Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Reporting and Recordkeeping Requirements for Human Food and Cosmetics Manufactured From, Processed With, or Otherwise Containing, Material From Cattle, 20979-20980 [2024-06395]
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
Rockville, MD 20852 between 9 a.m.
and 4 p.m., Monday through Friday,
240–402–7500. Publicly available
submissions may be seen in the docket.
FOR FURTHER INFORMATION CONTACT:
Jaime Espinosa, Division of Compliance
and Enforcement, Office of Policy,
Compliance, and Enforcement, Office of
Regulatory Affairs, Food and Drug
Administration, at 240–402–8743, or
debarments@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Section 306(b)(1)(D) of the FD&C Act
permits debarment of an individual
from importing or offering for import
any drug into the United States if FDA
finds, as required by section 306(b)(3)(C)
of the FD&C Act, that the individual has
been convicted of a felony for conduct
relating to the importation into the
United States of any drug or controlled
substance.
On March 2, 2023, Mr. Leonowens
was convicted, as defined in section
306(l)(1) of FD&C Act, in the U.S.
District Court for the Western District of
Michigan, when the court entered
judgment against him for the offense of
conspiracy to smuggle goods into the
United States in violation of 18 U.S.C.
371 and 545. FDA’s finding that
debarment is appropriate is based on the
felony conviction referenced herein.
The factual basis for this conviction is
as follows: As contained in the
Information and Plea Agreement from
Mr. Leonowens’ case, filed on April 27,
2022, and April 28, 2022, respectively,
Brendon Gagne owned and operated
www.ExpressPCT.com, which sold
misbranded prescription drugs,
obtained from overseas suppliers, to
customers in the United States without
requiring a prescription. In exchange for
obtaining Modafinil for himself, Mr.
Leonowens conspired with Brendon
Gagne and agreed to receive, repackage,
and reship prescription drugs that Mr.
Leonowens would receive from coconspirators outside of the United States
that were purchased by customers on
the website www.ExpressPCT.com. Mr.
Leonowens received approximately four
packages containing bulk quantities of
prescription drugs which were all
shipped from overseas, including from
Germany, India, and Singapore. Each
time Mr. Leonowens received a package,
he removed some Modafinil for himself
and then sent the rest of the drugs to
others. In his plea agreement, Mr.
Leonowens acknowledged that he knew
that receiving and reshipping
prescription drugs in this manner was
illegal. Mr. Leonowens also recruited
others to join in the scheme by also
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receiving and reshipping misbranded
prescription drugs from overseas
suppliers. In exchange for his
participation in the scheme, Mr.
Leonowens received free or discounted
prescription drugs.
As a result of this conviction, FDA
sent Mr. Leonowens, by United Parcel
Service, on November 30, 2023, a notice
proposing to debar him for a 5-year
period from importing or offering for
import any drug into the United States.
The proposal was based on a finding
under section 306(b)(3)(C) of the FD&C
Act that Mr. Leonowens’ felony
conviction under Federal law for
conspiracy to smuggle goods into the
United States in violation of 18 U.S.C.
371 and 545, was for conduct relating to
the importation into the United States of
any drug or controlled substance
because he was involved in a scheme to
illegally import and introduce
misbranded prescription drugs into the
United States. In proposing a debarment
period, FDA weighed the considerations
set forth in section 306(c)(3) of the
FD&C Act that it considered applicable
to Mr. Leonowens’ offense and
concluded that the offense warranted
the imposition of a 5-year period of
debarment.
The proposal informed Mr.
Leonowens of the proposed debarment
and offered him an opportunity to
request a hearing, providing him 30
days from the date of receipt of the letter
in which to file the request, and advised
him that failure to request a hearing
constituted a waiver of the opportunity
for a hearing and of any contentions
concerning this action. Mr. Leonowens
received the proposal and notice of
opportunity for a hearing at his
residence on December 1, 2023. Mr.
Leonowens failed to request a hearing
within the timeframe prescribed by
regulation and has, therefore, waived
his opportunity for a hearing and
waived any contentions concerning his
debarment (21 CFR part 12).
II. Findings and Order
Therefore, the Assistant
Commissioner, Office of Human and
Animal Food Operations, under section
306(b)(3)(C) of the FD&C Act, under
authority delegated to the Assistant
Commissioner, finds that Mr.
Leonowens has been convicted of a
felony under Federal law for conduct
relating to the importation into the
United States of any drug or controlled
substance. FDA finds that the offense
should be accorded a debarment period
of 5 years as provided by section
306(c)(2)(A)(iii) of the FD&C Act.
As a result of the foregoing finding,
Mr. Leonowens is debarred for a period
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20979
of 5 years from importing or offering for
import any drug into the United States,
effective (see DATES). Pursuant to section
301(cc) of the FD&C Act (21 U.S.C.
331(cc)), the importing or offering for
import into the United States of any
drug by, with the assistance of, or at the
direction of Mr. Leonowens is a
prohibited act.
Dated: March 20, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–06287 Filed 3–25–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2023–N–2853]
Agency Information Collection
Activities; Announcement of Office of
Management and Budget Approval;
Reporting and Recordkeeping
Requirements for Human Food and
Cosmetics Manufactured From,
Processed With, or Otherwise
Containing, Material From Cattle
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing that a collection of
information entitled ‘‘Reporting and
Recordkeeping Requirements for Human
Food and Cosmetics Manufactured
From, Processed With, or Otherwise
Containing, Material From Cattle’’ has
been approved by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(PRA).
FOR FURTHER INFORMATION CONTACT:
Amber Sanford, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A–12M, 11601
Landsdown St, North Bethesda, MD
20852, 301–796–8867, PRAStaff@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: On
January 26, 2024, the Agency submitted
a proposed collection of information
entitled ‘‘Reporting and Recordkeeping
Requirements for Human Food and
Cosmetics Manufactured From,
Processed With, or Otherwise
Containing, Material From Cattle’’ to
OMB for review and clearance under 44
U.S.C. 3507. An Agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
SUMMARY:
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
OMB has now approved the information
collection and has assigned OMB
control number 0910–0623. The
approval expires on February 28, 2027.
A copy of the supporting statement for
this information collection is available
on the internet at https://
www.reginfo.gov/public/do/PRAMain.
Dated: March 21, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–06395 Filed 3–25–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2023–P–4636]
Determination That ISUPREL
(Isoproterenol Hydrochloride)
Injection, 0.2 Milligrams per Milliliter,
Was Not Withdrawn From Sale for
Reasons of Safety or Effectiveness
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA, Agency, or we)
has determined that ISUPREL
(isoproterenol hydrochloride) injection,
0.2 milligrams (mg)/milliliter (mL), was
not withdrawn from sale for reasons of
safety or effectiveness. This
determination will allow FDA to
approve abbreviated new drug
applications (ANDAs) for ISUPREL
(isoproterenol hydrochloride) injection,
0.2 mg/mL, if all other legal and
regulatory requirements are met.
FOR FURTHER INFORMATION CONTACT:
Veniqua Stewart, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6219,
Silver Spring, MD 20993–0002, 301–
796–3627, Veniqua.Stewart@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Section
505(j) of the Federal Food, Drug, and
Cosmetic Act (FD&C Act) (21 U.S.C.
355(j)) allows the submission of an
ANDA to market a generic version of a
previously approved drug product. To
obtain approval, the ANDA applicant
must show, among other things, that the
generic drug product: (1) has the same
active ingredient(s), dosage form, route
of administration, strength, conditions
of use, and (with certain exceptions)
labeling as the listed drug, which is a
version of the drug that was previously
approved, and (2) is bioequivalent to the
listed drug. ANDA applicants do not
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SUMMARY:
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have to repeat the extensive clinical
testing otherwise necessary to gain
approval of a new drug application
(NDA).
Section 505(j)(7) of the FD&C Act
requires FDA to publish a list of all
approved drugs. FDA publishes this list
as part of the ‘‘Approved Drug Products
With Therapeutic Equivalence
Evaluations,’’ which is known generally
as the ‘‘Orange Book.’’ Under FDA
regulations, drugs are removed from the
list if the Agency withdraws or
suspends approval of the drug’s NDA or
ANDA for reasons of safety or
effectiveness or if FDA determines that
the listed drug was withdrawn from sale
for reasons of safety or effectiveness
(21 CFR 314.162).
A person may petition the Agency to
determine, or the Agency may
determine on its own initiative, whether
a listed drug was withdrawn from sale
for reasons of safety or effectiveness.
This determination may be made at any
time after the drug has been withdrawn
from sale, but must be made prior to
approving an ANDA that refers to the
listed drug (§ 314.161 (21 CFR 314.161)).
FDA may not approve an ANDA that
does not refer to a listed drug.
ISUPREL (isoproterenol
hydrochloride) injection, 0.2 mg/mL, is
the subject of NDA 010515, held by
Bausch Health US, LLC, and was
initially approved on May 25, 1956.
ISUPREL injection is indicated to
improve hemodynamic status in
patients in distributive shock and shock
due to reduced cardiac output, and is
also indicated for bronchospasm
occurring during anesthesia. ISUPREL
(isoproterenol hydrochloride) injection,
0.2 mg/mL, is currently listed in the
‘‘Discontinued Drug Product List’’
section of the Orange Book.
E. Rust Consulting, LLC submitted a
citizen petition dated October 20, 2023
(Docket No. FDA–2023–P–4636), under
21 CFR 10.30, requesting that the
Agency determine whether ISUPREL
(isoproterenol hydrochloride) injection,
0.2 mg/mL, was withdrawn from sale for
reasons of safety or effectiveness.
After considering the citizen petition
and reviewing Agency records and
based on the information we have at this
time, FDA has determined under
§ 314.161 that ISUPREL (isoproterenol
hydrochloride) injection, 0.2 mg/mL,
was not withdrawn for reasons of safety
or effectiveness. The petitioner has
identified no data or other information
suggesting that ISUPREL (isoproterenol
hydrochloride) injection, 0.2 mg/mL,
was withdrawn for reasons of safety or
effectiveness. We have carefully
reviewed our files for records
concerning the withdrawal of ISUPREL
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Sfmt 4703
(isoproterenol hydrochloride) injection,
0.2 mg/mL, from sale. We have also
independently evaluated relevant
literature and data for possible
postmarketing adverse events. We have
found no information that would
indicate that this drug product was
withdrawn from sale for reasons of
safety or effectiveness.
Accordingly, the Agency will
continue to list ISUPREL (isoproterenol
hydrochloride) injection, 0.2 mg/mL, in
the ‘‘Discontinued Drug Product List’’
section of the Orange Book. The
‘‘Discontinued Drug Product List’’
delineates, among other items, drug
products that have been discontinued
from marketing for reasons other than
safety or effectiveness. ANDAs that refer
to ISUPREL (isoproterenol
hydrochloride) injection, 0.2 mg/mL,
may be approved by the Agency as long
as they meet all other legal and
regulatory requirements for the approval
of ANDAs. If FDA determines that
labeling for this drug product should be
revised to meet current standards, the
Agency will advise ANDA applicants to
submit such labeling.
Dated: March 20, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–06311 Filed 3–25–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2024–N–0846]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; National
Agriculture and Food Defense Strategy
Survey
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal Agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment in
response to the notice. This notice
solicits comments on the information
collection requirements for a voluntary
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Notices]
[Pages 20979-20980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06395]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2023-N-2853]
Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Reporting and Recordkeeping
Requirements for Human Food and Cosmetics Manufactured From, Processed
With, or Otherwise Containing, Material From Cattle
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
that a collection of information entitled ``Reporting and Recordkeeping
Requirements for Human Food and Cosmetics Manufactured From, Processed
With, or Otherwise Containing, Material From Cattle'' has been approved
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA).
FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St, North Bethesda, MD 20852, 301-796-8867,
[email protected].
SUPPLEMENTARY INFORMATION: On January 26, 2024, the Agency submitted a
proposed collection of information entitled ``Reporting and
Recordkeeping Requirements for Human Food and Cosmetics Manufactured
From, Processed With, or Otherwise Containing, Material From Cattle''
to OMB for review and clearance under 44 U.S.C. 3507. An Agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
[[Page 20980]]
OMB has now approved the information collection and has assigned OMB
control number 0910-0623. The approval expires on February 28, 2027. A
copy of the supporting statement for this information collection is
available on the internet at https://www.reginfo.gov/public/do/PRAMain.
Dated: March 21, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-06395 Filed 3-25-24; 8:45 am]
BILLING CODE 4164-01-P