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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a draft guidance for industry entitled qualify for a waiver of the application Agency Information Collection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draft guidance describes the applications, products, and In compliance with the requirement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 The draft guidance circumstances part of the barrier-to- L. 104–13), the Health Resources and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be assessed fees may be eligible for a This draft guidance is being issued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The draft guidance, when finalized, will Paperwork Reduction Act of 1995.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May 2004 a draft guidance entitled represent the agency’s current thinking request more information on the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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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices 20147

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

Recertification .................................................................................................. 100 1 15 1,500

Total .......................................................................................................... 140 ........................ ........................ 5,500

Send comments to Susan G. Queen, A. Conducts and supervises audits, Section AF.20, Office of Inspector
Ph.D., HRSA Reports Clearance Officer, investigations, inspections and General—Functions
Room 10–33, Parklawn Building, 5600 evaluations relating to HHS programs The component sections that follow
Fishers Lane, Rockville, MD 20857. and operations. describe the specific functions of the
Written comments should be received B. Identifies systemic weaknesses organization.
within 60 days of this notice. giving rise to opportunities for fraud
Section AFA.00, Immediate Office of
Dated: April 12, 2005. and abuse in HHS programs and
the Inspector General—Mission
Tina M. Cheatham, operations and makes recommendations
Director, Division of Policy Review and to prevent their recurrence. The Immediate Office of the Inspector
Coordination. C. Leads and coordinates activities to General (IOIG) is directly responsible for
[FR Doc. 05–7725 Filed 4–15–05; 8:45 am] prevent and detect fraud and abuse in meeting the statutory mission of OIG as
HHS programs and operations. a whole and for promoting effective OIG
BILLING CODE 4165–15–P
internal quality assurance systems,
D. Detects wrongdoers and abusers of including quality assessment studies
HHS programs and beneficiaries so and quality control reviews of OIG
DEPARTMENT OF HEALTH AND appropriate remedies may be brought to
HUMAN SERVICES processes and products. The office also
bear. plans, conducts and participates in a
Office of Inspector General E. Keeps the Secretary and the variety of interagency cooperative
Congress fully and currently informed projects and undertakings relating to
Statement of Organization, Functions, about problems and deficiencies in the fraud and abuse with the Department of
and Delegations of Authority administration of HHS programs and Justice (DOJ), the Centers for Medicare
operations and about the need for and & Medicaid Services (CMS) and other
This notice amends Part A (Office of progress of corrective action, including governmental agencies, and is
the Secretary) of the Statement of imposing sanctions against providers of responsible for the reporting and
Organization, Functions, and health care under Medicare and legislative and regulatory review
Delegations of Authority for the Medicaid who commit certain functions required by the Inspector
Department of Health and Human prohibited acts. General Act.
Services (HHS) to reflect a realignment In support of its mission, OIG carries
of functions and responsibilities within Section AFA.10, Immediate Office of
out and maintains an internal quality the Inspector General—Organization
the Office of Inspector General (OIG). assurance system and a peer review
The statement of organization, system with other Offices of Inspectors IOIG is comprised of the Inspector
functions, and delegations of authority General, including periodic quality General, the Principal Deputy Inspector
conforms to and carries out the statutory assessment studies and quality control General and an immediate office staff,
requirements for operating OIG. Chapter reviews, to provide reasonable including the Office of External Affairs.
AF was last published in its entirety on assurance that applicable laws,
July 2, 2004. Section AFA.20, Immediate Office of
regulations, policies, procedures, the Inspector General—Functions
The realignment of functions and standards, and other requirements are
responsibilities within OIG has been followed, are effective, and are As the senior official of the
done to allow greater staff flexibility and functioning as intended in OIG organization, the Inspector General
to better reflect the current work operations. supervises the Chief Counsel to the
environment and priorities within the Inspector General and the Deputy
organization. In addition, this notice Section AF.10, Office of Inspector Inspectors General, who head the major
sets forth a number of technical changes General—Organization OIG components. The Inspector General
in Chapter AF that serve to update is appointed by the President, with the
There is at the head of OIG a statutory
references to office titles and statutory advice and consent of the Senate, and
Inspector General, appointed by the
authorities. reports to and is under the general
President and confirmed by the Senate.
As amended, Chapter AF now reads supervision of the Secretary or, to the
This office consists of six organizational
as follows: extent such authority is delegated, the
units:
Deputy Secretary, but does not report to
Section AF.00, Office of Inspector A. Immediate Office of the Inspector and is not subject to supervision by any
General—Mission General (AFA) other officer in the Department. In
The Office of Inspector General (OIG) B. Office of Management and Policy keeping with the independence
was established by law as an (AFC) conferred by the Inspector General Act,
independent and objective oversight C. Office of Evaluation and Inspections the Inspector General assumes and
unit of the Department to carry out the (AFE) exercises, through line management, all
mission of promoting economy, functional authorities related to the
efficiency and effectiveness through the D. Office of Counsel to the Inspector administration and management of OIG
elimination of waste, abuse and fraud. General (AFG) and all mission-related authorities
In furtherance of this mission, the E. Office of Audit Services (AFH) stated or implied in the law or delegated
organization: F. Office of Investigations (AFJ) directly from the Secretary.

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