason to believe that
the exclusive dealing theory is a viable
one.) Third, I am concerned that Star’s
alleged participation in the price-fixing
conspiracy and information exchange
relies, in part, on treating
communications to distributors as
actionable signaling on prices or price
levels.10 See, e.g., Williamson Oil Co.,
Inc. v. Philip Morris USA, 346 F.3d
1287, 1305–07 (11thCir. 2003).
[FR Doc. 2012–267 Filed 1–9–12; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Projects
Title: Child Care Development Fund
(CCDF)—Reporting Improper
Payments—Instructions for States.
OMB No.: 0970–0323.
Description: Section 2 of the Improper
Payments Act of 2002 provides for
estimates and reports of improper
payments by Federal agencies. Subpart
K of 45 CFR part 98 will require States
to prepare and submit a report of errors
occurring in the administration of CCDF
grant funds once every three years.
The Office of Child Care (OCC) is
completing the second 3-year cycle of
case record reviews to meet the
requirements for reporting under IPIA.
The OCC has conducted ongoing
evaluation of the case record review
process to determine if ‘‘improper
authorizations for payment’’ remained a
suitable proxy for actual ‘‘improper
payments.’’ It is OCC’s determination
that in some cases authorizations for
payment represented the same figure as
actual payments; in other cases
authorizations for payment has
represented a figure as much as 20%
higher than actual payments. Many
States reported errors found during the
desk audit review process that were due
to missing or insufficient
documentation or other misapplication
of policy, but found that families were
determined to be eligible for services
and that the actual payment authorized
was correct. Other States reported
regulatory barriers in State law which
prohibits recovery of over-authorization
or over-payment as the result of agency
error. As such, this information
collection will provide a methodology
revision that will assess errors in
eligibility determinations that will
compare the amount authorized for
payment with the actual payment.
Respondents: State grantees, the
District of Columbia, and Puerto Rico.
ANNUAL BURDEN ESTIMATES
Number of
respondents
Instrument
mstockstill on DSK4VPTVN1PROD with NOTICES
Sampling Decisions and Fieldwork Preparation Plan .....................................
Record Review Worksheet ..............................................................................
State Improper Authorizations for Payment Report ........................................
Corrective Action Plan .....................................................................................
Number of
responses
per
respondent
17
17
17
8
1
276
1
1
Average
burden hours
per response
106
6.33
639
156
Total burden
hours
1802
29,700.36
10,863
1248
Estimated Total Annual Burden
Hours: 43,613.36.
In compliance with the requirements
of Section 506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the
Administration for Children and
Families is soliciting public comment
on the specific aspects of the
information collection described above.
Copies of the proposed collection of
information can be obtained and
comments may be forwarded by writing
to the Administration for Children and
Families, Office of Planning, Research
and Evaluation, 370 L’Enfant
Promenade SW., Washington, DC 20447,
Attn: ACF Reports Clearance Officer.
Email address:
infocollection@acf.hhs.gov. All requests
should be identified by the title of the
information collection.
The Department specifically requests
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden
information to be collected; and (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
Consideration will be given to
8 See McWane/Star Part 3 Administrative Compl.
§§ 29–38, 64–65; Sigma draft Part 2 Compl.
§§ 23B33.
9 See Credit Suisse Secs. (USA) LLC v. Billing, 551
U.S. 264, 281–84 (2007) (questioning the social
benefits of private antitrust lawsuits filed in
numerous courts when the enforcement-related
need is relatively small); Bell Atl. Corp. v. Twombly,
550 U.S. 544, 557–60 (2007) (expressing concern
with the burdens and costs of antitrust discovery,
and the attendant in terrorem effect, associated with
private antitrust lawsuits).
10 McWane/Star Part 3 Administrative Compl.
§ 34b; Sigma draft Part 2 Compl. § 29.
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1495
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Notices
comments and suggestions submitted
within 60 days of this publication.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2012–215 Filed 1–9–12; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Periodically, the Health Resources
and Services Administration (HRSA)
publishes abstracts of information
collection requests under review by the
Office of Management and Budget
(OMB), in compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). To request a copy of
the clearance requests submitted to
OMB for review, email
paperwork@hrsa.gov or call the HRSA
Reports Clearance Office on (301) 443–
1129.
The following request has been
submitted to the Office of Management
and Budget for review under the
Paperwork Reduction Act of 1995:
Proposed Project: HIV Clinician
Workforce Study (OMB No. 0915–NEW)
HRSA’s HIV/AIDS Bureau (HAB) is
planning to conduct a 24-month HIV
clinician workforce study to provide
HRSA and other state and federal
agencies with national and state-level
estimates of the number of primary care
clinicians currently providing medical
care to people living with HIV or AIDS
in the United States, as well as
projections of the magnitude of the
expected shortage or surplus of HIV
related primary care clinicians through
2015. The study will focus on the
supply and demand of health
professionals who independently
manage patients with HIV/AIDS. The
study will have two main components:
a. Design and implementation of a
forecasting model to estimate and
project the supply of and demand for
HIV clinicians at the national and
regional levels; and
b. Implementation of two surveys to
collect the information needed to
develop HIV-specific input parameters
for the forecasting model, as well as to
help address other research questions of
the study.
HRSA is requesting OMB approval to
conduct a HIV clinician survey and a
HIV practice survey. The HIV clinician
survey will focus on the individual
provider of care and will include
questions related to:
a. The clinician’s age, gender, medical
profession, and medical specialty;
b. The number of hours spent in
direct patient care;
c. The size and characteristics of HIV
patient load;
d. The primary practice
characteristics and patient management
strategies; and
e. The plans to increase or decrease
number of hours spent in direct patient
care, as well as plans for retirement.
The HIV practice survey will also
focus on the practice site and will
include questions related to type and
size of clinic, clinic specialty and
affiliation, number and acuity of
patients, number and composition of
staff, type of staffing model and patient
management strategies, meaningful use
Number of
respondents
Instrument
Responses
per
respondent
of electronic medical record systems, as
well as appointment scheduling
practices and policies. HRSA plans to
administer the clinician survey using
both web and paper modes, with
computer-assisted telephone
interviewing follow-up. HRSA plans to
administer the practice survey using
paper mode, with computer-assisted
telephone interviewing follow-up.
HRSA will use claims data,
supplemented with a list of members of
HIV medical societies, and attendees at
the 2010 HIV clinical conference, to
identify the frame of clinicians
(physicians, nurse practitioners, and
physician assistants) in all 50 states and
the District of Columbia who provide a
significant amount of medical care to
patients with HIV or AIDS. By using a
national probability sampling strategy,
the results of the clinician survey can be
used to generate national and regional
estimates of HIV clinician supply.
HRSA will use quantitative and
qualitative methods to document and
quantify the extent of the HIV clinician
workforce surplus or shortage, predict
the future requirements for and supply
of HIV clinicians, and identify best
practice models and strategies for
expanding the capacity of HIV practices
and providers to meet the growing
demand for care.
The ultimate goal of the study will be
to develop proposed action steps that
HRSA and other federal and state
agencies can use to enhance the
capacity of the HIV clinician workforce
to achieve the targets set forth in the
2010 White House Office of HIV/AIDS
Policy’s National HIV/AIDS Strategy
and Implementation Plan.
The annual estimate of burden of the
two surveys is as follows:
Total
responses
Hours per
response
Total burden
hours
3,500
350
1
1
3,500
350
0.33
0.50
1,155
175
Total ..............................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
HIV Clinician Survey ............................................................
HIV Practice Survey .............................................................
3,850
........................
3,850
........................
1,330
Written comments and
recommendations concerning the
proposed information collection should
be sent within 30 days of this notice to
the desk officer for HRSA, either by
email to
OIRA_submission@omb.eop.gov or by
fax to (202) 395–6974. Please direct all
correspondence to the ‘‘attention of the
desk officer for HRSA.’’
VerDate Mar<15>2010
18:28 Jan 09, 2012
Jkt 226001
Dated: December 30, 2011.
Reva Harris,
Acting Director, Division of Policy and
Information Coordination.
[FR Doc. 2012–224 Filed 1–9–12; 8:45 am]
BILLING CODE 4165–15–P
PO 00000
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Criteria for Determining Priorities
Among Correctional Facility Health
Professional Shortage Areas
Health Resources and Services
Administration, HHS.
AGENCY:
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[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1494-1495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-215]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Proposed Information Collection Activity; Comment Request
Proposed Projects
Title: Child Care Development Fund (CCDF)--Reporting Improper
Payments--Instructions for States.
OMB No.: 0970-0323.
Description: Section 2 of the Improper Payments Act of 2002
provides for estimates and reports of improper payments by Federal
agencies. Subpart K of 45 CFR part 98 will require States to prepare
and submit a report of errors occurring in the administration of CCDF
grant funds once every three years.
The Office of Child Care (OCC) is completing the second 3-year
cycle of case record reviews to meet the requirements for reporting
under IPIA. The OCC has conducted ongoing evaluation of the case record
review process to determine if ``improper authorizations for payment''
remained a suitable proxy for actual ``improper payments.'' It is OCC's
determination that in some cases authorizations for payment represented
the same figure as actual payments; in other cases authorizations for
payment has represented a figure as much as 20% higher than actual
payments. Many States reported errors found during the desk audit
review process that were due to missing or insufficient documentation
or other misapplication of policy, but found that families were
determined to be eligible for services and that the actual payment
authorized was correct. Other States reported regulatory barriers in
State law which prohibits recovery of over-authorization or over-
payment as the result of agency error. As such, this information
collection will provide a methodology revision that will assess errors
in eligibility determinations that will compare the amount authorized
for payment with the actual payment.
Respondents: State grantees, the District of Columbia, and Puerto
Rico.
Annual Burden Estimates
----------------------------------------------------------------------------------------------------------------
Number of Average
Instrument Number of responses per burden hours Total burden
respondents respondent per response hours
----------------------------------------------------------------------------------------------------------------
Sampling Decisions and Fieldwork Preparation 17 1 106 1802
Plan...........................................
Record Review Worksheet......................... 17 276 6.33 29,700.36
State Improper Authorizations for Payment Report 17 1 639 10,863
Corrective Action Plan.......................... 8 1 156 1248
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Burden Hours: 43,613.36.
In compliance with the requirements of Section 506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the Administration for Children and
Families is soliciting public comment on the specific aspects of the
information collection described above. Copies of the proposed
collection of information can be obtained and comments may be forwarded
by writing to the Administration for Children and Families, Office of
Planning, Research and Evaluation, 370 L'Enfant Promenade SW.,
Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email
address: infocollection@acf.hhs.gov. All requests should be identified
by the title of the information collection.
The Department specifically requests comments on: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) the quality, utility, and clarity of the information
to be collected; and (d) ways to minimize the burden information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to
[[Page 1495]]
comments and suggestions submitted within 60 days of this publication.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2012-215 Filed 1-9-12; 8:45 am]
BILLING CODE 4184-01-P
