80_FR_33074 80 FR 32963 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Establishment of a Tobacco User Panel

80 FR 32963 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Establishment of a Tobacco User Panel

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range32963-32966
FR Document2015-14125

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32963-32966]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14125]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1533]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Establishment of a 
Tobacco User Panel

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July 
10, 2015.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-NEW and 
title ``Establishment of a Tobacco User Panel''. Also include the FDA 
docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Establishment of a Tobacco User Panel--(OMB Control Number 0910-NEW)

    The Food and Drug Administration's Center for Tobacco Products 
(CTP) proposes to establish a high quality, probability-based, 
primarily Web-based, panel of 4,000 tobacco users. The panel will 
include individuals who can participate in up to 8 studies over a 3-
year period to assess consumers' responses to tobacco marketing, 
warning statements, product labels, and other communications about 
tobacco products. CTP proposed the establishment of the panel of 
consumers

[[Page 32964]]

because currently existing Web-based panels have a number of 
significant limitations.
    First, most existing consumer panels are drawn from convenience 
samples that limit the generalizability of study findings (Ref. 1). 
Second, although at least two probability-based panels of consumers 
exist in the United States, there is a concern that responses to the 
studies using tobacco users in these panels may be biased due to panel 
conditioning effects (Refs. 2 and 3). That is, consumers in these 
panels complete surveys so frequently that their responses may not 
adequately represent the population as a whole. Panel conditioning has 
been associated with repeated measurement on the same topic (Ref. 4), 
panel tenure (Ref. 2), and frequency of the survey request (Ref. 3). 
This issue is of particular concern for tobacco users who represent a 
minority of the members in the panels, and so may be more likely to be 
selected for participation in experiments and/or surveys related to 
tobacco products. Third, a key benefit of the Web panel approach is 
that the surveys can include multimedia, such as images of tobacco 
product packages, tobacco advertising, new and existing warning 
statements and labels, and potential reduced harm claims in the form of 
labels and print advertisements. Establishing a primarily Web-based 
panel of tobacco users through in-person probability-based recruitment 
of eligible adults and limiting the number of times individuals 
participate in tobacco-related studies will result in nationally 
representative and unbiased data collection on matters of importance 
for FDA.
    With this submission, FDA seeks approval from OMB to establish the 
Tobacco User Panel, a nationally representative, primarily Web-based 
panel of 4,000 current tobacco users. Data collection activities will 
involve pilot testing of panel recruitment and management procedures 
and systems, mail and in-person household screening, in-person 
recruitment of tobacco users, enrollment of selected household members, 
administration of a baseline survey, and panel maintenance surveys, 
following all required informed consent procedures for panel members. 
Once the panel is established, panel members will be asked to 
participate in up to eight experimental and observational studies over 
the 3-year panel commitment period. The first of these studies (Study 
1) is included in this information collection request; approval for the 
remainder of the studies will appear in future requests. The current 
request also seeks approval to conduct up to two rounds of cognitive 
testing of new survey items and up to two focus groups to further 
refine study protocols, as needed. With this clearance, study 
investigators will be able to use the OMB approved data collection 
methods where appropriate to plan and implement the national panel.
    The overall purpose of the proposed data collection is to collect 
information from a representative sample of tobacco users to provide 
data that may be used to develop and support FDA's policies related to 
tobacco products, including their labels, labeling, and advertising. 
Data will be collected from the panel primarily through the use of 
randomized experimental designs, however, there may be data collected 
through the use of other methods, such as surveys, interviews, or 
online group discussions. Given the limitations on the existing Web-
based panels, it is important to develop a new panel of tobacco users 
that balances the need to conduct experiments while limiting the number 
of tobacco-related studies per year so as to not bias study results.
    FDA estimates the burden of this collection of information as 
follows:
    In the Federal Register of October 16, 2014 (79 FR 62160), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received three comments, however only 
two were PRA related. Within those submissions, FDA received multiple 
comments which the Agency has addressed.
    (Comment) One comment asked FDA for the opportunity to review the 
data collection plans and instruments including the sample design, data 
collection methodology, and panel performance evaluation plan.
    (Response) All the instruments and background documents including 
our plan for evaluating panel performance have been uploaded to the 
docket for easy access. The documents included are the data collection 
plans and methodology (Supporting Statement Part A), copies of the 
survey instruments used to screen and recruit panel members, as well as 
the first experimental or observation study (Study 1), and the proposed 
sample design (Supporting Statement Part B).
    (Comment) One comment asked FDA to provide additional details about 
the proposed sample design and FDA's approach to issues such as 
nonresponse of subjects and conditioning effects.
    (Response) The proposed sample design is described in detail in 
Supporting Statement, Part B. Briefly, we propose a multi-stage area 
sample based on an address-based sampling frame. The probabilities 
(single, joint, and the overall selection probability) will be 
measurable at each stage.
    The issues of non-response and conditioning effects are real 
challenges but they should be considered separately from the sample 
design. These are issues faced in the field once the sample has been 
selected and contacted. We have proposed several strategies for 
reducing non-response in the recruitment of panel members, the primary 
one being in-person recruitment which we believe will lead to 
significantly larger recruitment rates than we would achieve if we 
contacted sample members via mail, telephone, or web. We will describe 
our plans to reduce the non-response bias in future individual studies 
as part of the OMB submissions for these studies. We consider the issue 
of conditioning effects as part of our overall panel management plan, 
which is described in Supporting Statement, Part A.
    (Comment) One comment stated that FDA suggests that not every 
panelist will be eligible to participate in every study to minimize the 
potential for ``conditioning'' effects. However, this approach to 
participation is inconsistent with the requirement that every 
individual in the population has a non-zero probability of being in the 
sample. FDA will need to make trade-offs to balance these two 
interests. FDA could consider drawing data from similar respondents, as 
long as FDA knows that there are no important hidden differences 
between the respondents that may affect their responses.
    (Response) We will draw the original sample with known, non-zero, 
and, to the extent possible, equal probabilities. The same will apply 
to any additional samples drawn for the panel to replace attrition. 
Furthermore, any subsample drawn from the panel for specific studies 
will also result in known probabilities of selection. We will derive a 
strategy of spreading the survey-taking load over all panel members to 
avoid excessive burden on any single member or group of members. We 
will implement this strategy by randomly selecting each subsample, but 
at the same time keeping track of each member's survey-taking activity. 
As the number and frequency of survey-taking for a given member 
increases, their probability of selection will decrease, a strategy 
that we will implement using probability proportion to size sampling. 
This strategy will lead to known and measurable selection probabilities 
for each specific subsample.
    (Comment) One comment stated FDA should consider, whether in some 
instances, collecting fresh data from

[[Page 32965]]

new samples of tobacco product users over time may provide better 
results.
    (Response) Our proposed approach includes replenishment of the 
sample over time to address attrition from the panel. As such, the 
panel will include tobacco users with varying tenure lengths on the 
panel. We will be in a position to restrict a specific study subsample 
to the more recent panel members, if desired, and more generally, the 
panel will allow FDA to specify the composition of the sample with 
respect to tenure.
    (Comment) One comment said FDA should consider inclusion of non-
tobacco users or users of specific tobacco categories (e.g., e-
cigarette users, moist smokeless tobacco users) in the sample to 
support comparative analyses between users and non-users or subgroup 
analyses.
    (Response) FDA considered including non-tobacco users early in the 
planning process. However, the planned experimental and observational 
studies will examine issues specific to the tobacco-using population, 
especially those with lower socio-economic status. This includes the 
underlying demographics of users as well as their knowledge, attitudes, 
practices, behaviors, and reactions to various tobacco-related stimuli. 
Other existing data sources, including survey panels, support research 
with non-users. Moreover, limiting the panel to users reduces the 
overall public burden. Once the panel is firmly established, we may 
consider its expansion.
    (Comment) One comment stated FDA should also consider how well the 
sample of 4,000 adult tobacco users will support the planned 
investigations.
    (Response) The sample size of 4,000 was chosen after a careful 
review of, on the one hand, power and subclass analyses requirements, 
and on the other hand, the budgetary implications. After our careful 
review, we concluded that a sample size of 4,000 tobacco users 
represents a good balance, at least for the first iteration of the 
panel.
    We should also mention that the young adult population (aged 18-25) 
and the low-income population (combined household income less than 
$30,000) will be oversampled allowing for more in-depth study of these 
two groups of tobacco users. We also include a screening feature that 
will result in oversampling of the smokeless tobacco users.
    (Comment) One commenter stated that FDA suggests that the approach 
includes a ``3-year panel commitment period''. FDA should consider 
developing and sharing its plan for keeping or removing panelists. For 
example, will FDA keep or remove a panelist if he/she decides to quit 
using tobacco products? Also, how will FDA monitor whether incentives 
are influencing a panelist's responses or behavior? These are only a 
few examples of issues that could arise; therefore, a thoughtful panel 
management plan is needed.
    (Response) We agree that a detailed and well-designed panel 
management plan is needed to make the panel successful. The literature 
on panel maintenance is growing, but there is still much to be learned 
about optimal strategies for maintaining a strong and productive panel. 
Supporting Statement, Part A outlines our plans for panel management, 
including retention and nonresponse follow-up strategies, planned 
incentive experiments, monitoring of panel conditioning, and evaluation 
of the effects of various panel maintenance strategies on substantive 
responses.
    Continual monitoring is planned to study these and other important 
aspects of the panel's health. We will also keep a close eye on 
individual panelists, their participation patterns, and their non-
response patterns to identify potential problems requiring 
intervention. FDA considered removing panel members who report they 
have stopped using tobacco products. Because of recidivism rates, it 
was decided to retain all enrolled panel members regardless of changes 
in their tobacco use patterns. Subsampling of panelists may be 
implemented for specific experimental or observational studies that are 
intended solely for current users of one or more specific tobacco 
products.
    (Comment) One commenter stated FDA should consider establishing 
mechanisms to evaluate the performance of the panel as well as the data 
derived from it. For example, data from the panel on measures such as 
current or past 30-day cigarette smoking might be compared against the 
most recent data from national surveys and other published reports.
    (Response) We agree that benchmarking the panel sample 
characteristics--demographic, socioeconomic, and tobacco use--against 
other national data sources is extremely important. We will 
continuously check that our panel matches known underlying population 
characteristics. However, we will also monitor how the panel compares 
with the target population with respect to known patterns of behavior 
surrounding tobacco use. Differences will not necessarily suggest 
problems with the panel but they will stimulate further investigation 
and explanation.
    (Comment) One commenter asked FDA to provide copies of the survey 
instruments for public comment.
    (Response) Copies of the survey instruments used to screen and 
recruit panel members, as well as the first experimental or observation 
study (Study 1), are uploaded to the docket.
    (Comment) One commenter strongly supports FDA's proposed collection 
of information. The commenter stated that this panel is of great 
utility and the proposed probability-based panel will serve as a 
flexible tool, giving FDA the opportunity to conduct diverse studies.
    (Response) FDA agrees with this comment and believes the panel will 
be a valuable tool for conducting new experimental studies.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
         Activity or type of respondent             Number of     responses per   Total annual         Average burden per response          Total hours
                                                   respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Household Screening Respondent.................          29,385            0.33           9,697  0.16 (10 minutes)......................           1,552
Panel Member Enrollment Survey.................  ..............            0.33           1,320  0.25 (15 minutes)......................             330
Panel Member Baseline Survey...................  ..............            0.33           1,320  0.25 (15 minutes)......................             330
Panel Maintenance/Bi-annual Update Surveys.....           4,000             3.0          12,000  0.08 (5 minutes).......................             960
Experimental/Observational Studies *...........  ..............             2.7          10,800  0.33 (20 minutes)......................           3,564
Panel Replenishment Screening Respondent.......          10,285            0.50           5,143  0.16 (10 minutes)......................             823
Panel Replenishment Enrollment Survey **.......           2,800            0.33             924  0.25 (15 minutes)......................             231
Panel Replenishment Baseline Survey **.........           2,800            0.33             924  0.25 (15 minutes)......................             231
Cognitive Interview Subjects...................              20            0.33               7  1.0....................................               7

[[Page 32966]]

 
Focus Group Subjects...........................              20            0.33               7  1.5....................................              10
                                                --------------------------------------------------------------------------------------------------------
    Total......................................          49,310  ..............  ..............  .......................................           8,038
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs or associated with this collection of information.
* Includes a total of 8 experimental or observational studies over a 3-year period for each of the 4,000 panel members who are active at the time of
  each study. The first study (Study 1) is included in this clearance request; the remaining studies will be funded under separate task orders but are
  included in this table to present an overall estimate of the burden for each participating panel member.
** Assumes 1,400 additional panel members will be recruited annually (2,800 total) as part of the panel replenishment effort.

    The collection burden was estimated using data from timed-readings 
of each instrument, including the mail and field screeners, enrollment 
survey, baseline survey, panel maintenance questionnaires, and Study 1 
questionnaire.

References

    The following references have been placed on display in the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday, 
and are available electronically at http://www.regulations.gov.

1. Baker, R., Blumberg, S., Brick, M., Couper, M., Courtright, M., 
Dennis, J. M., Dillman, D., Frankel, M., Garland, P., Groves, R., 
Kennedy, C., Krosnick, J. and Lavrakas, P., 2010, American 
Association for Public Opinion Research Report on Online Panels. 
Public Opinion Quarterly, 74 (4), pp. 711-781.
2. Coen, T., Lorch, J. and Piekarski, L., 2005, The Effects of 
Survey Frequency on Panelists' Responses, Worldwide Panel Research: 
Developments and Progress, Amsterdam, European Society for Opinion 
and Marketing Research.
3. Nancarrow, C. and Catwright, T., 2007, Online Access Panels and 
Tracking Research, The Conditioning Issue, International Journal of 
Market Research, 49(5), pp. 435-447.
4. Kruse, Y., Callegaro, M., Dennis, J. M., DiSogra, C., Subias, S., 
Lawrence, M., and Tompson, T., 2009, Panel Conditioning and 
Attrition in the AP-Yahoo! News Election Panel Study, Paper 
presented at the American Association for Public Opinion Research 
64th Annual Conference.


    Dated: June 4, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-14125 Filed 6-9-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                          32963

                                                    Spring, MD 20993–0002, PRAStaff@                        Administration, 5630 Fishers Lane, rm.                 DEPARTMENT OF HEALTH AND
                                                    fda.hhs.gov.                                            1061, Rockville, MD 20852.                             HUMAN SERVICES
                                                    SUPPLEMENTARY INFORMATION:     On April                 FOR FURTHER INFORMATION CONTACT:   John                Food and Drug Administration
                                                    23, 2015, the Agency submitted a                        Harshman, Center for Veterinary
                                                    proposed collection of information                      Medicine, Food and Drug                                [Docket No. FDA–2014–N–1533]
                                                    entitled, ‘‘Comparative Price                           Administration, HFV–170, MPN2, 7500
                                                    Information in Direct-to-Consumer and                                                                          Agency Information Collection
                                                                                                            Standish Pl., Rockville, MD 20855, 240–                Activities; Submission for Office of
                                                    Professional Prescription Drug                          402–0845.
                                                    Advertisements’’ to OMB for review and                                                                         Management and Budget Review;
                                                    clearance under 44 U.S.C. 3507. An                      SUPPLEMENTARY INFORMATION:                             Comment Request; Establishment of a
                                                    Agency may not conduct or sponsor,                                                                             Tobacco User Panel
                                                                                                            I. Background
                                                    and a person is not required to respond                                                                        AGENCY:   Food and Drug Administration,
                                                    to, a collection of information unless it                 In the Federal Register of March 18,                 HHS.
                                                    displays a currently valid OMB control                  2015 (80 FR 14146), FDA announced a                    ACTION:   Notice.
                                                    number. OMB has now approved the                        public meeting to discuss the use of in
                                                    information collection and has assigned                 vitro methods as a mechanism for                       SUMMARY:    The Food and Drug
                                                    OMB control number 0910–0791. The                       assessing the in vivo product                          Administration (FDA) is announcing
                                                    approval expires on May 31, 2018. A                     bioequivalence (BE) of nonsystemically                 that a proposed collection of
                                                    copy of the supporting statement for this               absorbed drug products intended for use                information has been submitted to the
                                                    information collection is available on                                                                         Office of Management and Budget
                                                                                                            in veterinary species. In the same
                                                    the Internet at http://www.reginfo.gov/                                                                        (OMB) for review and clearance under
                                                                                                            notice, FDA said that it is seeking
                                                    public/do/PRAMain.                                                                                             the Paperwork Reduction Act of 1995.
                                                                                                            additional public comment to the
                                                      Dated: June 4, 2015.                                                                                         DATES: Fax written comments on the
                                                                                                            docket. Interested persons were
                                                    Leslie Kux,                                             originally given until May 18, 2015, to                collection of information by July 10,
                                                    Associate Commissioner for Policy.                                                                             2015.
                                                                                                            comment on this issue.
                                                    [FR Doc. 2015–14122 Filed 6–9–15; 8:45 am]                                                                     ADDRESSES: To ensure that comments on
                                                                                                            II. Request for Comments                               the information collection are received,
                                                    BILLING CODE 4164–01–P

                                                                                                              Following publication of the March                   OMB recommends that written
                                                                                                                                                                   comments be faxed to the Office of
                                                                                                            18, 2015, notification of public meeting
                                                    DEPARTMENT OF HEALTH AND                                                                                       Information and Regulatory Affairs,
                                                                                                            and request for comments, FDA
                                                    HUMAN SERVICES                                                                                                 OMB, Attn: FDA Desk Officer, FAX:
                                                                                                            received a request to allow interested                 202–395–7285, or emailed to oira_
                                                    Food and Drug Administration                            persons additional time to comment.                    submission@omb.eop.gov. All
                                                                                                            The requester asserted that the time                   comments should be identified with the
                                                    [Docket No. FDA–2015–N–0684]                            period of 60 days was insufficient to                  OMB control number 0910–NEW and
                                                                                                            respond fully to FDA’s specific requests               title ‘‘Establishment of a Tobacco User
                                                    Identification of Alternative In Vitro                  for comments and to allow potential
                                                    Bioequivalence Pathways Which Can                                                                              Panel’’. Also include the FDA docket
                                                                                                            respondents to thoroughly evaluate and                 number found in brackets in the
                                                    Reliably Ensure In Vivo Bioequivalence
                                                                                                            address pertinent issues.                              heading of this document.
                                                    of Product Performance and Quality of
                                                    Non-Systemically Absorbed Drug                          III. How To Submit Comments                            FOR FURTHER INFORMATION CONTACT: FDA
                                                    Products for Animals; Reopening of                                                                             PRA Staff, Office of Operations, Food
                                                    the Comment Period                                         Interested persons may submit either                and Drug Administration, 8455
                                                                                                            electronic comments regarding this                     Colesville Rd., COLE–14526, Silver
                                                    AGENCY:    Food and Drug Administration,                document to http://www.regulations.gov                 Spring, MD 20993–0002, PRAStaff@
                                                    HHS.                                                    or written comments to the Division of                 fda.hhs.gov.
                                                    ACTION:Request for comments;                            Dockets Management (see ADDRESSES). It                 SUPPLEMENTARY INFORMATION: In
                                                    reopening of the comment period.                        is only necessary to send one set of                   compliance with 44 U.S.C. 3507, FDA
                                                                                                            comments. Identify comments with the                   has submitted the following proposed
                                                    SUMMARY:   The Food and Drug
                                                                                                            docket number found in brackets in the                 collection of information to OMB for
                                                    Administration (FDA) is reopening the
                                                    comment period related to the use of in                 heading of this document. Received                     review and clearance.
                                                    vitro methods as a mechanism for                        comments may be seen in the Division                   Establishment of a Tobacco User
                                                    assessing the in vivo product                           of Dockets Management between 9 a.m.                   Panel—(OMB Control Number 0910–
                                                    bioequivalence (BE) of nonsystemically                  and 4 p.m., Monday through Friday, and                 NEW)
                                                    absorbed drug products intended for use                 will be posted to the docket at http://
                                                                                                            www.regulations.gov.                                     The Food and Drug Administration’s
                                                    in veterinary species, published in the                                                                        Center for Tobacco Products (CTP)
                                                    Federal Register of March 18, 2015 (80                    Dated: June 4, 2015.                                 proposes to establish a high quality,
                                                    FR 14146). FDA is reopening the                         Leslie Kux,                                            probability-based, primarily Web-based,
                                                    comment period to update comments                                                                              panel of 4,000 tobacco users. The panel
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Associate Commissioner for Policy.
                                                    and to receive any new information.                                                                            will include individuals who can
                                                                                                            [FR Doc. 2015–14101 Filed 6–9–15; 8:45 am]
                                                    DATES: Submit either electronic or                                                                             participate in up to 8 studies over a 3-
                                                                                                            BILLING CODE 4164–01–P
                                                    written comments by August 10, 2015.                                                                           year period to assess consumers’
                                                    ADDRESSES: Submit electronic                                                                                   responses to tobacco marketing, warning
                                                    comments to http://                                                                                            statements, product labels, and other
                                                    www.regulations.gov. Submit written                                                                            communications about tobacco
                                                    comments to the Division of Dockets                                                                            products. CTP proposed the
                                                    Management (HFA–305), Food and Drug                                                                            establishment of the panel of consumers


                                               VerDate Sep<11>2014   16:46 Jun 09, 2015   Jkt 235001   PO 00000   Frm 00035   Fmt 4703   Sfmt 4703   E:\FR\FM\10JNN1.SGM   10JNN1


                                                    32964                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    because currently existing Web-based                    to conduct up to two rounds of                         and the overall selection probability)
                                                    panels have a number of significant                     cognitive testing of new survey items                  will be measurable at each stage.
                                                    limitations.                                            and up to two focus groups to further                     The issues of non-response and
                                                       First, most existing consumer panels                 refine study protocols, as needed. With                conditioning effects are real challenges
                                                    are drawn from convenience samples                      this clearance, study investigators will               but they should be considered
                                                    that limit the generalizability of study                be able to use the OMB approved data                   separately from the sample design.
                                                    findings (Ref. 1). Second, although at                  collection methods where appropriate to                These are issues faced in the field once
                                                    least two probability-based panels of                   plan and implement the national panel.                 the sample has been selected and
                                                    consumers exist in the United States,                      The overall purpose of the proposed                 contacted. We have proposed several
                                                    there is a concern that responses to the                data collection is to collect information              strategies for reducing non-response in
                                                    studies using tobacco users in these                    from a representative sample of tobacco                the recruitment of panel members, the
                                                    panels may be biased due to panel                       users to provide data that may be used                 primary one being in-person
                                                    conditioning effects (Refs. 2 and 3). That              to develop and support FDA’s policies                  recruitment which we believe will lead
                                                    is, consumers in these panels complete                  related to tobacco products, including                 to significantly larger recruitment rates
                                                    surveys so frequently that their                        their labels, labeling, and advertising.               than we would achieve if we contacted
                                                    responses may not adequately represent                  Data will be collected from the panel                  sample members via mail, telephone, or
                                                    the population as a whole. Panel                        primarily through the use of                           web. We will describe our plans to
                                                    conditioning has been associated with                   randomized experimental designs,                       reduce the non-response bias in future
                                                    repeated measurement on the same                        however, there may be data collected                   individual studies as part of the OMB
                                                    topic (Ref. 4), panel tenure (Ref. 2), and              through the use of other methods, such                 submissions for these studies. We
                                                    frequency of the survey request (Ref. 3).               as surveys, interviews, or online group                consider the issue of conditioning
                                                    This issue is of particular concern for                 discussions. Given the limitations on                  effects as part of our overall panel
                                                    tobacco users who represent a minority                  the existing Web-based panels, it is                   management plan, which is described in
                                                    of the members in the panels, and so                    important to develop a new panel of                    Supporting Statement, Part A.
                                                    may be more likely to be selected for                   tobacco users that balances the need to                   (Comment) One comment stated that
                                                    participation in experiments and/or                     conduct experiments while limiting the                 FDA suggests that not every panelist
                                                    surveys related to tobacco products.                    number of tobacco-related studies per                  will be eligible to participate in every
                                                    Third, a key benefit of the Web panel                   year so as to not bias study results.                  study to minimize the potential for
                                                    approach is that the surveys can include                   FDA estimates the burden of this
                                                                                                                                                                   ‘‘conditioning’’ effects. However, this
                                                    multimedia, such as images of tobacco                   collection of information as follows:
                                                                                                               In the Federal Register of October 16,              approach to participation is inconsistent
                                                    product packages, tobacco advertising,
                                                                                                            2014 (79 FR 62160), FDA published a                    with the requirement that every
                                                    new and existing warning statements
                                                                                                            60-day notice requesting public                        individual in the population has a non-
                                                    and labels, and potential reduced harm
                                                                                                            comment on the proposed collection of                  zero probability of being in the sample.
                                                    claims in the form of labels and print
                                                                                                            information. FDA received three                        FDA will need to make trade-offs to
                                                    advertisements. Establishing a primarily
                                                                                                            comments, however only two were PRA                    balance these two interests. FDA could
                                                    Web-based panel of tobacco users
                                                                                                            related. Within those submissions, FDA                 consider drawing data from similar
                                                    through in-person probability-based
                                                                                                            received multiple comments which the                   respondents, as long as FDA knows that
                                                    recruitment of eligible adults and
                                                                                                            Agency has addressed.                                  there are no important hidden
                                                    limiting the number of times
                                                    individuals participate in tobacco-                        (Comment) One comment asked FDA                     differences between the respondents
                                                    related studies will result in nationally               for the opportunity to review the data                 that may affect their responses.
                                                    representative and unbiased data                        collection plans and instruments                          (Response) We will draw the original
                                                    collection on matters of importance for                 including the sample design, data                      sample with known, non-zero, and, to
                                                    FDA.                                                    collection methodology, and panel                      the extent possible, equal probabilities.
                                                       With this submission, FDA seeks                      performance evaluation plan.                           The same will apply to any additional
                                                    approval from OMB to establish the                         (Response) All the instruments and                  samples drawn for the panel to replace
                                                    Tobacco User Panel, a nationally                        background documents including our                     attrition. Furthermore, any subsample
                                                    representative, primarily Web-based                     plan for evaluating panel performance                  drawn from the panel for specific
                                                    panel of 4,000 current tobacco users.                   have been uploaded to the docket for                   studies will also result in known
                                                    Data collection activities will involve                 easy access. The documents included                    probabilities of selection. We will derive
                                                    pilot testing of panel recruitment and                  are the data collection plans and                      a strategy of spreading the survey-taking
                                                    management procedures and systems,                      methodology (Supporting Statement                      load over all panel members to avoid
                                                    mail and in-person household                            Part A), copies of the survey                          excessive burden on any single member
                                                    screening, in-person recruitment of                     instruments used to screen and recruit                 or group of members. We will
                                                    tobacco users, enrollment of selected                   panel members, as well as the first                    implement this strategy by randomly
                                                    household members, administration of a                  experimental or observation study                      selecting each subsample, but at the
                                                    baseline survey, and panel maintenance                  (Study 1), and the proposed sample                     same time keeping track of each
                                                    surveys, following all required informed                design (Supporting Statement Part B).                  member’s survey-taking activity. As the
                                                    consent procedures for panel members.                      (Comment) One comment asked FDA                     number and frequency of survey-taking
                                                    Once the panel is established, panel                    to provide additional details about the                for a given member increases, their
                                                    members will be asked to participate in                 proposed sample design and FDA’s                       probability of selection will decrease, a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    up to eight experimental and                            approach to issues such as nonresponse                 strategy that we will implement using
                                                    observational studies over the 3-year                   of subjects and conditioning effects.                  probability proportion to size sampling.
                                                    panel commitment period. The first of                      (Response) The proposed sample                      This strategy will lead to known and
                                                    these studies (Study 1) is included in                  design is described in detail in                       measurable selection probabilities for
                                                    this information collection request;                    Supporting Statement, Part B. Briefly,                 each specific subsample.
                                                    approval for the remainder of the                       we propose a multi-stage area sample                      (Comment) One comment stated FDA
                                                    studies will appear in future requests.                 based on an address-based sampling                     should consider, whether in some
                                                    The current request also seeks approval                 frame. The probabilities (single, joint,               instances, collecting fresh data from


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                                                                                     Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                                    32965

                                                    new samples of tobacco product users                              We should also mention that the                               changes in their tobacco use patterns.
                                                    over time may provide better results.                          young adult population (aged 18–25)                              Subsampling of panelists may be
                                                      (Response) Our proposed approach                             and the low-income population                                    implemented for specific experimental
                                                    includes replenishment of the sample                           (combined household income less than                             or observational studies that are
                                                    over time to address attrition from the                        $30,000) will be oversampled allowing                            intended solely for current users of one
                                                    panel. As such, the panel will include                         for more in-depth study of these two                             or more specific tobacco products.
                                                    tobacco users with varying tenure                              groups of tobacco users. We also include                            (Comment) One commenter stated
                                                    lengths on the panel. We will be in a                          a screening feature that will result in                          FDA should consider establishing
                                                    position to restrict a specific study                          oversampling of the smokeless tobacco                            mechanisms to evaluate the
                                                    subsample to the more recent panel                             users.                                                           performance of the panel as well as the
                                                    members, if desired, and more                                     (Comment) One commenter stated                                data derived from it. For example, data
                                                    generally, the panel will allow FDA to                         that FDA suggests that the approach                              from the panel on measures such as
                                                    specify the composition of the sample                          includes a ‘‘3-year panel commitment                             current or past 30-day cigarette smoking
                                                    with respect to tenure.                                        period’’. FDA should consider                                    might be compared against the most
                                                      (Comment) One comment said FDA                               developing and sharing its plan for                              recent data from national surveys and
                                                    should consider inclusion of non-                              keeping or removing panelists. For                               other published reports.
                                                    tobacco users or users of specific                             example, will FDA keep or remove a                                  (Response) We agree that
                                                    tobacco categories (e.g., e-cigarette                          panelist if he/she decides to quit using                         benchmarking the panel sample
                                                    users, moist smokeless tobacco users) in                       tobacco products? Also, how will FDA                             characteristics—demographic,
                                                    the sample to support comparative                              monitor whether incentives are                                   socioeconomic, and tobacco use—
                                                    analyses between users and non-users or                        influencing a panelist’s responses or                            against other national data sources is
                                                    subgroup analyses.                                             behavior? These are only a few                                   extremely important. We will
                                                      (Response) FDA considered including                          examples of issues that could arise;                             continuously check that our panel
                                                    non-tobacco users early in the planning                        therefore, a thoughtful panel                                    matches known underlying population
                                                    process. However, the planned                                  management plan is needed.                                       characteristics. However, we will also
                                                    experimental and observational studies                            (Response) We agree that a detailed                           monitor how the panel compares with
                                                    will examine issues specific to the                            and well-designed panel management                               the target population with respect to
                                                    tobacco-using population, especially                           plan is needed to make the panel                                 known patterns of behavior surrounding
                                                    those with lower socio-economic status.                        successful. The literature on panel                              tobacco use. Differences will not
                                                    This includes the underlying                                   maintenance is growing, but there is                             necessarily suggest problems with the
                                                    demographics of users as well as their                         still much to be learned about optimal                           panel but they will stimulate further
                                                    knowledge, attitudes, practices,                               strategies for maintaining a strong and                          investigation and explanation.
                                                    behaviors, and reactions to various                            productive panel. Supporting                                        (Comment) One commenter asked
                                                    tobacco-related stimuli. Other existing                        Statement, Part A outlines our plans for                         FDA to provide copies of the survey
                                                    data sources, including survey panels,                         panel management, including retention                            instruments for public comment.
                                                    support research with non-users.                               and nonresponse follow-up strategies,                               (Response) Copies of the survey
                                                    Moreover, limiting the panel to users                          planned incentive experiments,                                   instruments used to screen and recruit
                                                    reduces the overall public burden. Once                        monitoring of panel conditioning, and                            panel members, as well as the first
                                                    the panel is firmly established, we may                        evaluation of the effects of various panel                       experimental or observation study
                                                    consider its expansion.                                        maintenance strategies on substantive                            (Study 1), are uploaded to the docket.
                                                      (Comment) One comment stated FDA                             responses.                                                          (Comment) One commenter strongly
                                                    should also consider how well the                                 Continual monitoring is planned to                            supports FDA’s proposed collection of
                                                    sample of 4,000 adult tobacco users will                       study these and other important aspects                          information. The commenter stated that
                                                    support the planned investigations.                            of the panel’s health. We will also keep                         this panel is of great utility and the
                                                      (Response) The sample size of 4,000                          a close eye on individual panelists, their                       proposed probability-based panel will
                                                    was chosen after a careful review of, on                       participation patterns, and their non-                           serve as a flexible tool, giving FDA the
                                                    the one hand, power and subclass                               response patterns to identify potential                          opportunity to conduct diverse studies.
                                                    analyses requirements, and on the other                        problems requiring intervention. FDA                                (Response) FDA agrees with this
                                                    hand, the budgetary implications. After                        considered removing panel members                                comment and believes the panel will be
                                                    our careful review, we concluded that a                        who report they have stopped using                               a valuable tool for conducting new
                                                    sample size of 4,000 tobacco users                             tobacco products. Because of recidivism                          experimental studies.
                                                    represents a good balance, at least for                        rates, it was decided to retain all                                 FDA estimates the burden of this
                                                    the first iteration of the panel.                              enrolled panel members regardless of                             collection of information as follows:

                                                                                                         TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                             Number of                                 Average
                                                                                                                                  Number of                                    Total annual
                                                                     Activity or type of respondent                                                        responses per                             burden per              Total hours
                                                                                                                                 respondents                                    responses
                                                                                                                                                             respondent                               response

                                                    Household Screening Respondent .................................                        29,385                     0.33            9,697    0.16 (10 minutes)                   1,552
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                                                    Panel Member Enrollment Survey ..................................          ........................                0.33            1,320    0.25 (15 minutes)                     330
                                                    Panel Member Baseline Survey .....................................         ........................                0.33            1,320    0.25 (15 minutes)                     330
                                                    Panel Maintenance/Bi-annual Update Surveys ..............                                 4,000                     3.0           12,000    0.08 (5 minutes)                      960
                                                    Experimental/Observational Studies * .............................         ........................                 2.7           10,800    0.33 (20 minutes)                   3,564
                                                    Panel Replenishment Screening Respondent ................                               10,285                     0.50            5,143    0.16 (10 minutes)                     823
                                                    Panel Replenishment Enrollment Survey ** ....................                             2,800                    0.33              924    0.25 (15 minutes)                     231
                                                    Panel Replenishment Baseline Survey ** .......................                            2,800                    0.33              924    0.25 (15 minutes)                     231
                                                    Cognitive Interview Subjects ...........................................                       20                  0.33                7    1.0 ......................              7



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                                                    32966                                Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                Number of                                                  Average
                                                                                                                                              Number of                                   Total annual
                                                                      Activity or type of respondent                                                          responses per                                              burden per                Total hours
                                                                                                                                             respondents                                   responses
                                                                                                                                                                respondent                                                response

                                                    Focus Group Subjects ....................................................                           20                     0.33                            7    1.5 ......................               10

                                                         Total .........................................................................           49,310     ........................   ........................   ............................          8,038
                                                       1 There  are no capital or operating and maintenance costs or associated with this collection of information.
                                                       * Includes a total of 8 experimental or observational studies over a 3-year period for each of the 4,000 panel members who are active at the
                                                    time of each study. The first study (Study 1) is included in this clearance request; the remaining studies will be funded under separate task or-
                                                    ders but are included in this table to present an overall estimate of the burden for each participating panel member.
                                                       ** Assumes 1,400 additional panel members will be recruited annually (2,800 total) as part of the panel replenishment effort.


                                                      The collection burden was estimated                                           and Tompson, T., 2009, Panel                                  Dextrose in 32 mg single IV doses. The
                                                    using data from timed-readings of each                                          Conditioning and Attrition in the AP-                         holders of these applications have
                                                    instrument, including the mail and field                                        Yahoo! News Election Panel Study,                             voluntarily requested that FDA
                                                                                                                                    Paper presented at the American
                                                    screeners, enrollment survey, baseline                                                                                                        withdraw approval of their applications
                                                                                                                                    Association for Public Opinion Research
                                                    survey, panel maintenance                                                       64th Annual Conference.                                       and have waived their opportunity for a
                                                    questionnaires, and Study 1                                                                                                                   hearing.
                                                    questionnaire.                                                             Dated: June 4, 2015.
                                                                                                                                                                                                  DATES:       Effective June 10, 2015.
                                                    References                                                               Leslie Kux,
                                                                                                                             Associate Commissioner for Policy.                                   FOR FURTHER INFORMATION CONTACT:
                                                      The following references have been                                                                                                          Emily Helms Williams, Center for Drug
                                                                                                                             [FR Doc. 2015–14125 Filed 6–9–15; 8:45 am]
                                                    placed on display in the Division of                                                                                                          Evaluation and Research, Food and
                                                                                                                             BILLING CODE 4164–01–P
                                                    Dockets Management (HFA–305), Food                                                                                                            Drug Administration, 10903 New
                                                    and Drug Administration, 5630 Fishers                                                                                                         Hampshire Ave., Bldg. 51, Rm. 6280,
                                                    Lane, rm. 1061, Rockville, MD 20852,                                                                                                          Silver Spring, MD 20993–0002, 301–
                                                                                                                             DEPARTMENT OF HEALTH AND
                                                    and may be seen by interested persons                                                                                                         796–3381.
                                                                                                                             HUMAN SERVICES
                                                    between 9 a.m. and 4 p.m., Monday
                                                    through Friday, and are available                                                                                                             SUPPLEMENTARY INFORMATION:       On June
                                                                                                                             Food and Drug Administration
                                                    electronically at http://                                                                                                                     29, 2012, FDA issued a Drug Safety
                                                    www.regulations.gov.                                                     [Docket No. FDA–2015–N–1702]                                         Communication to notify health care
                                                    1. Baker, R., Blumberg, S., Brick, M., Couper,
                                                                                                                                                                                                  professionals that the 32 mg, single IV
                                                                                                                             Baxter Healthcare Corporation et al.;                                dose of ondansetron HCl, indicated for
                                                        M., Courtright, M., Dennis, J. M.,
                                                                                                                             Withdrawal of Approval of One New                                    prevention of nausea and vomiting
                                                        Dillman, D., Frankel, M., Garland, P.,
                                                        Groves, R., Kennedy, C., Krosnick, J. and                            Drug Application and Four Abbreviated                                associated with initial and repeat
                                                        Lavrakas, P., 2010, American Association                             New Drug Applications                                                courses of emetogenic cancer
                                                        for Public Opinion Research Report on                                                                                                     chemotherapy in adult patients, should
                                                                                                                             AGENCY:         Food and Drug Administration,
                                                        Online Panels. Public Opinion Quarterly,                                                                                                  be avoided due to the risk of a specific
                                                        74 (4), pp. 711–781.                                                 HHS.
                                                    2. Coen, T., Lorch, J. and Piekarski, L., 2005,                          ACTION:        Notice.                                               type of irregular heart rhythm called QT
                                                        The Effects of Survey Frequency on                                                                                                        interval prolongation, which can lead to
                                                        Panelists’ Responses, Worldwide Panel                                SUMMARY:   The Food and Drug                                         Torsades de Pointes, an abnormal,
                                                        Research: Developments and Progress,                                 Administration (FDA) is withdrawing                                  potentially fatal heart rhythm.
                                                        Amsterdam, European Society for                                      approval of one new drug application                                 Subsequently, FDA contacted the
                                                        Opinion and Marketing Research.                                      (NDA) for Ondansetron (ondansetron                                   holders of the following applications
                                                    3. Nancarrow, C. and Catwright, T., 2007,                                hydrochloride (HCl)) Injection, USP in                               and informed them that the Agency
                                                        Online Access Panels and Tracking                                    PL 2408 Plastic Container, 32                                        believes that in light of the safety
                                                        Research, The Conditioning Issue,
                                                        International Journal of Market                                      milligrams (mg) in 50 milliliters (mL),                              concern associated with ondansetron
                                                        Research, 49(5), pp. 435–447.                                        single intravenous (IV) dose, and four                               HCl in the 32 mg, single IV dose, the
                                                    4. Kruse, Y., Callegaro, M., Dennis, J. M.,                              abbreviated new drug applications                                    following drug products should be
                                                        DiSogra, C., Subias, S., Lawrence, M.,                               (ANDAs) for ondansetron HCl and                                      removed from the market:



                                                          Application number                                                               Drug                                                                         Applicant

                                                    NDA 021915 ........................           Ondansetron Hydrochloride                   Injection, USP premix in              Baxter Healthcare Corporation (Baxter), 32650 N. Wil-
                                                                                                   Intravia Plastic Container.                                                        son Rd., Round Lake, IL 60073.
                                                    ANDA 077348 ......................            Ondansetron Hydrochloride                   and Dextrose in Plastic               Hospira, Inc. (Hospira), 275 North Field Dr., Depart-
                                                                                                   Container.                                                                         ment 389, Bldg. H2–2, Lake Forest, IL 60045.
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                                                    ANDA 077480 ......................            Ondansetron Hydrochloride                   and Dextrose in Plastic               Teva Pharmaceuticals USA (Teva), 400 Chestnut
                                                                                                   Container.                                                                         Ridge Rd., Woodcliff Lake, NJ 07677.
                                                    ANDA 078291 ......................            Ondansetron Hydrochloride                   and Dextrose in Plastic               Bedford Labs (Bedford), 300 Northfield Rd., Bedford,
                                                                                                   Container.                                                                         OH 44146.
                                                    ANDA 078308 ......................            Ondansetron Hydrochloride                   and Dextrose in Plastic               Claris Lifesciences Ltd. (Claris), 2325 Camino Vida
                                                                                                   Container.                                                                         Roble, Suite A, Carlsbad, CA 92011.




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Document Created: 2015-12-15 15:17:40
Document Modified: 2015-12-15 15:17:40
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.
DatesFax written comments on the collection of information by July 10, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 32963 

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