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18028 Federal Register / Vol. 70, No.

67 / Friday, April 8, 2005 / Notices

Additional background information Panel’s activities, search our Web site at: • Lou Ann Schraffenberger, M.B.A.,
can be found at: http://www.cdc.gov/ http://www.cms.hhs.gov/faca/apc/ R.H.I.A.
malaria/. default.asp. • Judie S. Snipes, R.N., M.B.A.,
Dated: April 4, 2005. Advisory Committees’ Information C.H.E.
Lines: You may also refer to the CMS • Lynn R. Tomascik, R.N., M.S.N.,
William P. Nichols,
Advisory Committee Information C.N.A.A.
Director, Procurement and Grants Office, • Timothy Gene Tyler, Pharm.D.
Centers for Disease Control and Prevention. Hotlines at 1–877–449–5659 (toll-free)
or 410–786–9379 (local) for additional • William A. Van Decker, M.D., J.D.*
[FR Doc. 05–7047 Filed 4–7–05; 8:45 am] Panel members serve without
information.
BILLING CODE 4163–18–P
compensation, according to an advance
FOR FURTHER INFORMATION CONTACT:
written agreement; however, travel,
Persons wishing to nominate meals, lodging, and related expenses are
DEPARTMENT OF HEALTH AND individuals to serve on the Panel or to reimbursed in accordance with standard
HUMAN SERVICES obtain further information can also Government travel regulations. CMS has
contact Shirl Ackerman-Ross, the DFO, a special interest for ensuring that
Centers for Medicare & Medicaid at APCPanel@cms.hhs.gov or call 410–
Services women, minorities, and the physically
786–4474. News media representatives challenged are adequately represented
[CMS–1296–N2] should contact the CMS Press Office at on the Panel. CMS further encourages
202–690–6145. nominations of qualified candidates
Medicare Program; Request for SUPPLEMENTARY INFORMATION: from those groups.
Nominations to the Advisory Panel on The Secretary, or his designee,
Ambulatory Payment Classification I. Background
appoints new members to the Panel
Groups; Extension of Nominations The Secretary is required by section from among those candidates
Deadline 1833(t)(9)(A) of the Social Security Act determined to have the required
AGENCY: Centers for Medicare & (the Act), as amended and redesignated expertise. New appointments are made
Medicaid Services (CMS), HHS. by sections 201(h) and 202(a)(2) of the in a manner that ensures a balanced
Medicare, Medicaid, and SCHIP membership.
ACTION: Notice.
Balanced Budget Refinement Act of
SUMMARY: This notice extends the 1999 (BBRA) (Pub. L. 106–113), II. Criteria for Nominees
deadline for nominations of members to respectively, to establish and consult All nominees must have technical
the Advisory Panel on Ambulatory with an expert, outside advisory panel expertise that enables them to
Payment Classification (APC) Groups on Ambulatory Payment Classification participate fully in the work of the
(the Panel). The original request for (APC) groups. Panel. Such expertise encompasses
nominations was published in the The Panel meets up to three times hospital payment systems, hospital
Federal Register on February 25, 2005. annually to review the APC groups and medical-care delivery systems,
(70 FR 9336) Six vacancies will exist on to provide technical advice to the outpatient payment requirements,
the Panel as of March 31, 2005. Secretary and the Administrator Ambulatory Payment Classification
The purpose of the Panel is to review concerning the clinical integrity of the (APC) Groups, Physicians’ Current
the APC groups and their associated groups and their associated weights. Procedural Terminology Codes (CPTs),
weights and to advise the Secretary of CMS considers the technical advice the use and payment of drugs and
the Department of Health and Human provided by the Panel as we prepare the medical devices in the outpatient
Services (the Secretary) and the proposed rule that proposes changes to setting, and other forms of relevant
Administrator of the Centers for the OPPS for the next calendar year. expertise.
Medicare & Medicaid Services (CMS) The Panel may consist of up to 15 It is not necessary for a nominee to
(the Administrator) concerning the representatives who are full-time possess expertise in all of the areas
clinical integrity of the APC groups and employees (not consultants) of Medicare listed, but each must have a minimum
their associated weights. The advice providers, which are subject to the of 5 years experience and currently be
provided by the Panel will be OPPS, and a Chair. employed full-time in his or her area of
considered as CMS prepares its annual The Administrator selects the Panel expertise. Members of the Panel serve
updates of the hospital Outpatient membership based upon either self- overlapping 2, 3, and 4-year terms,
Prospective Payment System (OPPS) nominations or nominations submitted contingent upon the rechartering of the
through rulemaking. by providers or interested organizations. Panel.
The panel was recently rechartered The current Panel members are: (The Any interested person may nominate
for a 2-year period through November asterisk [*] indicates a Panel member one or more qualified individuals. Self-
21, 2006. whose term expires on March 31, 2005.) nominations will also be accepted. Each
Nominations: Nominations will be • E.L. Hambrick, M.D., J.D., a CMS nomination must include a letter of
considered if received no later than May Medical Officer nomination, the curriculum vita of the
9, 2005. Mail or deliver nominations to • Marilyn K. Bedell, M.S., R.N., nominee, and a statement from the
the following address: CMS; Attn: Shirl O.C.N. nominee that the nominee is willing to
Ackerman-Ross, Designated Federal • Albert Brooks Einstein, Jr., M.D. serve on the Panel under the conditions
Officer (DFO), Advisory Panel on APC • Lee H. Hilborne, M.D.* described in this notice and further
Groups; Center for Medicare • Stephen T. House, M.D.* specified in the Charter.
Management (CMM), Hospital & • Kathleen P. Kinslow, C.R.N.A.,
Ambulatory Policy Group (HAPG), Ed.D.* III. Copies of the Charter
Division of Outpatient Care (DOC); 7500 • Mike Metro, R.N.* To obtain a copy of the Panel’s
Security Boulevard, Mail Stop C4–05– • Sandra J. Metzler, M.B.A., R.H.I.A. Charter, submit a written request to the
17; Baltimore, MD 21244–1850. • Gerald V. Naccarelli, M.D.* DFO at the address provided or by e-
Web site: For additional information • Frank G. Opelka, M.D. mail at APCPanel@cms.hhs.gov, or call
on the APC Panel and updates to the • Louis Potters, M.D. her at 410–786–4474. Copies of the

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Federal Register / Vol. 70, No. 67 / Friday, April 8, 2005 / Notices 18029

Charter are also available on the Internet (OMB) for review and clearance under fair dealing in the interest of consumers
at http://www.cms.hhs.gov/faca. the Paperwork Reduction Act of 1995. * * * ’’. Under section 403(g) of the act
Authority: Section 1833(t)(9)(A) of the Act DATES: Fax written comments on the (21 U.S.C. 343(g)), a food that is subject
(42 U.S.C. 13951(t)(9)(A). The Panel is collection of information by May 9, to a definition and standard of identity
governed by the provisions of Pub. L. 92–463, 2005. prescribed by regulation is misbranded
as amended (5 U.S.C. Appendix 2). if it does not conform to such definition
ADDRESSES: OMB is still experiencing
(Catalog of Federal Domestic Assistance significant delays in the regular mail, and standard of identity. Section 130.17
Program No. 93.774, Medicare- including first class and express mail, (21 CFR 130.17) provides for the
Supplementary Medical Insurance Program) issuance by FDA of temporary
and messenger deliveries are not being
Dated: March 31, 2005. accepted. To ensure that comments on marketing permits that enable the food
Mark B. McClellan, the information collection are received, industry to test consumer acceptance
Administrator, Centers for Medicare & OMB recommends that comments be and measure the technological and
Medicaid Services. faxed to the Office of Information and commercial feasibility in interstate
[FR Doc. 05–6862 Filed 4–7–05; 8:45 am] Regulatory Affairs, OMB, Attn: Fumie commerce of experimental packs of food
BILLING CODE 4120–03–P Yokota, Desk Officer for FDA, FAX: that deviate from applicable definitions
202–395–6974. and standards of identity. Section
FOR FURTHER INFORMATION CONTACT: 130.17(c) enables the agency to monitor
DEPARTMENT OF HEALTH AND Peggy Robbins, Office of Management the manufacture, labeling, and
HUMAN SERVICES Programs (HFA–250), Food and Drug distribution of experimental packs of
Administration, 5600 Fishers Lane, food that deviate from applicable
Food and Drug Administration
Rockville, MD 20857, 301–827–1223. definitions and standards of identity.
[Docket No. 2005N–0564] SUPPLEMENTARY INFORMATION: In The information so obtained can be
compliance with 44 U.S.C. 3507, FDA used in support of a petition to establish
Agency Information Collection has submitted the following proposed or amend the applicable definition or
Activities; Submission for Office of collection of information to OMB for standard of identity to provide for the
Management and Budget Review; review and clearance. variations. Section 130.17(i) specifies
Comment Request; Temporary
Temporary Marketing Permit the information that a firm must submit
Marketing Permit Applications
Applications—21 CFR 130.17(c) and (i) to FDA to obtain an extension of a
AGENCY: Food and Drug Administration, (OMB Control Number 0910–0133)— temporary marketing permit.
HHS. Extension In the Federal Register of January 13,
ACTION: Notice. 2005 (70 FR 2411), FDA published a 60-
Section 401 of the Federal Food, Drug,
SUMMARY: The Food and Drug and Cosmetic Act (the act) (21 U.S.C. day notice requesting public comment
Administration (FDA) is announcing 341), directs FDA to issue regulations on the information collection
that a proposed collection of establishing definitions and standards of provisions. No comments were received.
information has been submitted to the identity for food ‘‘[w]henever * * * FDA estimates the burden of the
Office of Management and Budget such action will promote honesty and collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


Number of Respond- Annual Frequency per Total Annual Hours per
21 CFR section Total hours
ents Response Responses Response

130.17(c) 3 2 6 25 150

130.17(i) 4 2 8 2 16

Total 166
1There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated number of temporary DEPARTMENT OF HEALTH AND that a proposed collection of
marketing permit applications and HUMAN SERVICES information has been submitted to the
hours per response is an average based Office of Management and Budget
on the agency’s experience with Food and Drug Administration (OMB) for review and clearance under
applications received October 1, 2001, the Paperwork Reduction Act of 1995.
[Docket No. 2004N–0565]
through September 30, 2004, and DATES: Fax written comments on the
information from firms that have Agency Information Collection collection of information by May 9,
submitted recent requests for temporary Activities; Submission for Office of 2005.
marketing permits. Managment and Budget Review;
ADDRESSES: OMB is still experiencing
Dated: April 1, 2005. Comment Request; State Petitions for
significant delays in the regular mail,
Jeffrey Shuren,
Exemption From Preemption
including first class and express mail,
Assistant Commissioner for Policy. AGENCY: Food and Drug Administration, and messenger deliveries are not being
[FR Doc. 05–7021 Filed 4–7–05; 8:45 am] HHS. accepted. To ensure that comments on
BILLING CODE 4160–01–S ACTION: Notice. the information collection are received,
OMB recommends that comments be
SUMMARY: The Food and Drug faxed to the Office of Information and
Administration (FDA) is announcing Regulatory Affairs, OMB, Attn: Fumie

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