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75554 Federal Register / Vol. 71, No.

241 / Friday, December 15, 2006 / Notices

reasonable cost. The objectives of information collections must be mailed claims on food products intended to
competitive bidding include: or faxed within 30 days of this notice help FDA’s Center for Food Safety and
(1) To implement competitive bidding directly to the OMB desk officer: OMB Applied Nutrition formulate decisions
programs for certain covered items of Human Resources and Housing Branch, and policies affecting labeling
DMEPOS and associated services in Attention: Carolyn Lovett, New requirements for trans fat claims on
select areas; Executive Office Building, Room 10235, foods.
(2) to assure beneficiary access to Washington, DC 20503, Fax Number: In the Federal Register of July 11,
quality DMEPOS as a result of the (202) 395–6974. 2003 (68 FR 41507), FDA issued an
program; advance notice of proposed rulemaking
(3) to reduce the amount Medicare Dated: December 7, 2006.
Michelle Shortt, entitled ‘‘Food Labeling: Trans Fatty
pays for DMEPOS and create a payment Acids in Nutrition Labeling; Consumer
structure under competitive bidding Director, Regulations Development Group,
Office of Strategic Operations and Regulatory Research to Consider Nutrient Content
that is more reflective of a competitive and Health Claims and Possible
market; Affairs.
[FR Doc. E6–21436 Filed 12–14–06; 8:45 am] Footnote or Disclosure Statements,’’
(4) to limit the financial burden on
which requested comments about
beneficiaries by reducing their out-of- BILLING CODE 4120–01–P
possible disclosure requirements to
pocket expenses for DMEPOS they
accompany nutrient content claims
obtain through the program; and,
(5) to contract with suppliers who DEPARTMENT OF HEALTH AND about trans fatty acids that could help
conduct business in a manner that is HUMAN SERVICES consumers make heart-healthy food
beneficial for the program and Medicare choices. The proposed experimental
beneficiaries. Food and Drug Administration study will evaluate the ability of several
Contract suppliers will be selected such disclosure requirements to help
[Docket No. 2006N–0037]
from the suppliers that have the lowest consumers make heart-healthy food
bids and that meet all relevant program Agency Information Collection choices. The results of the proposed
requirements. Suppliers bidding above Activities; Submission for Office of experimental study will provide
the winning price are to be excluded Management and Budget Review; empirical support for possible policy
from the Medicare market; however, Comment Request; Proposed decisions about the need for such
multiple winners must be awarded in Experimental Study of Trans Fat disclosures and the appropriate form
each site. The forms associated with this Claims on Foods they should take.
collection of information will collect all FDA or its contractor will collect and
AGENCY: Food and Drug Administration, use information gathered from Internet
of the relevant information needed for
HHS. panel samples to evaluate how
processing bids.
Following the publication of the 60- ACTION: Notice. consumers understand and respond to
day Federal Register notice (71 FR possible disclosure requirements for
SUMMARY: The Food and Drug
26546), we received a considerable trans fat content claims. The distinctive
Administration (FDA) is announcing
number of public comments. features of Internet panel and shopping
that a proposed collection of
Commenters discussed a variety of mall methodologies for the purpose of
information has been submitted to the
topics, ranging from the general the proposed experimental study are
Office of Management and Budget
requirements of the forms to the that they allow for controlled visual
(OMB) for review and clearance under
availability of instructions for presentation of study materials,
the Paperwork Reduction Act of 1995.
completing the forms. After reviewing experimental manipulation of study
DATES: Fax written comments on the materials, and the random assignment of
the comments, we revised the collection of information by January 16,
information collection request (ICR) to subjects to condition. Experimental
2007. manipulation of labels and random
clarify the issues raised by the public.
ADDRESSES: To ensure that comments on assignment to condition makes it
In addition, instructions for completing
the forms are complete and available for the information collection are received, possible to estimate the effects of the
public viewing. Form Number: CMS– OMB recommends that written various possible disclosure
10169 (OMB#: 0938–NEW); Frequency: comments be faxed to the Office of requirements while controlling for
Reporting—Every three years; Affected Information and Regulatory Affairs, individual differences. Random
Public: Business or other for-profit, Not- OMB, Attn: FDA Desk Officer, FAX: assignment ensures that mean
for-profit institutions, and the Federal 202–395–6974. differences between conditions can be
government; Number of Respondents: FOR FURTHER INFORMATION CONTACT: tested using well-known techniques
23,973; Total Annual Responses: Jonna Capezzuto, Office of the Chief such as analysis of variance or
23,973; Total Annual Hours: 1,088,164. Information Officer (HFA–250), Food regression analysis to yield statistically
To obtain copies of the supporting and Drug Administration, 5600 Fishers valid estimates of treatment effect size.
statement and any related forms for the Lane, Rockville, MD 20857, 301–827– The proposed study will be conducted
proposed paperwork collections 4659. with a convenience sample drawn from
referenced above, access CMS Web Site SUPPLEMENTARY INFORMATION: In a large, national consumer panel with
address at http://www.cms.hhs.gov/ compliance with 44 U.S.C. 3507, FDA about one million households.
PaperworkReductionActof1995, or e- has submitted the following proposed Participants will be adults, age 18 and
mail your request, including your collection of information to OMB for older, who are recruited for a study
address, phone number, OMB number, review and clearance. about foods and food labels. Each
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and CMS document identifier, to participant will be randomly assigned to


Paperwork@cms.hhs.gov, or call the Proposed Experimental Study of Trans 1 of the 144 experimental conditions
Reports Clearance Office on (410) 786– Fat Claims on Foods—(OMB Control consisting of fully crossing 8 disclosure
1326. Number 0910–0533—Reinstatement) conditions, 3 product types, 3 fatty acid
Written comments and FDA is requesting OMB approval of a profiles and 2 prior knowledge
recommendations for the proposed proposed experimental study of trans fat conditions.

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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Notices 75555

FDA will use the information from the interpretation of trans fat claims in food information about sources of trans fat
proposed experimental study to labeling. Another comment suggested because it omitted mention of natural
evaluate regulatory policy options. The that FDA change the labels used to sources of trans fat in the diet, which
agency often lacks empirical data about describe the three fatty acid profiles in the comment suggested would help
how consumers understand and the study (‘‘good profile,’’ ‘‘medium ensure factually correct and balanced
respond to statements they might see in profile,’’ and ‘‘poor profile’’) because information about sources of trans in
product labeling. The information these descriptors were seen as overly the diet. The comment questioned the
gathered from this proposed negative. The comment recommended value of stating that trans fat extends
experimental study will be used by the alternative language (‘‘low profile,’’ shelflife and has desirable taste
agency to assess likely consumer ‘‘medium profile’’ and ‘‘high profile’’) as characteristics since many saturated fat
responses to various disclosure a way to ensure that the products are
sources are relatively shelf stable and
requirements for nutrient content not characterized as ‘‘good foods’’ or
claims. ‘‘bad foods.’’ have desirable taste characteristics.
In the Federal Register of February 6, (Response) This suggestion has been (Response) FDA agrees and has
2006 (71 FR 6076), FDA published a 60– implemented. The terminology revised the Full Information treatment
day notice requesting public comment suggested in the comment adequately to incorporate these concerns. Calories
on the information collection that will conveys the intended profile and other sources of energy are now
take place as part of the experimental differences. mentioned in the introductory passage.
study. FDA received one letter in (Comment 2) One comment critiqued Natural sources of trans fat are now
response to the notice, containing the draft Full Information treatment mentioned and the similarity between
multiple comments. language. The comment criticized the trans fat and saturated fat in terms of
(Comment 1) One comment stated one-page summary because it : (1) Did shelflife and taste are now addressed.
that the organization concurs with the not identify calories in the discussion of
The revised draft will be included in the
objectives of the study and believes the fat as a major source of energy and (2)
study pretest and further revisions will
information from this study will be did not relate the calorie contribution of
be made if FDA determines they are
useful to FDA in developing labeling fat to that of carbohydrates and protein.
policy to assist consumers with The comment also criticized the needed based upon pretest results.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
Activity Total Hours
Respondents per Response Responses Response

Pretest 40 1 40 .25 10

Study 2,880 1 2,880 .25 720

Total 730
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: December 8, 2006. information has been submitted to the Registration of Food Facilities Under
Jeffrey Shuren, Office of Management and Budget the Public Health Security and
Assistant Commissioner for Policy. (OMB) for review and clearance under Bioterrorism Preparedness and
[FR Doc. E6–21317 Filed 12–14–06; 8:45 am] the Paperwork Reduction Act of 1995. Response Act of 2002—21 CFR 1.230
BILLING CODE 4160–01–S through 1.235 (OMB Control Number
DATES: Fax written comments on the 0910–0502)—Extension
collection of information by January 16,
2007. The Public Health Security and
DEPARTMENT OF HEALTH AND Bioterrorism Preparedness and
HUMAN SERVICES ADDRESSES: To ensure that comments on Response Act of 2002 (the Bioterrorism
the information collection are received, Act) added section 415 of the Federal
Food and Drug Administration OMB recommends that written Food, Drug, and Cosmetic Act (the act)
[Docket No. 2006N–0197] comments be faxed to the Office of (21 U.S.C. 350d), which requires
Information and Regulatory Affairs, domestic and foreign facilities that
Agency Information Collection OMB, Attn: FDA Desk Officer, FAX: manufacture, process, pack, or hold
Activities; Submission for Office of 202–395–6974. food for human or animal consumption
Management and Budget Review; in the United States to register with
Comment Request; Registration of FOR FURTHER INFORMATION CONTACT:
FDA. Sections 1.230 through 1.235 (21
Food Facilities Under the Public Health Jonna Capezzuto, Office of the Chief
CFR 1.230 through 1.235) set forth the
Security and Bioterrorism Information Officer (HFA–250), Food procedures for registration of food
Preparedness and Response Act of and Drug Administration, 5600 Fishers facilities. Information provided to FDA
2002 Lane, Rockville, MD 20857, 301–827– under these regulations will help the
4659. agency to notify quickly the facilities
AGENCY: Food and Drug Administration,
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HHS. SUPPLEMENTARY INFORMATION: In that might be affected by a deliberate or


ACTION: Notice. accidental contamination of the food
compliance with 44 U.S.C. 3507, FDA
supply.
has submitted the following proposed
SUMMARY: The Food and Drug Description of respondents: The
collection of information to OMB for
Administration (FDA) is announcing respondents to this information
review and clearance.
that a proposed collection of collection include owners, operators, or

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