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Federal Register / Vol. 71, No.

28 / Friday, February 10, 2006 / Notices 7051

in such a way (e.g., on such a small appropriate in vitro assays (protein OMB, Attn: Fumie Yokota, Desk Officer
scale, or in such isolated conditions, digestibility study). for FDA, FAX: 202–395–6974.
etc.) that cross-pollination with The paperwork burden of these two FOR FURTHER INFORMATION CONTACT:
traditional crops or commingling of data components consists of the time it Karen Nelson, Office of Management
plant material is not likely to be an takes the company to put together the Programs (HFA–250), Food and Drug
issue. Also, other developers may have information on these two data
Administration, 5600 Fishers Lane,
previously communicated with FDA components to submit to FDA. We
Rockville, MD 20857, 301–827–1482.
about the food safety of a new plant estimate that these two data components
protein, for example, when the same will take 16 hours to complete (8 hours SUPPLEMENTARY INFORMATION: In
protein was expressed in a different for each component). In Table 1 of this compliance with 44 U.S.C. 3507, FDA
crop. document, row 2 shows that for 20 has submitted the following proposed
FDA scientists predict that this draft evaluations, the total burden for these collection of information to OMB for
guidance will generate about 20 to 150 two data components is 320 hours. review and clearance.
early food safety evaluations yearly. Dated: February 6, 2006. Financial Disclosure by Clinical
While there is uncertainty as to the Jeffrey Shuren, Investigators—(OMB Control Number
number of developers who will choose Assistant Commissioner for Policy. 0910–0396)—Extension
to submit an evaluation, FDA estimates
[FR Doc. E6–1806 Filed 2–9–06; 8:45 am] Respondents are sponsors of
that the annual number of early food
safety evaluations will be closer to the
BILLING CODE 4160–01–S marketing applications that contain
lower bound estimate of 20 evaluations clinical data from studies covered by the
rather than the upper bound estimate of regulations. These sponsors represent
DEPARTMENT OF HEALTH AND pharmaceutical, biologic and medical
150 evaluations. This estimation is HUMAN SERVICES
supported by the fact that on average device firms. The applicant will incur
there have been nine initial Food and Drug Administration reporting costs in order to comply with
biotechnology consultations per year. the final rule. Applicants will be
[Docket No. 2005N–0296] required to submit, for example, the
An initial biotechnology consultation
has traditionally been the first complete list of clinical investigators for
Agency Information Collection each covered study, not employed by
discussion between a developer and Activities; Submission for Office of
FDA about a food made from a new the applicant and/or sponsor of the
Management and Budget Review; covered study, and either certify to the
bioengineered plant variety; it is usually Comment Request; Financial
bioengineered varieties of plants that are absence of certain financial
Disclosure by Clinical Investigators arrangements with clinical investigators
the subject of a consultation with FDA.
AGENCY: Food and Drug Administration, or disclose the nature of those
Evaluation Components HHS. arrangements to FDA and the steps
The early food safety evaluation for ACTION: Notice. taken by the applicant or sponsor to
new proteins includes six main data minimize the potential for bias. The
components. Four of these data SUMMARY: The Food and Drug clinical investigator will have to supply
components are easily and quickly Administration (FDA) is announcing information regarding financial interests
obtainable, having to do with the that a proposed collection of or payments held in the sponsor of the
identity and source of the protein. FDA information has been submitted to the covered study. FDA has said that it has
estimates that completing these data Office of Management and Budget no preference as to how this information
components will take about 4 hours per (OMB) for review and clearance under is collected from investigators and that
evaluation. In table 1 of this document, the Paperwork Reduction Act of 1995. sponsors/applicants have the flexibility
row 1 shows that for 20 evaluations, the DATES: Fax written comments on the to collect the information in the most
total burden for these 4 data collection of information by March 13, efficient and least burdensome manner
components is 80 hours. 2006. that will be effective. FDA estimated
Two data components ask for original ADDRESSES: OMB is still experiencing that the total reporting costs of sponsors
data to be generated. One data significant delays in the regular mail, would be less than $450,000 annually.
component consists of a bioinformatics including first class and express mail, Costs could also occur after a marketing
analysis which can be performed using and messenger deliveries are not being application is submitted if FDA
publicly available databases. The other accepted. To ensure that comments on determines that the financial interests of
data component involves ‘wet’ lab work the information collection are received, an investigator raise significant
to assess the new protein’s stability and OMB recommends that written questions about the integrity of the data.
the resistance of the protein to comments be faxed to the Office of FDA estimates the burden of this
enzymatic degradation using Information and Regulatory Affairs, collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual
21 CFR Section Hours Per Response Total Hours
Respondents per Response Responses

54.4(a)(1) and (a)(2) 1,000 1 1,000 5 5,000

54.4(a)(3) 100 1 100 20 2,000


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54.4 46,000 .25 11,500 .1 11,500

Total 18,500
1There are no capital cost or operating and maintenance costs associated with this collection of information.

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7052 Federal Register / Vol. 71, No. 28 / Friday, February 10, 2006 / Notices

The sponsors of covered studies will after the date of approval of the with regard to clinical investigators,
be required to maintain complete applications. This time is consistent including protocol agreements and
records of compensation agreements with the current recordkeeping investigator resumes or curriculum
with any compensation paid to requirements for other information vitae. FDA estimates than an average of
nonemployee clinical investigators, related to marketing applications for 15 minutes will be required for each
including information showing any human drugs, biologics, and medical recordkeeper to add this record to
financial interests held by the clinical devices. Currently, sponsors of covered clinical investigators’ file.
investigator, for a time period of 2 years studies must maintain many records

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


No. of Annual Frequency per Hours Per
21 CFR Section Total Annual Records Total Hours
Recordkeepers Recordkeeping Recordkeeper

54.6 1,000 1 1,000 .25 250

Total 250
1There are no capital costs or operating and maintenance costs associated with this collection of information.

In the Federal Register of August 25, comments be faxed to the Office of 371(a)), sets forth the format and
2005 (70 FR 49928), FDA announced the Information and Regulatory Affairs, procedures by which an interested
availability of the draft guidance and OMB, Attn: Fumie Yokota, Desk Officer person may request reconsideration of
requested comments for 60 days on the for FDA, FAX: 202–395–6974. part or all of a decision of the
information collection. No comments FOR FURTHER INFORMATION CONTACT: Commissioner in a petition submitted
were received regarding this Jonna Capezzuto, Office of Management under § 10.25 (initiation of
information collection. Programs (HFA–250), Food and Drug administrative proceedings). A petition
Dated: February 6, 2006. Administration, 5600 Fishers Lane, for reconsideration must contain in a
Jeffrey Shuren, Rockville, MD 20857, 301–827–4659. well-organized format a full statement of
SUPPLEMENTARY INFORMATION: In the factual and legal grounds upon
Assistant Commissioner for Policy.
compliance with 44 U.S.C. 3507, FDA which the petition relies. The grounds
[FR Doc. E6–1807 Filed 2–9–06; 8:45 am]
has submitted the following proposed must demonstrate that relevant
BILLING CODE 4160–01–S
collection of information to OMB for information and views contained in the
review and clearance. administrative record were not
previously or not adequately considered
DEPARTMENT OF HEALTH AND General Administrative Procedures: by the Commissioner. The respondent
HUMAN SERVICES Citizen Petitions; Petition for must submit a petition no later than 30
Reconsideration or Stay of Action; days after the decision has been made.
Food and Drug Administration
Advisory Opinions—(OMB Control However, the Commissioner may, for
[Docket No. 2005N–0425] Number 0910–0183)—Extension good cause, permit a petition to be filed
The Administrative Procedures Act (5 after 30 days. An interested person who
Agency Information Collection wishes to rely on information or views
Activities; Submission for Office of U.S.C. 553(e)), provides that every
agency shall give an interested person not included in the administrative
Management and Budget Review; record shall submit them with a new
Comment Request; General the right to petition for issuance,
amendment, or repeal of a rule. Under petition to modify the decision. FDA
Administrative Procedures: Citizen uses the information provided in the
Petitions; Petition for Reconsideration part 10 (21 CFR part 10), § 10.30 sets
forth the format and procedures by request to determine whether to grant
or Stay of Action; Advisory Opinions the petition for reconsideration.
which an interested person may submit
AGENCY: Food and Drug Administration, to FDA, in accordance with § 10.20 Respondents to this collection of
HHS. (submission of documents to the information are individuals or
ACTION: Notice. Division of Dockets Management households, State or local governments,
(DDM)), a citizen petition requesting the not-for-profit institutions, and
SUMMARY: The Food and Drug Commissioner of Food and Drugs (the businesses or other for-profit
Administration (FDA) is announcing Commissioner) to issue, amend, or institutions who are requesting a
that a proposed collection of revoke a regulation or order, or to take reconsideration of a matter from the
information has been submitted to the or refrain from taking any other form of Commissioner.
Office of Management and Budget administrative action. Section 10.35, issued under section
(OMB) for review and clearance under The Commissioner may grant or deny 701(a) of the act, sets forth the format
the Paperwork Reduction Act of 1995. such a petition, in whole or in part, and and procedures by which an interested
DATES: Fax written comments on the may grant such other relief or take other person may request, in accordance with
collection of information by March 13, action as the petition warrants. § 10.20 (submission of documents to
2006. Respondents are individuals or DDM), the Commissioner to stay the
ADDRESSES: OMB is still experiencing households, State or local governments, effective date of any administrative
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significant delays in the regular mail, not-for-profit institutions, and action.


including first class and express mail, businesses or other for-profit Such a petition must provide the
and messenger deliveries are not being institutions or groups. following information: (1) The decision
accepted. To ensure that comments on Section 10.33, issued under section involved; (2) the action requested,
the information collection are received, 701(a) of the Federal, Food, Drug, and including the length of time for which
OMB recommends that written Cosmetic Act (the act) (21 U.S.C. a stay is requested; and (3) a statement

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