3406 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 

Summary of Proposed Order With 

Respondent 

The Proposed Order contains 

injunctive relief designed to prevent 

Respondents from engaging in the same 

or similar acts or practices in the future. 

Part I prohibits Respondents from 

misrepresenting the extent to which (1) 

it collects, maintains, uses, discloses, 

deletes any covered information, and (2) 

the location data that Respondents 

collect, use, maintain, or disclose is 

deidentified. 

Part II prohibits Respondents from 

selling, licensing, transferring, sharing, 

disclosing, or using sensitive location 

data in any products or services. 

Sensitive locations are defined as those 

locations in the United States associated 

with (1) medical facilities (e.g., family 

planning centers, general medical and 

surgical hospitals, offices of physicians, 

offices of mental health physicians and 

practitioners, residential mental health 

and substance abuse facilities, 

outpatient mental health and substance 

abuse centers, outpatient care centers, 

psychiatric and substance abuse 

hospitals, and specialty hospitals); (2) 

religious organizations; (3) correctional 

facilities; (4) labor union offices; (5) 

locations of entities held out to the 

public as predominantly providing 

education or childcare services to 

minors; (6) associations held out to the 

public as predominantly providing 

services based on racial or ethnic origin; 

or (7) locations held out to the public as 

providing temporary shelter or social 

services to homeless people, survivors 

of domestic violence, refugees, or 

immigrants. 

Part III requires that Respondents 

implement and maintain a sensitive 

location data Program to develop a 

comprehensive list of sensitive locations 

and to prevent the use, sale, license, 

transfer, or disclosure of sensitive 

location data. 

Part IV requires that Respondents 

establish and implement policies, 

procedures, and technical measures 

designed to prevent recipients of 

Respondents’ location data from 

associating consumers with locations 

providing services to LGBTQ+ 

individuals, locations of public 

gatherings of individuals during social 

demonstrations, marches, or protests, or 

using location data to determine the 

identity or location of an individual’s 

home. 

Part V requires Respondents to notify 

the Commission any time it determines 

that a third party shared Respondents’ 

Location Data, in violation of a 

contractual requirement between 

Respondents and the third party. 

Part VI requires that Respondents 

must not collect, use, maintain, and 

disclose location data (1) when 

consumers have opted-out, or otherwise 

declined targeted advertising, (2) 

without a record documenting the 

consumer’s consent obtained prior to 

the collection of location data, and (3) 

in connection with Respondents’ apps 

unless consumers receive a clear and 

conspicuous quarterly reminder about 

location data being collected. 

Part VII requires that Respondents 

implement a supplier assessment 

program designed to ensure that 

consumers have provided consent for 

the collection and use of location data 

obtained by Respondents. Under this 

program, Respondents must conduct 

initial assessments of all their data 

suppliers within 30 days of entering 

into a data sharing agreement, or within 

30 days of the initial date of data 

collection. The program also requires 

that Respondents confirm that 

consumers provide consent and create 

and maintain records of suppliers’ 

assessment responses. Finally, 

Respondents must cease from using, 

selling, or disclosing location data for 

which consumers have not provided 

consent. 

Part VIII requires that Respondents 

provide a clear and conspicuous means 

for consumers to request the identity of 

any entity, business, or individual to 

whom their location data has been sold, 

transferred, licensed, or otherwise 

disclosed or a method to delete the 

consumers’ location data from the 

databases of Respondents’ customers. 

Respondents must also provide written 

confirmation to consumers that the 

deletion requests have been sent to 

Respondents’ customers. 

Part IX requires that Respondents 

provide a simple, easily-located means 

for consumers to withdraw any consent 

provided and Part X requires that 

Respondents cease collecting location 

data within 15 days after Respondents 

receive notice that the consumer 

withdraws their consent. 

Part XI also requires that Respondents 

provide a simple, easily-located means 

for consumers to request that 

Respondents delete location data that 

Respondents previously collected and to 

delete the location data within 30 days 

of receipt of such request unless a 

shorter period for deletion is required 

by law. 

Part XII requires that Respondents (1) 

document and adhere to a retention 

schedule for the covered information it 

collects from consumers, including the 

purposes for which it collects such 

information, the specific business 

needs, and an established timeframe for 

its deletion, and (2) prior to collecting 

or using new type of information related 

to consumers that was not previously 

collected, and is not described in its 

retention schedule, Respondents must 

update its retention schedule. 

Part XIII requires that Respondents 

delete or destroy all historic location 

data and all data products. Respondents 

have the option to retain historic 

location data if it has obtained 

affirmative express consent or it ensures 

that the historic location data is 

deidentified or rendered non-sensitive. 

Respondents must inform all customers 

that received location data from 

Respondents within 3 years prior to the 

issuance date of this Order, of the 

Commission’s position that such data 

should be deleted, deidentified, or 

rendered non-sensitive. 

Part XIV requires Respondents to 

establish and implement, and thereafter 

maintain, a comprehensive privacy 

program that protects the privacy of 

consumers’ personal information. 

Parts XV–XVIII are reporting and 

compliance provisions, which include 

recordkeeping requirements and 

provisions requiring Respondent to 

provide information or documents 

necessary for the Commission to 

monitor compliance. 

Part XIX states that the Proposed 

Order will remain in effect for 20 years, 

with certain exceptions. 

The purpose of this analysis is to 

facilitate public comment on the 

Proposed Order, and it is not intended 

to constitute an official interpretation of 

the complaint or Proposed Order, or to 

modify the Proposed Order’s terms in 

any way. 

By direction of the Commission. 

April J. Tabor, 

Secretary. 

[FR Doc. 2024–00928 Filed 1–17–24; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Notice of Closed Meeting 

Pursuant to 5 U.S.C. 1009(d), notice is 

hereby given of the following meeting. 

The meeting will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended, and the Determination of 

the Director, Office of Strategic Business 

Initiatives, Office of the Chief Operating 

Officer, CDC, pursuant to Public Law 

92–463. The grant applications and the 


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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Notices 3407 

discussions could disclose confidential 

trade secrets or commercial property 

such as patentable material, and 

personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: Disease, 

Disability, and Injury Prevention and 

Control Special Emphasis Panel (SEP)— 

RFA–IP–24–045, Network of 

Community Cohorts for Monitoring 

Changes in Respiratory Virus 

Epidemiology (Pandemic Preparedness 

Cohorts). 

Dates: April 25–26, 2024. 

Times: 10 a.m.–5 p.m., EDT. 

Place: Videoconference. 

Agenda: To review and evaluate grant 

applications. 

For Further Information Contact: 

Gregory Anderson, MS, M.P.H, 

Scientific Review Officer, National 

Center for HIV, Viral Hepatitis, STD, 

and TB Prevention, Centers for Disease 

Control and Prevention, 1600 Clifton 

Road NE, Mailstop H24–6, Atlanta, 

Georgia 30329–4027. Telephone: (404) 

718–8833; Email: GAnderson@cdc.gov. 

The Director, Office of Strategic 

Business Initiatives, Office of the Chief 

Operating Officer, Centers for Disease 

Control and Prevention, has been 

delegated the authority to sign Federal 

Register notices pertaining to 

announcements of meetings and other 

committee management activities, for 

both the Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Kalwant Smagh, 

Director, Office of Strategic Business 

Initiatives, Office of the Chief Operating 

Officer, Centers for Disease Control and 

Prevention. 

[FR Doc. 2024–00826 Filed 1–17–24; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10346] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, Health and Human 

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 

(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 the necessity and 

utility of the proposed information 

collection for the proper performance of 

the agency’s functions, the accuracy of 

the estimated burden, ways to enhance 

the quality, utility, and clarity of the 

information to be collected, and 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 February 20, 2024. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, please access the CMS PRA 

website by copying and pasting the 

following web address into your web 

browser: https://www.cms.gov/ 

Regulations-and-Guidance/Legislation/ 

PaperworkReductionActof1995/PRAListing. 

FOR FURTHER INFORMATION CONTACT: 

William Parham at (410) 786–4669. 

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 without change of a 

currently approved collection; Title of 

Information Collection: Quality Bonus 

Payment Appeals; Use: Section 1853(o) 

of the Act requires CMS to make QBPs 

to MA organizations that achieve 

performance rating scores of at least 4 

stars under a five-star rating system. 

While CMS has 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 CMS 

assigns for purposes of QBPs directly 

affected the monthly payment amount 

MA organizations receive from CMS 

under their contracts. Additionally, 

section 1854(b)(1)(C)(v) of the Act, as 

added by the Affordable Care Act, also 

requires CMS 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. 

The information collected on the 

Request for Reconsideration form from 

MA organizations is considered by the 

reconsideration official and potentially 

the hearing officer to review CMS’s 

determination of the organization’s 

eligibility for a QBP. The form asks MA 

organizations to select the Star Ratings 

measure(s) they believe was 

miscalculated or used incorrect data and 

describe what they believe is the issue. 

Under § 422.260(c)(3)(ii) these are the 

only bases for appeals. In conducting 

the reconsideration, the reconsideration 

official will review the QBP 

determination, the evidence and 

findings upon which it was based, and 

any other written evidence submitted by 

the organization with their Request for 

Reconsideration or by CMS before the 

reconsideration determination is made. 

Form Number: CMS–10346 (OMB 

Control Number 0938–1129; Frequency: 

Yearly; Affected Public: Private Sector; 

Number of Respondents: 20; Total 

Annual Responses: 20; Total Annual 

Hours: 160. (For policy questions 

regarding this collection contact, Sarah 

Gaillot at 410–786–4637.) 


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