11434 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices 

instrumentalities to make any false, 

unsubstantiated, or otherwise 

misleading representation of material 

fact regarding any product or package. 

Part IV requires N.E.W. to deliver a 

letter to its distributors and retailers that 

instructs them to stop using Evolve and 

Trimax plastic lumber advertising and 

marketing materials provided by N.E.W. 

prior to December 2013. This 

requirement seeks to ensure that 

deceptive claims will be entirely 

removed from the market. 

Parts V through IX are reporting and 

compliance provisions. Part V requires 

Respondent to keep (and make available 

to the Commission on request): Copies 

of advertisements and promotional 

materials containing the representations 

covered by the order; materials relied 

upon in disseminating those 

representations; evidence that 

contradicts, qualifies, or calls into 

question the representations, or the 

basis relied upon for the 

representations. Part VI requires 

dissemination of the order now and in 

the future to principals, officers, 

directors, and managers, and to all 

current and future employees, agents, 

and representatives having 

responsibilities relating to the subject 

matter of the order. It also requires 

Respondent to maintain and make 

available to the FTC all 

acknowledgments of receipt of the 

order. Part VII requires notification to 

the FTC of changes in corporate status. 

Part VIII mandates that Respondent 

submit an initial compliance report to 

the FTC and make available to the FTC 

subsequent reports. Part IX is a 

provision terminating the order after 

twenty (20) years, with certain 

exceptions. 

The purpose of this analysis is to aid 

public comment on the proposed 

consent order. It is not intended to 

constitute an official interpretation of 

the proposed order or to modify its 

terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2014–04380 Filed 2–27–14; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10203] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

ACTION: Notice. 

SUMMARY: The Centers for Medicare & 

Medicaid Services (CMS) is announcing 

an opportunity for the public to 

comment on CMS’ intention to collect 

information from the public. Under the 

Paperwork Reduction Act of 1995 (the 

PRA), federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information (including each proposed 

extension or reinstatement of an existing 

collection of information) and to allow 

60 days for public comment on the 

proposed action. Interested persons are 

invited to send comments regarding our 

burden estimates or any other aspect of 

this collection of information, including 

any of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

DATES: Comments must be received by 

April 29, 2014. 

ADDRESSES: When commenting, please 

reference the document identifier or 

OMB control number (OCN). To be 

assured consideration, comments and 

recommendations must be submitted in 

any one of the following ways: 

1. Electronically. You may send your 

comments electronically to http://

www.regulations.gov. Follow the 

instructions for ‘‘Comment or 

Submission’’ or ‘‘More Search Options’’ 

to find the information collection 

document(s) that are accepting 

comments. 

2. By regular mail. You may mail 

written comments to the following 

address: CMS, Office of Strategic 

Operations and Regulatory Affairs, 

Division of Regulations Development, 

Attention: Document Identifier/OMB 

Control Number lll, Room C4–26– 

05, 7500 Security Boulevard, Baltimore, 

Maryland 21244–1850. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, you may make your request 

using one of following: 

1. Access CMS’ Web site address at 

http://www.cms.hhs.gov/

PaperworkReductionActof1995. 

2. Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov. 

3. Call the Reports Clearance Office at 

(410) 786–1326. 

FOR FURTHER INFORMATION CONTACT: 

Reports Clearance Office at (410) 786– 

1326 

SUPPLEMENTARY INFORMATION: 

Contents 

This notice sets out a summary of the 

use and burden associated with the 

following information collections. More 

detailed information can be found in 

each collection’s supporting statement 

and associated materials (see 

ADDRESSES). 

CMS–10203 Medicare Health Outcomes 

Survey 

Under the PRA (44 U.S.C. 3501– 

3520), federal agencies must obtain 

approval from the Office of Management 

and Budget (OMB) for each collection of 

information they conduct or sponsor. 

The term ‘‘collection of information’’ is 

defined in 44 U.S.C. 3502(3) and 5 CFR 

1320.3(c) and includes agency requests 

or requirements that members of the 

public submit reports, keep records, or 

provide information to a third party. 

Section 3506(c)(2)(A) of the PRA 

requires federal agencies to publish a 

60-day notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension or reinstatement of an existing 

collection of information, before 

submitting the collection to OMB for 

approval. To comply with this 

requirement, CMS is publishing this 

notice. 

Information Collection 

1. Type of Information Collection 

Request: Revision of a currently 

approved collection; Title of 

Information Collection: Medicare Health 

Outcomes Survey (HOS); Use: The 

collection of Medicare Health Outcomes 

Survey (HOS) is necessary to hold 

Medicare managed care contracts 

accountable for the quality of care they 

deliver to beneficiaries. This reporting 

requirement allows us to obtain the 

information necessary for proper 

oversight of the Medicare Advantage 

program. It is critical to our mission that 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Notices 11435 

the we collect and disseminate valid 

and reliable information that can be 

used to improve quality of care through 

identification of quality improvement 

opportunities, assist us in carrying out 

our oversight responsibilities, and help 

beneficiaries make an informed choice 

among health plans. Form Number: 

CMS–10203 (OCN: 0938–0701); 

Frequency: Yearly; Affected Public: 

Individuals and households; Number of 

Respondents: 739,959; Total Annual 

Responses: 244,187; Total Annual 

Hours: 244,187. (For policy questions 

regarding this collection contact 

Kimberly DeMichele at 410–786–4286.) 

Dated: February 24, 2014. 

Martique Jones, 

Deputy Director, Regulations Development 

Group, Office of Strategic Operations and 

Regulatory Affairs. 

[FR Doc. 2014–04328 Filed 2–27–14; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10346 and CMS– 

10496] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

ACTION: Notice. 

SUMMARY: The Centers for Medicare & 

Medicaid Services (CMS) is announcing 

an opportunity for the public to 

comment on CMS’ intention to collect 

information from the public. Under the 

Paperwork Reduction Act of 1995 

(PRA), federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension or reinstatement of an existing 

collection of information, and to allow 

a second opportunity for public 

comment on the notice. Interested 

persons are invited to send comments 

regarding the burden estimate or any 

other aspect of this collection of 

information, including any of the 

following subjects: (1) The necessity and 

utility of the proposed information 

collection for the proper performance of 

the agency’s functions; (2) The accuracy 

of the estimated burden; (3) Ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) The use of automated collection 

techniques or other forms of information 

technology to minimize the information 

collection burden. 

DATES: Comments on the collection(s) of 

information must be received by the 

OMB desk officer by March 31, 2014. 

ADDRESSES: When commenting on the 

proposed information collections, 

please reference the document identifier 

or OMB control number. To be assured 

consideration, comments and 

recommendations must be received by 

the OMB desk officer via one of the 

following transmissions: OMB, Office of 

Information and Regulatory Affairs, 

Attention: CMS Desk Officer, Fax 

Number: (202) 395–5806 or Email: 

OIRA_submission@omb.eop.gov. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, you may make your request 

using one of following: 

1. Access CMS’ Web site address at 

http://www.cms.hhs.gov/

PaperworkReductionActof1995. 

2. Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov. 

3. Call the Reports Clearance Office at 

(410) 786–1326. 

FOR FURTHER INFORMATION CONTACT: 

Reports Clearance Office at (410) 786– 

1326 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3501–3520), federal agencies 

must obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. The term ‘‘collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) and 

includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA (44 U.S.C. 

3506(c)(2)(A)) requires federal agencies 

to publish a 30-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension or 

reinstatement of an existing collection 

of information, before submitting the 

collection to OMB for approval. To 

comply with this requirement, CMS is 

publishing this notice that summarizes 

the following proposed collection(s) of 

information for public comment: 

1. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: Appeals of 

Quality Bonus Payment Determinations; 

Use: Section 1853(o) of the Social 

Security Act (the Act) requires us to 

make quality bonus payments (QBPs) 

QBPs to Medicare Advantage (MA) 

organizations that achieve performance 

rating scores of at least 4 stars under a 

five-star rating system. While we have 

applied a Star Rating system to MA 

organizations for a number of years, 

prior to the QBP program these Star 

Ratings were used only to provide 

additional information for beneficiaries 

to consider in making their Part C and 

D plan elections. Beginning in 2012, the 

Star Ratings we assign for purposes of 

QBPs directly affected the monthly 

payment amount MA organizations 

receive from us under their contracts. 

Additionally, section 1854(b)(1)(C)(v) of 

the Act, as added by the Affordable Care 

Act, also requires us to change the share 

of savings that MA organizations must 

provide to enrollees as the beneficiary 

rebate specified at § 422.266(a) based on 

the level of a sponsor’s Star Rating for 

quality performance. 

While the statute does not specify an 

administrative review process for 

appealing low QBP Star Ratings, we 

have implemented an appeals process in 

accordance with its authority to 

establish MA program standards by 

regulation at section 1856(b)(1) of the 

Act. Under this process, MA 

organizations may seek review of their 

QBP Star Rating determinations. This 

review process also applies to the 

determinations we made where the 

organization’s Star Rating sets its QBP 

status at ineligible for rebate retention. 

The information collected from 

Medicare Advantage organizations is 

considered by the reconsideration 

official and potentially the hearing 

officer to review our determination of 

the organization’s eligibility for a 

quality bonus payment. Form Number: 

CMS–10346 (OCN: 0938–1129; 

Frequency: Yearly; Affected Public: 

Private sector—Business or other forprofits; Number of Respondents: 350; 

Total Annual Responses: 25; Total 

Annual Hours: 200. (For policy 

questions regarding this collection 

contact Sarah Gaillot at 410–786–4637). 

2. Type of Information Collection 

Request: Extension of a currently 

approved collection; Title of 

Information Collection: State Health 

Insurance Exchange Incident Report; 

Use: We have implemented a Computer 

Matching Agreement (CMA) with the 

State-Based Administering Entities 

(AEs). This agreement establishes the 

terms, conditions, safeguards, and 

procedures under which we will 

disclose certain information to the AEs 

in accordance with the Patient 

Protection and Affordable Care Act of 

2010 (Pub. L. 111–148), as amended by 

the Health Care and Education 

Reconciliation Act (Pub. L. 111–152), 

which are referred to collectively as the 

Affordable Care Act (ACA), 


tkelley on DSK3SPTVN1PROD with NOTICES