Federal Register/Vol. 78, No. 175/Tuesday, September 10, 2013

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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.

Email: [email protected].

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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Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices

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.

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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