Statement of Delegation of Authority, 71425-71426 [2014-28406]

Download as PDF rljohnson on DSK3VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Notices appropriate action or make final the agreement’s proposed order. This matter involves respondent’s advertising of the PlayStation Vita (‘‘PS Vita’’), a gaming console. Respondent first offered the PS Vita for sale in the United States on February 22, 2012, for approximately $250. The PS Vita is part of respondent’s line of game consoles, including the PlayStation 3 video game console (‘‘PS3’’), which allows consumers to play video games on their television sets. Unlike the PS3, the PS Vita is a handheld, portable game console that allows consumers to play games away from their television sets. In addition to selling game consoles, respondent is one of the many game developers writing game titles for use on its PS3 and PS Vita game consoles. At the time the PS Vita was launched, ‘‘MLB 12: The Show,’’ and ‘‘Killzone 3,’’ were popular SCEA game titles for the PS3. According to the complaint, respondent advertised several notable features of the PS Vita. First, respondent promoted the ‘‘remote play’’ feature of the PS Vita as a way that consumers could access games already residing on their PS3 consoles and play them remotely on the PS Vita anywhere with a Wi-Fi connection. Second, advertisements represented that, with the ‘‘cross platform gaming’’ or ‘‘cross save’’ feature, consumers could begin playing a game on a PS3 console, save their progress at any point in the game, and then continue that game where they left off on the PS Vita. Third, with the ‘‘3G version’’ the PS Vita, available for an extra $50 and monthly fees, advertisements represented that consumers could access a 3G network to play games live with others (‘‘multiplayer gaming’’). The complaint alleges that respondent’s advertising of these features was false or misleading and thus violates the FTC Act. With respect to the remote play feature, the FTC’s complaint alleges that respondent misrepresented that, with this feature, PS Vita users can easily access their PS3 games on the PS Vita. According to the complaint, PS Vita users could not easily access their PS3 games on the PS Vita. Indeed, most PS3 games are not remote playable on the PS Vita, and respondent did not specifically design the PS3 system to support remote play functionality. In addition, the complaint alleges as false or misleading respondent’s claim that PS Vita users can, with remote play, easily access Killzone 3 and other similar, data-rich PS3 games. Respondent never enabled remote play on its Killzone 3 title, and very few, if any, data-rich PS3 games of similar size VerDate Sep<11>2014 15:30 Dec 01, 2014 Jkt 235001 and complexity to Killzone 3 were remote play compatible on the PS Vita. The complaint also alleges that the respondent made false or misleading claims about the cross save feature of the PS Vita. Contrary to respondent’s advertisements, PS Vita users are not able to pause any PS3 game they are playing on their PS3 consoles at any point in the game, and continue to play that game where they left off on the PS Vita. The complaint states that this feature is available only for a limited number of PS3 game titles, and that the pause and save feature varies significantly by game. For example, with respect to ‘‘MLB 12: The Show,’’ consumers are able to pause and save the game to the PS Vita only after they have finished the entire baseball game (all nine innings) on the PS3. The complaint also alleges that with respect to this feature, respondent failed to disclose that, with games such as MLB 12: The Show, consumers would have to own two versions of the same game, one for the PS3 and one for the PS Vita, to use this feature. Finally, the complaint addresses advertising claims made for features relating to the 3G version of the PS Vita. Specifically, the complaint alleges as false or misleading the representation that PS Vita users who own the 3G version are able to engage in live, multiplayer gaming through a 3G network. According to the complaint, PS Vita users are restricted to asynchronous or ‘‘turn-based’’ multiplayer gaming with the 3G version of the PS Vita. The proposed consent order contains provisions designed to prevent respondent from engaging in similar acts or practices in the future, as well as a provision to redress certain consumers. Part I of the order prohibits respondent from misrepresenting any material gaming feature or capability of any Handheld Game Console Product, when used as a standalone device to play video games. Part II of the proposed order prohibits respondent from making any representation about the material capability of any Handheld or Home Game Console Product to interact with, or connect to, any other Handheld Game Console Product during gaming, unless at the time it is made, respondent possesses and relies upon competent and reliable evidence that substantiates the representation. Part III of the proposed order prohibits respondent from making any representation about the material capability of any Handheld or Home Game Console Product to interact with, or connect to, any other Handheld or PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 71425 Home Game Console Product during gaming, unless it discloses, clearly and prominently, and in close proximity to the representation, that consumers must purchase two versions of the same video game, one for each console, if such is the case. Part IV of the proposed order provides for consumer redress to ‘‘eligible purchasers’’ of the PS Vita. The proposed order defines ‘‘eligible purchasers’’ as consumers who purchased the PS Vita before June 1, 2012, and did not return it for a full refund. SCEA will offer these consumers $25 dollars in cash or credit or the alternative of a voucher (or other entitlement) for merchandise, video games, and/or services with a retail value of $50 or more. Part V of the proposed order contains recordkeeping requirements for advertisements and substantiation relevant to representations covered by Parts I through III of the order. Parts VI through VIII of the proposed order require the company to: Deliver a copy of the order to certain personnel having managerial responsibilities with respect to the subject matter of the order; notify the Commission of changes in corporate structure that might affect compliance obligations under the order; and file compliance reports with the Commission. Part IX of the proposed order 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 complaint or proposed order, or to modify the proposed order’s terms in any way. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2014–28346 Filed 12–1–14; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Statement of Delegation of Authority Notice is hereby given that I have delegated to the Director, National Institutes of Health (NIH), or his or her successor, the authorities vested in the Secretary of Health and Human Services under Section 377E (a) of the HIV Organ Policy Equity Act, (Pub. L. 113–51), which amends the Public Health Service Act to require development and E:\FR\FM\02DEN1.SGM 02DEN1 71426 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Notices publication of criteria for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (HIV) into individuals who are infected with HIV before receiving such organ. These authorities may be redelegated. Exercise of this authority shall be in accordance with established policies, procedures, guidelines, and regulations as prescribed by the Secretary. The Secretary retains the authority to submit reports to Congress and promulgate regulations. I hereby affirm and ratify any actions taken by the Director, NIH, or his or her subordinates, which involved the exercise of the authorities delegated herein prior to the effective date of the delegation. Dated: November 25, 2014. Sylvia M. Burwell, Secretary. [FR Doc. 2014–28406 Filed 12–1–14; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Financial Participation in State Assistance Expenditures; Federal Matching Shares for Medicaid, the Children’s Health Insurance Program, and Aid to Needy Aged, Blind, or Disabled Persons for October 1, 2015 Through September 30, 2016 Office of the Secretary, HHS. Notice. AGENCY: ACTION: The Federal Medical Assistance Percentages (FMAP), Enhanced Federal Medical Assistance Percentages (eFMAP), and disasterrecovery FMAP adjustments for Fiscal Year 2016 have been calculated pursuant to the Social Security Act (the Act). These percentages will be effective from October 1, 2015 through September 30, 2016. This notice announces the calculated FMAP rates that the U.S. Department of Health and Human Services (HHS) will use in determining the amount of federal matching for state medical assistance (Medicaid), Temporary Assistance for Needy Families (TANF) Contingency Funds, Child Support Enforcement collections, Child Care Mandatory and Matching Funds of the Child Care and Development Fund, Foster Care Title IV–E Maintenance payments, and Adoption Assistance payments, and the eFMAP rates for the Children’s Health Insurance Program (CHIP) expenditures. Table 1 gives figures for each of the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, rljohnson on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:30 Dec 01, 2014 Jkt 235001 American Samoa, and the Commonwealth of the Northern Mariana Islands. This notice reminds states of available disaster-recovery FMAP adjustments for qualifying states, and adjustments available for states meeting requirements for negative growth in total state personal income. This notice also contains the increased eFMAPs for CHIP as authorized under the Patient Protection and Affordable Care Act (Affordable Care Act) for fiscal years 2016 through 2019 (October 1, 2015 through September 30, 2019). Programs under title XIX of the Act exist in each jurisdiction. Programs under titles I, X, and XIV operate only in Guam and the Virgin Islands, while a program under title XVI (Aid to the Aged, Blind, or Disabled) operates only in Puerto Rico. The percentages in this notice apply to state expenditures for most medical assistance and child health assistance, and assistance payments for certain social services. The Act provides separately for federal matching of administrative costs. Sections 1905(b) and 1101(a)(8)(B) of the Social Security Act (the Act) require the Secretary of HHS to publish the FMAP rates each year. The Secretary calculates the percentages, using formulas in sections 1905(b) and 1101(a)(8), and calculations by the Department of Commerce of average income per person in each state and for the Nation as a whole. The percentages must fall within the upper and lower limits specified in section 1905(b) of the Act. The percentages for the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands are specified in statute, and thus are not based on the statutory formula that determines the percentages for the 50 states. Federal Medical Assistance Percentage (FMAP) Section 1905(b) of the Act specifies the formula for calculating FMAPs as follows: ‘‘ ‘‘Federal medical assistance percentage’’ 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 Federal medical assistance percentage shall in no case be less than 50 per centum or more than 83 per centum, (2) the Federal medical assistance percentage for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall be 55 percent. . . .’’ PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Section 4725(b) 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 and XXI shall be 70 percent. For the District of Columbia, we note under Table 1 that other rates may apply in certain other programs. In addition, we note the rate that applies for Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in certain other programs pursuant to section 1118 of the Act. The rates for the States, District of Columbia and the territories are displayed in Table 1, Column 1. Section 1905(y) of the Act, as added by section 2001 of the Patient Protection and Affordable Care Act of 2010 (’’Affordable Care Act’’), provides for a significant increase in the Federal Medical Assistance Percentage (FMAP) for medical expenditures for individuals determined eligible under the new adult group in the state and who will be considered to be ‘‘newly eligible’’ in 2014, as defined in section 1905(y)(2)(A) of the Act. The FMAP for these newly eligible individuals will be 100 percent for Calendar Years 2014, 2015, and 2016, gradually declining to 90 percent in 2020 where it remains indefinitely. In addition, section 1905(z) of the Act, as added by section 10201 of the Affordable Care Act, provides that states that had expanded substantial coverage to low-income parents and nonpregnant adults without children prior to the enactment of the Affordable Care Act, referred to as ‘‘expansion states,’’ shall receive an enhanced FMAP that begins in 2014 for nonpregnant childless adults who may be required to enroll in benchmark coverage. These provisions are discussed in more detail in the Medicaid Eligibility proposed rule published on August 17, 2011 (76 FR 51172) and the final rule published on March 23, 2012 (77 FR 17143). Adjustments to the FMAP For purposes of Title XIX (Medicaid) of the Social Security Act, the Federal Medical Assistance Percentage (FMAP), defined in section 1905(b) of the Social Security Act, for each state beginning with fiscal year 2006 is subject to an adjustment pursuant to section 614 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111–3. Section 614 of CHIPRA stipulates that a state’s FMAP under Title XIX (Medicaid) must be adjusted in two situations. In the first situation, if a state experiences positive growth in total personal income and an employer in that state has made a significantly E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Notices]
[Pages 71425-71426]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28406]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Statement of Delegation of Authority

    Notice is hereby given that I have delegated to the Director, 
National Institutes of Health (NIH), or his or her successor, the 
authorities vested in the Secretary of Health and Human Services under 
Section 377E (a) of the HIV Organ Policy Equity Act, (Pub. L. 113-51), 
which amends the Public Health Service Act to require development and

[[Page 71426]]

publication of criteria for the conduct of research relating to 
transplantation of organs from donors infected with human 
immunodeficiency virus (HIV) into individuals who are infected with HIV 
before receiving such organ.
    These authorities may be redelegated. Exercise of this authority 
shall be in accordance with established policies, procedures, 
guidelines, and regulations as prescribed by the Secretary. The 
Secretary retains the authority to submit reports to Congress and 
promulgate regulations.
    I hereby affirm and ratify any actions taken by the Director, NIH, 
or his or her subordinates, which involved the exercise of the 
authorities delegated herein prior to the effective date of the 
delegation.

    Dated: November 25, 2014.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2014-28406 Filed 12-1-14; 8:45 am]
BILLING CODE 4140-01-P

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