Use of Color on Pharmaceutical Product Labels, Labeling and Packaging; Public Hearing, 5687-5689 [05-2094]

Download as PDF Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices SUMMARY: The Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER), in collaboration with FDA’s Office of Regulatory Affairs (ORA), Southwest Regional Office (SWRO), is announcing a public workshop entitled ‘‘FDA Drug Educational Forum.’’ This public workshop is intended to provide information about FDA’s premarket requirements to the drug industry, particularly small businesses, startups, and entrepreneurs. Date and Time: The public workshop will be held on May 11, 2005, from 8 a.m. to 5 p.m. Location: The public workshop will be held at the Kansas City Health Department Auditorium, 2400 Troost Ave., Kansas City, MO 64108–2666. For directions to the facility, please call 816–513–6008, e-mail: health@kcmo.org, or visit https:// www.kcmo.org/health.nsf/web/ healthmap?opendocument. (FDA has verified the Web site address, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the Federal Register.) Contact: David Arvelo or Cassandra Davis, Food and Drug Administration, 4040 N. Central Expressway, suite 900, Dallas, TX 75204–3128, 214–253–4952 or 214–253–4951, FAX: 214–253–4970, e-mail: oraswrsbr@ora.fda.gov. Registration: Registration begins on April 6, 2005, and ends May 6, 2005. Registration is free. Seats are limited, please register as soon as possible. Space will be filled in order of receipt of registration. Those registered will receive confirmation. Registration will close after available space fills. Registration at the site will be based on space availability on the day of the event starting at 8 a.m. If you need special accommodations due to disability, please contact David Arvelo or Cassandra Davis (see CONTACT) at least 7 days in advance. Registration Form Instructions: To register, complete the following registration form and submit via: • E-mail: oraswrsbr@ora.fda.gov, • FAX: 214–253–4970, or • Mail to: Food and Drug Administration, Southwest Regional Office, Small Business Representative, 4040 N. Central Expressway, suite 900, Dallas, TX 75204–3128. Name: llllllllllllllll Company Name: llllllllllllllll Mailing Address: llllllllllllllll City: llllll State:llll VerDate jul<14>2003 19:18 Feb 02, 2005 Jkt 205001 Zip Code: llllllllllllllll Phone: ( ) lllllll Fax: ( ) llllllllllllllll E-mail: ( ) llllllllllllllll Transcripts: Transcripts of the public workshop will not be available due to the format of this workshop. Course handouts may be requested in writing from the Freedom of Information Office (HFI–35), Food and Drug Administration, 5600 Fishers Lane, rm. 12A–16, Rockville, MD 20857, approximately 15 working days after the public workshop at cost of 10 cents per page. SUPPLEMENTARY INFORMATION: The public workshop is being held in response to the interest in the topics discussed from small drug manufacturers, startups, and entrepreneurs in the FDA Southwest Region area. FDA, CDER, and ORA present this public workshop to help achieve objectives set forth in section 406 of the Food and Drug Administration Modernization Act of 1997 (21 U.S.C. 393), which include working closely with stakeholders and maximizing the availability and clarity of information to stakeholders and the public. This is also consistent with the purposes of FDA’s Regional Small Business Program, which are in part to respond to industry inquiries, develop educational materials, sponsor workshops and conferences to provide firms, particularly small businesses, with firsthand working knowledge of FDA’s requirements and compliance policies. This public workshop is also consistent with the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104–121), as outreach activities by Government agencies to small businesses. The goal of the public workshop is to present information that will enable manufacturers and regulated industry to better comply with the new drug approval process (21 CFR part 314). Information presented will be based on agency position as articulated through regulation, compliance policy guides, and information previously made available to the public. Topics to be discussed at the public workshop include the following: (1) Planning for successful, efficient, pharmaceutical product approval; (2) current challenges and concerns for generic abbreviated new animal drug applications (ANDAs); (3) regulatory aspects and challenges in the development of over-the-counter (OTC) Drugs; (4) the basics of chemistry, manufacturing and control; (5) FDA 483 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 5687 issues; (6) mastering regulatory compliance; and (7) incentives for small businesses. Dated: January 28, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–2098 Filed 2–2–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0036] Use of Color on Pharmaceutical Product Labels, Labeling and Packaging; Public Hearing AGENCY: Food and Drug Administration, HHS. Notice of public hearing; request for comments. ACTION: SUMMARY: The Center for Drug Evaluation and Research (CDER) of the Food and Drug Administration (FDA) is announcing a public hearing on the current practice of applying color to pharmaceutical product packaging and labeling to help identify, classify, and differentiate those drug products. To date, there is little scientific evidence that applying color is effective in reducing medication errors. Furthermore, there is no validated scientific method to corroborate the benefits of using colors on pharmaceuticals in this fashion. FDA does not have a policy pertaining to the use of colors on drug product packaging. The purpose of the hearing is to obtain public input on the benefits and potential drawbacks of applying color to drug packaging and labeling to help identify, classify, or differentiate those products. DATES: The public hearing will be held on March 7, 2005, from 8 a.m. to 4:30 p.m. Submit written or electronic notices of participation and comments for consideration at the hearing by February 11, 2005. Written or electronic comments will be accepted after the hearing until April 7, 2005. The administrative record of the hearing will remain open until April 7, 2005. ADDRESSES: The public hearing will be held at Lister Hill Auditorium, Building 38A, on the campus of the National Institutes of Health, Bethesda, MD (Metro stop: Medical Center Station on the Red Line). Submit written or electronic notices of participation and comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. E:\FR\FM\03FEN1.SGM 03FEN1 5688 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices 1061, Rockville, MD 20852; e-mail FDADockets@oc.fda.gov; or on the Internet at https:// frwebgate.access.gpo.gov/cgi-bin. Transcripts of the hearing will be available for review at the Division of Dockets Management and on the Internet at https://frwebgate.access.gpo, approximately 30 days after the hearing. FOR FURTHER INFORMATION CONTACT: Mary C. Gross, Center for Drug Evaluation and Research (HFD–400), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–3216, grossm@cder.fda.gov. SUPPLEMENTARY INFORMATION: I. Background The following color techniques are used on pharmaceutical products and medical devices: • Color Coding—Color coding is the systematic standard application of color to aid in the classification and identification of drug products. A color coding system allows people to memorize a color and match it to its function. • Color Differentiation—Color differentiation involves the use of color to make certain features on the package stand out or to help distinguish one item from another. The color itself is not a standard code that is applied systematically to classify and identify the product, as with color coding. • Color Branding—Color branding is a newly applied concept introduced by a single manufacturer of insulin products. Color branding is used to differentiate one drug product from another and is managed by the individual sponsor. The sponsor recommended this tool in an effort to minimize error between an insulin analogue and another product containing a mix of insulin analogues. • Color Matching—Color matching is sometimes applied in an effort to reduce the risk of errors. For example, a medical device may have a blue plug that attaches to a blue receptacle and a yellow plug that attaches to a yellow receptacle. However, the colors have no special meaning beyond matching one item with another. In the Federal Register of May 13, 1998 (63 FR 26694), FDA published a direct final rule entitled ‘‘Removal of Regulations Regarding Certification of Drugs Composed Wholly or Partly of Insulin.’’ Included in the rule was the removal of § 429.12 (21 CFR 429.12) that contained a distinguishing color scheme for insulin products. At that time, the agency was favorably impressed with the cooperative effort between the insulin manufacturers and the International Diabetes Foundation (IDF) VerDate jul<14>2003 19:18 Feb 02, 2005 Jkt 205001 that resulted in a new color coding system in which each insulin product would be identified with a distinctive color. Although some insulin products have been approved with the IDF colors, the agency has not taken a position on whether to fully implement the IDF color scheme for insulin products, nor has FDA taken a public position on the acceptability of adopting any other color scheme currently in use. A number of drug product and device manufacturers use color schemes as described previously in this document in an effort to facilitate the selection and dispensing of drugs. For example, ophthalmic, anesthetic, dental, and insulin drug products, as well as medical devices, all use color to classify, identify, or differentiate drugs among the same class or facilitate the correct use of medical devices. Individual practitioner groups often endorse the use of colors to help differentiate among drugs. Many drugs are marketed with similar labeling and labels which contributes to an already complex prescribing and dispensing environment. Sight challenged ophthalmic patients count on color coding to identify their products. Patient safety groups, however, argue that broad application of color techniques is unproven, controversial, and could be a contributing factor in medication errors.1 II. Scope of the Hearing FDA is interested in obtaining public comment on the following issues: • How and under what circumstances has the use of color on pharmaceutical packaging and/or labeling demonstrated an improvement in patient care? If there is no discernible improvement, please describe what you consider to be deficiencies in the program. • Are there specific classes of drugs where use of color has demonstrated value? Are there classes where use of color is a hindrance to public safety? • Are there drug products currently marketed that do not use color but should use color to aid in identification of the drug? If so, how should color be used? • How should the effectiveness of application of color on drug products be scientifically validated? 1Citations regarding the role of color coding and medication error reduction may be accessed at Report 5 of the Council on Scientific Affairs (A–04) Full Text—The Role of Color Coding in Medication Error Reduction. The article is accessible at: http:/ /www.ama-assn.org/ama/pub/category/13662.html (FDA has verified the Web site address but is not responsible for subsequent changes to the Web site after this document publishes in the Federal Register.) PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 III. Notice of Hearing Under 21 CFR Part 15 The Commissioner of Food and Drugs (the Commissioner) is announcing that the public hearing will be held in accordance with part 15 (21 CFR part 15). The presiding officer will be the Commissioner or his designee. The presiding officer will be accompanied by a panel of FDA employees with relevant expertise. Persons who wish to participate in the part 15 hearing must file a written or electronic notice of participation with the Division of Dockets Management (see ADDRESSES and DATES). To ensure timely handling, any outer envelope should be clearly marked with the docket number listed in brackets in the heading of this notice along with the statement ‘‘Use of Color on Drug Product Packaging Hearing.’’ Groups should submit two written copies. The notice of participation should contain the potential presenter’s name; address; telephone number; affiliation, if any; the sponsor of the presentation (e.g., the organization paying travel expenses or fees), if any; a brief summary of the presentation; and the approximate amount of time requested for the presentation. The agency requests that interested persons and groups having similar interests consolidate their comments and present them through a single representative. After reviewing the notices of participation and accompanying information, FDA will schedule each appearance and notify each participant of the time allotted to the presenter and the approximate time that presenter’s oral testimony is scheduled to begin. If time permits, FDA may allow interested persons attending the hearing who did not submit a written or electronic notice of participation in advance to make an oral presentation at the conclusion of the hearing. The hearing schedule will be available at the hearing. After the hearing, the schedule will be placed on file in the Division of Dockets Management (see ADDRESSES) under the docket number listed in brackets in the heading of this notice. Under § 15.30(f), the hearing is informal, and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may question any person during or at the conclusion of each presentation. Public hearings under part 15 are subject to FDA’s policy and procedures for electronic media coverage of FDA’s public administrative proceedings (21 CFR part 10, subpart C). Under§ 10.205 E:\FR\FM\03FEN1.SGM 03FEN1 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices (21 CFR 10.205), representatives of the electronic media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA’s public administrative proceedings, including presentations by participants. The hearing will be transcribed as stipulated in § 15.30(b). The transcript will be available on the Internet at https://www.fda.gov/ohrms/ dockets, and orders for copies of the transcript can be placed at the meeting or through the Division of Dockets Management (see ADDRESSES). Any handicapped persons requiring special accommodations to attend the hearing should direct those needs to the contact person (see FOR FURTHER INFORMATION CONTACT). To the extent that the conditions for the hearing, as described in this notice, conflict with any provisions set out in part 15, this notice acts as a waiver of these provisions as specified in § 15.30(h). IV. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) written or electronic notices of participation and comments for consideration at the hearing (see DATES). Submit a single copy of written or electronic notices of participation and comments, or two paper copies of any mailed notices of participation and comments, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: January 28, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–2094 Filed 1–31–05; 3:37 pm] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Advisory Committee on Infant Mortality; Notice of Meeting In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), notice is hereby given of the following meeting: Name: Advisory Committee on Infant Mortality (ACIM). Dates and Times: March 1, 2005, 9 a.m.–5 p.m. March 2, 2005, 8:30 a.m.– 3 p.m. VerDate jul<14>2003 19:18 Feb 02, 2005 Jkt 205001 Place: Sheraton National Hotel, 900 South Orme Street, Arlington, Virginia 22204, (703) 521–1900. Status: The meeting is open to the public with attendance limited to space availability. Purpose: The Committee provides advice and recommendations to the Secretary of Health and Human Services on the following: Department programs that are directed at reducing infant mortality and improving the health status of pregnant women and infants; factors affecting the continuum of care with respect to maternal and child health care, including outcomes following childbirth; strategies to coordinate the variety of Federal, State, local and private programs and efforts that are designed to deal with the health and social problems impacting on infant mortality; and the implementation of the Healthy Start program and Healthy People 2010 infant mortality objectives. Agenda: Topics that will be discussed include the following: Improving Perinatal Data; Neonatal Intensive Care and Ethical Issues; and Provider Reimbursement Issues. Substantial time will be spent in small group and full Committee discussions aimed at formulating the ACIM issues agenda. Proposed agenda items are subject to change as priorities indicate. Time will be provided for public comments limited to five minutes each; comments are to be submitted no later than February 15, 2005. FOR FURTHER INFORMATION CONTACT: Anyone requiring information regarding the Committee should contact Peter C. van Dyck, M.D., M.P.H., Executive Secretary, ACIM, Health Resources and Services Administration (HRSA), Room 18–05, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857, Telephone: (301) 443–2170. Individuals who are submitting public comments or who have questions regarding the meeting should contact Ann M. Koontz, C.N.M., Dr. P.H., HRSA, Maternal and Child Health Bureau, telephone: (301) 443–6327, e-mail: akoontz@hrsa.gov. Dated: January 31, 2005. Steven A. Pelovitz, Associate Administrator for Administration and Financial Management. [FR Doc. 05–2102 Filed 2–2–05; 8:45 am] BILLING CODE 4165–15–P PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 5689 DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies Substance Abuse and Mental Health Services Administration, HHS. ACTION: Notice. AGENCY: SUMMARY: The Department of Health and Human Services (HHS) notifies Federal agencies of the laboratories currently certified to meet the standards of Subpart C of the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Mandatory Guidelines). The Mandatory Guidelines were first published in the Federal Register on April 11, 1988 (53 FR 11970), and subsequently revised in the Federal Register on June 9, 1994 (59 FR 29908), on September 30, 1997 (62 FR 51118), and on April 13, 2004 (69 FR 19644). A notice listing all currently certified laboratories is published in the Federal Register during the first week of each month. If any laboratory’s certification is suspended or revoked, the laboratory will be omitted from subsequent lists until such time as it is restored to full certification under the Mandatory Guidelines. If any laboratory has withdrawn from the HHS National Laboratory Certification Program (NLCP) during the past month, it will be listed at the end, and will be omitted from the monthly listing thereafter. This notice is also available on the Internet at https://workplace.samhsa.gov and https://www.drugfreeworkplace.gov. FOR FURTHER INFORMATION CONTACT: Mrs. Giselle Hersh or Dr. Walter Vogl, Division of Workplace Programs, SAMHSA/CSAP, Room 2–1035, 1 Choke Cherry Road, Rockville, Maryland 20857; (240) 276–2600 (voice), (240) 276–2610 (fax). SUPPLEMENTARY INFORMATION: The Mandatory Guidelines were developed in accordance with Executive Order 12564 and section 503 of Pub. L. 100– 71. Subpart C of the Mandatory Guidelines, ‘‘Certification of Laboratories Engaged in Urine Drug Testing for Federal Agencies,’’ sets strict standards that laboratories must meet in order to conduct drug and specimen validity tests on urine specimens for Federal agencies. To become certified, an applicant laboratory must undergo three rounds of performance testing plus an on-site inspection. To maintain that E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5687-5689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2094]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0036]


Use of Color on Pharmaceutical Product Labels, Labeling and 
Packaging; Public Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public hearing; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Center for Drug Evaluation and Research (CDER) of the Food 
and Drug Administration (FDA) is announcing a public hearing on the 
current practice of applying color to pharmaceutical product packaging 
and labeling to help identify, classify, and differentiate those drug 
products. To date, there is little scientific evidence that applying 
color is effective in reducing medication errors. Furthermore, there is 
no validated scientific method to corroborate the benefits of using 
colors on pharmaceuticals in this fashion. FDA does not have a policy 
pertaining to the use of colors on drug product packaging. The purpose 
of the hearing is to obtain public input on the benefits and potential 
drawbacks of applying color to drug packaging and labeling to help 
identify, classify, or differentiate those products.

DATES: The public hearing will be held on March 7, 2005, from 8 a.m. to 
4:30 p.m. Submit written or electronic notices of participation and 
comments for consideration at the hearing by February 11, 2005. Written 
or electronic comments will be accepted after the hearing until April 
7, 2005. The administrative record of the hearing will remain open 
until April 7, 2005.

ADDRESSES: The public hearing will be held at Lister Hill Auditorium, 
Building 38A, on the campus of the National Institutes of Health, 
Bethesda, MD (Metro stop: Medical Center Station on the Red Line). 
Submit written or electronic notices of participation and comments to 
the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm.

[[Page 5688]]

1061, Rockville, MD 20852; e-mail FDADockets@oc.fda.gov; or on the 
Internet at https://frwebgate.access.gpo.gov/cgi-bin. Transcripts of the 
hearing will be available for review at the Division of Dockets 
Management and on the Internet at https://frwebgate.access.gpo, 
approximately 30 days after the hearing.

FOR FURTHER INFORMATION CONTACT: Mary C. Gross, Center for Drug 
Evaluation and Research (HFD-400), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-3216, grossm@cder.fda.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The following color techniques are used on pharmaceutical products 
and medical devices:
     Color Coding--Color coding is the systematic standard 
application of color to aid in the classification and identification of 
drug products. A color coding system allows people to memorize a color 
and match it to its function.
     Color Differentiation--Color differentiation involves the 
use of color to make certain features on the package stand out or to 
help distinguish one item from another. The color itself is not a 
standard code that is applied systematically to classify and identify 
the product, as with color coding.
     Color Branding--Color branding is a newly applied concept 
introduced by a single manufacturer of insulin products. Color branding 
is used to differentiate one drug product from another and is managed 
by the individual sponsor. The sponsor recommended this tool in an 
effort to minimize error between an insulin analogue and another 
product containing a mix of insulin analogues.
     Color Matching--Color matching is sometimes applied in an 
effort to reduce the risk of errors. For example, a medical device may 
have a blue plug that attaches to a blue receptacle and a yellow plug 
that attaches to a yellow receptacle. However, the colors have no 
special meaning beyond matching one item with another.
    In the Federal Register of May 13, 1998 (63 FR 26694), FDA 
published a direct final rule entitled ``Removal of Regulations 
Regarding Certification of Drugs Composed Wholly or Partly of 
Insulin.'' Included in the rule was the removal of Sec.  429.12 (21 CFR 
429.12) that contained a distinguishing color scheme for insulin 
products. At that time, the agency was favorably impressed with the 
cooperative effort between the insulin manufacturers and the 
International Diabetes Foundation (IDF) that resulted in a new color 
coding system in which each insulin product would be identified with a 
distinctive color. Although some insulin products have been approved 
with the IDF colors, the agency has not taken a position on whether to 
fully implement the IDF color scheme for insulin products, nor has FDA 
taken a public position on the acceptability of adopting any other 
color scheme currently in use.
    A number of drug product and device manufacturers use color schemes 
as described previously in this document in an effort to facilitate the 
selection and dispensing of drugs. For example, ophthalmic, anesthetic, 
dental, and insulin drug products, as well as medical devices, all use 
color to classify, identify, or differentiate drugs among the same 
class or facilitate the correct use of medical devices. Individual 
practitioner groups often endorse the use of colors to help 
differentiate among drugs. Many drugs are marketed with similar 
labeling and labels which contributes to an already complex prescribing 
and dispensing environment. Sight challenged ophthalmic patients count 
on color coding to identify their products. Patient safety groups, 
however, argue that broad application of color techniques is unproven, 
controversial, and could be a contributing factor in medication 
errors.\1\
---------------------------------------------------------------------------

    \1\Citations regarding the role of color coding and medication 
error reduction may be accessed at Report 5 of the Council on 
Scientific Affairs (A-04) Full Text--The Role of Color Coding in 
Medication Error Reduction. The article is accessible at: https://
www.ama-assn.org/ama/pub/category/13662.html (FDA has verified the 
Web site address but is not responsible for subsequent changes to 
the Web site after this document publishes in the Federal Register.)
---------------------------------------------------------------------------

II. Scope of the Hearing

    FDA is interested in obtaining public comment on the following 
issues:
     How and under what circumstances has the use of color on 
pharmaceutical packaging and/or labeling demonstrated an improvement in 
patient care? If there is no discernible improvement, please describe 
what you consider to be deficiencies in the program.
     Are there specific classes of drugs where use of color has 
demonstrated value? Are there classes where use of color is a hindrance 
to public safety?
     Are there drug products currently marketed that do not use 
color but should use color to aid in identification of the drug? If so, 
how should color be used?
     How should the effectiveness of application of color on 
drug products be scientifically validated?

III. Notice of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs (the Commissioner) is announcing 
that the public hearing will be held in accordance with part 15 (21 CFR 
part 15). The presiding officer will be the Commissioner or his 
designee. The presiding officer will be accompanied by a panel of FDA 
employees with relevant expertise.
    Persons who wish to participate in the part 15 hearing must file a 
written or electronic notice of participation with the Division of 
Dockets Management (see ADDRESSES and Dates). To ensure timely 
handling, any outer envelope should be clearly marked with the docket 
number listed in brackets in the heading of this notice along with the 
statement ``Use of Color on Drug Product Packaging Hearing.'' Groups 
should submit two written copies. The notice of participation should 
contain the potential presenter's name; address; telephone number; 
affiliation, if any; the sponsor of the presentation (e.g., the 
organization paying travel expenses or fees), if any; a brief summary 
of the presentation; and the approximate amount of time requested for 
the presentation. The agency requests that interested persons and 
groups having similar interests consolidate their comments and present 
them through a single representative. After reviewing the notices of 
participation and accompanying information, FDA will schedule each 
appearance and notify each participant of the time allotted to the 
presenter and the approximate time that presenter's oral testimony is 
scheduled to begin. If time permits, FDA may allow interested persons 
attending the hearing who did not submit a written or electronic notice 
of participation in advance to make an oral presentation at the 
conclusion of the hearing. The hearing schedule will be available at 
the hearing. After the hearing, the schedule will be placed on file in 
the Division of Dockets Management (see ADDRESSES) under the docket 
number listed in brackets in the heading of this notice.
    Under Sec.  15.30(f), the hearing is informal, and the rules of 
evidence do not apply. No participant may interrupt the presentation of 
another participant. Only the presiding officer and panel members may 
question any person during or at the conclusion of each presentation.
    Public hearings under part 15 are subject to FDA's policy and 
procedures for electronic media coverage of FDA's public administrative 
proceedings (21 CFR part 10, subpart C). UnderSec.  10.205

[[Page 5689]]

(21 CFR 10.205), representatives of the electronic media may be 
permitted, subject to certain limitations, to videotape, film, or 
otherwise record FDA's public administrative proceedings, including 
presentations by participants. The hearing will be transcribed as 
stipulated in Sec.  15.30(b). The transcript will be available on the 
Internet at https://www.fda.gov/ohrms/dockets, and orders for copies of 
the transcript can be placed at the meeting or through the Division of 
Dockets Management (see ADDRESSES).
    Any handicapped persons requiring special accommodations to attend 
the hearing should direct those needs to the contact person (see FOR 
FURTHER INFORMATION CONTACT).
    To the extent that the conditions for the hearing, as described in 
this notice, conflict with any provisions set out in part 15, this 
notice acts as a waiver of these provisions as specified in Sec.  
15.30(h).

IV. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic notices of participation and 
comments for consideration at the hearing (see DATES). Submit a single 
copy of written or electronic notices of participation and comments, or 
two paper copies of any mailed notices of participation and comments, 
except that individuals may submit one copy. Comments are to be 
identified with the docket number found in brackets in the heading of 
this document. Received comments may be seen in the Division of Dockets 
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: January 28, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-2094 Filed 1-31-05; 3:37 pm]
BILLING CODE 4160-01-S
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