Medical Device Regulations; Disqualification of a Clinical Investigator; Technical Amendment, 76902 [E6-21952]

Download as PDF 76902 Federal Register / Vol. 71, No. 246 / Friday, December 22, 2006 / Rules and Regulations (2) No. 058005 for use of 5 mg/mL solution in swine as in paragraph (d)(4) of this section. (3) No. 000010 for use of 50 mg/mL solution in dogs as in paragraph (d)(5) of this section. (4) No. 059130 for use of 100 mg/mL solution in turkeys as in paragraph (d)(2) and in chickens as in paragraph (d)(3) of this section. * * * * * Dated: December 13, 2006. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E6–21951 Filed 12–21–06; 8:45 am] BILLING CODE 4160–01–S List of Subjects in 21 CFR Part 812 Health records, Medical devices, Medical research, Reporting and recordkeeping requirements. I Therefore, under the Federal Food, Drug, and Cosmetic Act, and Public Health Service Act, and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 812 is amended as follows: DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 812 [Docket No. 2006N–0494] Medical Device Regulations; Disqualification of a Clinical Investigator; Technical Amendment AGENCY: has regulatory responsibility for the medical device subject to this regulation is responsible for corresponding with the investigator of the study concerning any possible violations of the applicable requirements. Therefore, FDA is updating this regulation to include the references to CBER and CDER. Publication of this document constitutes final action under the Administrative Procedure Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because this amendment to the regulations provides only a technical change to update references in the Code of Federal Regulations, and is nonsubstantive. Food and Drug Administration, HHS. PART 812—INVESTIGATIONAL DEVICE EXEMPTIONS Final rule; technical amendment. I SUMMARY: The Food and Drug Administration (FDA) is amending a medical device regulation to include references to the Center for Biologics Evaluation and Research (CBER) and the Center for Drug Evaluation and Research (CDER). This regulation pertains to the disqualification of a clinical investigator. Currently, only a reference to the Center for Devices and Radiological Health is listed in this regulation. This action is being taken to ensure the accuracy of FDA’s regulations. DATES: This rule is effective December 22, 2006. FOR FURTHER INFORMATION CONTACT: Stephen M. Ripley, Center for Biologics Evaluation and Research (HFM–17), Food and Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852–1448, 301–827–6210. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with RULES ACTION: Authority: 21 U.S.C. 331, 351, 352, 353, 355, 360, 360c–360f, 360h–360j, 371, 372, 374, 379e, 381, 382, 383; 42 U.S.C. 216, 241, 262, 263b–263n. 1. The authority citation for 21 CFR part 812 continues to read as follows: I. Background FDA is amending 21 CFR 812.119(a) to include references to CBER and CDER. This regulation pertains to the disqualification of a clinical investigator. Currently, only a reference to the Center for Devices and Radiological Health is listed in this regulation. The appropriate Center that VerDate Aug<31>2005 17:32 Dec 21, 2006 Jkt 211001 2. Section 812.119 is amended by revising paragraph (a) to read as follows: I § 812.119 Disqualification of a clinical investigator. (a) If FDA has information indicating that an investigator has repeatedly or deliberately failed to comply with the requirements of this part, part 50, or part 56 of this chapter, or has repeatedly or deliberately submitted false information either to the sponsor of the investigation or in any required report, the Center for Devices and Radiological Health, the Center for Biologics Evaluation and Research, or the Center for Drug Evaluation and Research will furnish the investigator written notice of the matter under complaint and offer the investigator an opportunity to explain the matter in writing, or, at the option of the investigator, in an informal conference. If an explanation is offered and accepted by the applicable Center, the disqualification process will be terminated. If an explanation is offered but not accepted by the Center, the investigator will be given an opportunity for a regulatory hearing under part 16 of this chapter on the PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 question of whether the investigator is entitled to receive investigational devices. * * * * * Dated: December 12, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E6–21952 Filed 12–21–06; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9278] RIN 1545–BB31, 1545–AY38, 1545–BC52 Treatment of Services Under Section 482; Allocation of Income and Deductions From Intangibles; Stewardship Expense; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. AGENCY: SUMMARY: This document contains corrections to final and temporary regulations (TD 9278) that was published in the Federal Register on Friday, August 4, 2006 (71 FR 44466) regarding the treatment of controlled services transactions under section 482 and the allocation of income from intangibles, in particular with respect to contributions by a controlled party to the value of an intangible owned by another controlled party. This document also contains corrections to final and temporary regulations that modify the regulations under section 861 concerning stewardship expenses to be consistent with the changes made to the regulations under section 482. DATES: Effective Date: The amendments are effective on January 1, 2007. FOR FURTHER INFORMATION CONTACT: Thomas A. Vidano, (202) 435–5265, or Carol B. Tan (202) 435–5159, for matters relating to section 482, and David F. Bergkuist, (202) 622–3850, for matters relating to stewardship expenses (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background The final and temporary regulations that are the subject of these corrections are under sections 482 and 861 of the Internal Revenue Code. Need for Correction As published, the final and temporary regulations (TD 9278) contains errors that may prove to be misleading and are in need of clarification. E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 71, Number 246 (Friday, December 22, 2006)]
[Rules and Regulations]
[Page 76902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21952]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 812

[Docket No. 2006N-0494]


Medical Device Regulations; Disqualification of a Clinical 
Investigator; Technical Amendment

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending a medical 
device regulation to include references to the Center for Biologics 
Evaluation and Research (CBER) and the Center for Drug Evaluation and 
Research (CDER). This regulation pertains to the disqualification of a 
clinical investigator. Currently, only a reference to the Center for 
Devices and Radiological Health is listed in this regulation. This 
action is being taken to ensure the accuracy of FDA's regulations.

DATES: This rule is effective December 22, 2006.

FOR FURTHER INFORMATION CONTACT: Stephen M. Ripley, Center for 
Biologics Evaluation and Research (HFM-17), Food and Drug 
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448, 301-827-6210.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is amending 21 CFR 812.119(a) to include references to CBER and 
CDER. This regulation pertains to the disqualification of a clinical 
investigator. Currently, only a reference to the Center for Devices and 
Radiological Health is listed in this regulation. The appropriate 
Center that has regulatory responsibility for the medical device 
subject to this regulation is responsible for corresponding with the 
investigator of the study concerning any possible violations of the 
applicable requirements. Therefore, FDA is updating this regulation to 
include the references to CBER and CDER.
    Publication of this document constitutes final action under the 
Administrative Procedure Act (5 U.S.C. 553). FDA has determined that 
notice and public comment are unnecessary because this amendment to the 
regulations provides only a technical change to update references in 
the Code of Federal Regulations, and is nonsubstantive.

List of Subjects in 21 CFR Part 812

    Health records, Medical devices, Medical research, Reporting and 
recordkeeping requirements.

0
Therefore, under the Federal Food, Drug, and Cosmetic Act, and Public 
Health Service Act, and under authority delegated to the Commissioner 
of Food and Drugs, 21 CFR part 812 is amended as follows:

PART 812--INVESTIGATIONAL DEVICE EXEMPTIONS

0
1. The authority citation for 21 CFR part 812 continues to read as 
follows:

    Authority: 21 U.S.C. 331, 351, 352, 353, 355, 360, 360c-360f, 
360h-360j, 371, 372, 374, 379e, 381, 382, 383; 42 U.S.C. 216, 241, 
262, 263b-263n.

0
2. Section 812.119 is amended by revising paragraph (a) to read as 
follows:


Sec.  812.119  Disqualification of a clinical investigator.

    (a) If FDA has information indicating that an investigator has 
repeatedly or deliberately failed to comply with the requirements of 
this part, part 50, or part 56 of this chapter, or has repeatedly or 
deliberately submitted false information either to the sponsor of the 
investigation or in any required report, the Center for Devices and 
Radiological Health, the Center for Biologics Evaluation and Research, 
or the Center for Drug Evaluation and Research will furnish the 
investigator written notice of the matter under complaint and offer the 
investigator an opportunity to explain the matter in writing, or, at 
the option of the investigator, in an informal conference. If an 
explanation is offered and accepted by the applicable Center, the 
disqualification process will be terminated. If an explanation is 
offered but not accepted by the Center, the investigator will be given 
an opportunity for a regulatory hearing under part 16 of this chapter 
on the question of whether the investigator is entitled to receive 
investigational devices.
* * * * *

    Dated: December 12, 2006.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E6-21952 Filed 12-21-06; 8:45 am]
BILLING CODE 4160-01-S
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