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27264 Federal Register / Vol. 71, No.

90 / Wednesday, May 10, 2006 / Notices

FOOD SAFETY AND DEFENSE WORKSHOP REGISTRATION FORM—Continued


Fax:

E-mail:

Special Accommodations Required:

Transcripts: Transcripts of the public Manufacturing, Packing, or Holding reaching final determinations in
workshop will not be available due to Human Food, (2) pathogens of public accordance with these regulations.
the format of this workshop. Course health concern, (3) food allergen cross- DATES: Submit written or electronic
handouts may be requested at cost contact, (4) an overview of HACCP, and comments on the draft guidance by July
through the Freedom of Information (5) food defense awareness; as well as 10, 2006. General comments on agency
Office (HFI–35), Food and Drug other related topics. FDA expects that guidance documents are welcome at any
Administration, 5600 Fishers Lane, rm. participation in this public workshop time.
6–30, Rockville, MD 20857, will provide regulated industry with ADDRESSES: Submit written requests for
approximately 15 working days after the greater understanding of the regulatory single copies of the draft guidance to the
public workshop at a cost of 10 cents and policy perspectives on food safety Office of Policy (HF–11), Office of the
per page. and defense and will increase voluntary Commissioner, Food and Drug
SUPPLEMENTARY INFORMATION: This compliance. Administration, 5600 Fishers Lane,
public workshop is being held in Dated: May 4, 2006. Rockville, MD 20857. Send one self-
response to the large volume of food Jeffrey Shuren, addressed adhesive label to assist that
safety and defense inquiries from small Assistant Commissioner for Policy. office in processing your requests.
food manufacturers and startups Submit telephone requests to 800–835–
[FR Doc. 06–4366 Filed 5–5–06; 3:27 pm]
originating from the area covered by the 4709 or 301–827–1800.
BILLING CODE 4160–01–S
FDA Dallas District Office. The SWR Submit written comments on the draft
SBR presents these workshops to help guidance to the Division of Dockets
achieve objectives set forth in section Management (HFA–305), Food and Drug
DEPARTMENT OF HEALTH AND
406 of the Food and Drug Administration, 5630 Fishers Lane, rm.
HUMAN SERVICES 1061, Rockville, MD 20852. Submit
Administration Modernization Act of
1997 (21 U.S.C. 393), which include Food and Drug Administration electronic comments to http://
working closely with stakeholders and www.fda.gov/dockets/ecomments. See
maximizing the availability and clarity [Docket No. 2006D–0172] the SUPPLEMENTARY INFORMATION section
of information to stakeholders and the for electronic access to the draft
Draft Guidance for Clinical guidance document.
public. This is consistent with the Investigators, Institutional Review
purposes of the Small Business FOR FURTHER INFORMATION CONTACT: Erik
Boards, and Sponsors; Process for
Representative Program, which are in Mettler, Office of Policy (HF–11), Food
Handling Pediatric Referrals to the
part to respond to industry inquiries, and Drug Administration, 5600 Fishers
Food and Drug Administration:
develop educational materials, and Lane, Rockville, MD 20857, 301–827–
Additional Safeguards for Children in
sponsor workshops and conferences to 3360.
Clinical Investigations
provide firms, particularly small SUPPLEMENTARY INFORMATION:
businesses, with firsthand working AGENCY: Food and Drug Administration,
knowledge of FDA’s requirements and HHS. I. Background
compliance policies. This workshop is ACTION: Notice. FDA is announcing the availability of
also consistent with the Small Business a draft guidance entitled ‘‘Guidance for
Regulatory Enforcement Fairness Act of SUMMARY: The Food and Drug Industry; Process for Handling Referrals
1996 (Public Law 104–121), as outreach Administration (FDA) is announcing the to FDA Under 21 CFR 50.54: Additional
activities by Government agencies to availability of a draft guidance entitled Safeguards for Children in Clinical
small businesses. ‘‘Guidance for Industry; Process for Investigations.’’ FDA issued 21 CFR part
The goal of this public workshop is to Handling Pediatric Referrals to FDA: 50, subpart D, ‘‘Additional Safeguards
present information that will enable Additional Safeguards for Children in for Children in Clinical Investigations,’’
manufacturers and regulated industry to Clinical Investigations.’’ This guidance (part 50, subpart D) as an interim final
better understand food safety and is intended to assist clinical rule on April 24, 2001 (66 FR 20598).
defense requirements and guidance, investigators, institutional review Under these regulations, an IRB must
especially in light of growing concerns boards (IRBs), sponsors, and other review clinical investigations involving
about food safety, food allergen cross- interested parties in understanding children as subjects and covered by
contact, and food defense. Information FDA’s process for handling clinical subpart D and approve only those
presented will be based on agency investigations that include children as clinical investigations that satisfy the
position as articulated through subjects and that have been referred to criteria described in §§ 50.51, 50.52, or
regulation, compliance policy guides, FDA for review under FDA regulations 50.53, as well as the conditions of all
and information previously made on additional safeguards for children in other applicable sections in subpart D.
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available to the public. The following clinical investigations. The draft Under § 50.54, if an IRB does not
topics will be discussed at the guidance describes the procedures FDA believe that a clinical investigation
workshop: (1) Code of Federal generally intends to follow in handling within the scope described in §§ 50.1
Regulations, Title 21, Part 110, Current clinical investigations referred for and 56.101 (21 CFR 56.101) and
Good Manufacturing Practice in review under these regulations and in involving children as subjects meets the

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Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Notices 27265

requirements of §§ 50.51, 50.52, or Budget (OMB) for each collection of submission/referral the documentation
50.53, the clinical investigation may information they conduct or sponsor. of its finding under § 50.54(a) that the
proceed only if the following occurs: (1) ‘‘Collection of information’’ is defined clinical investigation presents a
The IRB finds and documents that the in 44 U.S.C. 3502(3) and 5 CFR reasonable opportunity to further the
clinical investigation presents a 1320.3(c) and includes agency requests understanding, prevention, or
reasonable opportunity to further the or requirements that members of the alleviation of a serious problem
understanding, prevention, or public submit reports, keep records, or affecting the health or welfare of
alleviation of a serious problem provide information to a third party. children.
affecting the health or welfare of Section 3506(c)(2)(A) of the PRA (44 Under § 50.54(a), IRBs must find and
children; and (2) the Commissioner of U.S.C. 3506(c)(2)(A)) requires Federal document that the clinical investigation
Food and Drugs, after consultation with agencies to provide a 60-day notice in presents a reasonable opportunity to
a panel of experts in pertinent the Federal Register concerning each further the understanding, prevention,
disciplines (for example: science, proposed collection of information or alleviation of a serious problem
medicine, education, ethics, law) and before submitting the collection to OMB affecting the health or welfare of
following opportunity for public review for approval. To comply with this children. The requirement to
and comment, determines either of the requirement, FDA is publishing notice ‘‘document’’ the finding is a
following: (1) The clinical investigation of the proposed collection of recordkeeping requirement. IRB
in fact satisfies the conditions of information set forth below. recordkeeping requirements are set forth
§§ 50.51, 50.52, or 50.53, as applicable, With respect to the following in FDA regulations on IRBs (part 56) at
or (2) the following conditions are met: collection of information, FDA invites § 56.115, and are approved under OMB
(A) The clinical investigation presents a comment on these topics: (1) Whether control number 0910–0130 until
reasonable opportunity to further the the proposed collection of information November 30, 2007. Thus, only the
understanding, prevention, or is necessary for the proper performance submission to FDA of the IRB’s finding
alleviation of a serious problem of FDA’s functions, including whether would not already be required under
affecting the health or welfare of the information will have practical § 50.54(a). FDA estimates that each
children; (B) the clinical investigation utility; (2) the accuracy of FDA’s submission would take no more than 15
will be conducted in accordance with estimate of the burden of the proposed minutes because, as required by the
sound ethical principles; and (C) collection of information, including the regulation, the IRB will already have
adequate provisions are made for validity of the methodology and prepared and documented the finding,
soliciting the assent of children and the assumptions used; (3) ways to enhance and the IRB would only have to send
permission of their parents or guardians the quality, utility, and clarity of the the documentation of that finding to
as set forth in § 50.55. information to be collected; and (4) FDA.
The draft guidance describes the ways to minimize the burden of the The draft guidance also contains a
procedures FDA generally will follow in collection on respondents, including second collection of information. The
handling clinical investigations referred through the use of automated collection introductory paragraph to § 50.54 states
for review under § 50.54 and in reaching techniques, when appropriate, and other that if an IRB does not believe that a
final determinations under that forms of information technology. clinical investigation within the scope
regulation. The draft guidance is based The draft guidance is intended to described in §§ 50.1 and 56.101 and
in part on FDA’s experience to date with assist clinical investigators, IRBs, involving children as subjects meets the
such referrals. The Department of sponsors, and other interested parties in requirements of §§ 50.51, 50.52, or
Health and Human Services (HHS) has understanding the FDA’s process for 50.53, the clinical investigation may
human subject protection regulations handling clinical investigations that proceed only if certain conditions set
that also govern research involving include children as subjects and that forth in § 50.54 are met. The draft
children as subjects and supported or have been referred to FDA for review guidance requests that the IRB include,
conducted by HHS. (See 45 CFR part 46, under 21 CFR part 50, subpart D. when submitting its finding under
subpart D.) The draft guidance also Title: Draft Guidance for Industry; § 50.54 that the clinical investigation
addresses situations in which a clinical Process for Handling Referrals to FDA presents a reasonable opportunity to
investigation is subject to both 21 CFR Under 21 CFR 50.54: Additional further the understanding, prevention,
50.54 and 45 CFR 46.407. Safeguards for Children in Clinical or alleviation of a serious problem
This draft guidance is being issued Investigations. affecting the health or welfare of
consistent with FDA’s good guidance Burden Estimate: The information children, an explanation why the IRB
practices regulation (21 CFR 10.115). that must be submitted to FDA by does not believe that the clinical
The draft guidance, when finalized, will sponsors for approval of clinical investigation meets the requirements of
represent the agency’s current thinking investigations involving children is §§ 50.51, 50.52, or 50.53. FDA believes
on the process for handling referrals to contained in the investigational new that in most cases this explanation will
FDA under 21 CFR 50.54. It does not drug application (IND) and already be part of the IRB meeting
create or confer any rights for or on any investigational device exemption (IDE) minutes. Because the IRB may need to
person and does not operate to bind regulations (21 CFR parts 312 and 812 summarize these minutes in order to
FDA or the public. An alternative (parts 312 and 812), respectively) and is send them to FDA, FDA estimates that
approach may be used if such approach approved under OMB control number each explanation would take
satisfies the requirements of the 0910–0014 (expires March 31, 2009) for approximately 1 hour to prepare.
applicable statutes and regulations. INDs and under OMB control number According to a 1998 Office of the
0910–0078 (expires August 31, 2006) for Inspector General (OIG) report, there are
II. The Paperwork Reduction Act of IDEs. In addition to the collections of 3,000 to 5,000 IRBs in the United States,
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1995 information already required under and most are associated with hospitals
Under the Paperwork Reduction Act parts 312 and 812, the draft guidance and academic centers (see Department
(44 U.S.C. 3501–3520) (the PRA), requests that an IRB submitting a of Health and Human Services, Office of
Federal agencies must obtain approval clinical investigation for consideration the Inspector General, Institutional
from the Office of Management and under § 50.54 include with that Review Boards: A Time for Reform, page

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27266 Federal Register / Vol. 71, No. 90 / Wednesday, May 10, 2006 / Notices

3, June 8, 1998). However, based on 5 per year) are expected to refer a The information collection resulting
FDA’s experience to date with IRB clinical investigation to FDA under 21 from the draft guidance that is not
referrals under § 50.54, only a very CFR part 50, subpart D. already approved by OMB is
small percentage of IRBs (approximately summarized as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
Number of Number of Responses Total Annual Hours per Total Hours
Respondents per Respondent Responses Response

Submission of finding
required under
§ 50.54(a) 5 1 5 15 min. 1 hour, 15 minutes

Explanation why in-


vestigation does
not meet §§ 50.51,
50.52, or 50.53 5 1 5 1 5

Total 6 hours, 15 minutes


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

III. Comments Homeland Security Data Privacy and alteration at www.dhs.gov/privacy,


Interested persons may submit to the Integrity Advisory Committee. This including any personal information
Division of Dockets Management (see meeting will be open to the public, with provided.
ADDRESSES) written or electronic
the exception of a one-hour
administrative session. FOR FURTHER INFORMATION CONTACT:
comments regarding this document. Maureen Cooney, Acting Chief Privacy
Submit a single copy of electronic DATES: The meeting will be held on
Wednesday, June 7, 2006, in San Officer and Chief Freedom of
comments or two paper copies of any Information Act Officer, or Rebecca J.
mailed comments, except that Francisco, CA.
Richards, Executive Director, Data
individuals may submit one paper copy. ADDRESSES: The Department of
Privacy and Integrity Advisory
Comments are to be identified with the Homeland Security Data Privacy and
Committee, Department of Homeland
docket number found in brackets in the Integrity Advisory Committee meeting
Security, Arlington, VA 22202, by
heading of this document. Received will be held in the Rita and Ava Room
telephone (571) 227–3813, by facsimile
comments may be seen in the Division at the Clift Hotel, 495 Geary Street, San
(571) 227–4171, or by e-mail
of Dockets Management between 9 a.m. Francisco, CA 94102. Persons wishing
PrivacyCommittee@dhs.gov.
and 4 p.m., Monday through Friday. to make comments or who are unable to
attend or speak at the meeting may SUPPLEMENTARY INFORMATION: The Data
IV. Electronic Access submit comments at any time. Privacy and Integrity Advisory
Persons with access to the Internet Comments must be identified by DHS– Committee (‘‘Privacy Advisory
may obtain the document at either 2006–0019 and may be submitted by Committee’’) will be meeting on
http://www.fda.gov/cder/guidance/ any one of the following methods: Wednesday, June 7, 2006, in the Rita
index.htm or http://www.fda.gov/ • Federal Rulemaking Portal: http:// and Ava Rooms at the Clift Hotel, 495
ohrms/dockets/default.htm. www.regulations.gov. Follow Geary Street, San Francisco, CA 94102.
Dated: May 2, 2006.
instructions for submitting comments The meeting will begin at 8:30 a.m. and
on the Web site. is anticipated to end at 5 p.m. Although
Jeffrey Shuren, • E-mail: PrivacyCommittee@dhs.gov.
Assistant Commissioner for Policy. most of the meeting is open to the
Include docket number in the subject public, there will be a closed session
[FR Doc. E6–7058 Filed 5–9–06; 8:45 am] line of the message. between 12 p.m. and 1 p.m., in order to
BILLING CODE 4160–01–S • Fax: 571–227–4171.
permit the Privacy Advisory Committee
• Mail: Ms. Rebecca J. Richards,
members to discuss administrative and
Executive Director, Data Privacy and
planning items.
DEPARTMENT OF HOMELAND Integrity Advisory Committee,
SECURITY Department of Homeland Security, Mail At the meeting, the Acting Chief
Stop D–3, Arlington, VA 22202. Privacy Officer and Chief Freedom of
Office of the Secretary Instructions: All submissions received Information Act Officer will provide an
must include the Department of update on the activities of the Privacy
[DHS–2006–0019] Homeland Security and DHS–2006– Office. The subcommittees on Emerging
0019, the docket number for this action. Applications and Technology, Data
Data Privacy and Integrity Advisory
Comments received will also be posted Sharing and Usage, Framework, and
Committee
without alteration at Screening will update the Committee on
AGENCY: Office of the Secretary, www.regulations.gov, including any the work currently being conducted. In
Department of Homeland Security. personal information provided. the morning and afternoon sessions,
Docket: For access to the docket to invited speakers will discuss
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ACTION: Notice of Federal advisory


committee meeting. read background documents or expectations of privacy in public spaces
comments received by the DHS Data and identity management. An agenda
SUMMARY: The notice announces the Privacy and Integrity Committee, go to will be posted on the Privacy Committee
date, time, location, and agenda for the http://www.regulations.gov. Comments Web site at http://www.dhs.gov/privacy
next meeting of the Department of received will be posted without prior to the meeting.

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