61382 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

NE., Suite 110, Washington, DC 20002. 

The filing hours at this location are 8 

a.m. to 7 p.m. All hand deliveries must 

be held together with rubber bands or 

fasteners. Any envelopes must be 

disposed of before entering the building. 

Commercial and electronic media sent 

by overnight mail (other than U.S. 

Postal Service Express Mail and Priority 

Mail) must be sent to 9300 East 

Hampton Drive, Capitol Heights, MD 

20743. U.S. Postal Service first-class 

mail, Express Mail, and Priority Mail 

should be addressed to 445 12th Street, 

SW., Washington, DC 20554. All filings 

must be addressed to the Commission’s 

Secretary, Marlene H. Dortch, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Room TW-B204, Washington, DC 20554. 

This proceeding shall be treated as a 

‘‘permit but disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules, 47 CFR 1.1200. Persons 

making oral ex parte presentations are 

reminded that memoranda summarizing 

the presentations must contain 

summaries of the substances of the 

presentations and not merely a listing of 

the subjects discussed. More than a one 

or two sentence description of the views 

and arguments presented is generally 

required. See 47 CFR 1.1206(b). Other 

rules pertaining to oral and written ex 

parte presentations in permit-butdisclosed proceedings are set forth in 

§ 1.1206(b) of the Commission’s rules, 

47 CFR 1.1206(b). 

The full text of this document and 

copies of any subsequently filed 

documents in this matter will be 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY-A257, Washington, DC 20554, 

(202) 418–0270. This document may be 

purchased from the Commission’s 

duplicating contractor, Best Copy and 

Printing (BCPI), Inc., Portals II, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact BCPI, Inc. at their Web site: 

www.bcpiweb.com or by calling 1–800–

378–3160. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format) send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice) or (202) 418–0432 

(TTY). The Public Notice can also be 

downloaded in Word or Portable 

Document Format (PDF) at http://

www.fcc.gov/cgb. 

Synopsis 

On July 28, 2004, Express 

Consolidation, Inc. (Express or 

Petitioner) filed a petition for 

declaratory ruling asking the 

Commission to preempt a Florida 

telemarketing law, Florida Statute, 

section 501.059 (Florida Statute). 

According to Petitioner, Express has 

been charged in a complaint by the 

Florida Department of Agriculture and 

Consumer Services with violating the 

Florida Statute, which restricts the 

making of telephonic sales calls to 

Florida citizens whose names appear on 

the state’s quarterly ‘‘no sales 

solicitation calls listing.’’ The Florida 

law also restricts the use of automatic 

dialing systems and artificial or 

prerecorded messages to make sales 

calls. Express contends that the Florida 

Statute is inconsistent with the 

Telephone Consumer Protection Act 

(TCPA) by placing more onerous 

restrictions on the making of interstate 

telephone calls by a tax-exempt 

nonprofit organization. Express 

indicates that, unlike the Florida 

Statute, the TCPA exempts calls made 

by tax-exempt nonprofit organizations 

from the restrictions on ‘‘telephone 

solicitations.’’ Express further explains 

that the calls that are the basis of the 

state’s enforcement action are made on 

behalf of Express, a nonprofit 

corporation with offices in Florida, by a 

California company. Express maintains 

that the TCPA authorizes a state to 

implement more restrictive regulations 

only with respect to intrastate calls; 

therefore, the state law should be 

preempted.

Federal Communications Commission. 

Jay Keithley, 

Deputy Chief, Consumer & Governmental 

Affairs Bureau.

[FR Doc. 04–23295 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

Performance Review Board 

As required by the Civil Service 

Reform Act of 1978 (Pub. L. 95–454), 

Chairman Michael K. Powell appointed 

the following executives to the 

Performance Review Board: Julius 

Knapp, Renee Licht, Mary Beth 

Richards, and David Solomon.

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–23291 Filed 10–15–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act; Notice of Agency 

Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that, 

at 10:30 a.m. on Tuesday, October 12, 

2004, the Board of Directors of the 

Federal Deposit Insurance Corporation 

met in closed session to consider 

matters relating to the Corporation’s 

corporate and liquidation activities. 

In calling the meeting, the Board 

determined, on motion of Vice 

Chairman John M. Reich, seconded by 

Director Thomas J. Curry, concurred in 

by Director James E. Gilleran (Office of 

Thrift Supervision), Director John D. 

Hawke, Jr. (Comptroller of the 

Currency), and Chairman Donald E. 

Powell, that Corporation business 

required its consideration of the matters 

on less than seven days’ notice to the 

public; that no notice of the meeting 

earlier than October 7, 2004, was 

practicable; that the public interest did 

not require consideration of the matters 

in a meeting open to public observation; 

and that the matters could be 

considered in a closed meeting by 

authority of subsections (c)(2), (c)(4), 

(c)(6), (c)(9)(B) and (c)(10) of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(9)(B), 

and (c)(10). 

The meeting was held in the Board 

Room of the FDIC Building located at 

550–17th Street, NW., Washington, DC.

Dated: October 12, 2004.

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary.

[FR Doc. E4–2689 Filed 10–15–04; 8:45 am] 

BILLING CODE 6714–01–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Healthcare Research and 

Quality 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request

AGENCY: Agency for Healthcare Research 

and Quality, HHS.

ACTION: Notice.

SUMMARY: This notice announces the 

intention of the Agency for Healthcare 

Research and Quality (AHRQ) to request 

that the Office of Management and 

Budget (OMB) allow the proposed 

information collection project: 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61383

‘‘Questionnaire and Data Collection 

Testing, Evaluation, and Research for 

the Agency for Healthcare Research and 

Quality’’. In accordance with the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)), AHRQ invites the public 

to comment on this proposed 

information collection. 

This proposed information collection 

was previously published in the Federal 

Register on August 16th, 2004 and 

allowed 60 Days for public comment. 

No public comments were received. The 

purpose of this notice is to allow an 

additional 30 Days for public comment.

DATES: Comments on this notice must be 

received by November 17, 2004.

ADDRESSES: Written comments should 

be submitted to: John Kraemer, at the 

Office of Information and Regulatory 

Affairs, OMB at the email address 

JohnlKraemer@omb.eop.gov and the 

fax number is (202) 395–6974. 

Copies of the proposed collection 

plans, data collection instruments, and 

specific details on the estimated burden 

can be obtained from the AHRQ Reports 

Clearance Officer.

FOR FURTHER INFORMATION CONTACT:

Cynthia D. McMichael, AHRQ, Reports 

Clearance Officer, (301) 427–1651.

SUPPLEMENTARY INFORMATION: 

Proposed Project 

‘‘Questionnaire and Data Collection 

Testing, Evaluation, and Research for 

the Agency for Healthcare Research and 

Quality’’

AHRQ plans to employ the latest 

techniques to improve it’s current data 

collections by developing new surveys, 

and by revising existing surveys in 

anticipation of, or in response to, 

changes in the healthcare field, for a 3 

year period. The clearance request is 

limited to testing research 

questionnaires, data collection methods, 

and related reports. Data collected 

under this clearance will be used to 

improve agency products and such data 

are not intended for direct use in the 

development of health policy. The final 

instruments will be used for subsequent 

data collections that may impact health 

policies. A generic clearance for his 

work will allow AHRQ to draft and test 

survey instruments more quickly and 

with greater lead time, thereby 

managing project time more efficiently 

and improving the quality of the data it 

collects. 

It is envisioned that in some instances 

the ability to pretest/pilot-test surveyrelated instruments, in anticipation of 

work, or early in a project, may result 

in the decision not to proceed with 

particular survey activities, thereby 

saving both public and private resources 

and effectively eliminating or reducing 

respondent burden. 

The health care environment changes 

rapidly and requires a quick response 

from the agency to provide 

appropriately refined tools. A generic 

clearance for this methodological work 

will facilitate the agency’s timely 

development of survey tools suitable for 

use in changing conditions. 

It is particularly important to refine 

AHRQ’s survey tools because many of 

the survey tools AHRQ develops are 

made widely available to users in the 

private sector. They are made available 

to help the private sector improve 

health care quality by enabling the 

gathering of useful data for analysis and 

for providing information about health 

care quality to consumers and 

purchasers so that they can use their 

marketplace choices to influence and 

improve health care quality. 

Methods of Collection 

Participation in survey testing will be 

fully voluntary and non-participation 

will have no affect on eligibility for, or 

receipt of, future AHRQ health services 

research support or on future 

opportunities to participate in research 

or to obtain informative research results. 

Specific estimation procedures, when 

used, will be described when we notify 

OMB as to actual studies conducted 

under the clearance.

Type of research activity Number of

respondents 

Estimated time 

per respondent 

Total

burden 

hours 

Face-to-Face Interviews ............................................................................................................... 100 60 minutes .......... 100 

Field Tests (short) ........................................................................................................................ 2,400 20 minutes .......... 800 

Field Tests (long) .......................................................................................................................... 7,600 30 minutes .......... 3,800 

Lab Experiments ........................................................................................................................... 200 90 minutes .......... 300 

Focus Groups ............................................................................................................................... 100 60 minutes .......... 100 

Cognitive Interviews ..................................................................................................................... 100 60 minutes .......... 100 

Totals ..................................................................................................................................... 10,500 Not Applicable .... 5,200 

Estimated Costs to the Federal 

Government 

Expenses for equipment, overhead, 

printing, and support staff will be 

incurred by AHRQ components as part 

of their normal operating budgets. No 

additional cost to the Federal 

Government is anticipated. Any 

deviation from these limits will be 

noted in reports made to OMB with 

respect to a particular study or studies 

conducted under the clearance. 

Request for Comments 

In accordance with the above-cited 

legislation, comments on the AHRQ 

information collection are requested 

with regard to any of the following: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of functions of AHRQ, 

including whether the information will 

have practical utility; (b) the accuracy of 

the AHRQ’s estimate of burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

upon the respondents, including the use 

of automated collection techniques or 

other forms of information technology. 

Comments submitted in response to 

this notice will be summarized and 

included in the request for OMB 

approval of the proposed information 

collection. All comments will become a 

matter of public record.

Dated: October 4, 2004. 

Carolyn M. Clancy, 

Director.

[FR Doc. 04–23234 Filed 10–15–04; 8:45 am] 

BILLING CODE 4160–90–M