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Federal Register / Vol. 71, No.

193 / Thursday, October 5, 2006 / Rules and Regulations 58739

number and be submitted to the address does not warrant preparation of a DEPARTMENT OF HEALTH AND
specified under the caption ADDRESSES. Regulatory Flexibility Analysis because HUMAN SERVICES
All communications received on or the anticipated impact is so minimal.
before the closing date for comments Food and Drug Administration
will be considered, and this rule may be List of Subjects in 14 CFR Part 71
amended or withdrawn in light of the 21 CFR Parts 201, 606, and 610
Airspace, Incorporation by reference,
comments received. Factual information
Navigation (air). [Docket No. 2005D–0202]
that supports the commenter’s ideas and
suggestions is extremely helpful in Adoption of the Amendment Guidance for Industry on Bar Code
evaluating the effectiveness of this Label Requirements—Questions and
action and determining whether ■ Accordingly, pursuant to the authority Answers; Availability
additional rulemaking action is needed. delegated to me, the Federal Aviation
Comments are specifically invited on Administration amends 14 CFR part 71 AGENCY: Food and Drug Administration,
the overall regulatory, economic, as follows: HHS.
environmental, and energy aspects of ACTION: Notice of availability.
the rule that might suggest a need to PART 71—DESIGNATION OF CLASS A,
modify the rule. All comments SUMMARY: The Food and Drug
CLASS B, CLASS C, CLASS D, AND
submitted will be available, both before CLASS E AIRSPACE AREAS; Administration (FDA) is announcing the
and after the closing date for comments, availability of additional questions and
AIRWAYS; ROUTES; AND REPORTING
in the Rules Docket for examination by answers that are being incorporated into
POINTS
interested persons. A report that the final guidance document entitled
summarizes each FAA-public contact ‘‘Guidance for Industry: Bar Code Label
■ 1. The authority citation for 14 CFR
concerned with the substance of this Requirements—Questions and
part 71 continues to read as follow:
action will be filed in the Rules Docket. Answers.’’ This final guidance is dated
Commenters wishing the FAA to Authority: 49 U.S.C. 106(g), 40103, 40113, October 2006. The additional questions
acknowledge receipt of their comments 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– and answers relate to blood and blood
submitted in response to this rule must 1963 Comp., p. 389. components intended for transfusion
submit a self-addressed, stamped and requirements that their container
§ 71.1 [Amended]
postcard on which the following labels bear certain machine-readable
statement is made: ‘‘ Comments to ■ 2. The incorporation by reference in information. These requirements were
Docket No. FAA–2006–24448/Airspace 14 CFR 71.1 of the Federal Aviation part of the final rule on bar code label
Docket No. 06–AGL–02.’’ The postcard Administration Order 7400.9P, Airspace requirements for human drugs
will be date stamped and returned to the Designations and Reporting Points, published on February 26, 2004.
commenter. dated September 1, 2006, and effective DATES: Submit written or electronic
Agency Findings September 15, 2006 is amended as comments on agency guidances at any
follows: time.
The regulations adopted herein will
not have substantial direct effects on the * * * * * ADDRESSES: Submit written requests for
States, on the relationship between the single copies of the guidance to the
Paragraph 6002 Class E airspace designated Division of Drug Information (HFD–
national government and the States, on as surface areas.
the relationship between the national 240), Center for Drug Evaluation and
government and the States, or on the * * * * * Research, Food and Drug
distribution of power and AGL WI E2 Mineral Point, WI [New] Administration, 5600 Fishers Lane,
responsibilities among the various Rockville, MD 20857, or the Office of
Mineral Point, Iowa County Airport, WI Communication, Training, and
levels of government. Therefore, it is
(Lat. 42°53′13″ N., long. 90°14′10″ W.) Manufacturers Assistance (HFM–40),
determined that this final rule will not Mineral Point, NDB
have federalism implications under Center for Biologics Evaluation and
(Lat 42°53′17″ N., long. 90°13′35″ W. Research, Food and Drug
Executive Order 13132.
Further, the FAA has determined that That airspace extending upward from the Administration, 1401 Rockville Pike,
this regulation is noncontroversial and surface within a 7.2-mile radius of the Iowa suite 200N, Rockville, MD 20852–1448.
unlikely to result in adverse or negative County Airport and within 2.6 miles each Send one self-addressed adhesive label
comments and only involves an side of the 029° bearing from the Mineral to assist the office in processing your
established body of technical Point NDB extending from the 7.2-mile requests. The guidance may also be
radius to 7.4 miles northeast of the airport. obtained by mail by calling 1–800–835–
regulations that require frequent and
routine amendments to keep them * * * * * 4709 or 301–827–1800. See the
operationally current. Therefore, I Issued in Fort Worth, Texas, on September SUPPLEMENTARY INFORMATION section for
certify that this regulation (1) is not a 22, 2006. electronic access to the guidance
‘‘significant regulatory action’’ under document.
Walter Tweedy,
Executive Order 12866; (2) is not a Submit written comments on the
Acting Manager, System Support Group, ATO guidance to the Division of Dockets
‘‘significant rule’’ under DOT
Central Service Area. Management (HFA–305), Food and Drug
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) if [FR Doc. 06–8495 Filed 10–4–06; 8:45 am] Administration, 5630 Fishers Lane, rm.
promulgated, will not have a significant BILLING CODE 4910–13–M 1061, Rockville, MD 20852. Submit
economic impact, positive or negative, electronic comments to http://
www.fda.gov/dockets/ecomments.
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on a substantial number of small entities


under the criteria of the Regulatory FOR FURTHER INFORMATION CONTACT:
Flexibility Act. Since this rule involves For products regulated by the Center for
routine matters that will only affect air Drug Evaluation and Research: Valerie
traffic procedures and air navigation, it L. Whipp, Center for Drug Evaluation

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58740 Federal Register / Vol. 71, No. 193 / Thursday, October 5, 2006 / Rules and Regulations

and Research (HFD–310), Food and Therefore, FDA is announcing the to user fees for the special enrollment
Drug Administration,11919 Rockville availability of additional questions and examination to become an enrolled
Pike, Rockville, MD 20852, 301–827– answers incorporated in the document agent, the application for enrollment of
8957. entitled ‘‘Guidance for Industry: Bar enrolled agents, and the renewal of this
Code Label Requirements—Questions enrollment. The charging of user fees is
For products regulated by the Center for and Answers,’’ and we are revising the authorized by the Independent Offices
Biologics Evaluation and Research: date of the guidance to October 2006. Appropriations Act (IOAA) of 1952.
Kathleen E. Swisher, Center for The guidance is issued consistent DATES: Effective Date: November 6,
Biologics Evaluation and Research with FDA’s good guidance practices 2006.
(HFM–17), Food and Drug regulation (21 CFR 10.115), particularly Applicablity Date: For date of
Administration, 1401 Rockville Pike, 21 CFR 10.115(g)(4)(i). The guidance applicability, see § 300.0(c).
suite 200N, Rockville, MD 20852–1448, represents the FDA’s current thinking FOR FURTHER INFORMATION CONTACT:
301–827–6210. on this topic. It does not create or confer Concerning cost methodology, Eva
SUPPLEMENTARY INFORMATION: any rights for or on any person and does Williams, (202) 622–6400; concerning
not operate to bind FDA or the public. the regulations, Matthew Cooper, (202)
I. Background An alternative approach may be used if 622–4940 (not toll-free numbers).
In the Federal Register of February such approach satisfies the
SUPPLEMENTARY INFORMATION:
26, 2004 (69 FR 9120), FDA published requirements of the applicable statutes
a final rule (the February 2004 final and regulations. Background
rule) requiring certain human drug and II. Comments This document amends the
biological products to have on their regulations relating to user fees for the
labels a linear bar code that contains, at Interested persons may, at any time,
special enrollment examination to
a minimum, the drug’s NDC number (21 submit written or electronic comments
become an enrolled agent, the
CFR 201.25). The February 2004 final to the Division of Dockets Management
application for enrollment of enrolled
rule requires also that the container (see ADDRESSES) regarding this
agents, and the renewal of this
label of blood and blood components guidance. Submit a single copy of
enrollment. The charging of user fees is
intended for transfusion bear encoded electronic comments or two paper
authorized by the IOAA of 1952, which
information in a machine-readable copies of any mailed comments, except
is codified at 31 U.S.C. 9701.
format that must be approved for use by that individuals may submit one paper
The IOAA of 1952 authorizes agencies
the Director, Center for Biologics copy. Comments are to be identified
to prescribe regulations that establish
Evaluation and Research (21 CFR with the docket number found in the
charges for services provided by the
606.121(c)(13)). brackets in the heading of this
agency. The charges must be fair and be
In the Federal Register of April 27, document. A copy of the guidance and
based on the costs to the government,
2006 (71 FR 24856), FDA announced the received comments are available for
the value of the service to the recipient,
availability of a final guidance public examination in the Division of
the public policy or interest served, and
‘‘Guidance for Industry: Bar Code Label Dockets Management between 9 a.m.
other relevant facts. The IOAA of 1952
Requirements—Questions and and 4 p.m., Monday through Friday.
provides that regulations implementing
Answers.’’ The purpose of the April III. Electronic Access user fees are subject to policies
2006 guidance was to respond to Persons with access to the Internet prescribed by the President, which are
questions about how the requirements may obtain the guidance at http:// currently set forth in OMB Circular A–
in the February 2004 final rule applied www.fda.gov/cber/guidelines.htm, 25, 58 FR 38142 (July 15, 1993) (the
to specific products or circumstances. http://www.fda.gov/cder/guidance/ OMB Circular).
The questions and answers in the April index.htm, or http://www.fda.gov/ The OMB Circular encourages user
2006 guidance focused on bar codes, not ohrms/dockets/default.htm. fees for government-provided services
machine-readable information on that confer benefits on identifiable
container labels of blood and blood Dated: September 26, 2006. recipients over and above those benefits
components, because most of the Jeffrey Shuren, received by the general public. Under
questions we received at that time Assistant Commissioner for Policy. the OMB Circular, an agency that seeks
focused on bar codes. In the April 2006 [FR Doc. E6–16436 Filed 10–4–06; 8:45 am] to impose a user fee for Government-
guidance, we stated that the guidance BILLING CODE 4160–01–S provided services must calculate its full
may be revised as we receive additional cost of providing those services. In
questions. general, a user fee should be set at an
Following publication of the February DEPARTMENT OF THE TREASURY amount in order for the agency to
2004 final rule and issuance of the April recover the cost of providing the special
2006 guidance, FDA received several Internal Revenue Service service, unless the Office of
additional questions concerning blood Management and Budget grants an
and blood components and the use of 26 CFR Part 300 exception.
machine-readable information. The [TD 9288]
On August 29, 2006, a notice of
answers to these additional questions proposed rulemaking (REG–145154–05)
were provided in the preamble to the RIN 1545–BF68 was published in the Federal Register.
February 2004 final rule. We have Approximately 40 written comments
updated the April 2006 guidance with User Fees Relating to Enrollment responding to the proposed regulations
this additional information to make the AGENCY: Internal Revenue Service (IRS), were received. A public hearing was
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information more accessible and Treasury. held on September 29, 2006, but there
convenient. We consider the changes to ACTION: Final regulations. were no requests to speak at the hearing.
the April 2006 guidance to be level 2 After consideration of the comments,
changes because they set forth existing SUMMARY: This document contains the proposed regulations are adopted by
practices (21 CFR 10.115(c)(2)). amendments to the regulations relating this Treasury decision.

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