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Federal Register / Vol. 72, No.

79 / Wednesday, April 25, 2007 / Notices 20553

understanding the health effects of (2) Current and historical mineral DEPARTMENT OF HEALTH AND
asbestos and mineral fibers, and fibers exposure measurement data, HUMAN SERVICES
(5) The appropriateness and relevancy including exposure to fiber-like cleavage
of the discussion of the path forward fragments and thoracic-sized fibers at Food and Drug Administration
and whether the ultimate vision is a various types of industries and jobs. [Docket No. 2007N–0014]
reasonable outcome for the proposed (3) Case reports or other health
research strategy for asbestos and Agency Information Collection
information demonstrating health
mineral fibers. Activities; Submission for Office of
effects in workers exposed to mineral
Status: The forum will include Management and Budget Review;
fibers, including exposure to fiber-like
scientists and representatives from Comment Request; Submission of
various government agencies, industry, cleavage fragments and thoracic-sized
Petitions: Food Additive, Color
labor, and other stakeholders, and is fibers.
Additive (Including Labeling), and
open to the public, limited only by the (4) Reports of experimental in vivo, in Generally Recognized as Safe
space available. Persons wanting to vitro, and inhalation studies with Affirmation; Electronic Submission
attend and provide oral comments at the rodents that provide evidence of Using Food and Drug Administration
meeting are requested to notify Diane biopersistence and/or of a dose- Forms 3503 and 3504
Miller no later than May 1, 2007 to relationship between the particle
reserve time for their comments. Those AGENCY: Food and Drug Administration,
dimension (e.g., fiber) of the mineral
interested in attending without HHS.
and its biological activity.
providing oral comments at the meeting ACTION: Notice.
(5) Information on sampling and
also are requested to notify Ms. Miller SUMMARY: The Food and Drug
analytical methods that could be used to
by May 1, 2007 to reserve a seat. Ms. Administration (FDA) is announcing
Miller can be reached by telephone at improve the identification and
differentiation of ‘‘fibers’’ of different that a proposed collection of
513/533–8450 or by e-mail at information has been submitted to the
niocindocket@cdc.gov. Priority for dimensions and composition.
Office of Management and Budget
attendance will be given to those (6) Information on technologies that (OMB) for review and clearance under
providing oral comments. Other could be used to separate thoracic-sized the Paperwork Reduction Act of 1995.
requests to attend the meeting will then fibers, including fiber-like cleavage
DATES: Fax written comments on the
be accommodated on a first-come basis. fragments, into discrete size dimensions collection of information by May 25,
Unreserved walk-in attendees will be in quantities sufficient for conducting 2007.
accommodated on the day of the chronic rodent inhalation studies.
meeting if space is available. ADDRESSES: To ensure that comments on
NIOSH will use this information to the information collection are received,
Persons wanting to provide oral
assess the scientific basis for the draft OMB recommends that written
comments will be permitted up to 15
document and the need to revise comments be faxed to the Office of
minutes. If additional time becomes
available, presenters will be notified. research recommendations. Information and Regulatory Affairs,
Oral comments given at the meeting will Contact Person for Technical OMB, Attn: FDA Desk Officer, FAX:
be recorded and included in the docket. Information: Paul Middendorf, 202–395–6974. All comments should be
Written comments will also be accepted telephone (513) 533–8606, M/S C–9, identified with the OMB control number
at the meeting. Written comments may Robert A. Taft Laboratories, 4676 0910–0016. Also include the FDA
also be submitted to Diane Miller, Columbia Parkway, Cincinnati, Ohio docket number found in brackets in the
Robert A. Taft Laboratories, 4676 45226. heading of this document.
Columbia Parkway, MS C–34, FOR FURTHER INFORMATION CONTACT:
Contact Person for Submitting
Cincinnati, Ohio 45226, telephone 513/ Jonna Capezzuto, Office of the Chief
Comments/Meeting Attendance: Diane
533–8450. All material submitted to the Information Officer (HFA–250), Food
Miller, Robert A. Taft Laboratories, 4676 and Drug Administration, 5600 Fishers
Agency should reference docket number
Columbia Parkway, M/S C–34, Lane, Rockville, MD 20857, 301–827–
NIOSH–099 and must be submitted by
May 31, 2007 (public review closing Cincinnati, Ohio 45226, telephone (513) 4659.
date) to be considered by the Agency. 533–8450. All material submitted to the
SUPPLEMENTARY INFORMATION: In
All electronic comments should be Agency should reference Docket
Number NIOSH–099. compliance with 44 U.S.C. 3507, FDA
formatted as Microsoft Word. Please has submitted the following proposed
make reference to docket number All information received in response collection of information to OMB for
NIOSH–099. to this notice will be available for public review and clearance.
NIOSH seeks to obtain materials, examination and copying at the NIOSH
including published and unpublished Docket Office, 4676 Columbia Parkway, Submission of Petitions: Food Additive,
reports and research findings, relevant Cincinnati, Ohio 45226. Color Additive (Including Labeling),
to the characterization of exposures and and Generally Recognized as Safe
Dated: April 18, 2007. Affirmation; Electronic Submission
possible health risks of occupational
exposure to asbestos and other mineral James D. Seligman, Using Food and Drug Administration
fibers. Examples of requested Chief Information Officer, Centers for Disease Forms 3503 and 3504 (OMB Control
information include, but are not limited Control and Prevention. Number 0910–0016)—Extension
to, the following: [FR Doc. E7–7882 Filed 4–24–07; 8:45 am] Section 409(a) of the Federal Food,
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(1) Identification of industries, BILLING CODE 4163–19–P Drug, and Cosmetic Act (the act) (21
occupations, and processes where U.S.C. 348(a)) provides that a food
exposure to mineral fibers may occur, additive shall be deemed to be unsafe,
including exposure to fiber-like cleavage unless: (1) The additive and its use, or
fragments and thoracic-sized fibers (as intended use, are in conformity with a
defined in the draft NIOSH document). regulation issued under section 409 of

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20554 Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Notices

the act that describes the condition(s) change in the conditions of use process still exists, FDA has not
under which the additive may be safely permitted for a color additive that is received a GRAS affirmation petition
used; (2) the additive and its use, or already approved. Section 71.1 (21 CFR since the establishment of the voluntary
intended use, conform to the terms of an 71.1) specifies the information that a GRAS notification program.
exemption for investigational use; or (3) petitioner must submit to establish the In the Federal Register of July 31,
a food contact notification submitted safety of a color additive and to secure 2001 (66 FR 39517), FDA announced the
under section 409(h) of the act is the issuance of a regulation permitting availability of a draft guidance entitled
effective. Food additive petitions (FAPs) its use. FDA’s color additive labeling ‘‘Draft Guidance for Industry on
are submitted by individuals or requirements in § 70.25 (21 CFR 70.25) Providing Regulatory Submissions to
companies to obtain approval of a new require that color additives that are to be Office of Food Additive Safety in
food additive or to amend the used in food, drugs, devices, or Electronic Format for Food Additive
conditions of use permitted under an cosmetics be labeled with sufficient and Color Additive Petitions.’’ This
existing food additive regulation. information to ensure their safe use. guidance describes the procedures for
Section 171.1 (21 CFR 171.1) specifies Under section 201(s) of the act (21 electronic submission of FAPs and
the information that a petitioner must U.S.C. 321(s)), a substance is generally CAPs using FDA Form 3503 and FDA
submit in order to establish that the recognized as safe (GRAS) if it is Form 3504, respectively.
proposed use of a food additive is safe generally recognized among experts FDA scientific personnel review food
and to secure the publication of a food qualified by scientific training and and color additive and GRAS
additive regulation describing the experience to evaluate its safety, to be affirmation petitions to ensure the safety
conditions under which the additive safe through either scientific procedures of the intended use of the substance in
may be safely used. Parts 172, 173, 179, or common use in food. or on food, or of a food additive that
and 180 (21 CFR parts 172, 173, 179, The act historically has been may be present in food as a result of its
and 180) contain labeling requirements interpreted to permit food use in articles that contact food (or for
for certain food additives to ensure their manufacturers to make their own initial color additives, its use in food, drugs,
safe use. determination that use of a substance in cosmetics, or medical devices).
Section 721(a) of the act (21 U.S.C. food is GRAS and thereafter seek Description of respondents:
379e(a)) provides that a color additive affirmation of GRAS status from FDA. Respondents are businesses engaged in
shall be deemed to be unsafe unless the FDA reviews petitions for affirmation of the manufacture or sale of food, food
additive and its use are in conformity GRAS status that are submitted on a ingredients, color additives, or
with a regulation that describes the voluntary basis by the food industry and substances used in materials that come
condition(s) under which the additive other interested parties under authority into contact with food.
may safely be used, or the additive and of sections 201, 402, 409, and 701 of the In the Federal Register of January 19,
its use conform to the terms of an act (21 U.S.C. 342, 348, and 371). To 2007 (72 FR 2533), FDA published a 60-
exemption for investigational use issued implement the GRAS provisions of the day notice requesting public comment
under section 721(f) of the act. Color act, FDA has set forth procedures for the on the information collection
additive petitions (CAPs) are submitted GRAS affirmation petition process in provisions. FDA received one comment
by individuals or companies to obtain § 170.35(c)(1) (21 CFR 170.35(c)(1)). that was outside the scope of the request
approval of a new color additive or a While the GRAS affirmation petition for comments.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per Total Operating &
21 CFR Section/FDA Form Total Hours
Respondents per Response Responses Response Maintenance Costs

CAPs

70.25, 71.1 3 1 3 1,337 $8,200 4,010

FDA Form 3504 1 1 1 1 0 1

GRAS Affirmation Petitions

170.35 1 or fewer 1 1 or fewer 2,614 0 2,614

FAPs

171.1 6 1 6 7,093 0 42,560

FDA Form 3503 1 1 1 1 0 1

Total $8,200 49,186


1There are no capital costs associated with this collection of information.

The estimate of burden for food hours expended in preparing the persons in the agency and in industry.
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additive, color additive, or GRAS petitions. In compiling these estimates, Although the estimated hour burden
affirmation petitions is based on FDA’s FDA consulted its records of the number varies with the type of petition
experience and the average number of of petitions received in the past 3 years. submitted, an average petition involves
new petitions received in calendar years The figures for hours per response are analytical work and appropriate
2003, 2004, and 2005, and the total based on estimates from experienced toxicological studies, as well as the

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Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Notices 20555

work of drafting the petition itself. The required for paper submissions. The DEPARTMENT OF HEALTH AND
burden varies depending on the agency estimates that one petitioner for HUMAN SERVICES
complexity of the petition, including the both food and color additives will take
amount and types of data needed for advantage of the electronic submission Food and Drug Administration
scientific analysis. process per year. By using the [Docket No. 2006N–0475]
Color additives are subjected to guidelines and forms that FDA is
payment of fees for the petitioning providing, the petitioner will be able to Agency Information Collection
process. The listing fee for a color organize the petition to focus on the Activities; Submission for Office of
additive petition ranges from $1,600 to Management and Budget Review;
information needed for FDA’s safety
$3,000, depending on the intended use Comment Request; Human Tissue
review. Therefore, we estimate that
of the color and the scope of the Intended for Transplantation
requested amendment. A complete petitioners will only need to spend
schedule of fees is set forth in 21 CFR approximately 1 hour completing the AGENCY: Food and Drug Administration,
70.19. An average of two category A and electronic submission application form HHS.
one category B color additive petitions (Form 3503 or 3504, as appropriate) ACTION: Notice.
are expected per year. The maximum because they will have already used the
color additive petition fee for a category guidelines to organize the petition SUMMARY: The Food and Drug
A petition is $2,600 and the maximum information needed for the submission. Administration (FDA) is announcing
color additive petition fee for a category that a proposed collection of
The labeling requirements for food
B petition is $3,000. Since an average of information has been submitted to the
and color additives were designed to Office of Management and Budget
3 color additive petitions are expected specify the minimum information
per calendar year, the estimated total (OMB) for review and clearance under
needed for labeling in order that food the Paperwork Reduction Act of 1995.
annual cost burden to petitioners for and color manufacturers may comply
this start-up cost would be less than or DATES: Fax written comments on the
with all applicable provisions of the act collection of information by May 25,
equal to $8,200 ((2 x $2,600) + (1 x
and other specific labeling acts 2007.
$3,000) = $8,200)). There are no capital
costs associated with color additive administered by FDA. Label information
does not require any additional ADDRESSES: To ensure that comments on
petitions. the information collection are received,
The estimated burden reported in information gathering beyond what is
OMB recommends that written
table 1 of this document does not already required to assure conformance
comments be faxed to the Office of
include the previously estimated burden with all specifications and limitations in
Information and Regulatory Affairs,
for the preparation of FAPs submitted to any given food or color additive
OMB, Attn: FDA Desk Officer, FAX:
amend parts 175 through 178 (21 CFR regulation. Label information does not 202–395–6974. All comments should be
parts 175 through 178). The burden to have any specific recordkeeping identified with the OMB control number
respondents is similar between the requirements unique to preparing the 0910–0302. Also include the FDA
preparation of petitions submitted to label. Therefore, because under § 70.25, docket number found in brackets in the
amend parts 175 through 178 and the labeling requirements for a particular heading of this document.
preparation of a food contact substance color additive involve information FOR FURTHER INFORMATION CONTACT:
notification. In this request for required as part of the CAP safety
extension of OMB approval for the Jonna Capezzuto, Office of the Chief
review process, the estimate for number Information Officer (HFA–250), Food
collection of information for FAPs, FDA of respondents is the same for §§ 70.25
proposes to transfer the collection of and Drug Administration, 5600 Fishers
and 71.1, and the burden hours for Lane, Rockville, MD 20857, 301–827–
information and burden associated with labeling are included in the estimate for
petitions submitted to amend the 4659.
§ 71.1. Also, because labeling SUPPLEMENTARY INFORMATION: In
indirect food additive regulations (parts
175 through 178) from this collection of requirements under parts 172, 173, 179, compliance with 44 U.S.C. 3507, FDA
information (OMB control number and 180 for particular food additives has submitted the following proposed
0910–0016) to the existing collection of involve information required as part of collection of information to OMB for
information for the Food Contact the FAP safety review process under review and clearance.
Substances Notification System (OMB § 171.1, the burden hours for labeling
are included in the estimate for § 171.1. Human Tissue Intended for
control number 0910–0495).
FDA estimates the annual reporting Transplantation (OMB Control Number
In cases where a regulation 0910–0302)—Extension
burden associated with petitions implements a statutory information
submitted to amend parts 175 through collection requirement, only the Under section 361 of the Public
178 to be transferred from OMB control additional burden attributable to the Health Service (PHS) Act (42 U.S.C.
number 0910–0016 to OMB control regulation, if any, has been included in 264), FDA issued regulations to prevent
number 0910–0495. An average of two the transmission of human
FDA’s burden estimate.
indirect food additive petitions are immunodeficiency virus (HIV), hepatitis
expected per calendar year. The Dated: April 18, 2007. B, and hepatitis C, through the use of
estimated total annual hour burden to Jeffrey Shuren, human tissue for transplantation. The
petitioners per petition is 10,995 hours, Assistant Commissioner for Policy. regulations provide for inspection by
for a total burden of 21,990 hours. There [FR Doc. E7–7813 Filed 4–24–07; 8:45 am] FDA of persons and tissue
are no capital costs or operating and establishments engaged in the recovery,
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BILLING CODE 4160–01–S


maintenance costs associated with the screening, testing, processing, storage,
burden hours being transferred from or distribution of human tissue. These
OMB control number 0910–0016 to facilities are required to meet provisions
OMB control number 0910–0495. intended to ensure appropriate
Electronic submissions of petitions screening and testing of human tissue
contain the same petition information donors and to ensure that records are

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