24796 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Notices

writing on the standards enumerated in

the BHC Act (12 U.S.C. 1842(c)). If the

proposal also involves the acquisition of

a nonbanking company, the review also

includes whether the acquisition of the

nonbanking company complies with the

standards in section 4 of the BHC Act,

including whether the acquisition of the

nonbanking company 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’’

(12 U.S.C. 1843). Any request for

a hearing 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.

Unless otherwise noted, nonbanking

activities will be conducted throughout

the United States.

Unless otherwise noted, comments

regarding each of these applications

must be received at the Reserve Bank

indicated or the offices of the Board of

Governors not later than June 10, 1996.

A. Federal Reserve Bank of Atlanta

(Zane R. Kelley, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303:

1. TIB Financial Corp., Key Largo,

Florida; to become a bank holding

company by acquiring 100 percent of

the voting shares of TIB Bank of the

Keys, Key Largo, Florida.

B. Federal Reserve Bank of Dallas

(Genie D. Short, Vice President) 2200

North Pearl Street, Dallas, Texas 75201-

2272:

1. XIT Bancshares, Inc., Littlefield,

Texas; to become a bank holding

company by acquiring 100 percent of

the voting shares of XIT Delaware, Inc.,

Dover, Delaware, and thereby indirectly

acquire Security State Bank, Littlefield,

Texas.

In connection with this application,

XIT Delaware, Inc., Dover, Delaware,

also has applied to become a bank

holding company by acquiring 100

percent of the voting shares of Security

State Bank, Littlefield, Texas.

Board of Governors of the Federal Reserve

System, May 10, 1996.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 96–12254 Filed 5–15–96; 8:45 am]

BILLING CODE 6210–01–F

Notice of Proposals to Engage in

Permissible Nonbanking Activities or

to Acquire Companies that are

Engaged in Permissible Nonbanking

Activities

The companies listed in this notice

have given notice under section 4 of the

Bank Holding Company Act (12 U.S.C.

1843) (BHC Act) and Regulation

Y, (12 CFR part 225) to engage de novo,

or to acquire or control voting securities

or assets of a company that engages

either directly or through a subsidiary or

other company, in a nonbanking activity

that is listed in § 225.25 of Regulation

Y (12 CFR 225.25) or that the Board has

determined by Order to be closely

related to banking and permissible for

bank holding companies. Unless

otherwise noted, these activities will be

conducted throughout the United States.

Each notice is available for inspection

at the Federal Reserve Bank indicated.

Once the notice 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 the proposal complies

with the standards of section 4 of the

BHC Act, including 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’’

(12 U.S.C. 1843). 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.

Unless otherwise noted, comments

regarding the applications must be

received at the Reserve Bank indicated

or the offices of the Board of Governors

not later than May 30, 1996.

A. Federal Reserve Bank of Atlanta

(Zane R. Kelley, Vice President) 104

Marietta Street, N.W., Atlanta, Georgia

30303:

1. TB&C Bancshares, Inc. and

Synovus Financial Corp., both of

Columbus, Georgia; to acquire

Canterbury Trust Company,

Birmingham, Alabama, and thereby

engage in trust services, pursuant to §

225.25(b)(3) of the Board’s Regulation Y.

B. Federal Reserve Bank of Chicago

(James A. Bluemle, Vice President) 230

South LaSalle Street, Chicago, Illinois

60690:

1. Friendship Bancorp, Friendship,

Indiana; to acquire Independent Bankers

Life Insurance Company of Indiana,

Phoenix, Arizona, and thereby engage in

underwriting credit life, accident and

health insurance directly related to

extensions of credit by the banks and

bank holding companies owning stock

in the insurance agency, pursuant to §

225.25(b)(8)(i) of the Board’s Regulation

Y.

Board of Governors of the Federal Reserve

System, May 10, 1996.

Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 96–12255 Filed 5–15–96; 8:45 am]

BILLING CODE 6210–01–F

OFFICE OF GOVERNMENT ETHICS

Submission for OMB Review;

Comment Request for the Proposed

Modified Form for Requesting Access

to Executive Branch Public Financial

Disclosure Reports and Other Covered

Records

AGENCY: Office of Government Ethics

(OGE).

ACTION: Notice.

SUMMARY: The Office of Government

Ethics has submitted to the Office of

Management and Budget (OMB) a

slightly modified OGE Form 201 used

by persons for requesting access to

executive branch public financial

disclosure reports and other covered

records for three-year approval under

the Paperwork Reduction Act. This

modified form will replace the existing

one.

DATES: Comments on this proposal

should be received by June 17, 1996.

ADDRESSES: Comments should be sent to

Joseph F. Lackey, Jr., Office of

Information and Regulatory Affairs,

Office of Management and Budget, New

Executive Office Building, Room 10235,

Washington, DC 20503; telephone: 202–

395–7316.

FOR FURTHER INFORMATION CONTACT:

William E. Gressman, Office of General

Counsel and Legal Policy, Office of

Government Ethics, 1201 New York

Avenue, NW., Washington, DC 20005–

3917; telephone: 202–208–8000 (ext.

1110), FAX: 202–208–8037 (please note

the new OGE telephone and FAX

numbers which became effective May 6,

1996). A copy of OGE’s draft form, as

well as the rest of OGE’s paperwork

submission package to OMB, may be
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Notices 24797

obtained, without charge, by contacting

Mr. Gressman.

SUPPLEMENTARY INFORMATION: The Office

of Government Ethics has submitted to

OMB, for three-year approval by OMB

under the Paperwork Reduction Act of

1995 (44 U.S.C. chapter 35), a proposed

modified OGE Form 201 ‘‘Request to

Inspect or Receive Copies of SF 278

Executive Branch Personnel Public

Financial Disclosure Report or Other

Covered Record’’ (OMB control # 3209–

0002). On January 4, 1996, OGE

published an advance paperwork notice

of the proposed modified OGE Form 201

(see 61 FR 357–358). No public

comments were received on that

advance notice, though OGE did receive

three requests by persons outside OGE

for copies of the proposed new form,

which were provided. Therefore, OGE

has determined to proceed with

submission of the proposed modified

form, with one revision noted below, to

OMB for approval. Once finally

approved by OMB and adopted by OGE,

the modified version of OGE Form 201

will replace the existing version (whose

paperwork clearance is scheduled to

expire at the end of this coming July).

As noted in the advance FR notice,

OGE, as the supervising ethics office for

the executive branch of the Federal

Government under the Ethics in

Government Act (the ‘‘Ethics Act’’), is

proposing to slightly modify and update

the existing access form. That form, the

OGE Form 201, collects information

from, and provides certain information

to, persons who seek access to SF 278

reports and other covered records. The

other covered records are certificates of

divestiture, section 208 waiver

determinations (after removal of any

information exempt from disclosure

under the Freedom of Information Act),

other access requests and, as being

expressly added in the proposed

modified form, certain publicly

available qualified trust documents. See

sections 102 (f)(5)(D) & (f)(7)(B) and 105

(b) & (c) of the Ethics in Government Act

of 1978 as amended (the ‘‘Ethics Act’’),

5 U.S.C. app., secs. 102 (f)(5)(D) &

(f)(7)(B) and 105 (b) & (c), 18 U.S.C.

208(d)(1), and OGE’s implementing

financial disclosure regulations at 5 CFR

2634.408(d), 2634.603(c), (f) & (g)(2),

and 2634.1004 as well as appendixes A,

B and C to part 2634.

The form reflects the requirements of

the Ethics Act and OGE’s implementing

regulations that must be met by a person

before access can be granted. These

requirements relate to information about

the identity of the requester, as well as

any other person on whose behalf a

record is sought, and a notification of

prohibited uses of SF 278 reports. See

section 105 (b) and (c) of the Ethics Act

and 5 CFR 2634.603 (c) and (f). For

many years, OGE has disseminated to

executive branch departments and

agencies a locally reproducible uniform

form to serve as the statutorily required

written application to inspect or receive

copies of SF 278 reports and other

covered records. Departments and

agencies are encouraged to utilize the

OGE Form 201, but they can, if they

choose, continue to use or develop their

own forms (see the discussion below).

As noted, this proposed modified

version of the OGE Form 201 will add

express mention (in part III of the form)

to another category of materials subject

to public access under the Ethics Act—

Ethics Act-qualified blind trust and

qualified diversified trust instruments,

the list of assets transferred to such

trusts (& of assets sold in the case of a

qualified blind trust), and the

certificates of independence and

compliance with respect to such trusts.

The Office of Government Ethics has

determined, since the advance notice

was issued, to make one further change

to include reference to the certificates in

the listing of publicly available trust

documents. See section 102 (f)(5)(D) &

(f)(7)(B) of the Ethics Act and 5 CFR

2634.408(d) and 2634.603(g)(2), as well

as appendixes A, B and C to part 2634.

The other modification to the form

would add to the part II.C public burden

information block a statement required

under the 1995 amendments to the

paperwork law to the effect that ‘‘an

agency may not conduct or sponsor, and

no person is required to respond to, a

collection of information unless it

displays a currently valid OMB control

number,’’ together with a parenthetical

mention that such number is displayed

in the upper right-hand corner of the

front page of the OGE Form 201.

In light of OGE’s experience over the

past three years (1993–1995), the

estimate of the total number of access

forms expected to be filed annually at

OGE by members of the public

(primarily by news media, public

interest groups and private citizens) is

proposed to be adjusted up somewhat

from 250 to 275 (access requests by

other Federal agencies or Federal

employees are not included). The

estimated average amount of time to

complete the form, including review of

the instructions, remains at ten minutes.

Thus, the overall estimated annual

public burden for the OGE Form 201 for

forms filed at the Office of Government

Ethics will increase from 42 hours in the

current OMB paperwork inventory

listing (250 forms × 10 minutes per

form—number rounded off) to 46 hours

(275 forms × 10 minutes per form—

number rounded off). Moreover, OGE

estimates, based on the agency ethics

program questionnaire responses for the

past couple of years, that some 1,500

access request forms (mostly from the

news media, public interest groups and

other members of the public) will be

filed each year at the other executive

branch departments and agencies.

The Office of Government Ethics

expects that the new form should be

ready, after OMB clearance, for

dissemination to executive branch

departments and agencies this summer.

The Office of Government Ethics will

provide appropriate guidance and

phase-in time to departments and

agencies once the new form is available.

The new form will be made available

free-of-charge to departments and

agencies on paper, on electronic disk

and on OGE’s electronic bulletin board

entitled ‘‘The Ethics Bulletin Board

System’’ (TEBBS). In addition, if there is

sufficient interest, OGE will consider

making available in the future an

electronic version of the form, to allow

persons the option of preparing it on a

computer. The Office of Government

Ethics will also permit departments and

agencies to photocopy or have copies

printed of the form as well as to develop

or utilize, on their own, electronic

versions of the form provided that they

precisely duplicate the paper original to

the extent possible (following the strict

duplication standards set forth in the

General Services Administration

Federal Information Resources

Management Regulation Bulletin B–3,

which applies to standard and optional

forms). Finally, as noted, agencies can

also develop their own access forms,

provided all the information required by

the Ethics Act and OGE regulations is

placed on the form, along with

appropriate Privacy Act and paperwork

notices with the attendant clearances

being obtained therefor.

Public comment is again invited on

each aspect of the proposed modified

OGE Form 201 as set forth in this notice,

including specifically views on the need

for and practical utility of this proposed

modified collection of information, the

accuracy of OGE’s burden estimate, the

enhancement of quality, utility and

clarity of the information collected, and

the minimization of burden (including

the use of information technology). The

Office of Government Ethics, in

consultation with OMB, will consider

all comments received, which will

become a matter of public record.
24798 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Notices

Approved: May 10, 1996.

Stephen D. Potts,

Director, Office of Government Ethics.

[FR Doc. 96–12222 Filed 5–15–96; 8:45 am]

BILLING CODE 6345–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Commission on Dietary Supplement

Labels: Meeting No. 4; Opportunity To

Provide Comments

AGENCY: Office of Disease Prevention

and Health Promotion.

ACTION: Commission on Dietary

Supplement Labels: Notice of meeting

#4; Opportunity to provide comments.

SUMMARY: The Department of Health and

Human Services (HHS) is (a) providing

notice of the fourth meeting of the

Commission on Dietary Supplement

Labels, and (b) soliciting oral and

written comments.

DATES: (1) The Commission will meet

June 6, 1996, from 8:30 a.m. to 4:30 p.m.

Eastern Daylight Time at the Clarion

Plaza Hotel, 9700 International Drive,

Orlando, Florida 32819–8114; (2)

Written comments on the scope and

intent of the Commission’s objectives

may be submitted by 5:00 p.m. E.D.T. on

June 30, 1996 to the address noted

below.

FOR FURTHER INFORMATION CONTACT:

Kenneth D. Fisher, Ph.D., Executive

Director, Commission on Dietary

Supplement Labels, Office of Disease

Prevention and Health Promotion, Room

738G, Hubert Humphrey Building, 200

Independence Ave. S.W., Washington,

D.C. 20201, (202) 690–7102.

SUPPLEMENTARY INFORMATION:

Commission’s Task

Public Law 103–417, Section 12,

authorized the establishment of a

Commission on Dietary Supplement

Labels whose seven members have been

appointed by the President. The

appointments to the Commission by the

President and the establishment of the

Commission by the Secretary of Health

and Human Services reflect the

commitment of the President and the

Secretary to the development of a sound

and consistent regulatory policy on

labeling of dietary supplements.

The Commission is charged with

conducting a study and providing

recommendations for regulation of label

claims and statements for dietary

supplements, including the use of

supplemental literature in connection

with their sale and, in addition,

procedures for evaluation of label

claims. The Commission is expected to

evaluate how best to provide truthful,

scientifically valid, and nonmisleading

information to consumers in order that

they may make informed health care

choices for themselves and their

families. The Commission’s study report

may include recommendations on

legislation, if appropriate and necessary.

Announcement of Meeting

The Commission’s fourth meeting will

be June 6, 1996, 8:30 a.m. to 4:30 p.m.

Eastern Daylight Time. The meeting will

be held in the Salon Room at the Clarion

Plaza Hotel, 9700 International Drive,

Orlando, Florida 32819–8114. The

agenda will include (a) oral comments

from interested parties and the general

public, (b) identification of additional

information needs, and (c) discussion of

dietary supplement label information.

Public Participation at Meeting

The meeting is open to the public.

However, space is limited. Both oral and

written comments from the public will

be accepted, but oral comments at the

meeting will be limited to a maximum

of five minutes per presenter; thus,

organizations and persons wishing to

make their views known to the

Commission should use the time for oral

presentation to summarize their written

comments. Persons and organizations

that have not made presentations or

submitted statements previously will be

given preference on the agenda.

Members of the Commission may wish

to question the presenters following

each oral presentation. Please request

the opportunity to present oral

comments in writing and provide fifteen

(15) copies of the written comments

from which the oral presentation is

abstracted to the address above by May

29, 1996. If you will require a sign

language interpreter, please call Sandra

Saunders (202) 690–7102 by 4:30 p.m.

E.D.T. on May 29, 1996.

Written Comments

By this notice, the Commission is

soliciting submissions of written

comments, views, information, and data

pertinent to the Commission’s task.

Comments should be sent to Kenneth D.

Fisher, Ph.D., Executive Director of the

Commission at the Office of Disease

Prevention and Health Promotion, Room

738G, Hubert Humphrey Building, 200

Independence Ave. S.W., Washington,

D.C. 20201, by 5:00 p.m. E.D.T. on June

30, 1996.

Dated: May 8, 1996.

Claude Earl Fox,

Deputy Assistant Secretary for Health

(Disease Prevention and Health Promotion),

Department of Health and Human Services.

[FR Doc. 96–12223 Filed 5–15–96; 8:45 am]

BILLING CODE 4160–17–M

Office of the Secretary

Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made final findings of scientific

misconduct in the following case:

Michael W. Washabaugh, Ph.D., Johns

Hopkins University: Based on an

investigation conducted by the

institution as well as information

obtained by ORI during its oversight

review, ORI found that Michael W.

Washabaugh, Ph.D., Associate Professor

of Biochemistry, Department of

Biochemistry, Johns Hopkins University

School of Hygiene and Public Health,

committed scientific misconduct by

reporting falsified and/or fabricated

research data in two grant applications

submitted to the National Institutes of

Health.

Specifically, Dr. Washabaugh (1)

reported falsified results of experiments

concerning the number of DTNB (5,5′-

dithiobis [2-nitrobenzoate]) reactive

thiols in native thiamin binding protein

in a grant application entitled

‘‘Mechanism of a periplasmic

permease,’’ and (2) reported falsified

and/or fabricated portions of data

presented in two separate figures to

support his hypothesis of thiamin

binding to thiamin binding protein in

grant applications entitled ‘‘Mechanism

of a periplasmic permease’’ and

‘‘Mechanisms of enzymic and nonenzymic thiamin reactions.’’

Dr. Washabaugh has entered into a

Voluntary Exclusion Agreement with

ORI in which he has voluntarily agreed,

for the four (4) year period beginning

May 7, 1996, to exclude himself from:

(1) Any contracting or subcontracting

with any agency of the United States

Government and from eligibility for, or

involvement in, nonprocurement

transactions (e.g., grants and cooperative

agreements) of the United States

Government as defined in 45 C.F.R. Part

76 (Debarment Regulations), and

(2) Serving in any advisory capacity to

the Public Health Service (PHS),

including but not limited to service on

any PHS advisory committee, board,

and/or peer review committee, or as a

consultant.