Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices 3205 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications will also be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than February 13, 

2014. 

A. Federal Reserve Bank of Kansas 

City (Dennis Denney, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. Tulsa Valley Bancshares 

Corporation, Tulsa, Oklahoma; to 

acquire 100 percent of the voting shares 

of Lake Bancshares Corporation, and 

thereby indirectly acquire Bank of the 

Lakes, N.A., both in Owasso, Oklahoma. 

Board of Governors of the Federal Reserve 

System, January 14, 2014. 

Michael J. Lewandowski, 

Associate Secretary of the Board. 

[FR Doc. 2014–00843 Filed 1–16–14; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Notice of Proposals To Engage in or 

To Acquire Companies Engaged in 

Permissible Nonbanking Activities 

The companies listed in this notice 

have given notice under section 4 of the 

Bank Holding Company Act (12 U.S.C. 

1843) (BHC Act) and Regulation Y, (12 

CFR part 225) to engage de novo, or to 

acquire or control voting securities or 

assets of a company, including the 

companies listed below, that engages 

either directly or through a subsidiary or 

other company, in a nonbanking activity 

that is listed in § 225.28 of Regulation Y 

(12 CFR 225.28) or that the Board has 

determined by Order to be closely 

related to banking and permissible for 

bank holding companies. Unless 

otherwise noted, these activities will be 

conducted throughout the United States. 

Each notice is available for inspection 

at the Federal Reserve Bank indicated. 

The notice also will be available for 

inspection at the offices of the Board of 

Governors. Interested persons may 

express their views in writing on the 

question whether the proposal complies 

with the standards of section 4 of the 

BHC Act. 

Unless otherwise noted, comments 

regarding the applications must be 

received at the Reserve Bank indicated 

or the offices of the Board of Governors 

not later than February 3, 2014. 

A. Federal Reserve Bank of Cleveland 

(Nadine Wallman, Vice President) 1455 

East Sixth Street, Cleveland, Ohio 

44101–2566: 

1. TriState Capital Holdings, Inc., 

Pittsburgh, Pennsylvania; to acquire 

Chartwell Investment Partners, L.P., 

Berwyn, Pennsylvania, and thereby 

engage in financial and investment 

advisory activities, pursuant to section 

225.28(b)(6). 

Board of Governors of the Federal Reserve 

System, January 14, 2014. 

Michael J. Lewandowski, 

Associate Secretary of the Board. 

[FR Doc. 2014–00844 Filed 1–16–14; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RETIREMENT THRIFT 

INVESTMENT BOARD 

Sunshine Act Meeting 

TIME AND DATE: 9:00 a.m., January 27, 

2014. 

PLACE: 10th Floor Board Meeting Room, 

77 K Street NE., Washington, DC 20002. 

STATUS: Parts will be open to the public 

and parts closed to the public. 

MATTERS TO BE CONSIDERED: 

Parts Closed to the Public at 9:00 a.m. 

1. Procurement 

Parts Open to the Public at 10:00 a.m. 

1. Monthly Reports 

a. Monthly Participant Activity Report 

b. Monthly Investment Policy Report 

c. Legislative Report 

2. Audit Status 

3. Quarterly Vendor Financials 

4. Budget Review 

5. Annual Expense Ratio Review 

CONTACT PERSON FOR MORE INFORMATION: 

Kimberly Weaver, Director, Office of 

External Affairs, (202) 942–1640. 

Dated: January 14, 2014. 

James B. Petrick, 

Secretary, Federal Retirement Thrift 

Investment Board. 

[FR Doc. 2014–00959 Filed 1–14–14; 4:15 pm] 

BILLING CODE 6760–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

[CMS–0041–N] 

Modified Policy on Freedom of 

Information Act Disclosure of Amounts 

Paid to Individual Physicians Under 

the Medicare Program 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice. 

SUMMARY: This notice sets forth a new 

policy regarding requests made under 

the Freedom of Information Act for 

information on amounts paid to 

individual physicians under the 

Medicare program in which CMS will 

make case-by-case determinations as to 

whether exemption 6 of the Freedom of 

Information Act applies to a given 

request for such information. 

DATES: This notice is effective on March 

18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Grace Im (202) 260–6770. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a previous policy on the disclosure 

of amounts paid to individual 

physicians under the Medicare program, 

which was set forth in the November 28, 

1980 Federal Register (45 FR 79172), 

the Secretary of the Department of 

Health, Education, and Welfare (which 

later became the Department of Health 

and Human Services (the Department)) 

stated that, in considering the two 

competing interests of public 

transparency and privacy, the public 

interest in the Department’s disclosure 

of the amounts that had been paid to 

individual physicians under the 

Medicare program was not sufficient to 

compel disclosure under the Freedom of 

Information Act. The policy change was 

premised on two courts having found a 

compelling privacy interest on the part 

of the physicians. See, Florida Medical 

Association, Inc., et al. v. Department of 

Health, Education, and Welfare, et al. 

(M.D. Fla. 1979) and The American 

Staffs of Private Hospitals, Inc., et al. v. 

Health Care Financing Administration, 

et al. (E.D. La. 1980). However, the 

policy was expressly published in 

response to the Florida Medical 

Association district court’s issuance of a 

permanent injunction, which barred the 

Department of Health, Education, and 

Welfare from disclosing identifiable 

annual Medicare reimbursement 

payments of individual physicians or 

disclosure of payments in a manner that 

could identify individual physicians. 


emcdonald on DSK67QTVN1PROD with NOTICES
3206 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Notices 

1CMS, ‘‘Request for Public Comments on the 

Potential Release of Medicare Physician Data’’ 

(August 6, 2013), available at: http://www.cms.gov/ 

Research-Statistics-Data-and-Systems/StatisticsTrends-and-Reports/Medicare-Provider-ChargeData/Public-Comment.html. 

That district court vacated its 

permanent injunction on May 31, 2013 

after determining that such a broad 

injunction was no longer authorized 

under the Privacy Act after the U.S. 

Court of Appeals for the Eleventh 

Circuit’s decision in Edison v. 

Department of the Army (11th Cir. 

1982), and thus its continued 

enforcement was no longer equitable. 

Following the court’s decision, CMS 

solicited public comment on August 6, 

2013 on its proposed policies with 

respect to disclosure of individual 

physician payment information.1

II. Provisions of the Notice 

The Secretary has considered the 

court’s decision and the wide spectrum 

of public comments received by CMS. In 

doing so, the Department has decided to 

replace the prior policy, as set forth in 

the November 28, 1980 Federal Register 

(45 FR 79172), with a new policy in 

which CMS will make case-by-case 

determinations as to whether exemption 

6 of the Freedom of Information Act 

applies to a given request for 

information pertaining to the amounts 

that were paid to individual physicians 

under Medicare. Exemption 6 requires 

CMS to weigh the balance between the 

privacy interest of individual physicians 

and the public interest in disclosure of 

such information. As the outcome of the 

balancing test will depend on the 

circumstances, the outcomes of these 

analyses may vary depending on the 

facts of each case. However, in all cases, 

we are committed to protecting the 

privacy of Medicare beneficiaries. 

Dated: January 6, 2014. 

Marilyn Tavenner, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: January 6, 2014. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2014–00808 Filed 1–14–14; 11:15 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[30-Day 14–13AHG] 

Agency Forms Undergoing Paperwork 

Reduction Act Review 

The Centers for Disease Control and 

Prevention (CDC) publishes a list of 

information collection requests under 

review by the Office of Management and 

Budget (OMB) in compliance with the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). To request a copy of these 

requests, call (404) 639–7570 or send an 

email to omb@cdc.gov. Send written 

comments to CDC Desk Officer, Office of 

Management and Budget, Washington, 

DC 20503 or by fax to (202) 395–5806. 

Written comments should be received 

within 30 days of this notice. 

Proposed Project 

Evaluation of Food Safety Programs— 

New—National Center for 

Environmental Health (NCEH), Centers 

for Disease Control and Prevention 

(CDC). 

Background and Brief Description 

Local and state food safety programs 

(FSPs) are on the frontline of foodborne 

disease prevention in United States 

(U.S.). Through the Environmental 

Health Specialists Network (EHSNet)(OMB No. 0920–0792, Expiration 

2/28/2015), CDC currently funds and 

works with local and state health 

departments in five states (California, 

New York, Minnesota, Rhode Island, 

and Tennessee) to: (1) Identify 

environmental antecedents (underlying 

factors) to illness and disease outbreaks; 

(2) translate findings into improved 

prevention efforts using a systems-based 

approach; (3) offer training 

opportunities to current and future 

environmental health specialists; and 

(4) strengthen collaboration among 

epidemiology, laboratory, and 

environmental health programs. This 

CDC program offers insights into the 

current status of FSPs among EHS-Net 

partners, but information is lacking on 

a national scale. 

The current tight fiscal environment 

faced by U.S. health departments has 

led to a significant reduction in funding 

for public health programs, such as food 

safety. For example, 57 percent of local 

health departments reduced or 

eliminated at least one public health 

program during 2011. Therefore, the 

CDC is requesting for a two-year OMB 

approval to conduct the ‘‘Evaluation of 

Food Safety Programs’’ survey among a 

representative sample of local and state 

health departments implementing FSPs 

in the U.S. 

The purpose of this evaluation of 

local and state FSPs is to collect 

descriptive data on their current status 

and activities, to describe changes in 

their status and activities from 2007 to 

2012, and to determine if there is a 

relationship between funding status and 

activities. Data will be collected on food 

safety activities, workforce capacity and 

competency, financial resources, 

community health, and demographics of 

FSPs. Data collected will help CDC 

better understand the relationship 

between different levels of funding and 

FSP effectiveness in the U.S. 

State and local food safety programs 

are primary respondents for this data 

collection. There are over 3,000 state 

and local health departments in the U.S. 

It is unknown how many state and local 

health departments will actually 

participate in the evaluation survey, as 

participation will be voluntary. 

This information collection seeks 

approval to obtain data using a one-time 

data collection survey. The survey will 

take approximately 2 hours to complete. 

The survey will be completed once by 

respondents either manually or 

electronically. The CDC is asking for 

this data collection burden to allow 

local and state health departments 

ample time to request and obtain the 

information they need from their 

various departments and units to 

complete the evaluation survey. 

For this project, the anticipated 

number of respondents is 190 health 

departments per year, and the total 

estimated annual burden hours are 380 

hours. Only local and state health 

departments implementing food safety 

programs in the U.S. will be eligible to 

participate in the survey. There will be 

no cost to the respondents other than 

their time. 


emcdonald on DSK67QTVN1PROD with NOTICES