16590 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

disease; or can be used, beneficially and

safely, in amounts or with frequency

sufficient to cause diarrhea, unless

respondents can substantiate these

representations with competent and

reliable scientific evidence. Again, the

same prohibition is contained in Part II

of the proposed order against

respondent Shell, but covers

representations for Lipitrol or any

product or program.

Part III of the proposed order against

respondents IMT and EHI prohibits

them from misrepresenting the

existence, contents, validity, results,

conclusions or interpretations of any

test, study or research in connection

with Lipitrol or any weight loss, fat

reduction or cholesterol reduction

product or program, or any food, drug

or dietary supplement. Part IV of the

proposed order prohibits respondents

IMT and EHI from making

representations about the benefits,

performance, efficacy or safety of

Lipitrol or any weight loss, fat reduction

or cholesterol reduction product or

program, or any food, drug or dietary

supplement unless competent and

reliable scientific evidence substantiates

any such representation. Parts III and IV

of the proposed order against

respondent Shell are the same except

that the prohibitions apply to

representations for Lipitrol or any

product or program.

Part V of the proposed orders against

respondents IMT, EHI and Shell, and

Part I of the proposed order against

respondent Pelzer, bars each of these

respondents from providing means and

instrumentalities or substantial

assistance or support to any person or

entity who they know or should know

is making any false or misleading or

unsubstantiated claim for any weight

loss, fat reduction or cholesterol

reduction product or program. The

proposed orders define ‘‘assistance’’ to

include providing: tests, analyses,

studies or research to determine the

benefits, performance, efficacy or safety

of the product or program; licensing or

other contractual rights to market any

such product or program; technical

assistance; or advertising, labeling or

promotional materials for the marketing

and sale of any such product or

program.

Part VI of the proposed orders against

respondents IMT, EHI and Shell, and

Part II of the proposed order against

respondent Pelzer, require these

respondents to monitor business

practices of certain parties to whom

they provide assistance. To the extent

that any such party is engaged in the

marketing and sale of any weight loss,

fat reduction or cholesterol reduction

product or program, these respondents

must make an effort to determine

whether false or misleading or

unsubstantiated claims are being made

with respect to any such product or

program. Specifically, these respondents

must review all advertisements and

promotional materials and all tests,

reports, studies, surveys,

demonstrations or other evidence that

any such person relies upon in making

any claims to consumers. In addition,

these respondents are required to

terminate their business relationship

with any person whom they know or

should know is making any false or

misleading or unsubstantiated claims.

Part VII of the proposed order against

respondents IMT and EHI requires them

to pay $35,000 in consumer redress in

three installments over a period of one

year. If consumer redress is

impracticable, Part VII provides that

these funds will be paid into the United

States Treasury. Part VII(C) requires IMT

and EHI to provide the Commission

with a security interest in certain

property to insure full payment of the

$35,000 of consumer redress.

Part VII(A)(1) and (2) of the proposed

order against respondent Shell requires

him to obtain a performance bond for

$1,000,000 before he markets, sells or

holds any ownership interest or official

position in any business that advertises

or sells Lipitrol or any other weight loss,

fat reduction or cholesterol reduction

product composed of fiber and bile

extract. Part VII(A)(3) and (4) of the

proposed order also requires respondent

Shell to obtain a performance bond of

$250,000 before he markets, sells or

holds an ownership interest or official

position in any business that advertises

or sells any weight loss, fat reduction or

cholesterol reduction product or

program to consumers, other than his

treatment of patients in connection with

his private medical practice. Parts VII(B)

through (F) require respondent Shell to

provide a copy of the bond to the FTC;

prohibit him from disclosing the

existence of the bond to any consumer;

and describe the period during which

the bond must remain effective, the

bond’s coverage, the bond’s potential

beneficiaries and certain other

administrative requirements.

Part VIII of the proposed order against

respondent Shell requires him to pay

consumer redress in the amount $20,000

in four installments over a period of one

year. In the event that consumer redress

is impractical, this Part provides that

these funds will be paid into the United

States Treasury. Part VII(C) requires

Shell to provide the Commission with a

security interest in certain property to

insure full payment of the $20,000 of

consumer redress.

Parts VIII and IX of the proposed

order against respondents IMT and EHI,

Parts IX and X of the proposed order

against respondent Pelzer, contain

provisions permitting certain claims

that are approved for labels by the FDA,

either under the Nutrition Labeling and

Education Act, a tentative final or final

monograph or under a new drug

application approved by the FDA.

Parts X, XI, XII and XIII of the

proposed order against respondents IMT

and EHI, Parts XI, XII, XIII and XIV of

the proposed order against respondent

Shell, and Parts V, VI, VII and VIII of the

proposed order against respondent

Pelzer, contain compliance reporting

provisions requiring these respondents

to: retain all records that would bear on

their compliance with the respective

orders; notify the Commission of any

changes in the structure of the corporate

respondents that may affect their

compliance obligations under the

orders, or any changes in the business

affiliations of the individual

respondents relating to the advertising,

offering for sale, sale or distribution of

any weight loss, fat reduction or

cholesterol reduction product or

program; distribute copies of the orders

to those persons having responsibility

with respect to the subject matter of the

respective orders; and report to the

Commission their compliance with the

terms of the respective orders.

Part XIV of the proposed order against

respondents IMT and EHI, Part XV of

the proposed order against respondent

Shell, and Part IX of the proposed order

against respondent Pelzer contain a

provision automatically terminating the

order twenty (20) years from the date

that they become final.

The purpose of this analysis is to

facilitate public comment on the

proposed orders. It is not intended to

constitute an official interpretation of

the agreements and proposed orders or

to modify their terms in any way.

Donald S. Clark,

Secretary.

[FR Doc. 97–8802 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

GENERAL ACCOUNTING OFFICE

Federal Accounting Standards

Advisory Board Meeting

AGENCY: General Accounting Office.

ACTION: Notice of meeting.

SUMMARY: Pursuant to section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. No. 92–463), as amended,
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices 16591

notice is hereby given that the Federal

Accounting Standards Advisory Board

will meet on Friday, April 18, 1997,

from 9:00 a.m. to 4:00 p.m.,in room

7C13 of the General Accounting Office

building, 441 G St., NW., Washington,

DC.

The purpose of the meeting is to

discuss the following issues: (1) Social

insurance, (2) natural resources, (3)

consolidated stewardship reporting, and

(4) federal mission Property, Plant and

Equipment (PP&E).

Any interested person may attend the

meeting as an observer. Board

discussions and reviews are open to the

public.

FOR FURTHER INFORMATION CONTACT:

Wendy Comes, Executive Director, 441

G St., NW., Room 3B18, Washington, DC

20548 (note new address, effective April

7) or call (202) 512–7350.

Authority: Federal Advisory Committee

Act. Pub. L. No. 92–463, Section 10(a)(2), 86

Stat. 770, 774 (1972) (current version at 5

U.S.C. app. section 10(a)(2) (1988); 41 CFR

101–6.1015 (1990).

Dated: April 1, 1997.

Wendy M. Comes,

Executive Director.

[FR Doc. 97–8710 Filed 4–4–97; 8:45 am]

BILLING CODE 1610–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary

Agency Information Collection

Activities: Proposed Collections;

Comment Request

The Department of Health and Human

Services, Office of the Secretary will

periodically publish summaries of

proposed information collections

projects and solicit public comments in

compliance with the requirements of

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

Reduction Act of 1995. To request more

information on the project or to obtain

a copy of the information collection

plans and instruments, call the OS

Reports Clearance Officer on (202) 690–

6207.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed collection of information; (c)

ways to enhance the quality, utility and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on respondents, including through the

use of automated collection techniques

or other forms of information

technology.

Proposed Projects: Voluntary

Customer Surveys to Implement

Executive Order 12862 in the Public

Health Service—Extension—0937–

0201—The Public Health Service is

conducting numerous customer-related

surveys under this approved collection

of information. Activities for which an

extension of OMB approval will be

requested are as follows: (A) The Smoke

Free Kids Campaign in the Office of

Public Health and Science (OPHS) is

conducting an on-line customer

feedback survey pertaining to products

and information offered by the Web site.

An estimated 5,000 annual respondents

(Web site visitors who order a product)

will spend 1.5 minutes per response for

a total annual burden of 125 hours. (B)

The Food and Drug Administration

(FDA) will survey physicians and allied

health professionals on their satisfaction

with the FDA Medical Bulletin. An

estimated 1,200 annual respondents will

spend ten minutes per response for a

total annual burden of 200 hours. (C)

The FDA will survey mammography

facilities to gather information about the

existing inspection process as it is

perceived by the facilities. An estimated

1039 respondents will spend 15 minutes

per response for a total annual burden

of 260 hours. (D) The Center for Disease

Control (CDC) will survey users of the

National Center for Health Statistics

(NCHS) Internet Homepage to assess

user satisfaction with the Internet site.

An estimated 5,400 annual respondents

will spend seven minutes per response

for a total annual burden of 630 hours.

(E) CDC is surveying state health

departments about the quality of

technical assistance received for

violence prevention. The 50 states will

spend 45–60 minutes per response for a

total burden of 43 hours. (F) The Agency

for Health Care Policy and Research

(AHCPR) is conducting a customer

satisfaction survey of the recipients of

AHCPR publications. On average, there

will be 12,300 annual respondents at ten

minutes per response for a total annual

burden of 2,050 hours. (G) AHCPR is

conducting a survey of customer

opinions on the information offered

through the AHCPR Web Site. An

estimated 500 annual respondents will

spend seven minutes per response for a

total annual burden of 59 hours. (H)

AHCPR will conduct a survey of the

customers of the AHCPR Publications

Clearinghouse to measure customer

perception of service quality. An

estimated 7,500 respondents will spend

two minutes per response for a total

burden of 250 hours. (I) AHCPR will

conduct a survey of physicians and

nurses regarding the use of AHCPR

Clinical Practice Guidelines. Roughly 80

respondents will spend 30 minutes per

response for a total burden of 40 hours.

(J) AHCPR will conduct a survey to

assess the usage of the Quality

Measurement Network (QMNet). An

estimated 100 respondents will spend

23 minutes per response for a total

annual burden of 39 hours. (K) The

National Library of Medicine (NLM)

will conduct an online survey of its

World Wide Web site customers to

determine user satisfaction with the

content and format of the site. 500

respondents will spend three minutes

per response for a total burden of 25

hours. (L) NLM will conduct an

interactive voice response survey of

their National Network of Libraries of

Medicine member libraries to ascertain

satisfaction with the Web site. An

estimated 3902 respondents will spend

three minutes per response for a total

burden of 196 hours. (M) NLM will

conduct a survey of the users of its

Reference and MEDLARS telephone

service desks to assess customer

satisfaction with the individual

interactions they have had with the

customer service desk staff. Roughly 413

respondents will spend three minutes

per response for a total burden of 21

hours. (N) The National Cancer

Institute’s (NCI) International Cancer

Information Center is surveying

Information Associates Program

members to determine user satisfaction

with NCI’s cancer information products.

4,400 respondents will spend 18

minutes per response for a total burden

of 1,320 hours. (O) The National

Institutes of Health (NIH) is conducting

a survey of research grant applicants to

determine their satisfaction with the

grant application and review process.

Approximately 2215 respondents will

spend 30 minutes per response for a

total burden of 1,108 hours.

Send comments to Cynthia Agens

Bauer, OS Reports Clearance Officer,

Room 503H, Humphrey Building, 200

Independence Avenue S.W.,

Washington DC, 20201. Written

comments should be received by June 6,

1997.

Dated March 27, 1997.

Dennis P. Williams,

Deputy Assistant Secretary, Budget.

[FR Doc. 97–8806 Filed 4–4–97; 8:45 am]

BILLING CODE 4150–04–M