Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Premarket Notification for a New Dietary Ingredient, 22886-22887 [05-8767]

Download as PDF 22886 Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Notices Under 5 CFR 1320.3(b)(2), the time, effort, and financial resources necessary to comply with a collection of information are excluded from the burden estimate if the reporting, recordkeeping, or disclosure activities needed to comply are usual and customary because they would occur in the normal course of activities. No burden has been estimated for the recordkeeping requirement in § 107.280 because these records are maintained as a usual and customary part of normal business activities. Manufacturers keep infant formula distribution records for the prescribed period as a matter of routine business practice. The reporting burden estimate is based on agency records, which show that there are five manufacturers of infant formula and that there have been, on average, two infant formula recalls per year for the past 3 years. Dated: April 26, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–8766 Filed 5–2–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0031] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Premarket Notification for a New Dietary Ingredient AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by June 2, 2005. ADDRESSES: OMB is still experiencing significant delays in the regular mail, including first class and express mail, and messenger deliveries are not being accepted. To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: Fumie Yokota, Desk Officer for FDA, FAX: 202–395–6974. FOR FURTHER INFORMATION CONTACT: Peggy Robbins, Office of Management Programs (HFA 250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–1223. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Premarket Notification for a New Dietary Ingredient—21 CFR 190.6 (OMB Control Number 0910–0330)— Extension Section 413(a) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 350b(a)) provides that a manufacturer or distributor of dietary supplements or of a new dietary ingredient is to submit information to FDA (as delegate for the Secretary of Health and Human Services) upon which it has based its conclusion that a dietary supplement containing a new dietary ingredient will reasonably be expected to be safe at least 75 days before the introduction or delivery for introduction into interstate commerce of a dietary supplement that contains a new dietary ingredient. FDA’s regulations at part 190, subpart B (21 CFR part 190, subpart B) implement these statutory provisions. Section 190.6(a) requires each manufacturer or distributor of a dietary supplement containing a new dietary ingredient, or of a new dietary ingredient, to submit to the Office of Nutritional Products, Labeling, and Dietary Supplements notification of the basis for their conclusion that said supplement or ingredient will reasonably be expected to be safe. Section 190.6(b) requires that the notification include the following: (1) The complete name and address of the manufacturer or distributor, (2) the name of the new dietary ingredient, (3) a description of the dietary supplements that contains the new dietary ingredient, and (4) the history of use or other evidence of safety establishing that the dietary ingredient will reasonably be expected to be safe. The notification requirements described previously are designed to enable FDA to monitor the introduction into the food supply of new dietary ingredients and dietary supplements that contain new dietary ingredients, in order to protect consumers from unsafe dietary supplements. FDA uses the information collected under these regulations to help ensure that a manufacturer or distributor of a dietary supplement containing a new dietary ingredient is in full compliance with the act. In the Federal Register of February 7, 2005 (70 FR 6444), FDA published a 60day notice requesting public comment on the information collection provisions. No comments were received. TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 No. of Respondents 21 CFR Section 190.6 1 There Annual Frequency per Response 71 Total Annual Responses 1 Hours per Respondent 71 Total Hours 20 1,420 are no capital costs or operating and maintenance costs associated with this collection of information. The agency believes that there will be minimal burden on the industry to generate data to meet the requirements of the premarket notification program, because the agency is requesting only that information that the manufacturer or distributor should already have developed to satisfy itself that a dietary supplement containing a new dietary ingredient is in full compliance with the VerDate jul<14>2003 15:43 May 02, 2005 Jkt 205001 act. However, the agency estimates that extracting and summarizing the relevant information from the company’s files, and presenting it in a format that will meet the requirements of section 413 of the act, will require a burden of approximately 20 hours of work per submission. During the past 3 fiscal years, from October 1, 2002, through September 30, PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 2004, FDA received an average of 47 notifications per year with an average of 1 notification per submitting manufacture or distributor. In comparison, during the previous 3 fiscal years, from October 1, 1999, through September 30, 2001, FDA received an average of 23 notifications per year with an average of 1 notification per submitter. The annual average number E:\FR\FM\03MYN1.SGM 03MYN1 Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Notices of notifications FDA received during fiscal years 2002 to 2004 increased by 24. Because the premarket notification program for new dietary ingredients is relatively new, the agency anticipates that this upward trend in receiving more notifications will continue over the next 3 fiscal years, from October 1, 2005, through September 30, 2007. Therefore, FDA estimates that the agency will receive an annual average of 71 notifications with an annual average of 1 notification per submitter during fiscal years 2005 to 2007. Dated: April 26, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–8767 Filed 5–2–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0153] Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations for In Vivo Radiopharmaceuticals Used for Diagnosis and Monitoring AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on regulations for in vivo radiopharmaceuticals used for diagnosis and monitoring. DATES: Submit written or electronic comments on the collection of information by July 5, 2005. ADDRESSES: Submit electronic comments on the collection of information to https://www.fda.gov/ dockets/ecomments. Submit written comments on the collection of information to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the VerDate jul<14>2003 15:43 May 02, 2005 Jkt 205001 docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Karen Nelson, Office of Management Programs (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–1482. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the Federal Register concerning each collection of information, including each extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility; (2) the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Regulations For In Vivo Radiopharmaceuticals Used For Diagnosis and Monitoring (OMB Control Number 0910–0409)—Extension FDA is requesting OMB approval of the information collection requirements contained in § § 315.4, 315.5, and 315.6 (21 CFR 315.4, 315.5, and 315.6). These regulations require manufacturers of diagnostic radiopharmaceuticals to submit information that demonstrates the safety and effectiveness of a new diagnostic radiopharmaceutical or of a new indication for use of an approved diagnostic radiopharmaceutical. In response to the requirements of section 122 of the Food and Drug PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 22887 Administration Modernization Act of 1997 (FDAMA) (Public Law 105–115), FDA published a final rule (64 FR 26657, May 17, 1999) amending its regulations by adding provisions that clarify FDA’s evaluation and approval of in vivo radiopharmaceuticals used in the diagnosis or monitoring of diseases. The regulation describes the kinds of indications of diagnostic radiopharmaceuticals and some of the criteria that the agency would use to evaluate the safety and effectiveness of a diagnostic radiopharmaceutical under section 505 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 355) and section 351 of the Public Health Service Act (the PHS Act) (42 U.S.C. 262). Information about the safety or effectiveness of a diagnostic radiopharmaceutical enables FDA to properly evaluate the safety and effectiveness profiles of a new diagnostic radiopharmaceutical or a new indication for use of an approved diagnostic radiopharmaceutical. The rule clarifies existing FDA requirements for approval and evaluation of drug and biological products1 already in place under the authorities of the act and the PHS act. The information, which is usually submitted as part of a new drug application (NDA), biologics license application, or as a supplement to an approved application, typically includes, but is not limited to, nonclinical and clinical data on the pharmacology, toxicology, adverse events, radiation safety assessments, and chemistry, manufacturing, and controls. The content and format of an application for approval of a new drug are set forth in § 314.50 (21 CFR 314.50). Under 21 CFR part 315, information required under the act and needed by FDA to evaluate the safety and effectiveness of in vivo radiopharmaceuticals still needs to be reported. Based on the number of submissions (that is, human drug applications and/ or new indication supplements for diagnostic radiopharmaceuticals) that FDA receives, the agency estimates that it will receive approximately two submissions annually from two applicants. The hours per response refers to the estimated number of hours that an applicant would spend preparing the information required by the regulations. Based on FDA’s experience, the agency estimates the time needed to prepare a complete 1 The information collection requirements for biological products are no longer submitted to OMB for approval in this package, but are included under OMB control number 0910–0338. E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Pages 22886-22887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8767]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0031]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Premarket 
Notification for a New Dietary Ingredient

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by June 2, 
2005.

ADDRESSES: OMB is still experiencing significant delays in the regular 
mail, including first class and express mail, and messenger deliveries 
are not being accepted. To ensure that comments on the information 
collection are received, OMB recommends that written comments be faxed 
to the Office of Information and Regulatory Affairs, OMB, Attn: Fumie 
Yokota, Desk Officer for FDA, FAX: 202-395-6974.

FOR FURTHER INFORMATION CONTACT: Peggy Robbins, Office of Management 
Programs (HFA 250), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-827-1223.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Premarket Notification for a New Dietary Ingredient--21 CFR 190.6 (OMB 
Control Number 0910-0330)--Extension

    Section 413(a) of the Federal Food, Drug, and Cosmetic Act (the 
act) (21 U.S.C. 350b(a)) provides that a manufacturer or distributor of 
dietary supplements or of a new dietary ingredient is to submit 
information to FDA (as delegate for the Secretary of Health and Human 
Services) upon which it has based its conclusion that a dietary 
supplement containing a new dietary ingredient will reasonably be 
expected to be safe at least 75 days before the introduction or 
delivery for introduction into interstate commerce of a dietary 
supplement that contains a new dietary ingredient. FDA's regulations at 
part 190, subpart B (21 CFR part 190, subpart B) implement these 
statutory provisions. Section 190.6(a) requires each manufacturer or 
distributor of a dietary supplement containing a new dietary 
ingredient, or of a new dietary ingredient, to submit to the Office of 
Nutritional Products, Labeling, and Dietary Supplements notification of 
the basis for their conclusion that said supplement or ingredient will 
reasonably be expected to be safe. Section 190.6(b) requires that the 
notification include the following: (1) The complete name and address 
of the manufacturer or distributor, (2) the name of the new dietary 
ingredient, (3) a description of the dietary supplements that contains 
the new dietary ingredient, and (4) the history of use or other 
evidence of safety establishing that the dietary ingredient will 
reasonably be expected to be safe.
    The notification requirements described previously are designed to 
enable FDA to monitor the introduction into the food supply of new 
dietary ingredients and dietary supplements that contain new dietary 
ingredients, in order to protect consumers from unsafe dietary 
supplements. FDA uses the information collected under these regulations 
to help ensure that a manufacturer or distributor of a dietary 
supplement containing a new dietary ingredient is in full compliance 
with the act.
    In the Federal Register of February 7, 2005 (70 FR 6444), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. No comments were received.

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                         No. of        Annual Frequency     Total Annual        Hours per
  21 CFR Section      Respondents        per Response        Responses          Respondent        Total Hours
----------------------------------------------------------------------------------------------------------------
190.6                             71                  1                 71                 20              1,420
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The agency believes that there will be minimal burden on the 
industry to generate data to meet the requirements of the premarket 
notification program, because the agency is requesting only that 
information that the manufacturer or distributor should already have 
developed to satisfy itself that a dietary supplement containing a new 
dietary ingredient is in full compliance with the act. However, the 
agency estimates that extracting and summarizing the relevant 
information from the company's files, and presenting it in a format 
that will meet the requirements of section 413 of the act, will require 
a burden of approximately 20 hours of work per submission.
    During the past 3 fiscal years, from October 1, 2002, through 
September 30, 2004, FDA received an average of 47 notifications per 
year with an average of 1 notification per submitting manufacture or 
distributor. In comparison, during the previous 3 fiscal years, from 
October 1, 1999, through September 30, 2001, FDA received an average of 
23 notifications per year with an average of 1 notification per 
submitter. The annual average number

[[Page 22887]]

of notifications FDA received during fiscal years 2002 to 2004 
increased by 24. Because the premarket notification program for new 
dietary ingredients is relatively new, the agency anticipates that this 
upward trend in receiving more notifications will continue over the 
next 3 fiscal years, from October 1, 2005, through September 30, 2007. 
Therefore, FDA estimates that the agency will receive an annual average 
of 71 notifications with an annual average of 1 notification per 
submitter during fiscal years 2005 to 2007.

    Dated: April 26, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-8767 Filed 5-2-05; 8:45 am]
BILLING CODE 4160-01-S
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