5324 Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 

consumers in their purchase and use of 

indoor tanning services, specifically, 

that consumers can increase their 

vitamin D levels through ultraviolet 

levels lower than the amount needed to 

get a tan, and that ultraviolet radiation 

can injure the eyes and increases the 

risk of skin cancer. The complaint 

alleges that respondent’s failure to 

disclose these facts, in light of the 

representation made, is a deceptive 

practice. Finally, the complaint alleges 

that respondent provided to others the 

means and instrumentalities to engage 

in deceptive acts or practices. 

The proposed consent order contains 

provisions designed to prevent 

respondent from engaging in similar 

acts or practices in the future. The order 

covers representations made in 

connection with the manufacturing, 

labeling, advertising, promotion, 

offering for sale, sale, or distribution of 

any covered product or service, in or 

affecting commerce. It does not cover 

representations made in noncommercial settings or contexts, such as 

communications to legislative or 

executive bodies. The order defines a 

covered product or service as any 

ultraviolet lamp or sunlamp product, as 

defined in federal regulation 21 C.F.R. 

§ 1040.20, or any commercial facility 

where consumers may use ultraviolet 

lamps or sunlamp products. 

Part I of the order prohibits 

respondent from making the following 

representations: tanning, including 

indoor tanning, does not increase the 

risk of skin cancer; tanning, including 

indoor tanning, is safe or poses no 

danger; indoor tanning is approved by 

the government; and indoor tanning is 

safer than tanning outdoors because in 

indoor tanning facilities, the amount of 

ultraviolet light is monitored and 

controlled. The ban on representations 

that tanning, including indoor tanning, 

is safe, is fencing-in relief. Part II of the 

order prohibits respondent from 

misrepresenting (1) that research shows 

that vitamin D supplements may harm 

the body’s ability to fight disease and (2) 

that a study in the Proceedings of the 

National Academy of Sciences 

determined: (a) that sun exposure does 

not cause skin cancer or melanoma, or 

that the risk of such cancer is only 

hypothetical; (b) that getting a tan is 

healthy; (c) that the risks of not getting 

enough ultraviolet light far outweigh the 

risk of skin cancer; or (d) that vitamin 

D has been linked to significantly 

decreasing the risk of contracting lung, 

kidney, or liver cancer. 

Part III prohibits respondent from 

making any representation about the 

safety, health-related efficacy or 

performance, or health-related risks or 

benefits, of any covered product or 

service; or about the sources, 

performance, efficacy, or health-related 

risks or benefits of vitamin D; unless the 

representation is non-misleading, and, 

at the time it is made, respondent 

possesses and relies upon competent 

and reliable scientific evidence that is 

sufficient in quality and quantity based 

on standards generally accepted in the 

relevant scientific fields to substantiate 

that the representation is true. For the 

purposes of the order, competent and 

reliable scientific evidence is defined as 

tests, analyses, research, studies, or 

other evidence that have been 

conducted and evaluated in an objective 

manner by qualified persons, that are 

generally accepted in the profession to 

yield accurate and reliable results, and 

whose results are consistent with the 

body of reliable scientific evidence 

relevant to the representation. Part IV of 

the order prohibits respondent from 

misrepresenting the existence, contents, 

validity, results, conclusions, or 

interpretations of any test, study, 

survey, or research. 

Part V of the order is a disclosure 

provision. It prohibits respondent from 

making any representation about the 

safety or health benefits of any covered 

product or service unless it makes the 

following disclosure, clearly and 

conspicuously, and in close proximity 

to the representation: ‘‘NOTICE: 

Exposure to ultraviolet radiation may 

increase the likelihood of developing 

skin cancer and can cause serious eye 

injury.’’ In the event, however, that 

respondent represents that exposure to 

ultraviolet radiation produces vitamin D 

in the body, or otherwise about the 

effectiveness or usefulness of such 

product for generation of vitamin D, the 

required disclosure shall be as follows: 

‘‘NOTICE: You do not need to become 

tan for your skin to make vitamin D. 

Exposure to ultraviolet radiation may 

increase the likelihood of developing 

skin cancer and can cause serious eye 

injury.’’ 

Part VI of the order prohibits 

respondent from providing to any other 

person or entity any means or 

instrumentalities that contain any 

representation prohibited by the order. 

Part VII requires respondent to send a 

notice about the FTC’s law enforcement 

action to all of its members, and all 

other entities to which it provided 

point-of-sale advertising on or after 

January 1, 2008; the required notice is 

attached to the order as Attachment A. 

Parts VIII, IX, X, and XI of the consent 

order require respondent to keep copies 

of relevant advertisements and materials 

substantiating claims made in the 

advertisements; to provide copies of the 

order to its personnel; to notify the 

Commission of changes in corporate 

structure that might affect compliance 

obligations under the order; and to file 

compliance reports with the 

Commission. Part XII provides that the 

order will terminate after twenty (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 agreement and proposed order or to 

modify in any way their terms. 

By direction of the Commission. 

Donald S. Clark 

Secretary. 

[FR Doc. 2010–2129 Filed 2–1–10; 2:45 pm] 

BILLING CODE 6750–01–S 

OFFICE OF GOVERNMENT ETHICS 

Agency Information Collection 

Activities; Submission for OMB 

Review; Proposed Collection; 

Comment Request for an Unmodified 

OGE Form 201 Ethics Act Access Form 

AGENCY: Office of Government Ethics 

(OGE). 

ACTION: Notice of request for agency and 

public comments. 

SUMMARY: After publication of this 

second round notice, OGE plans to 

submit an unmodified OGE Form 201 

Ethics Act Access Form to the Office of 

Management and Budget (OMB) for 

review and approval of a three-year 

extension under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35). 

DATES: Written comments by the public 

and the agencies on this proposed 

extension are invited and must be 

received by March 4, 2010. 

ADDRESSES: Comments may be 

submitted, identified by the title of the 

information collection activity, to the 

Office of Information and Regulatory 

Affairs, Attn: Ms. Sharon Mar, OMB 

Desk Officer for the Office of 

Government Ethics, by either of the 

following methods within 30 days from 

the date of publication in this Federal 

Register: 

Fax: 202–395–6974, Attn: Ms. Sharon 

Mar, OMB Desk Officer for the Office of 

Government Ethics; 

E-mail: smar@omb.eop.gov. 

FOR FURTHER INFORMATION CONTACT: Paul 

Ledvina at the Office of Government 

Ethics; telephone: 202–482–9247; TTY: 

800–877–8339; FAX: 202–482–9237; Email: paul.ledvina@oge.gov. An 

electronic copy of the OGE Form 201 is 

available in the Forms Library section of 

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Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010 / Notices 5325 

OGE’s Web site at http://www.usoge.gov. 

A paper copy may also be obtained, 

without charge, by contacting Mr. 

Ledvina. 

SUPPLEMENTARY INFORMATION: 

Title: Request to Inspect or Receive 

Copies of SF 278 Executive Branch 

Personnel Public Financial Disclosure 

Reports or Other Covered Records. 

Agency Form Number: OGE Form 

201. 

OMB Control Number: 3209–0002. 

Type of Information Collection: 

Extension without change of a currently 

approved collection. 

Type of Review Request: Regular. 

Respondents: Individuals requesting 

access to executive branch public 

financial disclosure reports and other 

covered records. 

Estimated Annual Number of 

Respondents: 450. 

Estimated Time per Response: 10 

minutes. 

Estimated Total Annual Burden: 75 

hours. 

Abstract: The OGE Form 201 collects 

information from, and provides certain 

information to, persons who seek access 

to SF 278 Public Financial Disclosure 

Reports and other covered records. 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 

collected about the identity of the 

requester, as well as any other person on 

whose behalf a record is sought, and 

notification of prohibited uses of SF 278 

reports. See section 105 (b) and (c) of 

the Ethics Act, 5 U.S.C. appendix § 105 

(b) and (c), and 5 CFR 2634.603 (c) and 

(f) of OGE’s executive branchwide 

regulations. Executive branch 

departments and agencies are 

encouraged to utilize the OGE Form 

201. OGE permits departments and 

agencies to use or develop their own 

forms as long as the forms collect and 

provide all of the required information. 

Request for Comments: OGE published 

a first round notice of its intent to 

request paperwork clearance for the 

proposed unmodified OGE Form 201 

Ethics Act Access Form. See 74 FR 

59185–59186. OGE received no 

responses to that notice. Agency and 

public comment is again invited 

specifically on the need for and 

practical utility of this information 

collection, 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). 

Comments received in response to this 

notice will be summarized for, and may 

be included with, the OGE request for 

extension of OMB paperwork approval. 

The comments will also become a 

matter of public record. 

Approved: January 27, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2010–2172 Filed 2–1–10; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Implementation of Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 for Adjustments to the 

First Quarter of Fiscal Year 2010 

Federal Medical Assistance 

Percentage Rates for Federal Matching 

Shares for Medicaid and Title IV–E 

Foster Care, Adoption Assistance and 

Guardianship Assistance Programs 

AGENCY: Office of the Secretary, DHHS. 

ACTION: Notice. 

SUMMARY: This notice provides the 

adjusted Federal Medical Assistance 

Percentage (FMAP) rates for the first 

quarter of Fiscal Year 2010 (FY10) as 

required under Section 5001 of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA). Section 5001 of the 

ARRA provides for temporary increases 

in the FMAP rates to provide fiscal 

relief to states and to protect and 

maintain state Medicaid and certain 

other assistance programs in a period of 

economic downturn. The increased 

FMAP rates apply during a recession 

adjustment period that is defined in 

ARRA as the period beginning October 

1, 2008 and ending December 31, 2010. 

DATES Effective Date: These percentages 

are effective for the quarter beginning 

October 1, 2009 through December 31, 

2009. 

A. Background 

The FMAP is used to determine the 

amount of federal matching for specified 

state expenditures for assistance 

payments under programs under the 

Social Security Act. Sections 1905(b) 

and 1101(a)(8)(B) of the Social Security 

Act (‘‘the Act’’) require the Secretary of 

Health and Human Services to publish 

the FMAP rates each year. The Secretary 

calculates the percentages using 

formulas set forth in sections 1905(b) 

and 1101(a)(8)(B), and from the 

Department of Commerce’s statistics of 

average income per person in each state 

and for the nation as a whole. The 

percentages must be within the upper 

and lower limits given in section 

1905(b) of the Act. The percentages to 

be applied to the District of Columbia, 

Puerto Rico, the Virgin Islands, Guam, 

American Samoa, and the Northern 

Mariana Islands are specified separately 

in the Act, and thus are not based on the 

statutory formula that determines the 

percentages for the 50 states. 

Section 1905(b) of the Act specifies 

the formula for calculating the FMAP as 

follows: 

The FMAP for any State shall be 100 per 

centum less the State percentage; and the 

State percentage shall be that percentage 

which bears the same ratio to 45 per centum 

as the square of the per capita income of such 

State bears to the square of the per capita 

income of the continental United States 

(including Alaska) and Hawaii; except that 

(1) the FMAP shall in no case be less than 

50 per centum or more than 83 per centum, 

and (2) the FMAP for Puerto Rico, the Virgin 

Islands, Guam, the Northern Mariana Islands, 

and American Samoa shall be 50 per centum. 

Section 4725 of the Balanced Budget 

Act of 1997 amended section 1905(b) to 

provide that the FMAP for the District 

of Columbia for purposes of titles XIX 

(Medicaid) and XXI (CHIP) shall be 70 

percent. The Medicare Improvements 

for Patients and Providers Act of 2008 

(MIPPA) (Pub. L. 110–275) amended the 

FMAP applied to the District of 

Columbia for maintenance payments 

under title IV–E programs to make it 

consistent with the 70 percent Medicaid 

match rate. 

Section 5001 of Division B of the 

ARRA provides for a temporary increase 

in FMAP rates for Medicaid and title 

IV–E Foster Care, Adoption Assistance 

and Guardianship Assistance programs. 

The purpose of the increases to the 

FMAP rates is to provide fiscal relief to 

states and to protect and maintain State 

Medicaid and certain other assistance 

programs in a period of economic 

downturn, referred to as the ‘‘recession 

adjustment period.’’ The recession 

adjustment period is defined as the 

period beginning October 1, 2008 and 

ending December 31, 2010. 

B. Calculation of the Increased FMAP 

Rates Under ARRA 

Section 5001 of the ARRA specifies 

that the FMAP rates shall be temporarily 

increased for the following: (1) 

Maintenance of FMAP rates for FY09, 

FY10, and first quarter of FY11, so that 

the FMAP rate will not decrease from 

the prior year, determined by using as 

the FMAP rate for the current year the 

greater of any prior fiscal year FMAP 

rates between 2008–2010 or the rate 

calculated for the current fiscal year; (2) 

in addition to any maintenance 

increase, the application of an increase 

in each state’s FMAP of 6.2 percentage 

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