83_FR_23562 83 FR 23464 - Agency Information Collection Activities; Proposed Collection; Comment Request; Investigation of Consumer Perceptions of Expressed Modified Risk Claims

83 FR 23464 - Agency Information Collection Activities; Proposed Collection; Comment Request; Investigation of Consumer Perceptions of Expressed Modified Risk Claims

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23464-23466
FR Document2018-10723

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on the investigation of consumer perceptions of expressed modified risk claims.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23464-23466]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10723]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0821]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Investigation of Consumer Perceptions of Expressed 
Modified Risk Claims

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information and to 
allow 60 days for public comment in response to the notice. This notice 
solicits comments on the investigation of consumer perceptions of 
expressed modified risk claims.

DATES: Submit either electronic or written comments on the collection 
of information by July 20, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before July 20, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of July 20, 2018. Comments received by 
mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2018-N-0821 for ``Investigation of Consumer Perceptions of 
Expressed Modified Risk Claims.'' Received comments, those filed in a 
timely manner (see ADDRESSES), will be placed in the docket and, except 
for those submitted as ``Confidential Submissions,'' publicly viewable 
at https://www.regulations.gov or at the Dockets Management Staff 
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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. 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

[[Page 23465]]

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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information before 
submitting the collection to OMB for approval. To comply with this 
requirement, FDA is publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Investigation of Consumer Perceptions of Expressed Modified Risk Claims

OMB Control Number 0910--NEW

    FDA's Center for Tobacco Products proposes to conduct a study to 
develop generalizable scientific knowledge to help inform its 
implementation of section 911 of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act) (21 U.S.C. 387k), wherein FDA will be evaluating 
information submitted to the Agency about how consumers understand and 
perceive modified risk tobacco products (MRTPs). Section 911 of the 
FD&C Act authorizes FDA to grant orders to persons to allow the 
marketing of MRTPs. The term ``modified risk tobacco product'' means 
any tobacco product that is sold or distributed for use to reduce harm 
or the risk of tobacco-related disease associated with commercially 
marketed tobacco products. FDA can issue a risk modification order 
under section 911(g)(1) of the FD&C Act authorizing the marketing of a 
MRTP only if the Agency determines that the product, as it is used by 
consumers, will significantly reduce harm and the risk of tobacco-
related disease to individual tobacco users and benefit the health of 
the population as a whole, taking into account both users of tobacco 
products and persons who do not currently use tobacco products (section 
911(g)(1) of the FD&C Act). Alternatively, with respect to tobacco 
products that may not be commercially marketed under section 911(g)(1) 
of the FD&C Act, FDA may issue an exposure modification order under 
section 911(g)(2) of the FD&C Act authorizing the marketing of a MRTP 
if, the Agency determines that the standard in section 911(g)(2) of the 
FD&C Act is met, including, among other requirements, that: Any aspect 
of the label, labeling, or advertising that would cause the product to 
be an MRTP is limited to an explicit or implicit representation that 
the tobacco product or its smoke does not contain or is free of a 
substance or contains a reduced level of a substance, or presents a 
reduced exposure to a substance in tobacco smoke; the order would be 
appropriate to promote the public health; the issuance of the order is 
expected to benefit the population as a whole taking into account both 
users and nonusers of tobacco products; and the existing evidence 
demonstrates that a measurable and substantial reduction in morbidity 
and mortality among individual tobacco users is reasonably likely to be 
shown in subsequent studies (section 911(g)(2) of the FD&C Act). In 
addition, section 911 of the FD&C Act requires that any advertising or 
labeling concerning modified risk products enable the public to 
comprehend the information concerning modified risk and to understand 
the relative significance of such information in the context of total 
health and in relation to all the diseases and health-related 
conditions associated with the use of tobacco products (section 
911(h)(1) of the FD&C Act). The proposed research will inform the 
Agency's efforts to implement the provisions of the FD&C Act related to 
MRTPs.
    FDA proposes conducting a study to assist in determining 
appropriate methods for gathering information about how consumers 
perceive and understand modified risk information. The study would 
develop and validate measures of consumer perceptions of health risk 
from using tobacco products. Moreover, the study would test how 
participants' responses on these measures are affected by viewing 
modified risk labeling or advertising, participants' characteristics 
such as prior beliefs about the harmfulness of tobacco products, 
current use of tobacco products, and sociodemographic characteristics. 
Finally, the study would examine factors that may influence the 
effectiveness of debriefing at the end of a consumer perception study 
to ensure that people read and recall key information about the study. 
This research is significant because it will validate methods that can 
be used in studies of the impact of labels, labeling, and advertising 
on consumer perceptions and understanding of the risks of product use.
    Measures of consumer health risk perception will be developed and 
validated by conducting a study on two product types: Moist snuff 
smokeless tobacco products and electronic cigarette (e-cigarette) 
products. For each product type, we will assess individual-level 
factors that may moderate the impact of modified risk information on 
consumer responses. Potential moderating factors under study include: 
Beliefs (prior to viewing the modified risk information) about the 
harmfulness of tobacco products, and the strength with which those 
beliefs are held; current tobacco use behaviors; and sociodemographic 
characteristics including age and educational attainment. For each 
product type, participants will be randomized to view one of two 
conditions: Tobacco product labeling and advertising that either does 
or does not contain modified risk claims about a product. The labeling 
will consist of a product package. The

[[Page 23466]]

advertising will consist of a print advertisement. The study will 
assess participants' perceptions of various health risks from using the 
product, as well as their perceptions of health risk from using the 
product compared to smoking cigarettes, using nicotine replacement 
therapies, and quitting all tobacco and nicotine products. The study 
will also assess participants' intentions to use the product and their 
level of doubt about whether tobacco products are harmful to users' 
health. Measures of intentions and doubt will be used to help assess 
the validity of the measures of health risk perception.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Invitation: Young Adults (Ages            29,000               1          29,000            0.02             580
 18-25).........................
Invitation: Adults (Ages 26+)...          29,000               1          29,000            0.02             580
Consent and Screener: Young               11,000               1          11,000            0.10           1,100
 Adults (Ages 18-25)............
Consent and Screener: Adults              16,500               1          16,500            0.10           1,650
 (Ages 26+).....................
Study: Young Adults (Ages 18-25)           3,300               1           3,300            0.33           1,089
Study: Adults (Ages 26+)........           3,300               1           3,300            0.33           1,089
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           6,088
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA's burden estimate is based on prior experience with research 
that is similar to this proposed study. Approximately 58,000 people 
will receive a study invitation, estimated to take 1 minute to read 
(approximately 0.02 hours), for a total of 1,160 hours for invitations. 
Approximately 27,500 people will complete the informed consent and 
screener to determine eligibility for participation in the study, 
estimated to take 6 minutes (0.10 hours), for a total of 2,750 hours 
for informed consent and screening activities. Approximately 6,600 
people will complete the full study, estimated to take 20 minutes 
(approximately 0.33 hours), for a total of 2,178 hours for study 
completion activities. The estimated total hour burden of the 
collection of information is 6,088 hours.

    Dated: May 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-10723 Filed 5-18-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                23464                           Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                Disease.’’ The purpose of this guidance                 DEPARTMENT OF HEALTH AND                              that if you include your name, contact
                                                is to assist sponsors in the clinical                   HUMAN SERVICES                                        information, or other information that
                                                development of drugs for the treatment                                                                        identifies you in the body of your
                                                or prevention of CMV disease in                         Food and Drug Administration                          comments, that information will be
                                                patients who have undergone SOT or                      [Docket No. FDA–2018–N–0821]                          posted on https://www.regulations.gov.
                                                HSCT. Specifically, this guidance                                                                               • If you want to submit a comment
                                                addresses FDA’s current thinking                        Agency Information Collection                         with confidential information that you
                                                regarding the overall development                       Activities; Proposed Collection;                      do not wish to be made available to the
                                                program and clinical trial designs for                  Comment Request; Investigation of                     public, submit the comment as a
                                                the development of drugs and biologics                  Consumer Perceptions of Expressed                     written/paper submission and in the
                                                to support an indication for the                        Modified Risk Claims                                  manner detailed (see ‘‘Written/Paper
                                                treatment or prevention of CMV disease                                                                        Submissions’’ and ‘‘Instructions’’).
                                                                                                        AGENCY:    Food and Drug Administration,
                                                in post-transplant populations. This                    HHS.                                                  Written/Paper Submissions
                                                guidance does not address drug                          ACTION:   Notice.                                        Submit written/paper submissions as
                                                development for the prevention or                                                                             follows:
                                                treatment of congenital CMV infection                   SUMMARY:   The Food and Drug                             • Mail/Hand delivery/Courier (for
                                                or CMV infection in patients other than                 Administration (FDA or Agency) is                     written/paper submissions): Dockets
                                                those undergoing SOT or HSCT.                           announcing an opportunity for public                  Management Staff (HFA–305), Food and
                                                   This guidance also discusses the use                 comment on the proposed collection of                 Drug Administration, 5630 Fishers
                                                of CMV DNAemia (CMV                                     certain information by the Agency.                    Lane, Rm. 1061, Rockville, MD 20852.
                                                deoxyribonucleic acid in blood                          Under the Paperwork Reduction Act of                     • For written/paper comments
                                                                                                        1995 (PRA), Federal Agencies are                      submitted to the Dockets Management
                                                determined by polymerase chain
                                                                                                        required to publish notice in the                     Staff, FDA will post your comment, as
                                                reaction, an indirect measure of CMV
                                                                                                        Federal Register concerning each                      well as any attachments, except for
                                                viremia) as a surrogate endpoint in trials
                                                                                                        proposed collection of information and                information submitted, marked and
                                                designed to support accelerated
                                                                                                        to allow 60 days for public comment in                identified, as confidential, if submitted
                                                approval.                                               response to the notice. This notice                   as detailed in ‘‘Instructions.’’
                                                   This draft guidance is being issued                  solicits comments on the investigation                   Instructions: All submissions received
                                                consistent with FDA’s good guidance                     of consumer perceptions of expressed                  must include the Docket No. FDA–
                                                practices regulation (21 CFR 10.115).                   modified risk claims.                                 2018–N–0821 for ‘‘Investigation of
                                                The draft guidance, when finalized, will                DATES: Submit either electronic or                    Consumer Perceptions of Expressed
                                                represent the current thinking of FDA                   written comments on the collection of                 Modified Risk Claims.’’ Received
                                                on developing drugs to treat or prevent                 information by July 20, 2018.                         comments, those filed in a timely
                                                CMV disease in transplantation. It does                 ADDRESSES: You may submit comments                    manner (see ADDRESSES), will be placed
                                                not establish any rights for any person                 as follows. Please note that late,                    in the docket and, except for those
                                                and is not binding on FDA or the public.                untimely filed comments will not be                   submitted as ‘‘Confidential
                                                You can use an alternative approach if                  considered. Electronic comments must                  Submissions,’’ publicly viewable at
                                                it satisfies the requirements of the                    be submitted on or before July 20, 2018.              https://www.regulations.gov or at the
                                                applicable statutes and regulations. This               The https://www.regulations.gov                       Dockets Management Staff between 9
                                                guidance is not subject to Executive                    electronic filing system will accept                  a.m. and 4 p.m., Monday through
                                                Order 12866.                                            comments until midnight Eastern Time                  Friday.
                                                                                                        at the end of July 20, 2018. Comments                    • Confidential Submissions—To
                                                II. Paperwork Reduction Act of 1995                                                                           submit a comment with confidential
                                                                                                        received by mail/hand delivery/courier
                                                                                                        (for written/paper submissions) will be               information that you do not wish to be
                                                  This draft guidance refers to
                                                                                                        considered timely if they are                         made publicly available, submit your
                                                previously approved collections of
                                                                                                        postmarked or the delivery service                    comments only as a written/paper
                                                information that are subject to review by
                                                                                                        acceptance receipt is on or before that               submission. You should submit two
                                                the Office of Management and Budget
                                                                                                        date.                                                 copies total. One copy will include the
                                                (OMB) under the Paperwork Reduction                                                                           information you claim to be confidential
                                                Act of 1995 (44 U.S.C. 3501–3520). The                  Electronic Submissions                                with a heading or cover note that states
                                                collections of information in 21 CFR                                                                          ‘‘THIS DOCUMENT CONTAINS
                                                                                                          Submit electronic comments in the
                                                parts 312 and 314 have been approved                                                                          CONFIDENTIAL INFORMATION.’’ The
                                                                                                        following way:
                                                under OMB control numbers 0910–0014                       • Federal eRulemaking Portal:                       Agency will review this copy, including
                                                and 0910–0001, respectively.                            https://www.regulations.gov. Follow the               the claimed confidential information, in
                                                III. Electronic Access                                  instructions for submitting comments.                 its consideration of comments. The
                                                                                                        Comments submitted electronically,                    second copy, which will have the
                                                  Persons with access to the internet                   including attachments, to https://                    claimed confidential information
                                                may obtain the draft guidance at either                 www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                https://www.fda.gov/Drugs/Guidance                      the docket unchanged. Because your                    for public viewing and posted on
                                                ComplianceRegulatoryInformation/                        comment will be made public, you are                  https://www.regulations.gov. Submit
                                                Guidances/default.htm or https://                       solely responsible for ensuring that your             both copies to the Dockets Management
sradovich on DSK3GMQ082PROD with NOTICES




                                                www.regulations.gov.                                    comment does not include any                          Staff. If you do not wish your name and
                                                  Dated: May 15, 2018.                                  confidential information that you or a                contact information to be made publicly
                                                                                                        third party may not wish to be posted,                available, you can provide this
                                                Leslie Kux,
                                                                                                        such as medical information, your or                  information on the cover sheet and not
                                                Associate Commissioner for Policy.                      anyone else’s Social Security number, or              in the body of your comments and you
                                                [FR Doc. 2018–10733 Filed 5–18–18; 8:45 am]             confidential business information, such               must identify this information as
                                                BILLING CODE 4164–01–P                                  as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked


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                                                                                Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices                                             23465

                                                as ‘‘confidential’’ will not be disclosed               when appropriate, and other forms of                  (section 911(g)(2) of the FD&C Act). In
                                                except in accordance with 21 CFR 10.20                  information technology.                               addition, section 911 of the FD&C Act
                                                and other applicable disclosure law. For                                                                      requires that any advertising or labeling
                                                                                                        Investigation of Consumer Perceptions
                                                more information about FDA’s posting                                                                          concerning modified risk products
                                                                                                        of Expressed Modified Risk Claims
                                                of comments to public dockets, see 80                                                                         enable the public to comprehend the
                                                FR 56469, September 18, 2015, or access                 OMB Control Number 0910—NEW                           information concerning modified risk
                                                the information at: https://www.gpo.gov/                   FDA’s Center for Tobacco Products                  and to understand the relative
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       proposes to conduct a study to develop                significance of such information in the
                                                23389.pdf.                                              generalizable scientific knowledge to                 context of total health and in relation to
                                                   Docket: For access to the docket to                  help inform its implementation of                     all the diseases and health-related
                                                read background documents or the                        section 911 of the Federal Food, Drug,                conditions associated with the use of
                                                electronic and written/paper comments                   and Cosmetic Act (FD&C Act) (21 U.S.C.                tobacco products (section 911(h)(1) of
                                                received, go to https://                                387k), wherein FDA will be evaluating                 the FD&C Act). The proposed research
                                                www.regulations.gov and insert the                      information submitted to the Agency                   will inform the Agency’s efforts to
                                                docket number, found in brackets in the                 about how consumers understand and                    implement the provisions of the FD&C
                                                heading of this document, into the                      perceive modified risk tobacco products               Act related to MRTPs.
                                                ‘‘Search’’ box and follow the prompts                   (MRTPs). Section 911 of the FD&C Act                     FDA proposes conducting a study to
                                                and/or go to the Dockets Management                     authorizes FDA to grant orders to                     assist in determining appropriate
                                                Staff, 5630 Fishers Lane, Rm. 1061,                                                                           methods for gathering information about
                                                                                                        persons to allow the marketing of
                                                Rockville, MD 20852.                                                                                          how consumers perceive and
                                                                                                        MRTPs. The term ‘‘modified risk
                                                                                                                                                              understand modified risk information.
                                                FOR FURTHER INFORMATION CONTACT:                        tobacco product’’ means any tobacco
                                                                                                                                                              The study would develop and validate
                                                Amber Sanford, Office of Operations,                    product that is sold or distributed for
                                                                                                                                                              measures of consumer perceptions of
                                                Food and Drug Administration, Three                     use to reduce harm or the risk of
                                                                                                                                                              health risk from using tobacco products.
                                                White Flint North, 10A–12M, 11601                       tobacco-related disease associated with
                                                                                                                                                              Moreover, the study would test how
                                                Landsdown St., North Bethesda, MD                       commercially marketed tobacco
                                                                                                                                                              participants’ responses on these
                                                20852, 301–796–8867, PRAStaff@                          products. FDA can issue a risk
                                                                                                                                                              measures are affected by viewing
                                                fda.hhs.gov.                                            modification order under section
                                                                                                                                                              modified risk labeling or advertising,
                                                                                                        911(g)(1) of the FD&C Act authorizing                 participants’ characteristics such as
                                                SUPPLEMENTARY INFORMATION:       Under the              the marketing of a MRTP only if the
                                                PRA (44 U.S.C. 3501–3520), Federal                                                                            prior beliefs about the harmfulness of
                                                                                                        Agency determines that the product, as                tobacco products, current use of tobacco
                                                Agencies must obtain approval from the                  it is used by consumers, will
                                                Office of Management and Budget                                                                               products, and sociodemographic
                                                                                                        significantly reduce harm and the risk of             characteristics. Finally, the study would
                                                (OMB) for each collection of                            tobacco-related disease to individual                 examine factors that may influence the
                                                information they conduct or sponsor.                    tobacco users and benefit the health of               effectiveness of debriefing at the end of
                                                ‘‘Collection of information’’ is defined                the population as a whole, taking into                a consumer perception study to ensure
                                                in 44 U.S.C. 3502(3) and 5 CFR                          account both users of tobacco products                that people read and recall key
                                                1320.3(c) and includes Agency requests                  and persons who do not currently use                  information about the study. This
                                                or requirements that members of the                     tobacco products (section 911(g)(1) of                research is significant because it will
                                                public submit reports, keep records, or                 the FD&C Act). Alternatively, with                    validate methods that can be used in
                                                provide information to a third party.                   respect to tobacco products that may not              studies of the impact of labels, labeling,
                                                Section 3506(c)(2)(A) of the PRA (44                    be commercially marketed under                        and advertising on consumer
                                                U.S.C. 3506(c)(2)(A)) requires Federal                  section 911(g)(1) of the FD&C Act, FDA                perceptions and understanding of the
                                                Agencies to provide a 60-day notice in                  may issue an exposure modification                    risks of product use.
                                                the Federal Register concerning each                    order under section 911(g)(2) of the                     Measures of consumer health risk
                                                proposed collection of information                      FD&C Act authorizing the marketing of                 perception will be developed and
                                                before submitting the collection to OMB                 a MRTP if, the Agency determines that                 validated by conducting a study on two
                                                for approval. To comply with this                       the standard in section 911(g)(2) of the              product types: Moist snuff smokeless
                                                requirement, FDA is publishing notice                   FD&C Act is met, including, among                     tobacco products and electronic
                                                of the proposed collection of                           other requirements, that: Any aspect of               cigarette (e-cigarette) products. For each
                                                information set forth in this document.                 the label, labeling, or advertising that              product type, we will assess individual-
                                                   With respect to the following                        would cause the product to be an MRTP                 level factors that may moderate the
                                                collection of information, FDA invites                  is limited to an explicit or implicit                 impact of modified risk information on
                                                comments on these topics: (1) Whether                   representation that the tobacco product               consumer responses. Potential
                                                the proposed collection of information                  or its smoke does not contain or is free              moderating factors under study include:
                                                is necessary for the proper performance                 of a substance or contains a reduced                  Beliefs (prior to viewing the modified
                                                of FDA’s functions, including whether                   level of a substance, or presents a                   risk information) about the harmfulness
                                                the information will have practical                     reduced exposure to a substance in                    of tobacco products, and the strength
                                                utility; (2) the accuracy of FDA’s                      tobacco smoke; the order would be                     with which those beliefs are held;
                                                estimate of the burden of the proposed                  appropriate to promote the public                     current tobacco use behaviors; and
                                                collection of information, including the                health; the issuance of the order is                  sociodemographic characteristics
                                                validity of the methodology and                         expected to benefit the population as a
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              including age and educational
                                                assumptions used; (3) ways to enhance                   whole taking into account both users                  attainment. For each product type,
                                                the quality, utility, and clarity of the                and nonusers of tobacco products; and                 participants will be randomized to view
                                                information to be collected; and (4)                    the existing evidence demonstrates that               one of two conditions: Tobacco product
                                                ways to minimize the burden of the                      a measurable and substantial reduction                labeling and advertising that either does
                                                collection of information on                            in morbidity and mortality among                      or does not contain modified risk claims
                                                respondents, including through the use                  individual tobacco users is reasonably                about a product. The labeling will
                                                of automated collection techniques,                     likely to be shown in subsequent studies              consist of a product package. The


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                                                23466                                     Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices

                                                advertising will consist of a print                                       smoking cigarettes, using nicotine                                          products are harmful to users’ health.
                                                advertisement. The study will assess                                      replacement therapies, and quitting all                                     Measures of intentions and doubt will
                                                participants’ perceptions of various                                      tobacco and nicotine products. The                                          be used to help assess the validity of the
                                                health risks from using the product, as                                   study will also assess participants’                                        measures of health risk perception.
                                                well as their perceptions of health risk                                  intentions to use the product and their                                       FDA estimates the burden of this
                                                from using the product compared to                                        level of doubt about whether tobacco                                        collection of information as follows:

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

                                                Invitation: Young Adults (Ages 18–25) ................................                                  29,000                              1                  29,000                        0.02                580
                                                Invitation: Adults (Ages 26+) ...............................................                           29,000                              1                  29,000                        0.02                580
                                                Consent and Screener: Young Adults (Ages 18–25) ..........                                              11,000                              1                  11,000                        0.10              1,100
                                                Consent and Screener: Adults (Ages 26+) .........................                                       16,500                              1                  16,500                        0.10              1,650
                                                Study: Young Adults (Ages 18–25) .....................................                                   3,300                              1                   3,300                        0.33              1,089
                                                Study: Adults (Ages 26+) .....................................................                           3,300                              1                   3,300                        0.33              1,089

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................          6,088
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   FDA’s burden estimate is based on                                      committee is to provide advice and                                          modifications before coming to the
                                                prior experience with research that is                                    recommendations to the Agency on                                            meeting. For those unable to attend in
                                                similar to this proposed study.                                           FDA’s regulatory issues. At least one                                       person, the meeting will also be
                                                Approximately 58,000 people will                                          portion of the meeting will be closed to                                    available via webcast. The webcast will
                                                receive a study invitation, estimated to                                  the public.                                                                 be available at the following link:
                                                take 1 minute to read (approximately                                      DATES: The meeting will be held on June                                     https://collaboration.fda.gov/bpac0618/.
                                                0.02 hours), for a total of 1,160 hours for                               22, 2018, from 11 a.m. to 4:20 p.m.                                         SUPPLEMENTARY INFORMATION:
                                                invitations. Approximately 27,500                                         ADDRESSES: Great Room A, Building 31,                                          Agenda: On June 22, 2018, in the
                                                people will complete the informed                                         FDA White Oak Campus, 10903 New                                             morning open session, under Topic 1,
                                                consent and screener to determine                                         Hampshire Ave., Silver Spring, MD                                           the Committee will hear presentations
                                                eligibility for participation in the study,                               20993. Answers to commonly asked                                            on the research programs in the
                                                estimated to take 6 minutes (0.10 hours),                                 questions including information                                             Laboratory of Emerging Pathogens
                                                for a total of 2,750 hours for informed                                   regarding special accommodations due                                        (LEP), Laboratory of bacterial and TSE
                                                consent and screening activities.                                         to a disability, visitor parking, and                                       Agents (LBTSE), and from the
                                                Approximately 6,600 people will                                           transportation may be accessed at:                                          Laboratory of Molecular Virology (LMV)
                                                complete the full study, estimated to                                     https://www.fda.gov/Advisory                                                in the Division of Emerging
                                                take 20 minutes (approximately 0.33                                       Committees/AboutAdvisoryCommittees/                                         Transfusion-Transmitted Diseases
                                                hours), for a total of 2,178 hours for                                    ucm408555.htm.                                                              (DETTD), Office of Blood Research and
                                                study completion activities. The                                                                                                                      Review (OBRR), Center for Biologics
                                                estimated total hour burden of the                                        FOR FURTHER INFORMATION CONTACT:                                            Evaluation and Research (CBER), FDA.
                                                collection of information is 6,088 hours.                                 Bryan Emery or Joanne Lipkind,                                              After the conclusion of the open
                                                                                                                          Division of Scientific Advisors and                                         session, the meeting will be closed to
                                                  Dated: May 15, 2018.
                                                                                                                          Consultants, Center for Biologics                                           permit discussion where disclosure
                                                Leslie Kux,                                                               Evaluation and Research, Food and                                           would constitute an unwarranted
                                                Associate Commissioner for Policy.                                        Drug Administration, 10903 New                                              invasion of personal privacy in
                                                [FR Doc. 2018–10723 Filed 5–18–18; 8:45 am]                               Hampshire Ave., Silver Spring, MD                                           accordance with 5 U.S.C. 552b(c)(6).
                                                BILLING CODE 4164–01–P                                                    20993–0002, Bldg. 71, Rm. 6132, at 240–                                        In the afternoon, in open session,
                                                                                                                          402–8054, bryan.emery@fda.hhs.gov                                           under Topic II, the Committee will hear
                                                                                                                          and Rm. 6270, at 240–402–8106,                                              presentations on the research program
                                                DEPARTMENT OF HEALTH AND                                                  joanne.lipkind@fda.hhs.gov,                                                 in the Hemostasis Branch (HB), in the
                                                HUMAN SERVICES                                                            respectively, or FDA Advisory                                               Division of Plasma Protein Therapeutics
                                                                                                                          Committee Information Line, 1–800–                                          (DPPT), Office of Tissues and Advanced
                                                Food and Drug Administration
                                                                                                                          741–8138 (301–443–0572 in the                                               Therapies (OTAT), Center for Biologics
                                                [Docket No. FDA–2018–N–1708]                                              Washington, DC area). A notice in the                                       Evaluation and Research (CBER), FDA.
                                                                                                                          Federal Register about last minute                                          After the open session, the meeting will
                                                Blood Products Advisory Committee;                                        modifications that impact a previously                                      be closed to the public to permit
                                                Notice of Meeting                                                         announced advisory committee meeting                                        discussion where disclosure would
                                                AGENCY:      Food and Drug Administration,                                cannot always be published quickly                                          constitute an unwarranted invasion of
                                                                                                                          enough to provide timely notice.
sradovich on DSK3GMQ082PROD with NOTICES




                                                HHS.                                                                                                                                                  personal privacy in accordance with 5
                                                ACTION:     Notice.                                                       Therefore, you should always check the                                      U.S.C. 552.b(c)(6).
                                                                                                                          Agency’s website at https://                                                   FDA intends to make background
                                                SUMMARY:  The Food and Drug                                               www.fda.gov/AdvisoryCommittees/                                             material available to the public no later
                                                Administration (FDA) announces a                                          default.htm and scroll down to the                                          than 2 business days before the meeting.
                                                forthcoming public advisory committee                                     appropriate advisory committee meeting                                      If FDA is unable to post the background
                                                meeting of the Blood Products Advisory                                    link, or call the advisory committee                                        material on its website prior to the
                                                Committee. The general function of the                                    information line to learn about possible                                    meeting, the background material will


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Document Created: 2018-11-02 11:08:22
Document Modified: 2018-11-02 11:08:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by July 20, 2018.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation83 FR 23464 

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