80_FR_27408 80 FR 27316 - Proposed Data Collection Submitted for Public Comment and Recommendations

80 FR 27316 - Proposed Data Collection Submitted for Public Comment and Recommendations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention

Federal Register Volume 80, Issue 92 (May 13, 2015)

Page Range27316-27318
FR Document2015-11512

The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a new information collection request entitled, ``Understanding Barriers and Facilitators to HIV prevention for Men Who Have Sex with Men (MSM)'' to conduct qualitative research with most at risk HIV-negative MSM. The research is intended to understand issues surrounding HIV risk for MSM, identify influences of high risk behaviors and to investigate risk management and resiliency among HIV-negative MSM.

Federal Register, Volume 80 Issue 92 (Wednesday, May 13, 2015)
[Federal Register Volume 80, Number 92 (Wednesday, May 13, 2015)]
[Notices]
[Pages 27316-27318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11512]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[60 Day-15-15AGK; Docket No. CDC-2015-0032]


Proposed Data Collection Submitted for Public Comment and 
Recommendations

AGENCY: Centers for Disease Control and Prevention, CDC, Department of 
Health and Human Services, HHS.

ACTION: Notice with comment period.

-----------------------------------------------------------------------

SUMMARY: The Centers for Disease Control and Prevention (CDC), as part 
of its continuing efforts to reduce public burden and maximize the 
utility of government information, invites the general public and other 
Federal agencies to take this opportunity to comment on proposed and/or 
continuing information collections, as required by the Paperwork 
Reduction Act of 1995. This notice invites comment on a new information 
collection request entitled, ``Understanding Barriers and Facilitators 
to HIV prevention for Men Who Have Sex with Men (MSM)'' to conduct 
qualitative research with most at risk HIV-negative MSM. The research 
is intended to understand issues surrounding HIV risk for MSM, identify 
influences of high risk behaviors and to investigate risk management 
and resiliency among HIV-negative MSM.

DATES: Written comments must be received on or before July 13, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CDC-2015-
0032 by any of the following methods:
     Federal eRulemaking Portal: Regulation.gov. Follow the 
instructions for submitting comments.
     Mail: Leroy A. Richardson, Information Collection Review 
Office, Centers for Disease Control and Prevention, 1600 Clifton Road 
NE., MS-D74, Atlanta, Georgia 30329.
    Instructions: All submissions received must include the agency name 
and Docket Number. All relevant comments received will be posted 
without change to Regulations.gov, including any personal information 
provided. For access to the docket to read background documents or 
comments received, go to Regulations.gov.

    Please note: All public comment should be submitted through the 
Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the 
address listed above.


FOR FURTHER INFORMATION CONTACT: To request more information on the 
proposed project or to obtain a copy of the information collection plan 
and instruments, contact the Information Collection Review Office, 
Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-
D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected].

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. In addition, the PRA also requires 
Federal agencies to provide a 60-day notice in the Federal Register 
concerning each proposed collection of information, including each new 
proposed collection, each proposed extension of existing collection of 
information, and each reinstatement of previously approved information 
collection before submitting the collection to OMB for approval. To 
comply with this requirement, we are publishing this notice of a 
proposed data collection as described below.
    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)

[[Page 27317]]

ways to enhance the quality, utility, and clarity of the information to 
be collected; (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; and (e) 
estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information. Burden 
means the total time, effort, or financial resources expended by 
persons to generate, maintain, retain, disclose or provide information 
to or for a Federal agency. This includes the time needed to review 
instructions; to develop, acquire, install and utilize technology and 
systems for the purpose of collecting, validating and verifying 
information, processing and maintaining information, and disclosing and 
providing information; to train personnel and to be able to respond to 
a collection of information, to search data sources, to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information.

Proposed Project

    Understanding Barriers and Facilitators to HIV prevention for Men 
Who Have Sex with Men (MSM) (Pulse Study)--New--National Center for 
HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers 
for Disease Control and Prevention (CDC).

Background and Brief Description

    The National Center for HIV/AIDS, Viral Hepatitis, STD, and TB 
Prevention (NCHHSTP)/Division of HIV/AIDS Prevention (DHAP) is 
requesting approval for one year of a data collection entitled, 
``Understanding Barriers and Facilitators to HIV prevention for Men Who 
Have Sex with Men (MSM).'' The purpose of this study is to conduct 
primarily qualitative research with most at risk HIV-negative MSM. 
There are four goals to this study: (1) Understand issues surrounding 
HIV risk for MSM; (2) learn more about how gay community or peer norms, 
and community identification influence risk behaviors; (3) understand 
individual HIV risk management, such as having an HIV-positive partner 
with suppressed viral load, barriers and facilitators for use of 
biomedical interventions (i.e., pre-exposure prophylaxis (PrEP), non-
occupational post-exposure prophylaxis (nPEP); and (4) understand 
factors that promote resiliency among HIV-negative MSM.
    The present research will be conducted in the top five Southern 
metropolitan areas in the United States with the highest HIV diagnoses 
for MSM--Atlanta, Georgia; Jackson, Mississippi; Miami, Florida; and 
New Orleans and Baton Rouge, Louisiana. These cities rank among those 
in the South with the highest prevalence and incidence of HIV and 
sexually transmitted infections (STIs) among black/African American and 
Hispanic/Latino MSM.
    The study population will consist of black/African-American and 
Hispanic/Latino (1) male adolescents who are attracted to men and 
report they are HIV negative or have not been tested and (2) adult MSM 
who are recently tested and verified as HIV-negative.
    All study participants will be 13 years of age or older. 
Participants will be recruited in the selected cities through referrals 
from Health Departments, clinics and other HIV testing centers. In 
addition, we will recruit via word-of-mouth referrals or flyers given 
out by community-based, advocacy, faith-based, and service-providing 
agencies.
    Primarily, we will use a qualitative research design and will 
include a brief quantitative survey to reduce participant burden where 
possible (for example, when we do not need to know an in-depth answer 
for socio-demographics, HIV testing history, housing status, health 
insurance status). The first portion of the interview instrument 
consists of brief structured questions to characterize the respondents. 
The second portion of the instrument consists of open-ended in-depth 
qualitative questions. This research design was chosen based on the 
exploratory nature of our study purpose.
    All data collection tools will be pre-tested and interviews 
conducted by trained personnel. The data collection will take place at 
a time and place that is convenient to the respondent. Locations will 
be private. Data collection may be audio-recorded and transcribed with 
the consent of the respondent.
    We anticipate that consent forms and screener forms to take five 
minutes to complete each. We anticipate 50 percent of HIV-negative MSM 
screened will be eligible for the study. The brief structured survey 
(15 minutes) and in-depth interview (45 minutes) for HIV-negative MSM 
are expected to take a total of 60 minutes (1 hour) total. We will 
complete interviews for 105 black/African-American and 45 Hispanic/
Latino HIV-negative MSM at greatest risk for HIV in high prevalence 
cities in the U.S. South. We anticipate screening 300 potential 
respondents. The total number of burden hours are 192.

                                        Estimated Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Number of    Average burden
      Type of respondent            Form name        Number of     responses per   per response    Total burden
                                                    respondents     respondent      (in hours)         hours
----------------------------------------------------------------------------------------------------------------
General Public--Adults........  HIV-negative MSM             210               1            5/60              18
                                 Screener--Engli
                                 sh.
General Public--Adults........  HIV-negative MSM              90               1            5/60               8
                                 Screener--Spani
                                 sh.
General Public--Adults........  HIV-negative MSM             105               1            1/60               2
                                 Contact
                                 Information
                                 Form--English.
General Public--Adults........  HIV-negative MSM              45               1            1/60               1
                                 Contact
                                 Information
                                 Form--Spanish.
General Public--Adults........  HIV-negative MSM              95               1            5/60               8
                                 Consent Form--
                                 English.
General Public--Adults........  HIV-negative MSM              35               1            5/60               3
                                 Consent Form--
                                 Spanish.
General Public--Adults........  HIV-negative MSM              10               1            3/60               1
                                 Assent for
                                 Minors Form--
                                 English.
General Public--Adults........  HIV-negative MSM              10               1            3/60               1
                                 Assent for
                                 Minors Form--
                                 Spanish.

[[Page 27318]]

 
General Public--Adults........  HIV-negative MSM             105               1               1             105
                                 In-Depth
                                 Interview
                                 Guide--English.
General Public--Adults........  HIV-negative In-              45               1               1              45
                                 Depth Interview
                                 Guide--Spanish.
                                                 ---------------------------------------------------------------
    Total.....................  ................  ..............  ..............  ..............             192
----------------------------------------------------------------------------------------------------------------


Leroy A. Richardson,
Chief, Information Collection Review Office, Office of Scientific 
Integrity, Office of the Associate Director for Science, Office of the 
Director, Centers for Disease Control and Prevention.
[FR Doc. 2015-11512 Filed 5-12-15; 8:45 am]
 BILLING CODE 4163-18-P



                                                    27316                                   Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices

                                                    reportable conditions, which include                                      coordinated at regional and national                                          average burden per response based on
                                                    infectious and non-infectious diseases,                                   levels.                                                                       the burden tables from all of the
                                                    vary by jurisdiction depending upon                                          CDC requests a three-year approval for                                     consolidated applications has not
                                                    each jurisdiction’s health priorities and                                 a revision the NNDSS information                                              changed. The burden on the states and
                                                    needs. Infectious disease agents and                                      collection. This Revision includes                                            cities is estimated to be 10 hours per
                                                    environmental hazards often cross                                         requests for approval to receive: (1) Case                                    response and the burden on the
                                                    geographical boundaries. Each year, the                                   notification data for Chikungunya,                                            territories is estimated to be 5 hours per
                                                    Council of State and Territorial Disease                                  Dengue-like illness, Non-HPS                                                  response. The addition of new vaccine,
                                                    Epidemiologists (CSTE), supported by                                      Hantavirus, and Acute Flaccid Myelitis;                                       laboratory, and disease-specific data
                                                    CDC, determines which reportable                                          (2) new laboratory and vaccine data                                           elements do not add any additional
                                                    conditions should be designated                                           elements for all conditions; and (3) new                                      burden because the states, territories,
                                                    nationally notifiable and voluntarily                                     disease-specific data elements for                                            and cities already collect those data
                                                                                                                              Mumps, Pertussis, and Sexually                                                elements. There will be no increase in
                                                    submitted to CDC so that information
                                                                                                                              Transmitted Diseases.                                                         burden for the states, territories, and
                                                    can be shared across jurisdictional
                                                                                                                                 Although this Revision includes case                                       cities to send those data elements to
                                                    boundaries and both surveillance and                                      notifications that were not part of the                                       CDC. The estimated annual burden is
                                                    prevention and control activities can be                                  last NNDSS Revision, the estimate of the                                      28,340 hours.
                                                                                                                             ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                          Number of                 Avg. burden
                                                                                                                                                                               Number of                                                                      Total burden
                                                                Type of respondents                                                Form name                                                            responses per               per response
                                                                                                                                                                              respondents                                                                       (in hrs.)
                                                                                                                                                                                                          respondent                  (in hrs.)

                                                    States ................................................    Weekly and Annual ..........................                                      50                         52                         10           26,000
                                                    Territories ..........................................     Weekly and Annual ..........................                                       5                         52                          5            1,300
                                                    Cities .................................................   Weekly and Annual ..........................                                       2                         52                         10            1,040

                                                          Total ...........................................    ...........................................................   ........................   ........................   ........................         28,340



                                                    Leroy A. Richardson,                                                      collection request entitled,                                                  FOR FURTHER INFORMATION CONTACT:       To
                                                    Chief, Information Collection Review Office,                              ‘‘Understanding Barriers and                                                  request more information on the
                                                    Office of Scientific Integrity, Office of the                             Facilitators to HIV prevention for Men                                        proposed project or to obtain a copy of
                                                    Associate Director for Science, Office of the                             Who Have Sex with Men (MSM)’’ to                                              the information collection plan and
                                                    Director, Centers for Disease Control and                                 conduct qualitative research with most                                        instruments, contact the Information
                                                    Prevention.                                                               at risk HIV-negative MSM. The research                                        Collection Review Office, Centers for
                                                    [FR Doc. 2015–11514 Filed 5–12–15; 8:45 am]                               is intended to understand issues                                              Disease Control and Prevention, 1600
                                                    BILLING CODE 4163–18–P                                                    surrounding HIV risk for MSM, identify                                        Clifton Road NE., MS–D74, Atlanta,
                                                                                                                              influences of high risk behaviors and to                                      Georgia 30329; phone: 404–639–7570;
                                                                                                                              investigate risk management and                                               Email: omb@cdc.gov.
                                                    DEPARTMENT OF HEALTH AND                                                  resiliency among HIV-negative MSM.
                                                    HUMAN SERVICES                                                                                                                                          SUPPLEMENTARY INFORMATION: Under the
                                                                                                                              DATES: Written comments must be                                               Paperwork Reduction Act of 1995 (PRA)
                                                    Centers for Disease Control and                                           received on or before July 13, 2015.                                          (44 U.S.C. 3501–3520), Federal agencies
                                                    Prevention                                                                                                                                              must obtain approval from the Office of
                                                                                                                              ADDRESSES:   You may submit comments,
                                                                                                                                                                                                            Management and Budget (OMB) for each
                                                    [60 Day–15–15AGK; Docket No. CDC–2015–                                    identified by Docket No. CDC–2015–
                                                                                                                                                                                                            collection of information they conduct
                                                    0032]                                                                     0032 by any of the following methods:
                                                                                                                                                                                                            or sponsor. In addition, the PRA also
                                                                                                                                • Federal eRulemaking Portal:                                               requires Federal agencies to provide a
                                                    Proposed Data Collection Submitted                                        Regulation.gov. Follow the instructions                                       60-day notice in the Federal Register
                                                    for Public Comment and                                                    for submitting comments.                                                      concerning each proposed collection of
                                                    Recommendations                                                             • Mail: Leroy A. Richardson,                                                information, including each new
                                                    AGENCY: Centers for Disease Control and                                   Information Collection Review Office,                                         proposed collection, each proposed
                                                    Prevention, CDC, Department of Health                                     Centers for Disease Control and                                               extension of existing collection of
                                                    and Human Services, HHS.                                                  Prevention, 1600 Clifton Road NE., MS–                                        information, and each reinstatement of
                                                                                                                              D74, Atlanta, Georgia 30329.                                                  previously approved information
                                                    ACTION: Notice with comment period.
                                                                                                                                Instructions: All submissions received                                      collection before submitting the
                                                    SUMMARY:   The Centers for Disease                                        must include the agency name and                                              collection to OMB for approval. To
                                                    Control and Prevention (CDC), as part of                                  Docket Number. All relevant comments                                          comply with this requirement, we are
                                                    its continuing efforts to reduce public                                   received will be posted without change                                        publishing this notice of a proposed
                                                    burden and maximize the utility of                                        to Regulations.gov, including any                                             data collection as described below.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    government information, invites the                                       personal information provided. For                                               Comments are invited on: (a) Whether
                                                    general public and other Federal                                          access to the docket to read background                                       the proposed collection of information
                                                    agencies to take this opportunity to                                      documents or comments received, go to                                         is necessary for the proper performance
                                                    comment on proposed and/or                                                Regulations.gov.                                                              of the functions of the agency, including
                                                    continuing information collections, as                                      Please note: All public comment should be                                   whether the information shall have
                                                    required by the Paperwork Reduction                                       submitted through the Federal eRulemaking                                     practical utility; (b) the accuracy of the
                                                    Act of 1995. This notice invites                                          portal (Regulations.gov) or by U.S. mail to the                               agency’s estimate of the burden of the
                                                    comment on a new information                                              address listed above.                                                         proposed collection of information; (c)


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                                                                                  Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices                                             27317

                                                    ways to enhance the quality, utility, and               Barriers and Facilitators to HIV                      mouth referrals or flyers given out by
                                                    clarity of the information to be                        prevention for Men Who Have Sex with                  community-based, advocacy, faith-
                                                    collected; (d) ways to minimize the                     Men (MSM).’’ The purpose of this study                based, and service-providing agencies.
                                                    burden of the collection of information                 is to conduct primarily qualitative                      Primarily, we will use a qualitative
                                                    on respondents, including through the                   research with most at risk HIV-negative               research design and will include a brief
                                                    use of automated collection techniques                  MSM. There are four goals to this study:              quantitative survey to reduce
                                                    or other forms of information                           (1) Understand issues surrounding HIV                 participant burden where possible (for
                                                    technology; and (e) estimates of capital                risk for MSM; (2) learn more about how                example, when we do not need to know
                                                    or start-up costs and costs of operation,               gay community or peer norms, and                      an in-depth answer for socio-
                                                    maintenance, and purchase of services                   community identification influence risk               demographics, HIV testing history,
                                                    to provide information. Burden means                    behaviors; (3) understand individual                  housing status, health insurance status).
                                                    the total time, effort, or financial                    HIV risk management, such as having an                The first portion of the interview
                                                    resources expended by persons to                        HIV-positive partner with suppressed                  instrument consists of brief structured
                                                    generate, maintain, retain, disclose or                 viral load, barriers and facilitators for             questions to characterize the
                                                    provide information to or for a Federal                 use of biomedical interventions (i.e.,                respondents. The second portion of the
                                                    agency. This includes the time needed                   pre-exposure prophylaxis (PrEP), non-                 instrument consists of open-ended in-
                                                    to review instructions; to develop,                     occupational post-exposure prophylaxis                depth qualitative questions. This
                                                    acquire, install and utilize technology                 (nPEP); and (4) understand factors that               research design was chosen based on
                                                    and systems for the purpose of                          promote resiliency among HIV-negative                 the exploratory nature of our study
                                                    collecting, validating and verifying                    MSM.                                                  purpose.
                                                    information, processing and                                The present research will be
                                                                                                            conducted in the top five Southern                       All data collection tools will be pre-
                                                    maintaining information, and disclosing                                                                       tested and interviews conducted by
                                                    and providing information; to train                     metropolitan areas in the United States
                                                                                                            with the highest HIV diagnoses for                    trained personnel. The data collection
                                                    personnel and to be able to respond to                                                                        will take place at a time and place that
                                                    a collection of information, to search                  MSM—Atlanta, Georgia; Jackson,
                                                                                                            Mississippi; Miami, Florida; and New                  is convenient to the respondent.
                                                    data sources, to complete and review                                                                          Locations will be private. Data
                                                    the collection of information; and to                   Orleans and Baton Rouge, Louisiana.
                                                                                                            These cities rank among those in the                  collection may be audio-recorded and
                                                    transmit or otherwise disclose the                                                                            transcribed with the consent of the
                                                    information.                                            South with the highest prevalence and
                                                                                                            incidence of HIV and sexually                         respondent.
                                                    Proposed Project                                        transmitted infections (STIs) among                      We anticipate that consent forms and
                                                      Understanding Barriers and                            black/African American and Hispanic/                  screener forms to take five minutes to
                                                    Facilitators to HIV prevention for Men                  Latino MSM.                                           complete each. We anticipate 50 percent
                                                    Who Have Sex with Men (MSM) (Pulse                         The study population will consist of               of HIV-negative MSM screened will be
                                                    Study)—New—National Center for HIV/                     black/African-American and Hispanic/                  eligible for the study. The brief
                                                    AIDS, Viral Hepatitis, STD, and TB                      Latino (1) male adolescents who are                   structured survey (15 minutes) and in-
                                                    Prevention (NCHHSTP), Centers for                       attracted to men and report they are HIV              depth interview (45 minutes) for HIV-
                                                    Disease Control and Prevention (CDC).                   negative or have not been tested and (2)              negative MSM are expected to take a
                                                                                                            adult MSM who are recently tested and                 total of 60 minutes (1 hour) total. We
                                                    Background and Brief Description                        verified as HIV-negative.                             will complete interviews for 105 black/
                                                      The National Center for HIV/AIDS,                        All study participants will be 13 years            African-American and 45 Hispanic/
                                                    Viral Hepatitis, STD, and TB Prevention                 of age or older. Participants will be                 Latino HIV-negative MSM at greatest
                                                    (NCHHSTP)/Division of HIV/AIDS                          recruited in the selected cities through              risk for HIV in high prevalence cities in
                                                    Prevention (DHAP) is requesting                         referrals from Health Departments,                    the U.S. South. We anticipate screening
                                                    approval for one year of a data                         clinics and other HIV testing centers. In             300 potential respondents. The total
                                                    collection entitled, ‘‘Understanding                    addition, we will recruit via word-of-                number of burden hours are 192.

                                                                                                           ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                      Average
                                                                                                                                                                 Number of                          Total
                                                                                                                                               Number of                            burden per
                                                              Type of respondent                              Form name                                        responses per                       burden
                                                                                                                                              respondents                            response
                                                                                                                                                                 respondent                         hours
                                                                                                                                                                                     (in hours)

                                                    General Public—Adults .....................   HIV-negative   MSM    Screener—                        210                 1              5/60            18
                                                                                                    English.
                                                    General Public—Adults .....................   HIV-negative   MSM    Screener—                         90                 1              5/60            8
                                                                                                    Spanish.
                                                    General Public—Adults .....................   HIV-negative MSM Contact Informa-                      105                 1              1/60            2
                                                                                                    tion Form—English.
                                                    General Public—Adults .....................   HIV-negative MSM Contact Informa-                       45                 1              1/60            1
                                                                                                    tion Form—Spanish.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    General Public—Adults .....................   HIV-negative MSM Consent Form—                          95                 1              5/60            8
                                                                                                    English.
                                                    General Public—Adults .....................   HIV-negative MSM Consent Form—                          35                 1              5/60            3
                                                                                                    Spanish.
                                                    General Public—Adults .....................   HIV-negative MSM Assent for Mi-                         10                 1              3/60            1
                                                                                                    nors Form—English.
                                                    General Public—Adults .....................   HIV-negative MSM Assent for Mi-                         10                 1              3/60            1
                                                                                                    nors Form—Spanish.



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                                                    27318                                 Federal Register / Vol. 80, No. 92 / Wednesday, May 13, 2015 / Notices

                                                                                                              ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                                                      Average
                                                                                                                                                                                                        Number of                                            Total
                                                                                                                                                                             Number of                                              burden per
                                                               Type of respondent                                                Form name                                                            responses per                                         burden
                                                                                                                                                                            respondents                                              response
                                                                                                                                                                                                        respondent                                           hours
                                                                                                                                                                                                                                     (in hours)

                                                    General Public—Adults .....................              HIV-negative MSM In-Depth Inter-                                                105                            1                          1             105
                                                                                                               view Guide—English.
                                                    General Public—Adults .....................              HIV-negative In-Depth Interview                                                   45                          1                           1             45
                                                                                                               Guide—Spanish.

                                                         Total ...........................................   ...........................................................   ........................   ........................   ........................            192



                                                    Leroy A. Richardson,                                                    Hampshire Ave., Document Control                                              the sale and distribution of tobacco
                                                    Chief, Information Collection Review Office,                            Center, Bldg. 71, Rm. G335, Silver                                            products issued under section 906(d) of
                                                    Office of Scientific Integrity, Office of the                           Spring, MD 20993–0002. Send one self-                                         the FD&C Act, such as FDA’s
                                                    Associate Director for Science, Office of the                           addressed adhesive label to assist that                                       ‘‘Regulations Restricting the Sale and
                                                    Director, Centers for Disease Control and                               office in processing your request or
                                                    Prevention.
                                                                                                                                                                                                          Distribution of Cigarettes and Smokeless
                                                                                                                            include a fax number to which the draft                                       Tobacco to Protect Children and
                                                    [FR Doc. 2015–11512 Filed 5–12–15; 8:45 am]                             guidance may be sent. See the                                                 Adolescents’’ (21 CFR part 1140). The
                                                    BILLING CODE 4163–18–P                                                  SUPPLEMENTARY INFORMATION section for                                         term ‘‘no-tobacco-sale order’’ refers to
                                                                                                                            information on electronic access to the                                       an order prohibiting the sale of tobacco
                                                                                                                            draft guidance.                                                               products at a retail outlet indefinitely or
                                                    DEPARTMENT OF HEALTH AND                                                  Submit electronic comments on the
                                                    HUMAN SERVICES                                                                                                                                        for a specified period of time under
                                                                                                                            draft guidance to http://                                                     section 303(f)(8) of the FD&C Act. A
                                                    Food and Drug Administration                                            www.regulations.gov. Submit written
                                                                                                                                                                                                          ‘‘repeated violation’’ means ‘‘at least 5
                                                                                                                            comments to the Division of Dockets
                                                    [Docket No. FDA–2015–D–0404]                                                                                                                          violations of particular requirements
                                                                                                                            Management (HFA–305), Food and Drug
                                                                                                                            Administration, 5630 Fishers Lane, Rm.                                        over a 36-month period at a particular
                                                    Determination of the Period Covered                                     1061, Rockville, MD 20852. Identify                                           retail outlet that constitute a repeated
                                                    by a No-Tobacco-Sale Order and                                          comments with the docket number                                               violation . . .’’ (section 103(q)(1)(A) of
                                                    Compliance With an Order; Draft                                         found in brackets in the heading of this                                      the Tobacco Control Act).
                                                    Guidance for Tobacco Retailers;                                         document.                                                                        FDA conducts inspections of retail
                                                    Availability                                                                                                                                          outlets to evaluate compliance with the
                                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    AGENCY:      Food and Drug Administration,                              Colleen Maschal, Center for Tobacco                                           requirements of the FD&C Act and
                                                    HHS.                                                                    Products, Food and Drug                                                       implementing regulations. This draft
                                                    ACTION:     Notice.                                                     Administration, Document Control                                              guidance discusses the period of time to
                                                                                                                            Center, Bldg. 71, Rm. G335, 10903 New                                         be covered by an NTSO where there is
                                                    SUMMARY:    The Food and Drug                                           Hampshire Ave., Silver Spring, MD                                             evidence of ‘‘repeated violations’’ at a
                                                    Administration (FDA) is announcing the                                  20993, 1–877–287–1373,                                                        particular retail outlet. It also discusses
                                                    availability of a draft guidance for                                    colleen.maschal@fda.hhs.gov.                                                  a retailer’s compliance with an NTSO.
                                                    tobacco retailers entitled                                              SUPPLEMENTARY INFORMATION:                                                    This draft guidance is meant to
                                                    ‘‘Determination of the Period Covered                                                                                                                 supplement FDA’s guidances entitled
                                                    by a No-Tobacco-Sale Order and                                          I. Background
                                                                                                                                                                                                          ‘‘Civil Money Penalties and No-
                                                    Compliance With an Order.’’ The draft                                      On June 22, 2009, President Obama                                          Tobacco-Sale Orders for Tobacco
                                                    guidance, when finalized, will represent                                signed the Family Smoking Prevention                                          Retailers’’ and ‘‘Civil Money Penalties
                                                    FDA’s current thinking with respect to                                  and Tobacco Control Act (Tobacco                                              for Tobacco Retailers and No-Tobacco-
                                                    imposing no-tobacco-sale orders                                         Control Act) (Pub. L. 111–31) into law.
                                                    (NTSOs) on retailers who have                                                                                                                         Sale Orders: Responses to Frequently
                                                                                                                            The Tobacco Control Act amended the                                           Asked Questions.’’
                                                    committed repeated violations of certain                                Federal Food, Drug, and Cosmetic Act
                                                    restrictions on the sale and distribution                               (the FD&C Act) to give FDA authority to                                       II. Significance of Draft Guidance
                                                    of tobacco products. This draft guidance                                regulate the manufacture, marketing,
                                                    discusses, among other things, the                                      and distribution of tobacco products to                                         FDA is issuing this draft guidance
                                                    period of time covered by an NTSO and                                   protect public health generally and to                                        consistent with FDA’s good guidance
                                                    a retailer’s compliance with an NTSO.                                   reduce tobacco use by minors. Section                                         practices regulation (21 CFR 10.115).
                                                    DATES: Although you can comment on                                      906(d) of the FD&C Act (21 U.S.C.                                             The draft guidance, when finalized, will
                                                    any guidance at any time (see 21 CFR                                    387f(d)) authorizes FDA to issue                                              represent the Agency’s current thinking
                                                    10.115(g)(5)), to ensure that the Agency                                regulations that restrict the sale and                                        with respect to the period of time to be
                                                    considers your comment on this draft                                    distribution of tobacco products if FDA                                       covered by NTSOs and retailers’
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    guidance before it begins work on the                                   determines such regulations would be                                          compliance with NTSOs. It does not
                                                    final version of the guidance, submit                                   appropriate for the protection of the                                         create or confer any rights for or on any
                                                    either electronic or written comments                                   public health. Section 303(f)(8) of the                                       person and does not operate to bind
                                                    on the draft guidance by June 29, 2015.                                 FD&C Act (21 U.S.C. 333(f)(8))                                                FDA or the public. An alternative
                                                    ADDRESSES: Submit written requests for                                  authorizes FDA to impose an NTSO                                              approach may be used if such approach
                                                    single copies of this draft guidance to                                 against a person found to have                                                satisfies the requirements of the
                                                    the Center for Tobacco Products, Food                                   committed repeated violations, at a                                           applicable statutes and regulations.
                                                    and Drug Administration, 10903 New                                      particular retail outlet, of restrictions on


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Document Created: 2015-12-16 07:47:09
Document Modified: 2015-12-16 07:47:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice with comment period.
DatesWritten comments must be received on or before July 13, 2015.
ContactTo request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS- D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]
FR Citation80 FR 27316 

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