10596 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 

upon the conversion of M&I Bank FSB, 

Las Vegas, Nevada, from a federal 

savings bank to a national association. 

In connection with the applications, 

Mike Merger Sub, LLC, Chicago, Illinois, 

has also applied to become a bank 

holding company by acquiring 100 

percent of the voting shares of Marshall 

& Ilsley Corporation, Milwaukee, 

Wisconsin. Applicants also have filed to 

exercise an option to acquire up to 19.7 

percent of the outstanding stock of 

Marshall & Ilsley Corporation. 

In connection with this application, 

Applicants also have applied to acquire 

M&I Investment Management Corp., 

Milwaukee, Wisconsin, and thereby 

engage in financial and investment 

advisory services and securities 

brokerage, pursuant to sections 

225.28(b)(6) and (b)(7) of Regulation Y; 

TCH MI Holding Company, Inc., 

Milwaukee, Wisconsin, and thereby 

engage in financial and investment 

advisory services, pursuant to section 

225.28(b)(6) of Regulation Y; Taplin, 

Canida & Habacht, LLC, Miami, Florida, 

and thereby engage in financial and 

investment advisory services, pursuant 

to section 225.28(b)(6) of Regulation Y; 

Marshall & Ilsley Trust Company 

National Association, Milwaukee, 

Wisconsin, and thereby engage in trust 

company functions, pursuant to section 

225.28(b)(5) of Regulation Y; North Star 

Trust Company, Chicago, Illinois, and 

thereby engage in trust company 

functions, pursuant to section 

225.28(b)(5) of Regulation Y; North Star 

Deferred Exchange Corp., Chicago, 

Illinois, and thereby engage in real 

estate settlement servicing; trust 

company functions; tax planning and 

tax preparation services, pursuant to 

sections 225.28(b)(2), (b)(5) and (b)(6) of 

Regulation Y; M&I Exchange Services 

LLC, Milwaukee, Wisconsin, and 

thereby engage in real estate settlement 

servicing; trust company functions; tax 

planning and tax preparation services, 

pursuant to sections 225.28(b)(2), (b)(5), 

and (b)(6) of Regulation Y; North Star 

Realty Services, LLC, Chicago, Illinois, 

and thereby engage in real estate 

settlement servicing; trust company 

functions; tax planning and tax 

preparation services, pursuant to 

sections 225.28(b)(2), (b)(5), and (b)(6) of 

Regulation Y; M&I Community 

Development Corp., Milwaukee, 

Wisconsin, and thereby engage in 

community development activities, 

pursuant to section 225.28(b)(12) of 

Regulation Y; M&I Bank FSB, Las Vegas, 

Nevada, and thereby operate a savings 

association pursuant to section 

225.28(b)(4) of Regulation Y; M&I Zion 

Holdings, Inc., Las Vegas, Nevada, and 

thereby engage in extending credit and 

servicing loans, pursuant to section 

225.28(b)(1) of Regulation Y; and M&I 

Zion Investment II Corporation, Las 

Vegas, Nevada, and thereby engage in 

extending credit and servicing loans, 

pursuant to section 225.28(b)(1) of 

Regulation Y. 

Board of Governors of the Federal Reserve 

System, February 18, 2011. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 2011–4183 Filed 2–24–11; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Notice. 

SUMMARY: The FTC is soliciting public 

comments on proposed information 

requests to beverage alcohol 

manufacturers. These comments will be 

considered before the FTC submits a 

request for Office of Management and 

Budget (OMB) review under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501–3520, of compulsory 

process orders to alcohol advertisers. 

The compulsory process orders will 

seek information from those companies 

concerning, among other things, 

compliance with voluntary advertising 

placement provisions, sales and 

marketing expenditures, the status of 

third-party review of complaints 

regarding compliance with voluntary 

advertising codes and alcohol industry 

data collection practices. 

DATES: Comments on the proposed 

information requests must be received 

on or before April 26, 2011. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form, by 

following the instructions in the 

Request for Comments part of the 

SUPPLEMENTARY INFORMATION section 

below. Comments in electronic form 

should be submitted by using the 

following Web link: https:// 

ftcpublic.commentworks.com/ftc/ 

alcoholstudy2011pra (and following the 

instructions on the Web-based form). 

Comments in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room HB113 

(Annex J), 600 Pennsylvania Avenue, 

NW., Washington, DC 20580, in the 

manner detailed in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: 

Janet M. Evans, Attorney, 202–326– 

2125, or Carolyn L. Hann, Attorney, 

202–326–2745, Division of Advertising 

Practices, Bureau of Consumer 

Protection, Federal Trade Commission. 

SUPPLEMENTARY INFORMATION: 

Background 

The FTC previously published reports 

on voluntary advertising self-regulation 

by the alcohol industry in September 

1999, September 2003, and June 2008. 

The data contained in the reports was 

based on information submitted to the 

Commission, pursuant to compulsory 

process, by U.S. beverage alcohol 

advertisers. The FTC has authority to 

compel production of this information 

from advertisers under Section 6 of the 

Federal Trade Commission Act (FTC 

Act), 15 U.S.C. 46. The Commission 

believes that it is in the public interest 

to collect updated data from alcohol 

advertisers on sales and marketing 

expenditures, compliance with the 

industry’s imposed self-regulatory codes 

concerning advertising placement, the 

status of third-party review of 

complaints regarding compliance with 

the industry’s self-regulatory advertising 

standards, and alcohol industry data 

collection practices, and to publish a 

report on the data obtained. 

Applicability of Paperwork Reduction 

Act 

The Commission plans to address its 

information requests to the ultimate 

U.S. parent of alcohol advertisers in 

order to ensure that no relevant data 

from affiliated or subsidiary companies 

go unreported. Because the number of 

separately incorporated companies 

affected by the Commission’s requests 

will presumably exceed ten entities, the 

Commission intends to seek OMB 

clearance under the Paperwork 

Reduction Act (PRA) before requesting 

any information from beverage alcohol 

advertisers. Under the PRA and 

implementing OMB regulations, federal 

agencies must obtain approval from 

OMB for each ‘‘collection of 

information’’ they conduct or sponsor if 

posed to ten or more entities within any 

twelve-month period. 44 U.S.C. 3502(3); 

5 CFR 1320.3(c). ‘‘Collection of 

information’’ means agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. 44 U.S.C. 

3501(3); 5 CFR 1320.3(c). 

Request for Comments 

As required by Section 3506(c)(2) of 

the PRA, the FTC is providing this 


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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 10597 

1 In particular, the written request for confidential 

treatment that accompanies the comment must 

include the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. See 

FTC Rule 4.9(c), 16 CFR 4.9(c). 

opportunity for public comment before 

requesting that OMB approve the study. 

Specifically, the FTC invites comments 

on: (1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the FTC, including whether the 

information will have practical utility; 

(2) the accuracy of the FTC’s estimate of 

the burden of the proposed collection of 

information; (3) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (4) 

ways to minimize the burden of 

collecting information on those who are 

to respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. The 

FTC encourages recipients of prior 

compulsory process orders to offer 

suggestions on how the burden of the 

proposed collection may be reduced. All 

comments should be filed as prescribed 

below, and must be received on or 

before April 26, 2011. 

Please also note that because your 

comment will be made public, you are 

solely responsible for ensuring that it 

does not include any sensitive personal 

information, such as any individual’s 

Social Security number, date of birth, 

driver’s license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. It is also your own 

responsibility to ensure that your 

comment does not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. Your 

comment also should not include any 

‘‘[t]rade secret or any commercial or 

financial information * * * which is 

privileged or confidential.’’ See Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). 

No comment, whether it contains such 

material or not, will be given 

confidential treatment unless the 

comment has been filed with the FTC 

Secretary; the comment is accompanied 

by a written confidentiality request that 

complies fully with FTC Rule 4.9(c), 16 

CFR 4.9(c); 1 and the General Counsel, 

in his or her sole discretion, has 

determined to grant the request in 

accordance with applicable law and the 

public interest. 

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comment in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following Web link: https:// 

ftcpublic.commentworks.com/ftc/ 

alcoholstudy2011pra (and following the 

instructions on the Web-based form). To 

ensure that the Commission considers 

an electronic comment, you must file it 

on the Web-based form at the Web link: 

https://ftcpublic.commentworks.com/ 

ftc/alcoholstudy2011pra. If this Notice 

appears at http://www.regulations.gov/ 

search/index.jsp, you may also file an 

electronic comment through that Web 

site. The Commission will consider all 

comments that regulations.gov forwards 

to it. You may also visit the FTC Web 

site at http://www.ftc.gov to read the 

Notice and the news release describing 

it. 

A comment filed in paper form 

should include the ‘‘Alcohol Reports: 

Paperwork Comment; Project No. 

P114503’’ reference both in the text and 

on the envelope, and should be mailed 

or delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H–113 (Annex J), 600 

Pennsylvania Avenue, NW., 

Washington, DC 20580. The FTC is 

requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC Web 

site, to the extent practicable, at http:// 

www.ftc.gov/os/publiccomments.shtm. 

As a matter of discretion, the 

Commission makes every effort to 

remove home contact information for 

individuals from the public comments it 

receives before placing those comments 

on the FTC Web site. More information, 

including routine uses permitted by the 

Privacy Act, may be found in the FTC’s 

privacy policy, at http://www.ftc.gov/ 

ftc/privacy.shtm. 

Description of the Collection of 

Information and Proposed Use 

The FTC proposes to send 

information requests to the ultimate 

U.S. parent companies of up to fourteen 

advertisers of beer, wine, or distilled 

spirits (‘‘industry members’’). The 

requests will seek, among other 

information, data regarding: (1) Sales of 

beverage alcohol; (2) expenditures to 

advertise and promote beverage alcohol 

in measured and non-measured media; 

(3) compliance with the 70% legal 

drinking age audience composition 

advertising placement standard 

contained in the industry’s selfregulatory codes; (4) third-party or other 

external compliance review 

mechanisms; and (5) data collection 

efforts, including data collection in 

connection with digital and social 

media marketing, and efforts to avoid 

collection of data from youth under the 

legal drinking age of 21, to the extent 

industry members possess such data. 

It should be noted that subsequent to 

this notice, any destruction, removal, 

mutilation, alteration, or falsification of 

documentary evidence that may be 

responsive to this information collection 

within the possession or control of a 

person, partnership, or corporation 

subject to the FTC Act may be subject 

to criminal prosecution. 15 U.S.C. 50; 

see also 18 U.S.C. 1505. 

Estimated Hours Burden: 11,760 

hours. 

The staff’s estimate of the hours 

burden is based on the time required to 

respond to each information request. 

Because beverage alcohol companies 

vary in size, the number of products 

they sell, and the extent and variety of 

their advertising and promotion efforts, 

the staff has provided a range of the 

estimated hours burden. As noted 

above, each company will receive 

information requests pertaining to five 

categories of information. 

Based upon its knowledge of the 

industry, the staff estimates, on average, 

that the time required to gather, 

organize, format, and produce responses 

to categories (1), (2), (4), and (5) will 

range between 20 and 130 hours for 

most companies, but that the largest 

companies could require as many as 560 

hours for the most time-consuming 

category, i.e., category (3) (placement 

information). The total estimated 

burden per company is based on the 

following assumptions: 


srobinson on DSKHWCL6B1PROD with NOTICES
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 expenditures, prepare response: 50–130 hours 

(3) Identify, obtain, and organize placement information, prepare response: 240–560 hours 

(4) Identify, obtain, and organize information regarding compliance review, prepare response: 20–40 hours 

(5) Identify, obtain, and organize information regarding data collection, prepare 

response: 

20–40 hours 

The staff anticipates that the 

cumulative hours burden to respond to 

the information requests will be 

between 360 and 840 hours per 

company. Nonetheless, in order to be 

conservative, the staff estimates that the 

burden per company for each of up to 

fourteen intended recipients will be 840 

hours. Accordingly, the staff estimates a 

total burden for these companies of 

approximately 11,760 hours (14 

companies × 840 average burden hours 

per company). These estimates include 

any time spent by separately 

incorporated subsidiaries and other 

entities affiliated with the ultimate 

parent company that has received the 

information request. 

Estimated Cost Burden: $252,000. 

It is difficult to calculate with 

precision the labor costs associated with 

the information requests, as the costs 

entail varying compensation levels of 

management and/or support staff among 

companies of different sizes. Financial, 

legal, marketing, and clerical personnel 

may be involved in the information 

collection process. The staff has 

assumed that professional personnel 

and outside legal counsel will handle 

most of the tasks involved in gathering 

and producing responsive information, 

and has applied an average hourly wage 

of $300/hour for their labor. Thus, the 

staff estimates that the total labor costs 

per company will range between 

$108,000 ($300 × 360 hours) and 

$252,000 ($300 × 840 hours). 

The staff estimates that the capital or 

other non-labor costs associated with 

the information requests will be 

minimal. Although the information 

requests may necessitate that industry 

members maintain the requested 

information provided to the 

Commission, they should already have 

in place the means to compile and 

maintain business records. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2011–4196 Filed 2–24–11; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the National Coordinator for 

Health Information Technology; 

Recommendations Received From the 

HIT Policy Committee 

AGENCY: Office of the National 

Coordinator for Health Information 

Technology (ONC), Department of 

Health and Human Services (HHS). 

ACTION: Notice. 

SUMMARY: Section 3002(e) of the Public 

Health Service Act, as amended by the 

Health Information Technology for 

Economic and Clinical Health (HITECH) 

Act, requires the National Coordinator 

for Health Information Technology to 

publish in the Federal Register and post 

on the internet all policy 

recommendations made by the HIT 

Policy Committee. 

Policy recommendations presented at 

the February 2, 2011 HIT Policy 

Committee meeting have been 

transmitted from the HIT Policy 

Committee to the National Coordinator 

and are available on the ONC Web site: 

http://healthit.hhs.gov/portal/server.pt/

community/healthit_hhs_gov__policy_

recommendations/1815. 

Dated: February 14, 2011. 

Judith Sparrow, 

Office of Programs and Coordination, Office 

of the National Coordinator for Health 

Information Technology. 

[FR Doc. 2011–4290 Filed 2–24–11; 8:45 am] 

BILLING CODE 4150–45–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[CMS–2326–FN] 

Medicare and Medicaid Programs; 

Approval of the Joint Commission for 

Deeming Authority for Psychiatric 

Hospitals 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final notice. 

SUMMARY: This notice announces our 

decision to approve the Joint 

Commission for recognition as a 

national accreditation program for 

psychiatric hospitals seeking to 

participate in the Medicare or Medicaid 

programs. This initial 4-year approval is 

effective February 25, 2011, through 

February 25, 2015. 

DATES: Effective Date: This final notice 

is effective February 25, 2011. 

FOR FURTHER INFORMATION CONTACT: L. 

Tyler Whitaker, (410) 786–5236; Patricia 

Chmielewski, (410) 786–6899. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Medicare program, eligible 

beneficiaries may receive covered 

services in a psychiatric hospital 

provided certain requirements are met. 

Section 1861(f) of the Social Security 

Act (the Act) establishes distinct criteria 

for facilities seeking designation as a 

psychiatric hospital. The regulations at 

42 CFR part 482, subpart E specify, 

among other things, the conditions that 

a psychiatric hospital must meet to 

participate in the Medicare program. 

Regulations concerning provider 

agreements are located at 42 CFR part 

489 and those pertaining to survey and 

certification of facilities are at 42 CFR 

part 488. 

Generally, in order to enter into a 

provider agreement, a psychiatric 

hospital must first be certified by a State 

survey agency as complying with the 

conditions or requirements set forth in 

section 1861(f) of the Act, and 42 CFR 

part 482, including the special 

provisions applying to psychiatric 

hospitals in subpart E of our regulations. 

Thereafter, the psychiatric hospital is 

subject to ongoing review by a State 

survey agency to determine whether it 

continues to meet the Medicare 

requirements. However, there is an 

alternative to State compliance surveys. 

Accreditation by a nationallyrecognized accreditation program can 

substitute for ongoing State review. 

Section 1865(a)(1) of the Act provides 

that, if a provider entity demonstrates 

through accreditation by an approved 

national accreditation organization (AO) 

that all applicable Medicare conditions 

are met or exceeded, we may ‘‘deem’’ 

that provider entity as having met the 

requirements. Accreditation by an AO is 


srobinson on DSKHWCL6B1PROD with NOTICES