Revised Compliance Policy Guide Regarding Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Availability, 69160-69161 [05-22500]

Download as PDF 69160 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices V. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES), written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed 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: June 21, 2005. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 05–22610 Filed 11–10–05; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2003D–0554] Revised Compliance Policy Guide Regarding Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a revised compliance policy guide (CPG) Sec. 110.310 entitled ‘‘Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.’’ The CPG provides written guidance to FDA’s and Customs and Border Protection’s (CBP’s) staff on enforcement of section 307 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the Bioterrorism Act) and the agency’s implementing regulations, which require prior notice for food imported or offered for import into the United States. The CPG has been revised to finalize the sections pertaining to routine shipments of food that are transshipped through the United States, arriving from and exiting to the same country, and regarding the Harmonized Tariff Schedule (HTS) code that is part of the planned shipment information. The revised CPG is final upon the date of publication. However, you DATES: VerDate Aug<31>2005 17:16 Nov 10, 2005 Jkt 208001 may submit written or electronic comments on the revised CPG at any time. You may submit comments, identified by Docket No. 2003D–0544 and/ Regulatory Information Number (RIN) number (if a RIN number has been assigned), by any of the following methods: Electronic Submissions Submit electronic comments in the following ways: • Agency Web site: https:// www.fda.gov/dockets/ecomments. Follow the instructions for submitting comments on the agency Web site. Written Submissions Submit written submissions in the following ways: • FAX: 301–827–6870. • Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions]: Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. To ensure more timely processing of comments, FDA is no longer accepting comments submitted to the agency by email. FDA encourages you to continue to submit electronic comments by using the Federal eRulemaking Portal or the agency Web site, as described in the Electronic Submissions portion of this paragraph. Instructions: All submissions received must include the agency name and Docket No(s). and RIN (if a RIN number has been assigned) for this rulemaking. All comments received may be posted without change to https://www.fda.gov/ ohrms/dockets/default.htm, including any personal information provided. For additional information on submitting comments, see the ‘‘Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.fda.gov/ohrms/dockets/ default.htm and insert the docket number(s), found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit written requests for single copies of the revised guidance to the Division of Compliance Policy (HFC– 230), Office of Enforcement, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one self-addressed adhesive label to assist that office in processing your request or ADDRESSES: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 include a fax number to which the guidance may be sent. FOR FURTHER INFORMATION CONTACT: Laura Draski, Office of Regulatory Affairs (HFC–180), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 866–521–2297. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of March 4, 2005 (70 FR 10657), FDA announced the availability of a draft revision to CPG Sec. 110.310 entitled ‘‘Prior Notice of Imported Food Under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002.’’ This revised guidance was issued with CBP concurrence and explains to FDA and CBP staff the new FDA and CBP policies on enforcement of section 307 of the Bioterrorism Act and its implementing regulations, which require prior notice to FDA of all food imported or offered for import into the United States (21 CFR parts 1.276 through 1.285). The new policies provide additional flexibility in filing prior notice when, due to the geography, the only practical transportation route available for the shipment is through the United States and when there is a prior notice violation because the prior notice does not include the 6-digit HTS code for the article of food. FDA received 8 comments on the draft sections of the revised CPG. FDA reviewed and evaluated these comments and has modified the CPG with CBP concurrence, where appropriate. FDA is issuing this CPG as level 1 guidance consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The CPG represents the agency’s current thinking on its enforcement policy concerning prior notice. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) written or electronic comments on the guidance document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. The revised CPG and received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. E:\FR\FM\14NON1.SGM 14NON1 69161 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices Choke Cherry Road, Room 3–1017, Rockville, Maryland 20857, telephone (240) 276–1124 (not a toll-free number). III. Electronic Access An electronic version of the revised CPG is available on the Internet at https://www.fda.gov/ora under ‘‘Compliance References.’’ Dated: November 4, 2005. Steve Niedelman, Acting Associate Commissioner for Regulatory Affairs. [FR Doc. 05–22500 Filed 11–10–05; 8:45 am] Dated: November 8, 2005. Charles G. Curier, Administrator, SAMHSA. [FR Doc. 05–22538 Filed 11–10–05; 8:45 am] BILLING CODE 4160–01–M DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. FR–4971–N–58] Notice of Submission of Proposed Information Collection to OMB; Procedures for Appealing Section 8 Rent Adjustments Public Health Services; Notice of Listing of Members of the Substance Abuse and Mental Health Services Administration’s Senior Executive Service Performance Review Board (PRB) Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: The Substance Abuse and Mental Health Services Administration (SAMHSA) announces the persons who will serve on the Substance Abuse and Mental Health Services Administration’s Performance Review Board. This action is being taken in accordance with Title 5, U.S.C., Section 4314(c)(4), which requires that members of performance review boards be appointed in a manner to ensure consistency, stability, and objectivity in performance appraisals, and requires that notice of the appointment of an individual to serve as a member be published in the Federal Register. The following persons will serve on the SAMHSA Performance Review Board, which oversees the evaluation of performance appraisals of SAMHSA’s Senior Executive Service (SES) members: Andrew C. Knapp, Chairperson, Eric Broderick, Curt Coy, Daryl W. Kade. For further information about the SAMHSA Performance Review Board, contact the Division of Management Systems, Substance Abuse and Mental Health Services Administration, 1 This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. SUPPLEMENTARY INFORMATION: BILLING CODE 4160–01–S Substance Abuse and Mental Health Services Administration Street, SW., Washington, DC 20410; email Wayne_Eddins@HUD.gov; or Lillian Deitzer at Lillian_L_Deitzer@HUD.gov or telephone (202) 708–2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Mr. Eddins or Ms. Deitzer. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. When a rent increase for certain Section 8 subsidized projects is denied, in full or in part, owners may submit to HUD an appeal letter outlining the basis for the appeal. The appeal letter must be submitted to the Contract Administrator or the HUD Director for review. HUD uses the information to determine whether to deny or allow Section 8 rent increases. DATES: Comments Due Date: December 14, 2005. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2502–0446) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–6974. FOR FURTHER INFORMATION CONTACT: Wayne Eddins, Reports Management Officer, AYO, Department of Housing and Urban Development, 451 Seventh This Notice Also Lists the Following Information Title of Proposal: Procedures for Appealing Section 8 Rent Adjustments. OMB Approval Number: 2502–0446. Form Numbers: None. Description of the Need for the Information and Its Proposed Use: When a rent increase for certain Section 8 subsidized projects is denied, in full or in part, owners may submit to HUD an appeal letter outlining the basis for the appeal. The appeal letter must be submitted to the Contract Administrator or the HUD Director for review HUD uses the information to determine whether to deny or allow Section 8 rent increases. Frequency of Submission: On occasion. Number of respondents Reporting burden ....................................................................................................... VerDate Aug<31>2005 17:16 Nov 10, 2005 Jkt 208001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 Annual responses 500 1 E:\FR\FM\14NON1.SGM 14NON1 × Hours per response 2 = Burden hours 1,000

Agencies

[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Pages 69160-69161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22500]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2003D-0554]


Revised Compliance Policy Guide Regarding Prior Notice of 
Imported Food Under the Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of a revised compliance policy guide (CPG) Sec. 110.310 
entitled ``Prior Notice of Imported Food Under the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002.'' The 
CPG provides written guidance to FDA's and Customs and Border 
Protection's (CBP's) staff on enforcement of section 307 of the Public 
Health Security and Bioterrorism Preparedness and Response Act of 2002 
(the Bioterrorism Act) and the agency's implementing regulations, which 
require prior notice for food imported or offered for import into the 
United States. The CPG has been revised to finalize the sections 
pertaining to routine shipments of food that are transshipped through 
the United States, arriving from and exiting to the same country, and 
regarding the Harmonized Tariff Schedule (HTS) code that is part of the 
planned shipment information.

DATES: The revised CPG is final upon the date of publication. However, 
you may submit written or electronic comments on the revised CPG at any 
time.

ADDRESSES: You may submit comments, identified by Docket No. 2003D-0544 
and/ Regulatory Information Number (RIN) number (if a RIN number has 
been assigned), by any of the following methods:
Electronic Submissions
    Submit electronic comments in the following ways:
     Agency Web site: https://www.fda.gov/dockets/ecomments. 
Follow the instructions for submitting comments on the agency Web site.
Written Submissions
    Submit written submissions in the following ways:
     FAX: 301-827-6870.
     Mail/Hand delivery/Courier [For paper, disk, or CD-ROM 
submissions]: Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    To ensure more timely processing of comments, FDA is no longer 
accepting comments submitted to the agency by e-mail. FDA encourages 
you to continue to submit electronic comments by using the Federal 
eRulemaking Portal or the agency Web site, as described in the 
Electronic Submissions portion of this paragraph.
    Instructions: All submissions received must include the agency name 
and Docket No(s). and RIN (if a RIN number has been assigned) for this 
rulemaking. All comments received may be posted without change to 
https://www.fda.gov/ohrms/dockets/default.htm, including any personal 
information provided. For additional information on submitting 
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.fda.gov/ohrms/dockets/default.htm 
and insert the docket number(s), found in brackets in the heading of 
this document, into the ``Search'' box and follow the prompts and/or go 
to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061, 
Rockville, MD 20852.
    Submit written requests for single copies of the revised guidance 
to the Division of Compliance Policy (HFC-230), Office of Enforcement, 
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. 
Send one self-addressed adhesive label to assist that office in 
processing your request or include a fax number to which the guidance 
may be sent.

FOR FURTHER INFORMATION CONTACT: Laura Draski, Office of Regulatory 
Affairs (HFC-180), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 866-521-2297.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 4, 2005 (70 FR 10657), FDA 
announced the availability of a draft revision to CPG Sec. 110.310 
entitled ``Prior Notice of Imported Food Under the Public Health 
Security and Bioterrorism Preparedness and Response Act of 2002.'' This 
revised guidance was issued with CBP concurrence and explains to FDA 
and CBP staff the new FDA and CBP policies on enforcement of section 
307 of the Bioterrorism Act and its implementing regulations, which 
require prior notice to FDA of all food imported or offered for import 
into the United States (21 CFR parts 1.276 through 1.285). The new 
policies provide additional flexibility in filing prior notice when, 
due to the geography, the only practical transportation route available 
for the shipment is through the United States and when there is a prior 
notice violation because the prior notice does not include the 6-digit 
HTS code for the article of food.
    FDA received 8 comments on the draft sections of the revised CPG. 
FDA reviewed and evaluated these comments and has modified the CPG with 
CBP concurrence, where appropriate.
    FDA is issuing this CPG as level 1 guidance consistent with FDA's 
good guidance practices regulation (21 CFR 10.115). The CPG represents 
the agency's current thinking on its enforcement policy concerning 
prior notice. It does not create or confer any rights for or on any 
person and does not operate to bind FDA or the public.

II. Comments

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

[[Page 69161]]

III. Electronic Access

    An electronic version of the revised CPG is available on the 
Internet at https://www.fda.gov/ora under ``Compliance References.''

    Dated: November 4, 2005.
Steve Niedelman,
Acting Associate Commissioner for Regulatory Affairs.
[FR Doc. 05-22500 Filed 11-10-05; 8:45 am]
BILLING CODE 4160-01-S
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