81_FR_9002 81 FR 8967 - Waterpipes and Waterpipe Tobacco; Public Workshop; Establishment of a Public Docket

81 FR 8967 - Waterpipes and Waterpipe Tobacco; Public Workshop; Establishment of a Public Docket

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8967-8969
FR Document2016-03712

The Food and Drug Administration (FDA), Center for Tobacco Products (CTP), is announcing a public workshop to gather scientific information on waterpipes and waterpipe tobacco and to identify areas of research that may inform CTP's regulation of these tobacco products. The workshop will include presentations and panel discussions about the current state of the science, and will focus on product use and design, smoke constituents, environmental impacts, and the impact of marketing these products on population health, including on both users and nonusers. FDA is also opening a public docket to receive data, information, and comments on this topic.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8967-8969]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03712]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0173]


Waterpipes and Waterpipe Tobacco; Public Workshop; Establishment 
of a Public Docket

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop; establishment of docket; request for 
comments.

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

SUMMARY: The Food and Drug Administration (FDA), Center for Tobacco 
Products (CTP), is announcing a public workshop to gather scientific 
information on waterpipes and waterpipe tobacco and to identify areas 
of research that may inform CTP's regulation of these tobacco products. 
The workshop will include presentations and panel discussions about the 
current state of the science, and will focus on product use and design, 
smoke constituents, environmental impacts, and the impact of marketing 
these products on population health, including on both users and 
nonusers. FDA is also opening a public docket to receive data, 
information, and comments on this topic.

DATES: The public workshop will be held on March 17, 2016, from 8:30 
a.m. to 5 p.m. and on March 18, 2016, from 8:30 a.m. to 4 p.m. 
Individuals who wish to attend the public workshop must register by 
February 25, 2016. Submit written or electronic comments to Docket No. 
FDA-2016-N-0173 by April 29, 2016.

ADDRESSES: The public workshop will be held at the FDA White Oak 
Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great 
Room (Rm. 1503A), Silver Spring, MD 20993. Entrance for the public 
workshop participants (non-FDA employees) is

[[Page 8968]]

through Building 1 where routine security check procedures will be 
performed. For parking, transportation, security, and information 
regarding special accommodations due to a disability, please refer to 
http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows:

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-0173 for ``Waterpipes and Waterpipe Tobacco; Public 
Workshop; Establishment of a Public Docket.'' 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.
     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: Caryn Cohen, Office of Science, Center 
for Tobacco Products, Food and Drug Administration, Document Control 
Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 
20993-0002, 1-877-287-1373, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public workshop to gather scientific 
information and stimulate discussion among scientists about waterpipes 
and waterpipe tobacco. The workshop will focus on waterpipe tobacco 
product toxic emissions and exposure to harmful and potentially harmful 
constituents including: Second hand exposure, design and environmental 
concerns, prevalence, perception, use pattern, addiction, individual 
and population health. FDA is interested in gathering scientific 
information from individuals with a broad range of backgrounds on the 
scientific topics to be discussed at the workshop. Information related 
to workshop presentations and discussion topics, including specific 
questions to be addressed at the workshop, can be found at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm.

II. Registration To Attend the Workshop

    If you wish to attend the workshop in person or by Webcast, you 
must register by submitting either an electronic or written request no 
later than February 25, 2016. Please submit electronic requests at 
https://www.surveymonkey.com/r/Waterpipes2016. Persons without Internet 
access may send written requests for registration to Caryn Cohen (see 
FOR FURTHER INFORMATION CONTACT). Requests for registration must 
include the prospective attendee's name, title, affiliation, address, 
email address if available, and telephone number. Registration is free 
and you may register to either attend in-person or view the live 
Webcast. Both seating and viewership are limited, so early registration 
is recommended. FDA may limit the number of registrants from a single 
organization, as well as the total number of participants, if 
registration reaches full capacity. For those registrants with Internet 
access, confirmation of registration will be emailed to you no later 
March 1, 2016. Onsite registration may be allowed if space is 
available. If registration reaches maximum capacity, FDA will post a 
notice closing registration at http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm. If you need special accommodations due to a 
disability, please contact Caryn Cohen (see FOR FURTHER INFORMATION 
CONTACT) no later than March 10, 2016.

III. Oral Presentations by Members of the Public

    This workshop includes a public comment session. Persons wishing to 
present during the public comment session must make this request at the 
time of registration and should identify the topic they wish to address 
from among those topics under consideration.

[[Page 8969]]

FDA will do its best to accommodate requests to present. FDA urges 
individuals and organizations with common interests to consolidate or 
coordinate their comments, and request a single time for a joint 
presentation. For those requesters with Internet access, Caryn Cohen 
(see FOR FURTHER INFORMATION CONTACT) will email you regarding your 
request to speak by March 1, 2016.

IV. Transcripts

    Please be advised that as soon as a transcript is available, it 
will be accessible at http://www.regulations.gov. It may be viewed at 
the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. A 
transcript will also be available in either hardcopy or on CD-ROM, 
after submission of a Freedom of Information request. The Freedom of 
Information office address is available on the Agency's Web site at 
http://www.fda.gov. It will also be available after the workshop at 
http://www.fda.gov/TobaccoProducts/NewsEvents/ucm238308.htm as soon as 
the official transcript is finalized.

    Dated: February 18, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-03712 Filed 2-22-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                                  8967

                                                  marked and identified, as confidential,                 information on electronic access to the               of ‘‘Design Considerations and Pre-
                                                  if submitted as detailed in                             guidance. Submit written requests for a               market Submission Recommendations
                                                  ‘‘Instructions.’’                                       single hard copy of the draft guidance                for Interoperable Medical Devices’’ may
                                                     Instructions: All submissions received               document entitled ‘‘Design                            send an email request to CDRH-
                                                  must include the Docket No. FDA–                        Considerations and Pre-market                         Guidance@fda.hhs.gov to receive an
                                                  2015–D–4852 for ‘‘Design                                Submission Recommendations for                        electronic copy of the document. Please
                                                  Considerations and Pre-market                           Interoperable Medical Devices’’ to the                use the document number 1500015 to
                                                  Submission Recommendations for                          Office of the Center Director, Guidance               identify the guidance you are
                                                  Interoperable Medical Devices.’’                        and Policy Development, Center for                    requesting.
                                                  Received comments will be placed in                     Devices and Radiological Health, Food                   Dated: February 18, 2016.
                                                  the docket and, except for those                        and Drug Administration, 10903 New                    Leslie Kux,
                                                  submitted as ‘‘Confidential                             Hampshire Ave., Bldg. 66, Rm. 5431,
                                                  Submissions,’’ publicly viewable at                                                                           Associate Commissioner for Policy.
                                                                                                          Silver Spring, MD 20993–0002; or the
                                                  http://www.regulations.gov or at the                                                                          [FR Doc. 2016–03696 Filed 2–22–16; 8:45 am]
                                                                                                          Office of Communication, Outreach, and
                                                  Division of Dockets Management                          Development, Center for Biologics                     BILLING CODE 4164–01–P
                                                  between 9 a.m. and 4 p.m., Monday                       Evaluation and Research, Food and
                                                  through Friday.                                         Drug Administration, 10903 New
                                                     • Confidential Submissions—To                        Hampshire Ave., Bldg. 71, Rm. 3128,
                                                                                                                                                                DEPARTMENT OF HEALTH AND
                                                  submit a comment with confidential                                                                            HUMAN SERVICES
                                                                                                          Silver Spring, MD 20993–0002. Send
                                                  information that you do not wish to be                  one self-addressed adhesive label to
                                                  made publicly available, submit your                                                                          Food and Drug Administration
                                                                                                          assist that office in processing your
                                                  comments only as a written/paper                        request.                                              [Docket No. FDA–2016–N–0173]
                                                  submission. You should submit two
                                                  copies total. One copy will include the                 FOR FURTHER INFORMATION CONTACT:                      Waterpipes and Waterpipe Tobacco;
                                                  information you claim to be confidential                Heather Agler, Center for Devices and                 Public Workshop; Establishment of a
                                                  with a heading or cover note that states                Radiological Health, Food and Drug                    Public Docket
                                                  ‘‘THIS DOCUMENT CONTAINS                                Administration, 10903 New Hampshire
                                                                                                          Ave., Bldg. 66, Rm. 5570, Silver Spring,              AGENCY:    Food and Drug Administration,
                                                  CONFIDENTIAL INFORMATION.’’ The                                                                               HHS.
                                                  Agency will review this copy, including                 MD 20993–0002, 301–796–6340; or
                                                  the claimed confidential information, in                Stephen Ripley, Center for Biologics                  ACTION: Notice of public workshop;
                                                  its consideration of comments. The                      Evaluation and Research, Food and                     establishment of docket; request for
                                                  second copy, which will have the                        Drug Administration, 10903 New                        comments.
                                                  claimed confidential information                        Hampshire Ave., Bldg. 71, Rm. 7301,                   SUMMARY:   The Food and Drug
                                                  redacted/blacked out, will be available                 Silver Spring, MD 20993–0002, 240–                    Administration (FDA), Center for
                                                  for public viewing and posted on                        402–7911.                                             Tobacco Products (CTP), is announcing
                                                  http://www.regulations.gov. Submit                      SUPPLEMENTARY INFORMATION:                            a public workshop to gather scientific
                                                  both copies to the Division of Dockets                                                                        information on waterpipes and
                                                                                                          I. Background
                                                  Management. If you do not wish your                                                                           waterpipe tobacco and to identify areas
                                                  name and contact information to be                         In the Federal Register of January 26,             of research that may inform CTP’s
                                                  made publicly available, you can                        2016 (81 FR 4303), FDA published a                    regulation of these tobacco products.
                                                  provide this information on the cover                   notice announcing the availability of a               The workshop will include
                                                  sheet and not in the body of your                       draft guidance entitled ‘‘Design                      presentations and panel discussions
                                                  comments and you must identify this                     Considerations and Premarket                          about the current state of the science,
                                                  information as ‘‘confidential.’’ Any                    Submission Recommendations for                        and will focus on product use and
                                                  information marked as ‘‘confidential’’                  Interoperable Medical Devices’’ with a                design, smoke constituents,
                                                  will not be disclosed except in                         60-day comment period to request                      environmental impacts, and the impact
                                                  accordance with 21 CFR 10.20 and other                  comments. FDA is extending the                        of marketing these products on
                                                  applicable disclosure law. For more                     comment period for the draft guidance                 population health, including on both
                                                  information about FDA’s posting of                      for 30 days, until April 28, 2016. The                users and nonusers. FDA is also opening
                                                  comments to public dockets, see 80 FR                   Agency believes that a 30-day extension               a public docket to receive data,
                                                  56469, September 18, 2015, or access                    will allow adequate time for interested               information, and comments on this
                                                  the information at: http://www.fda.gov/                 persons to submit comments.                           topic.
                                                  regulatoryinformation/dockets/
                                                                                                          II. Electronic Access                                 DATES: The public workshop will be
                                                  default.htm.
                                                     Docket: For access to the docket to                     Persons interested in obtaining a copy             held on March 17, 2016, from 8:30 a.m.
                                                  read background documents or the                        of the draft guidance may do so by                    to 5 p.m. and on March 18, 2016, from
                                                  electronic and written/paper comments                   downloading an electronic copy from                   8:30 a.m. to 4 p.m. Individuals who
                                                  received, go to http://                                 the Internet. A search capability for all             wish to attend the public workshop
                                                  www.regulations.gov and insert the                      Center for Devices and Radiological                   must register by February 25, 2016.
                                                  docket number, found in brackets in the                 Health guidance documents is available                Submit written or electronic comments
                                                  heading of this document, into the                      at http://www.fda.gov/MedicalDevices/                 to Docket No. FDA–2016–N–0173 by
                                                                                                                                                                April 29, 2016.
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                                                  ‘‘Search’’ box and follow the prompts                   DeviceRegulationandGuidance/
                                                  and/or go to the Division of Dockets                    GuidanceDocuments/default.htm.                        ADDRESSES: The public workshop will
                                                  Management, 5630 Fishers Lane, Rm.                      Guidance documents are also available                 be held at the FDA White Oak Campus,
                                                  1061, Rockville, MD 20852.                              at http://www.fda.gov/BiologicsBlood                  10903 New Hampshire Ave., Bldg. 31
                                                     An electronic copy of the guidance                   Vaccines/GuidanceCompliance                           Conference Center, the Great Room (Rm.
                                                  document is available for download                      RegulatoryInformation/default.htm or                  1503A), Silver Spring, MD 20993.
                                                  from the Internet. See the                              http://www.regulations.gov. Persons                   Entrance for the public workshop
                                                  SUPPLEMENTARY INFORMATION section for                   unable to download an electronic copy                 participants (non-FDA employees) is


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                                                  8968                        Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices

                                                  through Building 1 where routine                        Submissions,’’ publicly viewable at                   waterpipe tobacco. The workshop will
                                                  security check procedures will be                       http://www.regulations.gov or at the                  focus on waterpipe tobacco product
                                                  performed. For parking, transportation,                 Division of Dockets Management                        toxic emissions and exposure to harmful
                                                  security, and information regarding                     between 9 a.m. and 4 p.m., Monday                     and potentially harmful constituents
                                                  special accommodations due to a                         through Friday.                                       including: Second hand exposure,
                                                  disability, please refer to http://                        • Confidential Submissions—To                      design and environmental concerns,
                                                  www.fda.gov/AboutFDA/                                   submit a comment with confidential                    prevalence, perception, use pattern,
                                                  WorkingatFDA/BuildingsandFacilities/                    information that you do not wish to be                addiction, individual and population
                                                  WhiteOakCampusInformation/                              made publicly available, submit your                  health. FDA is interested in gathering
                                                  ucm241740.htm.                                          comments only as a written/paper                      scientific information from individuals
                                                    You may submit comments as                            submission. You should submit two                     with a broad range of backgrounds on
                                                  follows:                                                copies total. One copy will include the               the scientific topics to be discussed at
                                                                                                          information you claim to be confidential              the workshop. Information related to
                                                  Electronic Submissions
                                                                                                          with a heading or cover note that states              workshop presentations and discussion
                                                    Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                              topics, including specific questions to
                                                  following way:                                          CONFIDENTIAL INFORMATION.’’ The                       be addressed at the workshop, can be
                                                    • Federal eRulemaking Portal: http://                 Agency will review this copy, including               found at http://www.fda.gov/
                                                  www.regulations.gov. Follow the                         the claimed confidential information, in              TobaccoProducts/NewsEvents/
                                                  instructions for submitting comments.                   its consideration of comments. The                    ucm238308.htm.
                                                  Comments submitted electronically,                      second copy, which will have the
                                                  including attachments, to http://                                                                             II. Registration To Attend the
                                                                                                          claimed confidential information                      Workshop
                                                  www.regulations.gov will be posted to                   redacted/blacked out, will be available
                                                  the docket unchanged. Because your                      for public viewing and posted on http:                   If you wish to attend the workshop in
                                                  comment will be made public, you are                    //www.regulations.gov. Submit both                    person or by Webcast, you must register
                                                  solely responsible for ensuring that your               copies to the Division of Dockets                     by submitting either an electronic or
                                                  comment does not include any                            Management. If you do not wish your                   written request no later than February
                                                  confidential information that you or a                  name and contact information to be                    25, 2016. Please submit electronic
                                                  third party may not wish to be posted,                  made publicly available, you can                      requests at https://
                                                  such as medical information, your or                    provide this information on the cover                 www.surveymonkey.com/r/
                                                  anyone else’s Social Security number, or                sheet and not in the body of your                     Waterpipes2016. Persons without
                                                  confidential business information, such                 comments and you must identify this                   Internet access may send written
                                                  as a manufacturing process. Please note                                                                       requests for registration to Caryn Cohen
                                                                                                          information as ‘‘confidential.’’ Any
                                                  that if you include your name, contact                                                                        (see FOR FURTHER INFORMATION CONTACT).
                                                                                                          information marked as ‘‘confidential’’
                                                  information, or other information that                                                                        Requests for registration must include
                                                                                                          will not be disclosed except in
                                                  identifies you in the body of your                                                                            the prospective attendee’s name, title,
                                                                                                          accordance with 21 CFR 10.20 and other
                                                  comments, that information will be                                                                            affiliation, address, email address if
                                                                                                          applicable disclosure law. For more
                                                  posted on http://www.regulations.gov.                                                                         available, and telephone number.
                                                                                                          information about FDA’s posting of
                                                    • If you want to submit a comment                     comments to public dockets, see 80 FR
                                                                                                                                                                Registration is free and you may register
                                                  with confidential information that you                                                                        to either attend in-person or view the
                                                                                                          56469, September 18, 2015, or access
                                                  do not wish to be made available to the                                                                       live Webcast. Both seating and
                                                                                                          the information at: http://www.fda.gov/
                                                  public, submit the comment as a                                                                               viewership are limited, so early
                                                                                                          regulatoryinformation/dockets/
                                                  written/paper submission and in the                                                                           registration is recommended. FDA may
                                                                                                          default.htm.                                          limit the number of registrants from a
                                                  manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to
                                                  Submissions’’ and ‘‘Instructions’’).                                                                          single organization, as well as the total
                                                                                                          read background documents or the
                                                                                                                                                                number of participants, if registration
                                                  Written/Paper Submissions                               electronic and written/paper comments
                                                                                                                                                                reaches full capacity. For those
                                                                                                          received, go to http://
                                                     Submit written/paper submissions as                                                                        registrants with Internet access,
                                                                                                          www.regulations.gov and insert the
                                                  follows:                                                                                                      confirmation of registration will be
                                                     • Mail/Hand delivery/Courier (for                    docket number, found in brackets in the
                                                                                                                                                                emailed to you no later March 1, 2016.
                                                  written/paper submissions): Division of                 heading of this document, into the
                                                                                                                                                                Onsite registration may be allowed if
                                                  Dockets Management (HFA–305), Food                      ‘‘Search’’ box and follow the prompts
                                                                                                                                                                space is available. If registration reaches
                                                  and Drug Administration, 5630 Fishers                   and/or go to the Division of Dockets
                                                                                                                                                                maximum capacity, FDA will post a
                                                  Lane, Rm. 1061, Rockville, MD 20852.                    Management, 5630 Fishers Lane, Rm.
                                                                                                                                                                notice closing registration at http://
                                                     • For written/paper comments                         1061, Rockville, MD 20852.
                                                                                                                                                                www.fda.gov/TobaccoProducts/
                                                  submitted to the Division of Dockets                    FOR FURTHER INFORMATION CONTACT:                      NewsEvents/ucm238308.htm. If you
                                                  Management, FDA will post your                          Caryn Cohen, Office of Science, Center                need special accommodations due to a
                                                  comment, as well as any attachments,                    for Tobacco Products, Food and Drug                   disability, please contact Caryn Cohen
                                                  except for information submitted,                       Administration, Document Control                      (see FOR FURTHER INFORMATION CONTACT)
                                                  marked and identified, as confidential,                 Center, Bldg. 71, Rm. G335, 10903 New                 no later than March 10, 2016.
                                                  if submitted as detailed in                             Hampshire Ave., Silver Spring, MD
                                                  ‘‘Instructions.’’                                       20993–0002, 1–877–287–1373,                           III. Oral Presentations by Members of
                                                                                                          workshop.CTPOS@fda.hhs.gov.                           the Public
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                                                     Instructions: All submissions received
                                                  must include the Docket No. FDA–                        SUPPLEMENTARY INFORMATION:                               This workshop includes a public
                                                  2016–N–0173 for ‘‘Waterpipes and                                                                              comment session. Persons wishing to
                                                  Waterpipe Tobacco; Public Workshop;                     I. Background                                         present during the public comment
                                                  Establishment of a Public Docket.’’                       FDA is announcing a public                          session must make this request at the
                                                  Received comments will be placed in                     workshop to gather scientific                         time of registration and should identify
                                                  the docket and, except for those                        information and stimulate discussion                  the topic they wish to address from
                                                  submitted as ‘‘Confidential                             among scientists about waterpipes and                 among those topics under consideration.


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                                                                              Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices                                             8969

                                                  FDA will do its best to accommodate                     777–2705, or by email at                              regulations at 42 CFR part 405 subparts
                                                  requests to present. FDA urges                          amanda.axeen@hhs.gov.                                 I and J; part 417, subpart Q; part 422,
                                                  individuals and organizations with                      SUPPLEMENTARY INFORMATION:                            subpart M; part 423, subparts M and U;
                                                  common interests to consolidate or                                                                            and part 478, subpart B. As noted above,
                                                  coordinate their comments, and request                  I. Background                                         OMHA administers the nationwide
                                                  a single time for a joint presentation. For                The Office of Medicare Hearings and                Administrative Law Judge hearing
                                                  those requesters with Internet access,                  Appeals (OMHA), a staff division within               program in accordance with these
                                                  Caryn Cohen (see FOR FURTHER                            the Office of the Secretary of the U.S.               statutes and applicable regulations. As
                                                  INFORMATION CONTACT) will email you                     Department of Health and Human                        part of that effort, OMHA is establishing
                                                  regarding your request to speak by                      Services (HHS), administers the                       a manual, the OMHA Case Processing
                                                  March 1, 2016.                                          nationwide Administrative Law Judge                   Manual (OCPM). Through the OCPM,
                                                                                                          hearing program for Medicare claim,                   the OMHA Chief Administrative Law
                                                  IV. Transcripts                                         organization and coverage                             Judge establishes the day-to-day
                                                     Please be advised that as soon as a                  determination, and entitlement appeals                procedures for carrying out adjudicative
                                                  transcript is available, it will be                     under sections 1869, 1155,                            functions, in accordance with
                                                  accessible at http://                                   1876(c)(5)(B), 1852(g)(5), and 1860D–                 applicable statutes, regulations and
                                                  www.regulations.gov. It may be viewed                   4(h) of the Social Security Act (the Act).            OMHA directives. The OCPM provides
                                                  at the Division of Dockets Management                   OMHA ensures that Medicare                            direction for processing appeals at the
                                                  (HFA–305), Food and Drug                                beneficiaries and the providers and                   OMHA level of adjudication for
                                                  Administration, 5630 Fishers Lane, Rm.                  suppliers that furnish items or services              Medicare Part A and B claims; Part C
                                                  1061, Rockville, MD 20852. A transcript                 to Medicare beneficiaries, as well as                 organization determinations; Part D
                                                  will also be available in either hardcopy               Medicare Advantage Organizations                      coverage determinations; and SSA
                                                  or on CD–ROM, after submission of a                     (MAOs) and Medicaid State Agencies,                   eligibility and entitlement, Part B late
                                                  Freedom of Information request. The                     have a fair and impartial forum to                    enrollment penalty, and IRMAA
                                                  Freedom of Information office address is                address disagreements with Medicare                   determinations.
                                                  available on the Agency’s Web site at                   coverage and payment determinations                      Section 1871(c) of the Act requires
                                                  http://www.fda.gov. It will also be                     made by Medicare contractors, MAOs,                   that we publish a list of all Medicare
                                                  available after the workshop at http://                 or Part D Plan Sponsors (PDPSs), and                  manual instructions, interpretive rules,
                                                  www.fda.gov/TobaccoProducts/                            determinations related to Medicare                    statements of policy, and guidelines of
                                                  NewsEvents/ucm238308.htm as soon as                     eligibility and entitlement, Part B late              general applicability not issued as
                                                  the official transcript is finalized.                   enrollment penalty, and income-related                regulations at least every 3 months in
                                                                                                          monthly adjustment amounts (IRMAA)                    the Federal Register.
                                                    Dated: February 18, 2016.
                                                                                                          made by the Social Security
                                                  Leslie Kux,                                                                                                   II. Format for the Quarterly Issuance
                                                                                                          Administration (SSA).
                                                  Associate Commissioner for Policy.                                                                            Notices
                                                                                                             The Medicare claim, organization and
                                                  [FR Doc. 2016–03712 Filed 2–22–16; 8:45 am]             coverage determination appeals                           This quarterly notice provides the
                                                  BILLING CODE 4164–01–P                                  processes consist of four levels of                   specific updates to the OCPM that have
                                                                                                          administrative review, and a fifth level              occurred in the 3-month period. A
                                                                                                          of review with the Federal district                   hyperlink to the available chapters on
                                                  DEPARTMENT OF HEALTH AND                                courts after administrative remedies                  the OMHA Web site is provided below.
                                                  HUMAN SERVICES                                          under HHS regulations have been                       The OMHA Web site contains the most
                                                                                                          exhausted. The first two levels of review             current, up-to-date chapters and
                                                  [OMHA–1503–N]                                           are administered by the Centers for                   revisions to chapters, and will be
                                                                                                          Medicare & Medicaid Services (CMS)                    available earlier than we publish our
                                                  Medicare Program; Administrative Law                    and conducted by Medicare contractors                 quarterly notice. We believe the OMHA
                                                  Judge Hearing Program for Medicare                      for claim appeals, by MAOs and an                     Web site list provides more timely
                                                  Claim and Entitlement Appeals;                          independent review entity for Part C                  access to the current OCPM chapters for
                                                  Quarterly Listing of Program                            organization determination appeals, or                those involved in the Medicare claim,
                                                  Issuances—October Through                               by PDPSs and an independent review                    organization and coverage
                                                  December 2015                                           entity for Part D coverage determination              determination and entitlement appeals
                                                                                                          appeals. The third level of review is                 processes. We also believe the Web site
                                                  AGENCY: Office of Medicare Hearings                     administered by OMHA and conducted                    offers the public a more convenient tool
                                                  and Appeals (OMHA), HHS.                                by Administrative Law Judges. The                     for real time access to current OCPM
                                                  ACTION: Notice.                                         fourth level of review is administered by             provisions. In addition, OMHA has a
                                                                                                          the HHS Departmental Appeals Board                    listserv to which the public can
                                                  SUMMARY:   This quarterly notice lists of               (DAB) and conducted by the Medicare                   subscribe to receive immediate
                                                  the OMHA Case Processing Manual                         Appeals Council. In addition, OMHA                    notification of any updates to the
                                                  (OCPM) manual instructions that were                    and the DAB administer the second and                 OMHA Web site. This listserv avoids
                                                  published from October through                          third levels of appeal, respectively, for             the need to check the OMHA Web site,
                                                  December, 2015. This manual                             Medicare eligibility, entitlement, Part B             as update notifications are sent to
                                                  standardizes the day-to-day procedures                  late enrollment penalty, and IRMAA                    subscribers as they occur. If accessing
                                                  for carrying out adjudicative functions,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          reconsiderations made by SSA; a fourth                the OMHA Web site proves to be
                                                  in accordance with applicable statutes,                 level of review with the Federal district             difficult, the contact person listed above
                                                  regulations and OMHA directives, and                    courts is available after administrative              can provide the information.
                                                  gives OMHA staff direction for                          remedies within SSA and HHS have
                                                  processing appeals at the OMHA level                    been exhausted.                                       III. How To Use the Notice
                                                  of adjudication.                                           Sections 1869, 1155, 1876(c)(5)(B),                   This notice lists the OCPM chapters
                                                  FOR FURTHER INFORMATION CONTACT:                        1852(g)(5), and 1860D–4(h) of the Act                 and subjects published during the
                                                  Amanda Axeen, by telephone at (571)                     are implemented through the                           quarter covered by the notice so the


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Document Created: 2018-02-02 14:33:08
Document Modified: 2018-02-02 14:33:08
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 of public workshop; establishment of docket; request for comments.
DatesThe public workshop will be held on March 17, 2016, from 8:30 a.m. to 5 p.m. and on March 18, 2016, from 8:30 a.m. to 4 p.m. Individuals who wish to attend the public workshop must register by February 25, 2016. Submit written or electronic comments to Docket No. FDA-2016-N-0173 by April 29, 2016.
ContactCaryn Cohen, Office of Science, Center for Tobacco Products, Food and Drug Administration, Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 1-877-287-1373, [email protected]
FR Citation81 FR 8967 

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