81_FR_10296 81 FR 10257 - Agency Information Collection Activities; Proposed Collection; Comment Request; National Direct-to-Consumer Advertising Survey

81 FR 10257 - Agency Information Collection Activities; Proposed Collection; Comment Request; National Direct-to-Consumer Advertising Survey

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range10257-10259
FR Document2016-04220

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on research entitled, ``National Direct-to- Consumer Advertising Survey.'' The objective of this research is to survey the public about their experiences with and attitudes toward direct-to-consumer (DTC) advertising of prescription drugs.

Federal Register, Volume 81 Issue 39 (Monday, February 29, 2016)
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10257-10259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04220]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0544]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; National Direct-to-Consumer Advertising Survey

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on research entitled, ``National Direct-to-
Consumer Advertising Survey.'' The objective of this research is to 
survey the public about their experiences with and attitudes toward 
direct-to-consumer (DTC) advertising of prescription drugs.

DATES: Submit either electronic or written comments on the collection 
of information by April 29, 2016.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-N-0544 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; National Direct-to-Consumer 
Advertising Survey.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

[[Page 10258]]

     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

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: Under the 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. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information before 
submitting the collection to OMB for approval. To comply with this 
requirement, FDA is publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

National Direct-to-Consumer Advertising Survey

OMB Control Number 0910--NEW

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 
300u(a)(4)) authorizes FDA to conduct research relating to health 
information. Section 1003(d)(2)(C) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 393(d)(2)(c)) authorizes FDA to 
conduct research relating to drugs and other FDA regulated products in 
carrying out the provisions of the FD&C Act.
    FDA last surveyed patients about their experiences with and 
attitudes toward DTC advertising in 2002 (Ref. 1). Numerous changes 
have affected the DTC landscape since 2002, including declines in print 
readership, the rise in online prescription drug promotion, and self-
imposed industry guidelines for DTC advertising (Ref. 2). These changes 
may have affected consumers' exposure to different kinds of DTC 
advertising and its influence on their attitudes and behaviors. The 
purpose of the National Direct-to-Consumer Advertising Survey is to 
collect updated insights on consumer experiences with and attitudes 
towards DTC promotion of prescription drugs. This study will build on 
previous research by recruiting a wider range of respondents, weighting 
the data to make it nationally representative, and ask a wider range of 
questions about DTC promotion, including in online formats.
    We plan to use an address-based mixed-mode methodology that will 
direct one randomly-chosen member of sampled households to complete a 
20-minute online survey, with non-respondents receiving a paper 
questionnaire. The sample will be representative of the U.S. 
population. A sample of U.S. households will be drawn from the U.S. 
Postal Service Computerized Delivery Sequence File. Adults aged 18 or 
over will be eligible for participation. Up to five contacts will be 
sent to respondents by U.S. mail. The contacts will include the URL for 
the online survey and a unique personal identification number (PIN). 
This unique PIN will be used to track completed surveys without the use 
of personally identifying information. The contact method, based on 
recent recommendations (Ref. 3), includes a notification letter (Day 
1), a reminder/thank-you postcard (Day 5), a second letter sent to 
nonresponders (Day 12), a paper version of the survey mailed to 
nonresponders (Day 19), and a reminder postcard sent to nonresponders 
(Day 24).
    Based on previous research (Refs. 4, 5, and 6), we plan to recruit 
using two $1 bills ($2 total per sampled respondent) mailed in advance 
with the initial invitation letter as a gesture to encourage response 
and maintain data quality. Offering a small token of value to 
participants establishes a latent social contract and subsequent 
reciprocity (Ref. 3). In the second contact attempt, we will conduct an 
experiment to test whether a short statement mentioning the previously 
paid incentive increases survey response, thereby testing whether 
social exchange can be extended past the initial contact attempt. Half 
the sample will be provided language that reminds them they received a 
cash incentive in the previous letter; the remaining half will be 
reminded they received a letter but will not be specifically reminded 
about the incentive.
    We estimate a 35 percent response rate, based on recent work on 
similar studies (Ref. 7). Prior to the main study, a pilot study will 
be conducted to test the data collection process. We estimate 35 
respondents will complete the pilot study and 1,765 will complete the 
main study (see table 1).
    The survey contains questions about respondents' knowledge of FDA's 
authority with respect to prescription drug advertising, their exposure 
to DTC advertising, their beliefs and attitudes about DTC advertising, 
and the influence of DTC advertising on further information search and 
patient-physician interactions. At the end of the

[[Page 10259]]

survey, respondents will be randomly assigned to view one of two ads 
for fictional prescription drugs intended to treat high cholesterol. 
They will be asked questions about FDA's authority regarding specific 
claims within the ad. The survey will include a debriefing to inform 
respondents that the advertised drug was fictitious. We will also 
measure other potentially important characteristics such as 
demographics, insurance coverage, and prescription drug use. The survey 
is available upon request.
    We will test for any differences between modes (online versus mail 
survey) and will account for any mode effects in our analyses. We will 
weigh the data to account for different probability of selection and 
nonresponse. We will examine the frequencies for survey items and the 
relation between survey items and demographic and health 
characteristics. We also plan to compare responses between this survey 
and FDA's 2002 survey for repeated items.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
                                                   Pilot Study
----------------------------------------------------------------------------------------------------------------
Survey invitation letter......             100               1             100  .08 (5 min.)....               8
Reminder postcard.............             100               1             100  .03 (2 min.)....               3
Non-response letter...........              82               1              82  .08 (5 min.)....               7
Non-response questionnaire                  81               1              81  .08 (5 min.)....               7
 letter.
Second postcard...............              60               1              60  .03 (2 min.)....               2
Survey........................              35               1              35  .33 (20 min.)...              12
----------------------------------------------------------------------------------------------------------------
                                                   Main Study
----------------------------------------------------------------------------------------------------------------
Survey invitation letter......           5,042               1           5,042  .08 (5 min.)....             403
Reminder postcard.............           5,042               1           5,042  .03 (2 min.)....             151
Non-response letter...........           4,173               1           4,173  .08 (5 min.)....             334
Non-response questionnaire               4,073               1           4,073  .08 (5 min.)....             326
 letter.
Second postcard...............           3,063               1           3,063  .03 (2 min.)....              92
Survey........................           1,765               1           1,765  .33 (20 min.)...             582
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............  ..............  ................            1927
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at http://www.regulations.gov. FDA has 
verified the Web site addresses, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. Aikin, K.J., J.L. Swasy, and A.C. Braman, ``Patient and Physician 
Attitudes and Behaviors Associated With DTC Promotion of 
Prescription Drugs--Summary of FDA Survey Research Results'' (2004). 
(http://www.fda.gov/downloads/Drugs/ScienceResearch/ResearchAreas/DrugMarketingAdvertisingandCommunicationsResearch/ucm152860.pdf).
2. PhRMA Guiding Principles: Direct-to-Consumer Advertisements About 
Prescription Medicines (2008). (http://phrma.org/sites/default/files/pdf/phrmaguidingprinciplesdec08final.pdf).
3. Dillman, D.A., J.D. Smyth, and L.M. Christian, Internet, Phone, 
Mail, and Mixed-Mode Surveys: The Tailored Design Method, 4th ed. 
Hoboken, NJ: John Wiley & Sons, Inc. (2014).
4. American Association for Public Opinion Research, ``Address-based 
Sampling'' (2016). (http://www.aapor.org/AAPOR_Main/media/MainSiteFiles/AAPOR_Report_1_7_16_CLEAN-COPY-FINAL.pdf).
5. Millar, M.M. and D.A. Dillman, ``Improving Response to Web and 
Mixed-Mode Surveys,'' Public Opinion Quarterly 1-21 (2011).
6. Shaw, M.J., T.J. Beebe, H.L. Jensen, and S.A. Adlis, ``The Use of 
Monetary Incentives in a Community Survey: Impact on Response Rates, 
Data Quality, and Cost,'' Health Services Research 35:1339-1346 
(2011).
7. Montaquila, J.M., J.M. Brick, D. Williams, K. Kim, et al., ``A 
Study of Two-Phase Mail Survey Data Collection Methods, Journal of 
Survey Statistics and Methodology 1(1), 66-87 (2013).

    Dated: February 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04220 Filed 2-26-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                          10257

                                                    information about FDA’s posting of                      consistent and meaningful tribal                      public about their experiences with and
                                                    comments to public dockets, see 80 FR                   consultation across FDA Centers and                   attitudes toward direct-to-consumer
                                                    56469, September 18, 2015, or access                    Offices.                                              (DTC) advertising of prescription drugs.
                                                    the information at: http://www.fda.gov/                   FDA is announcing the establishment                 DATES: Submit either electronic or
                                                    regulatoryinformation/dockets/                          of a docket to receive comments on the                written comments on the collection of
                                                    default.htm.                                            draft FDA Tribal Consultation Policy.                 information by April 29, 2016.
                                                       Docket: For access to the docket to                  We invite tribal officials, tribal
                                                    read background documents or the                        organizations, individual tribal                      Electronic Submissions
                                                    electronic and written/paper comments                   members and other interested persons to                 Submit electronic comments in the
                                                    received, go to http://                                 comment on the draft FDA Tribal                       following way:
                                                    www.regulations.gov and insert the                      Consultation Policy. We are interested                  • Federal eRulemaking Portal: http://
                                                    docket number, found in brackets in the                 in any general comments or concerns                   www.regulations.gov. Follow the
                                                    heading of this document, into the                      that would help us improve our policy                 instructions for submitting comments.
                                                    ‘‘Search’’ box and follow the prompts                   as well as suggestions on how can we                  Comments submitted electronically,
                                                    and/or go to the Division of Dockets                    improve our communication and                         including attachments, to http://
                                                    Management, 5630 Fishers Lane, Rm.                      outreach with Indian Tribes. FDA also                 www.regulations.gov will be posted to
                                                    1061, Rockville, MD 20852.                              intends to consult with Indian Tribal                 the docket unchanged. Because your
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            officials on the draft FDA Tribal                     comment will be made public, you are
                                                    Brian Kehoe, Food and Drug                              Consultation Policy and summaries of                  solely responsible for ensuring that your
                                                    Administration, 10903 New Hampshire                     these consultations will be placed in the             comment does not include any
                                                    Ave., Silver Spring, MD 20993, 301–                     docket.                                               confidential information that you or a
                                                    796–8913.                                                                                                     third party may not wish to be posted,
                                                                                                            II. Electronic Access
                                                                                                                                                                  such as medical information, your or
                                                    SUPPLEMENTARY INFORMATION:                                 Persons with access to the Internet                anyone else’s Social Security number, or
                                                    I. Background                                           may obtain the document at either                     confidential business information, such
                                                                                                            http://www.fda.gov/                                   as a manufacturing process. Please note
                                                       Under Executive Order 13175 of                       ForFederalStateandLocalOfficials/                     that if you include your name, contact
                                                    November 6, 2000, executive                             TribalAffairs/default.htm or http://                  information, or other information that
                                                    departments and Agencies are charged                    www.regulations.gov. Use the FDA Web                  identifies you in the body of your
                                                    with engaging in regular and meaningful                 site listed in the previous sentence to               comments, that information will be
                                                    consultation and collaboration with                     find the most current version of the                  posted on http://www.regulations.gov.
                                                    tribal officials in the development of                  document.                                               • If you want to submit a comment
                                                    Federal policies that have tribal                                                                             with confidential information that you
                                                                                                              Dated: February 23, 2016.
                                                    implications and are responsible for                                                                          do not wish to be made available to the
                                                    strengthening the government-to-                        Leslie Kux,
                                                                                                            Associate Commissioner for Policy.                    public, submit the comment as a
                                                    government relationship between the                                                                           written/paper submission and in the
                                                    United States and Indian tribes. The                    [FR Doc. 2016–04276 Filed 2–26–16; 8:45 am]
                                                                                                                                                                  manner detailed (see ‘‘Written/Paper
                                                    Department of Health and Human                          BILLING CODE 4164–01–P
                                                                                                                                                                  Submissions’’ and ‘‘Instructions’’).
                                                    Services (HHS) Tribal Consultation
                                                    Policy, revised on December 14, 2010,                                                                         Written/Paper Submissions
                                                    further clarifies that each HHS                         DEPARTMENT OF HEALTH AND
                                                                                                                                                                     Submit written/paper submissions as
                                                    Operating and Staff Division must have                  HUMAN SERVICES
                                                                                                                                                                  follows:
                                                    an accountable consultation process to
                                                                                                            Food and Drug Administration                             • Mail/Hand delivery/Courier (for
                                                    ensure meaningful and timely input by                                                                         written/paper submissions): Division of
                                                    Tribal officials in the development of                  [Docket No. FDA–2016–N–0544]                          Dockets Management (HFA–305), Food
                                                    policies that have Tribal implications.                                                                       and Drug Administration, 5630 Fishers
                                                    To date, FDA has followed the HHS                       Agency Information Collection                         Lane, Rm. 1061, Rockville, MD 20852.
                                                    Tribal Consultation Policy (available at                Activities; Proposed Collection;                         • For written/paper comments
                                                    http://www.hhs.gov/about/agencies/iea/                  Comment Request; National Direct-to-                  submitted to the Division of Dockets
                                                    tribal-affairs/consultation/index.html).                Consumer Advertising Survey                           Management, FDA will post your
                                                    The draft FDA Tribal Consultation                       AGENCY:    Food and Drug Administration,              comment, as well as any attachments,
                                                    Policy is based on the HHS Tribal                       HHS.                                                  except for information submitted,
                                                    Consultation Policy and includes                        ACTION:   Notice.                                     marked and identified, as confidential,
                                                    Agency-specific consultation guidelines                                                                       if submitted as detailed in
                                                    that complement the Department-wide                     SUMMARY:   The Food and Drug                          ‘‘Instructions.’’
                                                    efforts.                                                Administration (FDA) is announcing an                    Instructions: All submissions received
                                                       The purpose of the draft FDA Tribal                  opportunity for public comment on the                 must include the Docket No. FDA–
                                                    Consultation Policy, when finalized, is                 proposed collection of certain                        2016–N–0544 for ‘‘Agency Information
                                                    to establish clear policies to further the              information by the Agency. Under the                  Collection Activities; Proposed
                                                    government-to-government relationship                   Paperwork Reduction Act of 1995 (the                  Collection; Comment Request; National
                                                    between FDA and Indian Tribes and                       PRA), Federal Agencies are required to                Direct-to-Consumer Advertising
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    facilitate tribal consultation with FDA.                publish notice in the Federal Register                Survey.’’ Received comments will be
                                                    The draft policy provides background                    concerning each proposed collection of                placed in the docket and, except for
                                                    on FDA’s mission and organizational                     information and to allow 60 days for                  those submitted as ‘‘Confidential
                                                    structure and sets out principles and                   public comment in response to the                     Submissions,’’ publicly viewable at
                                                    guidelines for the tribal consultation                  notice. This notice solicits comments on              http://www.regulations.gov or at the
                                                    process. FDA intends for its Tribal                     research entitled, ‘‘National Direct-to-              Division of Dockets Management
                                                    Consultation Policy to serve as a                       Consumer Advertising Survey.’’ The                    between 9 a.m. and 4 p.m., Monday
                                                    platform for the Agency to create                       objective of this research is to survey the           through Friday.


                                               VerDate Sep<11>2014   19:23 Feb 26, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\29FEN1.SGM   29FEN1


                                                    10258                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                       • Confidential Submissions—To                        Agencies to provide a 60-day notice in                   We plan to use an address-based
                                                    submit a comment with confidential                      the Federal Register concerning each                  mixed-mode methodology that will
                                                    information that you do not wish to be                  proposed collection of information                    direct one randomly-chosen member of
                                                    made publicly available, submit your                    before submitting the collection to OMB               sampled households to complete a 20-
                                                    comments only as a written/paper                        for approval. To comply with this                     minute online survey, with non-
                                                    submission. You should submit two                       requirement, FDA is publishing notice                 respondents receiving a paper
                                                    copies total. One copy will include the                 of the proposed collection of                         questionnaire. The sample will be
                                                    information you claim to be confidential                information set forth in this document.               representative of the U.S. population. A
                                                    with a heading or cover note that states                   With respect to the following                      sample of U.S. households will be
                                                    ‘‘THIS DOCUMENT CONTAINS                                collection of information, FDA invites                drawn from the U.S. Postal Service
                                                    CONFIDENTIAL INFORMATION.’’ The                         comments on these topics: (1) Whether                 Computerized Delivery Sequence File.
                                                    Agency will review this copy, including                 the proposed collection of information                Adults aged 18 or over will be eligible
                                                    the claimed confidential information, in                is necessary for the proper performance               for participation. Up to five contacts
                                                    its consideration of comments. The                      of FDA’s functions, including whether                 will be sent to respondents by U.S. mail.
                                                    second copy, which will have the                        the information will have practical                   The contacts will include the URL for
                                                    claimed confidential information                        utility; (2) the accuracy of FDA’s                    the online survey and a unique personal
                                                    redacted/blacked out, will be available                 estimate of the burden of the proposed                identification number (PIN). This
                                                    for public viewing and posted on                        collection of information, including the              unique PIN will be used to track
                                                    http://www.regulations.gov. Submit                                                                            completed surveys without the use of
                                                                                                            validity of the methodology and
                                                    both copies to the Division of Dockets                                                                        personally identifying information. The
                                                                                                            assumptions used; (3) ways to enhance
                                                    Management. If you do not wish your                                                                           contact method, based on recent
                                                                                                            the quality, utility, and clarity of the
                                                    name and contact information to be                                                                            recommendations (Ref. 3), includes a
                                                                                                            information to be collected; and (4)
                                                    made publicly available, you can                                                                              notification letter (Day 1), a reminder/
                                                                                                            ways to minimize the burden of the
                                                    provide this information on the cover                                                                         thank-you postcard (Day 5), a second
                                                                                                            collection of information on
                                                    sheet and not in the body of your                                                                             letter sent to nonresponders (Day 12), a
                                                                                                            respondents, including through the use
                                                    comments and you must identify this                                                                           paper version of the survey mailed to
                                                                                                            of automated collection techniques,
                                                    information as ‘‘confidential.’’ Any                                                                          nonresponders (Day 19), and a reminder
                                                                                                            when appropriate, and other forms of
                                                    information marked as ‘‘confidential’’                                                                        postcard sent to nonresponders (Day
                                                                                                            information technology.                               24).
                                                    will not be disclosed except in
                                                    accordance with 21 CFR 10.20 and other                  National Direct-to-Consumer                              Based on previous research (Refs. 4, 5,
                                                    applicable disclosure law. For more                     Advertising Survey                                    and 6), we plan to recruit using two $1
                                                    information about FDA’s posting of                                                                            bills ($2 total per sampled respondent)
                                                                                                            OMB Control Number 0910—NEW                           mailed in advance with the initial
                                                    comments to public dockets, see 80 FR
                                                    56469, September 18, 2015, or access                       Section 1701(a)(4) of the Public                   invitation letter as a gesture to
                                                    the information at: http://www.fda.gov/                 Health Service Act (42 U.S.C.                         encourage response and maintain data
                                                    regulatoryinformation/dockets/                          300u(a)(4)) authorizes FDA to conduct                 quality. Offering a small token of value
                                                    default.htm.                                            research relating to health information.              to participants establishes a latent social
                                                       Docket: For access to the docket to                  Section 1003(d)(2)(C) of the Federal                  contract and subsequent reciprocity
                                                    read background documents or the                        Food, Drug, and Cosmetic Act (the                     (Ref. 3). In the second contact attempt,
                                                    electronic and written/paper comments                   FD&C Act) (21 U.S.C. 393(d)(2)(c))                    we will conduct an experiment to test
                                                    received, go to http://                                 authorizes FDA to conduct research                    whether a short statement mentioning
                                                    www.regulations.gov and insert the                      relating to drugs and other FDA                       the previously paid incentive increases
                                                    docket number, found in brackets in the                 regulated products in carrying out the                survey response, thereby testing
                                                    heading of this document, into the                      provisions of the FD&C Act.                           whether social exchange can be
                                                    ‘‘Search’’ box and follow the prompts                                                                         extended past the initial contact
                                                                                                               FDA last surveyed patients about their             attempt. Half the sample will be
                                                    and/or go to the Division of Dockets                    experiences with and attitudes toward
                                                    Management, 5630 Fishers Lane, Rm.                                                                            provided language that reminds them
                                                                                                            DTC advertising in 2002 (Ref. 1).                     they received a cash incentive in the
                                                    1061, Rockville, MD 20852.                              Numerous changes have affected the
                                                    FOR FURTHER INFORMATION CONTACT: FDA
                                                                                                                                                                  previous letter; the remaining half will
                                                                                                            DTC landscape since 2002, including                   be reminded they received a letter but
                                                    PRA Staff, Office of Operations, Food                   declines in print readership, the rise in             will not be specifically reminded about
                                                    and Drug Administration, 8455                           online prescription drug promotion, and               the incentive.
                                                    Colesville Rd., COLE–14526, Silver                      self-imposed industry guidelines for                     We estimate a 35 percent response
                                                    Spring, MD 20993–0002, PRAStaff@                        DTC advertising (Ref. 2). These changes               rate, based on recent work on similar
                                                    fda.hhs.gov.                                            may have affected consumers’ exposure                 studies (Ref. 7). Prior to the main study,
                                                    SUPPLEMENTARY INFORMATION: Under the                    to different kinds of DTC advertising                 a pilot study will be conducted to test
                                                    PRA (44 U.S.C. 3501–3520), Federal                      and its influence on their attitudes and              the data collection process. We estimate
                                                    Agencies must obtain approval from the                  behaviors. The purpose of the National                35 respondents will complete the pilot
                                                    Office of Management and Budget                         Direct-to-Consumer Advertising Survey                 study and 1,765 will complete the main
                                                    (OMB) for each collection of                            is to collect updated insights on                     study (see table 1).
                                                    information they conduct or sponsor.                    consumer experiences with and                            The survey contains questions about
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                                                    ‘‘Collection of information’’ is defined                attitudes towards DTC promotion of                    respondents’ knowledge of FDA’s
                                                    in 44 U.S.C. 3502(3) and 5 CFR                          prescription drugs. This study will                   authority with respect to prescription
                                                    1320.3(c) and includes Agency requests                  build on previous research by recruiting              drug advertising, their exposure to DTC
                                                    or requirements that members of the                     a wider range of respondents, weighting               advertising, their beliefs and attitudes
                                                    public submit reports, keep records, or                 the data to make it nationally                        about DTC advertising, and the
                                                    provide information to a third party.                   representative, and ask a wider range of              influence of DTC advertising on further
                                                    Section 3506(c)(2)(A) of the PRA (44                    questions about DTC promotion,                        information search and patient-
                                                    U.S.C. 3506(c)(2)(A)) requires Federal                  including in online formats.                          physician interactions. At the end of the


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                                                                                          Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                                                                                  10259

                                                    survey, respondents will be randomly                                         characteristics such as demographics,                                         nonresponse. We will examine the
                                                    assigned to view one of two ads for                                          insurance coverage, and prescription                                          frequencies for survey items and the
                                                    fictional prescription drugs intended to                                     drug use. The survey is available upon                                        relation between survey items and
                                                    treat high cholesterol. They will be                                         request.                                                                      demographic and health characteristics.
                                                    asked questions about FDA’s authority                                           We will test for any differences                                           We also plan to compare responses
                                                    regarding specific claims within the ad.                                     between modes (online versus mail                                             between this survey and FDA’s 2002
                                                    The survey will include a debriefing to                                      survey) and will account for any mode                                         survey for repeated items.
                                                    inform respondents that the advertised                                       effects in our analyses. We will weigh
                                                    drug was fictitious. We will also                                            the data to account for different                                                FDA estimates the burden of this
                                                    measure other potentially important                                          probability of selection and                                                  collection of information as follows:

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

                                                                                                                                                              Pilot Study

                                                    Survey invitation letter ..........................................                             100                             1                        100      .08   (5 min.) ....................                  8
                                                    Reminder postcard ...............................................                               100                             1                        100      .03   (2 min.) ....................                  3
                                                    Non-response letter ..............................................                               82                             1                         82      .08   (5 min.) ....................                  7
                                                    Non-response questionnaire letter .......................                                        81                             1                         81      .08   (5 min.) ....................                  7
                                                    Second postcard ..................................................                               60                             1                         60      .03   (2 min.) ....................                  2
                                                    Survey ..................................................................                        35                             1                         35      .33   (20 min.) ..................                  12

                                                                                                                                                              Main Study

                                                    Survey invitation letter ..........................................                           5,042                             1                    5,042        .08   (5 min.) ....................                403
                                                    Reminder postcard ...............................................                             5,042                             1                    5,042        .03   (2 min.) ....................                151
                                                    Non-response letter ..............................................                            4,173                             1                    4,173        .08   (5 min.) ....................                334
                                                    Non-response questionnaire letter .......................                                     4,073                             1                    4,073        .08   (5 min.) ....................                326
                                                    Second postcard ..................................................                            3,063                             1                    3,063        .03   (2 min.) ....................                 92
                                                    Survey ..................................................................                     1,765                             1                    1,765        .33   (20 min.) ..................                 582

                                                          Total ..............................................................     ........................    ........................    ........................   .......................................          1927
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    References                                                                   4. American Association for Public Opinion                                    DEPARTMENT OF HEALTH AND
                                                                                                                                     Research, ‘‘Address-based Sampling’’                                      HUMAN SERVICES
                                                      The following references are on                                                (2016). (http://www.aapor.org/AAPOR_
                                                    display in the Division of Dockets                                               Main/media/MainSiteFiles/AAPOR_                                           Food and Drug Administration
                                                    Management (see ADDRESSES) and are                                               Report_1_7_16_CLEAN–COPY–
                                                    available for viewing by interested                                              FINAL.pdf).                                                               [Docket No. FDA–2016–N–0001]
                                                    persons between 9 a.m. and 4 p.m.,                                           5. Millar, M.M. and D.A. Dillman,
                                                    Monday through Friday; they are also                                             ‘‘Improving Response to Web and Mixed-                                    Medical Devices—Quality Systems
                                                    available electronically at http://                                              Mode Surveys,’’ Public Opinion                                            Survival: Success Strategies for
                                                    www.regulations.gov. FDA has verified                                            Quarterly 1–21 (2011).                                                    Production and Process Controls/
                                                    the Web site addresses, as of the date                                       6. Shaw, M.J., T.J. Beebe, H.L. Jensen, and                                   Corrective and Preventative Action;
                                                    this document publishes in the Federal                                           S.A. Adlis, ‘‘The Use of Monetary                                         Public Workshop
                                                    Register, but Web sites are subject to                                           Incentives in a Community Survey:
                                                                                                                                                                                                               AGENCY:        Food and Drug Administration,
                                                    change over time.                                                                Impact on Response Rates, Data Quality,
                                                                                                                                                                                                               HHS.
                                                    1. Aikin, K.J., J.L. Swasy, and A.C. Braman,                                     and Cost,’’ Health Services Research
                                                                                                                                     35:1339–1346 (2011).                                                      ACTION:      Notice of public workshop.
                                                         ‘‘Patient and Physician Attitudes and
                                                         Behaviors Associated With DTC                                           7. Montaquila, J.M., J.M. Brick, D. Williams,
                                                                                                                                                                                                               SUMMARY:   The Food and Drug
                                                         Promotion of Prescription Drugs—                                            K. Kim, et al., ‘‘A Study of Two-Phase
                                                                                                                                                                                                               Administration (FDA), Office of
                                                         Summary of FDA Survey Research                                              Mail Survey Data Collection Methods,
                                                         Results’’ (2004). (http://www.fda.gov/
                                                                                                                                                                                                               Regulatory Affairs, Southwest Regional
                                                                                                                                     Journal of Survey Statistics and
                                                         downloads/Drugs/ScienceResearch/                                                                                                                      Office, in co-sponsorship with the FDA
                                                                                                                                     Methodology 1(1), 66–87 (2013).
                                                         ResearchAreas/DrugMarketing                                                                                                                           Medical Device Industry Coalition, Inc.
                                                         AdvertisingandCommunications                                              Dated: February 23, 2016.                                                   (FMDIC), is announcing a public
                                                         Research/ucm152860.pdf).                                                Leslie Kux,                                                                   workshop entitled ‘‘Medical Devices—
                                                    2. PhRMA Guiding Principles: Direct-to-                                                                                                                    Quality Systems Survival: Success
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                 Associate Commissioner for Policy.
                                                         Consumer Advertisements About                                                                                                                         Strategies for Production and Process
                                                                                                                                 [FR Doc. 2016–04220 Filed 2–26–16; 8:45 am]
                                                         Prescription Medicines (2008). (http://                                                                                                               Controls/Corrective and Preventative
                                                         phrma.org/sites/default/files/pdf/phrma                                 BILLING CODE 4164–01–P
                                                                                                                                                                                                               Action’’. The public workshop is
                                                         guidingprinciplesdec08final.pdf).
                                                    3. Dillman, D.A., J.D. Smyth, and L.M.
                                                                                                                                                                                                               intended to seek input from
                                                         Christian, Internet, Phone, Mail, and                                                                                                                 representatives of medical device
                                                         Mixed-Mode Surveys: The Tailored                                                                                                                      manufacturers and other stakeholders,
                                                         Design Method, 4th ed. Hoboken, NJ:                                                                                                                   on best practices, what has worked for
                                                         John Wiley & Sons, Inc. (2014).                                                                                                                       them and what FDA can do to inspire


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Document Created: 2016-02-27 02:05:11
Document Modified: 2016-02-27 02:05:11
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.
DatesSubmit either electronic or written comments on the collection of information by April 29, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation81 FR 10257 

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