83_FR_48812 83 FR 48625 - Agency Information Collection Activities; Proposed Collection; Comment Request; Experimental Study of Cigarette Warnings

83 FR 48625 - Agency Information Collection Activities; Proposed Collection; Comment Request; Experimental Study of Cigarette Warnings

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range48625-48628
FR Document2018-20913

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 an experimental study of cigarette warnings that is being conducted in support of the graphic label statement provision of the Family Smoking Prevention and Tobacco Control Act (the Tobacco Control Act).

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48625-48628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20913]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3552]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Experimental Study of Cigarette Warnings

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 an experimental study of cigarette warnings that 
is being conducted in support of the graphic label statement provision 
of the Family Smoking Prevention and Tobacco Control Act (the Tobacco 
Control Act).

DATES: Submit either electronic or written comments on the collection 
of information by November 26, 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 November 26, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of November 26, 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-3552 for ``Experimental Study of Cigarette Warnings.'' 
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

[[Page 48626]]

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 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, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information before 
submitting the collection to OMB for approval. To comply with this 
requirement, FDA is publishing notice of the proposed collection of 
information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.
Experimental Study of Cigarette Warnings
OMB Control Number 0910--NEW

I. Background

    The Tobacco Control Act (Pub. L. 111-31) amends the Federal Food, 
Drug, and Cosmetic Act to grant FDA authority to regulate the 
manufacture, marketing, and distribution of tobacco products to protect 
the public health and to reduce tobacco use by minors. Section 201 of 
the Tobacco Control Act amends section 4 of the Federal Cigarette 
Labeling and Advertising Act (FCLAA) (15 U.S.C. 1333) to require FDA to 
issue regulations that require color graphics depicting the negative 
health consequences of smoking to accompany the label statements 
specified in subsection 4(a)(1) of the FCLAA. Section 202(b) of the 
Tobacco Control Act further amends section 4 of the FCLAA by adding 
that the Secretary of Health and Human Services (Secretary), through 
notice and comment rulemaking, may adjust the text of any of the label 
requirements if the Secretary finds that such a change would promote 
greater public understanding of the risks associated with the use of 
tobacco products.
    In the Federal Register of June 22, 2011 (76 FR 36628), FDA issued 
a final rule entitled ``Required Warnings for Cigarette Packages and 
Advertisements,'' which specified nine images to accompany new textual 
warning statements for cigarettes. Although the rule was scheduled to 
become effective 15 months after it was issued, a panel of the U.S. 
Court of Appeals of the District of Columbia held, on August 24, 2012, 
that the rule in its current form violated the First Amendment. In a 
letter to Congress on March 15, 2013, the Attorney General reported 
FDA's intention to undertake research to support a new rulemaking 
consistent with the Tobacco Control Act. Various phases of research 
have been underway since 2013. The next phase of the research includes 
the study proposed here, which is an effort by FDA to collect data 
concerning responses to cigarette warnings placed on cigarette packages 
and advertisements for cigarettes.
    The health risks associated with the use of cigarettes are 
significant and far-reaching. Cigarette smoking is the leading cause of 
preventable disease and death in the United States and is responsible 
for more than 480,000 deaths per year. Smoking causes more deaths each 
year than human immunodeficiency virus, illegal drug use, alcohol use, 
motor vehicle injuries, and firearm-related incidents combined (Ref. 
1). In addition to lung cancer, heart disease, and chronic obstructive 
pulmonary disease, smoking also causes numerous other serious health 
conditions including several types of cancer, premature birth, low 
birth weight, respiratory illnesses, clogged arteries, reduced blood 
flow, diabetes, and vision conditions such as age-related macular 
degeneration and cataracts (Ref. 2).
    Approximately 37.8 million U.S. adults smoke cigarettes (Ref. 3) 
and 8.6 million Americans have at least one serious illness caused by 
smoking cigarettes (Ref. 4). Results from the 2016 National Survey on 
Drug Use and Health demonstrate that, each day in the United States, 
more than 2,300 youth under age 18 smoke their first cigarette, and 
nearly 400 youth become daily cigarette smokers (Ref. 5). If the 
current trajectory of smoking rates continues, 5.6 million children 
alive today will die prematurely as a result of smoking (Ref. 2). 
Providing the public with accurate information regarding the health 
consequences of cigarette use is critical in achieving FDA's mission to 
protect the public health.
    This Experimental Study of Cigarette Warnings is a voluntary online 
experiment. The purpose of the study is to assess whether new cigarette 
warnings increase public understanding of the negative health 
consequences of cigarette smoking. The study will collect

[[Page 48627]]

data from various groups of consumers, including adolescent current 
cigarette smokers aged 13 to 17 years, adolescent non-smokers who are 
susceptible to initiation of cigarette smoking aged 13 to 17 years, 
young adult current cigarette smokers and non-smokers aged 18 to 24 
years, and older adult current cigarette smokers and non-smokers aged 
25 years and older. The results will inform the Agency's efforts to 
implement the mandatory graphic warning label statements as required by 
section 4(d) of FCLAA.
    Study Overview: In this study, adolescent current cigarette 
smokers, adolescent non-smokers who are susceptible to initiation of 
cigarette smoking, young adult current cigarette smokers and non-
smokers, and older adult current cigarette smokers and non-smokers will 
be recruited from an existing internet panel of more than 1.2 million 
people and screened for inclusion into the study. Participants who meet 
the inclusion criteria will be randomized into 1 of 17 conditions. In 
each condition, respondents will view one cigarette warning. In the 16 
treatment conditions, participants will view 1 graphic health warning, 
containing a warning statement accompanied by a concordant color 
graphic depicting the negative health consequences of smoking described 
in the statement. In the control condition, participants will be 
randomized to view one of the four current Surgeon General's warnings, 
representing the current state of cigarette warnings in the United 
States. In all conditions, participants will view their assigned 
warnings both on a mock cigarette package and a mock cigarette 
advertisement, presented in a randomized order.
    There will be three sessions. During Session 1, participants will 
complete a baseline assessment about their beliefs about the negative 
health consequences of cigarette smoking. Next, they will be exposed to 
the stimuli (i.e., the warning based on condition assignment) and 
complete a set of items assessing (a) if the information presented in 
the warning was new; (b) self-reported learning from the warning; (c) 
if the warning was easy to understand; (d) if the warning was perceived 
to be a fact or an opinion; (e) if the warning was informative; (f) if 
the warning grabbed their attention; and (g) if the warning made them 
think about the health risks of cigarette smoking. During Session 2 (1 
to 2 days after Session 1), participants will be exposed to the same 
stimuli again (i.e., the warning based on condition assignment from 
Session 1), and complete a set of items assessing beliefs about the 
negative health consequences caused by cigarette smoking. During 
Session 3 (approximately 14 days after Session 2), participants will 
complete a delayed post-test on beliefs about the negative health 
consequences caused by cigarette smoking and items assessing recall of 
the warning.
    Prior to the main data collection, 2 sequential pretests, each with 
50 participants, will take place to ensure correct programming of 
Session 1 and to identify any issues with the study design and 
implementation.
    Study outcomes include comparisons to assess the extent to which 
exposure to the graphic health warnings, relative to the text-only 
Surgeon General's warnings, provide new information, increase self-
reported learning, change beliefs about the negative health 
consequences of cigarette smoking, increase thinking about the risks of 
smoking, as well as the extent to which the warnings are informative, 
easy to understand, factual, attention grabbing, and recalled.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses    per response \2\
----------------------------------------------------------------------------------------------------------------
Adult--Screener for pretest...             456               1             456  0.03 hours (2                 14
                                                                                 minutes).
Adult--Pretest................              68               1              68  0.20 hours (12                14
                                                                                 minutes).
Adult--Screener for main data           51,054               1          51,054  0.03 hours (2              1,532
 collection.                                                                     minutes).
Adult--Main data collection (3           7,460               1           7,460  0.42 hours (25             3,133
 sessions).                                                                      minutes).
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total Adult Hours.............  ..............  ..............  ..............  ................           4,693
Adolescent--Screener for                   410               1             410  0.03 hours (2                 12
 pretest.                                                                        minutes).
Adolescent--Pretest...........              32               1              32  0.20 hours (12                 6
                                                                                 minutes).
Adolescent--Screener for main           29,487               1          29,487  0.03 hours (2                885
 data collection.                                                                minutes).
Adolescent--Main data                    2,300               1           2,300  0.42 hours (25               966
 collection (3 sessions).                                                        minutes).
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Total Adolescent Hours........  ..............  ..............  ..............  ................           1,869
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total Burden Hours........  ..............  ..............  ..............  ................           6,562
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ The hours per response are rounded to two decimal places.

    FDA's burden estimate is based on prior experience with research 
that is similar to this proposed study (OMB control number 0910-0848). 
Screening potential participants for the 2 pretests will occur with 866 
respondents (456 adults and 410 adolescents) identified and recruited 
through the internet panel. Participants will complete the screening 
questionnaire through an email invitation. This brief screening will 
take an average of 2 minutes (0.03 hours) per respondent. If, based on 
this screening, participants qualify for the study, they will be 
automatically directed to begin the pretest. As previously mentioned, 
each of the 2 pretests conducted will consist of 50 respondents (34 
adults and 16 adolescents in each) (100 total) during a single session 
and, we estimate an average of 12 minutes (0.20 hours) per respondent.
    Screening potential participants for the main data collection will 
occur with 80,541 respondents (51,054 adults and 29,487 adolescents) 
identified and

[[Page 48628]]

recruited through the same internet panel as used for the pretests. 
Participants will complete the screener questionnaire through an email 
invitation. This brief screening will take an average of 2 minutes 
(0.03 hours) per respondent. If, based on this screening, participants 
qualify for the study, they will be directed to begin Session 1. Recent 
national estimates of the numbers of adolescent current cigarette 
smokers, adolescents who are susceptible to initiation of cigarette 
smoking, young adult current cigarette smokers, and older adult current 
cigarette smokers informed the estimates of 14.6 percent qualification 
rate for adults and 7.8 percent qualification rate for adolescents. 
Applying these estimates and other assumptions from previous experience 
conducting similar studies to the number of adolescents and adults to 
be screened results in the desired sample size for the main data 
collection of 9,760 participants, of which 7,460 will be adults and 
2,300 will be adolescents. The three sessions of the main data 
collection will take an average of 12 minutes (0.20 hours) for Session 
1, 8 minutes (0.13 hours) for Session 2, and 5 minutes (0.08 hours) for 
Session 3, for a total of an estimated 25 minutes (0.42 hours) per 
respondent. The total estimated burden for the data collection is 6,561 
hours (4,692 hours for adults + 1,869 hours for adolescents).

II. References

    The following references are on display at the Dockets Management 
Staff (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at https://www.regulations.gov.

1. Murphy, S.L., J. Xu, K.D. Kochanek. ``Deaths: Final Data for 
2010''. National Vital Statistics Reports, 61(4):37-41, 2013.
2. U.S. Department of Health and Human Services. ``The Health 
Consequences of Smoking: 50 Years of Progress. A Report of the 
Surgeon General.'' Atlanta, GA: U.S. Department of Health and Human 
Services, Centers for Disease Control and Prevention, National 
Center for Chronic Disease Prevention and Health Promotion, Office 
on Smoking and Health; 2014.
3. Jamal, A., E. Phillips, A.S. Gentzke, et al. ``Current Cigarette 
Smoking Among Adults--United States, 2016''. MMWR Morbidity and 
Mortality Weekly Report, 67:53-59, 2018.
4. Centers for Disease Control and Prevention. ``Cigarette Smoking-
Attributable Morbidity--United States, 2000''. MMWR Morbidity and 
Mortality Weekly Report, 52(35):842-844, 2003
5. Substance Abuse and Mental Health Services Administration 
(SAMHSA). See Table 4.10A in '' 2016 National Survey on Drug Use and 
Health: Detailed Tables.'' Rockville, MD: U.S. Department of Health 
and Human Services, SAMHSA, Center for Behavioral Health Statistics 
and Quality; 2017.

    Dated: September 21, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20913 Filed 9-25-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                       Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices                                          48625

                                               number: 021030004, SWIFT Number:                          Step Four—Please submit your                        be submitted on or before November 26,
                                               FRNYUS33.                                               application and a copy of the completed               2018. The https://www.regulations.gov
                                                  To send a check by a courier such as                 Animal Drug User Fee Cover Sheet to                   electronic filing system will accept
                                               Federal Express, the courier must                       the following address: Food and Drug                  comments until 11:59 p.m. Eastern Time
                                               deliver the check and printed copy of                   Administration, Center for Veterinary                 at the end of November 26, 2018.
                                               the cover sheet to: U.S. Bank, Attn:                    Medicine, Document Control Unit                       Comments received by mail/hand
                                               Government Lockbox 979033, 1005                         (HFV–199), 7500 Standish Pl.,                         delivery/courier (for written/paper
                                               Convention Plaza, St. Louis, MO 63101.                  Rockville, MD 20855.                                  submissions) will be considered timely
                                               (Note: This address is for courier                                                                            if they are postmarked or the delivery
                                               delivery only. If you have any questions                C. Product, Establishment, and Sponsor
                                                                                                                                                             service acceptance receipt is on or
                                               concerning courier delivery, contact                    Fees
                                                                                                                                                             before that date.
                                               U.S. Bank at 314–418–4013. This                            By December 31, 2018, FDA will issue
                                               telephone number is only for questions                  invoices and payment instructions for                 Electronic Submissions
                                               about courier delivery.)                                product, establishment, and sponsor                     Submit electronic comments in the
                                                  It is important that the fee arrives at              fees for FY 2019 using this fee schedule.             following way:
                                               the bank at least a day or two before the               Payment will be due by January 31,                      • Federal eRulemaking Portal:
                                               application arrives at FDA’s CVM. FDA                   2019. FDA will issue invoices in                      https://www.regulations.gov. Follow the
                                               records the official application receipt                November 2019 for any products,                       instructions for submitting comments.
                                               date as the later of the following: The                 establishments, and sponsors subject to               Comments submitted electronically,
                                               date the application was received by                    fees for FY 2019 that qualify for fees                including attachments, to https://
                                               FDA’s CVM, or the date U.S. Bank                        after the December 2018 billing.                      www.regulations.gov will be posted to
                                               notifies FDA that your payment in the                                                                         the docket unchanged. Because your
                                                                                                         Dated: September 20, 2018.
                                               full amount has been received, or when                                                                        comment will be made public, you are
                                               the U.S. Treasury notifies FDA of                       Leslie Kux,
                                                                                                                                                             solely responsible for ensuring that your
                                               receipt of an electronic or wire transfer               Associate Commissioner for Policy.                    comment does not include any
                                               payment. U.S. Bank and the U.S.                         [FR Doc. 2018–20911 Filed 9–25–18; 8:45 am]           confidential information that you or a
                                               Treasury are required to notify FDA                     BILLING CODE 4164–01–P                                third party may not wish to be posted,
                                               within 1 working day, using the PIN                                                                           such as medical information, your or
                                               described previously.                                                                                         anyone else’s Social Security number, or
                                                  The tax identification number of FDA                 DEPARTMENT OF HEALTH AND                              confidential business information, such
                                               is 53–0196965. (Note: In no case should                 HUMAN SERVICES                                        as a manufacturing process. Please note
                                               the payment for the fee be submitted to                                                                       that if you include your name, contact
                                               FDA with the application.)                              Food and Drug Administration
                                                                                                                                                             information, or other information that
                                               B. Application Cover Sheet Procedures                   [Docket No. FDA–2018–N–3552]                          identifies you in the body of your
                                                                                                                                                             comments, that information will be
                                                  Step One—Create a user account and                   Agency Information Collection                         posted on https://www.regulations.gov.
                                               password. Log on to the ADUFA website                   Activities; Proposed Collection;                        • If you want to submit a comment
                                               at https://www.fda.gov/ForIndustry/                     Comment Request; Experimental                         with confidential information that you
                                               UserFees/AnimalDrugUserFeeAct                           Study of Cigarette Warnings                           do not wish to be made available to the
                                               ADUFA/default.htm and, under Tools                                                                            public, submit the comment as a
                                               and Resources, click ‘‘The Animal Drug                  AGENCY:    Food and Drug Administration,
                                                                                                       HHS.                                                  written/paper submission and in the
                                               User Fee Cover Sheet’’ and then select                                                                        manner detailed (see ‘‘Written/Paper
                                               ‘‘Create ADUFA User Fee Cover Sheet.’’                  ACTION:   Notice.
                                                                                                                                                             Submissions’’ and ‘‘Instructions’’).
                                               For security reasons, each firm
                                                                                                       SUMMARY:   The Food and Drug                          Written/Paper Submissions
                                               submitting an application will be
                                                                                                       Administration (FDA or Agency) is
                                               assigned an organization identification                                                                         Submit written/paper submissions as
                                                                                                       announcing an opportunity for public
                                               number, and each user will also be                                                                            follows:
                                                                                                       comment on the proposed collection of
                                               required to set up a user account and                                                                           • Mail/Hand Delivery/Courier (for
                                                                                                       certain information by the Agency.
                                               password the first time you use this site.                                                                    written/paper submissions): Dockets
                                                                                                       Under the Paperwork Reduction Act of
                                               Online instructions will walk you                                                                             Management Staff (HFA–305), Food and
                                                                                                       1995 (PRA), Federal Agencies are
                                               through this process.                                                                                         Drug Administration, 5630 Fishers
                                                  Step Two—Create an Animal Drug                       required to publish notice in the
                                                                                                                                                             Lane, Rm. 1061, Rockville, MD 20852.
                                               User Fee Cover Sheet, transmit it to                    Federal Register concerning each                        • For written/paper comments
                                               FDA, and print a copy. After logging                    proposed collection of information and                submitted to the Dockets Management
                                               into your account with your user name                   to allow 60 days for public comment in                Staff, FDA will post your comment, as
                                               and password, complete the steps                        response to the notice. This notice                   well as any attachments, except for
                                               required to create an Animal Drug User                  solicits comments on an experimental                  information submitted, marked and
                                               Fee Cover Sheet. One cover sheet is                     study of cigarette warnings that is being             identified, as confidential, if submitted
                                               needed for each animal drug application                 conducted in support of the graphic                   as detailed in ‘‘Instructions.’’
                                               or supplement. Once you are satisfied                   label statement provision of the Family                 Instructions: All submissions received
                                               that the data on the cover sheet are                    Smoking Prevention and Tobacco                        must include the Docket No. FDA–
                                               accurate and you have finalized the                     Control Act (the Tobacco Control Act).                2018–N–3552 for ‘‘Experimental Study
daltland on DSKBBV9HB2PROD with NOTICES




                                               cover sheet, you will be able to transmit               DATES: Submit either electronic or                    of Cigarette Warnings.’’ Received
                                               it electronically to FDA and you will be                written comments on the collection of                 comments, those filed in a timely
                                               able to print a copy of your cover sheet                information by November 26, 2018.                     manner (see ADDRESSES), will be placed
                                               showing your unique PIN.                                ADDRESSES: You may submit comments                    in the docket and, except for those
                                                  Step Three—Send the payment for                      as follows. Please note that late,                    submitted as ‘‘Confidential
                                               your application as described in section                untimely filed comments will not be                   Submissions,’’ publicly viewable at
                                               IX.A of this document.                                  considered. Electronic comments must                  https://www.regulations.gov or at the


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                                               48626                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices

                                               Dockets Management Staff between 9                      provide information to a third party.                 images to accompany new textual
                                               a.m. and 4 p.m., Monday through                         Section 3506(c)(2)(A) of the PRA (44                  warning statements for cigarettes.
                                               Friday.                                                 U.S.C. 3506(c)(2)(A)) requires Federal                Although the rule was scheduled to
                                                  • Confidential Submissions—To                        Agencies to provide a 60-day notice in                become effective 15 months after it was
                                               submit a comment with confidential                      the Federal Register concerning each                  issued, a panel of the U.S. Court of
                                               information that you do not wish to be                  proposed collection of information                    Appeals of the District of Columbia
                                               made publicly available, submit your                    before submitting the collection to OMB               held, on August 24, 2012, that the rule
                                               comments only as a written/paper                        for approval. To comply with this                     in its current form violated the First
                                               submission. You should submit two                       requirement, FDA is publishing notice                 Amendment. In a letter to Congress on
                                               copies total. One copy will include the                 of the proposed collection of                         March 15, 2013, the Attorney General
                                               information you claim to be confidential                information set forth in this document.               reported FDA’s intention to undertake
                                               with a heading or cover note that states                   With respect to the following                      research to support a new rulemaking
                                               ‘‘THIS DOCUMENT CONTAINS                                collection of information, FDA invites                consistent with the Tobacco Control
                                               CONFIDENTIAL INFORMATION.’’ The                         comments on these topics: (1) Whether                 Act. Various phases of research have
                                               Agency will review this copy, including                 the proposed collection of information                been underway since 2013. The next
                                               the claimed confidential information, in                is necessary for the proper performance               phase of the research includes the study
                                               its consideration of comments. The                      of FDA’s functions, including whether                 proposed here, which is an effort by
                                               second copy, which will have the                        the information will have practical                   FDA to collect data concerning
                                               claimed confidential information                        utility; (2) the accuracy of FDA’s                    responses to cigarette warnings placed
                                               redacted/blacked out, will be available                 estimate of the burden of the proposed                on cigarette packages and
                                               for public viewing and posted on                        collection of information, including the              advertisements for cigarettes.
                                               https://www.regulations.gov. Submit                     validity of the methodology and                          The health risks associated with the
                                               both copies to the Dockets Management                   assumptions used; (3) ways to enhance                 use of cigarettes are significant and far-
                                               Staff. If you do not wish your name and                 the quality, utility, and clarity of the              reaching. Cigarette smoking is the
                                               contact information to be made publicly                 information to be collected; and (4)                  leading cause of preventable disease and
                                               available, you can provide this                         ways to minimize the burden of the                    death in the United States and is
                                               information on the cover sheet and not                  collection of information on                          responsible for more than 480,000
                                               in the body of your comments and you                    respondents, including through the use                deaths per year. Smoking causes more
                                               must identify this information as                       of automated collection techniques,                   deaths each year than human
                                               ‘‘confidential.’’ Any information marked                when appropriate, and other forms of                  immunodeficiency virus, illegal drug
                                               as ‘‘confidential’’ will not be disclosed               information technology.                               use, alcohol use, motor vehicle injuries,
                                               except in accordance with 21 CFR 10.20                                                                        and firearm-related incidents combined
                                                                                                       Experimental Study of Cigarette
                                               and other applicable disclosure law. For                                                                      (Ref. 1). In addition to lung cancer, heart
                                                                                                       Warnings
                                               more information about FDA’s posting                                                                          disease, and chronic obstructive
                                               of comments to public dockets, see 80                   OMB Control Number 0910—NEW                           pulmonary disease, smoking also causes
                                               FR 56469, September 18, 2015, or access                 I. Background                                         numerous other serious health
                                               the information at: https://www.gpo.gov/                                                                      conditions including several types of
                                                                                                          The Tobacco Control Act (Pub. L.                   cancer, premature birth, low birth
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                       111–31) amends the Federal Food, Drug,
                                               23389.pdf.                                                                                                    weight, respiratory illnesses, clogged
                                                                                                       and Cosmetic Act to grant FDA                         arteries, reduced blood flow, diabetes,
                                                  Docket: For access to the docket to
                                                                                                       authority to regulate the manufacture,                and vision conditions such as age-
                                               read background documents or the
                                                                                                       marketing, and distribution of tobacco                related macular degeneration and
                                               electronic and written/paper comments
                                                                                                       products to protect the public health                 cataracts (Ref. 2).
                                               received, go to https://
                                                                                                       and to reduce tobacco use by minors.                     Approximately 37.8 million U.S.
                                               www.regulations.gov and insert the
                                                                                                       Section 201 of the Tobacco Control Act                adults smoke cigarettes (Ref. 3) and 8.6
                                               docket number, found in brackets in the
                                                                                                       amends section 4 of the Federal                       million Americans have at least one
                                               heading of this document, into the
                                                                                                       Cigarette Labeling and Advertising Act                serious illness caused by smoking
                                               ‘‘Search’’ box and follow the prompts
                                                                                                       (FCLAA) (15 U.S.C. 1333) to require                   cigarettes (Ref. 4). Results from the 2016
                                               and/or go to the Dockets Management
                                                                                                       FDA to issue regulations that require                 National Survey on Drug Use and
                                               Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                       color graphics depicting the negative                 Health demonstrate that, each day in the
                                               Rockville, MD 20852.
                                                                                                       health consequences of smoking to                     United States, more than 2,300 youth
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       accompany the label statements                        under age 18 smoke their first cigarette,
                                               Amber Sanford, Office of Operations,                    specified in subsection 4(a)(1) of the                and nearly 400 youth become daily
                                               Food and Drug Administration, Three                     FCLAA. Section 202(b) of the Tobacco                  cigarette smokers (Ref. 5). If the current
                                               White Flint North, 10A–12M, 11601                       Control Act further amends section 4 of               trajectory of smoking rates continues,
                                               Landsdown St., North Bethesda, MD                       the FCLAA by adding that the Secretary                5.6 million children alive today will die
                                               20852, 301–796–8867, PRAStaff@                          of Health and Human Services                          prematurely as a result of smoking (Ref.
                                               fda.hhs.gov.                                            (Secretary), through notice and                       2). Providing the public with accurate
                                               SUPPLEMENTARY INFORMATION: Under the                    comment rulemaking, may adjust the                    information regarding the health
                                               PRA (44 U.S.C. 3501–3520), Federal                      text of any of the label requirements if              consequences of cigarette use is critical
                                               Agencies must obtain approval from the                  the Secretary finds that such a change                in achieving FDA’s mission to protect
                                               Office of Management and Budget                         would promote greater public                          the public health.
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                                               (OMB) for each collection of                            understanding of the risks associated                    This Experimental Study of Cigarette
                                               information they conduct or sponsor.                    with the use of tobacco products.                     Warnings is a voluntary online
                                               ‘‘Collection of information’’ is defined                   In the Federal Register of June 22,                experiment. The purpose of the study is
                                               in 44 U.S.C. 3502(3) and 5 CFR                          2011 (76 FR 36628), FDA issued a final                to assess whether new cigarette
                                               1320.3(c) and includes Agency requests                  rule entitled ‘‘Required Warnings for                 warnings increase public understanding
                                               or requirements that members of the                     Cigarette Packages and                                of the negative health consequences of
                                               public submit reports, keep records, or                 Advertisements,’’ which specified nine                cigarette smoking. The study will collect


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                                                                           Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices                                                                                              48627

                                               data from various groups of consumers,                             graphic depicting the negative health                                        again (i.e., the warning based on
                                               including adolescent current cigarette                             consequences of smoking described in                                         condition assignment from Session 1),
                                               smokers aged 13 to 17 years, adolescent                            the statement. In the control condition,                                     and complete a set of items assessing
                                               non-smokers who are susceptible to                                 participants will be randomized to view                                      beliefs about the negative health
                                               initiation of cigarette smoking aged 13                            one of the four current Surgeon                                              consequences caused by cigarette
                                               to 17 years, young adult current                                   General’s warnings, representing the                                         smoking. During Session 3
                                               cigarette smokers and non-smokers aged                             current state of cigarette warnings in the                                   (approximately 14 days after Session 2),
                                               18 to 24 years, and older adult current                            United States. In all conditions,                                            participants will complete a delayed
                                               cigarette smokers and non-smokers aged                             participants will view their assigned                                        post-test on beliefs about the negative
                                               25 years and older. The results will                               warnings both on a mock cigarette                                            health consequences caused by cigarette
                                               inform the Agency’s efforts to                                     package and a mock cigarette                                                 smoking and items assessing recall of
                                               implement the mandatory graphic                                    advertisement, presented in a                                                the warning.
                                               warning label statements as required by                            randomized order.                                                              Prior to the main data collection, 2
                                               section 4(d) of FCLAA.                                               There will be three sessions. During                                       sequential pretests, each with 50
                                                  Study Overview: In this study,                                  Session 1, participants will complete a                                      participants, will take place to ensure
                                               adolescent current cigarette smokers,                              baseline assessment about their beliefs                                      correct programming of Session 1 and to
                                               adolescent non-smokers who are                                     about the negative health consequences                                       identify any issues with the study
                                               susceptible to initiation of cigarette                             of cigarette smoking. Next, they will be                                     design and implementation.
                                               smoking, young adult current cigarette                             exposed to the stimuli (i.e., the warning                                      Study outcomes include comparisons
                                               smokers and non-smokers, and older                                 based on condition assignment) and                                           to assess the extent to which exposure
                                               adult current cigarette smokers and non-                           complete a set of items assessing (a) if                                     to the graphic health warnings, relative
                                               smokers will be recruited from an                                  the information presented in the                                             to the text-only Surgeon General’s
                                               existing internet panel of more than 1.2                           warning was new; (b) self-reported                                           warnings, provide new information,
                                               million people and screened for                                    learning from the warning; (c) if the                                        increase self-reported learning, change
                                               inclusion into the study. Participants                             warning was easy to understand; (d) if                                       beliefs about the negative health
                                               who meet the inclusion criteria will be                            the warning was perceived to be a fact                                       consequences of cigarette smoking,
                                               randomized into 1 of 17 conditions. In                             or an opinion; (e) if the warning was                                        increase thinking about the risks of
                                               each condition, respondents will view                              informative; (f) if the warning grabbed                                      smoking, as well as the extent to which
                                               one cigarette warning. In the 16                                   their attention; and (g) if the warning                                      the warnings are informative, easy to
                                               treatment conditions, participants will                            made them think about the health risks                                       understand, factual, attention grabbing,
                                               view 1 graphic health warning,                                     of cigarette smoking. During Session 2                                       and recalled.
                                               containing a warning statement                                     (1 to 2 days after Session 1), participants                                    FDA estimates the burden of this
                                               accompanied by a concordant color                                  will be exposed to the same stimuli                                          collection of information as follows:

                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                Number of
                                                                                                     Number of                                            Total annual
                                                                  Activity                                                    responses per                                             Average burden per response 2                             Total hours
                                                                                                    respondents                                            responses
                                                                                                                                respondent

                                               Adult—Screener for pretest ..............                          456                              1                     456        0.03 hours (2 minutes) .....................                            14
                                               Adult—Pretest ...................................                   68                              1                      68        0.20 hours (12 minutes) ...................                             14
                                               Adult—Screener for main data col-                               51,054                              1                  51,054        0.03 hours (2 minutes) .....................                         1,532
                                                 lection.
                                               Adult—Main data collection (3 ses-                                 7,460                             1                  7,460        0.42 hours (25 minutes) ...................                          3,133
                                                 sions).

                                               Total Adult Hours ..............................    ........................   ........................   ........................   ...........................................................          4,693
                                               Adolescent—Screener for pretest .....                                 410                            1                      410      0.03 hours (2 minutes) .....................                            12
                                               Adolescent—Pretest .........................                            32                           1                        32     0.20 hours (12 minutes) ...................                              6
                                               Adolescent—Screener for main data                                29,487                              1                 29,487        0.03 hours (2 minutes) .....................                           885
                                                 collection.
                                               Adolescent—Main data collection (3                                 2,300                            1                    2,300       0.42 hours (25 minutes) ...................                            966
                                                 sessions).

                                               Total Adolescent Hours ....................         ........................   ........................   ........................   ...........................................................          1,869

                                                    Total Burden Hours ...................         ........................   ........................   ........................   ...........................................................          6,562
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 The hours per response are rounded to two decimal places.




                                                 FDA’s burden estimate is based on                                screening questionnaire through an                                           respondents (34 adults and 16
                                               prior experience with research that is                             email invitation. This brief screening                                       adolescents in each) (100 total) during a
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                                               similar to this proposed study (OMB                                will take an average of 2 minutes (0.03                                      single session and, we estimate an
                                               control number 0910–0848). Screening                               hours) per respondent. If, based on this                                     average of 12 minutes (0.20 hours) per
                                               potential participants for the 2 pretests                          screening, participants qualify for the                                      respondent.
                                               will occur with 866 respondents (456                               study, they will be automatically                                              Screening potential participants for
                                               adults and 410 adolescents) identified                             directed to begin the pretest. As                                            the main data collection will occur with
                                               and recruited through the internet                                 previously mentioned, each of the 2                                          80,541 respondents (51,054 adults and
                                               panel. Participants will complete the                              pretests conducted will consist of 50                                        29,487 adolescents) identified and


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                                               48628                   Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Notices

                                               recruited through the same internet                     5. Substance Abuse and Mental Health                  Comments received by mail/hand
                                               panel as used for the pretests.                             Services Administration (SAMHSA). See             delivery/courier (for written/paper
                                               Participants will complete the screener                     Table 4.10A in ’’ 2016 National Survey            submissions) will be considered timely
                                               questionnaire through an email                              on Drug Use and Health: Detailed
                                                                                                                                                             if they are postmarked or the delivery
                                                                                                           Tables.’’ Rockville, MD: U.S. Department
                                               invitation. This brief screening will take                  of Health and Human Services,                     service acceptance receipt is on or
                                               an average of 2 minutes (0.03 hours) per                    SAMHSA, Center for Behavioral Health              before December 7, 2018.
                                               respondent. If, based on this screening,                    Statistics and Quality; 2017.
                                               participants qualify for the study, they                                                                      Electronic Submissions
                                                                                                         Dated: September 21, 2018.                            Submit electronic comments in the
                                               will be directed to begin Session 1.
                                               Recent national estimates of the                        Leslie Kux,                                           following way:
                                               numbers of adolescent current cigarette                 Associate Commissioner for Policy.                      • Federal eRulemaking Portal:
                                               smokers, adolescents who are                            [FR Doc. 2018–20913 Filed 9–25–18; 8:45 am]           https://www.regulations.gov. Follow the
                                               susceptible to initiation of cigarette                  BILLING CODE 4164–01–P                                instructions for submitting comments.
                                               smoking, young adult current cigarette                                                                        Comments submitted electronically,
                                               smokers, and older adult current                                                                              including attachments, to https://
                                               cigarette smokers informed the                          DEPARTMENT OF HEALTH AND                              www.regulations.gov will be posted to
                                               estimates of 14.6 percent qualification                 HUMAN SERVICES                                        the docket unchanged. Because your
                                               rate for adults and 7.8 percent                                                                               comment will be made public, you are
                                               qualification rate for adolescents.                     Food and Drug Administration                          solely responsible for ensuring that your
                                               Applying these estimates and other                      [Docket No. FDA–2018–N–3504]                          comment does not include any
                                               assumptions from previous experience                                                                          confidential information that you or a
                                               conducting similar studies to the                       Tobacco Product Application Review;                   third party may not wish to be posted,
                                               number of adolescents and adults to be                  Public Meeting; Request for Comments                  such as medical information, your or
                                               screened results in the desired sample                                                                        anyone else’s Social Security number, or
                                                                                                       AGENCY:    Food and Drug Administration,
                                               size for the main data collection of 9,760                                                                    confidential business information, such
                                                                                                       HHS.
                                               participants, of which 7,460 will be                                                                          as a manufacturing process. Please note
                                                                                                       ACTION: Notice of public meeting;                     that if you include your name, contact
                                               adults and 2,300 will be adolescents.
                                                                                                       request for comments.                                 information, or other information that
                                               The three sessions of the main data
                                               collection will take an average of 12                   SUMMARY:   The Food and Drug                          identifies you in the body of your
                                               minutes (0.20 hours) for Session 1, 8                   Administration (FDA) is announcing a                  comments, that information will be
                                               minutes (0.13 hours) for Session 2, and                 public meeting entitled ‘‘Tobacco                     posted on https://www.regulations.gov.
                                               5 minutes (0.08 hours) for Session 3, for               Product Application Review.’’ This                      • If you want to submit a comment
                                               a total of an estimated 25 minutes (0.42                meeting is intended to improve public                 with confidential information that you
                                               hours) per respondent. The total                        understanding and provide FDA                         do not wish to be made available to the
                                               estimated burden for the data collection                feedback on the policies and processes                public, submit the comment as a
                                               is 6,561 hours (4,692 hours for adults +                for submitting and reviewing tobacco                  written/paper submission and in the
                                               1,869 hours for adolescents).                           product marketing applications,                       manner detailed (see ‘‘Written/Paper
                                                                                                       including the general scientific                      Submissions’’ and ‘‘Instructions’’).
                                               II. References
                                                                                                       principles relevant to various                        Written/Paper Submissions
                                                  The following references are on                      application pathways, to assist those
                                               display at the Dockets Management Staff                                                                          Submit written/paper submissions as
                                                                                                       considering submitting marketing                      follows:
                                               (see ADDRESSES) and are available for                   applications for tobacco products under
                                               viewing by interested persons between                                                                            • Mail/Hand Delivery/Courier (for
                                                                                                       the Federal Food, Drug, and Cosmetic                  written/paper submissions): Dockets
                                               9 a.m. and 4 p.m., Monday through                       Act (FD&C Act).
                                               Friday; they are also available                                                                               Management Staff (HFA–305), Food and
                                                                                                       DATES: The 2-day public meeting will be               Drug Administration, 5630 Fishers
                                               electronically at https://
                                                                                                       held on October 22, 2018, from 8:30                   Lane, Rm. 1061, Rockville, MD 20852.
                                               www.regulations.gov.
                                                                                                       a.m. to 4:30 p.m. and on October 23,                     • For written/paper comments
                                               1. Murphy, S.L., J. Xu, K.D. Kochanek.                  2018, from 8:30 a.m. to 3 p.m. Submit                 submitted to the Dockets Management
                                                    ‘‘Deaths: Final Data for 2010’’. National          either electronic or written comments
                                                    Vital Statistics Reports, 61(4):37–41,                                                                   Staff, FDA will post your comment, as
                                                    2013.
                                                                                                       on this public meeting by December 7,                 well as any attachments, except for
                                               2. U.S. Department of Health and Human                  2018. See the SUPPLEMENTARY                           information submitted, marked and
                                                    Services. ‘‘The Health Consequences of             INFORMATION section for registration date             identified, as confidential, if submitted
                                                    Smoking: 50 Years of Progress. A Report            and information.                                      as detailed in ‘‘Instructions.’’
                                                    of the Surgeon General.’’ Atlanta, GA:             ADDRESSES: The public meeting will be                    Instructions: All submissions received
                                                    U.S. Department of Health and Human                held at the Hilton Washington DC/                     must include the Docket No. FDA–
                                                    Services, Centers for Disease Control and          Rockville Hotel & Executive Meeting                   2018–N–3504 for ‘‘Tobacco Product
                                                    Prevention, National Center for Chronic
                                                    Disease Prevention and Health                      Center, 1750 Rockville Pike, Rockville,               Application Review.’’ Received
                                                    Promotion, Office on Smoking and                   MD 20852, https://www3.hilton.com/en/                 comments, filed in a timely manner (see
                                                    Health; 2014.                                      hotels/maryland/hilton-washington-dc-                 ADDRESSES), will be placed in the docket
                                               3. Jamal, A., E. Phillips, A.S. Gentzke, et al.         rockville-hotel-and-executive-meeting-                and, except for those submitted as
                                                    ‘‘Current Cigarette Smoking Among                  ctr-IADMRHF/index.html.                               ‘‘Confidential Submissions,’’ publicly
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                                                    Adults—United States, 2016’’. MMWR                    You may submit comments as                         viewable at https://www.regulations.gov
                                                    Morbidity and Mortality Weekly Report,             follows. Please note that late, untimely              or at the Dockets Management Staff
                                                    67:53–59, 2018.                                    filed comments may not be considered.
                                               4. Centers for Disease Control and
                                                                                                                                                             between 9 a.m. and 4 p.m., Monday
                                                    Prevention. ‘‘Cigarette Smoking-                   The https://www.regulations.gov                       through Friday.
                                                    Attributable Morbidity—United States,              electronic filing system will accept                     • Confidential Submissions—To
                                                    2000’’. MMWR Morbidity and Mortality               electronic comments until 11:59 p.m.                  submit a comment with confidential
                                                    Weekly Report, 52(35):842–844, 2003                Eastern Time on December 7, 2018.                     information that you do not wish to be


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Document Created: 2018-09-26 00:47:49
Document Modified: 2018-09-26 00:47:49
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 November 26, 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 48625 

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