Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Notices 10781 

dollars ($275,000), as set forth in the 

settlement agreements attached hereto 

as Attachments 1 and 2, to satisfy claims 

that the United States has against each 

defendant under both the False Claims 

Act and the Sherman Act. No additional 

payments are called for under this Final 

Judgment. 

IV. RETENTION OF JURISDICTION 

This Court retains jurisdiction to 

enable any of the parties to this Final 

Judgment to apply to this Court at any 

time for further orders and directions as 

may be necessary or appropriate to carry 

out or construe this Final Judgment, to 

modify or terminate any of its 

provisions, to enforce compliance, and 

to punish violations of its provisions. 

V. PUBLIC INTEREST 

DETERMINATION 

Entry of this Final Judgment is in the 

public interest. The parties have 

complied with the requirements of the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16, including making copies 

available to the public of this Final 

Judgment, the Competitive Impact 

Statement, and any comments thereon 

and Plaintiff’s responses to comments. 

Based upon the record before the Court, 

which includes the Competitive Impact 

Statement and any comments and 

response to comments filed with the 

Court, entry of this Final Judgment is in 

the public interest. 

DATED: llllllllllllllll

lllllllllllllllllllll

UNITED STATES DISTRICT JUDGE 

[FR Doc. 2012–4246 Filed 2–22–12; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF LABOR 

Employee Benefits Security 

Administration 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment; Affordable Care Act 

Internal Claims and Appeals and 

External Review Procedures for NonGrandfathered Plans 

AGENCY: Employee Benefits Security 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor (the 

Department), in accordance with the 

Paperwork Reduction Act of 1995 (PRA 

95) (44 U.S.C. 3506(c)(2)(A)), provides 

the general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the reporting burden on the public and 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. Currently, 

the Employee Benefits Security 

Administration (EBSA) is soliciting 

comments on the revision of the 

information collection provisions of its 

interim final rule at 29 CFR Part 

2590.715–2719, Internal Claims and 

Appeals and External Review Processes 

for Non-grandfathered Plans, that was 

published in the Federal Register on 

June 24, 2011 (76 FR 37208). A copy of 

the information collection request (ICR) 

may be obtained by contacting the office 

listed in the ADDRESSES section of this 

notice. 

DATES: Written comments must be 

submitted to the office shown in the 

Addresses section on or before April 23, 

2012. 

ADDRESSES: Direct all written comments 

regarding the information collection 

request and burden estimates to G. 

Christopher Cosby, Office of Policy and 

Research, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue NW., 

Room N–5647, Washington, DC 20210. 

Telephone: (202) 693–8410; Fax: (202) 

219–4745. These are not toll-free 

numbers. Comments may also be 

submitted electronically to the 

following Internet email address: 

ebsa.opr@dol.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Patient Protection and Affordable 

Care Act, Public Law 111–148, (the 

Affordable Care Act) was enacted by 

President Obama on March 23, 2010. As 

part of the Act, Congress added Public 

Health Service Act (PHS Act) section 

2719, which provides rules relating to 

internal claims and appeals and external 

review processes. The Department, in 

conjunction with the Departments of the 

Treasury and Department of Health and 

Human Services (collectively, the 

Departments), issued interim final 

regulations on July 23, 2010 (75 FR 

43330), which set forth rules 

implementing PHS Act section 2719 for 

internal claims and appeals and external 

review processes. With respect to 

internal claims and appeals processes 

for group health coverage, PHS Act 

section 2719 and paragraph (b)(2)(i) of 

the interim final regulations provide 

that group health plans and health 

insurance issuers offering group health 

insurance coverage must comply with 

the internal claims and appeals 

processes set forth in 29 CFR 2560.503– 

1 (the DOL claims procedure regulation) 

and update such processes in 

accordance with standards established 

by the Secretary of Labor in paragraph 

(b)(2)(ii) of the regulations. 

Also, PHS Act section 2719 and the 

interim final regulations provide that 

group health plans and issuers offering 

group health insurance coverage must 

comply either with a State external 

review process or a Federal review 

process. The regulations provide a basis 

for determining when plans and issuers 

must comply with an applicable State 

external review process and when they 

must comply with the Federal external 

review process. 

The claims procedure regulation 

imposes information collection 

requirements as part of the reasonable 

procedures that an employee benefit 

plan must establish regarding the 

handling of a benefit claim. These 

requirements include third-party notice 

and disclosure requirements that the 

plan must satisfy by providing 

information to participants and 

beneficiaries of the plan. 

On June 24, 2011, the Department 

amended the interim final regulations. 

Two amendments revised the ICR. The 

first amendment provides that plans no 

longer are required to include diagnosis 

and treatment codes on notices of 

adverse benefit determination and final 

internal adverse benefit determination. 

Instead, they must notify claimants of 

the opportunity to receive the codes on 

request and plans and issuers must 

provide the codes upon request. The 

Departments expect that this change 

will lower costs, because plans and 

issuers no longer will have to provide 

the codes on the notices. Plans and 

issuers will incur a cost to establish 

procedures to receive, process, and mail 

the codes upon request. 

The second amendment also changes 

the method plans and issuers must use 

to determine who is eligible to receive 

a notice in a culturally and 

linguistically appropriate manner, and 

the information that must be provided 

to such persons. The previous rule was 

based on the number of employees at a 

firm. The new rule is based on whether 

a participant or beneficiary resides in a 

county where ten percent or more of the 

population residing in the county is 

literate only in the same non-English 

language. 

On December 15, 2011, the Office of 

Management and Budget (OMB) 

approved the amendments to the ICR 

under the emergency procedures for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995 (Pub. L. 104–13, 44 U.S.C. Chapter 

35) and 5 CFR 1320.13 under OMB 

mstockstill on DSK4VPTVN1PROD with NOTICES

10782 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Notices 

Control Number 1210–0144. OMB’s 

approval of the revision currently is 

schedule to expire on June 30, 2012. 

II. Current Actions 

This notice requests public comment 

pertaining to the Department’s request 

for extension of OMB’s approval of its 

revision to OMB Control Number 1210– 

0144. After considering comments 

received in response to this notice, the 

Department intends to submit an ICR to 

OMB for continuing approval. No 

change to the existing ICR is proposed 

or made at this time. The Department 

notes that an agency may not conduct or 

sponsor, and a person is not required to 

respond to, an information collection 

unless it displays a valid OMB control 

number. A summary of the ICR and the 

current burden estimates follows: 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Internal 

Claims and Appeals and External 

Review Processes for NonGrandfathered Plans. 

Type of Review: Revision of a 

currently approved collection of 

information. 

OMB Number: 1210–0144. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 1,020,374. 

Frequency of Responses: On occasion. 

Responses: 111,328. 

Estimated Total Burden Hours: 466 

Estimated Total Burden Cost 

(Operating and Maintenance): 

$1,257,726. 

III. Desired Focus of Comments 

The Department is particularly 

interested in comments that: 

• 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; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• 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., by permitting electronic 

submissions of responses. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the ICR for OMB approval 

of the extension of the information 

collection; they will also become a 

matter of public record. 

Dated: February 13, 2012. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. 2012–4202 Filed 2–22–12; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Public Meeting To Solicit Comments in 

Response to the Presidential 

Memorandum, Managing Government 

Records 

AGENCY: National Archives and Records 

Administration. 

ACTION: Notice of meeting. 

SUMMARY: The National Archives and 

Records Administration (NARA) will 

hold an open meeting to solicit public 

comments in response to the 

Presidential Memorandum on Managing 

Government Records, dated November 

28, 2011. The Memorandum directs the 

Archivist of the United States, in 

coordination with the Director of OMB, 

to consult with those inside and outside 

of the government interested in 

improving records management and 

open government. Comments and 

suggestions received by NARA and 

OMB will help inform the Records 

Management Directive that will be 

issued later this year. The Presidential 

Memorandum can be found at http:// 

www.whitehouse.gov/the-press-office/ 

2011/11/28/presidential-memorandummanaging-government-records (see also 

76 FR 75423, 12/1/11). 

This meeting is primarily focused on 

gathering input from the public interest 

community, from the vendor/IT 

community, and from members of the 

public at large. (Federal agencies will 

separately be submitting reports to 

NARA that contain their suggestions for 

improving and reforming records 

management.) Additionally, NARA has 

an IdeaScale site established to receive 

comments at http:// 

govrecordmanagement.ideascale.com/. 

DATES: The meeting will be held on 

Tuesday, March 27, 2012, from 10 a.m. 

to 12 p.m. 

ADDRESSES: National Archives Building, 

William G. McGowan Theater, 700 

Pennsylvania Avenue NW., Washington, 

DC 20408. Please enter on the 

Constitution Avenue side of the 

building. 

FOR FURTHER INFORMATION CONTACT: 

Laura McCarthy, National Archives at 

College Park, 8601 Adelphi Road, 

College Park, MD 20740, 301–837–3023. 

SUPPLEMENTARY INFORMATION: This 

meeting will be open to the public. 

Dated: February 16, 2012. 

Paul M. Wester, Jr., 

Chief Records Officer for the U.S. 

Government. 

[FR Doc. 2012–4213 Filed 2–22–12; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL FOUNDATION ON THE 

ARTS AND HUMANITIES 

Proposed Collection; Comment 

Request 

AGENCY: National Endowment for the 

Humanities, National Foundation on the 

Arts and Humanities. 

ACTION: Notice. 

SUMMARY: The National Endowment for 

the Humanities (NEH) is soliciting 

public comments on the proposed 

information collection described below. 

The proposed information collection 

will be sent to the Office of Management 

and Budget (OMB) for review, as 

required by the provisions of the 

Paperwork Reduction Act of 1995. 

DATES: Comments on this information 

collection must be submitted on or 

before April 23, 2012. 

ADDRESSES: Send comments to Ms. 

Susan Daisey, Director, Office of Grant 

Management, National Endowment for 

the Humanities, 1100 Pennsylvania 

Avenue NW., Room 311, Washington, 

DC 20506, or by email to: 

sdaisey@neh.gov. Telephone: 202–606– 

8494. 

SUPPLEMENTARY INFORMATION: The 

National Endowment for the Humanities 

will submit the proposed information 

collection to OMB for review, as 

required by the Paperwork Reduction 

Act of 1995 (Pub. L. 104–13, 44 U.S.C. 

Chapter 35). This notice is soliciting 

comments from members of the public 

and affected agencies. NEH is 

particularly interested in comments 

which help the agency to: (1) 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; 

(2) Evaluate the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information, including the 

validity of the methodology and 

assumptions used; (3) Enhance the 

quality, utility, and clarity of the 

information to be collected; and (4) 

mstockstill on DSK4VPTVN1PROD with NOTICES