National Institute of Diabetes and Digestive and Kidney Diseases; Notice of Closed Meeting, 16601-16602 [2021-06470]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
located within the state that hold valid
permits are in compliance with CLIA
requirements.
Our branch location in New York has
conducted validation inspections of a
representative sample (approximately 5
percent) of the laboratories inspected by
the New York State Office of Laboratory
Quality Assurance (LQA). The
validation inspections were primarily of
the concurrent type; that is, our
surveyors accompanied New York
State’s inspectors, each inspecting
against his or her agency’s respective
regulations. Analysis of the validation
data revealed no significant differences
between the State and Federal findings.
The validation surveys verified that the
State of New York CLEP inspection
process covers all CLIA conditions
applicable to each laboratory being
inspected and also verified that the
CLEP requirements meet or exceed CLIA
condition-level requirements. Our
validation surveys found the State
inspectors highly skilled and qualified.
The LQA inspected laboratories in a
timely fashion; that is, all laboratories
were inspected within the required 24month cycle. All parameters monitored
by our branch location in New York, to
date, indicate that the State of New York
is meeting all requirements for approval
of CLIA exemption. This Federal
monitoring will continue as an ongoing
process.
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C. Conclusion
Based on review of the documents
submitted by the New York State
licensure program, CLEP, pursuant to
the requirements of subpart E of part
493, as well as the outcome of the
validation inspections conducted by our
branch location in New York, we find
that the State of New York’s licensure
program meets the requirements of
§ 493.551(a), and that, as a result, we
may exempt from CLIA program
requirements all State-licensed or
-approved laboratories.
Approval of the CLIA exemption for
laboratories located within and
permitted by the State of New York is
subject to removal if we determine that
the outcome of a comparability review
or a validation review inspection is not
acceptable, as described under
§§ 493.573 and 493.575, or if the State
of New York fails to pay the required fee
every 2 years as required under
§ 493.646(b).
D. Laboratory Data
In accordance with our regulations at
§ 493.557(b)(8), the approval of this
exemption for laboratories located
within and permitted by the State of
New York is conditioned on the State of
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New York’s continued compliance with
the assertions made in its application,
especially the provision of information
to us about changes to a laboratory’s
specialties or subspecialties based on
the State’s survey, and changes to a
laboratory’s certification status, such as
a change from a CLIA certificate of
compliance to a CLIA certificate of
waiver.
E. Required Administrative Actions
CLIA is a user-fee funded program.
The registration fee paid by laboratories
is intended to cover the cost of the
development and administration of the
program. However, when a state’s
application for exemption is approved,
we do not charge a fee to laboratories in
the state. The state’s share of the costs
associated with CLIA must be collected
from the state, as specified in
§ 493.645(a).
The State of New York must pay for
the following:
• Costs of Federal inspections of
laboratories in the State to verify that
New York State’s laboratory licensure
program requirements are equivalent to
or more stringent than those in the CLIA
program, and that they are enforced in
an appropriate manner. The average
Federal hourly rate is multiplied by the
total hours required to perform Federal
validation surveys within the State.
• Costs incurred for Federal surveys,
including investigations of complaints
that are substantiated. We will bill the
State of New York on a semiannual
basis.
• The State of New York’s
proportionate share of the costs
associated with establishing,
maintaining, and improving the CLIA
computer system, based on the portion
of those services from which the State
of New York received direct benefit or
which contributed to the CLIA program
in the State. Thus, the State of New
York is being charged for a portion of
our direct and indirect costs of
administering the CLIA program. Such
costs will be incurred by CMS, the
Centers for Disease Control and
Prevention (CDC), the Food and Drug
Administration (FDA) and contractors
working on behalf of these respective
agencies.
To estimate the State of New York’s
proportionate share of the general
overhead costs to develop and
implement CLIA, we determined the
ratio of laboratories in the State to the
total number of laboratories nationally.
Approximately 1.5 percent of the
registered laboratories are in the State of
New York. We determined that a
corresponding percentage of the
applicable CMS, CDC, FDA, and their
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16601
respective contractor costs should be
borne by the State of New York.
The State of New York has agreed to
pay the State’s pro rata share of the
anticipated overhead costs and costs of
actual validation (including complaint
investigation surveys). A final
reconciliation for all laboratories and all
expenses will be made. We will
reimburse the State for any overpayment
or bill it for any balance.
II. Approval
In light of the foregoing, we grant
approval of the State of New York’s
laboratory licensure program (CLEP)
under subpart E. All laboratories that
are located within the State of New York
and hold valid CLEP permits are CLIAexempt for all specialties and
subspecialties until March 26, 2027.
III. Collection of Information
Requirements
This document does not impose
information collection requirements,
that is, reporting, recordkeeping or
third-party disclosure requirements.
Consequently, there is no need for
review by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Acting Administrator of the
Centers for Medicare & Medicaid
Services (CMS), Elizabeth Richter,
having reviewed and approved this
document, authorizes Lynette Wilson,
who is the Federal Register Liaison, to
electronically sign this document for
purposes of publication in the Federal
Register.
Dated: March 25, 2021.
Lynette Wilson,
Federal Register Liaison, Centers for Medicare
& Medicaid Services.
[FR Doc. 2021–06499 Filed 3–26–21; 4:15 pm]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Diabetes and
Digestive and Kidney Diseases; Notice
of Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
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16602
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Diabetes and Digestive and Kidney Diseases
Special Emphasis Panel; New Investigator
Gateway Awards for Collaborative T1D
Research Special Emphasis Panel.
Date: April 6, 2021.
Time: 12:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institutes of Health, Two
Democracy Plaza, 6707 Democracy
Boulevard, Bethesda, MD 20892 (Video
Meeting).
Contact Person: Peter J. Kozel, Ph.D.,
Scientific Review Officer, Review Branch,
Division of Extramural Activities, NIDDK,
National Institutes of Health, Room 7009,
6707 Democracy Boulevard, Bethesda, MD
20892–5452, (301) 594–4721, kozelp@
mail.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.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.847, Diabetes,
Endocrinology and Metabolic Research;
93.848, Digestive Diseases and Nutrition
Research; 93.849, Kidney Diseases, Urology
and Hematology Research, National Institutes
of Health, HHS)
Miguelina Perez,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2021–06470 Filed 3–29–21; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Prospective Grant of Exclusive Patent
License: Chimeric Antigen Receptors
Targeting CD56
AGENCY:
National Institutes of Health,
HHS.
ACTION:
Notice.
The National Cancer Institute
(NCI), National Institutes of Health,
Department of Health and Human
Services, is contemplating the grant of
an exclusive, sublicensable patent
license to Memorial Sloan Kettering
Cancer Center, (‘‘MSKCC’’), a non-profit
research center located in New York, in
its rights to the inventions and patents
listed in the SUPPLEMENTARY
INFORMATION section of this notice.
DATES: Only written comments and/or
applications for a license which are
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SUMMARY:
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received by the NCI Technology
Transfer Center April 14, 2021 will be
considered.
Requests for copies of the
patent applications, inquiries, and
comments relating to the contemplated
exclusive patent license should be
directed to: Rose M. Freel, Ph.D., Senior
Licensing and Patenting Manager at
Telephone: (301) 624–8775 or Email:
rose.freel@nih.gov.
ADDRESSES:
The
following and all continuing U.S. and
foreign patents/patent applications
thereof are the intellectual properties to
be licensed under the prospective
agreement to MSKCC: U.S. Provisional
Patent Application No. 62/199,775, filed
July 31, 2015 entitled ‘‘Antigen-Binding
Proteins Targeting CD56 And Uses
Thereof,’’ (HHS Ref. No. E–142–2014–0–
US–01); PCT Application No. PCT/
US16/045027, filed August 2, 2016
entitled ‘‘Antigen-binding proteins
targeting CD56 and uses thereof’’ (HHS
Ref. No. E–142–2014–0–PCT–02); U.S.
Patent No. 10,730,941, granted on
August 4, 20201, corresponding to U.S.
Patent Application No. 15/884,608, filed
January 31, 2018, entitled ‘‘Antigenbinding proteins targeting CD56 and
uses thereof’’ (HHS Ref. No. E–142–
2014–0–US–03); Canadian Patent
Application No. 2994412, filed January
31, 2018, entitled ‘‘Antigen-binding
proteins targeting CD56 and uses
thereof’’ (HHS Ref. No. E–142–2014–0–
CA–04); Australian Patent Application
No. 16833684.0, filed January 31, 2018,
entitled ‘‘Antigen-binding proteins
targeting CD56 and uses thereof’’ (HHS
Ref. No. E–142–2014–0–AU–05); U.S.
Patent Application No. 16/912,291, filed
June 25, 2020, entitled ‘‘Methods of
treatments using antigen-binding
proteins targeting CD56’’ (HHS Ref. No.
E–142–2014–0–US–06).
The patent rights in these inventions
have been assigned to the Government
of the United States of America and
Memorial Sloan Kettering Cancer
Center. The prospective patent license
will be for the purpose of consolidating
the patent rights to MSKCC, one of the
co-owners of said rights, for commercial
development and marketing.
Consolidation of these co-owned rights
is intended to expedite development of
the invention, consistent with the goals
of the Bayh-Dole Act codified as 35
U.S.C. 200–212.
The prospective patent license will be
worldwide, exclusive, and may be
limited to those fields of use
commensurate in scope with the patent
rights. It will be sublicensable, and any
sublicenses granted by MSKCC will be
SUPPLEMENTARY INFORMATION:
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subject to the provisions of 37 CFR part
401 and 404.
The invention pertains to novel
antibody binders and chimeric antigen
receptors (CARs) that target CD56 or
NCAM, a glycoprotein that is highly
expressed in a variety of cancerous
cells. Based on current available data,
the intended use for the invention is
anti-CD56 CARs for the treatment of
CD56 positive cancers such as multiple
myeloma.
This notice is made pursuant to 35
U.S.C. 209 and 37 CFR part 404. The
prospective exclusive patent license
will include terms for the sharing of
royalty income with NCI from
commercial sublicenses of the patent
rights and may be granted unless within
fifteen (15) days from the date of this
published notice the NCI receives
written evidence and argument that
establishes that the grant of the license
would not be consistent with the
requirements of 35 U.S.C. 209 and 37
CFR part 404.
Complete applications for a license
that are timely filed in response to this
notice will be treated as objections to
the grant of the contemplated exclusive
patent license. In response to this
Notice, the public may file comments or
objections. Comments and objections,
other than those in the form of a license
application, will not be treated
confidentially, and may be made
publicly available.
License applications submitted in
response to this Notice will be
presumed to contain business
confidential information and any release
of information from these license
applications will be made only as
required and upon a request under the
Freedom of Information Act, 5 U.S.C
§ 552.
Dated; March 10, 2021.
Richard U. Rodriguez,
Associate Director, Technology Transfer
Center, National Cancer Institute.
[FR Doc. 2021–06474 Filed 3–29–21; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Government-Owned Inventions;
Availability for Licensing
AGENCY:
National Institutes of Health,
HHS.
ACTION:
Notice.
The invention listed below is
owned by an agency of the U.S.
Government and is available for
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16601-16602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06470]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute of Diabetes and Digestive and Kidney Diseases;
Notice of Closed Meeting
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended, notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose
[[Page 16602]]
confidential trade secrets or commercial property such as patentable
material, and personal information concerning individuals associated
with the grant applications, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.
Name of Committee: National Institute of Diabetes and Digestive
and Kidney Diseases Special Emphasis Panel; New Investigator Gateway
Awards for Collaborative T1D Research Special Emphasis Panel.
Date: April 6, 2021.
Time: 12:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant applications.
Place: National Institutes of Health, Two Democracy Plaza, 6707
Democracy Boulevard, Bethesda, MD 20892 (Video Meeting).
Contact Person: Peter J. Kozel, Ph.D., Scientific Review
Officer, Review Branch, Division of Extramural Activities, NIDDK,
National Institutes of Health, Room 7009, 6707 Democracy Boulevard,
Bethesda, MD 20892-5452, (301) 594-4721, [email protected].
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.
(Catalogue of Federal Domestic Assistance Program Nos. 93.847,
Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive
Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology
and Hematology Research, National Institutes of Health, HHS)
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-06470 Filed 3-29-21; 8:45 am]
BILLING CODE 4140-01-P