46364 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Notices

1The comment submitted in response to the

notice has been placed on the public record, and

is filed as document number B21946900001. In

today’s notice, the comment is cited as Lamet, #1.

2Lamet, #1. 3 5 U.S.C. 504; 28 U.S.C. 2412.

Public Comments

Members of the public were invited to

comment on any issues or concerns that

they believed were relevant or

appropriate to these policies. 62 FR

16809, 16814. The only comment

received in response to the

Commission’s notice was submitted by

Jerome S. Lamet, Esq., an attorney in

Chicago, Illinois.1 The comment

addressed issues not encompassed

within the scope of the notice, and did

not relate to any specific aspect of the

policies adopted by the Commission.

The comment appeared to relate to

actions brought by the Commission in

federal district court under sections

13(b) and 19 of the FTC Act, 15 U.S.C.

53(b) and 57b, following entry of a court

order restraining a defendant from

disposing of individual or corporate

assets. Mr. Lamet commented that when

the defendant in such a case is a small

business, the Commission should not

oppose the defendant’s motion to

release frozen assets to pay its attorney.

In the alternative, the commenter stated

that the Commission should provide

legal counsel for defendants who are

small businesses, or funds for that

purpose.2

When the Commission brings actions

under sections 13(b) and 19 of the FTC

Act, it considers a number of factors in

determining whether to seek a court

order freezing assets and thereafter

oppose motions to release frozen assets

to pay defendants’ attorneys. These

factors include, but are not limited to,

the seriousness of any fraud, the threat

of dissipation of assets, the degree of

consumer injury, and the funds

necessary to redress injury to

consumers. Typically, when the

Commission opposes motion to release

frozen assets to pay defendants’

attorneys, it does so based on the theory

that it only will be able to achieve relief

if the frozen assets identified by the

Commission are preserved to provide

restitution to the victims of the

defendants’ fraud, and the defendants

should not be permitted to use the

proceeds of fraud to finance their

defense of the fraud. The Commission

addresses this issue on a case-by-case

basis based on individual facts and

circumstances. It is beyond the

Commission’s statutory authority, as

mandated by Congress pursuant to the

FTC Act, to provide legal counsel to

defendants who are small businesses,

or, except in the limited circumstances

provided in the Equal Access to Justice

Act,3 to provide funds for that purpose.

Accordingly, the Commission has

determined not to revise either its small

business compliance assistance policy

or its civil penalty leniency policy.

Authority: Secs. 213 and 223, Pub. L. 104–

121, 110 Stat. 847.

By direction of the Commission.

Benjamin I. Berman,

Acting Secretary.

[FR Doc. 97–23186 Filed 8–29–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Advisory Commission on Consumer

Protection and Quality in the Health

Care Industry; Notice of Public Meeting

In accordance with Section 10(a)(2) of

the Federal Advisory Committee Act,

Public Law 92–463, notice is hereby

given of the meeting of the Advisory

Commission on Consumer Protection

and Quality in the Health Care Industry.

This two-day meeting will be open to

the public, limited only by the space

available.

Place of Meeting: The University of

Illinois at Chicago, West Campus:

Chicago Illini Union, 2nd Floor, Chicago

Rooms; 828 South Wolcott Avenue,

Chicago, Illinois 60612. Exact locations

of the sessions will be available at the

Union center and on the Commission’s

web site,

‘‘www.hcqualitycommission.gov’’.

Times and Dates: The public meeting

will span two days. On Tuesday,

September 9, 1997, the subcommittee

break-out sessions will take place from

10:00 a.m. until 4:30 p.m. On

Wednesday, September 10, 1997, the

general plenary session will begin at

8:00 a.m. and it will continue until 4:00

p.m.

Purpose/Agenda: To hear testimony

and continue formal proceedings of the

Commission’s four (4) subcommittees.

Agenda items are subject to change as

priorities dictate.

Contact Person: For more information,

including substantive program

information and summaries of the

meeting, please contact: Edward (Chip)

Malin, Hubert Humphrey Building,

Room 118F, 200 Independence Avenue,

S.W., Washington, DC 20201; [202/205–

3333].

Dated: August 25, 1997.

Richard Sorian,

Deputy Director, Advisory Commission on

Consumer Protection and Quality in the

Health Care Industry.

[FR Doc. 97–23177 Filed 8–29–97; 8:45 am]

BILLING CODE 4110–60–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

[30DAY–20–97]

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 the CDC Reports Clearance

Office on (404) 639–7090. Send written

comments to CDC, Desk Officer; Human

Resources and Housing Branch, New

Executive Office Building, Room 10235;

Washington, DC 20503. Written

comments should be received within 30

days of this notice.

Proposed Projects

1. National Inventory of Clinical

Laboratory Testing Services (NICLTS)—

New—This is a new data collection.

CDC proposes to gather data through the

use of a mail/telephone-assisted survey

of a statistical sample of waived and

provider performance microscopy

(PPM) certified laboratories. The use of

a mail/telephone survey instrument will

be cost-effective approach for

performing the inventory of clinical

laboratory testing services by analytes,

test systems, specimen types and test

volume in laboratories with limited

menus such as waived and PPM

facilities.

The data collected in this study will

provide the government, policy makers,

practitioners and researchers with

national estimates of analytes, test

systems, and test volumes being

performed in each of the ten defined

regions in the United States in waived

and PPM laboratories.

This baseline survey will be analyzed

and used by CDC in: (1) Responding to

questions concerning the impact of both

regulatory and non-regulatory changes

in the delivery of clinical laboratory

medicine to Congress, DHHS, and the

public; (2) allowing the government to

track changes in public access to

clinical laboratory testing and to