Proposed Data Collections Submitted for Public Comment and Recommendations, 3429-3430 [2013-00806]
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Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with
We also disagree with Commissioner
Ohlhausen’s claim that the proposed
settlement with Google creates
uncertainty for market participants. In
our view, it does just the opposite. By
taking action that may deter the owners
of standard-essential patents from
unilaterally defining the terms of
FRAND agreements through the exercise
of leverage acquired solely through the
standard-setting process, we protect the
integrity of that process. Moreover, we
believe the procedures outlined in the
proposed settlement will provide useful
guidance to market participants,
including SSOs, in developing a
predictable approach to resolve
licensing disputes involving standardessential patents. This will benefit all
stakeholders, including patentees,
implementers, and consumers.
We also believe that Commissioner
Ohlhausen is incorrect in her claim that
our allegations are in conflict with prior
court rulings and in particular with
certain findings of the district court in
Apple, Inc. v. Motorola Mobility, Inc.12
The court’s determination in that case,
made in connection with a decision on
a motion in limine—not a trial on the
merits—concerned the application of
Wisconsin contract law. At most, the
ruling suggests there is a question of fact
as to whether Motorola’s injunctive
relief claims violated its contract with
the SSOs.13 The evidence before us
provides us with sufficient reason to
believe that a violation of Google and
MMI’s FRAND commitments
occurred.14
Finally, we are not persuaded by
Commissioner Ohlhausen’s argument
that the conduct alleged in the
¶¶20–21 (alleging Google’s monopoly power);
Commissioner J. Thomas Rosch, The Path You Need
Not Travel: Observations on Why Canada Can Do
Without Section 5 (Feb. 4, 2010), at 5 (identifying
harm to competition as a limiting principle for
Section 5) with Complaint ¶ 28 (alleging harm to
competition).
12 2012 U.S. Dist. LEXIS 181854, *35–46 (W.D.
Wis. Oct. 29, 2012).
13 The court denied Motorola’s motion seeking a
ruling that as a matter of law it could not have
violated its FRAND commitments, establishing the
existence of a fact issue. Id. at *45–46.
14 We also disagree with our colleague as to the
relevance of Commonwealth Sci. & Indus. Research
Organisation v. Buffalo Tech. Inc., 492 F. Supp. 2d
600 (E.D. Tex. 2007) (‘‘CISRO’’), to the
Commission’s action here. Commissioner
Ohlhausen cites CISRO for the proposition that ‘‘it
should have been a reasonable expectation since
that time [the decision of CISRO in 2007] to IEEE
members (including affected parties here) that an
injunction could issue in certain situations even on
a RAND-encumbered SEP.’’ See Dissenting
Statement at 5. We agree that injunctions may issue
in certain situations even when a RANDencumbered SEP is involved, such as when a
licensee is unwilling to license on FRAND terms—
and have embedded this concept in the Proposed
Decision and Order in both Bosch and this case.
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Commission’s complaint implicates the
First Amendment and the NoerrPennington doctrine. As noted above,
we have reason to believe that MMI
willingly gave up its right to seek
injunctive relief when it made the
FRAND commitments at issue in this
case.15 We do not believe that imposing
Section 5 liability where a SEP holder
violates its FRAND commitments
offends the First Amendment because
doing so in such circumstances ‘‘simply
requires those making promises to keep
them.’’ 16
By direction of the Commission,
Commissioner Rosch and Commissioner
Ohlhausen abstaining.
Donald S. Clark,
Secretary.
[FR Doc. 2013–00837 Filed 1–15–13; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–13–0915]
Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–7570 or send
comments to Ron Otten, at 1600 Clifton
Road, MS–D74, Atlanta, GA 30333 or
send an email to omb@cdc.gov.
Comments are invited 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)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
15 See, e.g., Powertech Technology, Inc. v.
Tessera, Inc., 2012 U.S. Dist. LEXIS 70630, *17–18
(N.D. Cal. May 21, 2012) (holding that when the
patent holder had contracted away its rights to
bring claims before the United States International
Trade Commission, a challenge to a breach of that
commitment was not barred by Noerr).
16 Cohen v. Cowles Media Co., 501 U.S. 663, 670–
71 (1991).
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3429
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
Formative Research to Support the
Development of Sickle Cell Disease
Educational Messages and Materials for
the Division of Blood Disorders (0920–
0915, Expiration 01/31/2013)—
Extension—National Center on Birth
Defects and Developmental Disabilities
(NCBDDD), Centers for Disease Control
and Prevention (CDC).
Background and Brief Description
CDC seeks to improve the quality of
life of people living with sickle cell
disease (SCD). To accomplish this goal,
CDC aims to address the need for
educational messages and materials for
adolescents, young adults, adults, and
older adults living with SCD. CDC is
interested in understanding the
informational needs of these audiences
related to the adoption of healthy
behaviors and the prevention of
complications associated with sickle
cell disease. To develop valuable
messages and materials, CDC will
conduct formative focus groups with
people with SCD across the country.
Participants will stem from four urban
centers as well as more remote, rural
areas. Based on the findings from the
formative focus groups, CDC will
develop and test draft messages.
A total of 10 focus groups will be
conducted. Eight focus groups with
people with SCD would be held in four
cities: Atlanta, GA; Detroit, MI;
Oakland, CA; and Philadelphia, PA.
Two in-person focus groups—one with
males and one with females—will be
conducted in each city with each target
audience: adolescents aged 15–17,
young adults aged 18–25, adults aged
26–35, and older adults 36 and over. To
reach more rural participants, two
telephone focus groups will be
conducted: one with female adolescents
aged 15–17 and a second with male
older adults aged 36 and older.
The focus groups will be conducted
with eight to nine participants in each
and will last no more than 2 hours. The
use of trained moderators and a
structured moderator’s guide will
ensure that consistent data are collected
across the groups. In total, up to 90
people with SCD will participate in the
focus group data collection. It is
estimated that 120 potential participants
will need to be screened to reach the
target of 90 participants. The estimated
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3430
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Notices
time per response for screening and
recruitment is 12 minutes, for a total
annualized burden of 204 hours.
This request is submitted to extend
OMB clearance for one year. There is no
cost to respondents other than their
time.
ESTIMATED ANNUALIZED BURDEN HOURS
Number
responses per
respondent
Number of
respondents
Average
burden per
response
(in hours)
Total burden
hours
Type of respondent
Form name
Parents of adolescents (aged 15–17)
living with SCD.
Young adults (aged 18–25) living
with SCD
Adults (aged 26–35) living with SCD
Older adults (aged 36+) living with
SCD
Parents of adolescents (aged 15–17)
living with SCD.
Young adults (aged 18–25) living
with SCD
Adults (aged 26–35) living with SCD
Older adults (aged 36+) living with
SCD.
Participant Screener and Recruitment Script.
120
1
12/60
24
Focus Group Moderator’s Guide .....
90
1
2
180
Total ...........................................
..........................................................
........................
........................
........................
204
Dated: January 8, 2013.
Ron A. Otten,
Director, Office of Scientific Integrity (OSI),
Office of the Associate Director for Science
(OADS), Office of the Director, Centers for
Disease Control and Prevention.
[FR Doc. 2013–00806 Filed 1–15–13; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the 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. Written comments should
be received within 60 days of this
notice.
Proposed Data Collections Submitted
for Public Comment and
Recommendations
Proposed Project
Colorectal Cancer Screening Program
(OMB No. 0920–0745, exp. 6/30/2013)—
Extension—National Center for Chronic
Disease Prevention and Health
Promotion (NCCDPHP), Centers for
Disease Control and Prevention (CDC).
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–7570 or send
comments to Ron Otten, 1600 Clifton
Road, MS–D74, Atlanta, GA 30333 or
send an email to omb@cdc.gov.
Comments are invited 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
Background and Brief Description
Of cancers affecting both men and
women, Colorectal Cancer (CRC) is the
second leading cause of cancer-related
deaths in the United States. Based on
scientific evidence which indicates that
regular screening is effective in reducing
CRC incidence and mortality, regular
CRC screening is now recommended for
adults starting at age 50 and continuing
until age 75 years. Screening tests that
are recommended by the United States
Preventive Services Task Force, and that
may be used alone or in combination,
include fecal occult blood testing
(FOBT), fecal immunochemical testing
(FIT), flexible sigmoidoscopy, and
colonoscopy.
In 2005, CDC established a three-year
demonstration program, subsequently
extended to four years, to screen low-
Centers for Disease Control and
Prevention
mstockstill on DSK4VPTVN1PROD with
[60Day–13–0745]
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17:01 Jan 15, 2013
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income individuals 50 years of age and
older who have no health insurance or
inadequate health insurance for CRC.
The five demonstration sites reported
information to CDC including deidentified, patient-level demographic,
screening, diagnostic, treatment,
outcome and cost reimbursement data
(Colorectal Cancer Screening
Demonstration Program, OMB No.
0920–0745, exp. 7/31/2010). The
information was used to assess the
feasibility and cost effectiveness of a
publicly funded screening program,
describe key outcomes, and guide
program expansion.
In 2009, CDC received additional
funding from Congress and established
the expanded Colorectal Cancer Control
Program (CRCCP) to increase screening
rates in the general population through
evidence-based screening provision and
screening promotion activities. All
funded sites provide CRC screening and
follow-up services to low-income men
and women who are underinsured or
uninsured for CRC screening. Funded
sites also plan and implement program
activities that promote CRC screening in
the general population through policy,
systems, community and individual
level interventions. With expanded
CRCCP support, the number of sites
funded to provide CRC screening
services increased from five to 26 and
the original information collection was
revised. Changes incorporated through
the revision process included an
increase in the number of respondents;
simplification of the clinical data
collection based on experience with the
five demonstration program sites;
E:\FR\FM\16JAN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3429-3430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00806]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
[60Day-13-0915]
Proposed Data Collections Submitted for Public Comment and
Recommendations
In compliance with the requirement of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for opportunity for public comment on
proposed data collection projects, the Centers for Disease Control and
Prevention (CDC) will publish periodic summaries of proposed projects.
To request more information on the proposed projects or to obtain a
copy of the data collection plans and instruments, call 404-639-7570 or
send comments to Ron Otten, at 1600 Clifton Road, MS-D74, Atlanta, GA
30333 or send an email to omb@cdc.gov.
Comments are invited 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) ways to enhance the quality,
utility, and clarity of the 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. Written comments should be received
within 60 days of this notice.
Proposed Project
Formative Research to Support the Development of Sickle Cell
Disease Educational Messages and Materials for the Division of Blood
Disorders (0920-0915, Expiration 01/31/2013)--Extension--National
Center on Birth Defects and Developmental Disabilities (NCBDDD),
Centers for Disease Control and Prevention (CDC).
Background and Brief Description
CDC seeks to improve the quality of life of people living with
sickle cell disease (SCD). To accomplish this goal, CDC aims to address
the need for educational messages and materials for adolescents, young
adults, adults, and older adults living with SCD. CDC is interested in
understanding the informational needs of these audiences related to the
adoption of healthy behaviors and the prevention of complications
associated with sickle cell disease. To develop valuable messages and
materials, CDC will conduct formative focus groups with people with SCD
across the country. Participants will stem from four urban centers as
well as more remote, rural areas. Based on the findings from the
formative focus groups, CDC will develop and test draft messages.
A total of 10 focus groups will be conducted. Eight focus groups
with people with SCD would be held in four cities: Atlanta, GA;
Detroit, MI; Oakland, CA; and Philadelphia, PA. Two in-person focus
groups--one with males and one with females--will be conducted in each
city with each target audience: adolescents aged 15-17, young adults
aged 18-25, adults aged 26-35, and older adults 36 and over. To reach
more rural participants, two telephone focus groups will be conducted:
one with female adolescents aged 15-17 and a second with male older
adults aged 36 and older.
The focus groups will be conducted with eight to nine participants
in each and will last no more than 2 hours. The use of trained
moderators and a structured moderator's guide will ensure that
consistent data are collected across the groups. In total, up to 90
people with SCD will participate in the focus group data collection. It
is estimated that 120 potential participants will need to be screened
to reach the target of 90 participants. The estimated
[[Page 3430]]
time per response for screening and recruitment is 12 minutes, for a
total annualized burden of 204 hours.
This request is submitted to extend OMB clearance for one year.
There is no cost to respondents other than their time.
Estimated Annualized Burden Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average
Number of Number burden per Total burden
Type of respondent Form name respondents responses per response (in hours
respondent hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parents of adolescents (aged 15-17) living with Participant Screener and Recruitment 120 1 12/60 24
SCD. Script.
Young adults (aged 18-25) living with SCD
Adults (aged 26-35) living with SCD
Older adults (aged 36+) living with SCD
Parents of adolescents (aged 15-17) living with Focus Group Moderator's Guide.......... 90 1 2 180
SCD.
Young adults (aged 18-25) living with SCD
Adults (aged 26-35) living with SCD
Older adults (aged 36+) living with SCD........
---------------------------------------------------------------
Total...................................... ....................................... .............. .............. .............. 204
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: January 8, 2013.
Ron A. Otten,
Director, Office of Scientific Integrity (OSI), Office of the Associate
Director for Science (OADS), Office of the Director, Centers for
Disease Control and Prevention.
[FR Doc. 2013-00806 Filed 1-15-13; 8:45 am]
BILLING CODE 4163-18-P
