7386 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 

7See 16 CFR 318.7 (stating that a violation of the 

rule constitutes a violation of a trade regulation 

rule). Notably, California’s recent action against a 

similar fertility-tracking app charged with similar 

privacy violations included a $250,000 civil 

penalty. Press Release, Cal. Att’y Gen., Attorney 

General Becerra Announces Landmark Settlement 

Against Glow, Inc.—Fertility App Risked Exposing 

Millions of Women’s Personal and Medical 

Information (Sep. 17, 2020), https://oag.ca.gov/ 

news/press-releases/attorney-general-becerraannounces-landmark-settlement-against-glow-inc- 

%E2%80%93. 

8We have previously articulated opportunities to 

make use of our existing authorities when it comes 

to data protection. See Statement of Commissioner 

Rohit Chopra Regarding the Report to Congress on 

the FTC’s Use of Its Authorities to Protect 

Consumer Privacy and Security, Comm’n File 

P065404 (June 18, 2020), https://www.ftc.gov/ 

public-statements/2020/06/statementcommissioner-rohit-chopra-regarding-reportcongress-ftcs-use-its; Remarks of Commissioner 

Rebecca Kelly Slaughter at Silicon Flatirons, The 

Near Future of U.S. Privacy Law, University of 

Colorado Law School (Sep. 6, 2019), https://

www.ftc.gov/system/files/documents/public_

statements/1543396/slaughter_silicon_flatirons_

remarks_9-6-19.pdf. 

did not do so, making the company 

liable under the rule.7

The Health Breach Notification Rule 

was first issued more than a decade ago, 

but the explosion in connected health 

apps make its requirements more 

important than ever. While we would 

prefer to see substantive limits on firms’ 

ability to collect and monetize our 

personal information, the rule at least 

ensures that services like Flo need to 

come clean when they experience 

privacy or security breaches. Over time, 

this may induce firms to take greater 

care in collecting and monetizing our 

most sensitive information. 

Conclusion 

We are pleased to see a notice 

provision in today’s proposed order, but 

there is much more the FTC can do to 

protect consumers’ data, and hold 

accountable those who abuse it. Where 

Congress has given us rulemaking 

authority, we should use it.8 And where 

we have rules already on the books, we 

should enforce them. Here, the Health 

Breach Notification Rule will have its 

intended effect only if the FTC is 

willing to enforce it. 

We believe enforcing the rule was 

warranted here, and we respectfully 

dissent from the Commission’s failure to 

do so. Particularly as we seek more 

authority from Congress in the privacy 

space, it is critical we demonstrate we 

are prepared to use the authorities we 

already have. 

[FR Doc. 2021–01697 Filed 1–27–21; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30Day–21–0909] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

In accordance with the Paperwork 

Reduction Act of 1995, the Centers for 

Disease Control and Prevention (CDC) 

has submitted the information 

collection request titled CDC Diabetes 

Prevention Recognition Program (DPRP) 

to the Office of Management and Budget 

(OMB) for review and approval. CDC 

previously published a ‘‘Proposed Data 

Collection Submitted for Public 

Comment and Recommendations’’ 

notice on June 15, 2020, to obtain 

comments from the public and affected 

agencies. CDC received 30 unique sets 

of public comments. Within the 30 sets 

of comments, there were 126 questions/ 

comments answered by CDC. This 

notice serves to allow an additional 30 

days for public and affected agency 

comments. 

CDC will accept all comments for this 

proposed information collection project. 

The Office of Management and Budget 

is particularly interested in comments 

that: 

(a) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(b) Evaluate the accuracy of the 

agencies estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; 

(d) Minimize the burden of the 

collection of 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; and 

(e) Assess information collection 

costs. 

To request additional information on 

the proposed project or to obtain a copy 

of the information collection plan and 

instruments, call (404) 639–7570. 

Comments and recommendations for the 

proposed information collection should 

be sent within 30 days of publication of 

this notice to www.reginfo.gov/public/ 

do/PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. Direct written 

comments and/or suggestions regarding 

the items contained in this notice to the 

Attention: CDC Desk Officer, Office of 

Management and Budget, 725 17th 

Street NW, Washington, DC 20503 or by 

fax to (202) 395–5806. Provide written 

comments within 30 days of notice 

publication. 

Proposed Project 

CDC Diabetes Prevention Recognition 

Program (DPRP) (OMB Control No. 

0920–0909, Exp. 02/28/2021)— 

Revision—National Center for Chronic 

Disease Prevention and Health 

Promotion (NCCDPHP), Centers for 

Disease Control and Prevention (CDC). 

Background and Brief Description 

CDC’s Division of Diabetes 

Translation (DDT) established and 

administers the National Diabetes 

Prevention Program’s (National DPP) 

Diabetes Prevention Recognition 

Program (DPRP), which recognizes 

organizations that deliver diabetes 

prevention programs according to 

evidence-based requirements set forth in 

the ‘Centers for Disease Control and 

Prevention Diabetes Prevention 

Recognition Program Standards and 

Operating Procedures’ (DPRP 

Standards). Additionally, the Centers for 

Medicare and Medicaid Services (CMS) 

Medicare Diabetes Prevention Program 

(MDPP) expansion of CDC’s National 

DPP was announced in early 2016, 

when the Secretary of Health and 

Human Services determined that the 

Diabetes Prevention Program met the 

statutory criteria for inclusion in 

Medicare’s expanded list of healthcare 

services for beneficiaries (https://

innovation.cms.gov/initiatives/ 

medicare-diabetes-prevention-program/ 

). This is the first time a preventive 

service model from the CMS Innovation 

(CMMI) Center has been expanded. 

After extensive testing of the DPP model 

in 17 sites across the U.S. in 2014–2016, 

CMS proposed the MDPP in Sections 

1102 and 1871 of the Social Security 

Act (42 U.S.C. 1302 and 1395hh 

§ 424.59), authorizing CDC-recognized 

organizations to prepare for enrollment 

as MDPP suppliers beginning in January 

2018 in order to bill CMS for these 

services. Only organizations in good 

standing with the CDC DPRP are eligible 

as MDPP suppliers. CDC continues to 

work with CMS to support the MDPP. 

CDC requests an additional three 

years of OMB approval to continue 

collecting the information needed to 

administer the DPRP and information 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 7387 

needed by CMS to support the MDPP 

benefit. Based on experience with the 

DPRP from 2011–2020, including data 

analysis, and feedback from applicant 

organizations and internal and external 

partners, CDC plans to revise the DPRP 

Standards and the associated 

information collection. 

Key changes are a direct result of 

DPRP data analyses and discussion with 

National DPP stakeholders, including 

those serving vulnerable populations. 

Key changes allow for the optional 

collection of Hemoglobin A1C levels, 

and for weight/physical activity minutes 

to be combined (a new method), to 

determine Full recognition; the required 

collection of Application Delivery Mode 

questions; revised organizational type 

information; program enrollment 

motivation/enrollment source 

information; adding Gender; and the 

removal of Session ID. Three data 

elements have been minimally revised 

and no other data elements have been 

added to the one-time application form; 

and, three have been revised, one has 

been deleted, and four have been added 

to the evaluation data elements, as per 

below: 

Application Form 

(1) Delivery Mode- follow-up questions 

(revised) 

(2) Class Type (revised) 

(3) Organization Type (revised) 

Evaluation Data Elements 

(4) Enrollment Motivation (new) 

(5) Enrollment Source (revised) 

(6) Session ID (deleted) 

(7) HBA1C Value (new) 

(8) Participant’s Gender (new) 

During the period of this Revision, 

CDC estimates receipt of approximately 

300 DPRP application forms per year. 

The estimated burden per one-time, upfront application response is one hour. 

CDC further estimates receipt of semiannual evaluation data (two hours at 

each submission) from the new 300 

organizations per year plus existing 

organizations who also submit semiannual evaluation data. The total 

estimated average annualized evaluation 

burden to respondents is 8,700 hours. 

This includes an estimate of the time 

needed to extract and compile the 

required data records and fields from an 

existing electronic database, review the 

data, create or enter a data file in the 

required format (i.e., CSV file), and 

submit the data file via the National 

DPP website for upload into the DPRP 

Data Portal. The estimated burden per 

response is modest since the 

information requested for DPRP 

recognition is routinely collected by 

most organizations that deliver lifestyle 

change programs for their own internal 

evaluation and possible insurance 

reimbursement purposes, including 

Medicare under the MDPP benefit. 

Participation in the DPRP is voluntary, 

data are de-identified, no Personally 

Identifiable Information (PII) is 

collected by CDC, and there are no costs 

to respondents other than their time. 

CDC is requesting a three-year approval. 

ESTIMATED ANNUALIZED BURDEN HOURS

Type of 

respondents Form name Number of respondents 

Number of 

responses per 

respondent 

Average 

burden per 

response 

(in hours) 

Public sector organizations that deliver type 2 

diabetes prevention programs.

DPRP Application Form .................................

DPRP Evaluation Data ...................................

90 

630 

1 

2 

1 

2 

Private sector organizations that deliver type 

2 diabetes prevention programs.

DPRP Application Form .................................

DPRP Evaluation Data ...................................

210 

1470 

1 

2 

1 

2 

Jeffrey M. Zirger, 

Lead, Information Collection Review Office, 

Office of Scientific Integrity, Office of Science, 

Centers for Disease Control and Prevention. 

[FR Doc. 2021–01915 Filed 1–27–21; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Requirement for Negative PreDeparture COVID–19 Test Result or 

Documentation of Recovery From 

COVID–19 for all Airline or Other 

Aircraft Passengers Arriving Into the 

United States From Any Foreign 

Country 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Notice of Agency Order. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC), located 

within the Department of Health and 

Human Services (HHS) announces an 

Agency Order requiring negative predeparture COVID–19 test results or 

documentation of recovery from 

COVID–19 for all airline or other aircraft 

passengers arriving into the United 

States from any foreign country. This 

Order was signed by the CDC Director 

on January 25, 2021 and supersedes the 

previous Order signed by the CDC 

Director on January 12, 2021. 

DATES: This Order was effective January 

26, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Buigut, Division of Global 

Migration and Quarantine, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE, MS H16–4, Atlanta, 

GA 30329. Email: dgmqpolicyoffice@

cdc.gov. 

SUPPLEMENTARY INFORMATION: This 

Order prohibits the introduction into 

the United States of any aircraft 

passenger departing from any foreign 

country unless the passenger: (1) Has a 

negative pre-departure test result for 

SARS–CoV–2, the virus that causes 

COVID–19 (Qualifying Test); or (2) 

written or electronic documentation of 

recovery from COVID–19 after previous 

SARS–CoV–2 infection in the form of a 

positive viral test result and a letter 

from a licensed health care provider or 

public health official stating that the 

passenger has been cleared for travel 

(Documentation of Recovery). 

This Order supersedes the previous 

Order signed by the CDC Director on 

January 12, 2021. This Order further 

clarifies the exemption categories for 

federal law enforcement and U.S. 

Department of Defense (DOD) personnel 

observing DOD precautions to prevent 

the transmission of COVID–19 during 

travel. This Order also replaces the 

previous language concerning the ability 

of airlines and aircraft operators to 

request specific waivers and replaces it 

with a limited humanitarian exemption 

category allowing individuals and 

organizations to request an exemption. 

To be eligible for this limited 

humanitarian exemption, the individual 

or organization must demonstrate both: 

(1) Exigent circumstances where 

emergency travel is required to preserve 

health and safety (e.g., emergency