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Federal Register / Vol. 70, No.

224 / Tuesday, November 22, 2005 / Notices 70621

collection of information between 30 DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND


and 60 days after publication of this HUMAN SERVICES HUMAN SERVICES
document in the Federal Register.
Therefore, a comment is best assured of Food and Drug Administration Food and Drug Administration
having its full effect if OMB receives it [Docket No. 2005N–0343]
within 30 days of publication. Written [Docket No. 2005N–0153]
comments and recommendations for the Agency Information Collection
proposed information collection should Agency Information Collection Activities; Proposed Collection;
be sent directly to the following: Office Activities; Announcement of Office of Comment Request; Guidance for
of Management and Budget, Paperwork Management and Budget Approval; Requesting an Extension to Use
Reduction Project, Attn: Desk Officer for Regulations for In Vivo Existing Label Stock After the Trans
ACF, E-mail address: Radiopharmaceuticals Used for Fat Labeling Effective Date of January
Katherine_T._Astrich@omb.eop.gov. Diagnosis and Monitoring 1, 2006
Dated: November 16, 2005. AGENCY: Food and Drug Administration,
AGENCY: Food and Drug Administration,
Robert Sargis, HHS.
HHS.
Reports Clearance Officer. ACTION: Notice.
ACTION: Notice.
[FR Doc. 05–23084 Filed 11–21–05; 8:45 am] SUMMARY: The Food and Drug
BILLING CODE 4184–01–M
SUMMARY: The Food and Drug Administration (FDA) is announcing an
Administration (FDA) is announcing opportunity for public comment on the
that a collection of information entitled proposed collection of certain
DEPARTMENT OF HEALTH AND information by the agency. Under the
HUMAN SERVICES ‘‘Regulations For In Vivo
Paperwork Reduction Act of 1995 (the
Radiopharmaceuticals Used For
PRA), Federal agencies are required to
Administration for Children and Diagnosis and Monitoring’’ has been
publish notice in the Federal Register
Families approved by the Office of Management concerning each proposed collection of
and Budget (OMB) under the Paperwork information, including each proposed
Invitation to Comment on Proposed Reduction Act of 1995. extension of an existing collection of
Data Composites and Potential information, and to allow 60 days for
FOR FURTHER INFORMATION CONTACT:
Performance Areas and Measures for public comment in response to the
Karen Nelson, Office of Management
the Child and Family Services Review notice. This notice solicits comments on
Programs (HFA–250), Food and Drug
Administration, 5600 Fishers Lane, the proposed collection of information
AGENCY: Children’s Bureau (CB), associated with the guidance document
Administration on Children, Youth and Rockville, MD 20857, 301–827–1482.
entitled ‘‘Requesting an Extension to
Families (ACYF), Administration for SUPPLEMENTARY INFORMATION: In the Use Existing Label Stock After the Trans
Children and Families (ACF), Federal Register of May 3, 2005 (70 FR Fat Labeling Effective Date of January 1,
Department of Health and Human 22887), the agency announced that the 2006.’’ Elsewhere in this issue of the
Services. proposed information collection had Federal Register, FDA is publishing a
ACTION: Correction notice to the been submitted to OMB for review and notice announcing the Office of
following action: Invitation to comment clearance under 44 U.S.C. 3507. An Management and Budget (OMB’s)
agency may not conduct or sponsor, and approval of this collection of
on proposed data composites and
a person is not required to respond to, information (OMB control number
potential performance areas and
a collection of information unless it 0910–0571). Since this was an
measures for the Federal Child and
displays a currently valid OMB control emergency approval that expires on
Family Services Review (CFSR). January 1, 2006, FDA is following the
number. OMB has now approved the
information collection and has assigned normal PRA clearance procedures by
Corrective Action: The initial issuing this notice.
publication in the Federal Register on OMB control number 0910–0409. The
approval expires on October 31, 2008. A DATES: Submit written or electronic
November 7, 2005 (70 FR 67479) comments on the collection of
inadvertently omitted the date that the copy of the supporting statement for this
information collection is available on information by January 23, 2006.
comments are due to the Children’s
the Internet at http://www.fda.gov/ ADDRESSES: Submit electronic
Bureau. The due date for comments is
ohrms/dockets. comments on the collection of
December 7, 2005. information to: http://www.fda.gov/
Dated: November 15, 2005.
Dated: November 17, 2005. dockets/ecomments. Submit written
Jeffrey Shuren, comments on the collection of
Reginia H. Ryan,
Assistant Commissioner for Policy. information to the Division of Dockets
Director, Executive Secretariat, ACYF.
[FR Doc. 05–23206 Filed 11–21–05; 8:45 am]
[FR Doc. 05–23039 Filed 11–21–05; 8:45 am] Management (HFA–305), Food and Drug
BILLING CODE 4160–01–S Administration, 5630 Fishers Lane, rm.
BILLING CODE 4184–01–P
1061, Rockville, MD 20852. All
comments should be identified with the
docket number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT:
Peggy Robbins, Office of Management
Programs (HFA–250), Food and Drug
Administration, 5600 Fishers Lane,
Rockville, MD 20857, 301–827–1223.

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70622 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Notices

SUPPLEMENTARY INFORMATION: Under the when appropriate, and other forms of appropriate to consider, on a case-by-
PRA (44 U.S.C. 3501–3520), Federal information technology. case basis, whether to exercise
agencies must obtain approval from enforcement discretion on the January 1,
Guidance for Requesting an Extension
OMB for each collection of information 2006, effective date for trans fat labeling
to Use Existing Label Stock After the
they conduct or sponsor. ‘‘Collection of for some businesses that can make an
Trans Fat Labeling Effective Date of
information’’ is defined in 44 U.S.C. January 1, 2006 (OMB Control Number appropriate showing.
3502(3) and 5 CFR 1320.3(c) and 0910–0571)—Extension The agency intends to consider the
includes agency requests or following factors in any request froma
requirements that members of the public This policy provides guidance to FDA firm for the agency’s exercise of
submit reports, keep records, or provide and the food industry about when and enforcement discretion:
information to a third party. Section how businesses may request the agency • Whether products contain 0.5 g or
3506(c)(2)(A) of the PRA (44 U.S.C. to consider enforcement discretion for less transfat;
3506(c)(2)(A)) requires Federal agencies the use of some or all existing label • The explanation of why the request
to provide a 60-day notice in the stock, that does not declare trans fat is being made;
labeling in compliance with the final
Federal Register concerning each • The number of existing labels that
proposed collection of information, rule, on products introduced into
the firm is requesting to use;
including each proposed extension of an interstate commerce on or after the
• The dollar amount associated with
existing collection of information, January 1, 2006, effective date.
Industry Compliance With the Trans the number of existing labels to be used;
before submitting the collection to OMB and
for approval. To comply with this Fat Final Rule
FDA issued a final rule (the trans fat • The estimate of the amount of time
requirement, FDA is publishing notice needed, not exceeding 12 months, to
final rule) on July 11, 2003, (68 FR
of the proposed collection of exhaust the number of existing labels
41434) to require food labels to bear the
information set forth in this document. gram (g) amount of trans fat without a the firm is requesting to use.
With respect to the following percent Daily Value (% DV)directly Requests may be considered at any
collection of information, FDA invites under the saturated fat line on the time before or after the January 1, 2006,
comments on these topics: (1) Whether Nutrition Facts panel (http:// effective date of the trans fat final rule.
the proposed collection of information www.cfsan.fda.gov/~acrobat/ Firms may submit their requests in
is necessary for the proper performance fr03711a.pdf). The trans fat final rule writing to FDA’s Center for Food Safety
of FDA’s functions, including whether affects almost all manufacturers of and Applied Nutrition. Firms are
the information will have practical packaged, labeled food sold in the encouraged to keep this letter of request
utility; (2) the accuracy of FDA’s United States. FDA believes that most for their records and should make a
estimate of the burden of the proposed businesses, including small businesses, copy available for inspection to any
collection of information, including the should not have difficulty meeting the FDA officer or employee of who
validity of the methodology and January 1, 2006, effective date of the requests it. FDA intends to use the
assumptions used; (3) ways to enhance trans fat final rule. However, under information in the letter to make
the quality, utility, and clarity of the certain circumstances some businesses decisions about whether a firm’s
information to be collected; and (4) may want to request that the agency product is subject to FDA’s enforcement
ways to minimize the burden of the consider an extension of time to use discretion for the trans fat labeling
collection of information on current labels that are not in compliance requirements.
respondents, including through the use with the trans fat final rule. Therefore, FDA estimates the burden of the
of automated collection techniques, the agency believes that it would be collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


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

Written requests to FDA in year one 56 1 56 5 280

Written requests to FDA in year two 28 1 28 5 140

Onetime burden hours for years one and two 420


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

FDA estimates a 2-year time period already received three requests from businesses have submitted requests to
during which these requests will be businesses regarding the trans fat FDA so far, FDA estimates that, in the
made following the issuance of this labeling compliance date of January 1, first year following the issuance of the
guidance. Beyond 2 years, FDA expects 2006. Because small businesses are guidance, the total number of businesses
businesses to fully comply with the more likely to submit requests for that will request a labeling compliance
trans fat final rule, as it is unlikely that extensions, and most of the affected extension from FDA can be estimated as
there will still be old labeling stock left businesses are small, we use the number approximately 0.5 percent of the
to use. of small businesses as the base to number of small businesses, which
FDA expects that, although all sizes of calculate the reporting burden. The equals 56.
business are eligible, small businesses regulatory flexibility analysis of the FDA estimates that it will take one
and very small businesses are the firms trans fat final rule estimated that 11,180 employee approximately 4 hours to put
most likely to be able to demonstrate a small businesses will have to revise the together a request to FDA and
need to request an extension to the trans labels on their products as a result of the approximately 1 hour for a supervisor to
fat labeling deadline. The agency has trans fat final rule. Given that only three look over the request before submitting

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Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Notices 70623

it to the agency. Thus, each firm had been submitted to OMB for review Administration (HRSA), Room 11C–26, 5600
submitting a compliance extension and clearance under 44 U.S.C. 3507. An Fishers Lane, Rockville, Maryland 20857 or
request will need 5 hours of employee agency may not conduct or sponsor, and e-mail clee@hrsa.gov. Requests should
contain the name, address, telephone
time to complete the request. Given that a person is not required to respond to,
number, and any business or professional
56 businesses are expected to submit a collection of information unless it affiliation of the person desiring to make an
written requests in year one, the total displays a currently valid OMB control oral presentation. Groups having similar
burden hours for year one are 280. number. OMB has now approved the interests are requested to combine their
In year two, FDA expects about one- information collection and has assigned comments and present them through a single
half as many firms to request a labeling OMB control number 0910–0571. The representative. The allocation of time may be
compliance extension. So for year two, approval expires on January 31, 2006. A adjusted to accommodate the level of
28 firms are expected to file a request copy of the supporting statement for this expressed interest. DVIC will notify each
for an extension to the labeling presenter by mail or telephone of their
information collection is available on
assigned presentation time. Persons who do
compliance date. Again, assuming that the Internet at http://www.fda.gov/ not file an advance request for a presentation,
it will take 5 hours to complete each ohrms/dockets. but desire to make an oral statement, may
request, the total burden hours for year Dated: November 14, 2005. announce it at the time of the comment
two will be 140. Jeffrey Shuren, period. These persons will be allocated time
Dated: November 14, 2005. as it permits.
Assistant Commissioner for Policy. For Further Information Contact: Anyone
Jeffrey Shuren, [FR Doc. 05–23041 Filed 11–21–05; 8:45 am] requiring information regarding the ACCV
Assistant Commissioner for Policy. BILLING CODE 4160–01–S should contact Ms. Cheryl Lee, Principal
[FR Doc. 05–23040 Filed 11–21–05; 8:45 am] Staff Liaison, DVIC, HSB, HRSA, Room 11C–
BILLING CODE 4160–01–S 26, 5600 Fishers Lane, Rockville, MD 20857;
DEPARTMENT OF HEALTH AND telephone (301) 443–2124 or e-mail
HUMAN SERVICES clee@hrsa.gov.
DEPARTMENT OF HEALTH AND Dated: November 15, 2005.
HUMAN SERVICES Health Resources and Services Tina M. Cheatham,
Administration Director, Division of Policy Review and
Food and Drug Administration Coordination.
Advisory Commission on Childhood
[Docket No. 2005N–0343] [FR Doc. 05–23042 Filed 11–21–05; 8:45 am]
Vaccines; Notice of Meeting
BILLING CODE 4165–15–P
Agency Information Collection In accordance with section 10(a)(2) of
Activities; Announcement of Office of the Federal Advisory Committee Act
Management and Budget Approval; (Pub. L. 92–463), notice is hereby given DEPARTMENT OF HEALTH AND
Guidance for Requesting an Extension of the following meeting: HUMAN SERVICES
to Use Existing Label Stock After the Name: Advisory Commission on
Trans Fat Labeling Effective Date of Office of Inspector General
Childhood Vaccines (ACCV).
January 1, 2006 Date and Time: December 12, 2005, 9
Publication of OIG Special Advisory
a.m.—5 p.m., EST.
AGENCY: Food and Drug Administration, Place: Audio Conference Call and Bulletin on Patient Assistance
HHS. Parklawn Building, Conference Rooms G & H, Programs for Medicare Part D
ACTION: Notice. 5600 Fishers Lane, Rockville, MD 20857. Enrollees
The ACCV will meet on Monday,
SUMMARY: The Food and Drug December 12, from 9 a.m. to 5 p.m. The
AGENCY: Office of Inspector General
Administration (FDA) is announcing public can join the meeting in person at the (OIG), HHS.
that a collection of information entitled address listed above or by audio conference ACTION: Notice.
‘‘Guidance for Requesting an Extension call by dialing 1–800–369–6048 on December
12 and providing the following information: SUMMARY: OIG periodically develops
to Use Existing Label Stock after the
Leader’s Name: Dr. Geoffrey Evans. and issues guidance, including Special
Trans Fat Labeling Effective Date of
Password: ACCV. Advisory Bulletins, to alert and inform
January 1, 2006’’ has been approved by
Agenda: The agenda items for the the health care industry about potential
the Office of Management and Budget December meeting will include, but are not problems or areas of special interest.
(OMB) under the Paperwork Reduction limited to: A summary of the U.S. Court of This Federal Register notice sets forth
Act of 1995 (the PRA). Elsewhere in this Federal Claims’ 18th Judicial Conference; a the recently issued OIG Special
issue of the Federal Register, FDA is report from the ACCV Workgroup looking at
Advisory Bulletin addressing patient
publishing a notice announcing an proposed guidelines for future changes to the
Vaccine Injury Table; and updates from the assistance programs for Medicare Part D
opportunity for public comment on this
Division of Vaccine Injury Compensation enrollees.
collection of information. Since this
collection received emergency approval (DVIC), Department of Justice, National FOR FURTHER INFORMATION CONTACT:
that expires on January 1, 2006, FDA is Vaccine Program Office, Immunization Safety Darlene M. Hampton, Office of Counsel
Office (Centers for Disease Control and to the Inspector General, (202) 619–
following the normal PRA clearance Prevention), National Institute of Allergy and
procedures by issuing that notice. 0335.
Infectious Diseases (National Institutes of
FOR FURTHER INFORMATION CONTACT: Health), and Center for Biologics and SUPPLEMENTARY INFORMATION:
Peggy Robbins, Office of Management Evaluation Research (Food and Drug Special Advisory Bulletin: Patient
Programs (HFA–250), Food and Drug Administration). Agenda items are subject to
change as priorities dictate.
Assistance Programs for Medicare Part
Administration, 5600 Fishers Lane, D Enrollees (November 2005)
Rockville, MD 20857, 301–827–1223. Public Comments: Persons interested in
providing an oral presentation should submit I. Introduction
SUPPLEMENTARY INFORMATION: In the a written request, along with a copy of their
Federal Register of September 1, 2005 presentation to: Ms. Cheryl Lee, Principal Patient assistance programs (PAPs)
(70 FR 52108), the agency announced Staff Liaison, DVIC, Healthcare Systems have long provided important safety net
that the proposed information collection Bureau (HSB), Health Resources and Services assistance to patients of limited means

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