Agency Information Collection Activities; Proposed Collection; Comment Request; Export of Food and Drug Administration Regulated Products-Export Certificates, 35678-35680 [05-12109]

Download as PDF 35678 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices inherently religious activities can be found on the HHS Web site at: https:// www.os.dhhs.gov/fbci/waisgate21.pdf 3. Reporting Requirements Grantees will be required to submit program progress and financial reports (SF 269) throughout the project period. Program progress and financial reports are due 30 days after the reporting period. In addition, final programmatic and financial reports are due 90 days after the close of the project period. VII. Agency Contacts Program Office Contact Attn: Mary Bruce Webb, ACF, Office of Planning, Research and Evaluation, 370 L’Enfant Promenade, Washington, DC 20447. Phone: 202–205–8628. E-mail: mbwebb@acf.hhs.gov. Grants Management Office Contact Attn: Sylvia Johnson, ACF, Division of Discretionary Grants, 370 L’Enfant Promenade, Washington, DC 20447. Phone: 202–260–7622. E-mail: sjohnson@acf.hhs.gov. VIII. Other Information Notice: Beginning with FY 2006, the Administration for Children and Families (ACF) will no longer publish grant announcements in the Federal Register. Beginning October 1, 2005 applicants will be able to find a synopsis of all ACF grant opportunities and apply electronically for opportunities via: www.Grants.gov. Applicants will also be able to find the complete text of all ACF grant announcements on the ACF Web site located at: https://www.acf.hhs.gov/ grants/. Please reference Section IV.3 for details about acknowledgement of received applications. Dated: June 14, 2005. Mary Bruce Webb, Senior Research Analyst, ACF/OPRE. [FR Doc. 05–12157 Filed 6–20–05; 8:45 am] BILLING CODE 4184–01–P 22:07 Jun 20, 2005 Food and Drug Administration [Docket No. 2005N–0190] Program Progress Reports SemiAnnually Financial Reports: Semi-Annually VerDate jul<14>2003 DEPARTMENT OF HEALTH AND HUMAN SERVICES Jkt 205001 Agency Information Collection Activities; Proposed Collection; Comment Request; Export of Food and Drug Administration Regulated Products—Export Certificates 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 information collection requirements imposed on firms that intend to export to countries that require an export certificate as a condition of entry for FDA regulated products, pharmaceuticals, biologics, and devices as indicated in the Federal Food, Drug, and Cosmetic Act (the act), as amended. DATES: Submit written or electronic comments on the collection of information by August 22, 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: Jonna Capezzuto, Office of Management Programs (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–4659. 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 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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. Export of FDA Regulated Products— Export Certificates (OMB Control Number 0910–0498) In April 1996 a law entitled ‘‘The FDA Export Reform and Enhancement Act of 1996’’ amended sections 801(e) and 802 of the act (21 U.S.C. 381(e) and 382). It was designed to ease restrictions on exportation of unapproved pharmaceuticals, biologics, and devices regulated by FDA. Section 801(e)(4) of the act provides that persons exporting certain FDA-regulated products may request that FDA certify that the products meet the requirements of sections 801(e) or 802 or other requirements of the act. This section of the law requires that FDA issue certification within 20 days of receipt of the request and charge firms up to $175 for the certifications. This new section of the act authorizes FDA to issue export certificates for regulated pharmaceuticals, biologics, and devices that are legally marketed in the United States, as well as for pharmaceuticals, biologics, and devices that are not legally marketed, but are acceptable to the importing country as specified in sections 801(e) and 802 of the act. FDA has developed five types of certificates that satisfy the requirements of section 801(e)(4)(B) of the act: (1) Certificates to Foreign Governments, (2) E:\FR\FM\21JNN1.SGM 21JNN1 35679 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices Certificates of Exportability, (3) Certificates of a Pharmaceutical Product, (4) Nonclinical Research Use Only Certificates, and (5) Certificates of Free Sale. Table 1 of this document lists the different certificates and details their uses: TABLE 1. Type of Certificate Use ‘‘Supplementary Information Certificate to Foreign Government Requests’’ ‘‘Exporter’s Certification Statement Certificate to Foreign Government’’ ‘‘Exporter’s Certification Statement Certificate to Foreign Government (For Human Tissue Intended for Transplantation)’’ For the export of products legally marketed in the United States. ‘‘Supplementary Information Certificate of Exportability Requests’’ ‘‘Exporter’s Certification Statement Certificate of Exportability’’ For the export of products not approved for marketing in the United States (unapproved products) that meet the requirements of sections 801(e) or 802 of the act. ‘‘Supplementary Information Certificate of a Pharmaceutical Product’’ ‘‘Exporter’s Certification Statement Certificate of a Pharmaceutical Product’’ Conforms to the format established by the World Health Organization and is intended for use by the importing country when the product in question is under consideration for a product license that will authorize its importation and sale or for renewal, extension, amendment, or review of a license. ‘‘Supplementary Information Nonclinical Research Use Only Certificate’’ ‘‘Exporter’s Certification Statement Nonclinical Research Use Only’’ For the export of a nonclinical research use only product, material, or component that is not intended for human use which may be marketed in, and legally exported from the United States under the act. Certificates of Free Sale For food and cosmetic products and dietary supplements that may be legally marketed in the United States. FDA will continue to rely on selfcertification by manufacturers for the first three types of certificates listed in the previous paragraph. Manufacturers are requested to self-certify that they are in compliance with all applicable requirements of the act, not only at the time that they submit their request to the appropriate center, but also at the time that they submit the certification to the foreign government. The appropriate FDA centers will review product information submitted by firms in support of their certificate and any suspected case of fraud will be referred to FDA’s Office of Criminal Investigations for followup. Firms making or submitting to FDA false statements on any documents may constitute violations of 18 U.S.C. 1001, with penalties including up to $250,000 in fines and up to 5 years imprisonment. FDA estimates the burden of this collection of information as follows: TABLE 2.—ESTIMATED ANNUAL REPORTING BURDEN1 No. of Respondents FDA Center Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Center for Biologics Evaluation and Research 1,501 1 1,501 1 1,501 Center for Drug Evaluation and Research 4,803 1 4,803 1 4,803 Center for Devices and Radiological Health 5,674 1 5,674 22 11,348 664 1 664 Center for Veterinary Medicine Total 1 2 12,642 12,642 There are no capital costs or operating and maintenance costs associated with this collection of information. Based on center policy that allows multiple devices to appear on one certificate. VerDate jul<14>2003 22:07 Jun 20, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 1 664 18,316 35680 Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Notices Dated: June 14, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–12109 Filed 6–20–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2005N–0220] Agency Information Collection Activities; Proposed Collection; Comment Request; Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components; and Requirements for Donor Testing, Donor Notification, and ‘‘Lookback’’ 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 the information collection requirements contained in FDA’s current good manufacturing practice (CGMP) and related regulations for blood and blood components; and requirements for donor testing, donor notification, and ‘‘lookback’’. Submit written or electronic comments on the collection of information by August 22, 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: Jonna Capezzuto, Office of Management Programs (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–4659. DATES: VerDate jul<14>2003 22:07 Jun 20, 2005 Jkt 205001 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 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. SUPPLEMENTARY INFORMATION: Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components; and Requirements for Donor Testing, Donor Notification, and ‘‘Lookback’’ (OMB Control Number 0910–0116)—Extension Under the statutory requirements contained in section 351 of the Public Health Service Act (PHS Act) (42 U.S.C. 262), no blood, blood component, or derivative may move in interstate commerce unless: (1) It is propagated or manufactured and prepared at an establishment holding an unsuspended and unrevoked license; (2) the product complies with regulatory standards designed to ensure safety, purity, and potency; and (3) it bears a label plainly marked with the product’s proper name, manufacturer, and expiration date. In addition, under the biologics licensing and quarantine provisions in sections 351–361 of the PHS Act (42 U.S.C. 262– 264) and the general administrative PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 provisions under sections 501–503, 505–510, and 701–704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351–353, 355–360, and 371–374), FDA has the authority to issue and enforce regulations designed to protect the public from unsafe or ineffective biological products and to issue regulations necessary to prevent the introduction, transmission, or spread of communicable diseases between States or possession or from foreign countries into the States or possession. The CGMP and related regulations implement FDA’s statutory authority to ensure the safety, purity, and potency of blood and blood components. The ‘‘lookback’’ requirements are intended to help ensure the continued safety of the blood supply by providing necessary information to users of blood and blood components and appropriate notification of recipients of transfusion who are at increased risk for transmitting human immunodeficiency virus (HIV) infection. The public health objective in testing human blood donors for evidence of infection due to communicable disease agents and in donor notification is to prevent the transmission of communicable disease. The information collection requirements in the CGMP, donor testing, donor notification, and ‘‘lookback’’ regulations provide FDA with the necessary information to perform its duty to ensure the safety, purity, and potency of blood and blood components. These requirements establish accountability and traceability in the processing and handling of blood and blood components and enables FDA to conduct meaningful inspections. The recordkeeping requirements serve preventative and remedial purposes. The disclosure requirements identify the various blood and blood components and important properties of the product, demonstrate that the CGMP requirements have been met, and facilitate the tracing of a product back to its original source. The reporting requirements inform FDA of any deviations that occur and that may require immediate corrective action. Under the reporting requirements, § 606.170(b) (21 CFR 606.170(b)) requires that fatal complications of blood collection and transfusions be reported to FDA as soon as possible and that a written report shall be submitted within 7 days. Section 610.40(c)(1)(ii) (21 CFR 610.40(c)(1)(ii)) requires each dedicated donation be labeled as required under 21 CFR 606.121 and with a label entitled ‘‘INTENDED RECIPIENT INFORMATION LABEL’’ containing the name and identifying information of the recipient. Section E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35678-35680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12109]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2005N-0190]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Export of Food and Drug Administration Regulated 
Products--Export Certificates

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 information collection 
requirements imposed on firms that intend to export to countries that 
require an export certificate as a condition of entry for FDA regulated 
products, pharmaceuticals, biologics, and devices as indicated in the 
Federal Food, Drug, and Cosmetic Act (the act), as amended.

DATES: Submit written or electronic comments on the collection of 
information by August 22, 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: Jonna Capezzuto, Office of Management 
Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-827-4659.

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 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.

Export of FDA Regulated Products--Export Certificates (OMB Control 
Number 0910-0498)

    In April 1996 a law entitled ``The FDA Export Reform and 
Enhancement Act of 1996'' amended sections 801(e) and 802 of the act 
(21 U.S.C. 381(e) and 382). It was designed to ease restrictions on 
exportation of unapproved pharmaceuticals, biologics, and devices 
regulated by FDA. Section 801(e)(4) of the act provides that persons 
exporting certain FDA-regulated products may request that FDA certify 
that the products meet the requirements of sections 801(e) or 802 or 
other requirements of the act. This section of the law requires that 
FDA issue certification within 20 days of receipt of the request and 
charge firms up to $175 for the certifications.
    This new section of the act authorizes FDA to issue export 
certificates for regulated pharmaceuticals, biologics, and devices that 
are legally marketed in the United States, as well as for 
pharmaceuticals, biologics, and devices that are not legally marketed, 
but are acceptable to the importing country as specified in sections 
801(e) and 802 of the act. FDA has developed five types of certificates 
that satisfy the requirements of section 801(e)(4)(B) of the act: (1) 
Certificates to Foreign Governments, (2)

[[Page 35679]]

Certificates of Exportability, (3) Certificates of a Pharmaceutical 
Product, (4) Nonclinical Research Use Only Certificates, and (5) 
Certificates of Free Sale. Table 1 of this document lists the different 
certificates and details their uses:

                                                    Table 1.
----------------------------------------------------------------------------------------------------------------
                       Type of Certificate                                              Use
----------------------------------------------------------------------------------------------------------------
``Supplementary Information Certificate to Foreign Government      For the export of products legally marketed
 Requests''                                                         in the United States.
``Exporter's Certification Statement Certificate to Foreign
 Government''
``Exporter's Certification Statement Certificate to Foreign
 Government (For Human Tissue Intended for Transplantation)''
----------------------------------------------------------------------------------------------------------------
``Supplementary Information Certificate of Exportability           For the export of products not approved for
 Requests''                                                         marketing in the United States (unapproved
``Exporter's Certification Statement Certificate of                 products) that meet the requirements of
 Exportability''                                                    sections 801(e) or 802 of the act.
----------------------------------------------------------------------------------------------------------------
``Supplementary Information Certificate of a Pharmaceutical        Conforms to the format established by the
 Product''                                                          World Health Organization and is intended
``Exporter's Certification Statement Certificate of a               for use by the importing country when the
 Pharmaceutical Product''                                           product in question is under consideration
                                                                    for a product license that will authorize
                                                                    its importation and sale or for renewal,
                                                                    extension, amendment, or review of a
                                                                    license.
----------------------------------------------------------------------------------------------------------------
``Supplementary Information Nonclinical Research Use Only          For the export of a nonclinical research use
 Certificate''                                                      only product, material, or component that is
``Exporter's Certification Statement Nonclinical Research Use       not intended for human use which may be
 Only''                                                             marketed in, and legally exported from the
                                                                    United States under the act.
----------------------------------------------------------------------------------------------------------------
Certificates of Free Sale                                          For food and cosmetic products and dietary
                                                                    supplements that may be legally marketed in
                                                                    the United States.
----------------------------------------------------------------------------------------------------------------

    FDA will continue to rely on self-certification by manufacturers 
for the first three types of certificates listed in the previous 
paragraph. Manufacturers are requested to self-certify that they are in 
compliance with all applicable requirements of the act, not only at the 
time that they submit their request to the appropriate center, but also 
at the time that they submit the certification to the foreign 
government.
    The appropriate FDA centers will review product information 
submitted by firms in support of their certificate and any suspected 
case of fraud will be referred to FDA's Office of Criminal 
Investigations for followup. Firms making or submitting to FDA false 
statements on any documents may constitute violations of 18 U.S.C. 
1001, with penalties including up to $250,000 in fines and up to 5 
years imprisonment.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 2.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                  No. of       Annual Frequency   Total Annual      Hours per
         FDA Center             Respondents      per Response       Responses        Response       Total Hours
----------------------------------------------------------------------------------------------------------------
Center for Biologics                   1,501                  1           1,501        1                   1,501
 Evaluation and Research
----------------------------------------------------------------------------------------------------------------
Center for Drug Evaluation             4,803                  1           4,803        1                   4,803
 and Research
----------------------------------------------------------------------------------------------------------------
Center for Devices and                 5,674                  1           5,674        2\2\               11,348
 Radiological Health
----------------------------------------------------------------------------------------------------------------
Center for Veterinary                    664                  1             664        1                     664
 Medicine
----------------------------------------------------------------------------------------------------------------
Total                                 12,642  .................          12,642        .........          18,316
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Based on center policy that allows multiple devices to appear on one certificate.



[[Page 35680]]

    Dated: June 14, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-12109 Filed 6-20-05; 8:45 am]
BILLING CODE 4160-01-S
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