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10596 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
upon the conversion of M&I Bank FSB, thereby engage in extending credit and manner detailed in the SUPPLEMENTARY
Las Vegas, Nevada, from a federal servicing loans, pursuant to section INFORMATION section below.
savings bank to a national association. 225.28(b)(1) of Regulation Y; and M&I FOR FURTHER INFORMATION CONTACT:
In connection with the applications, Zion Investment II Corporation, Las Janet M. Evans, Attorney, 202–326–
Mike Merger Sub, LLC, Chicago, Illinois, Vegas, Nevada, and thereby engage in 2125, or Carolyn L. Hann, Attorney,
has also applied to become a bank extending credit and servicing loans, 202–326–2745, Division of Advertising
holding company by acquiring 100 pursuant to section 225.28(b)(1) of Practices, Bureau of Consumer
percent of the voting shares of Marshall Regulation Y. Protection, Federal Trade Commission.
& Ilsley Corporation, Milwaukee, Board of Governors of the Federal Reserve SUPPLEMENTARY INFORMATION:
Wisconsin. Applicants also have filed to System, February 18, 2011.
exercise an option to acquire up to 19.7 Background
Jennifer J. Johnson,
percent of the outstanding stock of Secretary of the Board.
The FTC previously published reports
Marshall & Ilsley Corporation. on voluntary advertising self-regulation
[FR Doc. 2011–4183 Filed 2–24–11; 8:45 am]
In connection with this application, by the alcohol industry in September
BILLING CODE 6210–01–P
Applicants also have applied to acquire 1999, September 2003, and June 2008.
M&I Investment Management Corp., The data contained in the reports was
Milwaukee, Wisconsin, and thereby based on information submitted to the
engage in financial and investment Commission, pursuant to compulsory
FEDERAL TRADE COMMISSION process, by U.S. beverage alcohol
advisory services and securities
brokerage, pursuant to sections Agency Information Collection advertisers. The FTC has authority to
225.28(b)(6) and (b)(7) of Regulation Y; Activities; Proposed Collection; compel production of this information
TCH MI Holding Company, Inc., Comment Request from advertisers under Section 6 of the
Milwaukee, Wisconsin, and thereby Federal Trade Commission Act (FTC
engage in financial and investment AGENCY: Federal Trade Commission Act), 15 U.S.C. 46. The Commission
advisory services, pursuant to section (FTC or Commission). believes that it is in the public interest
225.28(b)(6) of Regulation Y; Taplin, ACTION: Notice. to collect updated data from alcohol
Canida & Habacht, LLC, Miami, Florida, advertisers on sales and marketing
and thereby engage in financial and SUMMARY: The FTC is soliciting public expenditures, compliance with the
investment advisory services, pursuant comments on proposed information industry’s imposed self-regulatory codes
to section 225.28(b)(6) of Regulation Y; requests to beverage alcohol concerning advertising placement, the
Marshall & Ilsley Trust Company manufacturers. These comments will be status of third-party review of
National Association, Milwaukee, considered before the FTC submits a complaints regarding compliance with
Wisconsin, and thereby engage in trust request for Office of Management and the industry’s self-regulatory advertising
company functions, pursuant to section Budget (OMB) review under the standards, and alcohol industry data
225.28(b)(5) of Regulation Y; North Star Paperwork Reduction Act (PRA), 44 collection practices, and to publish a
U.S.C. 3501–3520, of compulsory report on the data obtained.
Trust Company, Chicago, Illinois, and
thereby engage in trust company process orders to alcohol advertisers. Applicability of Paperwork Reduction
functions, pursuant to section The compulsory process orders will Act
225.28(b)(5) of Regulation Y; North Star seek information from those companies
concerning, among other things, The Commission plans to address its
Deferred Exchange Corp., Chicago, information requests to the ultimate
Illinois, and thereby engage in real compliance with voluntary advertising
placement provisions, sales and U.S. parent of alcohol advertisers in
estate settlement servicing; trust order to ensure that no relevant data
company functions; tax planning and marketing expenditures, the status of
third-party review of complaints from affiliated or subsidiary companies
tax preparation services, pursuant to go unreported. Because the number of
sections 225.28(b)(2), (b)(5) and (b)(6) of regarding compliance with voluntary
advertising codes and alcohol industry separately incorporated companies
Regulation Y; M&I Exchange Services affected by the Commission’s requests
LLC, Milwaukee, Wisconsin, and data collection practices.
will presumably exceed ten entities, the
thereby engage in real estate settlement DATES: Comments on the proposed
Commission intends to seek OMB
servicing; trust company functions; tax information requests must be received clearance under the Paperwork
planning and tax preparation services, on or before April 26, 2011. Reduction Act (PRA) before requesting
pursuant to sections 225.28(b)(2), (b)(5), ADDRESSES: Interested parties are any information from beverage alcohol
and (b)(6) of Regulation Y; North Star invited to submit written comments advertisers. Under the PRA and
Realty Services, LLC, Chicago, Illinois, electronically or in paper form, by implementing OMB regulations, federal
and thereby engage in real estate following the instructions in the agencies must obtain approval from
settlement servicing; trust company Request for Comments part of the OMB for each ‘‘collection of
functions; tax planning and tax SUPPLEMENTARY INFORMATION section information’’ they conduct or sponsor if
preparation services, pursuant to below. Comments in electronic form posed to ten or more entities within any
sections 225.28(b)(2), (b)(5), and (b)(6) of should be submitted by using the twelve-month period. 44 U.S.C. 3502(3);
Regulation Y; M&I Community following Web link: https:// 5 CFR 1320.3(c). ‘‘Collection of
Development Corp., Milwaukee, ftcpublic.commentworks.com/ftc/ information’’ means agency requests or
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Wisconsin, and thereby engage in alcoholstudy2011pra (and following the requirements that members of the public
community development activities, instructions on the Web-based form). submit reports, keep records, or provide
pursuant to section 225.28(b)(12) of Comments in paper form should be information to a third party. 44 U.S.C.
Regulation Y; M&I Bank FSB, Las Vegas, mailed or delivered to the following 3501(3); 5 CFR 1320.3(c).
Nevada, and thereby operate a savings address: Federal Trade Commission,
association pursuant to section Office of the Secretary, Room HB113 Request for Comments
225.28(b)(4) of Regulation Y; M&I Zion (Annex J), 600 Pennsylvania Avenue, As required by Section 3506(c)(2) of
Holdings, Inc., Las Vegas, Nevada, and NW., Washington, DC 20580, in the the PRA, the FTC is providing this
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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 10597
opportunity for public comment before heightened security screening, please Description of the Collection of
requesting that OMB approve the study. consider submitting your comment in Information and Proposed Use
Specifically, the FTC invites comments electronic form. Comments filed in
on: (1) Whether the proposed collection The FTC proposes to send
electronic form should be submitted by
of information is necessary for the information requests to the ultimate
using the following Web link: https://
proper performance of the functions of U.S. parent companies of up to fourteen
ftcpublic.commentworks.com/ftc/
the FTC, including whether the advertisers of beer, wine, or distilled
alcoholstudy2011pra (and following the
information will have practical utility; spirits (‘‘industry members’’). The
instructions on the Web-based form). To
(2) the accuracy of the FTC’s estimate of requests will seek, among other
ensure that the Commission considers
the burden of the proposed collection of information, data regarding: (1) Sales of
an electronic comment, you must file it
information; (3) ways to enhance the beverage alcohol; (2) expenditures to
on the Web-based form at the Web link: advertise and promote beverage alcohol
quality, utility, and clarity of the https://ftcpublic.commentworks.com/
information to be collected; and (4) in measured and non-measured media;
ftc/alcoholstudy2011pra. If this Notice (3) compliance with the 70% legal
ways to minimize the burden of appears at http://www.regulations.gov/
collecting information on those who are drinking age audience composition
search/index.jsp, you may also file an advertising placement standard
to respond, including through the use of electronic comment through that Web
appropriate automated, electronic, contained in the industry’s self-
site. The Commission will consider all regulatory codes; (4) third-party or other
mechanical, or other technological comments that regulations.gov forwards
collection techniques or other forms of external compliance review
to it. You may also visit the FTC Web mechanisms; and (5) data collection
information technology, e.g., permitting site at http://www.ftc.gov to read the
electronic submission of responses. The efforts, including data collection in
Notice and the news release describing connection with digital and social
FTC encourages recipients of prior it.
compulsory process orders to offer media marketing, and efforts to avoid
suggestions on how the burden of the A comment filed in paper form collection of data from youth under the
proposed collection may be reduced. All should include the ‘‘Alcohol Reports: legal drinking age of 21, to the extent
comments should be filed as prescribed Paperwork Comment; Project No. industry members possess such data.
below, and must be received on or P114503’’ reference both in the text and It should be noted that subsequent to
before April 26, 2011. on the envelope, and should be mailed this notice, any destruction, removal,
Please also note that because your or delivered to the following address: mutilation, alteration, or falsification of
comment will be made public, you are Federal Trade Commission, Office of the documentary evidence that may be
solely responsible for ensuring that it Secretary, Room H–113 (Annex J), 600 responsive to this information collection
does not include any sensitive personal Pennsylvania Avenue, NW., within the possession or control of a
information, such as any individual’s Washington, DC 20580. The FTC is person, partnership, or corporation
Social Security number, date of birth, requesting that any comment filed in subject to the FTC Act may be subject
driver’s license number or other state paper form be sent by courier or to criminal prosecution. 15 U.S.C. 50;
identification number or foreign country overnight service, if possible, because see also 18 U.S.C. 1505.
equivalent, passport number, financial U.S. postal mail in the Washington area Estimated Hours Burden: 11,760
account number, or credit or debit card and at the Commission is subject to hours.
number. It is also your own delay due to heightened security The staff’s estimate of the hours
responsibility to ensure that your precautions. burden is based on the time required to
comment does not include any sensitive
The FTC Act and other laws the respond to each information request.
health information, such as medical
Commission administers permit the Because beverage alcohol companies
records or other individually
identifiable health information. Your collection of public comments to vary in size, the number of products
comment also should not include any consider and use in this proceeding as they sell, and the extent and variety of
‘‘[t]rade secret or any commercial or appropriate. The Commission will their advertising and promotion efforts,
financial information * * * which is consider all timely and responsive the staff has provided a range of the
privileged or confidential.’’ See Section public comments that it receives, estimated hours burden. As noted
6(f) of the FTC Act, 15 U.S.C. 46(f), and whether filed in paper or electronic above, each company will receive
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). form. Comments received will be information requests pertaining to five
No comment, whether it contains such available to the public on the FTC Web categories of information.
material or not, will be given site, to the extent practicable, at http:// Based upon its knowledge of the
confidential treatment unless the www.ftc.gov/os/publiccomments.shtm. industry, the staff estimates, on average,
comment has been filed with the FTC As a matter of discretion, the that the time required to gather,
Secretary; the comment is accompanied Commission makes every effort to organize, format, and produce responses
by a written confidentiality request that remove home contact information for to categories (1), (2), (4), and (5) will
complies fully with FTC Rule 4.9(c), 16 individuals from the public comments it range between 20 and 130 hours for
CFR 4.9(c); 1 and the General Counsel, receives before placing those comments most companies, but that the largest
in his or her sole discretion, has on the FTC Web site. More information, companies could require as many as 560
determined to grant the request in including routine uses permitted by the hours for the most time-consuming
accordance with applicable law and the Privacy Act, may be found in the FTC’s category, i.e., category (3) (placement
srobinson on DSKHWCL6B1PROD with NOTICES
public interest. privacy policy, at http://www.ftc.gov/ information). The total estimated
Because paper mail addressed to the ftc/privacy.shtm. burden per company is based on the
FTC is subject to delay due to following assumptions:
1 In particular, the written request for confidential include the factual and legal basis for the request, comment to be withheld from the public record. See
treatment that accompanies the comment must and must identify the specific portions of the FTC Rule 4.9(c), 16 CFR 4.9(c).
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10598 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
(1) Identify, obtain, and organize sales information, prepare response: 30–70 hours
(2) Identify, obtain, and organize information on advertising and marketing ex- 50–130 hours
penditures, prepare response:
(3) Identify, obtain, and organize placement information, prepare response: 240–560 hours
(4) Identify, obtain, and organize information regarding compliance review, pre- 20–40 hours
pare response:
(5) Identify, obtain, and organize information regarding data collection, prepare 20–40 hours
response:
The staff anticipates that the DEPARTMENT OF HEALTH AND Commission for recognition as a
cumulative hours burden to respond to HUMAN SERVICES national accreditation program for
the information requests will be psychiatric hospitals seeking to
between 360 and 840 hours per Office of the National Coordinator for participate in the Medicare or Medicaid
company. Nonetheless, in order to be Health Information Technology; programs. This initial 4-year approval is
conservative, the staff estimates that the Recommendations Received From the effective February 25, 2011, through
burden per company for each of up to HIT Policy Committee February 25, 2015.
fourteen intended recipients will be 840 AGENCY: Office of the National DATES: Effective Date: This final notice
hours. Accordingly, the staff estimates a Coordinator for Health Information is effective February 25, 2011.
total burden for these companies of Technology (ONC), Department of FOR FURTHER INFORMATION CONTACT: L.
approximately 11,760 hours (14 Health and Human Services (HHS). Tyler Whitaker, (410) 786–5236; Patricia
companies × 840 average burden hours ACTION: Notice. Chmielewski, (410) 786–6899.
per company). These estimates include SUPPLEMENTARY INFORMATION:
any time spent by separately SUMMARY: Section 3002(e) of the Public
Health Service Act, as amended by the I. Background
incorporated subsidiaries and other
Health Information Technology for Under the Medicare program, eligible
entities affiliated with the ultimate
Economic and Clinical Health (HITECH) beneficiaries may receive covered
parent company that has received the Act, requires the National Coordinator
information request. services in a psychiatric hospital
for Health Information Technology to provided certain requirements are met.
Estimated Cost Burden: $252,000. publish in the Federal Register and post Section 1861(f) of the Social Security
It is difficult to calculate with on the internet all policy Act (the Act) establishes distinct criteria
precision the labor costs associated with recommendations made by the HIT for facilities seeking designation as a
the information requests, as the costs Policy Committee. psychiatric hospital. The regulations at
Policy recommendations presented at
entail varying compensation levels of 42 CFR part 482, subpart E specify,
the February 2, 2011 HIT Policy
management and/or support staff among among other things, the conditions that
Committee meeting have been
companies of different sizes. Financial, a psychiatric hospital must meet to
transmitted from the HIT Policy
legal, marketing, and clerical personnel participate in the Medicare program.
Committee to the National Coordinator
may be involved in the information Regulations concerning provider
and are available on the ONC Web site:
collection process. The staff has agreements are located at 42 CFR part
http://healthit.hhs.gov/portal/server.pt/
assumed that professional personnel 489 and those pertaining to survey and
community/healthit_hhs_gov__policy_
and outside legal counsel will handle certification of facilities are at 42 CFR
recommendations/1815.
most of the tasks involved in gathering part 488.
Dated: February 14, 2011. Generally, in order to enter into a
and producing responsive information, Judith Sparrow, provider agreement, a psychiatric
and has applied an average hourly wage Office of Programs and Coordination, Office hospital must first be certified by a State
of $300/hour for their labor. Thus, the of the National Coordinator for Health survey agency as complying with the
staff estimates that the total labor costs Information Technology. conditions or requirements set forth in
per company will range between [FR Doc. 2011–4290 Filed 2–24–11; 8:45 am] section 1861(f) of the Act, and 42 CFR
$108,000 ($300 × 360 hours) and BILLING CODE 4150–45–P part 482, including the special
$252,000 ($300 × 840 hours). provisions applying to psychiatric
The staff estimates that the capital or hospitals in subpart E of our regulations.
other non-labor costs associated with DEPARTMENT OF HEALTH AND Thereafter, the psychiatric hospital is
the information requests will be HUMAN SERVICES subject to ongoing review by a State
minimal. Although the information survey agency to determine whether it
Centers for Medicare & Medicaid
requests may necessitate that industry continues to meet the Medicare
Services
members maintain the requested requirements. However, there is an
information provided to the [CMS–2326–FN] alternative to State compliance surveys.
Commission, they should already have Accreditation by a nationally-
Medicare and Medicaid Programs; recognized accreditation program can
in place the means to compile and Approval of the Joint Commission for
maintain business records. substitute for ongoing State review.
Deeming Authority for Psychiatric
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Section 1865(a)(1) of the Act provides
By direction of the Commission. Hospitals that, if a provider entity demonstrates
Donald S. Clark, AGENCY: Centers for Medicare & through accreditation by an approved
Secretary. Medicaid Services (CMS), HHS. national accreditation organization (AO)
[FR Doc. 2011–4196 Filed 2–24–11; 8:45 am] ACTION: Final notice.
that all applicable Medicare conditions
BILLING CODE 6750–01–P
are met or exceeded, we may ‘‘deem’’
SUMMARY: This notice announces our that provider entity as having met the
decision to approve the Joint requirements. Accreditation by an AO is
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