Advisory Committee on Immunization Practices (ACIP), 11441-11442 [2015-04330]
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices
as compared to an examination by a
dermatologist.10
Thus, the orders impose a high level
of substantiation despite lacking
evidence that the marketing claims
require such substantiation, and the
complaints’ vague claim construction
obscures this flawed approach.11
Despite the assurances in the majority’s
statement as to what the orders require,
the complaints imply—and the majority
appears to agree 12—that reasonable
consumers expected the apps to
substitute for professional medical care.
This disconnect raises the possibility
that the Commission may use vague
complaints to impose very high
substantiation standards on healthrelated apps even if the advertising
claims for those apps are more modest.
This approach concerns me. Healthrelated apps have enormous potential to
improve access to health information for
underserved populations and to enable
individuals to monitor more effectively
their own well-being, thereby improving
health outcomes. Health-related apps
need not be as accurate as professional
care to provide significant value for
many consumers. The Commission
should not subject such apps to overly
stringent substantiation requirements,
so long as developers adequately convey
the limitations of their products. In
particular, the Commission should be
very wary of concluding that consumers
interpret marketing for health-related
apps as claiming that those apps
substitute for professional medical care,
unless we can point to express claims,
clearly implied claims, or extrinsic
evidence. If the Commission continues
to adopt such conclusions without any
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10 When
the FTC cannot ‘‘conclude with
confidence’’ that a specific implied claim is being
made—for example, if the ad contains ‘‘conflicting
messages’’—the FTC ‘‘will not find the ad to make
the implied claim unless extrinsic evidence allows
us to conclude that such a reading of the ad is
reasonable.’’ In re Thompson Med. Co., 104 F.T.C.
648, 788–89 (1984).
11 These onerous substantiation requirements
cannot be defended as ‘‘fencing-in.’’ The FTC does
not traditionally fence in companies by requiring a
heightened level of substantiation. Instead, past
FTC decisions fence in companies by extending the
scope of a substantiation requirement beyond the
specific product, parties, or type of conduct
involved in the actual violation. See Federal Trade
Commission v. Springtech 77376, LLC, et al.
(‘‘Cedarcide Industries’’), Matter No. X120042,
Dissenting Statement of Commissioner Maureen K.
Ohlhausen at 3 (July 16, 2013). Requiring past
violators to meet a higher burden of substantiation
would not fence them in—it would only make it
more difficult for them to make truthful claims that
could be useful to consumers. Id.
12 ‘‘Commissioner Ohlhausen . . . believes . . .
that it is not reasonable to read the ads as claiming
that the automated assessment is as accurate as a
dermatologist. We disagree.’’ Statement of
Chairwoman Ramirez, Commissioner Brill, and
Commissioner McSweeny at 1.
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evidence of consumers’ actual
interpretations, and thus requires a very
high level of substantiation for healthrelated apps, we are likely to chill
innovation in such apps, limit the
potential benefits of this innovation,
and ultimately make consumers worse
off.13
I therefore respectfully dissent.
[FR Doc. 2015–04348 Filed 3–2–15; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Meeting of the National Preparedness
and Response Science Board
Office of the Secretary,
Department of Health and Human
Services.
ACTION: Notice.
AGENCY:
As stipulated by the Federal
Advisory Committee Act, the
Department of Health and Human
Services (HHS) is hereby giving notice
that the National Preparedness and
Response Science Board (NPRSB), also
known as the National Biodefense
Science Board, will be holding a public
teleconference.
DATES: The NPRSB will hold a public
meeting on March 30, 2015, from 1:00
p.m. to 2:00 p.m. EST. The agenda is
subject to change as priorities dictate.
ADDRESSES: Individuals who wish to
participate should send an email to
NPRSB@HHS.GOV with ‘‘NPRSB
Registration’’ in the subject line. The
meeting will occur by teleconference.
To attend via teleconference and for
further instructions, please visit the
NPRSB Web site at WWW.PHE.GOV/
NPRSB.
FOR FURTHER INFORMATION CONTACT:
Please submit an inquiry via the NPRSB
Contact Form located at www.phe.gov/
NBSBComments.
SUPPLEMENTARY INFORMATION: Pursuant
to section 319M of the Public Health
Service Act (42 U.S.C. 247d–7f) and
section 222 of the Public Health Service
Act (42 U.S.C. 217a), HHS established
the NPRSB. The Board shall provide
expert advice and guidance to the
Secretary on scientific, technical, and
SUMMARY:
13 See, e.g., Scott Gottlieb and Coleen Klasmeier,
‘‘Why Your Phone Isn’t as Smart as It Could Be,’’
Wall Street Journal (Aug. 7, 2014) (blaming heavy
regulation of consumer-directed health apps and
devices for smartphones that are ‘‘purposely
dumbed down’’ and ‘‘products that are never
created because mobile-tech entrepreneurs choose
to direct their talents elsewhere’’), available at
https://online.wsj.com/articles/scott-gottlieb-andcoleen-klasmeier-why-your-phone-isnt-as-smart-asit-could-be-1407369163.
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11441
other matters of special interest to HHS
regarding current and future chemical,
biological, nuclear, and radiological
agents, whether naturally occurring,
accidental, or deliberate. The NPRSB
may also provide advice and guidance
to the Secretary and/or the Assistant
Secretary for Preparedness and
Response (ASPR) on other matters
related to public health emergency
preparedness and response.
Background: This public meeting via
teleconference will be dedicated to the
NPRSB’s deliberation and vote on the
findings from the ASPR Future
Strategies Working Group. Subsequent
agenda topics will be added as priorities
dictate. Any additional agenda topics
will be available on the NPRSB March
30, 2015, meeting Web page, available at
WWW.PHE.GOV/NPRSB.
Availability of Materials: The meeting
agenda and materials will be posted
prior to the meeting on the March 30th
meeting Web page at WWW.PHE.GOV/
NPRSB.
Procedures for Providing Public Input:
Members of the public are invited to
attend by teleconference via a toll-free
call-in phone number which is available
on the NPRSB Web site at
WWW.PHE.GOV/NPRSB. All members
of the public are encouraged to provide
written comment to the NPRSB. All
written comments must be received
prior to March 29, 2015, and should be
sent by email to NPRSB@HHS.GOV with
‘‘NPRSB Public Comment’’ as the
subject line. Public comments received
by close of business one week prior to
each teleconference will be distributed
to the NPRSB in advance.
Dated: February 24, 2015.
Nicole Lurie,
Assistant Secretary for Preparedness and
Response.
[FR Doc. 2015–04303 Filed 3–2–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Committee on Immunization
Practices (ACIP)
Correction: This notice was published
in the Federal Register on January 30,
2015, Volume 80, Number 20, Page
5116–5117. Due to inclement weather in
the Atlanta, Georgia area, the first day
of the meeting scheduled for February
25 and 26, 2015 was not held. The
second day of the meeting will take
place as follows:
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Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices
Times and Dates: 10:00 a.m.–2:00
p.m., February 26, 2015.
The meeting will be webcast live via
the World Wide Web; for instructions
and more information on ACIP please
visit the ACIP Web site: https://
www.cdc.gov/vaccines/acip/.
Matters To Be Discussed: The
shortened agenda will include
discussions and votes on: Influenza
LAIV use, serogroup B meningococcal
(MenB) vaccines use in high risk groups,
including outbreaks, and the use of
9vHPV vaccine.
Agenda items are subject to change as
priorities dictate.
Contact Person for More Information:
Stephanie B. Thomas, National Center
for Immunization and Respiratory
Diseases, CDC, 1600 Clifton Road NE.,
MS–A27, Atlanta, Georgia 30333,
telephone: (404) 639–8836; Email
ACIP@CDC.GOV.
The Director, Management Analysis
and Services Office, has been delegated
the authority to sign Federal Register
notices pertaining to announcements of
meetings and other committee
management activities for both the
Centers for Disease Control and
Prevention and the Agency for Toxic
Substances and Disease Registry.
Catherine Ramadei,
Acting Director, Management Analysis and
Services Office, Centers for Disease Control
and Prevention.
[FR Doc. 2015–04330 Filed 3–2–15; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: Grant Reviewer Recruitment
Form.
OMB No.: NEW.
Description: The Administration for
Children and Families’ Children’s
Bureau (CB) is responsible for
administering the review of eligible
grant applications submitted in
response to funding opportunity
announcements issued by CB. CB
ensures that the objective review
process is independent, efficient,
effective, economical, and complies
with the applicable statutes, regulations,
and policies. Applications are reviewed
by subject experts knowledgeable in
child welfare and related fields. Review
findings are advisory to CB; CB is
responsible for making award decisions.
This announcement is a request for
approval of the proposed information
collection system, the Reviewer
Recruitment Module (RRM). CB will use
a web-based data collection form and
database to gather critical reviewer
information in drop down menu format
for data such as: degree, occupation,
affiliations with organizations and
institutions that serve special
populations, and demographic
information that may be voluntarily
provided by a potential reviewer.
These data elements will help CB find
and select expert grant reviewers for
objective review committees. The webbased system will permit reviewers to
access and update their information at
will and as needed. The RRM will be
accessible by the general public via
https://rrm.grantsolutions.gov/
AgencyPortal/cb.aspx.
Respondents: Generally, our
reviewers are current or retired
professionals with backgrounds in child
welfare and related fields and in some
instances current or former foster care
parents or clients.
ANNUAL BURDEN ESTIMATES
Instrument
Number of
respondents
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
Reviewer recruitment module ..........................................................................
500
1
.25
125
Estimated Total Annual Burden
Hours: 125.
Additional Information
Copies of the proposed collection may
be obtained by writing to the
Administration for Children and
Families, Office of Planning, Research
and Evaluation, 370 L’Enfant
Promenade SW., Washington, DC 20447,
Attn: ACF Reports Clearance Officer. All
requests should be identified by the title
of the information collection. Email
address: infocollection@acf.hhs.gov.
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OMB Comment
OMB is required to make a decision
concerning the collection of information
between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
is best assured of having its full effect
if OMB receives it within 30 days of
publication. Written comments and
recommendations for the proposed
information collection should be sent
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directly to the following: Office of
Management and Budget, Paperwork
Reduction Project, Email: OIRA_
SUBMISSION@OMB.EOP.GOV, Attn:
Desk Officer for the Administration for
Children and Families.
Robert Sargis,
Reports Clearance Officer.
[FR Doc. 2015–04320 Filed 3–2–15; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Proposed Projects
Title: ORR–2 Quarterly Report on
Expenditures and Obligations.
OMB No.: 0970–0407.
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Description: The Office of Refugee
Resettlement (ORR) reimburses, to the
extent of available appropriations,
certain non-federal costs for the
provision of cash and medical
assistance to refugees, along with
allowable expenses for the
administration of the refugee
resettlement program at the State level.
States (and Wilson/Fish projects; i.e.,
alternative projects for the
administration of the refugee
resettlement program) currently submit
the ORR–2 Quarterly Report on
Expenditures and Obligations, which
provides aggregate expenditure and
obligation data. This proposed data
collection collects expenditures and
obligations data separately for each of
the four CMA program components:
Refugee cash assistance, refugee medical
assistance, cash and medical assistance
administration, and services for
unaccompanied minors. This
breakdown of financial status data
allows ORR to track program
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Agencies
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11441-11442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04330]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Advisory Committee on Immunization Practices (ACIP)
Correction: This notice was published in the Federal Register on
January 30, 2015, Volume 80, Number 20, Page 5116-5117. Due to
inclement weather in the Atlanta, Georgia area, the first day of the
meeting scheduled for February 25 and 26, 2015 was not held. The second
day of the meeting will take place as follows:
[[Page 11442]]
Times and Dates: 10:00 a.m.-2:00 p.m., February 26, 2015.
The meeting will be webcast live via the World Wide Web; for
instructions and more information on ACIP please visit the ACIP Web
site: https://www.cdc.gov/vaccines/acip/.
Matters To Be Discussed: The shortened agenda will include
discussions and votes on: Influenza LAIV use, serogroup B meningococcal
(MenB) vaccines use in high risk groups, including outbreaks, and the
use of 9vHPV vaccine.
Agenda items are subject to change as priorities dictate.
Contact Person for More Information: Stephanie B. Thomas, National
Center for Immunization and Respiratory Diseases, CDC, 1600 Clifton
Road NE., MS-A27, Atlanta, Georgia 30333, telephone: (404) 639-8836;
Email ACIP@CDC.GOV.
The Director, Management Analysis and Services Office, has been
delegated the authority to sign Federal Register notices pertaining to
announcements of meetings and other committee management activities for
both the Centers for Disease Control and Prevention and the Agency for
Toxic Substances and Disease Registry.
Catherine Ramadei,
Acting Director, Management Analysis and Services Office, Centers for
Disease Control and Prevention.
[FR Doc. 2015-04330 Filed 3-2-15; 8:45 am]
BILLING CODE 4163-18-P