Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 44591 

Background and Brief Description 

The mission of the National Institute 

for Occupational Safety and Health 

(NIOSH) is to promote safety and health 

at work for all people through research 

and prevention. In this capacity, NIOSH 

will conduct in-depth interviews 

designed to assess perceptions and 

opinions among the target audience, 

small construction business owners, and 

to provide content for the development 

of a survey to assess the occupational 

safety and health needs and motivators 

for seeking occupational safety and 

health (OSH) information among small 

construction business owners. 

Exploring the OSH Needs of Small 

Construction Business is a four year 

field study for which the overall goal is 

to identify the occupational safety and 

health (OSH) needs of small 

construction businesses (SCBs), and to 

inform methods that will successfully 

motivate SCB owners to seek OSH 

training relevant to their unique work 

situations. The data gathered in this 

study regarding SCB owners’ specific 

business training needs, motivational 

factors, and preferred information 

sources will be of significant practical 

value when designing and 

implementing future interventions. 

As part of this project, a survey will 

be developed to assess SCB owners 

businesses’ specific training needs, 

motivational factors, and preferred 

information sources. The proposed indepth interviews described here are a 

critical step toward the development of 

this survey. Phase 1 of this project 

included interview development and 

revision. The goal of Phase 2 of this 

project is to gather key-informant 

perceptions and opinions among the 

target audience, small construction 

business owners in the greater 

Cincinnati area with 10 or fewer 

employees. Data gathered from in-depth 

interviews will provide response 

content for the development of a survey 

to assess the occupational safety and 

health needs and motivators for seeking 

OSH information among small 

construction business owners. That is, 

the results of these interviews will be 

analyzed to identify common sets of 

responses, and these responses will be 

used in the development of the survey 

mentioned above. 

Construction had the most fatal 

injuries of any sector, with 1,178 

fatalities in 2006 (21% of total) (U.S. 

Dept. of Labor, 2008). More than 79% of 

construction businesses employ fewer 

than 10 employees (CPWR, 2007), and 

this establishment size experiences the 

highest fatality rate within construction 

(U.S. Dept. of Labor, 2008). The need for 

reaching this population with effective, 

affordable, and culturally appropriate 

training has been documented in 

publications and is increasingly 

becoming an institutional priority at 

NIOSH. Given the numerous obstacles 

which small construction business 

owners face in effectively managing 

occupational safety and health (e.g., 

financial and time constraints), there is 

a need for identifying the most crucial 

components of occupational safety and 

health training. Additionally, previous 

investigations suggest a need for 

persuading small construction business 

owners to seek out occupational safety 

and health training. 

This interview will be administered to 

a sample of approximately 30 owners of 

construction businesses with 10 or fewer 

employees from the Greater Cincinnati 

area. The sample size is based on 

recommendations related to qualitative 

interview methods and the research 

team’s prior experience. 

Participants for this data collection 

will be recruited with the assistance of 

contractors who have successfully 

performed similar tasks for NIOSH in 

the past. The interview questionnaire 

will be administered verbally to 

participants in English. 

Once this study is complete, results 

will be made available via various 

means including print publications and 

the agency internet site. The 

information gathered by this project 

could be used by OSHA to determine 

guidelines for the development of 

appropriate training materials for small 

construction businesses. The results of 

this project will benefit construction 

workers by developing 

recommendations for increasing the 

effectiveness of occupational safety and 

health outreach methods specifically 

targeted to small construction 

businesses. Although beyond the scope 

of this study, it is expected that 

improved use of OSH programs will 

lower rates of injuries and fatalities for 

workers. 

There is no cost to respondents other 

than their time. The total estimated 

annual burden hours are 45. 

ESTIMATED ANNUALIZED BURDEN HOURS

Respondents Number of 

respondents 

Number of 

responses per 

respondent 

Average 

Burden per 

response 

(in hours) 

SCBs ............................................................................................................................................ 30 1 1.5 

Dated: July 19, 2011. 

Daniel Holcomb, 

Reports Clearance Officer, Centers for Disease 

Control and Prevention. 

[FR Doc. 2011–18809 Filed 7–25–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES (HHS) 

Centers for Medicare & Medicaid 

Services 

Notice of Hearing: Reconsideration of 

Disapproval of Indiana State Plan 

Amendments (SPA) 11–011 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Notice of hearing. 

SUMMARY: This notice announces an 

administrative hearing to be held on 

September 13, 2011, at the CMS Chicago 

Regional Office, 233 N. Michigan 

Avenue, Suite 600, Chicago, IL 60601, to 

reconsider CMS’ decision to disapprove 

Indiana SPA 11–011. 

DATES: Closing Date: Requests to 

participate in the hearing as a party 

must be received by the presiding 

officer by August 10, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Cohen, Presiding Officer 

CMS, 2520 Lord Baltimore Drive, Suite 

L, Baltimore, Maryland 21244, 

Telephone: (410) 786–3169. 

SUPPLEMENTARY INFORMATION: This 

notice announces an administrative 

hearing to reconsider CMS’ decision to 

disapprove Indiana SPA 11–011, which 


sroberts on DSK5SPTVN1PROD with NOTICES
44592 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Notices 

was submitted on May 15, 2011, and 

disapproved on June 1, 2011. The SPA 

proposed to prohibit the State Medicaid 

agency from entering into a contract or 

grant with providers that perform 

abortions or maintain or operate 

facilities where abortions are performed, 

except for hospitals or ambulatory 

surgical centers. 

CMS based the disapproval on a 

determination that SPA 11–011 would 

not comply with the requirements of 

section 1902(a)(23) of the Social 

Security Act (the Act). Whether SPA 

11–011 complies with section 

1902(a)(23) of the Act is the only issue 

in this reconsideration. Section 

1902(a)(23) of the Act provides that 

beneficiaries may obtain covered 

services from any qualified provider 

that undertakes to provide such 

services. Contrary to that requirement, 

this SPA would eliminate the ability of 

Medicaid beneficiaries to receive 

services from specific providers for 

reasons unrelated to their qualifications 

to provide such services. It is not 

consistent with section 1902(a)(23) for 

Medicaid programs to exclude qualified 

health care providers from providing 

services that are funded under the 

program because of a provider’s scope of 

practice. Such a restriction would have 

a particular effect on beneficiaries’ 

ability to access family planning 

providers. It is important to note that 

access to family planning providers is 

an important statutory priority, as 

evidenced by the additional protections 

for beneficiary choice of family 

planning providers under section 

1902(a)(23)(B) of the Act for managed 

care enrollees. It is also important to 

note that neither SPA 11–011 nor the 

disapproval affect the applicable 

restrictions on Federal funding of 

abortion services. 

Section 1116 of the Act and Federal 

regulations at 42 CFR part 430, establish 

Department procedures that provide an 

administrative hearing for 

reconsideration of a disapproval of a 

State plan or plan amendment. CMS is 

required to publish a copy of the notice 

to a State Medicaid agency that informs 

the agency of the time and place of the 

hearing, and the issues to be considered. 

If we subsequently notify the agency of 

additional issues that will be considered 

at the hearing, we will also publish that 

notice. 

Any individual or group that wants to 

participate in the hearing as a party 

must petition the presiding officer 

within 15 days after publication of this 

notice, in accordance with the 

requirements contained at 42 CFR 

430.76(b)(2). Any interested person or 

organization that wants to participate as 

amicus curiae must petition the 

presiding officer before the hearing 

begins in accordance with the 

requirements contained at 42 CFR 

430.76(c). If the hearing is later 

rescheduled, the presiding officer will 

notify all participants. 

The notice to Indiana announcing an 

administrative hearing to reconsider the 

disapproval of its SPA reads as follows: 

Ms. Patricia Casanova, 

Director, MS 07, 402 W. Washington Street, 

Room W382, Indianapolis, IND 46204– 

2739. 

Dear Ms.Casanova: 

I am responding to your request for 

reconsideration of the decision to disapprove 

the Indiana State Plan Amendment (SPA) 11– 

011 which was submitted on May 15, 2011, 

and disapproved on June 1, 2011. The SPA 

proposed to prohibit the State Medicaid 

agency from entering into a contract or grant 

with providers that perform abortions or 

maintain or operate facilities where abortions 

are performed, except for hospitals or 

ambulatory surgical centers. 

Whether SPA 11–011 complies with 

section 1902(a)(23) of the Act is the only 

issue in this reconsideration. 

Section 1902(a)(23) of the Act provides that 

beneficiaries may obtain covered services 

from any qualified provider that undertakes 

to provide such services. Contrary to that 

requirement, this SPA would eliminate the 

ability of Medicaid beneficiaries to receive 

services from specific providers for reasons 

unrelated to their qualifications to provide 

such services. It is not consistent with 

section 1902(a)(23) for Medicaid programs to 

exclude qualified health care providers from 

providing services that are funded under the 

program because of a provider’s scope of 

practice. Such a restriction would have a 

particular effect on beneficiaries’ ability to 

access family planning providers. It is 

important to note that access to family 

planning providers is an important statutory 

priority, as evidenced by the additional 

protections for beneficiary choice of family 

planning providers under section 

1902(a)(23)(B) of the Act for managed care 

enrollees. It is also important to note that 

neither SPA 11–011 nor the disapproval 

affect the applicable restrictions on Federal 

funding of abortion services. 

I am scheduling a hearing on your request 

for reconsideration to be held on September 

13, 2011, at the CMS Chicago Regional 

Office, 233 N. Michigan Avenue, Suite 600, 

Chicago, IL 60601, in order to reconsider the 

decision to disapprove SPA 11–011. 

If this date is not acceptable, we would be 

glad to set another date that is mutually 

agreeable to the parties. The hearing will be 

governed by the procedures prescribed by 

Federal regulations at 42 CFR Part 430. 

I am designating Mr. Benjamin Cohen as 

the presiding officer. If these arrangements 

present any problems, please contact the 

presiding officer at (410) 786–3169. In order 

to facilitate any communication which may 

be necessary between the parties to the 

hearing, please notify the presiding officer to 

indicate acceptability of the hearing date that 

has been scheduled and provide names of the 

individuals who will represent the State at 

the hearing. As you requested, I will also 

provide this response to Indiana Solicitor 

General Thomas M. Fisher. 

Sincerely, 

Donald M. Berwick, M.D. 

Section 1116 of the Social Security 

Act (42 U.S.C. 1316; 42 CFR 430.18). 

(Catalog of Federal Domestic Assistance 

program No. 13.714, Medicaid Assistance 

Program.) 

Dated: July 20, 2011. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

[FR Doc. 2011–18831 Filed 7–25–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2011–N–0010] 

Cooperative Agreement With the World 

Health Organization Department of 

Food Safety and Zoonoses in Support 

of Strategies That Address Food 

Safety Problems That Align 

Domestically and Globally (U01); 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

notice that appeared in the Federal 

Register of June 28, 2011 (76 FR 37817). 

The document announced the 

availability of funds for the support of 

a sole source cooperative agreement 

with the World Health Organization. 

The document published stating that the 

total funding available was up to 

$260,000 (total costs including indirect 

costs) in fiscal year 2011 in support of 

this project. This document corrects that 

error. 

FOR FURTHER INFORMATION AND

ADDITIONAL REQUIREMENTS CONTACT: 

For Programmatic Questions and 

Concerns Contact 

Katherine Bond, Office of 

International Programs, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Silver Spring, MD 20993–0002, 

301–796–8318, e-mail: 

Katherine.bond@fda.hhs.gov. 

For Financial and Administrative 

Questions and Concerns Contact 

Gladys Melendez, Office of 

Acquisition and Grant Services (HFA– 


sroberts on DSK5SPTVN1PROD with NOTICES