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Federal Register / Vol. 73, No.

59 / Wednesday, March 26, 2008 / Notices 16021

manufacturer or distributor of a dietary name of the new dietary ingredient, (3) that contain new dietary ingredients, in
supplement containing a new dietary a description of the dietary supplements order to protect consumers from unsafe
ingredient, or of a new dietary that contain the new dietary ingredient, dietary supplements. FDA uses the
ingredient, to submit to the Office of and (4) the history of use or other information collected under these
Nutrition, Labeling, and Dietary evidence of safety establishing that the regulations to help ensure that a
Supplements notification of the basis for dietary ingredient will reasonably be manufacturer or distributor of a dietary
their conclusion that said supplement or expected to be safe. supplement containing a new dietary
ingredient will reasonably be expected The notification requirements ingredient is in full compliance with the
to be safe. Section 190.6(b) requires that described previously are designed to act.
the notification include the following: enable FDA to monitor the introduction
(1) The complete name and address of into the food supply of new dietary FDA estimates the burden of this
the manufacturer or distributor, (2) the ingredients and dietary supplements collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Respondents per Response Responses Response

190.6 71 1 71 20 1,420
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The agency believes that there will be DEPARTMENT OF HEALTH AND comments should be identified with the
minimal burden on the industry to HUMAN SERVICES docket number found in brackets in the
generate data to meet the requirements heading of this document.
of the premarket notification program Food and Drug Administration FOR FURTHER INFORMATION CONTACT:
because the agency is requesting only [Docket No. FDA–2008–N–0173] Denver Presley, Jr., Office of the Chief
that information that the manufacturer Information Officer (HFA–250), Food
or distributor should already have Agency Information Collection and Drug Administration, 5600 Fishers
developed to satisfy itself that a dietary Activities; Proposed Collection; Lane, Rockville, MD 20857, 301–827–
supplement containing a new dietary Comment Request; Appeals of 1472.
ingredient is in full compliance with the Science-Based Decisions Above the
SUPPLEMENTARY INFORMATION: Under the
act. However, the agency estimates that Division Level at the Center for
PRA (44 U.S.C. 3501–3520), Federal
extracting and summarizing the relevant Veterinary Medicine
agencies must obtain approval from the
information from the company’s files AGENCY: Food and Drug Administration, Office of Management and Budget
and presenting it in a format that will HHS. (OMB) for each collection of
meet the requirements of section 413 of ACTION: Notice. information they conduct or sponsor.
the act will require a burden of ‘‘Collection of information’’ is defined
approximately 20 hours of work per SUMMARY: The Food and Drug in 44 U.S.C. 3502(3) and 5 CFR
submission. Administration (FDA) is announcing an 1320.3(c) and includes agency requests
opportunity for public comment on the or requirements that members of the
The estimated number of premarket
proposed collection of certain public submit reports, keep records, or
notifications and hours per response is
information by the agency. Under the provide information to a third party.
an average based on the agency’s Paperwork Reduction Act of 1995 (the Section 3506(c)(2)(A) of the PRA (44
experience with notifications received PRA), Federal agencies are required to U.S.C. 3506(c)(2)(A)) requires Federal
during the last 3 years (i.e., 2005, 2006, publish notice in the Federal Register agencies to provide a 60-day notice in
and 2007), and information from firms concerning each proposed collection of the Federal Register concerning each
that have submitted recent premarket information, including each proposed proposed collection of information,
notifications. extension of an existing collection of including each proposed extension of an
Please note that on January 15, 2008, information, and to allow 60 days for existing collection of information,
the FDA Division of Dockets public comment in response to the before submitting the collection to OMB
Management Web site transitioned to notice. This notice solicits comments on for approval. To comply with this
the Federal Dockets Management the information collection requirements requirement, FDA is publishing notice
System (FDMS). FDMS is a for appeals of science-based decisions of the proposed collection of
Government-wide, electronic docket above the division level at the Center for information set forth in this document.
management system. Electronic Veterinary Medicine (CVM). With respect to the following
comments or submissions will be DATES: Submit written or electronic collection of information, FDA invites
accepted by FDA through FDMS only. comments on the collection of comments on these topics: (1) Whether
information by May 27, 2008. the proposed collection of information
Dated: March 19, 2008.
ADDRESSES: Submit electronic is necessary for the proper performance
Jeffrey Shuren, comments on the collection of of FDA’s functions, including whether
Associate Commissioner for Policy and information to http:// the information will have practical
Planning. www.regulations.gov. Submit written utility; (2) the accuracy of FDA’s
pwalker on PROD1PC71 with NOTICES

[FR Doc. E8–6061 Filed 3–25–08; 8:45 am] comments on the collection of estimate of the burden of the proposed
BILLING CODE 4160–01–S information to the Division of Dockets collection of information, including the
Management (HFA–305), Food and Drug validity of the methodology and
Administration, 5630 Fishers Lane, rm. assumptions used; (3) ways to enhance
1061, Rockville, MD 20852. All the quality, utility, and clarity of the

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16022 Federal Register / Vol. 73, No. 59 / Wednesday, March 26, 2008 / Notices

information to be collected; and (4) Medicine’’ describes the process by applicants or manufacturers, for animal
ways to minimize the burden of the which CVM formally resolves disputes drugs or other products regulated by
collection of information on relating to scientific controversies. A CVM, that wish to submit a request for
respondents, including through the use scientific controversy involves issues review of a scientific dispute. When an
of automated collection techniques, concerning a specific product regulated applicant has a scientific disagreement
when appropriate, and other forms of by CVM related to matters of technical and a written decision by CVM, the
information technology. expertise and requires specialized applicant may submit a request for
education, training, or experience to be review of that decision by following the
Appeals of Science-Based Decisions understood and resolved. Further, the
Above the Division Level at the Center established agency channels of
guidance details information on how the supervision for review.
for Veterinary Medicine—21 CFR Part agency intends to interpret and apply
10.75 (OMB Control Number 0910– provisions of the existing regulations Respondents to this collection of
0566)—Extension regarding internal agency review of information are applicants that wish to
CVM’s ‘‘Guidance for Industry #79— decisions. In addition, the guidance submit a request for review of a
Dispute Resolution Procedures for outlines the established recommended scientific dispute.
Science-Based Decisions on Products procedures for persons who are FDA estimates the burden of this
Regulated by the Center for Veterinary applicants, including sponsor collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Respondents per Response Responses Response

10.75 2 4 8 10 80
1There are no capital costs or operating and maintenance costs associated with this collection of information.

This estimated annual reporting of the Food and Drug Administration application (NDA) 22–244, fospropofol
burden is based on CVM’s experience (FDA). The meeting will be open to the disodium injection (35 milligrams/
over the past 3 years in handling formal public. milliliter) (proposed tradename
appeals for scientific disputes. The Name of Committee: Anesthetic and Aquavan), MGI Pharma, Inc., for the
number of respondents multiplied by Life Support Drugs Advisory proposed indication of sedation in adult
the annual frequency of response equals Committee. patients undergoing diagnostic or
the total annual responses. The number General Function of the Committee: therapeutic procedures.
of hours per response is based on To provide advice and FDA intends to make background
discussions with industry and may vary recommendations to the agency on material available to the public no later
depending on the complexity of the FDA’s regulatory issues. than 2 business days before the meeting.
issue(s) involved and the duration of the Date and Time: The meeting will be If FDA is unable to post the background
appeal process. held on May 7, 2008, from 8 a.m. to 4:30 material on its Web site prior to the
Please note that on January 15, 2008, p.m. meeting, the background material will
the FDA Division of Dockets Location: Holiday Inn, The Ballrooms, be made publicly available at the
Management Web site transitioned to Two Montgomery Village Ave., location of the advisory committee
the Federal Dockets Management Gaithersburg, MD, 301–948–8900. meeting, and the background material
System (FDMS). FDMS is a Contact Person: Teresa Watkins, will be posted on FDA’s Web site after
Government-wide, electronic docket Center for Drug Evaluation and Research the meeting. Background material is
management system. Electronic (HFD–21), Food and Drug available at http://www.fda.gov/ohrms/
comments or submissions will be Administration, 5600 Fishers Lane (for dockets/ac/acmenu.htm, click on the
accepted by FDA through FDMS only. express delivery, 5630 Fishers Lane, year 2008 and scroll down to the
Dated: March 18, 2008. Rm. 1093), Rockville, MD 20857, 301– appropriate advisory committee link.
Jeffrey Shuren, 827–7001, FAX: 301–827–6776, e-mail: Procedure: Interested persons may
Associate Commissioner for Policy and Teresa.Watkins@fda.hhs.gov, or FDA present data, information, or views,
Planning. Advisory Committee Information Line, orally or in writing, on issues pending
[FR Doc. E8–6065 Filed 3–25–08; 8:45 am] 1–800–741–8138 (301–443–0572) in before the committee. Written
BILLING CODE 4160–01–S
Washington, DC area), code submissions may be made to the contact
3014512529. Please call the Information person on or before April 23, 2008. Oral
Line for up-to-date information on this presentations from the public will be
DEPARTMENT OF HEALTH AND meeting. A notice in the Federal scheduled between approximately 1
HUMAN SERVICES Register about last minute modifications p.m. and 2 p.m. Those desiring to make
that impact a previously announced formal oral presentations should notify
Food and Drug Administration advisory committee meeting cannot the contact person and submit a brief
always be published quickly enough to statement of the general nature of the
Anesthetic and Life Support Drugs provide timely notice. Therefore, you evidence or arguments they wish to
Advisory Committee; Notice of Meeting should always check the agency’s Web present, the names and addresses of
Food and Drug Administration, site and call the appropriate advisory proposed participants, and an
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AGENCY:
HHS. committee hot line/phone line to learn indication of the approximate time
ACTION: Notice. about possible modifications before requested to make their presentation on
coming to the meeting. or before April 15, 2008. Time allotted
This notice announces a forthcoming Agenda: On May 7, 2008, the for each presentation may be limited. If
meeting of a public advisory committee committee will discuss new drug the number of registrants requesting to

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