Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body, 55516-55517 [E8-22636]

Download as PDF 55516 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices ESTIMATED ANNUALIZED BURDEN HOURS Respondents No. of respondents No. of responses per respondent Average burden per response (in hours) Total burden (in hours) State Medicaid Programs ................................................................................ 51 1 0.5 26 ........................ ........................ ........................ 26 Total .......................................................................................................... Dated: September 16, 2008. Maryam I. Daneshvar, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E8–22594 Filed 9–24–08; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Community Services Office of Community Services, ACF, DHHS. ACTION: Notice To Award a Program Expansion Supplement to the National Association for State Community Services Program (NASCSP) in Washington, DC. mstockstill on PROD1PC66 with NOTICES AGENCY: CFDA#: 53.570. Legislative Authority: Section 678A(a)(1)(A) of the Community Services Block Grant (CSBG) Act of 1981, (Pub. L. 97–35) as amended by the Community Opportunities, Accountability, and Training and Educational Services (COATES) Human Services Reauthorization Act of 1998, (Pub. L. 105–285) authorizes the Secretary of Health and Human Services (HHS) to use a percentage of appropriated funds for training, technical assistance, planning, evaluation, performance measurement, monitoring, assistance for States in carrying out corrective actions and the correction of programmatic deficiencies of eligible entities under the CSBG Act. Amount of Award: $125,000. Project Period: 9/30/2007–9/29/2010. Summary: The purpose of this supplemental request is for the NASCSP to further improve the general capacity and technical competency of states to administer the Community Services Block Grant (CSBG). Targeted assistance will be provided to states for improvement in the areas of state plan development and Results Oriented Management and Accountability (ROMA) focused monitoring. Emerging training and technical assistance needs VerDate Aug<31>2005 17:50 Sep 24, 2008 Jkt 214001 for states and local agencies receiving CSBG funds will also be assessed and a plan will be developed for strategic assistance in the areas identified. Additionally, this supplemental aims to enhance the capacity of the Office of Community Services (OCS) to continue to convene its Monitoring Task Force (MTF) and provide updates on its comprehensive response to the Government Accountability Office’s report on the CSBG program. Specific emphasis will be placed on monitoring states for compliance while encouraging excellence Contact for Further Information: Josephine B. Robinson, Director, Office of Community Services, 370 L’Enfant Promenade, SW., Washington, DC 20047, Telephone: 202/401–9333. Dated: September 16, 2008. Josephine B. Robinson, Director, OCS. [FR Doc. E8–22476 Filed 9–24–08; 8:45 am] BILLING CODE 4184–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2008–N–0272] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body 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 October 27, 2008. ADDRESSES: To ensure that comments on the information collection are received, PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–6974, or e-mailed to baguilar@omb.eop.gov. All comments should be identified with the OMB control number 0910–0374. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3794. 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. Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body—(OMB Control Number 0910– 0374—Extension) Section 403(r)(2)(G) and (r)(3)(C) of the Federal Food, Drug and Cosmetic Act (the act) (21 U.S.C. 343(r)(2)(G) and (r)(3)(C)), as amended by the FDA Modernization Act of 1997, provides that any person may market a food product whose label bears a nutrient content claim or a health claim that is based on an authoritative statement of a scientific body of the U.S. Government or the National Academy of Sciences (NAS). Under this section of the act, a person that intends to use such a claim must submit a notification of its intention to use the claim 120 days before it begins marketing the product bearing the claim. In the Federal Register of June 11, 1998 (63 FR 32102), FDA announced the availability of a guidance entitled ‘‘Guidance for Industry: Notification of a Health Claim or Nutrient Content Claim Based on an Authoritative Statement of a Scientific Body.’’ The guidance provides the agency’s interpretation of terms central to the submission of a notification and the agency’s views on the information that should be included in the notification. The agency believes that the guidance will enable persons to E:\FR\FM\25SEN1.SGM 25SEN1 55517 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Notices meet the criteria for notifications that are established in section 403(r)(2)(G) and (r)(3)(C) of the act. In addition to the information specifically required by the act to be in such notifications, the guidance states that the notifications should also contain information on analytical methodology for the nutrient that is the subject of a claim based on an authoritative statement. FDA intends to review the notifications the agency receives to ensure that they comply with the criteria established by the act. In the Federal Register of May 7, 2008 (73 FR 25749), FDA published a 60-day notice requesting public comment on the information collection provisions. FDA received one letter of comment that was not related to the information collection. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 Section of the Act/Basis of Burden No. of Respondents Annual Frequency per Response Total Annual Responses Hours Per Response Total Hours 403(r)(2)(G) (nutrient content claims) 1 1 1 250 250 403(r)(2)(C) (health claims) 2 1 2 450 900 Guidance for notifications 3 1 3 1 3 Total mstockstill on PROD1PC66 with NOTICES 1 There 1,153 are no capital costs or operating and maintenance costs associated with this collection of information. These estimates are based on FDA’s experience with health claims, nutrient content claims, and other similar notification procedures that fall under the agency’s jurisdiction. FDA estimates that it will receive one nutrient content claim notification and two health claim notifications per year. Section 403(r)(2)(G) and 403(r)(3)(C) of the act requires that the notification include the exact words of the claim, a copy of the authoritative statement, a concise description of the basis upon which such person relied for determining that this is an authoritative statement as outlined in the act, and a balanced representation of the scientific literature relating to the relationship between a nutrient and a disease or health-related condition to which a health claim refers or to the nutrient level to which the nutrient content claim refers. This balanced representation of the scientific literature is expected to include a bibliography of the scientific literature on the topic of the claim and a brief, balanced account or analysis of how this literature either supports or fails to support the authoritative statement. Since the claims are based on authoritative statements of a scientific body of the Federal Government or NAS, FDA believes that the information that is required by the act to be submitted with a notification will be readily available to a respondent. However, the respondent will have to collect and assemble that information. Based on communications with firms that have submitted notifications, FDA estimates that it will take a respondent 250 hours to collect and assemble the information required by the statute for nutrient content claim notifications and 450 hours to collect and assemble the VerDate Aug<31>2005 17:50 Sep 24, 2008 Jkt 214001 information required by the statute for health claim notifications. Under the guidance, notifications should also contain information on analytical methodology for the nutrient that is the subject of a claim based on an authoritative statement. The guidance applies to both nutrient content claim and health claim notifications. FDA has determined that this information should be readily available to a respondent and, thus, the agency estimates that it will take a respondent 1 hour to incorporate the information into the notification. Dated: September 17, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–22636 Filed 9–25–08; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings. The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(cX4) and 552b(cX6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the giant PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: Center for Scientific Review Special Emphasis Panel; Integrative Signaling. Date: October 9, 2008. Time: 1:30 p.m. to 3:30 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Contact Person: Russell T. Dowell, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4128, MSC 7814, Bethesda, MD 20892, (301) 435– 1850, dowellr@csr.nih.gov. This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. Name of Committee: Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Musculoskeletal Tissue Engineering Study Section. Date: October 13–14, 2008. Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant applications. Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. Contact Person: Jean D. Sipe, PhD, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4106, MSC 7814, Bethesda, MD 20892, 301/435– 1743, sipej@csr.nih.gov. This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. Name of Committee: Musculoskeletal, Oral and Skin Sciences Integrated Review Group; Skeletal Biology Development and Disease Study Section. Date: October 13–14, 2008. Time: 8 a.m. to 5 p.m. E:\FR\FM\25SEN1.SGM 25SEN1

Agencies

[Federal Register Volume 73, Number 187 (Thursday, September 25, 2008)]
[Notices]
[Pages 55516-55517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22636]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0272]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Notification of a 
Health Claim or Nutrient Content Claim Based on an Authoritative 
Statement of a Scientific Body

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 October 
27, 2008.

ADDRESSES: 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: FDA Desk Officer, 
FAX: 202-395-6974, or e-mailed to baguilar@omb.eop.gov. All comments 
should be identified with the OMB control number 0910-0374. Also 
include the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information 
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-796-3794.

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.

Notification of a Health Claim or Nutrient Content Claim Based on an 
Authoritative Statement of a Scientific Body--(OMB Control Number 0910-
0374--Extension)

    Section 403(r)(2)(G) and (r)(3)(C) of the Federal Food, Drug and 
Cosmetic Act (the act) (21 U.S.C. 343(r)(2)(G) and (r)(3)(C)), as 
amended by the FDA Modernization Act of 1997, provides that any person 
may market a food product whose label bears a nutrient content claim or 
a health claim that is based on an authoritative statement of a 
scientific body of the U.S. Government or the National Academy of 
Sciences (NAS). Under this section of the act, a person that intends to 
use such a claim must submit a notification of its intention to use the 
claim 120 days before it begins marketing the product bearing the 
claim. In the Federal Register of June 11, 1998 (63 FR 32102), FDA 
announced the availability of a guidance entitled ``Guidance for 
Industry: Notification of a Health Claim or Nutrient Content Claim 
Based on an Authoritative Statement of a Scientific Body.'' The 
guidance provides the agency's interpretation of terms central to the 
submission of a notification and the agency's views on the information 
that should be included in the notification. The agency believes that 
the guidance will enable persons to

[[Page 55517]]

meet the criteria for notifications that are established in section 
403(r)(2)(G) and (r)(3)(C) of the act. In addition to the information 
specifically required by the act to be in such notifications, the 
guidance states that the notifications should also contain information 
on analytical methodology for the nutrient that is the subject of a 
claim based on an authoritative statement. FDA intends to review the 
notifications the agency receives to ensure that they comply with the 
criteria established by the act.
    In the Federal Register of May 7, 2008 (73 FR 25749), FDA published 
a 60-day notice requesting public comment on the information collection 
provisions. FDA received one letter of comment that was not related to 
the information collection.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
 Section of the Act/Basis of       No. of       Annual Frequency   Total Annual      Hours Per
            Burden               Respondents      per Response       Responses       Response       Total Hours
----------------------------------------------------------------------------------------------------------------
403(r)(2)(G) (nutrient                      1                  1               1             250             250
 content claims)
----------------------------------------------------------------------------------------------------------------
403(r)(2)(C) (health claims)                2                  1               2             450             900
----------------------------------------------------------------------------------------------------------------
Guidance for notifications                  3                  1               3               1               3
----------------------------------------------------------------------------------------------------------------
Total                                                                                                      1,153
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    These estimates are based on FDA's experience with health claims, 
nutrient content claims, and other similar notification procedures that 
fall under the agency's jurisdiction. FDA estimates that it will 
receive one nutrient content claim notification and two health claim 
notifications per year.
    Section 403(r)(2)(G) and 403(r)(3)(C) of the act requires that the 
notification include the exact words of the claim, a copy of the 
authoritative statement, a concise description of the basis upon which 
such person relied for determining that this is an authoritative 
statement as outlined in the act, and a balanced representation of the 
scientific literature relating to the relationship between a nutrient 
and a disease or health-related condition to which a health claim 
refers or to the nutrient level to which the nutrient content claim 
refers. This balanced representation of the scientific literature is 
expected to include a bibliography of the scientific literature on the 
topic of the claim and a brief, balanced account or analysis of how 
this literature either supports or fails to support the authoritative 
statement.
    Since the claims are based on authoritative statements of a 
scientific body of the Federal Government or NAS, FDA believes that the 
information that is required by the act to be submitted with a 
notification will be readily available to a respondent. However, the 
respondent will have to collect and assemble that information. Based on 
communications with firms that have submitted notifications, FDA 
estimates that it will take a respondent 250 hours to collect and 
assemble the information required by the statute for nutrient content 
claim notifications and 450 hours to collect and assemble the 
information required by the statute for health claim notifications.
    Under the guidance, notifications should also contain information 
on analytical methodology for the nutrient that is the subject of a 
claim based on an authoritative statement. The guidance applies to both 
nutrient content claim and health claim notifications. FDA has 
determined that this information should be readily available to a 
respondent and, thus, the agency estimates that it will take a 
respondent 1 hour to incorporate the information into the notification.

    Dated: September 17, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-22636 Filed 9-25-08; 8:45 am]
BILLING CODE 4160-01-S
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