Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements Under the Comprehensive Smokeless Tobacco Health Education Act of 1986, as Amended by the Family Smoking Prevention and Tobacco Control Act, 8505-8507 [2016-03478]
Download as PDF
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
viruses in the manufacturing process for
such plasma-derived products.
ZIKV is an arbovirus from the
Flaviviridae family, genus Flavivirus. It
is transmitted to humans primarily by
the Aedes aegypti mosquito, but it may
also be transmitted by the Aedes
albopictus mosquito. In addition,
intrauterine, perinatal, and sexual
transmission of ZIKV has been reported.
Two instances of possible transfusiontransmission of ZIKV in Brazil have
been described in media
announcements.
The most common ZIKV disease
symptoms include fever, arthralgia,
maculopapular rash, and conjunctivitis.
Neurological manifestations and
congenital anomalies have been
associated with ZIKV disease outbreaks.
Association of ZIKV infection with
´
Guillain-Barre syndrome cases has been
reported during outbreaks in Polynesia
and in Brazil. In Brazil there has also
been a marked increase in the incidence
of microcephaly in regions most affected
by the ZIKV epidemic.
ZIKV reached the Americas in early
2015 with local transmission first
reported in Brazil and as of February 10,
2016, there are 30 countries and
territories worldwide with active local
transmission of the virus. As of
February 10, 2016, local mosquito-borne
transmission of ZIKV has not been
reported in the continental United
States, but cases have been reported in
travelers returning to the United States
from areas with local transmission.
Consistent with existing regulations
and applicable guidance, donors must
be in good health at the time of donation
§ 640.3(b) (21 CFR 640.3(b)) as indicated
by, among other things, freedom from
any disease transmissible by blood
transfusion, as can be determined by
history and examination (§ 640.3(b)(6)).
Standard operating procedures that are
already in place should result in the
deferral of individuals who have
symptoms consistent with ZIKV
infection at the time of donation. The
recommendations in the guidance are
intended to reduce the risk of collecting
blood and blood components from atrisk donors who could be potentially
infected with ZIKV and do not display
clinical symptoms during the
incubation period or have an
asymptomatic infection.
The guidance recommends that blood
collection establishments in areas
without active transmission of ZIKV
defer donors at risk for ZIKV infection
as follows: Defer for 4 weeks after the
resolution of symptoms a donor with a
history of ZIKV infection or a donor
who reports symptoms suggestive of
ZIKV within 2 weeks of departure from
VerDate Sep<11>2014
17:59 Feb 18, 2016
Jkt 238001
an area with active transmission of
ZIKV; defer for 4 weeks after the last
sexual contact a donor who has had
sexual contact with a man who has been
diagnosed with ZIKV or who traveled to
or resided in an area with active
transmission of ZIKV in the 3 months
prior to that instance of sexual contact;
and defer for 4 weeks from the date of
his or her departure, a donor who has
been a resident of or has travelled to an
area with active transmission of ZIKV.
For areas with active transmission of
ZIKV, the guidance recommends that
blood collection establishments obtain
blood and blood components from areas
of the United States without active
transmission of ZIKV to fulfill orders.
However, a blood establishment may
collect platelets and plasma locally if
the blood establishment implements
FDA-approved pathogen reduction
technology for platelets and plasma.
Further, blood establishments in areas
of active transmission may collect blood
components locally provided the
establishment tests blood donations
with an FDA-licensed blood donor
screening test for ZIKV, when such a
test becomes available.
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
FDA is issuing this guidance for
immediate implementation in
accordance with 21 CFR 10.115(g)(2)
without initially seeking prior comment
because the Agency has determined that
prior public participation is not feasible
or appropriate. The guidance represents
the current thinking of FDA on
‘‘Recommendations for Donor
Screening, Deferral, and Product
Management to Reduce the Risk of
Transfusion-Transmission of Zika
Virus.’’ It does not establish any rights
for any person and is not binding on
FDA or the public. You can use an
alternative approach if it satisfies the
requirements of the applicable statutes
and regulations.
II. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
21 CFR 601.12 have been approved
under OMB control number 0910–0338;
and the collections of information in 21
CFR 606.100(b), 606.160(b)(1), and
640.3(a) have been approved under
OMB control number 0910–0116.
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
8505
III. Electronic Access
Persons with access to the Internet
may obtain the guidance at either
https://www.fda.gov/BiologicsBlood
Vaccines/GuidanceCompliance
RegulatoryInformation/Guidances/
default.htm or https://
www.regulations.gov.
Dated: February 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–03393 Filed 2–18–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–N–0190]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Requirements
Under the Comprehensive Smokeless
Tobacco Health Education Act of 1986,
as Amended by the Family Smoking
Prevention and Tobacco Control Act
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the Agency. Under the
Paperwork Reduction Act of 1995 (the
PRA), Federal Agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
submission of rotational plans for health
warning label statements for smokeless
tobacco products.
DATES: Submit either electronic or
written comments on the collection of
information by April 19, 2016.
ADDRESSES: You may submit comments
as follows:
SUMMARY:
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
E:\FR\FM\19FEN1.SGM
19FEN1
8506
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, 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–
2013–N–0190 for ‘‘Agency Information
Collection Activities; Proposed
Collection; Comment Request;
Requirements Under the Comprehensive
Smokeless Tobacco Health Education
Act of 1986, as Amended by the Family
Smoking Prevention and Tobacco
Control Act.’’ Received comments will
be placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
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
VerDate Sep<11>2014
17:59 Feb 18, 2016
Jkt 238001
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. 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.fda.gov/
regulatoryinformation/dockets/
default.htm.
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 Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: FDA
PRA Staff, Office of Operations, Food
and Drug Administration, 8455
Colesville Rd., COLE–14526, Silver
Spring, MD 20993–0002, PRAStaff@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
Agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires Federal
Agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing 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
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
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.
Requirements Under the
Comprehensive Smokeless Tobacco
Health Education Act of 1986, as
Amended by the Family Smoking
Prevention and Tobacco Control Act
(OMB Control Number 0910–0671)–
Extension
The Family Smoking Prevention and
Tobacco Control Act (the Tobacco
Control Act) was enacted on June 22,
2009, amending the Federal Food, Drug,
and Cosmetic Act (FD&C Act) and
providing FDA with the authority to
regulate tobacco products (Pub. L. 111–
31; 123 Stat. 1776). Section 3 of the
Comprehensive Smokeless Tobacco
Health Education Act of 1986 (the
Smokeless Tobacco Act) (15 U.S.C.
4402), as amended by section 204 of the
Tobacco Control Act, requires, among
other things, that all smokeless tobacco
product packages and advertisements
bear one of four required warning
statements. Section 3(b)(3)(A) of the
Smokeless Tobacco Act requires that the
warnings be displayed on packaging and
advertising for each brand of smokeless
tobacco ‘‘in accordance with a plan
submitted by the tobacco product
manufacturer, importer, distributor, or
retailer’’ to, and approved by, FDA.
This information collection—the
submission to FDA of warning plans for
smokeless tobacco products—is
statutorily mandated. The warning
plans will be reviewed by FDA, as
required by the Smokeless Tobacco Act,
to determine whether the companies’
plans for the equal distribution and
display of warning statements on
packaging and the quarterly rotation of
warning statements in advertising for
each brand of smokeless tobacco
products comply with section 3 of the
Smokeless Tobacco Act, as amended.
Based on the Federal Trade
Commission’s (FTC’s) previous
experience with the submission of
warning plans and FDA’s experience,
FDA estimates that there are 52
companies affected by this information
collection. To account for the entry of
new smokeless tobacco companies that
may be affected by this information
E:\FR\FM\19FEN1.SGM
19FEN1
Federal Register / Vol. 81, No. 33 / Friday, February 19, 2016 / Notices
collection, FDA is conservatively
estimating the total number of annual
respondents to this collection of
information to be 100.
When the FTC requested an extension
of their approved warning plan
information collection in 2007, based on
over 20 years implementing the warning
plan requirements and taking into
account increased computerization and
improvements in electronic
communication, the FTC estimated
submitting an initial plan would take 60
hours. Based on FDA’s experience over
8507
the past several years, FDA believes the
estimate of 60 hours to complete an
initial rotational plan continues to be
reasonable.
FDA estimates the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Activity
Numbers of
respondents
Numbers of
responses per
respondent
Total annual
responses
Average
burden per
response
Total hours
Total capital
costs
Submission of rotational plans for health
warning statements ..............................
100
1
100
60
6,000
$1,200
1
There are no operating and maintenance costs associated with this collection of information.
FDA estimates a total of 100
respondents will respond to this
collection of information and take 60
hours to complete a rotational warning
plan for a total of 6,000 burden hours.
In addition, capital costs are based on
100 respondents mailing in their
submission at a postage rate of $12 for
a 5-pound parcel (business parcel post
mail delivered from the furthest
delivery zone). Therefore, FDA
estimates that the total postage cost for
mailing the rotational warning plans to
FDA to be $1,200.
Dated: February 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–03478 Filed 2–18–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2007–D–0429 (formerly
Docket No. 2007D–0496)]
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Guidance for
Industry on Questions and Answers
Regarding the Labeling of
Nonprescription Human Drug Products
Marketed Without an Approved
Application as Required by the Dietary
Supplement and Nonprescription Drug
Consumer Protection Act
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
SUMMARY:
VerDate Sep<11>2014
17:59 Feb 18, 2016
Jkt 238001
that a proposed collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995
(the PRA).
DATES: Fax written comments on the
collection of information by March 21,
2016.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, FAX:
202–395–7285, or emailed to oira_
submission@omb.eop.gov. All
comments should be identified with the
title. Also include the FDA docket
number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT: FDA
PRA Staff, Office of Operations, Food
and Drug Administration, 8455
Colesville Rd., COLE–14526, Silver
Spring, MD 20993–0002, PRAStaff@
fda.hhs.gov.
In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
SUPPLEMENTARY INFORMATION:
Guidance for Industry on Questions
and Answers Regarding the Labeling of
Nonprescription Human Drug Products
Marketed Without an Approved
Application as Required by the Dietary
Supplement and Nonprescription Drug
Consumer Protection Act; OMB Control
Number 0910–0641—Extension
Section 502(x) of the FD&C Act (21
U.S.C. 352(x)), which was added by the
Dietary Supplement and
Nonprescription Drug Consumer
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Protection Act (Pub. L. 109–462),
requires the label of a nonprescription
drug product marketed without an
approved application in the United
States to include a domestic address or
domestic telephone number through
which a manufacturer, packer, and
distributor may receive a report of a
serious adverse event associated with
the product. The guidance document
contains questions and answers relating
to this labeling requirement and
provides guidance to industry on the
following topics: (1) The meaning of
‘‘domestic address’’ for purposes of the
labeling requirements of section 502(x)
of the FD&C Act; (2) FDA’s
recommendation for the use of an
introductory statement before the
domestic address or phone number that
is required to appear on the product
label under section 502(x) of the FD&C
Act; and (3) FDA’s intent regarding
enforcing the labeling requirements of
section 502(x) of the FD&C Act.
Description of Respondents:
Respondents to this collection of
information are manufacturers, packers,
and distributors whose name (issued in
section 502(b)(1) of the FD&C Act)
appears on the label of a
nonprescription drug product marketed
in the United States without an
approved application.
In the Federal Register of July 17,
2015 (80 FR 42502), FDA published a
60-day notice requesting public
comment on the proposed collection of
information. FDA received one
comment. However, these comments
did not address the information
collection.
FDA estimates the burden of this
collection of information as follows:
E:\FR\FM\19FEN1.SGM
19FEN1
Agencies
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8505-8507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03478]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2013-N-0190]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Requirements Under the Comprehensive Smokeless Tobacco
Health Education Act of 1986, as Amended by the Family Smoking
Prevention and Tobacco Control Act
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on submission of rotational plans
for health warning label statements for smokeless tobacco products.
DATES: Submit either electronic or written comments on the collection
of information by April 19, 2016.
ADDRESSES: You may submit comments as follows:
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
[[Page 8506]]
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): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, 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-2013-N-0190 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Requirements Under the
Comprehensive Smokeless Tobacco Health Education Act of 1986, as
Amended by the Family Smoking Prevention and Tobacco Control Act.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management 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 Division of Dockets Management. 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.fda.gov/regulatoryinformation/dockets/default.htm.
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 Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002, PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing 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.
Requirements Under the Comprehensive Smokeless Tobacco Health Education
Act of 1986, as Amended by the Family Smoking Prevention and Tobacco
Control Act (OMB Control Number 0910-0671)-Extension
The Family Smoking Prevention and Tobacco Control Act (the Tobacco
Control Act) was enacted on June 22, 2009, amending the Federal Food,
Drug, and Cosmetic Act (FD&C Act) and providing FDA with the authority
to regulate tobacco products (Pub. L. 111-31; 123 Stat. 1776). Section
3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986
(the Smokeless Tobacco Act) (15 U.S.C. 4402), as amended by section 204
of the Tobacco Control Act, requires, among other things, that all
smokeless tobacco product packages and advertisements bear one of four
required warning statements. Section 3(b)(3)(A) of the Smokeless
Tobacco Act requires that the warnings be displayed on packaging and
advertising for each brand of smokeless tobacco ``in accordance with a
plan submitted by the tobacco product manufacturer, importer,
distributor, or retailer'' to, and approved by, FDA.
This information collection--the submission to FDA of warning plans
for smokeless tobacco products--is statutorily mandated. The warning
plans will be reviewed by FDA, as required by the Smokeless Tobacco
Act, to determine whether the companies' plans for the equal
distribution and display of warning statements on packaging and the
quarterly rotation of warning statements in advertising for each brand
of smokeless tobacco products comply with section 3 of the Smokeless
Tobacco Act, as amended.
Based on the Federal Trade Commission's (FTC's) previous experience
with the submission of warning plans and FDA's experience, FDA
estimates that there are 52 companies affected by this information
collection. To account for the entry of new smokeless tobacco companies
that may be affected by this information
[[Page 8507]]
collection, FDA is conservatively estimating the total number of annual
respondents to this collection of information to be 100.
When the FTC requested an extension of their approved warning plan
information collection in 2007, based on over 20 years implementing the
warning plan requirements and taking into account increased
computerization and improvements in electronic communication, the FTC
estimated submitting an initial plan would take 60 hours. Based on
FDA's experience over the past several years, FDA believes the estimate
of 60 hours to complete an initial rotational plan continues to be
reasonable.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Numbers of
Activity Numbers of responses per Total annual Average burden Total hours Total capital
respondents respondent responses per response costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submission of rotational plans for health warning 100 1 100 60 6,000 $1,200
statements.......................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no operating and maintenance costs associated with this collection of information.
FDA estimates a total of 100 respondents will respond to this
collection of information and take 60 hours to complete a rotational
warning plan for a total of 6,000 burden hours. In addition, capital
costs are based on 100 respondents mailing in their submission at a
postage rate of $12 for a 5-pound parcel (business parcel post mail
delivered from the furthest delivery zone). Therefore, FDA estimates
that the total postage cost for mailing the rotational warning plans to
FDA to be $1,200.
Dated: February 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-03478 Filed 2-18-16; 8:45 am]
BILLING CODE 4164-01-P