Published 60-day FRN

48346

Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices

regarding its compilers or libraries for
the costs associated with recompiling
their software using non-Intel compiler
or library products. A customer seeking
to use the Intel Compiler
Reimbursement program must describe
an Intel statement on which it relied to
ensure that the program is used by
customers who were misled by Intel’s
disclosures.
Section VII.E of the Proposed Consent
Order prevents Intel from making claims
about the performance of its compiler
unless Intel has substantiated that those
claims are true and accurate using
accepted analytical methods. This
prohibition seeks to prevent Intel from
claiming, without substantiation, that its
compiler and libraries are superior to
other available compilers and
libraries. Intel may not claim to have
superior compilers and libraries for
AMD CPUs, when other products, such
as the GNU C Compiler (GCC) or AMD’s
Core Math Library (ACML) have better
performance in some circumstances.
This prohibition is particularly
important regarding Intel’s
representations about performance of its
compilers on non-Intel CPUs. This
section ensures that Intel will provide
the appropriate disclosures when it
makes performance claims about its
compilers and libraries.

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I. Benchmark Disclosures
Section VIII would require Intel to
make disclosures concerning the
reliability and relevance of performance
claims based on benchmarks. The
provision requires Intel to notify any
customers, whether hardware
manufacturers or end consumers, that
the performance tests may have been
optimized only for Intel CPUs. Intel
must make disclosures whenever it
makes performance claims comparing
its CPUs to competitors’ processors and
whenever it relies on a benchmark. The
provision requires disclosures in all
advertising or marketing materials that
include performance claims, including
presentations, audio-visual
advertisements, and in prominent
locations regarding performance on
Intel’s web site. The required disclosure
will inform consumers and OEMs that
certain benchmarks may not provide
accurate performance comparisons with
non-Intel CPUs. The provision will
encourage consumers and OEMs to use
benchmark results carefully and rely on
multiple benchmarks in order to get
accurate performance information about
CPUs. The provision will thus help
provide for more informed purchasing
decisions.

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J. Compliance Terms
Sections IX through XIII of the
Proposed Consent Order contain
reporting, access, and notification
provisions that are common in the
Commission’s orders, and are designed
to allow the Commission to monitor
compliance with the Proposed Consent
Order. Section IX permits the
Commission to appoint Technical
Consultants to assist in assessing Intel’s
compliance with several provisions of
the Proposed Consent. Such consultants
are warranted in light of the technical
nature of the products at issue and the
potential complexity of some
compliance issues, including cost
accounting, microprocessor design, and
software design. Intel would be required
to pay for the Technical Consultants, up
to a total of $2 million during the tenyear period of the Proposed Consent
Order.
Section X would require Intel to
submit to the Commission a written
plan explaining what Intel has done and
will do to ensure compliance with the
Proposed Consent Order. Intel would
also be required to submit annual
reports for six years explaining how it
has complied with the Proposed
Consent Order. Intel would be required,
in these reports, to submit to the
Commission any communications Intel
receives from its customers regarding
compliance with the Proposed Consent
Order, including complaints that it is
violating the Proposed Consent Order.
Sections XI and XII would require
Intel, for the next five years, to retain its
written sales contracts and to allow the
Commission access to Intel’s records
and employees. Section XIII would
require Intel to notify the Commission at
least thirty days prior to changes in
corporate structure that would impact
Intel’s compliance provisions, such as
Intel being purchased by another
company or Intel creating or purchasing
corporate subsidiaries.
Paragraph XIV provides that the
Proposed Consent Order shall terminate
ten (10) years after the date it becomes
final.
By direction of the Commission,
Commissioner Kovacic recused.
Donald S. Clark
Secretary.
[FR Doc. 2010–19694 Filed 8–9–10; 7:10 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60 Day-10–0004]

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.
Alternatively, to obtain a copy of the
data collection plans and instrument,
call 404–639–5960 and send comments
to Maryam I. Daneshvar, CDC Reports
Clearance Officer, 1600 Clifton Road,
NE., MS–D74, Atlanta, Georgia 30333;
comments may also be sent by e-mail to
[email protected].
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 a
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
clarify 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 information technology. Written
comments should be received within 60
days of this notice.
Proposed Project
National Disease Surveillance
Program II. Disease Summaries (0920–
0004 Exp. 6/30/2013)—Revision—
National Center for Emerging and
Zoonotic Infectious Diseases (NCEZID)
(proposed), Centers for Disease Control
and Prevention (CDC).
Background and Brief Description
Surveillance of the incidence and
distribution of disease has been an
important function of the U.S. Public
Health Service (PHS) since 1878.
Through the years, PHS/CDC has
formulated practical methods of disease
control through field investigations. The
CDC National Disease Surveillance
Program is based on the premise that
diseases cannot be diagnosed,
prevented, or controlled until existing
knowledge is expanded and new ideas
developed and implemented. Over the
years, the mandate of CDC has
broadened to include preventive health

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48347

Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices

This request is for revision of the
currently approved data collection for
three years. The revisions include minor
changes to reporting forms already
approved under this OMB Control
Number. In addition, new influenza
forms and one new rabies form have
been added. A new parasitic disease is
being included, babesiosis, to help track
the increasing cases from transfusions.
Furthermore, a brucellosis case report
form that has been revised and updated
from the 1980 form has been added to
this OMB Control number to enhance
surveillance and assist with
understanding the changing
epidemiology of brucellosis in the
United States. Because of the distinct
nature of each of the diseases, the
number of cases reported annually is
different for each. There is no cost to
respondents other than their time.

(MMWR), providing the states with
timely aggregates of their submissions.
The following diseases/conditions are
included in this program: Diarrheal
disease surveillance (includes
campylobacter, salmonella, and
shigella), foodborne outbreaks, arboviral
surveillance (ArboNet), Influenza virus,
including the annual survey and
influenza-like illness, Respiratory and
Enterovirus surveillance, rabies,
waterborne diseases, cholera and other
vibrio illnesses, Listeria, babesiosis,
brucellosis, Harmful Algal Bloomrelated Infectious Surveillance System
(HABISS) data entry form, and the
HABISS monthly reporting form. These
data are essential on the local, state, and
Federal levels for measuring trends in
diseases, evaluating the effectiveness of
current prevention strategies, and
determining the need for modifying
current prevention measures.

activities and the surveillance systems
maintained have expanded.
CDC and the Council of State and
Territorial Epidemiologists (CSTE)
collect data on disease and preventable
conditions in accordance with jointly
approved plans. Changes in the
surveillance program and in reporting
methods are effected in the same
manner. At the onset of this surveillance
program in 1968, the CSTE and CDC
decided on which diseases warranted
surveillance. These diseases are
reviewed and revised based on
variations in the public’s health.
Surveillance forms are distributed to the
State and local health departments who
voluntarily submit these reports to CDC
at variable frequencies, either weekly or
monthly. CDC then calculates and
publishes weekly statistics via the
Morbidity and Mortality Weekly Report

ESTIMATED ANNUALIZED BURDEN HOURS

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Respondents:
state epidemiologists/
form

Number of
respondents

Number of
responses per
respondent

Average
burden per
response
(in hours)

Total burden
(in hours)

Diarrheal Disease Surveillance: Campylobacter (electronic) ..........................
Diarrheal Disease Surveillance: Salmonella (electronic) .................................
Diarrheal Disease Surveillance: Shigella (electronic) ......................................
Foodborne Outbreak Form ..............................................................................
Arboviral Surveillance (ArboNet) .....................................................................
Influenza virus (fax, Oct–May) .........................................................................
Influenza virus (fax, year round) ......................................................................
Influenza virus (Internet; Oct–May) .................................................................
Influenza virus (Internet; year round) ..............................................................
Influenza virus (electronic, year round PHLIP) ................................................
Influenza virus (electronic, year round PHIN–MS) ..........................................
Influenza Annual Survey ..................................................................................
Weekly Influenza-like Illness (Oct–May) ..........................................................
Weekly Influenza-like Illness (year round) .......................................................
Daily Influenza-like Illness (Oct–May) .............................................................
Daily Influenza-like Illness (Year Round) ........................................................
Influenza-Associated Pediatric Death Case Report Form ...............................
Novel and Pandemic Influenza A Virus Infection Case Investigation Form ...
Novel and Pandemic Influenza A Virus Infection Contact Trace Back Form
Novel and Pandemic Influenza A Virus Infection Contact Trace Forward
Form .............................................................................................................
Novel Human Influenza A Virus Infection Case Report Form ........................
Daily Novel and Pandemic Influenza A Virus State Case Status Summary
Update ..........................................................................................................
City health officers or vital statistics registrars ................................................
Monthly Respiratory & Enterovirus Surveillance Report: Excel format (electronic) ...........................................................................................................
National Respiratory & Enteric Virus Surveillance System (NREVSS) ...........
Enhanced Animal Rabies Surveillance (electronic) .........................................
Rabies (paper) .................................................................................................
Possible Human Rabies Patient Info ...............................................................
Waterborne Diseases Outbreak Form .............................................................
Cholera and other Vibrio illnesses ..................................................................
Listeria .............................................................................................................
HABISS data entry form ..................................................................................
HABISS monthly reporting form ......................................................................
Babesiosis Case Report Form .........................................................................
Brucellosis ........................................................................................................

53
53
53
54
57
5
21
3
35
5
17
86
540
1,260
200
75
57
57
57

52
52
52
31.5
1,421
33
52
33
52
52
52
1
33
52
33
52
1
1
1

3/60
3/60
3/60
20/60
5/60
10/60
10/60
10/60
10/60
5/60
5/60
15/60
15/60
15/60
15/60
15/60
30/60
30/60
30/60

138
138
138
567
6,750
28
182
17
303
22
74
22
4,455
16,380
1,650
975
29
29
29

57
57

1
1

30/60
30/60

29
29

57
122

1
52

15/60
12/60

14
1,269

25
90
52
3
50
57
450
53
10
10
54
56

12
52
52
12
1
1
1
1
12
12
12
2

15/60
10/60
3/60
15/60
15/60
20/60
20/60
30/60
8
30/60
10/60
20/60

75
780
135
9
13
19
150
27
960
60
108
37

Total ..........................................................................................................

........................

........................

........................

35,640

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48348

Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Notices

Dated: August 4, 2010.
Maryam I. Daneshvar,
Reports Clearance Officer, Centers for Disease
Control and Prevention.

0920–0212 exp. 10/31/2011)—
Revision—National Center for Health
Statistics (NCHS), Centers for Disease
Control and Prevention (CDC).

[FR Doc. 2010–19703 Filed 8–9–10; 8:45 am]

Background and Brief Description

BILLING CODE 4163–18–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60-Day-10–0212]

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 project or to obtain a copy of
the data collection plans and
instruments, call the CDC Reports
Clearance Officer at 404–639–5960 or
send comments to CDC Assistant
Reports Clearance Officer, 1600 Clifton
Road, MS D–74, Atlanta, GA 30333 or
send an e-mail to [email protected].
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
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
Revision of the National Hospital
Discharge Survey (NHDS) (OMB No.

collection will begin by collecting the
electronic Uniform Bills (UB–04s) from
recruited hospitals for the year 2011
followed by data for 2012 and 2013. A
pretest of a survey supplement on acute
coronary syndrome sponsored by the
National Heart Lung and Blood will also
be fielded in 2011.
The data items to be collected from
the UB–04 in the NHDS will include
patient level data items including basic
demographic information, personal
identifiers, name, address and medical
record number (if available on the UB–
04), and characteristics of the discharges
including admission and discharge
dates, diagnoses, and surgical and nonsurgical procedures. Facility level data
items include demographic information,
clinical capabilities, and financial
information.
The pretest of the supplement on
acute coronary syndrome will be
conducted in a convenience sample of
32 hospitals and discharges will be
identified from the UB–04 codes for a
diagnosis of acute myocardial
infarction.
Users of NHDS data include, but are
not limited to CDC, Congressional
Research Office, Office of the Assistant
Secretary for Planning and Evaluation
(ASPE), American Health Care
Association, Centers for Medicare &
Medicaid Services (CMS), and Bureau of
the Census. Data collected through
NHDS 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.
NHDS data have been used extensively
in the development and monitoring of
goals for the Year 2000 and 2010
Healthy People Objectives. In addition,
NHDS data provide annual updates for
numerous tables in the Congressionallymandated NCHS report, Health, United
States. Other users of these data include
universities, contract research
organizations, many in the private
sector, foundations, and a variety of
users in the print media. There is no
cost to respondents other than their time
to participate.

Section 306 of the Public Health
Service (PHS) Act (42 U.S.C. 242k), as
amended, authorizes that the Secretary
of Health and Human Services (DHHS),
acting through NCHS, shall collect
statistics on the extent and nature of
illness and disability of the population
of the United States. This three-year
clearance request includes hospital
recruitment and data collection for
2011, 2012, and 2013 of the redesigned
National Hospital Discharge Survey, as
well as a pretest of data collection on
acute coronary syndrome for a
supplement to the NHDS which will be
sponsored by the National Heart, Lung
and Blood Institute.
The National Hospital Discharge
Survey (NHDS) has been conducted
continuously by the National Center for
Health Statistics, CDC, since 1965. It is
the principal source of data on inpatient
utilization of short-stay, non-Federal
hospitals and is the principal annual
source of nationally representative
estimates on the characteristics of
discharges, lengths of stay, diagnoses,
surgical and non-surgical procedures,
and patterns of use of care in hospitals
in various regions of the country. It is
the benchmark against which special
programmatic data sources are
measured.
Although the current NHDS is still
fulfilling its intended functions, it is
based on concepts from the health care
delivery system, as well as the hospital
and patient universes, of previous
decades. It has become clear that a
redesign of the NHDS that provides
greater depth of information is
necessary. Consequently, 2010 will
serve as the last year in which the
current NHDS will be fielded.
Meanwhile, the redesigned National
Hospital Discharge Survey (NHDS) is
scheduled to begin in 2011.
A new sample of 500 hospitals drawn
for the NHDS will be recruited
beginning in June 2011 and continuing
through September 2012. In 2011, data

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ESTIMATED ANNUALIZED BURDEN TABLE
Number of
respondents

Respondents

Form

Redesigned NHDS:
Hospital CEO/CFO ....................

Survey presentation to hospital .......

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Number of
responses per
respondent

167

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1

10AUN1

Average
burden per
response
(in hours)

Total burden
hours

1

167