Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices 40157 

commercial value for transmitting 

genetic traits. 

In October 2008, more than two years 

after entering into the CRADA, NAAB 

approved a resolution that regulated its 

members’ access to the new technology 

during the exclusivity period granted by 

the CRADA (through February 2013). 

NAAB acted as a combination of its 

members when it approved the 

resolution. 

The resolution required that for a 

NAAB member to obtain the GPTA of a 

dairy bull, the Member had to have one 

of the following interests in the bull: (a) 

Own the bull, (b) have an agreement to 

purchase at least a 30 percent interest in 

the bull, (c) have a lease on the bull, or 

(d) have an exclusive marketing 

agreement for the bull. The USDA 

laboratory was the only source of 

GPTAs during the exclusivity period. 

The Complaint alleges that NAAB’s 

resolution harmed competition by 

diminishing competition for dairy bulls 

used for semen production. First, it 

impeded the development of a market in 

which dairy farmers and breeders could 

pay NAAB members to obtain GPTAs 

for their dairy bulls. Second, the 

resolution limited NAAB members from 

obtaining the GPTA of bulls in which 

they did not already have a financial 

interest. Access to a bull’s GPTA prior 

to buying or selling it would tend to 

increase competition and drive the price 

of the bull toward a value that more 

accurately reflects its ability to yield 

higher producing dairy cows. After the 

exclusivity period expired in February 

2013, GPTAs became available for a fee 

through an industry organization. 

The Complaint alleges that the 

purpose, effect, tendency or capacity of 

the resolution was to restrain 

competition unreasonably among 

NAAB’s Members, and that this conduct 

injured dairy farmers and breeders by 

depriving them of the benefits of free 

and open competition. Therefore, the 

resolution constitutes an unfair method 

of competition that violates Section 5 of 

the Federal Trade Commission Act. 

II. The Proposed Order 

The Proposed Order has the following 

substantive provisions. Paragraph II 

requires NAAB to cease and desist from 

restraining the ability of its members to 

obtain, disclose, provide, use or sell any 

technology or information resulting 

from research projects conducted by, or 

pursuant to, an agreement to which 

NAAB is a party. The Proposed Order 

also prohibits NAAB from restraining 

price-related competition among its 

members relating to the sale or 

acquisition of bulls or bull semen. 

A proviso to Paragraph II specifies 

that the Proposed Order does not 

prohibit NAAB from engaging in any 

conduct that is reasonably necessary to 

achieve procompetitive benefits or 

efficiencies relating to NAAB’s 

operation or to the operation of its 

members, provided that such benefits or 

efficiencies likely would offset the 

anticompetitive harms. 

Paragraph III requires that, for five 

years, NAAB notify the Commission if 

it adopts or modifies any regulation that 

restrains the ability of its members to 

obtain disclose, provide, sell or use any 

technology or information resulting 

from any research project. 

Paragraph V of the Proposed Order 

requires that NAAB implement an 

antitrust compliance program to ensure 

compliance with the Proposed Order 

and the antitrust laws. 

Paragraphs IV and VI–VIII of the 

Proposed Order impose certain standard 

reporting and compliance requirements 

on NAAB. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2017–17880 Filed 8–23–17; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10371, CMS– 

10507, CMS–10558 and CMS–10650] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services, HHS. 

ACTION: Notice. 

SUMMARY: The Centers for Medicare & 

Medicaid Services (CMS) is announcing 

an opportunity for the public to 

comment on CMS’ intention to collect 

information from the public. Under the 

Paperwork Reduction Act of 1995 

(PRA), federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension or reinstatement of an existing 

collection of information, and to allow 

a second opportunity for public 

comment on the notice. Interested 

persons are invited to send comments 

regarding the burden estimate or any 

other aspect of this collection of 

information, including the necessity and 

utility of the proposed information 

collection for the proper performance of 

the agency’s functions, the accuracy of 

the estimated burden, ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and the use 

of automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

DATES: Comments on the collection(s) of 

information must be received by the 

OMB desk officer by September 25, 

2017. 

ADDRESSES: When commenting on the 

proposed information collections, 

please reference the document identifier 

or OMB control number. To be assured 

consideration, comments and 

recommendations must be received by 

the OMB desk officer via one of the 

following transmissions: OMB, Office of 

Information and Regulatory Affairs, 

Attention: CMS Desk Officer, Fax 

Number: (202) 395–5806 OR Email: 

OIRA_submission@omb.eop.gov. 

To obtain copies of a supporting 

statement and any related forms for the 

proposed collection(s) summarized in 

this notice, you may make your request 

using one of following: 

1. Access CMS’ Web site address at 

https://www.cms.gov/Regulations-andGuidance/Legislation/ 

PaperworkReductionActof1995/PRAListing.html. 

2. Email your request, including your 

address, phone number, OMB number, 

and CMS document identifier, to 

Paperwork@cms.hhs.gov. 

3. Call the Reports Clearance Office at 

(410) 786–1326. 

FOR FURTHER INFORMATION CONTACT: 

William Parham at (410) 786–4669. 

SUPPLEMENTARY INFORMATION: Under the 

Paperwork Reduction Act of 1995 (PRA) 

(44 U.S.C. 3501–3520), federal agencies 

must obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. The term ‘‘collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) and 

includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA (44 U.S.C. 

3506(c)(2)(A)) requires federal agencies 

to publish a 30-day notice in the 

Federal Register concerning each 

proposed collection of information, 

including each proposed extension or 

reinstatement of an existing collection 

of information, before submitting the 

collection to OMB for approval. To 

comply with this requirement, CMS is 

publishing this notice that summarizes 


rmajette on DSKBCKNHB2PROD with NOTICES
40158 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Notices 

the following proposed collection(s) of 

information for public comment: 

1. Type of Information Collection 

Request: Revision of an existing 

information collection request; Title of 

Information Collection: Cooperative 

Agreements to Support Establishment of 

State-Operated Health Insurance 

Exchanges; Use: All States (including 

the 50 States, consortia of States, and 

the District of Columbia herein referred 

to as States) had the opportunity under 

Section 1311(b) of the Affordable Care 

to apply for three types of grants: (1) 

Planning grants; (2) Early Innovator 

grants for early development of 

information technology; and (3) 

Establishment grants to develop, 

implement and start-up Marketplaces. 

As of January 1st, 2017, the Secretary 

has disbursed over $5.4 billion under 

this grant program and, as of that date, 

there were 19 active establishment 

grants awarded to 12 states. As the 

State-Based Marketplaces (SBM) and 

Small Business Health Options Program 

(SHOP) have matured and moved from 

the developmental phases to fulloperation, the reporting requirements 

for the states have been modified and 

streamlined to insure only information 

necessary to provide effective oversight 

of their operations by CMS is collected. 

Given the innovative nature of 

Exchanges and the statutorilyprescribed relationship between the 

Secretary and States in their 

development and operation, it is critical 

that the Secretary work closely with 

States to provide necessary guidance 

and technical assistance to ensure that 

States can meet the prescribed 

timelines, federal requirements, and 

goals of the statute and the grants 

awarded to them. Form Number: CMS– 

10371 (OMB Control Number: 0938– 

1119); Frequency: Once; Affected 

Public: State Government agencies, nonprofit entities; Number of Respondents: 

17; Total Annual Responses: 37; Total 

Annual Hours: 12,328. (For policy 

questions regarding this collection 

contact Nickom Sukachevin at (301) 

492–4400). 

2. Type of Information Collection 

Request: Reinstatement without change 

of a previously approved information 

collection; Title of Information 

Collection: State-based Marketplace 

Annual Reporting Tool (SMART); Use: 

The annual report is the primary vehicle 

to insure comprehensive compliance 

with all reporting requirements 

contained in the Affordable Care Act 

(ACA). It is specifically called for in 

Section 1313(a)(1) of the Act which 

requires an SBM to keep an accurate 

accounting of all activities, receipts, and 

expenditures, and to submit a report 

annually to the Secretary concerning 

such accounting. CMS will use the 

information collected from States to 

assist in determining if a State is 

maintaining a compliant operational 

Exchange. Form Number: CMS–10507 

(OMB Control Number: 0938–1244); 

Frequency: Annually; Affected Public: 

State, Local, or Tribal governments; 

Number of Respondents: 17; Total 

Annual Responses: 17; Total Annual 

Hours: 1,173. (For policy questions 

regarding this collection contact Christy 

Woods at 301–492–5140). 

3. Title of Information Collection: 

Machine Readable Data for Provider 

Network and Prescription Formulary 

Content for FFM QHPs; Type of 

Information Collection Request: 

Extension without change of a currently 

approved collection; Use: Under 45 CFR 

156.122(d)(1)(2) and 156.230(c) and in 

the final rule, Patient Protection and 

Affordable Care Act; HHS Notice of 

Benefit and Payment Parameters for 

2018 (CMS–9934–F), standards for 

qualified health plan (QHP) issuers are 

established for the submission of 

provider and formulary data in a 

machine-readable format to the 

Department of Health and Human 

Services (HHS) and for posting on issuer 

Web sites. These standards provide 

greater transparency for consumers, 

including by allowing software 

developers to access formulary and 

provider data to create innovative and 

informative tools. This Information 

Collection Request (ICR) serves as a 

formal request for 3-year OMB approval. 

On September 30, 2015, the Office of 

Management and Budget (OMB) granted 

approval to the data collection 

Information Collection for Machine 

Readable Data for Provider Network and 

Prescription Formulary Content for FFM 

QHPs. 

The burden estimates for the data 

collection requirements included in this 

package reflect the time and effort for 

QHP issuers to update and publish the 

appropriate data, and submit it to CMS. 

Form Number: CMS–10558 (OMB) 

control number: 0938–1284); Frequency: 

Annually; Affected Public: Private 

Sector, State, Business, and Not-for 

Profits; Number of Respondents: 397; 

Number of Responses: 397; Total Hours: 

208. (For questions regarding this 

collection, contact Joshua Annas at 

(301) 492–4407). 

4. Title of Information Collection: 

State Permissions for Enrollment in 

Qualified Health Plans in the Federally 

Facilitated Exchange & Non-Exchange 

Entities; Type of Information Collection 

Request: Request for a new OMB control 

number; Use: The Patient Protection and 

Affordable Care Act, Public Law 111– 

148, enacted on March 23, 2010, and the 

Health Care and Education 

Reconciliation Act, Public Law 111– 

152, enacted on March 30, 2010 

(collectively, ‘‘Affordable Care Act’’), 

expand access to health insurance for 

individuals and employees of small 

businesses through the establishment of 

new Affordable Insurance Exchanges 

(Exchanges), also called Marketplaces, 

including the Small Business Health 

Options Program (SHOP). The 

Exchanges, which became operational 

on January 1, 2014, enhance 

competition in the health insurance 

market, expand access to affordable 

health insurance for millions of 

Americans, and provide consumers with 

a place to easily compare and shop for 

health insurance coverage. 

This Information Collection Request 

(ICR) serves as the formal request for a 

new data collection associated with the 

HHS Notice of Benefit and Payment 

Parameters for 2018 Final Rule (2018 

Payment Notice). This ICR includes 

information collection requirements 

related to the ability of states to permit 

agents and brokers to assist qualified 

individuals, qualified employers, or 

qualified employees enrolling in 

Qualified Health Plans in the Federally 

Facilitated Exchange (§ 155.220) and 

ICRs related to non-exchange entities 

(§ 155.260). Form Number: CMS–10650 

(OMB control number 0938–NEW); 

Frequency: Annually; Affected Public: 

Private Sector, State, Business, and Notfor Profits; Number of Respondents: 

107,207; Number of Responses: 107,207; 

Total Annual Hours: 512,141. (For 

questions regarding this collection, 

contact Joshua Annas at (301–492– 

4407). 

Dated: August 18, 2017. 

Martique Jones, 

Director, Regulations Development Group, 

Office of Strategic Operations and Regulatory 

Affairs. 

[FR Doc. 2017–17918 Filed 8–23–17; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Proposed Information Collection 

Activity; Comment Request 

Proposed Projects: Grant Reviewer 

Recruitment. 

Title: Grant Reviewer Recruitment 

Form. 

OMB No.: 0970–0455. 

Description: The Administration for 

Children and Families’ Children’s 


rmajette on DSKBCKNHB2PROD with NOTICES