19072 Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Notices

15Letter to Hon. John Dingell, October 14, 1983;

incorporated in the Commission’s decision in

Cliffdale Associates, 103 F.T.C. 110 (1984).

damaged and repaired. The Commission’s

decision notes in part,

‘‘Even in the absence of affirmative

misrepresentation, it is misleading for the

seller of late model used cars to fail to reveal

the particularized uses to which they have

been put * * * When a later model car is

sold at close to list price * * * the

assumption likely to be made by some

purchasers is that, absent disclosure to the

contrary, such car has not previously been

used in a way that might substantially impair

its value.’’, at 1557–8. ‘‘Absent a clear and

early disclosure of the prior use of a late

model car, deception can result from the

setting in which a sale is made and the

expectations of the buyer * * *’’ at 1555.

The facts in the typical ‘‘lemon

laundering’’ situation clearly conform to the

Commission’s Policy Statement on

Deception.15 The misrepresentation in

question is committed by omission; it is

likely to mislead consumers acting

reasonably under the circumstances; and it is

material, in that it is important, it is likely

to affect the consumer’s choice of a product,

and its omission is likely to cause the

consumer to suffer injury.

Summary

The practice of ‘‘lemon laundering’’

presents a compelling case for deception and

consumer injury. The type of deception

evidenced by the practice is similar to that

addressed in Commission precedents, and

conforms to the Commission’s stated Policy

on Deception. The problem demands a

remedy from the Commission, with its

expertise in fashioning effective consumer

disclosures. Petitioners are confident the

Commission can fashion a remedy, through

rulemaking or enforcement proceedings, that

will preserve state laws protections and will

bring effective consumer protection to all

used car buyers.

Petitioners stand ready to assist the

Commission to develop the factual record of

these practices and to fashion appropriate

remedies.

Respectfully submitted,

Lawrence Kanter,

Counsel.

The following organizations join as Copetitioners in this matter:

Consumers for Auto Reliability & Safety,

Sacramento, CA

Consumer Federation of America,

Washington, DC

U.S. Public Interest Research Group,

Washington, DC

Consumer Action, San Francisco, CA

New York Public Interest Research Group,

New York, NY

Florida Public Interest Research Group,

Tallahassee, FL

Oregon State Public Interest Research Group,

Portland, OR

Center for Auto Safety, Washington, DC

Public Citizen, Washington, DC

Virginia Citizens Consumer Council,

Yorktown, VA

California Public Interest Research Group,

Los Angeles, CA

Connecticut Public Interest Research Group,

Hartford, CT

Massachusetts Public Interest Research

Group, Boston, MA

[FR Doc. 96–10562 Filed 4–29–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

[INFO–96–15]

Proposed Data Collections Submitted

for Public Comment and

Recommendations

In compliance with the requirement

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

Paperwork Reduction Act of 1995 for

opportunity for public comment on

proposed data collection projects, the

Centers for Disease Control and

Prevention (CDC) will publish periodic

summaries of proposed projects. To

request more information on the

proposed projects or to obtain a copy of

the data collection plans and

instruments, call the CDC Reports

Clearance Officer on (404) 639–7090.

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

for other forms of information

technology. Send comments to Wilma

Johnson, CDC Reports Clearance Officer,

1600 Clifton Road, MS–D24, Atlanta,

GA 30333. Written comments should be

received within 60 days of this notice.

Proposed Projects

1. National Survey of Ambulatory

Surgery—(0920–0334)—Extension

The National Survey of Ambulatory

Surgery (NSAS) has been conducted

annually since 1994 by the National

Center for Health Statistics, CDC. It is

the only source of clinical information

nationally on utilization of ambulatory

surgery. It complements surgery data

obtained in another NCHS survey, the

National Hospital Discharge Survey

(NHDS), which provides annual data

concerning the nation’s use of inpatient

medical and surgical care provided in

short-stay, non-Federal hospitals. These

NHDS data have been used for more

than two decades to analyze the types

of surgical treatment provided to

hospital inpatients. However, due to

advances in medical technology, many

surgical treatments and diagnostic

procedures are now provided in

ambulatory settings which are outside

the scope of the NHDS. The NSAS, a

national probability sample of hospitalbased and freestanding ambulatory

surgery centers in the U.S., has been

designed to provide valid data about

medical and surgical care received in

ambulatory surgery locations. Data for

the NSAS are collected annually on

approximately 120,000 ambulatory

surgery cases. The data items which are

abstracted from medical records are the

basic core of variables from the Uniform

Hospital Discharge Data Set (UHDDS) as

well as surgery times, total charges and

information on anesthesia. These NSAS

data will be used for a variety of

planning, administrative, and

evaluation activities by government,

professional, scientific, academic, and

commercial institutions. Data collected

through the NSAS are essential for

evaluating health status of the

population, for the planning of

programs and policy to elevate the

health status of the Nation, for studying

morbidity trends, and for research

activities in the health field. For

example, selected government agencies

are interested in specific NSAS data to

track the incidence of selected

ambulatory procedures, e.g., estimates

of tubal sterilization, estimates of

endoscopies and related digestive tract

procedures, and estimates of endoscopic

removal of pre-cancerous polyps. In

addition, NSAS data will provide

annual updates for numerous tables in

the Congressionally-mandated NCHS

report, Health, United States. The total

cost to respondents is estimated at

$256,000.
Federal Register / Vol. 61, No. 84 / Tuesday, April 30, 1996 / Notices 19073

Respondents No. of

responses

No. of responses/respondentAverage burden/response

(in hrs.)

Total burden (in hrs.)

Induction ......................................................................................................................... 40 1 1.5 60

Out-of-scope Verification ................................................................................................ 140 1 0.066 9

Sample Listing Sheet:

ASC Personnel ........................................................................................................ 224 12 0.5 1,344

Census Personnel ................................................................................................... 267 12 0 0

Medical Abstract:

ASC Personnel ........................................................................................................ 324 250 0.2 16,200

Census Personnel ................................................................................................... 167 250 0.03333 1,392

Annual Update ................................................................................................................ 491 1 0.083 41

Quality Control ................................................................................................................ 245 200 .0333 163

Total ................................................................................................................. .................... .................... ...................... 19,209

Dated: April 24, 1996.

Wilma G. Johnson,

Acting Associate Director for Policy Planning

and Evaluation, Centers for Disease Control

and Prevention (CDC).

[FR Doc. 96–10627 Filed 4–29–96; 8:45 am]

BILLING CODE 4163–18–P

National Center for Health Statistics;

ICD–9–CM E Code Revisions

AGENCY: National Center for Health

Statistics, Centers for Disease Control

and Prevention (CDC), DHHS.

ACTION: Notice.

SUMMARY: The National Center for

Health Statistics has approved the

following expansion to the External

Cause Codes in the International

Classification of Diseases, Ninth

Revision, Clinical Modification (ICD–9–

CM). These ICD–9–CM E-Code revisions

will become effective October 1, 1996.

The official guidelines for the

application of E-codes for morbidity

purposes will also be updated at that

time. The official government version of

the ICD–9–CM which will include all

the revisions effective October 1, 1996,

will be found on the ICD–9–CM CD–

ROM which will be available through

the Government Printing Office.

E967 Child and adult battering and

other maltreatment

E967.0 By father or stepfather

E967.2 By mother or stepmother

E967.3 By spouse or partner

E967.4 By child

E967.5 By sibling

E967.6 By grandparent

E967.7 By other relative

E967.8 By non-related caregiver

FOR FURTHER INFORMATION CONTACT:

Donna Pickett, R.R.A., Co-chair, ICD–9–

CM Coordination and Maintenance

Committee, National Center for Health

Statistics, CDC, telephone (301) 436–

7050.

Dated: April 24, 1996.

Joseph R. Carter,

Acting Associate Director for Management

and Operations, Centers for Disease Control

and Prevention (CDC).

[FR Doc. 96–10628 Filed 4–29–96; 8:45 am]

BILLING CODE 4163–18–P

[Announcement 619]

HIV-Related Tuberculosis Preventive

Therapy Regimen Demonstration

Cooperative Agreements

Introduction

The Centers for Disease Control and

Prevention (CDC) announces the

availability of fiscal year (FY) 1996

funds to continue the cooperative

agreement program started in FY 1992

through announcement number 261

entitled ‘‘Human Immunodeficiency

Virus (HIV) Related Tuberculosis (TB)

Preventive Therapy Regimen (PTR)

Demonstration Cooperative

Agreements.’’ Current recipients will

compete to extend the project period for

an additional three years to allow

sufficient time to actively monitor and

ensure compliance with drug therapy,

assess toxicity, and appropriately

evaluate patients for up to two years

after completion of preventive therapy.

All applicants, however, who meet the

eligibility criteria will be considered.

See the section entitled Eligible

Applicants.

CDC is committed to achieving the

health promotion and disease

prevention objectives of ‘‘Healthy

People 2000,’’ a national activity to

reduce morbidity and mortality and

improve the quality of life. This

announcement is related to the priority

areas of HIV Infection and

Immunization and Infectious Diseases.

(For ordering a copy of ‘‘Healthy People

2000,’’ see the section Where To Obtain

Additional Information.)

Authority

This program is authorized under

Section 317E of the Public Health

Service Act, [42 U.S.C. 247b–6], as

amended.

Smoke-Free Workplace

CDC strongly encourages all grant

recipients to provide a smoke- free

workplace and to promote the non-use

of all tobacco products, and Public Law

103–227, the Pro-Children Act of 1994,

prohibits smoking in certain facilities

that receive Federal funds in which

education, library, day care, health care,

and early childhood development

services are provided to children.

Eligible Applicants

Applications may be submitted by

public and private, nonprofit and forprofit organizations and governments

and their agencies. Thus, universities,

and colleges; and research institutions,

hospitals, other public and private

organizations, State and local

governments or their bonafide agents,

federally recognized Indian tribal

governments, Indian tribes or Indian

tribal organizations, and small,

minority- and/or women-owned

businesses are eligible to apply.

Applicants must have the ability to (1)

identify, obtain informed consent, and

enroll a minimum of 25 dually-infected

(TB/HIV-infected) persons and start

them on one of two TB preventive

regimens according to the

randomization schedule provided by

CDC and (2) conduct patient follow-up

according to accepted clinical study

practices. A copy of the prescribed

regimens is included in the application

kit. Applicants must be able to complete

all phases of the project within the

proposed three year project period.

Preference will be given to competing

continuation applications submitted by

the current cooperative agreement

recipients funded in FY 1992 through

competitive announcement number 261

entitled ‘‘Human Immunodeficiency