Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 13619 

against disclosure of information 

pursuant to a contract under Part B of 

Title XI of the Act, except that 

authorities for controlling fraud and 

abuse under Section 1160(b) of the Act 

shall be exercised by the Office of 

Inspector General. 

This delegation of authority 

supersedes the authorities delegated 

under Part A (42 U.S.C. 1301 et seq.) of 

Title XI of the Act and Part B (42 U.S.C. 

1320c et seq.) of Title XI of the Act that 

were published in the Federal Register 

notice on September 6, 1984, including 

the authorities contained in paragraphs 

C.1.—15., and D. of Section F.30— 

Delegations of Authority; and includes 

F.40.—Reservations of Authority, 1.— 

Under Part B of Title XI of the Social 

Security Act (42 U.S.C. 1320(c) et. seq.); 

3.—General Reservations, paragraphs a. 

and b. Section F.50.—Limitations of 

Authority, 1.—Under Parts A and B of 

Title XI of the Social Security Act (42 

U.S.C. 1320 et. seq), is deleted in its 

entirety and replaced with the 

following: 

a. Disputes regarding the 

determinations listed in 45 CFR Part 16, 

Appendix A, pertaining to discretionary 

grants, such as grants for research or 

demonstration projects under section 

1110 (42 U.S.C. 1310) of the Act or for 

special demonstration projects under 

Section 1115 (42 U.S.C. 1315) of the 

Act, are heard by the Chair and 

Members of the Departmental Appeals 

Board, Office of the Secretary, who issue 

the final HHS decision. See 42 CFR 

430.3 and 457.206; 46 FR 43816. 

b. The authority to hear appeals and 

issue final HHS decisions under Section 

1116(e) (42 U.S.C. 1316(e)) of the Act 

with respect to disallowances or 

reconsidered disallowances under Title 

XIX of the Act shall be exercised only 

by the Chair and Members of the 

Departmental Appeals Board, Office of 

the Secretary, pursuant to Section 

1116(e)(2) (42 U.S.C. 1316(e)(2)) of the 

Act. This includes an appeal of a Title 

XIX disallowance based on a State’s 

failure to meet the timely claims 

requirements of Section 1132 (42 U.S.C. 

1320b–2) of the Act. 

c. The authorities under Sections 

1128 (42 U.S.C. 1320a–7), 1128A (42 

U.S.C. 1320a–7a), 1128B (42 U.S.C. 

1320a–7b), 1128D (42 U.S.C. 1320a–7d), 

1128E(b)(6) (42 U.S.C. 1320a–7e(b)(6)), 

1140 (42 U.S.C. 1320b–10), 1156(b) (42 

U.S.C. 1320c–5(b)), and 1160(b) (42 

U.S.C. 1320c–9(b)) of the Act for 

controlling fraud and abuse in 

healthcare programs shall be exercised 

by the Office of Inspector General. 

d. The hearings to which the 

procedures in section 1128A(c) (42 

U.S.C. 1320a–7a(c)) of the Act apply, as 

well as the hearings under any other 

section of the Act authorizing the 

Secretary to impose a civil remedy, 

including a civil money penalty, 

exclusion, or assessment, for which the 

Secretary has delegated authority to the 

Administrator, CMS, or to the Office of 

Inspector General to impose the remedy, 

shall be conducted by Administrative 

Law Judges at the Departmental Appeals 

Board, Office of the Secretary, who issue 

initial decisions subject to review and 

final determinations made by the Chair 

and Members of the Departmental 

Appeals Board. See 59 FR 52967; 42 

CFR Parts 402 and 1002–1004, 

incorporating the procedures at 42 CFR 

Part 1005; 42 CFR Part 422, Subpart T; 

42 CFR Part 423, Subpart T; and 45 CFR 

Part 160. 

e. Disallowances under Title XXI of 

the Act, including disallowances based 

on State’s failure to meet the timely 

claims requirements of Section 1132 (42 

U.S.C. 1320b–2) of the Act, are subject 

to reconsideration by the Chair and 

Members of the Departmental Appeals 

Board, Office of the Secretary, under 

section 1116(d) (42 U.S.C. 1316(d)) of 

the Act, made applicable to Title XXI by 

Section 2107(e) (42 U.S.C. 1397gg(e)) of 

the Act. See 42 CFR 457.206. 

f. The hearings under Section 1155 

(42 U.S.C. 1320c–4) of the Act, which 

incorporates by reference Section 205(b) 

(42 U.S.C. 405(b)) of the Act, shall be 

conducted by Administrative Law 

Judges in the Office of Medicare 

Hearings and Appeals, Office of the 

Secretary, with review by the Medicare 

Appeals Council at the Departmental 

Appeals Board, Office of the Secretary. 

See 42 CFR Part 478, Subpart B and 42 

CFR Part 405, Subpart J. 

g. The hearings under Section 

1156(b)(4) (42 U.S.C. and1320c–5(b)(4)) 

of the Act, which incorporates section 

205(b) (42 U.S.C. 405(b)) of the Act, 

shall be conducted by the 

Administrative Law Judges at the 

Departmental Appeals Board, Office of 

the Secretary, who issue initial 

decisions subject to review and final 

determinations made by the Chair and 

Members of the Departmental Appeals 

Board. See 42 CFR Part 1004, 

incorporating the procedures at 42 CFR 

Part 1005; 59 FR 52967. 

This delegation of authority is 

effective immediately. 

These authorities may be re-delegated. 

These authorities shall be exercised 

under the Department’s policy on 

regulations and the existing delegation 

of authority to approve and issue 

regulations. 

I hereby affirm and ratify any actions 

taken by the Administrator, CMS, or his 

or her subordinates, which involved the 

exercise of the authorities under Part A 

(42 U.S.C. 1301 et seq.) of Title XI of the 

Act and Part B (42 U.S.C. 1320c et seq.) 

of Title XI of the Act delegated herein 

prior to the effective date of this 

delegation of authority. 

Authority: 44 U.S.C. 3101 

Dated: March 4, 2011. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2011–5779 Filed 3–11–11; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Disease, Disability, and Injury 

Prevention and Control Special 

Emphasis Panel (SEP): Funding 

Opportunity Announcement (FOA), 

Initial Review 

The meeting announced below 

concerns The Institutional Collaboration 

between the Institute Pasteur of 

Madagascar and the Centers for Disease 

Control and Prevention on Malaria and 

Vector-Borne Diseases Funding 

Opportunity Announcement (FOA) 

GH11–003, and Research Activities in 

Support of Malaria Prevention and 

Control in the Republic of Uganda as 

Part of the President’s Malaria Initiative, 

FOA GH11–004, initial review. 

In accordance with Section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the aforementioned meeting: 

Time and Date: 12 p.m.–3 p.m., May 19, 

2011 (Closed). 

Place: Teleconference. 

Status: The meeting will be closed to the 

public in accordance with provisions set 

forth in Section 552b(c)(4) and (6), Title 5 

U.S.C., and the Determination of the Director, 

Management Analysis and Services Office, 

CDC, pursuant to Public Law 92–463. 

Matters To Be Discussed: The meeting will 

include the initial review, discussion, and 

evaluation of applications received in 

response to ‘‘Institutional Collaboration 

between the Institute Pasteur of Madagascar 

and the Centers for Disease Control and 

Prevention on Malaria and Vector-Borne 

Diseases, FOA GH11–003, and Research 

Activities in Support of Malaria Prevention 

and Control in the Republic of Uganda as 

Part of the President’s Malaria Initiative, FOA 

GH11–004, initial review.’’ 

Contact Person for More Information: 

Sheree Marshall-Williams, PhD, Scientific 

Review Officer, CDC, 1600 Clifton Road, NE., 

Mailstop D72, Atlanta, Georgia 30333, 

Telephone: (404) 639–7742. 

The Director, Management Analysis and 

Services Office, has been delegated the 

mstockstill on DSKH9S0YB1PROD with NOTICES

13620 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities, for 

both the Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Dated: March 4, 2011. 

Elaine L. Baker, 

Director, Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. 2011–5632 Filed 3–11–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Opportunity to Partner; Testing of 

Patient Compartment Seating and 

Restraints to Proposed Test Standard 

Authority: 29 U.S.C. 669. 

AGENCY: NIOSH, Centers for Disease 

Control and Prevention (CDC), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of informational meeting 

and opportunity to partner. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH), CDC, HHS, in collaboration 

with the National Truck Equipment 

Association, Ambulance Manufacturers 

Division (NTEA–AMD) has developed a 

series of proposed ambulance 

component test standards. One such 

standard, AMD STANDARD 026—Seat, 

Seat Mount and Occupant Restraint 

Dynamic Test—Proposed (draft), seeks 

to improve occupant and seat retention 

during crash conditions. As a part of the 

standard development process, NIOSH 

will be conducting a series of tests to 

evaluate existing, redesigned, and/or 

new seating to validate the test methods 

proposed. It is anticipated testing will 

be conducted in up to three phases over 

approximately 15 months. NIOSH will 

contract with an independent test 

facility and provide funding for all 

testing, instrumentation, data collection, 

and data analysis. Prospective industry 

partners will provide the following test 

assets: Seating, seat retention devices, 

and occupant restraints. This project has 

three key goals: (1) To validate test and 

data collection methodologies proposed 

in AMD 026 (draft) to support standard 

development; (2) to support and 

facilitate the transition of the industry 

from the current seating design 

parameters to those proposed in SAE 

J2917 Surface Vehicle Recommended 

Practice, Occupant Restraint and 

Equipment Mounting Integrity—Frontal 

Impact System-Level Ambulance Patient 

Compartment, published May 2010, and 

SAE J2956 Surface Vehicle 

Recommended Practice, Occupant 

Restraint and Equipment Mounting 

Integrity—Side Impact System-Level 

Ambulance Patient Compartment 

(draft); and, (3) to develop the design 

and production ‘‘cost-of-change’’ to meet 

the proposed design parameters. 

DATES AND TIMES: March 23, 2011, 1 

p.m.–5 p.m., Eastern Standard Time 

(EST) March 24, 2011, 8 a.m.–12 noon, 

EST, by appointment. NIOSH is 

available to meet with individual 

companies for those interested in 

further discussion. We anticipate 

offering the prospective partners the 

opportunity to meet for 30 minutes, to 

ask specific questions pertinent to their 

situation. 

ADDRESSES: Homewood Suites 

Indianapolis-Downtown, 211 South 

Meridian Street, Indianapolis, Indiana 

46225, Telephone (317) 636–7992. 

(Coincident with the 2011 Fire 

Department Instructors Conference 

(FDIC).) 

Letters of Interest: Interested 

manufacturers should submit a letter of 

interest with information about their 

capabilities and level of proposed 

participation to Jim Green at 

JGreen@cdc.gov. Letters of interest must 

be received by April 25, 2011. 

SUPPLEMENTARY INFORMATION: NIOSH 

proposes a series of up to 116 tests to 

better understand the capabilities and 

limitations of currently available seating 

and restraints, investigate redesign or 

new design options, and validate the 

proposed test standard. As a byproduct 

of this effort, it is expected that NIOSH 

and its partners will be able to 

demonstrate that seating and restraints 

provided by partners meet the design 

parameters specified in AMD 026 (draft) 

and test requirements outlined in SAE 

J2917 and SAE 2956 (draft), 

respectively. 

Prospective partners will be existing 

seating and/or restraint manufacturers 

nationally or internationally. A 

prospective partner need not be selling 

to the United States market at the time 

of this announcement. 

Prospective partners will be required 

to provide test assets (seating, seat 

retention devices, and/or occupant 

restraints) free of charge in exchange for 

their participation in this collaborative 

standards development and validation 

effort. In return, NIOSH will cover all 

costs associated with testing. This 

includes the cost of the sled buck design 

and manufacture, rental of appropriate 

test manikins, instrumentation related 

to the litter, manikin, and sled buck, test 

execution, test data analysis, and cost 

data analysis. 

Given the nature of the proposed 

change, coupled with the cost for each 

unit, NIOSH anticipates the need to 

partner with more than one 

manufacturer. Therefore no one 

manufacturer should expect to be asked 

to contribute all needed test assets. 

In phase 1, test assets are expected to 

come from those in the existing product 

line per mutual agreement with NIOSH. 

In phases 2 and 3, test assets are 

expected to be introduced as either 

redesigns of existing products or new 

products entirely based on the results of 

phase 1 testing. The cost of product 

redesign and manufacture for phase 2 

and 3 testing would be borne by the 

manufacturer partner(s). 

Each partner will be invited to 

participate at the site of testing (a third 

party independent test facility) during 

the testing of its product. However, at 

no time will representatives from two 

different manufacturers be present at the 

same time or on the same date. As a 

participant, each partner will be 

provided with a copy of all digital video 

and instrumented data for use in future 

product development. NIOSH will 

retain a copy of all data but will code, 

to the extent possible, to prevent release 

of vendor specific product data. Partners 

will retain ownership of each test asset 

and will be asked to retrieve test assets 

once each test has been completed. All 

shipping and/or disposal costs of test 

assets to and from the independent test 

facility will be borne by the 

manufacturer partner(s). 

Recognizing any change in standard 

or test requirement may have a 

coincident cost; NIOSH will also be 

seeking to quantify the cost of change— 

that is, the cost of redesigning and 

manufacturing to meet the proposed 

new test standards. In this instance, 

NIOSH has a separate effort in place 

with an independent Certified Public 

Accountant (CPA). Any participant or 

partner in this effort would be required 

to work with the CPA in parallel with 

the test program outlined above. 

Specifically, the partner would be 

required to provide the underlying cost 

data for each product evaluated in the 

test program. This would include the 

costs for a current or comparable pretest or pre-standard seat, seat retention 

device, and occupant restraint and its 

companion post standard or post 

redesign equivalent. Prospective 

partners should be aware it may be 

possible to consider a few products 

within their existing product line (e.g.; 

entry level, mid level, and high end 

products). These costs may include: Per 

mstockstill on DSKH9S0YB1PROD with NOTICES