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Federal Register / Vol. 72, No.

32 / Friday, February 16, 2007 / Notices 7661


2Electronic submissions received between July 1, 2005, and June 30, 2006.

The number of respondents in table 1 condom labeling through a label when appropriate, and other forms of
of this document is the number of comprehension study. information technology.
sponsors registered to make electronic DATES: Submit written or electronic
Label Comprehension Study (U.S.C. 393
submissions (25). The number of total comments on the collection of (d)(2)(C))
annual responses is based on a review information by April 17, 2007.
of the actual number of submissions ADDRESSES: Submit electronic FDA issued the ‘‘Draft Guidance for
made between July 1, 2005, and June 30, comments on the collection of Industry and FDA Staff: Class II Special
2006 (2 x hours per response (.41) = .82 information to: http://www.fda.gov/ Controls Guidance Document: Labeling
total hours). dockets/ecomments. Submit written for Male Condoms Made of Natural
Submitting a slaughter notice comments on the collection of Rubber Latex’’ on November 14, 2005
electronically represents an alternative information to the Division of Dockets (70 FR 69156). Section 21 U.S.C.
to submitting a notice of intent to Management (HFA–305), Food and Drug 393(d)(2)(C) of the Federal Food, Drug
slaughter on paper. The reporting Administration, 5630 Fishers Lane, rm. and Cosmetic Act (the act) states that
burden for compilation and submission 1061, Rockville, MD 20852. All the Secretary, through the
of this information on paper is included comments should be identified with the Commissioner, shall be responsible to
in OMB clearance of the information docket number found in brackets in the conduct research relating to devices in
collection provisions of 21 CFR 511.1 heading of this document. carrying out this chapter. In order to
(OMB No. 0910–0450). The estimates in FOR FURTHER INFORMATION CONTACT: evaluate the understandability of the
table 1 of this document reflect the Denver Presley, Jr., Office of the Chief condom labeling language currently on
burden associated with putting the same Information Officer (HFA–250), Food the market and the labeling language
information on FDA Form #3488 and and Drug Administration, 5600 Fishers proposed in this draft guidance, as well
resulted from previous discussions with Lane, Rockville, MD 20857, 301–827– as a future revised version of the
sponsors about the time necessary to 1472. labeling, FDA plans to evaluate readers’
complete this form. comprehension of three versions of
SUPPLEMENTARY INFORMATION: Under the
Dated: February 9, 2007.
condom labeling through a label
PRA (44 U.S.C. 3501–3520), Federal
comprehension study.
Jeffrey Shuren, agencies must obtain approval from the
Office of Management and Budget The proposed label comprehension
Assistant Commissioner for Policy.
(OMB) for each collection of study will measure current and
[FR Doc. E7–2710 Filed 2–15–07; 8:45 am] potential condom consumers’
BILLING CODE 4160–01–S
information they conduct or sponsor.
‘‘Collection of information’’ is defined understanding of the current market
in 44 U.S.C. 3502(3) and 5 CFR labeling and the proposed condom
1320.3(c) and includes agency requests labeling in the draft guidance of the
DEPARTMENT OF HEALTH AND retail package, foil and package insert of
HUMAN SERVICES or requirements that members of the
public submit reports, keep records, or condom labeling, as well as a future
Food and Drug Administration provide information to a third party. revised version of the labeling. The label
Section 3506(c)(2)(A) of the PRA (44 comprehension study will follow a
U.S.C. 3506(c)(2)(A)) requires Federal sequential design, first testing both the
[Docket No. 2007N–0050] current market labeling (Part A) and the
agencies to provide a 60-day notice in
Agency Information Collection the Federal Register concerning each draft labeling in the guidance (Part B) in
Activities; Proposed Collection; proposed collection of information Stage 1, and then a revised version of
Comment Request; Label before submitting the collection to OMB the labeling in Stage 2.
Comprehension Study for approval. To comply with this FDA will conduct a label
requirement, FDA is publishing notice comprehension study via a mall
AGENCY: Food and Drug Administration, of the proposed collection of intercept/central location intercept
HHS. information set forth in this document. methodology with pre-screened
ACTION: Notice. With respect to the following participants. FDA will administer a
collection of information, FDA invites screening instrument, the REALM
SUMMARY: The Food and Drug comments on these topics: (1) Whether (Rapid Estimate of Adult Literacy in
Administration (FDA) is announcing an the proposed collection of information Medicine) test, an informed consent,
opportunity for public comment on the is necessary for the proper performance and a questionnaire with approximately
proposed collection of certain of FDA’s functions, including whether 20 questions related to the condom
information by the agency. Under the the information will have practical labeling language to a total of 1,200
Paperwork Reduction Act of 1995 (the utility; (2) the accuracy of FDA’s participants: 400 participants for Part A
PRA), Federal agencies are required to estimate of the burden of the proposed of Stage 1, 400 participants for Part B of
publish notice in the Federal Register collection of information, including the Stage 1, and 400 participants for Stage
concerning each proposed collection of validity of the methodology and 2 of the study. Results of the study will
information, including each proposed assumptions used; (3) ways to enhance be considered in FDA’s condom labeling
extension of an existing collection of the quality, utility, and clarity of the recommendations to provide important
information, and to allow 60 days for information to be collected; and (4) risk/benefit and use information
public comment in response to the ways to minimize the burden of the associated with condoms in an easily
sroberts on PROD1PC70 with NOTICES

notice. This notice solicits comments on collection of information on understood language.


a questionnaire to evaluate reader’s respondents, including through the use FDA estimates the burden of this
comprehension of three versions of of automated collection techniques, collection of information as follows:

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7662 Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Notices

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Re- Annual Frequency Total Annual Re- Hours per Re-
Activity Total Hours
spondents per Response sponses sponse

Screening Tool 3,300 1 3,300 .05 165

Stage 1: Part A—REALM test; Informed Consent;


Read Labeling; Questionnaire 400 1 400 .45 180

Stage 1: Part B—REALM test; Informed Consent;


Read Labeling; Questionnaire 400 1 400 .45 180

Stage 2—REALM test; Informed Consent; Read


Labeling; Questionnaire 400 1 400 .45 180

Total ........................ .............................. .............................. ........................ 705


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

This was based on similar types of OMB recommends that written of the most appropriate diagnostic
FDA studies conducted in the past. FDA comments be faxed to the Office of devices, including those that are
has conducted both focus group studies Information and Regulatory Affairs, investigational.
and label comprehension studies, where OMB, Attn: FDA Desk Officer, FAX: FDA requested public comment on
similar participant activities, such as 202–395–6974. the information collection requirements
reading the labeling, taking the REALM FOR FURTHER INFORMATION CONTACT: in the June 7, 2006, interim final rule.
test, signing the informed consent, and Denver Presley, Jr., Office of the Chief The collection of information
answering questions on a self- Information Officer (HFA–250), Food requirements for the June 7, 2006,
administered questionnaire took place. and Drug Administration, 5600 Fishers interim final rule were approved under
In order to achieve the 1,200 Lane, Rockville, MD 20857, 301–827– the emergency processing provisions of
participants for the condom label 1472. the Paperwork Reduction Act (PRA),
comprehension study, FDA estimates and assigned OMB control 0910–0586.
SUPPLEMENTARY INFORMATION: In
screening 3,300 to achieve 1,200 With this approval, OMB informed the
compliance with 44 U.S.C. 3507, FDA
interviews. agency that the preamble and
has submitted the following proposed
Dated: February 9, 2007. collection of information to OMB for solicitation of public comment by the
Jeffrey Shuren, review and clearance. June 7, 2006, interim final rule would
Assistant Commissioner for Policy.
serve as a 60-day notice for the 3 year
Medical Devices; Exception From extension of this collection of
[FR Doc. E7–2716 Filed 2–15–07; 8:45 am] General Requirements for Informed information. In addition, OMB also
BILLING CODE 4160–01–S Consent—(OMB Control Number 0910– requested that FDA, in submitting its
0586)—Extension extension request, summarize comments
DEPARTMENT OF HEALTH AND In the Federal Register of June 7, 2006 received in response to the 60-day
HUMAN SERVICES (71 FR 32827), FDA issued an interim notice, describe how the agency will
final rule (hereinafter referred to as the address substantive issues raised by the
Food and Drug Administration June 7, 2006, interim final rule) to commenters, and provide an update on
amend its regulations to establish a new the status of the final rule. FDA is
[Docket No. 2003N–0355] responding to OMB’s requests below:
exception from the general requirements
Agency Information Collection for informed consent, to permit the use FDA received 10 comments on the
Activities; Submission for Office of of investigational in vitro diagnostic interim final rule, three of which related
Management and Budget Review; devices to identify chemical, biological, to the information collection
Comment Request; Medical Devices; radiological, or nuclear agents without requirements. The other comments on
Exception From General Requirements informed consent in certain the rule will be addressed in the
for Informed Consent circumstances. The agency took this preamble to the final rule. FDA expects
action because it is concerned that, to publish the final rule in 2009.
AGENCY: Food and Drug Administration, during a potential terrorism event or One comment suggested that the
HHS. other potential public health emergency, requirement that a laboratory certify to
ACTION: Notice. delaying the testing of specimens to an institutional review board (IRB) that
obtain informed consent may threaten the testing was done in a life-
SUMMARY: The Food and Drug the life of the subject. In many threatening situation and that it was not
Administration (FDA) is announcing instances, there may also be others who feasible to obtain consent serves no
that a proposed collection of have been exposed to, or who may be purpose, since these issues have already
information has been submitted to the at risk of exposure to, a dangerous been pre-determined by FDA and
Office of Management and Budget chemical, biological, radiological, or provide the basis for exemption. FDA
(OMB) for review and clearance under nuclear agent, thus necessitating disagrees. The certification requirement
the Paperwork Reduction Act of 1995. identification of the agent as soon as ensures that the laboratory documents
sroberts on PROD1PC70 with NOTICES

DATES: Fax written comments on the possible. FDA created this exception to for the IRB that it is complying with the
collection of information by March 19, help ensure that individuals who may requirements of the regulation. The
2007. have been exposed to a chemical, comment also stated that the
ADDRESSES: To ensure that comments on biological, radiological, or nuclear agent concurrence of an independent
the information collection are received, are able to benefit from the timely use physician, which will occur post-

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