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Federal Register / Vol. 70, No.

115 / Thursday, June 16, 2005 / Notices 35097

due 90 days after the close of the project DEPARTMENT OF HEALTH AND Act (the act) (21 U.S.C. 343(r)(2)(G) and
period. HUMAN SERVICES (r)(3)(C)), as amended by the FDA
Modernization Act of 1997 (FDAMA),
VII. Agency Contacts Food and Drug Administration provides that a food producer may
Program Office Contact: Pam Johnson, [Docket No. 2005N–0124] market a food product whose label bears
330 C St., SW., Washington, DC 20447, a nutrient content claim or a health
Phone: 202–205–8086, E-mail: Agency Information Collection claim that is based on an authoritative
pjohnson@acf.hhs.gov. Activities; Submission for Office of statement of a scientific body of the U.S.
Management and Budget Review; Government or the National Academy of
Grants Management Office Contact: Comment Request; Guidance for Sciences. Under this section of the act,
Peter Thompson, Grants Officer, Industry: Notification of a Health Claim a food producer that intends to use such
Administration for Children and or Nutrient Content Claim Based on an a claim must submit a notification of its
Families, Children’s Bureau, 330 C Authoritative Statement of a Scientific
intention to use the claim 120 days
Street, SW., Room 2070, Washington, Body
before it begins marketing the product
DC 20447, Phone: 202–401–4608, E-
AGENCY: Food and Drug Administration, bearing the claim. In the Federal
mail: pathompson@acf.hhs.gov.
HHS. Register of June 11, 1998 (63 FR 32102),
VIII. Other Information ACTION: Notice. FDA announced the availability of a
guidance entitled ‘‘Guidance for
Notice: Beginning with FY 2006, the SUMMARY: The Food and Drug
Industry: Notification of a Health Claim
Administration for Children and Administration (FDA) is announcing
or Nutrient Content Claim Based on an
Families (ACF) will no longer publish that a proposed collection of
information has been submitted to the Authoritative Statement of a Scientific
grant announcements in the Federal Body.’’ The guidance provides the
Register. Beginning October 1, 2005 Office of Management and Budget
(OMB) for review and clearance under agency’s interpretation of terms central
applicants will be able to find a to the submission of a notification and
synopsis of all ACF grant opportunities the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the
the agency’s views on the information
and apply electronically for that should be included in the
opportunities via: www.Grants.gov. collection of information by July 18,
2005. notification. The agency believes that
Applicants will also be able to find the the guidance will enable food producers
complete text of all ACF grant ADDRESSES: OMB is still experiencing
to meet the criteria for notifications that
announcements on the ACF Web site significant delays in the regular mail,
are established in section 403(r)(2)(G)
located at: http://www.acf.hhs.gov/ including first class and express mail,
and messenger deliveries are not being and (r)(3)(C) of the act. In addition to the
grants/index.html. information specifically required by the
accepted. To ensure that comments on
Additional information about this the information collection are received, act to be in such notifications, the
program and its purpose can be located OMB recommends that written guidance states that the notifications
on the following Web sites: http:// comments be faxed to the Office of should also contain information on
www.acf.hhs.gov/programs/cb/. Information and Regulatory Affairs, analytical methodology for the nutrient
For general questions regarding this OMB, Attn: Fumie Yokota, Desk Officer that is the subject of a claim based on
announcement please contact: ACYF for FDA, FAX: 202–395–6974. an authoritative statement. FDA intends
Operations Center, The Dixon Group FOR FURTHER INFORMATION CONTACT: to review the notifications the agency
ATTN: Children’s Bureau, 118 Q Street, Peggy Robbins, Office of Management receives to ensure that they comply with
NE., Washington DC 20002–2132, Programs (HFA–250), Food and Drug the criteria established by the act.
Telephone: 866–796–1591. Administration, 5600 Fishers Lane, In the Federal Register of April 8,
Rockville, MD 20857, 301–827–1223. 2005 (70 FR 18031), FDA published a
Applicants will not be sent
SUPPLEMENTARY INFORMATION: In 60-day notice requesting public
acknowledgements of received
compliance with 44 U.S.C. 3507, FDA comment on the information collection
applications.
has submitted the following proposed provisions. One comment was received
Dated: June 8, 2005. collection of information to OMB for that was not relevant to the information
Susan Orr, review and clearance.
collection.
Acting Commissioner, Administration on Guidance for Industry: Notification of a
Children, Youth and Families. FDA estimates the burden of this
Health Claim or Nutrient Content Claim collection of information as follows:
[FR Doc. 05–11920 Filed 6–15–05; 8:45 am] Based on an Authoritative Statement of
BILLING CODE 4184–01–P a Scientific Body—(OMB Control
Number 0910–0374)—Extension
Section 403(r)(2)(G) and (r)(3)(C) of
the Federal Food, Drug, and Cosmetic

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1


No. of No. of responses Total annual Hours per
Section of the act/basis of burden respondents per respondent responses response Total hours

403(r)(2)(G) (nutrient content claims) 1 1 1 250 250

403(r)(3)(C) (health claims) 2 1 2 450 900

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35098 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued


No. of No. of responses Total annual Hours per
Section of the act/basis of burden respondents per respondent responses response Total hours

Guidance for notifications 3 1 3 1 3

Total 1,153
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

These estimates are based on FDA’s DATES: Submit written or electronic information to be collected; and (4)
experience with health claims, nutrient comments on the collection of ways to minimize the burden of the
content claims, and other similar information by August 15, 2005. collection of information on
notification procedures that fall under ADDRESSES: Submit electronic respondents, including through the use
the agency’s jurisdiction. Because the comments on the collection of of automated collection techniques,
claims are based on an authoritative information to: http://www.fda.gov/ when appropriate, and other forms of
statement of certain scientific bodies of dockets/ecomments. Submit written information technology.
the Federal Government or the National comments on the collection of
Academy of Sciences or one of its information to the Division of Dockets Medical Devices: Humanitarian Use
subdivisions, FDA believes that the Management (HFA–305), Food and Drug Devices—21 CFR Part 814 (OMB
information submitted with a Administration, 5630 Fishers Lane, rm. Control Number 0910–0332)—Extension
notification will either be provided as 1061, Rockville, MD 20852. All This collection implements the
part of the authoritative statement, or comments should be identified with the humanitarian use device (HUD)
readily available as part of the scientific docket number found in brackets in the Provision under section 520(m) of the
literature to firms wishing to make heading of this document. Federal Food, Drug, and Cosmetic Act
claims. Presentation of a supporting FOR FURTHER INFORMATION CONTACT: (the act) (21 U.S.C. 360j(m)) and 21 CFR
bibliography and a brief balanced Peggy Robbins, Office of Management part 814, subpart H. Under section
account or analysis of this literature Programs (HFA–250), Food and Drug 520(m) of the act, FDA is authorized to
should be fairly straightforward. Administration, 5600 Fishers Lane, exempt an HUD from the effectiveness
Dated: June 9, 2005. Rockville, MD 20857, 301–827–1223. requirements of sections 514 and 515 of
Jeffrey Shuren, SUPPLEMENTARY INFORMATION: Under the the act (21 U.S.C. 360d and 360e)
Assistant Commissioner for Policy. PRA (44 U.S.C. 3501–3520), Federal provided that the device do the
[FR Doc. 05–11860 Filed 6–15–05; 8:45 am]
agencies must obtain approval from the following: (1) Is used to treat or
Office of Management and Budget diagnosis a disease or condition that
BILLING CODE 4160–01–S
(OMB) for each collection of affects fewer than 4,000 individuals in
information they conduct or sponsor. the United States; (2) would not be
DEPARTMENT OF HEALTH AND ‘‘Collection of information’’ is defined available to a person with such a disease
HUMAN SERVICES in 44 U.S.C. 3502(3) and 5 CFR or condition unless the exemption is
1320.3(c) and includes agency requests granted, and there is no comparable
Food and Drug Administration or requirements that members of the
device, other than another HUD
public submit reports, keep records, or
[Docket No. 2005N–0216] approved under this exemption,
provide information to a third party.
available to treat or diagnose the disease
Section 3506(c)(2)(A) of the PRA (44
Agency Information Collection or condition; and (3) the device will not
U.S.C. 3506(c)(2)(A)) requires Federal
Activities; Proposed Collection; expose patients to an unreasonable or
agencies to provide a 60-day notice in
Comment Request; Medical Devices: significant risk of illness or injury, and
the Federal Register concerning each
Humanitarian Use Devices the probable benefit to health from
proposed collection of information,
including each proposed extension of an using the device outweighs the risk of
AGENCY: Food and Drug Administration,
existing collection of information before injury or illness from its use, taking into
HHS.
submitting the collection to OMB for account the probable risks and benefits
ACTION: Notice. of currently available devices or
approval. To comply with this
SUMMARY: The Food and Drug requirement, FDA is publishing notice alternative forms of treatment.
Administration (FDA) is announcing an of the proposed collection of The information collection will allow
opportunity for public comment on the information set forth in this document. FDA to determine whether to do the
proposed collection of certain With respect to the following following: (1) Grant HUD designation of
information by the agency. Under the collection of information, FDA invites a medical device, (2) exempt a HUD
Paperwork Reduction Act of 1995 (the comments on these topics: (1) Whether from the effectiveness requirements in
PRA), Federal agencies are required to the proposed collection of information sections 514 and 515 of the act provided
publish notice in the Federal Register is necessary for the proper performance that the device meets requirements set
concerning each proposed collection of of FDA’s functions, including whether forth in section 520(m) of the act, and
information, including each proposed the information will have practical (3) grants marketing approval(s) for the
extension of an existing collection of utility; (2) the accuracy of FDA’s HUD. Failure to collect this information
information, and to allow 60 days for estimate of the burden of the proposed would prevent FDA from making those
public comment in response to the collection of information, including the determinations. Also, this information
notice. This notice solicits comments on validity of the methodology and enables FDA to determine whether the
information collection requirements for assumptions used; (3) ways to enhance holder of a HUD is in compliance with
Humanitarian Use Devices. the quality, utility, and clarity of the the HUD requirements.

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