82_FR_9405 82 FR 9382 - Advisory Committee Nominations; Modification To Process for Collecting and Posting Curricula Vitae

82 FR 9382 - Advisory Committee Nominations; Modification To Process for Collecting and Posting Curricula Vitae

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 23 (February 6, 2017)

Page Range9382-9383
FR Document2017-02411

The Food and Drug Administration (FDA, Agency, or we) is modifying the process by which we collect and post curricula vitae (CVs) of advisory committee members so that the CVs will be posted to our Web site without removing or redacting any information. Posting CVs without removing or redacting any information will increase the transparency of FDA's selection of officials who serve on advisory committees, and will ensure greater public access to the qualifications of advisory committee members on an ongoing basis. Because advisory committee members are best situated to determine whether there is confidential information in their CVs, this modified collection and posting process will conserve FDA resources because FDA personnel will no longer be responsible for reviewing and redacting the CVs.

Federal Register, Volume 82 Issue 23 (Monday, February 6, 2017)
[Federal Register Volume 82, Number 23 (Monday, February 6, 2017)]
[Notices]
[Pages 9382-9383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02411]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0001]


Advisory Committee Nominations; Modification To Process for 
Collecting and Posting Curricula Vitae

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is 
modifying the process by which we collect and post curricula vitae 
(CVs) of advisory committee members so that the CVs will be posted to 
our Web site without removing or redacting any information. Posting CVs 
without removing or redacting any information will increase the 
transparency of FDA's selection of officials who serve on advisory 
committees, and will ensure greater public access to the qualifications 
of advisory committee members on an ongoing basis. Because advisory 
committee members are best situated to determine whether there is 
confidential information in their CVs, this modified collection and 
posting process will conserve FDA resources because FDA personnel will 
no longer be responsible for reviewing and redacting the CVs.

DATES: All nominees for positions on an FDA advisory committee will be 
required to submit a consent form on or after the date of the Office of 
Management and Budget (OMB) approval for this information collection, 
authorizing FDA to publicly post an un-redacted copy of their CV on 
FDA's Web site. Elsewhere in this issue of the Federal Register, FDA is 
publishing the notice for the proposed information collection. 
Additionally, effective March 8, 2017, all existing advisory committee 
members who submit an updated version of their CV to FDA will be 
required to submit a consent form along with their CV.

FOR FURTHER INFORMATION CONTACT: Questions should be sent 
electronically to ACOMSSubmissions@fda.hhs.gov, or by mail to Advisory 
Committee Oversight and Management Staff, 10903 New Hampshire Ave., 
Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA generally has posted the CVs of FDA advisory committee members 
publicly on http://www.fda.gov/AdvisoryCommittees/ after reviewing the 
CVs and redacting information that appeared to be confidential. 
Currently, FDA requires the submission of a CV for each nominee as part 
of the nomination process for advisory committee members. FDA also 
requests that existing advisory committee members submit updated 
versions of their CVs, typically on a yearly basis.
    In furtherance of FDA's goal of ensuring transparency regarding the 
qualifications of individuals selected to serve on FDA advisory 
committees, and in recognition that individual advisory committee 
members are best situated to evaluate the confidentiality of 
information contained in their CVs, including any considerations raised 
by their relationships and agreements with third parties, FDA will be 
requiring that all CVs submitted as part of the nomination process for 
positions on FDA advisory committees be accompanied by a written 
consent form stating that, if the nominee is accepted as a member of an 
FDA advisory committee, the individual consents to the publication of 
the individual's CV to FDA's Web site, without FDA removing or 
redacting any information. The consent form requires that the nominee 
affirm that the CV does not include any confidential information, 
including information pertaining to third parties that the nominee is 
not permitted to disclose. A nominee will be required to submit a 
signed consent form in order for the nomination to be considered 
complete. The consent form will need to be submitted along with the 
four other types of documents currently requested as part of the 
nomination process: (1) A CV for each nominee; (2) a written 
confirmation that the nominee is aware of the nomination (unless self-
nominated); (3) a letter(s) of recommendation; and (4) for Consumer 
Representative applications, a cover letter that lists consumer or 
community organizations for which the candidate can demonstrate active 
participation. In addition to the consent form submitted as part of the 
application process, FDA will also be requiring that a nearly identical 
consent form be submitted by all existing advisory committee members 
each time they submit an updated version of their CV to FDA. The 
language of the consent for existing advisory committee members will 
differ only in that it will not include the language ``if [the nominee 
is] selected to serve on an [FDA] advisory committee''.
    Every day, FDA makes important health and safety decisions about 
foods, drugs, medical devices, cosmetics, and other widely used 
consumer products. Transparency in FDA's activities and decision making 
allows the public to better understand the Agency's decisions, 
increasing credibility and promoting accountability. Transparency helps 
the Agency to more effectively protect and promote the public health. 
Ensuring greater public awareness of the qualifications of individuals 
responsible for assisting the Agency in making important policy 
decisions is an important factor in ensuring such transparency. Posting 
the CVs of advisory committee members helps increase public awareness. 
Additionally, requiring advisory committee nominees and advisory 
committee members to attest that their CVs do not include any 
confidential information, including information pertaining to third 
parties that they are not permitted to disclose, will help conserve 
limited FDA resources by ensuring that the individual most familiar 
with the information contained in the CV, as well as any contractual or 
confidentiality agreements that might affect their ability to disclose 
that information, assumes the responsibility for determining whether 
the information may be released publicly. Because advisory committee 
nominees and members are most familiar with the information contained 
in their CVs, FDA will not be advising potential or current members 
about whether specific information in their CVs is confidential or 
otherwise should be removed.

II. Advisory Committee Member CVs and Confidential Information

    The consent form will be required to be submitted each time an 
advisory committee nominee's or existing

[[Page 9383]]

advisory committee member's CV is submitted to FDA. All information 
contained in the CV submission for individuals who are selected for or 
currently serving on an FDA advisory committee will be available for 
public posting. Specifically, for nominees for positions on an FDA 
advisory committee, the required consent will state as follows:

    If I am selected to serve on an advisory committee, I consent to 
publication of my curriculum vitae (CV), and any subsequent updates 
to my CV that I provide FDA, on FDA's Web site, without removing or 
redacting any information. My CV does not include any confidential 
information, including information pertaining to third parties that 
I am not permitted to disclose.

For existing advisory committee members who submit updated CVs, the 
required consent will state as follows:

    I consent to publication of my curriculum vitae (CV), and any 
subsequent updates to my CV that I provide FDA, on FDA's Web site, 
without removing or redacting any information. My CV does not 
include any confidential information, including information 
pertaining to third parties that I am not permitted to disclose.

III. Date of Implementation

    All nominations for new advisory committee members will be required 
to be submitted through FDA's Web site at https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm, or any 
successor system, and the submission will be required to be accompanied 
by the required consent form, on or after the date of OMB approval for 
this information collection. All updated CVs for existing advisory 
committee members will be required to be submitted to FDA along with 
the required consent form after March 8, 2017.

    Dated: February 1, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-02411 Filed 2-3-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                9382                         Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices

                                                Minnesota, and thereby indirectly                       approval for this information collection,             CV for each nominee; (2) a written
                                                acquire Signature Bank, Minnetonka,                     authorizing FDA to publicly post an un-               confirmation that the nominee is aware
                                                Minnesota.                                              redacted copy of their CV on FDA’s Web                of the nomination (unless self-
                                                  B. Federal Reserve Bank of San                        site. Elsewhere in this issue of the                  nominated); (3) a letter(s) of
                                                Francisco (Gerald C. Tsai, Director,                    Federal Register, FDA is publishing the               recommendation; and (4) for Consumer
                                                Applications and Enforcement) 101                       notice for the proposed information                   Representative applications, a cover
                                                Market Street, San Francisco, California                collection. Additionally, effective March             letter that lists consumer or community
                                                94105–1579:                                             8, 2017, all existing advisory committee              organizations for which the candidate
                                                  1. Carpenter Bank Partners, Inc.,                     members who submit an updated                         can demonstrate active participation. In
                                                CCFW, Inc., Carpenter Fund Manager                      version of their CV to FDA will be                    addition to the consent form submitted
                                                GP, LLC, Carpenter Fund Management                      required to submit a consent form along               as part of the application process, FDA
                                                Company, LLC, Carpenter Community                       with their CV.                                        will also be requiring that a nearly
                                                BancFund, L.P., Carpenter Community                     FOR FURTHER INFORMATION CONTACT:                      identical consent form be submitted by
                                                BancFund-A, L.P., and Carpenter                         Questions should be sent electronically               all existing advisory committee
                                                Community BancFund, L.P., all Irvine,                   to ACOMSSubmissions@fda.hhs.gov, or                   members each time they submit an
                                                California; to acquire Pacific Premier                  by mail to Advisory Committee                         updated version of their CV to FDA. The
                                                Bancorp and thereby indirectly acquire                  Oversight and Management Staff, 10903                 language of the consent for existing
                                                Pacific Premier Bank, Irvine, California.               New Hampshire Ave., Bldg. 32, Rm.                     advisory committee members will differ
                                                  Board of Governors of the Federal Reserve             5129, Silver Spring, MD 20993–0002.                   only in that it will not include the
                                                System, January 31, 2017.                                                                                     language ‘‘if [the nominee is] selected to
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Yao-Chin Chao,
                                                                                                                                                              serve on an [FDA] advisory committee’’.
                                                                                                        I. Background                                            Every day, FDA makes important
                                                Assistant Secretary of the Board.
                                                                                                                                                              health and safety decisions about foods,
                                                [FR Doc. 2017–02368 Filed 2–3–17; 8:45 am]                 FDA generally has posted the CVs of
                                                                                                                                                              drugs, medical devices, cosmetics, and
                                                                                                        FDA advisory committee members
                                                BILLING CODE 6210–01–P                                                                                        other widely used consumer products.
                                                                                                        publicly on http://www.fda.gov/
                                                                                                                                                              Transparency in FDA’s activities and
                                                                                                        AdvisoryCommittees/ after reviewing                   decision making allows the public to
                                                DEPARTMENT OF HEALTH AND                                the CVs and redacting information that                better understand the Agency’s
                                                HUMAN SERVICES                                          appeared to be confidential. Currently,               decisions, increasing credibility and
                                                                                                        FDA requires the submission of a CV for               promoting accountability. Transparency
                                                Food and Drug Administration                            each nominee as part of the nomination                helps the Agency to more effectively
                                                                                                        process for advisory committee                        protect and promote the public health.
                                                [Docket No. FDA–2017–N–0001]                            members. FDA also requests that                       Ensuring greater public awareness of the
                                                Advisory Committee Nominations;                         existing advisory committee members                   qualifications of individuals responsible
                                                Modification To Process for Collecting                  submit updated versions of their CVs,                 for assisting the Agency in making
                                                and Posting Curricula Vitae                             typically on a yearly basis.                          important policy decisions is an
                                                                                                           In furtherance of FDA’s goal of                    important factor in ensuring such
                                                AGENCY:    Food and Drug Administration,                ensuring transparency regarding the                   transparency. Posting the CVs of
                                                HHS.                                                    qualifications of individuals selected to             advisory committee members helps
                                                ACTION:   Notice.                                       serve on FDA advisory committees, and                 increase public awareness.
                                                                                                        in recognition that individual advisory               Additionally, requiring advisory
                                                SUMMARY:   The Food and Drug                            committee members are best situated to                committee nominees and advisory
                                                Administration (FDA, Agency, or we) is                  evaluate the confidentiality of                       committee members to attest that their
                                                modifying the process by which we                       information contained in their CVs,                   CVs do not include any confidential
                                                collect and post curricula vitae (CVs) of               including any considerations raised by                information, including information
                                                advisory committee members so that the                  their relationships and agreements with               pertaining to third parties that they are
                                                CVs will be posted to our Web site                      third parties, FDA will be requiring that             not permitted to disclose, will help
                                                without removing or redacting any                       all CVs submitted as part of the                      conserve limited FDA resources by
                                                information. Posting CVs without                        nomination process for positions on                   ensuring that the individual most
                                                removing or redacting any information                   FDA advisory committees be                            familiar with the information contained
                                                will increase the transparency of FDA’s                 accompanied by a written consent form                 in the CV, as well as any contractual or
                                                selection of officials who serve on                     stating that, if the nominee is accepted              confidentiality agreements that might
                                                advisory committees, and will ensure                    as a member of an FDA advisory                        affect their ability to disclose that
                                                greater public access to the                            committee, the individual consents to                 information, assumes the responsibility
                                                qualifications of advisory committee                    the publication of the individual’s CV to             for determining whether the information
                                                members on an ongoing basis. Because                    FDA’s Web site, without FDA removing                  may be released publicly. Because
                                                advisory committee members are best                     or redacting any information. The                     advisory committee nominees and
                                                situated to determine whether there is                  consent form requires that the nominee                members are most familiar with the
                                                confidential information in their CVs,                  affirm that the CV does not include any               information contained in their CVs,
                                                this modified collection and posting                    confidential information, including                   FDA will not be advising potential or
                                                process will conserve FDA resources                     information pertaining to third parties               current members about whether specific
                                                because FDA personnel will no longer                    that the nominee is not permitted to
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                                                                                                                                                              information in their CVs is confidential
                                                be responsible for reviewing and                        disclose. A nominee will be required to               or otherwise should be removed.
                                                redacting the CVs.                                      submit a signed consent form in order
                                                DATES: All nominees for positions on an                 for the nomination to be considered                   II. Advisory Committee Member CVs
                                                FDA advisory committee will be                          complete. The consent form will need to               and Confidential Information
                                                required to submit a consent form on or                 be submitted along with the four other                   The consent form will be required to
                                                after the date of the Office of                         types of documents currently requested                be submitted each time an advisory
                                                Management and Budget (OMB)                             as part of the nomination process: (1) A              committee nominee’s or existing


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                                                                             Federal Register / Vol. 82, No. 23 / Monday, February 6, 2017 / Notices                                             9383

                                                advisory committee member’s CV is                       ACTION:   Notice.                                     marked and identified, as confidential,
                                                submitted to FDA. All information                                                                             if submitted as detailed in
                                                contained in the CV submission for                      SUMMARY:   The Food and Drug                          ‘‘Instructions.’’
                                                individuals who are selected for or                     Administration (FDA or Agency) is                        Instructions: All submissions received
                                                currently serving on an FDA advisory                    announcing an opportunity for public                  must include the Docket No. FDA–
                                                committee will be available for public                  comment on the proposed collection of                 2017–N–0366 for ‘‘Agency Information
                                                posting. Specifically, for nominees for                 certain information by the Agency.                    Collection Activities: Proposed
                                                positions on an FDA advisory                            Under the Paperwork Reduction Act of                  Collection; Comment Request;
                                                committee, the required consent will                    1995 (PRA), Federal Agencies are                      Collection of Nominations for
                                                state as follows:                                       required to publish notice in the                     Candidates to Serve on FDA’s Advisory
                                                                                                        Federal Register concerning each                      Committees.’’ Received comments will
                                                  If I am selected to serve on an advisory              proposed collection of information and
                                                committee, I consent to publication of my                                                                     be placed in the docket and, except for
                                                                                                        to allow 60 days for public comment in
                                                curriculum vitae (CV), and any subsequent                                                                     those submitted as ‘‘Confidential
                                                updates to my CV that I provide FDA, on                 response to the notice. This notice
                                                                                                                                                              Submissions,’’ publicly viewable at
                                                FDA’s Web site, without removing or                     solicits comments on the Agency’s
                                                                                                                                                              https://www.regulations.gov or at the
                                                redacting any information. My CV does not               process for collecting nominations of
                                                                                                                                                              Division of Dockets Management
                                                include any confidential information,                   candidates to serve on FDA’s advisory
                                                                                                                                                              between 9 a.m. and 4 p.m., Monday
                                                including information pertaining to third               committees.
                                                parties that I am not permitted to disclose.                                                                  through Friday.
                                                                                                        DATES: Submit either electronic or                       • Confidential Submissions—To
                                                For existing advisory committee                         written comments on the collection of                 submit a comment with confidential
                                                members who submit updated CVs, the                     information by April 7, 2017.                         information that you do not wish to be
                                                required consent will state as follows:                 ADDRESSES: You may submit comments                    made publicly available, submit your
                                                  I consent to publication of my curriculum             as follows:                                           comments only as a written/paper
                                                vitae (CV), and any subsequent updates to my                                                                  submission. You should submit two
                                                CV that I provide FDA, on FDA’s Web site,               Electronic Submissions
                                                                                                                                                              copies total. One copy will include the
                                                without removing or redacting any                         Submit electronic comments in the
                                                information. My CV does not include any
                                                                                                                                                              information you claim to be confidential
                                                                                                        following way:                                        with a heading or cover note that states
                                                confidential information, including                       • Federal eRulemaking Portal:
                                                information pertaining to third parties that I                                                                ‘‘THIS DOCUMENT CONTAINS
                                                am not permitted to disclose.
                                                                                                        https://www.regulations.gov. Follow the               CONFIDENTIAL INFORMATION.’’ The
                                                                                                        instructions for submitting comments.                 Agency will review this copy, including
                                                III. Date of Implementation                             Comments submitted electronically,                    the claimed confidential information, in
                                                                                                        including attachments, to https://                    its consideration of comments. The
                                                   All nominations for new advisory                     www.regulations.gov will be posted to
                                                committee members will be required to                                                                         second copy, which will have the
                                                                                                        the docket unchanged. Because your                    claimed confidential information
                                                be submitted through FDA’s Web site at                  comment will be made public, you are
                                                https://www.accessdata.fda.gov/scripts/                                                                       redacted/blacked out, will be available
                                                                                                        solely responsible for ensuring that your             for public viewing and posted on
                                                FACTRSPortal/FACTRS/index.cfm, or                       comment does not include any
                                                any successor system, and the                                                                                 https://www.regulations.gov. Submit
                                                                                                        confidential information that you or a                both copies to the Division of Dockets
                                                submission will be required to be                       third party may not wish to be posted,
                                                accompanied by the required consent                                                                           Management. If you do not wish your
                                                                                                        such as medical information, your or                  name and contact information to be
                                                form, on or after the date of OMB                       anyone else’s Social Security number, or
                                                approval for this information collection.                                                                     made publicly available, you can
                                                                                                        confidential business information, such               provide this information on the cover
                                                All updated CVs for existing advisory                   as a manufacturing process. Please note
                                                committee members will be required to                                                                         sheet and not in the body of your
                                                                                                        that if you include your name, contact                comments and you must identify this
                                                be submitted to FDA along with the                      information, or other information that
                                                required consent form after March 8,                                                                          information as ‘‘confidential.’’ Any
                                                                                                        identifies you in the body of your                    information marked as ‘‘confidential’’
                                                2017.                                                   comments, that information will be                    will not be disclosed except in
                                                  Dated: February 1, 2017.                              posted on https://www.regulations.gov.                accordance with 21 CFR 10.20 and other
                                                Leslie Kux,                                               • If you want to submit a comment                   applicable disclosure law. For more
                                                Associate Commissioner for Policy.                      with confidential information that you                information about FDA’s posting of
                                                [FR Doc. 2017–02411 Filed 2–3–17; 8:45 am]              do not wish to be made available to the               comments to public dockets, see 80 FR
                                                BILLING CODE 4164–01–P
                                                                                                        public, submit the comment as a                       56469, September 18, 2015, or access
                                                                                                        written/paper submission and in the                   the information at: http://www.fda.gov/
                                                                                                        manner detailed (see ‘‘Written/Paper                  regulatoryinformation/dockets/
                                                DEPARTMENT OF HEALTH AND                                Submissions’’ and ‘‘Instructions’’).                  default.htm.
                                                HUMAN SERVICES                                          Written/Paper Submissions                                Docket: For access to the docket to
                                                                                                          Submit written/paper submissions as                 read background documents or the
                                                Food and Drug Administration
                                                                                                        follows:                                              electronic and written/paper comments
                                                [Docket No. FDA–2017–N–0366]                              • Mail/Hand delivery/Courier (for                   received, go to https://
                                                                                                        written/paper submissions): Division of               www.regulations.gov and insert the
                                                Agency Information Collection                                                                                 docket number, found in brackets in the
sradovich on DSK3GMQ082PROD with NOTICES




                                                Activities: Proposed Collection;                        Dockets Management (HFA–305), Food
                                                                                                        and Drug Administration, 5630 Fishers                 heading of this document, into the
                                                Comment Request; Collection of                                                                                ‘‘Search’’ box and follow the prompts
                                                Nominations for Candidates To Serve                     Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                          • For written/paper comments                        and/or go to the Division of Dockets
                                                on the Food and Drug Administration’s                                                                         Management, 5630 Fishers Lane, Rm.
                                                                                                        submitted to the Division of Dockets
                                                Advisory Committees                                                                                           1061, Rockville, MD 20852.
                                                                                                        Management, FDA will post your
                                                AGENCY:    Food and Drug Administration,                comment, as well as any attachments,                  FOR FURTHER INFORMATION CONTACT: FDA
                                                HHS.                                                    except for information submitted,                     PRA Staff, Office of Operations, Food


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Document Created: 2017-02-04 00:25:27
Document Modified: 2017-02-04 00:25:27
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.
DatesAll nominees for positions on an FDA advisory committee will be required to submit a consent form on or after the date of the Office of Management and Budget (OMB) approval for this information collection, authorizing FDA to publicly post an un-redacted copy of their CV on FDA's Web site. Elsewhere in this issue of the Federal Register, FDA is publishing the notice for the proposed information collection. Additionally, effective March 8, 2017, all existing advisory committee members who submit an updated version of their CV to FDA will be required to submit a consent form along with their CV.
ContactQuestions should be sent electronically to [email protected], or by mail to Advisory Committee Oversight and Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002.
FR Citation82 FR 9382 

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