55257
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices
Total Annual Burden: The
Commission estimates the total person-
hour burden at 13,629 person-hours.
Karen V. Gregory,
Secretary.
[FR Doc. 2013–22008 Filed 9–9–13; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL RESERVE SYSTEM
Formations of, Acquisitions by, and
Mergers of Savings and Loan Holding
Companies
The companies listed in this notice
have applied to the Board for approval,
pursuant to the Home Owners’ Loan Act
(12 U.S.C. 1461 et seq.) (HOLA),
Regulation LL (12 CFR part 238), and
Regulation MM (12 CFR part 239), and
all other applicable statutes and
regulations to become a savings and
loan holding company and/or to acquire
the assets or the ownership of, control
of, or the power to vote shares of a
savings association and nonbanking
companies owned by the savings and
loan holding company, including the
companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the HOLA (12 U.S.C. 1467a(e)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 10(c)(4)(B) of the
HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless
otherwise noted, nonbanking activities
will be conducted throughout the
United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 4,
2013.
A. Federal Reserve Bank of St. Louis
(Yvonne Sparks, Community
Development Officer) P.O. Box 442, St.
Louis, Missouri 63166–2034:
1. Arvest Bank Group, Inc.,
Bentonville, Arkansas, to acquire 100
percent of the voting shares of
Metropolitan National Bank, Little Rock,
Arkansas.
Board of Governors of the Federal Reserve
System, September 4, 2013.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2013–21910 Filed 9–9–13; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Request for Comments on the Draft
Departmental Strategic Plan for FY
2014–2018
AGENCY
: Office of the Secretary, Health
and Human Services.
ACTION
: Request for comments on the
draft strategic plan FY 2014–2018.
SUMMARY
: The Department of Health and
Human Services (HHS) is seeking public
comment on its draft Strategic Plan for
fiscal years 2014–2018.
DATES
: Submit comments on or before
October 15, 2013
ADDRESSES
: Written comments can be
provided by email, fax or U.S. mail.
Fax: (202) 690–8252.
Mail: U.S. Department of Health and
Human Services, Office of the Assistant
Secretary for Planning and Evaluation,
Strategic Planning Team, Attn: Strategic
Plan Comments, 200 Independence
Avenue SW., Room 446F.8, Washington,
DC 20201.
FOR FURTHER INFORMATION CONTACT
:
Sarah Potter, (202) 260–6518.
SUPPLEMENTARY INFORMATION
: The draft
Department of Health and Human
Services FY 2014–2018 Strategic Plan is
provided as part of the strategic
planning process under the Government
Performance and Results Modernization
Act of 2010 (GPRA–MA) (Pub. L. 111–
352) to ensure that Agency stakeholders
are given an opportunity to comment on
this plan.
This document articulates how the
Department will achieve its mission
through four strategic goals. These four
strategic goals are (1) Strengthen Health
Care, (2) Advance Scientific Knowledge
and Innovation, (3) Advance the Health,
Safety, and Well-Being of the American
People, (4) Ensure Efficiency,
Transparency, Accountability, and
Effectiveness of HHS Programs. Each
goal is supported by objectives and
strategies.
The strategic planning consultation
process is an opportunity for the
Department to refine and strengthen the
strategic goal structure currently in
place. For comparison purposes, the
current HHS Strategic Plan FY 2010–
2015 can be viewed at http://
www.hhs.gov/secretary/about/priorities/
priorities.html.
The Department has made significant
progress in its strategic and performance
planning efforts. As we build on this
progress we look forward to receiving
your comments by October 15, 2013.
The text of the draft Strategic Plan FY
2014–2018 is available through the
Department of Health and Human
Services Web site at http://
www.hhs.gov/open/recordsandreports/
strategic-plan/index.html.
For those who may not have Internet
access, a hard copy can be requested
from the contact point, Sarah Potter,
202–260–6518.
Dated: September 4, 2013.
Donald B. Moulds,
Acting Assistant Secretary for Planning and
Evaluation.
[FR Doc. 2013–21993 Filed 9–9–13; 8:45 am]
BILLING CODE 4151–05–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Patient Safety and Quality
Improvement: Civil Money Penalty
Inflation Adjustment
AGENCY
: Office for Civil Rights, Office of
the Secretary, HHS.
ACTION
: Notice.
SUMMARY
: In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, the Office for
Civil Rights has determined that an
adjustment to the maximum civil money
penalty amount for violations of the
confidentiality provisions of the Patient
Safety and Quality Improvement Rule is
not required at this time.
FOR FURTHER INFORMATION CONTACT
:
Andra Wicks, 202–205–2292.
SUPPLEMENTARY INFORMATION
:
I. Background
The Patient Safety and Quality and
Improvement Act of 2005 (Patient Safety
Act), 42 U.S.C. 299b–21 to 299b–26,
amended Title IX of the Public Health
Service Act, 42 U.S.C. 299 et seq., the
authorizing statute for the Agency for
Healthcare Research and Quality. The
Patient Safety and Quality Improvement
Rule, 73 FR 70732 (Nov. 21, 2008),
implemented the requirements in the
Patient Safety Act. The Rule provides
for the listing and delisting of Patient
Safety Organizations, the confidentiality
and privilege protections of Patient
Safety Work Product (PSWP), and
procedures for enforcement against
violations of the regulations’
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55258
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices
1
Pursuant to the Debt Collection Improvement
Act’s amendment to the Federal Civil Penalties
Inflation Adjustment Act of 1990, the third-step in
adjusting a penalty amount requires that the first
adjustment of the penalty be limited to ten percent
of the penalty amount. This step is not applicable
here because the first adjustment to the CMP with
respect to the Patient Safety Act occurred on
September 24, 2009.
confidentiality requirements. In
particular, under § 3.404, a person who
discloses identifiable PSWP in knowing
or reckless violation of the Patient
Safety Act and 42 CFR part 3 shall be
subject to a civil money penalty (CMP)
of not more than $10,000 for each act
constituting a violation.
Congress enacted the Federal Civil
Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note, as amended
by the Debt Collection Improvement Act
of 1996 (31 U.S.C. 3701)) (Inflation
Adjustment Act), based on its findings
that the impact of CMPs had been
reduced by inflation and that reducing
the impact of CMPs had weakened their
deterrent effect. Inflation Adjustment
Act section 2, 28 U.S.C. 2461 note. In
general, the Inflation Adjustment Act
requires Federal agencies to issue
regulations to adjust for inflation each
CMP provided by law within their
jurisdiction. The Inflation Adjustment
Act applies to civil penalties found
within the Public Health Service Act,
such as the Patient Safety Act’s CMP
provision. The Inflation Adjustment Act
directs agencies to issue regulations to
adjust CMPs under their authority by
October 23, 1996, and to make
additional adjustments at least once
every four years thereafter based on a
specific calculation set forth in the Act.
While the Inflation Adjustment Act
CMP adjustment requirements apply to
most federal statutes, they do not apply
to CMPs included in the Social Security
Act. The CMPs for title II, subtitle F
(Administrative Simplification) of the
Health Insurance Portability and
Accountability Act of 1996 (HIPAA) are
found at section 1176 of the Social
Security Act. Thus, the Inflation
Adjustment Act does not require, or
provide authority for, the Department to
adjust the HIPAA administrative
simplification CMPs.
Because the Patient Safety Act was
enacted after October 23, 1996, we
interpret the Inflation Adjustment Act
as requiring the Department to
determine whether an adjustment for
inflation is necessary for the Patient
Safety Act’s CMP amount at least once
every four years, beginning from the
Patient Safety Act’s date of enactment,
which was July 29, 2005. Accordingly,
on August, 25, 2009, we published a
direct final rule to amend the Patient
Safety and Quality Improvement Rule
by adjusting for inflation the maximum
CMP amount for violations of the
confidentiality provisions of the Rule.
(74 FR 42777 (Aug. 25, 2009).) We chose
to use direct final rulemaking because
we did not expect to receive any adverse
comment on the rule. The Department
did not receive any adverse comments,
and the direct final rule became
effective and the Patient Safety and
Quality Improvement Rule was
amended on November 23, 2009. The
amendment increased the maximum
CMP amount from $10,000 to $11,000.
II. No Adjustment is Necessary
In accordance with the Inflation
Adjustment Act, the Office for Civil
Rights (OCR) has determined that an
adjustment to the maximum CMP
amount for violations of the
confidentiality provisions of the Patient
Safety and Quality Improvement Rule is
not required at this time.
The Inflation Adjustment Act
provides for the adjustment of a penalty
amount through a three-step process.
1
First, we calculate an increase in the
penalty amount by a ‘‘cost-of-living
adjustment.’’ Inflation Adjustment Act
section 5(a), 28 U.S.C. 2461 note. The
Inflation Adjustment Act defines the
cost-of-living adjustment as ‘‘the
percentage (if any) for each civil
monetary penalty by which—(1) the
Consumer Price Index for the month of
June of the calendar year preceding the
adjustment, exceeds (2) the Consumer
Price Index for the month of June of the
calendar year in which the amount of
such civil monetary penalty was last set
or adjusted pursuant to law.’’ Inflation
Adjustment Act section 5(b), 28 U.S.C.
2461 note. Second, we round the
adjustment amount pursuant to the
methodology set forth in section 5(a) of
the Inflation Adjustment Act, which
rounds the increase based on the size of
the underlying penalty, as follows:
Any increase determined under this
subsection shall be rounded to the
nearest—
(1) multiple of $10 in the case of
penalties less than or equal to $100;
(2) multiple of $100 in the case of
penalties greater than $100 but less than
or equal to $1,000;
(3) multiple of $1,000 in the case of
penalties greater than $1,000 but less
than or equal to $10,000;
(4) multiple of $5,000 in the case of
penalties greater than $10,000 but less
than or equal to $100,000;
(5) multiple of $10,000 in the case of
penalties greater than $100,000 but less
than or equal to $200,000; and
(6) multiple of $25,000 in the case of
penalties greater than $200,000.
With respect to step 1 of the
adjustment, the Consumer Price Index
(CPI) for June of 2012 (the calendar year
preceding publication of this Notice)
was 229.478. The CPI for June of 2009
(the calendar year the CMP was last
adjusted for inflation) was 215.693. The
percent change in these CPIs is an
increase of 6.39 percent. This leads to
an unrounded increase in the Patient
Safety Act’s CMP of $702.90.
With respect to step 2 of the
adjustment, we rounded the amount of
the increase ($702.90) to the nearest
multiple of $5,000 because the current
maximum CMP is $11,000, which
places it in tier (4) above (i.e., penalties
greater than $10,000 but less than or
equal to $100,000). The nearest multiple
of $5,000 for the $702.90 increase is
zero.
Thus, based on the above, we are not
amending 42 CFR 3.404(b) at this time,
and the current maximum CMP remains
at $11,000. As required by the Inflation
Adjustment Act, we will consider
whether an adjustment is needed again
in four years.
Dated: September 3, 2013.
Leon Rodriguez,
Director.
[FR Doc. 2013–22006 Filed 9–9–13; 8:45 am]
BILLING CODE 4153–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[30-Day–13–13OE]
Agency Forms Undergoing Paperwork
Reduction Act Review
The Centers for Disease Control and
Prevention (CDC) publishes a list of
information collection requests under
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 (404) 639–7570 or send an
email to [email protected]. Send written
comments to CDC Desk Officer, Office of
Management and Budget, Washington,
DC 20503 or by fax to (202) 395–5806.
Written comments should be received
within 30 days of this notice.
Proposed Project
Image-Assisted Cytology Workload
Assessment and Measure—New—Office
of Surveillance, Epidemiology, and
Laboratory Services (OSELS), Centers
for Disease Control and Prevention
(CDC).
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