[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Pages 71805-71807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29199]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Substance Abuse and Mental Health Services Administration
Agency Information Collection Activities: Proposed Collection;
Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction
Act of 1995 concerning opportunity for public comment on proposed
collections of information, the Substance Abuse and Mental Health
Services Administration (SAMHSA) will publish periodic summaries of
proposed projects. To request more information on the proposed projects
or to obtain a copy of the information collection plans, call the
SAMHSA Reports Clearance Officer on (240) 276-1243.
Comments are invited on: (a) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology.
Proposed Project: Substance Abuse Prevention and Treatment Block Grant
Synar Report Format, FFY 2014-2016--(OMB No. 0930-0222)--Revision
Section 1926 of the Public Health Service Act [42 U.S.C. 300x-26]
stipulates that funding Substance Abuse Prevention and Treatment Block
Grant (SABG) agreements for alcohol and drug abuse programs for fiscal
year 1994 and subsequent fiscal years require states to have in effect
a law providing that it is unlawful for any manufacturer, retailer, or
distributor of tobacco products to sell or distribute any such product
to any individual under the age of 18. This section further requires
that states conduct annual, random, unannounced inspections to ensure
compliance with the law; that the state submit annually a report
describing the results of the inspections, the activities carried out
by the state to enforce the required law, the success the state has
achieved in reducing the availability of tobacco products to
individuals under the age of 18, and the strategies to be utilized by
the state for enforcing such law during the fiscal year for which the
grant is sought.
Before making an award to a State under the SABG, the Secretary
must make a determination that the state has maintained compliance with
these requirements. If a determination is made that the state is not in
compliance, penalties shall be applied. Penalties ranged from 10
percent of the Block Grant in applicable year 1 (FFY 1997 SABG
Applications) to 40 percent in applicable year 4 (FFY 2000 SABG
Applications) and subsequent years. Respondents include the 50 states,
the District of Columbia, the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands.
Regulations that implement this legislation are at 45 CFR 96.130,
are approved by OMB under control number 0930-0163, and require that
each state submit an annual Synar report to the Secretary describing
their progress in complying with section 1926 of the PHS Act. The Synar
report, due December 31 following the fiscal year for which the state
is reporting, describes the results of the inspections and the
activities carried out by the state to enforce the required law; the
success the state has achieved in reducing the availability of tobacco
products to individuals under the age of 18; and the strategies to be
utilized by the state for enforcing such law during the fiscal year for
which the grant is sought. SAMHSA's Center for Substance Abuse
Prevention will request OMB approval of revisions to the current report
format associated with Section 1926 (42 U.S.C. 300x-26). The report
format is not changing significantly. Any changes in either formatting
or content are being made to simplify the reporting process for the
states and to clarify the information as the states report it; both
outcomes will facilitate consistent, credible, and efficient monitoring
of Synar compliance across the states. All of the information required
in the new report format is already being collected by the states.
Specific changes are listed below:
Clarification Changes
To decrease the need for supplemental questions and reporting,
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additional instruction has been included in 4 portions of the report.
In Section I (Compliance Progress), the following clarification
changes are being made with respect to the Annual Synar Report:
Question 1c: Changes to State law--This question, which was
formerly Question 1d, asks about changes to state youth access to
tobacco laws and has been edited to include an option for changes to
state law concerning vending machines. The former Question 1c, which
contained detailed information about types of changes to vending
machine laws has been eliminated due to the fact that the Family
Smoking Prevention and Tobacco Control Act, which gives the Food and
Drug Administration (FDA) the authority to regulate tobacco products,
banned vending machines in youth accessible locations as of June 2010,
making it unlikely that states that have not done so already will enact
similar state laws. However, there are three U.S. jurisdictions not
subject to federal law that may still enact vending machine
restrictions and can report this information in the new Question 1c.
Questions 5a, 5b, and 5d: Enforcement Agencies, Evidence of
Enforcement and Frequency of Enforcement--These questions have been
clarified so it is clear that they refer to enforcement of state youth
access laws, and not federal youth access laws.
In Section II (Intended Use), the following clarification change is
being made:
Question 3--State Challenges: This question includes a new response
option (``Issues regarding the age or gender balance of youth
inspectors'') since this is a common challenge reported by states.
In Appendix B (Synar Survey Sampling Methodology), the following
clarification is being made:
Question 4--Vending machine inclusion in Synar Survey - This
question, which asks if vending machines are included in the Synar
survey and the reasons for their elimination if they are not included,
includes a new response option (``State has a contract with the FDA and
is actively enforcing the vending machine requirements of the Family
Smoking Prevention and Tobacco Control Act''). This new option is
included because federal law bans vending machines in youth accessible
locations and states that are contracted with the FDA to enforce this
provision are not required to include vending machines in their Synar
surveys.
In Appendix C (Synar Survey Inspection Protocol), the following
change is being made:
Question 1--Synar Survey Protocol-- This question, which asks about
aspects of the state's Synar survey protocol (including whether buys
are consummated or unconsummated, whether youth inspectors carry
identification, whether adult inspectors enter the outlet with the
youth, and whether youth inspectors are compensated), has been edited
to remove the option for ``Not specified in protocol'' since all states
are required to submit Synar protocols that include these items.
Additionally, a requirement for states to provide a narrative
explanation has been included for those states who choose the response
option ``Permitted under specified circumstances.''
Content Changes
The content of the Synar Report has changed little. The content
changes that have been made address the need to (1) clarify the intent
of information requested via the addition of clarifying questions, (2)
reduce the need for Government Project Officers to ask additional
questions to supplement the originally submitted Report. These
additions and changes are essential to SAMHSA's ability to adequately
assess state and jurisdictional compliance with the Synar regulation.
In Section I (Compliance Progress), the following changes are being
made with respect to the Annual Synar Report:
Questions 4d-g--Coordination With Agency That Receives the FDA
State Enforcement Contract-- These close-ended questions ask the state
to list the agency that is under contract to the FDA to enforce federal
youth access laws, to describe the relationship between the state's
Synar program and this agency, and to identify if the state uses data
from the FDA enforcement inspections for the Synar survey. They have
been added to replace the previously open-ended Question 5g, which
required a narrative response. These close-ended questions will focus
state responses.
In Appendix B (Synar Survey Sampling Methodology), the following
changes are being made:
Questions 9a-b--Synar Survey Estimation System Sample Size (SSES)
Calculator-- These questions, which ask if the state used the SSES
sample size calculator and if so, if they used the state or stratum
level calculator, will eliminate the need for Government Project
Officers to ask these clarifying questions during the review process.
This revision also eliminates the need for those states who use the
SSES sample size calculator to manually list the sample size formulas.
Question 10b--Stratum Level Information-- This question, which asks
states who used the stratum level calculator to provide the stratum
level information, eliminates the need for Government Project Officers
to ask this clarifying question during the review process.
In Appendix C (Synar Survey Inspection Protocol), the following
change is being made:
Questions 4a-b--Type of Tobacco Products-- These questions, which
ask the state to define the type of tobacco products requested during
Synar inspections and to describe the protocol for tobacco type
selection, have been added to Appendix C. They have been added to
provide additional information about state Synar protocols, which is
frequently requested by partner agencies and can also be used to target
technical assistance.
There are no changes to Forms 1-5 or Appendix D.
Annual Reporting Burden
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Number of
45 CFR Citation respondents Responses per Total number Hours per Total hour
\1\ respondents of responses response burden
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Annual Report (Section 1--States 59 1 59 15 885
and Territories) 96.130(e)(1-3)
State Plan (Section II--States 59 1 59 3 177
and Territories)
96.130(e)(4,5)96.130(g)........
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Total....................... 59 .............. .............. .............. 1,062
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\1\ Red Lake Indian Tribe is not subject to tobacco requirements.
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Send comments to Summer King, SAMHSA Reports Clearance Officer,
Room 2-1057, One Choke Cherry Road, Rockville, MD 20857 OR email a copy
to [email protected]. Written comments must be received before
60 days after the date of the publication in the Federal Register.
Summer King,
Statistician.
[FR Doc. 2012-29199 Filed 12-3-12; 8:45 am]
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