Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations Under the Federal Import Milk Act, 30951-30953 [05-10703]

Download as PDF Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices negotiation of fees. By orchestrating agreements among its members to deal only on collectively-determined terms, and actual or threatened refusals to deal with health plans that would not agree to those terms, San Juan IPA violated Section 5 of the FTC Act. The Proposed Consent Order The proposed order is designed to remedy the illegal conduct charged in the complaint and prevent its recurrence. It is similar to recent consent orders that the Commission has issued to settle charges that physician groups engaged in unlawful agreements to raise fees they receive from health plans. The proposed order’s specific provisions are as follows: Paragraph II.A prohibits San Juan IPA from entering into or facilitating any agreement between or among any physicians: (1) To negotiate with payors on any physician’s behalf; (2) to deal, not to deal, or threaten not to deal with payors; (3) on what terms to deal with any payor; or (4) not to deal individually with any payor, or to deal with any payor only through an arrangement involving San Juan IPA. Other parts of Paragraph II reinforce these general prohibitions. Paragraph II.B prohibits San Juan IPA from facilitating exchanges of information between physicians concerning whether, or on what terms, to contract with a payor. Paragraph II.C bars attempts to engage in any action prohibited by Paragraph II.A or II.B, and Paragraph II.D proscribes inducing anyone to engage in any action prohibited by Paragraphs II.A through II.C. As in other Commission orders addressing providers’ collective bargaining with health care purchasers, certain kinds of agreements are excluded from the general bar on joint negotiations. San Juan IPA would not be precluded from engaging in conduct that is reasonably necessary to form or participate in legitimate joint contracting arrangements among competing physicians in a ‘‘qualified risk-sharing joint arrangement’’ or a ‘‘qualified clinically-integrated joint arrangement.’’ The arrangement, however, must not facilitate the refusal of, or restrict, physicians in contracting with payors outside of the arrangement. As defined in the proposed order, a ‘‘qualified risk-sharing joint arrangement’’ possesses two key characteristics. First, all physician participants must share substantial financial risk through the arrangement, such that the arrangement creates incentives for the physician participants VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 jointly to control costs and improve quality by managing the provision of services. Second, any agreement concerning reimbursement or other terms or conditions of dealing must be reasonably necessary to obtain significant efficiencies through the joint arrangement. A ‘‘qualified clinically-integrated joint arrangement,’’ on the other hand, need not involve any sharing of financial risk. Instead, as defined in the proposed order, physician participants must participate in active and ongoing programs to evaluate and modify their clinical practice patterns in order to control costs and ensure the quality of services provided, and the arrangement must create a high degree of interdependence and cooperation among physicians. As with qualified risk-sharing arrangements, any agreement concerning price or other terms of dealing must be reasonably necessary to achieve the efficiency goals of the joint arrangement. Paragraph III, for three years, requires San Juan IPA to notify the Commission before participating in contracting with health plans on behalf of a qualified risk-sharing joint arrangement or a qualified clinically-integrated joint arrangement. Paragraph III also sets out the information necessary to make the notification complete. Paragraph IV, for three years, requires San Juan IPA to notify the Commission before entering into any arrangement to act as a messenger, or as an agent on behalf of any physicians, with payors regarding contracts. Paragraph IV also sets out the information necessary to make the notification complete. Paragraph V.A requires San Juan IPA to distribute the complaint and order to all physicians who have participated in San Juan IPA, and to payors that negotiated contracts with San Juan IPA or indicated an interest in contracting with San Juan IPA. Paragraph V.B requires San Juan IPA, at any payor’s request and without penalty, or, at the latest, within one year after the order is made final, to terminate its current contracts. Paragraph V.C requires San Juan IPA to distribute payor requests for contract termination to all physicians who participate in San Juan IPA. Paragraph V.D.1.b requires San Juan IPA to distribute the complaint and order to any payors that negotiate contracts with San Juan IPA in the next three years. Paragraphs VI and VII of the proposed order impose various obligations on San Juan IPA to report or provide access to information to the Commission to facilitate monitoring San Juan IPA’s compliance with the order. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 30951 The proposed order will expire in 20 years. By direction of the Commission, Chairman Majoras not participating. Donald S. Clark, Secretary. [FR Doc. 05–10682 Filed 5–27–05; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0178] Agency Information Collection Activities; Proposed Collection; Comment Request; Regulations Under the Federal Import Milk Act 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 reporting and recordkeeping requirements in implementing the Federal Import Milk Act (FIMA). DATES: Submit written or electronic comments on the collection of information by August 1, 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 docket number found in brackets in the heading of this document. 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: 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 E:\FR\FM\31MYN1.SGM 31MYN1 30952 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices 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 proposed collection of information, including each proposed 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 these topics: (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 Under the Federal Import Milk Act—21 CFR Part 1210 (OMB Control Number 0910–0212)—Extension Under the regulations implementing FIMA (21 U.S.C. 141–149), milk or cream may be imported into the United States only by the holder of a valid import milk permit. Before such permit is issued: (1) All cows from which import milk or cream is produced must be physically examined and found healthy; (2) if the milk or cream is imported raw, all such cows must pass a tuberculin test; (3) the dairy farm and each plant in which the milk or cream is processed or handled must be inspected and found to meet certain sanitary requirements; (4) bacterial counts of the milk at the time of importation must not exceed specified limits; and (5) the temperature of the milk or cream at time of importation must not exceed 50° F. In addition, the regulations in part 1210 (21 CFR part 1210) require that dairy farmers and plants maintain pasteurization records (§ 1210.15) and that each container of milk or cream imported into the United States bear a tag with the product type, permit number, and shipper’s name and address (§ 1210.22). FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 21 CFR Section Form No. No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours FDA 1815/Permits granted on certificates 1210.23 8 1 8 0.5 4.0 FDA 1993/Application of permit 1210.20 8 1 8 0.5 4.0 FDA 1994/Tuberculin test 1210.13 1 1 1 0.5 0.5 FDA 1995/Physical examination of cows 1210.12 1 1 1 0.5 0.5 FDA 1996/Sanitary inspection of dairy farms 1210.11 8 200 1,600 1.5 2,400 FDA 1997/Sanitary inspections of plants 1210.14 8 1 8 2.0 16.0 Total 1There 2,425.0 are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1 21 CFR Section No. of Recordkeepers 1210.15 1There Annual Frequency per Recordkeeping Total Annual Records 1 Hours per Record 8 8 Total Hours 0.05 0.40 are no capital costs or operating and maintenance costs associated with this collection of information. These estimates are based on the number of current permit holders and the number of inquiries that FDA has received regarding requests for applications in the past 3 years. No burden has been estimated for the tagging requirement in § 1210.22 because the information on the tag is either supplied by FDA (permit number) or is disclosed to third parties as a usual VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 and customary part of the shipper’s normal business activities (type of product, shipper’s name and address). Under 5 CFR 1320.3(c)(2), the public disclosure of information originally supplied by the Federal Government to the recipient for the purpose of disclosure to the public is not a collection of information. Under 5 CFR 1320.3(b)(2)), the time, effort, and PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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. Low burden has been estimated for Forms FDA 1994 and 1995 because they are not are not used often. E:\FR\FM\31MYN1.SGM 31MYN1 Federal Register / Vol. 70, No. 103 / Tuesday, May 31, 2005 / Notices The Secretary of Health and Human Services has the discretion to allow Form FDA 1815, a duly certified statement signed by an accredited official of a foreign government, to be submitted in lieu of Forms FDA 1994 and 1995. To date, Form FDA 1815 has been submitted in lieu of these forms. Dated: May 17, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–10703 Filed 5–27–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005D–0174] Draft Guidance on Expiration Dating of Unit-Dose Repackaged Drugs; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ‘‘Expiration Dating of Unit-Dose Repackaged Drugs.’’ The draft guidance is a proposed revision of section 480.200 of FDA’s Compliance Policy Guide (CPG) (CPG 7132b.11). We are proposing to revise CPG 7132b.11 so that FDA enforcement policy regarding expiration dating of nonsterile unit-dose repackaged drugs under the agency’s current good manufacturing practice (CGMP) regulations is substantially comparable to the expiration dating standards for such drugs set forth in the U.S. Pharmacopeia (USP). DATES: Submit written or electronic comments on the draft guidance by August 29, 2005. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the draft guidance to the Division of Drug Information (HFD– 240), Center for Drug Evaluation and Research, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one selfaddressed adhesive label to assist that office in processing your requests. Submit written comments on the draft guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.fda.gov/dockets/ecomments. See the SUPPLEMENTARY INFORMATION section VerDate jul<14>2003 16:14 May 27, 2005 Jkt 205001 for electronic access to the draft guidance document. FOR FURTHER INFORMATION CONTACT: Barry Rothman, Center for Drug Evaluation and Research (HFD–320), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–9026. SUPPLEMENTARY INFORMATION: I. Background We are announcing the availability of a draft guidance on ‘‘Expiration Dating of Unit-Dose Repackaged Drugs.’’ The document provides guidance on FDA’s enforcement policy regarding expiration dating of repackaged nonsterile solid and liquid unit-dose drugs under § 211.137 (21 CFR 211.137). Specifically, the draft guidance states certain circumstances under which we intend to exercise enforcement discretion and do not intend to take action against repackagers for failure to conduct stability studies to support expiration dates for drug products in accordance with FDA regulations. The draft guidance is a proposed revision of section 480.200 of the CPG (CPG 7132b.11), which we issued in February 1984 and revised in March 1995. We originally issued CPG 7132b.11 because unit-dose packaging systems had become widespread in health care, and questions had arisen as to whether drugs that were repackaged into unit-dose containers needed expiration dates based on stability data on the drugs in the unit-dose containers. The CGMP regulations require that each drug product bear an expiration date derived from tests conducted on samples stored in the immediate container closure system in which the drug is marketed (see § 211.137(a), § 211.166(a)(4) (21 CFR 211.166(a)(4))). This expiration dating ensures the drugs’ safety and efficacy over their intended shelf life. CPG 7132b.11 notes that the USP contains standards on beyond-use dating of nonsterile solid and liquid unit-dose drug products. Since its adoption in 1984, the CPG has stated that, in light of the USP standards and under certain conditions, the agency does not deem it necessary that stability studies be conducted on drugs that are repackaged into unit-dose containers. Therefore, the CPG has stated that we do not intend to initiate enforcement action against any unitdose repackaging firm for failure to have stability studies supporting expiration dates, provided certain conditions are met, including that the expiration date does not exceed 6 months. At the time the CPG was adopted, this recommendation was substantially PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 30953 comparable to the USP standards on expiration dating of nonsterile unit-dose repackaged drug products. In 2000, the USP revised its standards on the beyond-use dating of nonsterile solid and liquid dosage forms that are packaged in single-unit and unit-dose containers. The USP now states that, for such products, the beyond-use date must be 1 year from the date the drug is packaged into the single-unit or unitdose container or the expiration date on the manufacturer’s container, whichever is earlier, unless stability data or the manufacturer’s labeling indicates otherwise (USP 27, General Notices and Requirements, at 11). We have considered the USP revision to its beyond-use standard and believe that similar conditions are appropriate for CPG 7132b.11 for expiration dating. We believe that under certain specified conditions, it may be appropriate to assign up to a one-year expiration dating period to solid and liquid oral dosage form drug products repackaged into unit-dose containers, without conducting new stability studies on the repackaged drug products. Therefore, we are proposing to revise CPG 7132b.11 to clarify the agency’s exercise of enforcement discretion concerning expiration dating of nonsterile solid and liquid oral dosage form drug products that are repackaged into unit-dose containers. Under draft revised CPG 7132b.11, the expiration date for a nonsterile repackaged unit-dose drug would not exceed the following: (1) One year from the date of repackaging, or (2) the expiration date on the container of the original manufacturer’s product, whichever is earlier, unless stability data or the original manufacturer’s product labeling indicated otherwise, and provided certain other recommendations specified in CPG 7132b.11 were met. These other conditions include, but are not limited to, standards for containers, repackaging operations, and the repackaging environment. Additionally, because CPG 7132b.11 serves as Attachment B to section 430.100 of the CPG (CPG 7132b.10, ‘‘Unit Dose Labeling for Solid and Liquid Oral Dosage Forms’’), the proposed revision of CPG 7132b.11 will serve as Attachment B to CPG 7132b.10 when CPG 7132b.11 is finalized. We invite comments on the draft guidance. Additionally, we intend to conduct further study of the appropriateness of the proposed revision of CPG 7132b.11 regarding expiration dating on the unit-dose containers of nonsterile repackaged solid and liquid oral dosage form drug E:\FR\FM\31MYN1.SGM 31MYN1

Agencies

[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 30951-30953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10703]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0178]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Regulations Under the Federal Import Milk Act

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 reporting and recordkeeping 
requirements in implementing the Federal Import Milk Act (FIMA).

DATES: Submit written or electronic comments on the collection of 
information by August 1, 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 docket 
number found in brackets in the heading of this document.

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: 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

[[Page 30952]]

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 proposed collection of information, including each proposed 
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 these topics: (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 Under the Federal Import Milk Act--21 CFR Part 1210 (OMB 
Control Number 0910-0212)--Extension

    Under the regulations implementing FIMA (21 U.S.C. 141-149), milk 
or cream may be imported into the United States only by the holder of a 
valid import milk permit. Before such permit is issued: (1) All cows 
from which import milk or cream is produced must be physically examined 
and found healthy; (2) if the milk or cream is imported raw, all such 
cows must pass a tuberculin test; (3) the dairy farm and each plant in 
which the milk or cream is processed or handled must be inspected and 
found to meet certain sanitary requirements; (4) bacterial counts of 
the milk at the time of importation must not exceed specified limits; 
and (5) the temperature of the milk or cream at time of importation 
must not exceed 50[deg] F. In addition, the regulations in part 1210 
(21 CFR part 1210) require that dairy farmers and plants maintain 
pasteurization records (Sec.  1210.15) and that each container of milk 
or cream imported into the United States bear a tag with the product 
type, permit number, and shipper's name and address (Sec.  1210.22).
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                                      Annual
    Form No.          21 CFR          No. of       Frequencyper    Total Annual      Hours per      Total Hours
                      Section       Respondents      Response        Responses       Response
----------------------------------------------------------------------------------------------------------------
FDA 1815/Permits         1210.23               8               1               8             0.5             4.0
 granted on
 certificates
----------------------------------------------------------------------------------------------------------------
FDA 1993/                1210.20               8               1               8             0.5             4.0
 Application of
 permit
----------------------------------------------------------------------------------------------------------------
FDA 1994/                1210.13               1               1               1             0.5             0.5
 Tuberculin test
----------------------------------------------------------------------------------------------------------------
FDA 1995/                1210.12               1               1               1             0.5             0.5
 Physical
 examination of
 cows
----------------------------------------------------------------------------------------------------------------
FDA 1996/                1210.11               8             200           1,600             1.5           2,400
 Sanitary
 inspection of
 dairy farms
----------------------------------------------------------------------------------------------------------------
FDA 1997/                1210.14               8               1               8             2.0            16.0
 Sanitary
 inspections of
 plants
----------------------------------------------------------------------------------------------------------------
Total             ..............  ..............  ..............  ..............  ..............         2,425.0
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2.--Estimated Annual Recordkeeping Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   No. of         Annual Frequency per
              21 CFR Section                    Recordkeepers         Recordkeeping     Total Annual Records    Hours per  Record        Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1210.15                                                        8                     1                     8                  0.05                  0.40
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    These estimates are based on the number of current permit holders 
and the number of inquiries that FDA has received regarding requests 
for applications in the past 3 years. No burden has been estimated for 
the tagging requirement in Sec.  1210.22 because the information on the 
tag is either supplied by FDA (permit number) or is disclosed to third 
parties as a usual and customary part of the shipper's normal business 
activities (type of product, shipper's name and address). Under 5 CFR 
1320.3(c)(2), the public disclosure of information originally supplied 
by the Federal Government to the recipient for the purpose of 
disclosure to the public is not a collection of information. 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. Low burden has been estimated for 
Forms FDA 1994 and 1995 because they are not are not used often.

[[Page 30953]]

 The Secretary of Health and Human Services has the discretion to allow 
Form FDA 1815, a duly certified statement signed by an accredited 
official of a foreign government, to be submitted in lieu of Forms FDA 
1994 and 1995. To date, Form FDA 1815 has been submitted in lieu of 
these forms.

    Dated: May 17, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-10703 Filed 5-27-05; 8:45 am]
BILLING CODE 4160-01-S
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