Agency Information Collection Activities; Proposed Collection; Comment Request; Gluten-Free Labeling of Food Products Experimental Study, 9822-9823 [E9-4766]

Download as PDF 9822 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices FDA received no submissions under § 660.36, however FDA is using the estimate of one protocol submission in the event one is submitted in the future. The estimated total annual responses are based on FDA’s final actions completed in FY 2008, which totaled 6,314, for the various submission requirements of samples and protocols for the licensed biological products. The rate of final actions is not expected to change significantly in the next few years. The hours per response are based on information provided by industry. The burden estimates provided by industry ranged from 1 to 5.5 hours. Under § 610.2, the hours per response are based on the average of these estimates and rounded to 3 hours. Under the remaining regulations, the hours per response are based on the higher end of the estimate (rounded to 5 or 6 hours) since more information is generally required to be submitted in the other protocols than under § 610.2. FDA estimates the burden of this information collection as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 No. of Respondents 21 CFR Section 610.2 Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 65 95.5 6,208 3 18,624 660.6(b) 2 44 88 5 440 660.36(a)(2) and (b) 1 1 1 6 6 660.46(b) 1 17 17 5 85 Total 69 1 There DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–N–0083] Agency Information Collection Activities; Proposed Collection; Comment Request; Gluten-Free Labeling of Food Products Experimental Study Food and Drug Administration, HHS. mstockstill on PROD1PC66 with NOTICES 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 and to allow 60 days for public comment in response to the notice. This notice solicits comments on a voluntary consumer study entitled ‘‘Gluten-Free Labeling of Food Products Experimental Study.’’ DATES: Submit written or electronic comments on the collection of information by May 5, 2009. VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 Submit electronic comments on the collection of information to https:// www.regulations.gov. 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 Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3794. 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 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 ADDRESSES: BILLING CODE 4160–01–S ACTION: 19,155 are no capital costs or operating and maintenance costs associated with this collection of information. Dated: February 24, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–4750 Filed 3–5–09; 8:45 am] AGENCY: 6,314 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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. Gluten-Free Labeling of Food Products Experimental Study Under section 903(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 393(b)(2)), FDA is authorized to conduct research relating to foods and to conduct educational and public information programs relating to the safety of the nation’s food supply. FDA is planning to conduct an experimental study about gluten-free labeling of food products. The Gluten-Free Labeling of Food Products Experimental Study will collect information from both consumers who have celiac disease or gluten intolerance and those who do not have either condition. The purpose of the study is to gauge perceptions of characteristics related to claims of ‘‘gluten-free’’ and allowed variants (e.g., ‘‘free of gluten,’’ ‘‘without gluten,’’ ‘‘no gluten’’), in addition to other types of statements (e.g., ‘‘made in a gluten-free facility’’ or ‘‘not made in a facility that processes gluten-containing foods’’) on the food label. The study will also E:\FR\FM\06MRN1.SGM 06MRN1 9823 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices assess consumer understanding of ‘‘gluten-free’’ claims on foods that are naturally free of gluten, and gauge consumer reaction to a product carrying a gluten claim concurrently with a statement about the amount of gluten the product contains. The data will be collected over the Internet from samples derived from two sources: (1) A membership list from a celiac disease special interest organization and (2) an online consumer panel. Participation in the study is voluntary. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 No. of Respondents Questionnaire Screener Annual Frequency per Response Total Annual Responses Hours per Response 6,000 1 6,000 0.0055 33 140 1 140 .167 23.38 5,000 1 5,000 .167 835 Pretest Experiment Total 891.38 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Approximately 6,000 respondents will be screened. We estimate that it will take a respondent 20 seconds (0.0055 hours) to complete the screening questions, for a total of 33 hours. A pretest will be conducted with 140 participants; we estimate that it will take a respondent 10 minutes (0.167 hours) to complete the pretest, for a total of 23.38 hours. Five thousand adults will complete the experiment. We estimate that it will take a respondent 10 minutes (0.167 hours) to complete the entire experiment, for a total of 835 hours. Thus, the total estimated burden is 891.38 hours. FDA’s burden estimate is based on prior experience with consumer experiments that are similar to this proposed experiment. Dated: February 23, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–4766 Filed 3–5–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2008–E–0105] Determination of Regulatory Review Period for Purposes of Patent Extension; ARRANON AGENCY: Food and Drug Administration, HHS. mstockstill on PROD1PC66 with NOTICES ACTION: Total Hours Notice. SUMMARY: The Food and Drug Administration (FDA) has determined the regulatory review period for ARRANON and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 application to the Director of Patents and Trademarks, Department of Commerce, for the extension of a patent which claims that human drug product. ADDRESSES: Submit written comments and petitions 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.regulations.gov. FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 6222, Silver Spring, MD 20993– 0002, 301–796–3602. SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98– 417) and the Generic Animal Drug and Patent Term Restoration Act (Public Law 100–670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product’s regulatory review period forms the basis for determining the amount of extension an applicant may receive. A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the human drug product becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 portion of a regulatory review period may count toward the actual amount of extension that the Director of Patents and Trademarks may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA’s determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B). FDA recently approved for marketing the human drug product ARRANON (nelarabine). ARRANON is indicated for the treatment of patients with T-cell acute lymphoblastic leukemia and Tcell lymphoblastic lymphoma whose disease has not responded to or has relapsed following treatment with at least two chemotherapy regimens. Subsequent to this approval, the Patent and Trademark Office received a patent term restoration application for ARRANON (U.S. Patent No. 5,424,295) from,SmithKline Beecham Corp. (DBA GlaxoSmithKline), and the Patent and Trademark Office requested FDA’s assistance in determining this patent’s eligibility for patent term restoration. In a letter dated April 28, 2008, FDA advised the Patent and Trademark Office that this human drug product had undergone a regulatory review period and that the approval of ARRANON represented the first permitted commercial marketing or use of the product. Shortly thereafter, the Patent and Trademark Office requested that FDA determine the product’s regulatory review period. FDA has determined that the applicable regulatory review period for ARRANON is 4,163 days. Of this time, 3,980 days occurred during the testing phase of the regulatory review period, while 183 days occurred during the E:\FR\FM\06MRN1.SGM 06MRN1

Agencies

[Federal Register Volume 74, Number 43 (Friday, March 6, 2009)]
[Notices]
[Pages 9822-9823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4766]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0083]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Gluten-Free Labeling of Food Products Experimental 
Study

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 and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on a voluntary consumer study entitled 
``Gluten-Free Labeling of Food Products Experimental Study.''

DATES: Submit written or electronic comments on the collection of 
information by May 5, 2009.

ADDRESSES: Submit electronic comments on the collection of information 
to https://www.regulations.gov. 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 Information 
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-796-3794.

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 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.

Gluten-Free Labeling of Food Products Experimental Study

    Under section 903(b)(2) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 393(b)(2)), FDA is authorized to conduct research relating 
to foods and to conduct educational and public information programs 
relating to the safety of the nation's food supply. FDA is planning to 
conduct an experimental study about gluten-free labeling of food 
products. The Gluten-Free Labeling of Food Products Experimental Study 
will collect information from both consumers who have celiac disease or 
gluten intolerance and those who do not have either condition. The 
purpose of the study is to gauge perceptions of characteristics related 
to claims of ``gluten-free'' and allowed variants (e.g., ``free of 
gluten,'' ``without gluten,'' ``no gluten''), in addition to other 
types of statements (e.g., ``made in a gluten-free facility'' or ``not 
made in a facility that processes gluten-containing foods'') on the 
food label. The study will also

[[Page 9823]]

assess consumer understanding of ``gluten-free'' claims on foods that 
are naturally free of gluten, and gauge consumer reaction to a product 
carrying a gluten claim concurrently with a statement about the amount 
of gluten the product contains.
    The data will be collected over the Internet from samples derived 
from two sources: (1) A membership list from a celiac disease special 
interest organization and (2) an online consumer panel. Participation 
in the study is voluntary.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
 Questionnaire     Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Screener                    6,000                     1              6,000             0.0055                 33
----------------------------------------------------------------------------------------------------------------
Pretest                       140                     1                140               .167              23.38
----------------------------------------------------------------------------------------------------------------
Experiment                  5,000                     1              5,000               .167                835
----------------------------------------------------------------------------------------------------------------
Total           .................  ....................  .................  .................             891.38
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Approximately 6,000 respondents will be screened. We estimate that 
it will take a respondent 20 seconds (0.0055 hours) to complete the 
screening questions, for a total of 33 hours. A pretest will be 
conducted with 140 participants; we estimate that it will take a 
respondent 10 minutes (0.167 hours) to complete the pretest, for a 
total of 23.38 hours. Five thousand adults will complete the 
experiment. We estimate that it will take a respondent 10 minutes 
(0.167 hours) to complete the entire experiment, for a total of 835 
hours. Thus, the total estimated burden is 891.38 hours. FDA's burden 
estimate is based on prior experience with consumer experiments that 
are similar to this proposed experiment.

    Dated: February 23, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-4766 Filed 3-5-09; 8:45 am]
BILLING CODE 4160-01-S
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