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Federal Register / Vol. 70, No.

73 / Monday, April 18, 2005 / Notices 20145

and financial reports are due 90 days Dated: April 7, 2005. DEPARTMENT OF HEALTH AND
after the close of the project period. Josephine B. Robinson, HUMAN SERVICES
Director, Office of Community Services.
VII. Agency Contacts Food and Drug Administration
[FR Doc. 05–7461 Filed 4–15–05; 8:45 am]
Program Office Contact: Catherine BILLING CODE 4184–01–P [Docket No. 2005D–0091]
Beck, Administration for Children and
Families, Office of Community Services’ Draft Guidance for Industry on User
Operations Center, 1515 Wilson DEPARTMENT OF HEALTH AND Fee Waivers for Fixed Dose
Boulevard, Suite 100, Arlington, VA HUMAN SERVICES Combination Products and Co-
22209, Phone: 1–800–281–9519, Fax: Packaged Human Immunodeficiency
Food and Drug Administration Virus Drugs for the President’s
703–528–0716, E-mail:
[Docket No. 2005F–0138] Emergency Plan for Acquired
OCS@lcgnet.com.
Immunodeficiency Syndrome Relief;
Grants Management Office Contact: Kareem I. Batarseh; Filing of Food Availability
Barbara Ziegler-Johnson, Administration Additive Petition
for Children and Families, Office of AGENCY: Food and Drug Administration,
Grants Management, Division of AGENCY: Food and Drug Administration, HHS.
Discretionary Grants, 370 L’Enfant HHS. ACTION: Notice.
Promenade, SW., Aerospace Building, ACTION: Notice.
SUMMARY: The Food and Drug
Washington, DC 20447–0002, Phone: 1– SUMMARY: The Food and Drug Administration (FDA) is announcing the
800–281–9519, Fax: 703–528–0716, E- Administration (FDA) is announcing availability of a draft guidance for
mail: OCS@lcgnet.com. that Kareem I. Batarseh has filed a industry entitled ‘‘User Fee Waivers for
VIII. Other Information petition proposing that the food additive FDC and Co-Packaged HIV Drugs for
regulations be amended to provide for PEPFAR.’’ This draft guidance describes
Notice: Beginning with FY 2006, the the safe use of a mixture of hydrogen the circumstances under which certain
Administration for Children and peroxide, silver nitrate, phosphoric applications for fixed dose combination
Families (ACF) will no longer publish acid, tartaric acid, glutamic acid, and (FDC) and copackaged versions of
grant announcements in the Federal sodium tripolyphosphate as an previously approved antiretroviral
Register. Beginning October 1, 2005 antimicrobial agent in bottled drinking therapies for the treatment of human
applicants will be able to find a water. immunodeficiency virus (HIV) under
synopsis of all ACF grant opportunities FOR FURTHER INFORMATION CONTACT: the President’s Emergency Plan for
and apply electronically for Mical E. Honigfort, Center for Food Acquired Immunodeficiency Syndrome
opportunities via: www.Grants.gov. Safety and Applied Nutrition (HFS– Relief (PEPFAR) will not be assessed
Applicants will also be able to find the 265), Food and Drug Administration, user fees. The draft guidance also
complete text of all ACF grant 5100 Paint Branch Pkwy., College Park, describes circumstances under which
announcements on the ACF Web site MD 20740–3835, 301–436–1278. some of the applications that will be
located at: http://www.acf.hhs.gov/ SUPPLEMENTARY INFORMATION: Under the assessed fees may be eligible for a
Federal Food, Drug, and Cosmetic Act public health or a barrier-to-innovation
grants/index.html.
(sec. 409 (b)(5) (21 U.S.C. 348(b)(5))), waiver.
The FY 2006 President’s budget does notice is given that a food additive DATES: Submit written or electronic
not include or propose funding for the petition (FAP 5A4759) has been filed by comments on the draft guidance by June
Community Food and Nutrition Kareem I. Batarseh, P.O. Box 8, College 17, 2005. General comments on agency
Program. Future funding is based on the Park, MD 20741–0008. The petition guidance documents are welcome at any
availability of Federal funds. proposes to amend the food additive time.
Direct federal grants, subaward funds, regulations in part 172 Food Additives ADDRESSES: Submit written requests for
or contracts under this community Food Permitted For Direct Addition To Food single copies of the draft guidance to the
and Nutrition Program shall not be used For Human Consumption (21 CFR part Division of Drug Information (HFD–
to support inherently religious activities 172) to provide for the safe use of a 240), Center for Drug Evaluation and
such as religious instruction, worship, mixture of hydrogen peroxide, silver Research, Food and Drug
or proselytization. Therefore, nitrate, phosphoric acid, tartaric acid, Administration, 5600 Fishers Lane,
organizations must take steps to glutamic acid, and sodium Rockville, MD 20857. Send one self-
tripolyphosphate as an antimicrobial addressed adhesive label to assist that
separate, in time or location, their
agent in bottled drinking water. office in processing your requests.
inherently religious activities from the The agency has determined under 21
services funded under this Program. Submit written comments on the draft
CFR 25.32(k) that this action is of a type guidance to the Division of Dockets
Regulations pertaining to the that does not individually or
prohibition of Federal funds for Management (HFA–305), Food and Drug
cumulatively have a significant effect on Administration, 5630 Fishers Lane, rm.
inherently religious activities can be the human environment. Therefore,
found on the HHS Web site at http:// 1061, Rockville, MD 20852. Submit
neither an environmental assessment electronic comments to http://
www.os.HHS.gov/fbci/waisgate21.pdf. nor an environmental impact statement www.fda.gov/dockets/ecomments. See
Additional Information about this is required. the SUPPLEMENTARY INFORMATION section
program and its purpose can be located Dated: April 1, 2005. for electronic access to the draft
on the following Web site: http:// Laura M. Tarantino, guidance document.
www.acf.hhs.gov/programs/ocs. Director, Office of Food Additive Safety, FOR FURTHER INFORMATION CONTACT:
Please reference Section IV.3 for Center for Food Safety and Applied Nutrition. Michael Jones, Center for Drug
details about acknowledgement of [FR Doc. 05–7727 Filed 4–15–05; 8:45 am] Evaluation and Research (HFD–7), Food
received applications. BILLING CODE 4160–01–S and Drug Administration, 5600 Fishers

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20146 Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices

Lane, Rockville, MD 20857, 301–594– using an active ingredient that has DEPARTMENT OF HEALTH AND
2041. already been approved or the HUMAN SERVICES
SUPPLEMENTARY INFORMATION: application does not require clinical
data for approval. A sponsor of an Health Resources And Services
I. Background application that would be assessed Administration
FDA is announcing the availability of either a full- or a half-fee may also
a draft guidance for industry entitled qualify for a waiver of the application Agency Information Collection
‘‘User Fee Waivers for FDC and Co- fee under several provisions of PDUFA. Activities: Proposed Collection:
Packaged HIV Drugs for PEPFAR.’’ The Comment Request
We expect that most of the
draft guidance describes the applications, products, and In compliance with the requirement
circumstances under which certain establishments for FDC and copackaged for opportunity for public comment on
applications for FDC and copackaged HIV therapies proposed for use in the proposed data collection projects
versions of previously approved PEPFAR program will either not be (section 3506(c)(2)(A) of Title 44, United
antiretroviral therapies for the treatment assessed fees in the first instance or will States Code, as amended by the
of HIV under PEPFAR will not be qualify for a waiver under the special Paperwork Reduction Act of 1995, Pub.
assessed user fees. The draft guidance circumstances part of the barrier-to- L. 104–13), the Health Resources and
also describes circumstances under Services Administration (HRSA)
innovation user fee waiver.
which some of the applications that will publishes periodic summaries of
be assessed fees may be eligible for a This draft guidance is being issued
consistent with FDA’s good guidance proposed projects being developed for
public health or a barrier-to-innovation
practices regulation (21 CFR 10.115). submission to OMB under the
waiver.
The draft guidance, when finalized, will Paperwork Reduction Act of 1995. To
As part of PEPFAR, FDA issued in
May 2004 a draft guidance entitled represent the agency’s current thinking request more information on the
‘‘Fixed Dose Combination and Co- on waivers of user fees for FDC and proposed project or to obtain a copy of
Packaged Drug Products for the copackaged products for the treatment the data collection plans and draft
Treatment of HIV’’ (Fixed Dose of HIV under PEPFAR. It does not create instruments, call the HRSA Reports
Guidance) (69 FR 28931, May 19, 2004). or confer any rights for or on any person Clearance Officer on (301) 443–1129.
The Fixed Dose Guidance described and does not operate to bind FDA or the Comments are invited on: (a) Whether
some scenarios for approval of FDC or public. An alternative approach may be the proposed collection of information
copackaged products for the treatment used if such approach satisfies the is necessary for the proper performance
of HIV, provided examples of drug requirements of the applicable statutes of the functions of the agency, including
combinations considered acceptable for and regulations. whether the information shall have
FDC/copackaging, and examples of practical utility; (b) the accuracy of the
those not considered acceptable for II. Comments agency’s estimate of the burden of the
FDC/copackaging. The draft guidance proposed collection of information; (c)
Interested persons may submit to the ways to enhance the quality, utility, and
also explained that the Federal Food,
Division of Dockets Management (see clarity of the information to be
Drug, and Cosmetic Act provides for
ADDRESSES) written or electronic collected; and (d) ways to minimize the
certain circumstances in which FDA can
comments on the draft guidance. Two burden of the collection of information
grant sponsors a waiver or reduction in
copies of mailed comments are to be on respondents, including through the
fees. The draft guidance also stated that
the agency was evaluating the submitted, except that individuals may use of automated collection techniques
circumstances under which it may grant submit one copy. Comments are to be or other forms of information
user fee waivers or reductions for identified with the docket number technology.
sponsors developing FDC and found in brackets in the heading of this
document. The draft guidance and Proposed Project: Application for
copackaged versions of previously Certification and Recertification as a
approved antiretroviral therapies for the received comments are available for
public examination in the Division of Federally Qualified Health Center
treatment of HIV. Since issuance of the (FQHC) Look-Alike (OMB No. 0915–
Fixed Dose Guidance, several potential Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday. 0142): Revision
applicants have asked that we clarify
whether sponsors submitting drug III. Electronic Access The Health Resources and Services
applications under the Fixed Dose Administration (HRSA) proposes to
Guidance and under the PEPFAR Persons with access to the Internet revise the application guide used by
program will be required to pay user may obtain the document at either organizations applying for certification
fees under the Prescription Drug User http://www.fda.gov/cder/guidance/ or recertificaion as a Federally Qualified
Fee Act (PDUFA) and if so, whether index.htm or http://www.fda.gov/ Health Center (FQHC) Look-Alike for
they would be eligible for a waiver of ohrms/dockets/default.htm. purposes of cost-based reimbursement
those fees. As explained in this draft Dated: April 13, 2005. under the Medicaid and Medicare
guidance, in some of the scenarios programs. The guide will be revised to
Jeffrey Shuren,
described in the Fixed Dose Guidance, reflect legislative, policy, and technical
a sponsor could qualify for fee Assistant Commissioner for Policy. changes since August 2003, the issuance
exemptions or would only be assessed [FR Doc. 05–7729 Filed 4–15–05; 8:45 am] date of the last guidance. The estimated
a half-fee either because the sponsor is BILLING CODE 4160–01–S burden is as follows:

Responses
Number of Hours per Total burden
Form per
respondents response hours
respondent

Application ....................................................................................................... 40 1 100 4,000

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