8388 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices

application has been accepted for

processing, it will also be available for

inspection at the offices of the Board of

Governors. Interested persons may

express their views in writing on the

question whether consummation of the

proposal can ‘‘reasonably be expected to

produce benefits to the public, such as

greater convenience, increased

competition, or gains in efficiency, that

outweigh possible adverse effects, such

as undue concentration of resources,

decreased or unfair competition,

conflicts of interests, or unsound

banking practices.’’ Any request for a

hearing on this question must be

accompanied by a statement of the

reasons a written presentation would

not suffice in lieu of a hearing,

identifying specifically any questions of

fact that are in dispute, summarizing the

evidence that would be presented at a

hearing, and indicating how the party

commenting would be aggrieved by

approval of the proposal.

Comments regarding the application

must be received at the Reserve Bank

indicated or the offices of the Board of

Governors not later than February 28,

1995.

A. Federal Reserve Bank of

Richmond (Lloyd W. Bostian, Jr., Senior

Vice President) 701 East Byrd Street,

Richmond, Virginia 23261:

1. City Holding Company, Charleston,

West Virginia; to engage de novo in

providing to non-affiliated financial

institutions data processing services for

processing the user bank’s deposit and

loan applications pursuant to §

225.25(b)(7) of the Board’s Regulation Y.

These activities will take place in West

Virginia, Ohio, Kentucky, Virginia,

Maryland, and Pennsylvania.

Board of Governors of the Federal Reserve

System, February 8, 1995.

William W. Wiles,

Secretary of the Board.

[FR Doc. 95–3614 Filed 2–13–95; 8:45 am]

BILLING CODE 6210–01–F

Carl L. Frickey, et al.; Change in Bank

Control Notices; Acquisitions of

Shares of Banks or Bank Holding

Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are

set forth in paragraph 7 of the Act (12

U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

notices have been accepted for

processing, they will also be available

for inspection at the offices of the Board

of Governors. Interested persons may

express their views in writing to the

Reserve Bank indicated for that notice

or to the offices of the Board of

Governors. Comments must be received

not later than March 10, 1995.

A. Federal Reserve Bank of Kansas

City (John E. Yorke, Senior Vice

President) 925 Grand Avenue, Kansas

City, Missouri 64198:

1. Carl L. Frickey, trustee of the Carl

L. Frickey Revocable Trust, Oberlin,

Kansas; to acquire an additional 8.33

percent, for a total of 26.36 percent, of

the voting shares of Farmers Bancshares

of Oberlin, Inc., Oberlin, Kansas, and

thereby indirectly acquire Farmers

National Bank of Oberlin, Oberlin,

Kansas.

B. Federal Reserve Bank of Dallas

(Genie D. Short, Vice President) 2200

North Pearl Street, Dallas, Texas 75201-

2272:

1. Western Bank Las Cruces Employee

Stock Ownership Plan, Las Cruces, New

Mexico; to acquire an additional 13.8

percent, for a total of 16.86 percent, of

the voting shares of Western Bancshares

of Las Cruces, Inc., Carlsbad, New

Mexico, and thereby indirectly acquire

Western Bank, Las Cruces, New Mexico.

Board of Governors of the Federal Reserve

System, February 8, 1995.

William W. Wiles,

Secretary of the Board.

[FR Doc. 95–3615 Filed 2–13–95; 8:45 am]

BILLING CODE 6210–01–F

Valrico Bancorp, Inc.; Formation of,

Acquisition by, or Merger of Bank

Holding Companies

The company listed in this notice has

applied for the Board’s approval under

section 3 of the Bank Holding Company

Act (12 U.S.C. 1842) and § 225.14 of the

Board’s Regulation Y (12 CFR 225.14) to

become a bank holding company or to

acquire a bank or bank holding

company. The factors that are

considered in acting on the applications

are set forth in section 3(c) of the Act

(12 U.S.C. 1842(c)).

The application is available for

immediate inspection at the Federal

Reserve Bank indicated. Once the

application has been accepted for

processing, it will also be available for

inspection at the offices of the Board of

Governors. Interested persons may

express their views in writing to the

Reserve Bank indicated for that

application or to the offices of the Board

of Governors. Any comment on an

application that requests a hearing must

include a statement of why a written

presentation would not suffice in lieu of

a hearing, identifying specifically any

questions of fact that are in dispute and

summarizing the evidence that would

be presented at a hearing.

Comments regarding this application

must be received not later than March

10, 1995.

A. Federal Reserve Bank of Atlanta

(Zane R. Kelley, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303:

1. Valrico Bancorp, Inc., Valrico,

Florida; to become a bank holding

company by acquiring 100 percent of

the voting shares of Valrico State Bank,

Valrico, Florida.

Board of Governors of the Federal Reserve

System, February 8, 1995.

William W. Wiles,

Secretary of the Board.

[FR Doc. 95–3616 Filed 2–13–95; 8:45 am]

BILLING CODE 6210–01–F

FEDERAL TRADE COMMISSION

Application to Office of Management

and Budget for Clearance of

Information Collection Requirements

Contained in Proposed Telemarketing

Sales Rule

AGENCY: Federal Trade Commission

(‘‘FTC’’).

ACTION: Notice of application to the

Office of Management and Budget

(‘‘OMB’’) under the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.)

for clearance of information collection

requirements contained in a proposed

trade regulation rule pursuant to the

Telemarketing and Consumer Fraud and

Abuse Prevention Act.

SUMMARY: The FTC is seeking OMB

clearance for information collection

requirements contained in proposed

regulations implementing the

Telemarketing and Consumer Fraud and

Abuse Prevention Act, 15 U.S.C. 6101–

6108 (‘‘Telemarketing Act’’ or ‘‘the

Act’’).

The Telemarketing Act requires the

Commission to issue a rule prohibiting

deceptive and abusive telemarketing

acts and practices. Section 3(a)(1). In

accordance with the statutory directive,

the Commission is proposing a rule that

prohibits various misrepresentations

and other deceptive and abusive acts

and practices and that imposes various

disclosure and recordkeeping

requirements on affected entities.

Specifically, the proposed rule

requires that affected entities retain

certain records for a two-year period.

These records include advertising,
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8389

promotional materials, and

telemarketing scripts; information

regarding prize recipients and prizes;

sales information; information regarding

employees directly involved in

telephone sales; and written notices,

disclosures and acknowledgements

required under the proposed rule. These

records would be available for

inspection by Commission staff, by

other government law enforcement

personnel, and by private litigants to

determine compliance with the rule.

Absent the recordkeeping

requirements, Commission staff believes

that this is the type of information that

would be retained by these entities in

any event during the normal course of

business because this information

would be useful in resolving private,

non-governmental inquiries and

disputes. The definition of ‘‘burden’’ for

OMB purposes excludes any effort that

would be expended regardless of a

regulatory requirement. 5 C.F.R.

§ 1320.7(b)(1). Thus, the only burden

would be for retaining the records for an

additional period of time.

Currently, staff is estimating that

40,000 entities will be affected and that

it will take each affected entity one hour

per year to retain these documents for

an additional period of time. Thus, the

total burden for the proposed rule is

estimated at 40,000 hours (1 hour per

year times 40,000 industry members).

However, staff is seeking comments,

particularly quantitative estimates,

about the amount of time it would take

to comply with these requirements, and

the comments may result in a change in

the estimated burden hours. The basis

for this estimate is described in more

detail in the Supporting Statement

submitted with the Request for OMB

Review.

DATES: Comments on this application

must be submitted on or before March

31, 1995.

ADDRESSES: Send comments both to

Office of Information and Regulatory

Affairs, Office of Management and

Budget, New Executive Office Building,

Room 3228, Washington, DC 20503,

ATN: Desk Officer for the Federal Trade

Commission, and to the Office of the

Secretary, Room 159, Federal Trade

Commission, Washington, DC 20580.

Copies of the submission to OMB may

be obtained from the Public Reference

Section, Room 130, Federal Trade

Commission, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

David M. Torok, Attorney, Bureau of

Consumer Protection, Division of

Marketing Practices, Federal Trade

Commission, Washington, DC 20580,

(202) 326–3140.

Donald S. Clark,

Secretary.

[FR Doc. 95–3538 Filed 2–13–95; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

[BPD–793–NC]

RIN 0938–AG54

Medicare Program; Schedule of Limits

on Home Health Agency Costs Per

Visit

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Notice with comment period.

SUMMARY: This notice with comment

period sets forth a revised schedule of

limits on home health agency costs that

may be paid under the Medicare

program for cost reporting periods

beginning on or after July 1, 1993. These

limits replace the per-visit limits that

were set forth in our July 8, 1993 notice

with comment period (58 FR 36748).

This notice also provides, in accordance

with the provisions of the Omnibus

Budget Reconciliation Act of 1993

(OBRA ’93), that there will be no

changes in the home health agency

(HHA) cost limits for cost reporting

periods beginning on or after July 1,

1994, and before July 1, 1996. In

addition, this notice responds to public

comments on the July 8, 1993 notice

with comment period, which originally

set forth the HHA cost limits for cost

reporting periods beginning on or after

July 1, 1993, and on the January 6, 1994

notice with comment period (59 FR

760), which announced the elimination

of the hospital based add-on effective

for cost reporting periods beginning on

or after October 1, 1993.

DATES: Effective date: The revised

schedule of limits on HHA costs set

forth in this notice is effective for cost

reporting periods beginning on or after

July 1, 1993.

The OBRA ’93 provision providing

that there be no changes in the HHA

cost limits for cost reporting periods

beginning on or after July 1, 1994, and

before July 1, 1996, as set forth in this

notice, is effective for cost reporting

periods beginning on or after July 1,

1994.

Comment date: Written comments

will be considered if we receive them at

the appropriate address, as provided

below, no later than 5:00 p.m. on April

17, 1995.

ADDRESSES: Mail written comments (1

original and 3 copies) to the following

address: Health Care Financing

Administration, Department of Health

and Human Services, Attention: BPD–

793–NC, P.O. Box 7571, Baltimore

Maryland 21207–0517.

If you prefer, you may deliver your

comments (1 original and 3 copies) to

one of the following addresses: Room

309–G, Hubert H. Humphrey Building,

200 Independence Ave., SW.,

Washington DC 20201, or Room 132,

East High Rise Building, 6325 Security

Boulevard, Baltimore Maryland 21207.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

BPD–793–NC. Comments received

timely will be available for public

inspection as they are received,

beginning approximately 3 weeks after

publication of a document, in Room

309–G of the Department’s offices at 200

Independence Avenue, SW, Washington

DC, on Monday through Friday of each

week from 8:30 a.m. to 5 p.m. (phone:

(202) 690–7890).

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also be

placed by calling the order desk at (202)

783–3238 or by faxing to (202) 512–

2250. The cost for each copy is $8.00.

As an alternative, you can view and

photocopy the Federal Register

document at most libraries designated

as Federal Depository Libraries and at

many other public and academic

libraries throughout the country that

receive the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Michael Bussacca, (410) 966–4602.

SUPPLEMENTARY INFORMATION:

I. Background

A. History

Section 1861(v)(1)(A) of the Social

Security Act (the Act) authorizes the

Secretary to set limits on allowable costs

incurred by a provider of services for

which payment may be made under the

Medicare program. These limits are

based on estimates of the costs

necessary for the efficient delivery of

needed health services. Under this