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Federal Register / Vol. 71, No.

167 / Tuesday, August 29, 2006 / Notices 51195

scheduled for the meeting; or you may FOR FURTHER INFORMATION CONTACT: system. The information collected is
contact the Board’s Web site at http:// Jonna Capezzuto, Office of Management used by FDA’s Center for Drug
www.federalreserve.gov for an electronic Programs (HFA–250), Food and Drug Evaluation and Research (CDER) and
announcement that not only lists Administration, 5600 Fishers Lane, Center for Biologics Evaluation and
applications, but also indicates Rockville, MD 20857, 301–827–4659. Research (CBER) to initiate the
procedural and other information about SUPPLEMENTARY INFORMATION: In administrative screening of new drug
the meeting. compliance with 44 U.S.C. 3507, FDA applications, biologics license
Board of Governors of the Federal Reserve has submitted the following proposed applications, and supplemental
System, August 25, 2006. collection of information to OMB for applications.
Robert deV. Frierson, review and clearance. Respondents to this collection of
Deputy Secretary of the Board. information are new drug and biologics
User Fee Cover Sheet; Form FDA manufacturers. Based on FDA’s database
[FR Doc. 06–7253 Filed 8–25–06; 1:17 pm] 3397—(OMB Control Number 0910– system for fiscal year (FY) 2005, there
BILLING CODE 6210–01–S 0297)—Extension are an estimated 243 manufacturers of
Under sections 735 and 736 of the products subject to PDUFA. However,
Federal Food, Drug, and Cosmetic Act not all manufacturers will have any
DEPARTMENT OF HEALTH AND (21 U.S.C. 379g and 379h), the submissions, and some may have
HUMAN SERVICES Prescription Drug User Fee Act of 1992 multiple submissions in a given year.
(PDUFA) (Public Law 102–571), as The total number of annual responses is
Food and Drug Administration amended by the Food and Drug based on the number of submissions
[Docket No. 2006N–0203] Administration Modernization Act of received by FDA in FY 2005. CDER
1997 (Public Law 105–115), and the estimates 3,085 annual responses that
Agency Information Collection Public Health Security and Bioterrorism include the following submissions: 101
Activities; Submission for Office of Preparedness and Response Act of 2002, new drug applications; 3 biologics
Management and Budget Review; which includes the Prescription Drug license applications; 1,915
Comment Request; User Fee Cover User Fee Amendments of 2002 (Public manufacturing supplements; 921
Sheet; Form FDA 3397 Law 107–188), FDA has the authority to labeling supplements; and 145 efficacy
assess and collect user fees for certain supplements. CBER estimates 676
AGENCY: Food and Drug Administration, drug and biologics license applications annual responses that include the
HHS. and supplements. Under this authority, following submissions: 6 biologics
ACTION: Notice. pharmaceutical companies pay a fee for license applications, 614 manufacturing
certain new human drug applications, supplements, 46 labeling supplements,
SUMMARY: The Food and Drug and 10 efficacy supplements. Based on
biologics license applications, or
Administration (FDA) is announcing supplements submitted to FDA for previous estimates, the rate of
that a proposed collection of review. Because the submission of user submissions is not expected to change
information has been submitted to the fees concurrently with applications and significantly in the next few years. The
Office of Management and Budget supplements is required, review of an estimated hours per response are based
(OMB) for review and clearance under application by FDA cannot begin until on past FDA experience with the
the Paperwork Reduction Act of 1995. the fee is submitted. Form FDA 3397, various submissions, and range from 5
DATES: Fax written comments on the the user fee cover sheet, is designed to to 30 minutes. The hours per response
collection of information by September provide the minimum necessary are based on the average of these
28, 2006. information to determine whether a fee estimates.
ADDRESSES: To ensure that comments on is required for review of an application, In the Federal Register of May 25,
the information collection are received, to determine the amount of the fee 2006 (71 FR 30144), FDA published a
OMB recommends that written required, and to account for and track 60-day notice requesting public
comments be faxed to the Office of user fees. The form provides a cross- comment on the information collection
Information and Regulatory Affairs, reference of the fee submitted for an provisions. No comments were received.
OMB, Attn: FDA Desk Officer, FAX: application with the actual application FDA estimates the burden of this
202–395–6974. by using a unique number tracking collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


Annual Frequency per Total Annual
Form No. of Respondents Hours per Respondent Total Hours
Response Responses

FDA 3397 243 15.48 3,761 0.30 1,128


1There are no capital costs or operating and maintenance costs associated with this collection of information.
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51196 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Notices

Dated: August 22, 2006. docket number found in brackets in the user fees for certain medical device
Jeffrey Shuren, heading of this document. applications. FDA published a Federal
Assistant Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: Register notice on August 2, 2006 (71
[FR Doc. E6–14266 Filed 8–28–06; 8:45 am] Denver Presley, Jr., Office of FR 43784), announcing fees for fiscal
BILLING CODE 4160–01–S Management Programs (HFA–250), Food year (FY) 2007. To avoid harming small
and Drug Administration, 5600 Fishers businesses, MDUFMA provides for
Lane, Rockville, MD 20857, 301–827– reduced or waived fees for applicants
DEPARTMENT OF HEALTH AND 1472. who qualify as a ‘‘small business.’’ This
HUMAN SERVICES SUPPLEMENTARY INFORMATION: Under the
means there are two levels of fees, a
PRA (44 U.S.C. 3501–3520), Federal standard fee, and a reduced or waived
Food and Drug Administration agencies must obtain approval from the small business fee.
Office of Management and Budget For FY 2006, you can qualify for a
[Docket No. 2006N–0327] (OMB) for each collection of small business fee discount under
information they conduct or sponsor. MDUFMA if you reported gross receipts
Agency Information Collection or sales of no more than $100 million
Activities; Proposed Collection; ‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR on your Federal income tax return for
Comment Request; Medical Device the most recent tax year. If you have any
User Fee and Modernization Act Small 1320.3(c) and includes agency requests
or requirements that members of the affiliates, partners, or parent firms, you
Business Qualification Certification must add their gross receipts or sales to
public submit reports, keep records, or
(Form FDA 3602) yours and the total must be no more
provide information to a third party.
AGENCY: Food and Drug Administration, Section 3506(c)(2)(A) of the PRA (44 than $100 million. If your gross receipts
HHS. U.S.C. 3506(c)(2)(A)) requires Federal or sales are no more than $30 million
ACTION: Notice. agencies to provide a 60-day notice in (including all of your affiliates, partners,
the Federal Register concerning each and parent firms), you will also qualify
SUMMARY: The Food and Drug proposed collection of information, for a waiver of the fee for your first
Administration (FDA) is announcing an including each proposed extension of an (ever) premarket application (PMA,
opportunity for public comment on the existing collection of information, product development protocol (PDP),
proposed collection of certain before submitting the collection to OMB biologics licensing application (BLA), or
information by the agency. Under the for approval. To comply with this Premarket Report). An applicant must
Paperwork Reduction Act of 1995 (the requirement, FDA is publishing notice pay the full standard fee unless it
PRA), Federal agencies are required to of the proposed collection of provides evidence demonstrating to
publish notice in the Federal Register information set forth in this document. FDA that it meets the ‘‘small business’’
concerning each proposed collection of With respect to the following criteria. The evidence required by
information, including each proposed collection of information, FDA invites MDUFMA is a copy of the most recent
extension of an existing collection of comments on these topics: (1) Whether Federal income tax return of the
information, and to allow 60 days for the proposed collection of information applicant, and any affiliate, partner, or
public comment in response to the is necessary for the proper performance parent firm. FDA will review these
notice. This notice solicits comments on of FDA’s functions, including whether materials and decide whether an
the proposed collection of information the information will have practical applicant is a ‘‘small business’’ within
that will permit an applicant to certify utility; (2) the accuracy of FDA’s the meaning of MDUFMA.
that it qualifies as a ‘‘small business’’ estimate of the burden of the proposed Form FDA 3602 is available in
within the meaning of the Medical collection of information, including the guidance document, ‘‘Guidance for
Device User Fee and Modernization Act validity of the methodology and Industry and FDA: FY 2006 MDUFMA
(MDUFMA). assumptions used; (3) ways to enhance Small Business Qualification Worksheet
the quality, utility, and clarity of the and Certification.’’ This guidance
DATES: Submit written or electronic
information to be collected; and (4) describes the criteria FDA will use to
comments on the collection of
ways to minimize the burden of the decide whether an entity qualifies as a
information by October 30, 2006. collection of information on
ADDRESSES: Submit electronic MDUFMA small business and will help
respondents, including through the use prospective applicants understand what
comments on the collection of of automated collection techniques,
information to: http://www.fda.gov/ they need to do to meet the small
when appropriate, and other forms of business criteria for FY 2006 and
dockets/ecomments. Submit written information technology.
comments on the collection of subsequent fiscal years.
information to the Division of Dockets MDUFMA Small Business Qualification Description of Respondents:
Management (HFA–305), Food and Drug Certification (Form FDA 3602)—(OMB Respondents will be businesses or other
Administration, 5630 Fishers Lane, rm. Control Number 0910–0508)—Extension for-profit organizations.
1061, Rockville, MD 20852. All MDUFMA amends the Federal Food, FDA estimates the burden of this
comments should be identified with the Drug, and Cosmetic Act to provide for collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
FDA Form Number Total Hours
Respondents per Response Responses Response
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3602 2,000 1 2,000 1 2,000

Total Hours 2,000


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

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