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64542 Federal Register / Vol. 71, No.

212 / Thursday, November 2, 2006 / Notices

Contact Person: Johanna M. Clifford, Dated: October 26, 2006. contains a ‘‘major food allergen’’ declare
Center for Drug Evaluation and Research Randall W. Lutter, the presence of the allergen as specified
(HFD–21), Food and Drug Associate Commissioner for Policy and by FALCPA. FALCPA defines a ‘‘major
Administration, 5600 Fishers Lane, (for Planning. food allergen’’ as one of eight foods or
express delivery, 5630 Fishers Lane, rm. [FR Doc. E6–18442 Filed 11–1–06; 8:45 am] food groups or a food ingredient that
1093) Rockville, MD 20857, 301–827– BILLING CODE 4160–01–S contains protein derived from one of
7001, FAX: 301–827–6776, e-mail: those foods or food groups. A food
cliffordj@cder.fda.gov, or FDA Advisory ingredient may be exempt from
Committee Information Line, 1–800– DEPARTMENT OF HEALTH AND FALCPA’s labeling requirements if it
HUMAN SERVICES does not cause an allergic response that
741–8138 (301–443–0572 in the
poses a risk to human health or if it does
Washington, DC area), code Food and Drug Administration not contain allergenic protein.
3014512542. Please call the Information FALPCA’s labeling requirements apply
Line for up-to-date information on this [Docket No. 2005D–0490]
to products labeled on or after January
meeting. 1, 2006.
Guidance for Industry: Questions and
Agenda: The subcommittee will Answers Regarding Food Allergens, II. Discussion
consider endpoints for trials intended to Including the Food Allergen Labeling
support the approval of new drugs to and Consumer Protection Act of 2004 FDA has received numerous questions
treat pediatric brain tumors. The (Edition 4); Availability about the application of FALCPA’s
background material will become requirements to food products. To
available no later than the day before AGENCY: Food and Drug Administration, explain FALCPA’s requirements as well
HHS. as FDA’s current thinking on several
the meeting and will be posted on
ACTION:Notice of availability of issues relating to the regulation of food
FDA’s Website at http://www.fda.gov/
guidance. allergens, on October 5, 2005, FDA
ohrms/dockets/ac/acmenu.htm. under posted on the agency’s Web site the first
the heading ‘‘Oncologic Drugs Advisory SUMMARY: The Food and Drug edition of a guidance entitled
Committee.’’ (Click on the year 2006 Administration (FDA) is announcing the ‘‘Guidance for Industry: Questions and
and scroll down to the previously availability of a revised guidance Answers Regarding Food Allergens,
named committee meeting). document entitled ‘‘Guidance for including the Food Allergen Labeling
Procedure: Interested persons may Industry: Questions and Answers and Consumer Protection Act of 2004’’
present data, information, or views, Regarding Food Allergens, including the (http://www.cfsan.fda.gov/~dms/
orally or in writing, on issues pending Food Allergen Labeling and Consumer alrguid.html). This guidance was
before the subcommittee. Written Protection Act of 2004 (Edition 4).’’ The subsequently updated in December 2005
submissions may be made to the contact guidance explains, using a question and (Edition 2) and April 2006 (Edition 3).
person on or before November 21, 2006. answer format, FDA’s current thinking The guidance that is the subject of this
on a number of issues related to the document ‘‘Guidance for Industry:
Oral presentations from the public will
regulation of food allergens, including Questions and Answers Regarding Food
be scheduled between approximately 11
implementation of the Food Allergen Allergens, including the Food Allergen
a.m. to 12 noon. Time allotted for each Labeling and Consumer Protection Act Labeling and Consumer Protection Act
presentation may be limited. Those of 2004 (FALCPA). of 2004 (Edition 4),’’ responds to
desiring to make formal oral additional questions about FALCPA and
DATES: Submit written or electronic
presentations should notify the contact food allergens. The revised guidance is
comments on the agency guidance at
person and submit a brief statement of any time. intended to share FDA’s current
the general nature of the evidence or thinking on the additional questions
ADDRESSES: Submit written comments
arguments they wish to present, the presented in the guidance.
on the guidance to the Division of
names and addresses of proposed Dockets Management (HFA–305), Food Given the nature of the revisions to
participants, and an indication of the and Drug Administration, 5630 Fishers the guidance, FDA is issuing the
approximate time requested to make Lane, rm. 1061, Rockville, MD 20852. guidance as a level 1 guidance.
their presentation on or before Submit electronic comments to http:// Consistent with FDA’s good guidance
November 21, 2006. www.fda.gov/dockets/ecomments. See practices regulation (§ 10.115 (21 CFR
Persons attending FDA’s advisory the SUPPLEMENTARY INFORMATION section 10.115)), the agency will accept
for electronic access to the guidance comments, but it is implementing the
committee meetings are advised that the
document. guidance document immediately, in
agency is not responsible for providing
accordance with § 10.115(g)(2), because
access to electrical outlets. FOR FURTHER INFORMATION CONTACT: the agency has determined that prior
FDA welcomes the attendance of the Rhonda R. Kane, Center for Food Safety public participation is not feasible or
public at its advisory committee and Applied Nutrition (HFS–820), Food appropriate. As noted, FALPCA’s
meetings and will make every effort to and Drug Administration, 5100 Paint labeling requirements apply to products
accommodate persons with physical Branch Pkwy., College Park, MD 20740, labeled on or after January 1, 2006.
disabilities or special needs. If you 301–436–2371, or by e-mail: Clarifying FDA’s current thinking on the
require special accommodations due to rhonda.kane@fda.hhs.gov. additional issues presented by
a disability, please contact Johanna SUPPLEMENTARY INFORMATION: FALCPA’s implementation will help
Clifford at least 7 days in advance of the facilitate the food industry’s compliance
I. Background
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meeting. with FALCPA’s requirements.


The FALCPA (Public Law 108–282) FDA expects to continue to receive
Notice of this meeting is given under amends the Federal Food, Drug, and questions regarding the implementation
the Federal Advisory Committee Act (5 Cosmetic Act (the act) and requires that of FALCPA and the regulation of food
U.S.C. app. 2). the label of a food product that is, or allergens generally. The agency intends
that contains, an ingredient that bears or to respond to these inquires under

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Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Notices 64543

§ 10.115 as promptly as possible, using DEPARTMENT OF HOMELAND Communications System that pertain to
a question-and-answer format. The SECURITY persons, goods, or conveyances.
agency believes that, at the present time, As part of the information it accesses
it is reasonable to maintain all responses Office of the Secretary for screening, Passenger Name Record
to questions concerning food allergens (PNR) information, which is currently
and FALCPA in a single document that [DHS–2006–0060] collected pursuant to an existing CBP
is periodically updated as the agency regulation (19 CFR 122.49d) from both
Privacy Act of 1974; System of inbound and outbound travelers
receives and responds to additional Records
questions. The following four indicators through the carrier upon which travel
will be employed to help users of the AGENCY: Privacy Office, Department of occurs, is stored in the Automated
guidance identify revisions: (1) The Homeland Security. Targeting System. PNR is comprised of
guidance will be identified as a revision ACTION: Notice of Privacy Act system of
data which carriers collect as a matter
of a previously issued document, (2) the records. of their usual business practice in
revision date of the guidance will negotiating and arranging the travel
SUMMARY: To provide expanded notice transaction.
appear on its cover, (3) the edition
number of the guidance will be and transparency to the public, the As noted above, this system of records
Department of Homeland Security, U.S. notice does not identify or create any
included in its title, and (4) questions
Customs and Border Protection gives new collection of information, rather
and answers that have been added to the
notice regarding the Automated DHS is providing additional notice and
original guidance will be identified as
Targeting System, which is the transparency of the functionality of
such in the body of the guidance. enforcement screening module these systems.
This guidance represents the agency’s associated with the Treasury DATES: The new system of records will
current thinking on issues related to Enforcement Communications System be effective December 4, 2006, unless
FALCPA and food allergens generally and was previously covered by the comments are received that result in a
that are presented in the guidance. The Treasury Enforcement Communications contrary determination.
guidance does not create or confer any System ‘‘System of Records Notice.’’
ADDRESSES: You may submit comments,
rights for or on any person and does not This system of records is subject to the
Privacy Act of 1974, as amended (5 identified by docket number, by one of
operate to bind FDA or the public. An the following methods:
alternative approach may be used if U.S.C. 552a).
The Treasury Enforcement • Federal eRulemaking Portal: http://
such approach satisfies the www.regulations.gov. Follow the
requirements of the applicable statutes Communications System is established
as an overarching law enforcement instructions for submitting comments
and regulations. via docket number DH6–2006–0060.
information collection, targeting, and
III. Comments sharing environment. This environment • Fax: 202–572–8727.
is comprised of several modules • Mail: Comments by mail are to be
Interested persons may submit to the designed to collect, maintain, and addressed to the Border Security
Division of Dockets Management (see screen data, conduct targeting, and Regulations Branch, Office of
ADDRESSES) written or electronic share information. Among these Regulations and Rulings, Bureau of
comments regarding this guidance at modules, the Automated Targeting Customs and Border Protection, 1300
any time. Submit a single copy of System performs screening of both Pennsylvania Avenue, NW. (Mint
electronic comments or two paper inbound and outbound cargo, travelers, Annex), Washington, DC 20229.
copies of any mailed comments, except and conveyances. As part of this Comments by mail may also be
that individuals may submit one paper screening function, the Automated submitted to Hugo Teufel III, Chief
copy. Comments are to be identified Targeting System compares information Privacy Officer, Department of
with the docket number found in obtained from the public with a set Homeland Security, 601 S. 12th Street,
brackets in the heading of this series of queries designed to permit Arlington, VA 22202–4220.
document. Received comments and the targeting of conveyances, goods, cargo, • Instructions: All submissions
guidance may be seen in the Division of or persons to facilitate DHS’s border received must include the agency name
Dockets Management between 9 a.m. enforcement mission. and docket number for this rulemaking.
and 4 p.m., Monday through Friday. The risk assessment and links to All comments received will be posted
information upon which the assessment without change to http://
IV. Electronic Access is based, which are stored in the www.regulations.gov, including any
Automated Targeting System, are personal information provided.
Persons with access to the Internet
created from existing information in a • Docket: For access to the docket to
may obtain the guidance document at
number of sources, including, but not read background documents or
http://www.cfsan.fda.gov/guidance.html
limited to: the trade community through comments received go to http://
or http://www.fda.gov/ohrms/dockets/ the Automated Commercial System or www.regulations.gov. Submitted
default.htm. its successor; the Automated comments may also be inspected during
Dated: October 26, 2006. Commercial Environment system; the regular business days between the hours
Jeffrey Shuren, traveling public through information of 9 a.m. and 4:30 p.m. at the
Assistant Commissioner for Policy. submitted by their carrier to the Regulations Branch, Office of
[FR Doc. E6–18443 Filed 11–1–06; 8:45 am]
Advance Passenger Information System; Regulations and Rulings, Bureau of
mstockstill on PROD1PC61 with NOTICES

persons crossing the United States land Customs and Border Protection, 799 9th
BILLING CODE 4160–01–S
border by automobile or on foot; the Street, NW., 5th Floor, Washington, DC.
Treasury Enforcement Communications Arrangements to inspect submitted
System, or its successor; or law comments should be made in advance
enforcement information maintained in by calling Mr. Joseph Clark at (202) 572–
other parts of the Treasury Enforcement 8768.

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