82_FR_28611 82 FR 28492 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Potential Tobacco Product Violations Reporting Form

82 FR 28492 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Potential Tobacco Product Violations Reporting Form

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 119 (June 22, 2017)

Page Range28492-28493
FR Document2017-13018

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

Federal Register, Volume 82 Issue 119 (Thursday, June 22, 2017)
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28492-28493]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13018]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0086]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Potential Tobacco 
Product Violations Reporting Form

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

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

DATES: Fax written comments on the collection of information by July 
24, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0716. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

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

Potential Tobacco Product Violations Reporting Form OMB Control Number 
0910-0716--Extension

    On June 22, 2009, the President signed the Family Smoking 
Prevention and Tobacco Control Act (the Tobacco Control Act) (Pub. L. 
111-31) into law. The Tobacco Control Act amended section 201 et seq. 
of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 
321 et seq.) by adding a new chapter granting FDA important new 
authority to regulate the manufacture, marketing, and distribution of 
tobacco products to protect the public health generally and to reduce 
tobacco use by minors. FDA is requesting an extension of OMB approval 
for the collection of information to accept consumer and

[[Page 28493]]

other stakeholder feedback and notification of potential violations of 
the FD&C Act, as amended by the Tobacco Control Act.
    FDA created a Tobacco Call Center (with a toll-free number: 1-877-
CTP-1373). Callers are able to report potential violations of the 
Tobacco Control Act, and FDA may conduct followup investigations based 
on information received. When callers report a violation, the caller 
will be asked to provide as much certain information as they can 
recall, including: The date the potential violation occurred; product 
type (e.g., cigarette, smokeless, roll-your-own, cigar, e-cigarette, 
hookah, pipe tobacco); tobacco brand; potential violation type; type of 
potentially violative promotional materials; who potentially violated; 
and the name, address, phone number, and email address of the potential 
violator. The caller will also be asked to list the potential 
violator's Web site (if available), describe the potential violation, 
and provide any additional files or information pertinent to the 
potential violation.
    FDA currently provides a form that may be used to solicit this 
information from the caller (Form FDA 3779, Potential Tobacco Product 
Violations Report), and seeks renewal of Form FDA 3779. This form is 
posted on FDA's Web site. The public and interested stakeholders are 
also able to report information regarding possible violations of the 
Tobacco Control Act through the following methods: Calling the Tobacco 
Call Center using the Center for Tobacco Products' (CTP) toll-free 
number; using a fillable Form FDA 3779 found on FDA's Web site; 
downloading a PDF version of the form to send via email or mail to FDA; 
requesting a copy of Form FDA 3779 by contacting CTP and sending by 
mail to FDA; and sending a letter to FDA's CTP.
    In the Federal Register of November 7, 2016 (81 FR 78166), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Number of
       Activity and FDA Form 3779            Number of      responses per     Total annual          Average burden  per response           Total hours
                                            respondents       respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting violations of the FD&C Act, as             750                2            1,500   0.25 (15 minutes).........................             375
 amended by the Tobacco Control Act via
 telephone, Internet form, mail,
 smartphone application, or email.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates that submitting the information (by telephone, 
Internet form, paper form by mail, or email) will take 0.25 hour (i.e., 
15 minutes) per response. Based on the type and rate of reporting that 
has been submitted through the Potential Tobacco Violation Reporting 
Form in the past, in addition to the increase that FDA has recently 
experienced in the rate of reporting due to the recent rule, ``Deeming 
Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic 
Act, as Amended by the Family Smoking Prevention and Tobacco Control 
Act,'' FDA estimates the number of annual respondents to this 
collection of information will be 750, who will each submit 2 reports 
by telephone, Internet form, paper form, or email. Each report is 
expected to take 0.25 hour to complete and submit; therefore, total 
burden hours for this collection of information is estimated to be 375 
hours (1,500 responses x 0.25 hour per response).

    Dated: June 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-13018 Filed 6-21-17; 8:45 am]
BILLING CODE 4164-01-P



                                                28492                                   Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices

                                                Comments in Response to the 60 Day                                        because they were: (a) Programmatic in                        Burden Estimates
                                                Federal Register Notice                                                   nature and not survey-related; (b)
                                                                                                                          referencing other data collections and                           Descriptions of previous National
                                                   A 60-Day notice was published in the                                   not the NSOAAP (e.g., Census); or (c)                         Surveys of OAA Participants can be
                                                Federal Register in Vol. 82, No. 13457                                    commentary without reference to the                           found under the section on OAA
                                                on March 13, 2017. A Notice of                                            NSOAAP. The majority of the comments                          Performance Information on ACL’s Web
                                                Correction was published in the Federal                                   that ACL received expressed the need to                       site at: https://www.acl.gov/programs/
                                                Register in Vol. 82, No. 15062 on March                                   retain demographic questions on sexual                        oaa-performance-information. Copies of
                                                24, 2017, announcing that ACL was                                         orientation/gender identity. In addition,                     the survey instruments and data from
                                                requesting approval of a proposed                                         comments addressed: (a)                                       previous National Surveys of OAA
                                                extension with modifications of a                                         Methodological, survey design, and                            Participants can be found and queried
                                                currently approved data collection. A                                     sampling considerations; (b) concern                          using the AGing Integrated Database
                                                second Notice of Correction was                                           about the survey length; and (c)                              (AGID) at https://agid.acl.gov/. The
                                                published in the Federal Register in                                      recommendations to modify and/or add                          proposed National Survey entitled
                                                Vol. 82, No. 20896 on May 4, 2017,                                        clarifying questions throughout the
                                                announcing that the web location of the                                                                                                 National Survey of Older Americans Act
                                                                                                                          survey. ACL has made minor changes to                         Participants 2017 Revised may be found
                                                proposed information collection would                                     the survey based on some suggested
                                                change due to an update of the ACL.gov                                                                                                  on the ACL Web site at: https://
                                                                                                                          changes, including retaining the
                                                Web site.                                                                                                                               www.acl.gov/about-acl/public-input.
                                                                                                                          primary question regarding sexual
                                                                                                                                                                                        The revisions, including the
                                                   ACL received comments from eighty-                                     orientation. This survey has remained
                                                nine (89) organizations and just over                                     essentially the same since the last OMB                       reinstatement of the primary question
                                                13,900 individuals about the National                                     approval on 7/17/2014 (OMB Control                            on sexual orientation, represent minor
                                                Survey of Older Americans Act                                             Number 0985–0023), and the sampling                           changes in terms of data collection
                                                Participants (NSOAAP). ACL reviewed                                       methodology and the data collection                           burden that do not change the overall
                                                all of the comments. Eight (8) of the                                     procedures are identical to the previous                      estimated burden on respondents.
                                                comments were deemed not relevant                                         survey approved in 2014.

                                                                                                                                    ANNUAL BURDEN ESTIMATES
                                                                                                                                                                               Responses
                                                                                                                                                              Number of                                  Hours per                  Annual burden
                                                                        Respondent/data collection activity                                                                        per
                                                                                                                                                             respondents                                 response                      hours
                                                                                                                                                                               respondent

                                                Area Agency on Aging: Respondent selection process ......................                                             250                   1   4.0 .............................           1,000
                                                Service Recipients (i.e., Congregate and Home-delivered meal nutri-                                                 4,000                   1   .6667 .........................          2,666.80
                                                  tion programs; Case Management, Homemaker, and Transpor-
                                                  tation Services).
                                                National Family Caregiver Support Program Clients ..........................                                        2,000                   1   .6667 .........................          1,333.40

                                                     Total ..............................................................................................           6,250                   1   .80 (weighted mean)                         5,000



                                                 Estimated Total Annual Burden                                            that a proposed collection of                                 20852, 301–796–8867, PRAStaff@
                                                Hours: 5,000.                                                             information has been submitted to the                         fda.hhs.gov.
                                                  Dated: June 16, 2017.                                                   Office of Management and Budget
                                                                                                                          (OMB) for review and clearance under                          SUPPLEMENTARY INFORMATION:    In
                                                Daniel P. Berger,                                                                                                                       compliance with 44 U.S.C. 3507, FDA
                                                                                                                          the Paperwork Reduction Act of 1995.
                                                Acting Administrator and Assistant Secretary                                                                                            has submitted the following proposed
                                                for Aging.                                                                DATES:  Fax written comments on the                           collection of information to OMB for
                                                [FR Doc. 2017–13030 Filed 6–21–17; 8:45 am]                               collection of information by July 24,                         review and clearance.
                                                BILLING CODE 4154–01–P                                                    2017.
                                                                                                                                                                                        Potential Tobacco Product Violations
                                                                                                                          ADDRESSES:   To ensure that comments on                       Reporting Form OMB Control Number
                                                DEPARTMENT OF HEALTH AND                                                  the information collection are received,                      0910–0716—Extension
                                                HUMAN SERVICES                                                            OMB recommends that written
                                                                                                                          comments be faxed to the Office of                              On June 22, 2009, the President
                                                                                                                          Information and Regulatory Affairs,                           signed the Family Smoking Prevention
                                                Food and Drug Administration
                                                                                                                          OMB, Attn: FDA Desk Officer, FAX:                             and Tobacco Control Act (the Tobacco
                                                [Docket No. FDA–2014–N–0086]
                                                                                                                          202–395–7285, or emailed to oira_                             Control Act) (Pub. L. 111–31) into law.
                                                                                                                          submission@omb.eop.gov. All                                   The Tobacco Control Act amended
                                                Agency Information Collection                                                                                                           section 201 et seq. of the Federal Food,
                                                Activities; Submission for Office of                                      comments should be identified with the
                                                                                                                          OMB control number 0910–0716. Also                            Drug, and Cosmetic Act (the FD&C Act)
                                                Management and Budget Review;                                                                                                           (21 U.S.C. 321 et seq.) by adding a new
                                                Comment Request; Potential Tobacco                                        include the FDA docket number found
                                                                                                                                                                                        chapter granting FDA important new
sradovich on DSK3GMQ082PROD with NOTICES




                                                Product Violations Reporting Form                                         in brackets in the heading of this
                                                                                                                          document.                                                     authority to regulate the manufacture,
                                                AGENCY:      Food and Drug Administration,                                                                                              marketing, and distribution of tobacco
                                                HHS.                                                                      FOR FURTHER INFORMATION CONTACT:                              products to protect the public health
                                                ACTION:     Notice.                                                       Amber Sanford, Office of Operations,                          generally and to reduce tobacco use by
                                                                                                                          Food and Drug Administration, Three                           minors. FDA is requesting an extension
                                                SUMMARY: The Food and Drug                                                White Flint North, 10A63, 11601                               of OMB approval for the collection of
                                                Administration (FDA) is announcing                                        Landsdown St., North Bethesda, MD                             information to accept consumer and


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                                                                               Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices                                                   28493

                                                other stakeholder feedback and                           type of potentially violative promotional               violations of the Tobacco Control Act
                                                notification of potential violations of the              materials; who potentially violated; and                through the following methods: Calling
                                                FD&C Act, as amended by the Tobacco                      the name, address, phone number, and                    the Tobacco Call Center using the
                                                Control Act.                                             email address of the potential violator.                Center for Tobacco Products’ (CTP) toll-
                                                  FDA created a Tobacco Call Center                      The caller will also be asked to list the               free number; using a fillable Form FDA
                                                (with a toll-free number: 1–877–CTP–                     potential violator’s Web site (if                       3779 found on FDA’s Web site;
                                                1373). Callers are able to report                        available), describe the potential                      downloading a PDF version of the form
                                                potential violations of the Tobacco                      violation, and provide any additional                   to send via email or mail to FDA;
                                                Control Act, and FDA may conduct                         files or information pertinent to the                   requesting a copy of Form FDA 3779 by
                                                followup investigations based on                         potential violation.                                    contacting CTP and sending by mail to
                                                information received. When callers                          FDA currently provides a form that                   FDA; and sending a letter to FDA’s CTP.
                                                report a violation, the caller will be                   may be used to solicit this information                    In the Federal Register of November
                                                asked to provide as much certain                         from the caller (Form FDA 3779,                         7, 2016 (81 FR 78166), FDA published
                                                information as they can recall,                          Potential Tobacco Product Violations                    a 60-day notice requesting public
                                                including: The date the potential                        Report), and seeks renewal of Form FDA                  comment on the proposed collection of
                                                violation occurred; product type (e.g.,                  3779. This form is posted on FDA’s Web                  information. No comments were
                                                cigarette, smokeless, roll-your-own,                     site. The public and interested                         received.
                                                cigar, e-cigarette, hookah, pipe tobacco);               stakeholders are also able to report                       FDA estimates the burden of this
                                                tobacco brand; potential violation type;                 information regarding possible                          collection of information as follows:

                                                                                                TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                  Number of
                                                                                                                Number of                            Total annual         Average burden
                                                             Activity and FDA Form 3779                                         responses per                                                        Total hours
                                                                                                               respondents                            responses            per response
                                                                                                                                  respondent

                                                Reporting violations of the FD&C Act, as                          750                   2               1,500        0.25 (15 minutes) ...........      375
                                                  amended by the Tobacco Control Act via tele-
                                                  phone, Internet form, mail, smartphone appli-
                                                  cation, or email.
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   FDA estimates that submitting the                     DEPARTMENT OF HEALTH AND                                regarding this meeting is September 18,
                                                information (by telephone, Internet                      HUMAN SERVICES                                          2017.
                                                form, paper form by mail, or email) will                                                                         ADDRESSES: The meeting will be held at
                                                take 0.25 hour (i.e., 15 minutes) per                    Food and Drug Administration                            the FDA White Oak Campus, 10903
                                                response. Based on the type and rate of                  [Docket No. FDA–2017–N–3615]                            New Hampshire Ave., Bldg. 31
                                                reporting that has been submitted                                                                                Conference Center, the Great Room (Rm.
                                                through the Potential Tobacco Violation                  Administering the Hatch-Waxman                          1503), Silver Spring, MD 20993.
                                                Reporting Form in the past, in addition                  Amendments: Ensuring a Balance                          Entrance for the public meeting
                                                to the increase that FDA has recently                    Between Innovation and Access;                          participants (non-FDA employees) is
                                                experienced in the rate of reporting due                 Public Meeting; Request for Comments                    through Building 1, where routine
                                                to the recent rule, ‘‘Deeming Tobacco                                                                            security check procedures will be
                                                                                                         AGENCY:     Food and Drug Administration,               performed. For parking and security
                                                Products To Be Subject to the Federal
                                                                                                         HHS.                                                    information, please refer to http://
                                                Food, Drug, and Cosmetic Act, as
                                                Amended by the Family Smoking                            ACTION: Notice of public meeting;                       www.fda.gov/AboutFDA/
                                                Prevention and Tobacco Control Act,’’                    request for comments.                                   WorkingatFDA/BuildingsandFacilities/
                                                FDA estimates the number of annual                                                                               WhiteOakCampusInformation/
                                                                                                         SUMMARY:   The Food and Drug                            ucm241740.htm.
                                                respondents to this collection of                        Administration (FDA or the Agency) is
                                                information will be 750, who will each                                                                              You may submit comments as
                                                                                                         announcing the following meeting: ‘‘The                 follows. Please note that late, untimely
                                                submit 2 reports by telephone, Internet                  Hatch-Waxman Amendments: Ensuring                       filed comments will not be considered.
                                                form, paper form, or email. Each report                  a Balance Between Innovation and                        Electronic comments must be submitted
                                                is expected to take 0.25 hour to                         Access.’’ This public meeting is                        on or before September 18, 2017. The
                                                complete and submit; therefore, total                    intended to provide the public an                       https://www.regulations.gov electronic
                                                burden hours for this collection of                      opportunity to submit comments                          filing system will accept comments
                                                information is estimated to be 375 hours                 concerning administration of the Hatch-                 until midnight Eastern Time at the end
                                                (1,500 responses x 0.25 hour per                         Waxman Amendments to the Federal                        of September 18, 2017. Comments
                                                response).                                               Food, Drug, and Cosmetic Act (FD&C                      received by mail/hand delivery/courier
                                                                                                         Act) to help ensure the intended balance                (for written/paper submissions) will be
                                                  Dated: June 12, 2017.
                                                                                                         between encouraging innovation in drug
sradovich on DSK3GMQ082PROD with NOTICES




                                                Anna K. Abram,                                                                                                   considered timely if they are
                                                                                                         development and accelerating the                        postmarked or the delivery service
                                                Deputy Commissioner for Policy, Planning,                availability to the public of lower cost
                                                Legislation, and Analysis.                                                                                       acceptance receipt is on or before that
                                                                                                         alternatives to innovator drugs is                      date.
                                                [FR Doc. 2017–13018 Filed 6–21–17; 8:45 am]              maintained.
                                                BILLING CODE 4164–01–P                                                                                           Electronic Submissions
                                                                                                         DATES: The meeting will be held on July
                                                                                                         18, 2017, from 9 a.m. to 5 p.m. The                       Submit electronic comments in the
                                                                                                         deadline for submitting comments                        following way:


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Document Created: 2017-06-21 23:55:21
Document Modified: 2017-06-21 23:55:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by July 24, 2017.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation82 FR 28492 

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