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17892 Federal Register / Vol. 71, No.

67 / Friday, April 7, 2006 / Notices

for the proper performance of the FOR FURTHER INFORMATION CONTACT: FOIA is impractical for interested
functions of the agency, including Jonna Capezzuto, Office of Management persons. FDA also disagrees with the
whether the information shall have Programs (HFA–250), Food and Drug comment’s suggestion that the agency
practical utility; (b) the accuracy of the Administration, 5600 Fishers Lane, make publicly available in the GRAS
agency’s estimate of the burden of the Rockville, MD 20857, 301–827–4659. notification process a summary of data
proposed collection of information; (c) SUPPLEMENTARY INFORMATION: In and information that supports the GRAS
the quality, utility, and clarity of the compliance with 44 U.S.C. 3507, FDA notice and also contains a discussion of
information to be collected; and (d) has submitted the following proposed any negative or inconsistent data,
ways to minimize the burden of the collection of information to OMB for because such a summary would be
collection of information on review and clearance. duplicative of information available
respondents, including through the use through FOIA procedures. This
of automated collection techniques or Substances Generally Recognized as
information collection is associated
other forms of information technology. Safe: Notification Procedure (OMB
with the proposed rule entitled ‘‘Notice
Consideration will be given to Control Number 0910–0342)—Extension
of a Claim for GRAS Exemption Based
comments and suggestions submitted Section 409 of the act (21 U.S.C. 348) on a GRAS Determination’’ (the
within 60 days of this publication. establishes a premarket approval proposed rule) (62 FR 18938). Proposed
Dated: March 31, 2006.
requirement for ‘‘food additives;’’ § 170.36(c)(4) describes requirements for
section 201(s) of the act (21 U.S.C. a detailed summary in the GRAS
Robert Sargis,
321(s)) provides an exemption from the notification procedures. This section
Reports Clearance Officer. definition of ‘‘food additive’’ and thus states that notifiers shall submit a
[FR Doc. 06–3349 Filed 4–6–06; 8:45 am] from the premarket approval detailed summary of the basis for the
BILLING CODE 4184–01–M requirement, for uses of substances that notifier’s determination that a particular
are generally recognized as safe (GRAS) use of the notified substance is exempt
by qualified experts. FDA is proposing from the premarket approval
DEPARTMENT OF HEALTH AND a voluntary procedure whereby requirements of the act because such
HUMAN SERVICES members of the food industry who use is GRAS. Such determination may
determine that use of a substance be based either on scientific procedures
Food and Drug Administration
satisfies the statutory exemption may or on common use in food. Proposed
[Docket No. 2005N–0457] notify FDA of that determination. The § 170.36(c)(4)(i)(B) and
notice would include a detailed 170.36(c)(4)(ii)(B) state that this detailed
Agency Information Collection summary of the data and information summary shall contain a comprehensive
Activities; Submission for Office of that support the GRAS determination, discussion of any reports of
Management and Budget Review; and the notifier would maintain a investigations or other information that
Comment Request; Substances record of such data and information. may appear to be inconsistent with the
Generally Recognized as Safe: FDA would make the information GRAS determination. Proposed
Notification Procedure describing the GRAS claim, and the § 170.36(f)(1) states that all remaining
AGENCY: Food and Drug Administration, agency’s response to the notice, data and information in the GRAS
HHS. available in a publicly accessible file; notice shall be available for public
the entire GRAS notice would be disclosure, in accordance with the
ACTION: Notice.
publicly available consistent with the provisions of FOIA, on the date the
SUMMARY: The Food and Drug Freedom of Information Act (FOIA) and notice is received. This would include
Administration (FDA) is announcing other Federal disclosure statutes. the detailed summary of the basis for
that a proposed collection of In the Federal Register of December 8, the notifier’s GRAS determination. To
information has been submitted to the 2005 (70 FR 73009), FDA published a the extent that the comment suggests a
Office of Management and Budget 60-day notice requesting public change to the requirements of the
(OMB) for review and clearance under comment on the information collection proposed rule, FDA responds that such
the Paperwork Reduction Act of 1995. provisions to which one comment was a request is outside the scope of the four
received. The comment states that collection of information topics on
DATES: Fax written comments on the
obtaining the entire GRAS notification which the notice solicits comments and,
collection of information by May 8,
through the provisions of FOIA is not a thus, will not be addressed in this
2006.
practical means for interested persons to document. In response to the request for
ADDRESSES: OMB is still experiencing learn about the safety of a substance. comments in that proposed rule, the
significant delays in the regular mail, The comment suggests that, to enhance commenter timely filed a similar
including first class and express mail, the quality, utility, and clarity of the comment. This comment will be
and messenger deliveries are not being information to be collected, FDA should considered in the development of the
accepted. To ensure that comments on make publicly available a summary of final rule.
the information collection are received, data and information that supports the
OMB recommends that written GRAS notice and also contains a Description of Respondents:
comments be faxed to the Office of discussion of any negative or Manufacturers of Substances Used in
Information and Regulatory Affairs, inconsistent data. Food and Feed.
OMB, Attn: Fumie Yokota, Desk Officer FDA does not agree that obtaining FDA estimates the burden of this
for FDA, FAX: 202–395–6974. information through the provisions of collection of information as follows:
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices 17893

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual frequency Total annual Hours per
21 CFR Section Total hours
respondents per response responses response

170.36 50 1 50 150 7,500

570.36 10 1 10 150 1,500

Total 9,000
1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


No. of Annual frequency per Total annual Hours per
21 CFR Section Total hours
recordkeepers recordkeeping records recordkeeper

170.36(c)(v) 50 1 50 15 750

570.36(c)(v) 10 1 10 15 150

Total 900
1There are no capital costs or operating and maintenance costs associated with this collection of information.

The reporting requirement is for a DEPARTMENT OF HEALTH AND 241). FDA’s research program is
proposed rule that has not yet been HUMAN SERVICES described in the Catalog of Federal
issued as a final rule. In developing the Domestic Assistance No. 93.103. Before
proposed rule, FDA solicited input from Food and Drug Administration entering into cooperative agreements,
representatives of the food industry on FDA carefully considers the benefits
Cooperative Agreement to Support a such agreements will provide to the
the reporting requirements, but could
Single-Source Application—The public.
not fully discuss with those
Critical Path Institute: Collaborative The cooperative agreement ensures
representatives the details of the Cardiovascular Drug Safety and
proposed notification procedure. FDA FDA’s continued participation in the
Biomarker Research Program— Collaborative Cardiovascular Drug
received no comments on the agency’s ACTION; Availability of Sole Source Safety and Biomarker Research Program,
estimate of the hourly reporting Cooperative Agreement; Request for as proposed by Congress and to be
requirements, and thus has no basis to Application conducted under FDA’s Critical Path
revise that estimate at this time. In 1998, Initiative. A goal of the Critical Path
FDA began receiving notices that were AGENCY: Food and Drug Administration,
HHS. Initiative is to foster the development of
submitted under the terms of the new tools to both promote drug safety
proposed rule. Since it began receiving ACTION: Notice.
and accelerate the development of
notices, FDA has received 12 in 1998, innovative new therapies, through
23 in 1999, 30 in 2000, 28 in 2001, 26 I. Funding Opportunity Description
appropriate collaboration with multiple
in 2002, 23 in 2003, 20 in 2004, and 22 The Food and Drug Administration parties. This collaborative research
to date in 2005, notices annually. To (FDA), Office of the Commissioner (OC) program is expected to be conducted in
date, the number of annual notices is is announcing its intent to accept and a multiphase process, leveraging
less than FDA’s estimate; however, the consider a single source application resources and expertise from the
number of annual notices could increase (RFA–FDA–OC–2006–1) for the award awardee, other collaborators, and FDA
when the proposed rule becomes final. of a Cooperative Agreement to the to address public health needs involving
Critical Path Institute. FDA anticipates cardiovascular disease and biomarker
Dated: April 3, 2006. providing up to $750,000 (direct and research.
Jeffrey Shuren, indirect costs combined) in fiscal year
Assistant Commissioner for Policy. 2006 to support this multiphased II. Eligibility Information
[FR Doc. E6–5088 Filed 4–6–06; 8:45 am] research program that will include, but Competition is limited because of
BILLING CODE 4160–01–S will not be limited to, the development Congressional mandate, the mission of
of an infrastructure to support this the Critical Path Institute, its established
program and subsequent related studies collaboration with the University of
in cardiovascular disease and genomic/ Utah, and the combined ability of these
proteomic biomarker research, as parties to leverage existing databases,
stipulated by Congress. specimen repositories, clinical and
Subject to the availability of Federal other technical expertise in support of
funds and successful performance, an this program.
additional 2 years of support up to
$750,000(direct and indirect costs III. Application and Submission
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combined) per year may be available. For further information or a copy of


FDA will support the research the complete Request for Applications
covered by this notice under the (RFA) contact Cynthia Polit, Grants
authority of section 301 of the Public Management Officer, Division of
Health Service (PHS) Act (42 U.S.C. Contracts and Grants Management

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