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Federal Register / Vol. 72, No.

158 / Thursday, August 16, 2007 / Notices 46087

became effective on June 5, 2006. Prescription Drug, Improvement, and 21024) for this information collection
Specifically, we are seeking OMB Modernization (MMA), Medicare request, we revised our burden
approval for the following terms of Advantage organizations (MAO) and estimates to include the burden
clearance identified in the Notice of Prescription Drug Plans (PDP) are associated with the physician-
Action dated October 16, 2006, of which required to submit an actuarial pricing ownership disclosure and
OMB has requested CMS to monitor the ‘‘bid’’ for each plan offered to Medicare recordkeeping requirement for
paperwork burden required of providers beneficiaries. CMS requires that MAOs outpatient visits. In addition, we revised
and suppliers to determine if the and PDPs complete the BPT as part of the burden associated with the
paperwork requirements impose any the annual bidding process. During this disclosure requirement for critical
unnecessary burden on the industry process, organizations prepare their access hospitals that may not have a
and/or need to be revised in order to proposed actuarial bid pricing for the physician on-site at all times to account
improve the utility of the information. upcoming contract year and submit for outpatient visits as well. Frequency:
After analyzing the documentation them to CMS for review and approval. Reporting—On occasion; Affected
requirements burden, CMS does not The purpose of the BPT is to collect the Public: Business or for-profits, Not-for-
believe that the documentation actuarial pricing information for each profit institutions; Number of
requirements impose any additional plan. The BPT calculates the plan’s bid, Respondents: 2,679; Total Annual
unnecessary burden on the durable enrollee premiums, and payment rates. Responses: 52,984,510; Total Annual
medical equipment (DME) Industry. We Form Number: CMS–10142 (OMB#: Hours: 839,599.
believe that most physicians are already 0938–0944); Frequency: Yearly; Affected To obtain copies of the supporting
conducting a face-to-face examination Public: Business or other for-profit and statement and any related forms for the
before prescribing a wheelchair. Given Not-for-profit institutions; Number of proposed paperwork collections
that physicians and treating Respondents: 550 Total Annual referenced above, access CMS Web site
practitioners can now prescribe power- Responses: 6,050; Total Annual Hours: address at http://www.cms.hhs.gov/
operated vehicles (POVs), thereby 42,350. PaperworkReductionActof1995, or e-
removing the requirement that a 10. Type of Information Collection mail your request, including your
specialist can order a POV, CMS Request: New collection; Title of address, phone number, OMB number,
believes that the increased burden of Information Collection: Disclosures to and CMS document identifier, to
48,600 hours for physicians and treating Patients by Certain Hospitals and Paperwork@cms.hhs.gov, or call the
practitioners is based on the Critical Access Hospitals; Form Reports Clearance Office on (410) 786–
Congressional decision to allow a Numbers: CMS–10225 (OMB#: 0938– 1326.
broader range of physicians and treating New); Use: There is no Medicare Written comments and
practitioners to prescribe POVs. This prohibition against physician recommendations for the proposed
increased burden is offset by the new investment in a hospital or critical information collections must be mailed
payments implemented in connection access hospital (CAH). Likewise, there is or faxed within 30 days of this notice
with the Final Rule, which is no Medicare requirement that a hospital directly to the OMB desk officer:
demonstrated by the shift in or CAH have a physician on-site at all OMB Human Resources and Housing
prescriptions from one class of times, although there is a requirement Branch, Attention: Carolyn Lovett, New
equipment, power wheelchairs, to that they be able to provide basic Executive Office Building, Room 10235,
another class of equipment, POVs. elements of emergency care to their Washington, DC 20503, Fax Number:
In addition, CMS believes that with patients. Medicare quality and safety (202) 395–6974.
the recent coverage decision on Mobility standards are designed to provide a
Dated: August 9, 2007.
Assistive Equipment, the implementing national framework that is sufficiently
details in the Final Rule (e.g., improved Michelle Shortt,
flexible to apply simultaneously to
documentation for suppliers; physician hospitals of varying sizes, offering Director, Regulations Development Group,
and treating practitioner payments; Office of Strategic Operations and Regulatory
varying ranges of services in differing
Affairs.
improved classification of mobility settings across the Nation. At the same
equipment; the elimination of the [FR Doc. E7–16160 Filed 8–15–07; 8:45 am]
time, however, patients might consider
certificate of medical necessity (CMN)), BILLING CODE 4120–01–P
an ownership interest by their referring
and the provider outreach and physician and/or the presence of a
education provided by CMS, the DME physician on-site to be important factors
program safeguard contractors (PSCs) DEPARTMENT OF HEALTH AND
in their decisions about where to seek
and DME Medicare administrative HUMAN SERVICES
hospital care. A well-educated
contractors (MACs), the needs of consumer is essential to improving the Food and Drug Administration
mobility-impaired beneficiaries and the quality and efficiency of the healthcare
needs of suppliers have been better met. system. Accordingly, patients should be [Docket No. 2007N–0306]
Frequency: Recordkeeping—On made aware of the physician ownership
occasion; Affected Public: Business or of a hospital, whether or not a physician Agency Information Collection
for-profits, Not-for-profit institutions, is present in the hospital at all times, Activities; Proposed Collection;
and State, Local or Tribal governments; and the hospital’s plans to address Comment Request; Current Good
Number of Respondents: 38,000; Total patients’ emergency medical conditions Manufacturing Practice Regulations for
Annual Responses: 243,000; Total when a physician is not present. The Type A Medicated Articles
Annual Hours: 48,600. intent of the proposed disclosures are AGENCY: Food and Drug Administration,
9. Type of Information Collection increase the transparency of the HHS.
Request: Extension of a currently hospital’s ownership and operations to
rwilkins on PROD1PC63 with NOTICES

ACTION: Notice.
approved collection; Title of patients as they make decisions about
Information Collection: Bid Pricing Tool receiving care at the hospital. SUMMARY: The Food and Drug
(BPT) for Medicare Advantage (MA) Based on public comments received Administration (FDA) is announcing an
Plans and Prescription Drug Plans during the 60-day comment period for opportunity for public comment on the
(PDPs); Use: Under the Medicare the Federal Register notice (72 FR proposed collection of certain

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46088 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Notices

information by the agency. Under the U.S.C. 3506(c)(2)(A)) requires Federal prevention, cure, mitigation, or
Paperwork Reduction Act of 1995 (the agencies to provide a 60-day notice in treatment of disease or for growth
PRA), Federal agencies are required to the Federal Register concerning each promotion and feed efficiency.
publish notice in the Federal Register proposed collection of information, Statutory requirements for cGMPs for
concerning each proposed collection of including each proposed extension of an Type A medicated articles have been
information, including each proposed existing collection of information, codified under part 226 (21 CFR part
extension of an existing collection of before submitting the collection to OMB 226). Type A medicated articles which
information and to allow 60 days for for approval. To comply with this are not manufactured in accordance
public comment in response to the requirement, FDA is publishing notice with these regulations are considered
notice. This notice solicits comments on of the proposed collection of adulterated under section 501(a)(2)(B) of
the recordkeeping requirements for information set forth in this document. the act. Under part 226, a manufacturer
current good manufacturing practice With respect to the following
is required to establish, maintain, and
(cGMP) regulations for Type A collection of information, FDA invites
retain records for type A medicated
medicated articles. comments on these topics: (1) Whether
articles, including records to document
DATES: Submit written or electronic the proposed collection of information
is necessary for the proper performance procedures required under the
comments on the collection of manufacturing process to assure that
information by October 15, 2007. of FDA’s functions, including whether
the information will have practical proper quality control is maintained.
ADDRESSES: Submit electronic Such records would, for example,
comments on the collection of utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed contain information concerning receipt
information to: http://www.fda.gov/ and inventory of drug components,
dockets/ecomments or http:// collection of information, including the
validity of the methodology and batch production, laboratory assay
www.regulations.gov. Submit written results (i.e., batch and stability testing)
comments on the collection of assumptions used; (3) ways to enhance
the quality, utility, and clarity of the and product distribution.
information to the Division of Dockets
Management (HFA–305), Food and Drug information to be collected; and (4) This information is needed so that
Administration, 5630 Fishers Lane, Rm. ways to minimize the burden of the FDA can monitor drug usage and
1061, Rockville, MD 20852. All collection of information on possible misformulation of Type A
comments should be identified with the respondents, including through the use medicated articles. The information
docket number found in brackets in the of automated collection techniques, could also prove useful to FDA in
heading of this document. when appropriate, and other forms of investigating product defects when a
information technology. drug is recalled. In addition, FDA will
FOR FURTHER INFORMATION CONTACT:
Denver Presley, Jr., Office of the Chief use the cGMP criteria under part 226 to
Current Good Manufacturing Practice
Information Officer (HFA–250), Food Regulations for Type A Medicated determine whether or not the systems
and Drug Administration, 5600 Fishers Articles—21 CFR Part 226 (OMB used by manufacturers of Type A
Lane, Rockville, MD 20857, 301–827– Control Number 0910–0154)—Extension medicated articles are adequate to
1472. assure that their medicated articles meet
Under section 501 of the Federal the requirements of the act as to safety
SUPPLEMENTARY INFORMATION: Under the Food, Drug, and Cosmetic Act (the act) and also meet the article’s claimed
PRA (44 U.S.C. 3501–3520), Federal (21 U.S.C. 351), FDA has the statutory identity, strength, quality, and purity, as
agencies must obtain approval from the authority to issue cGMP regulations for required by section 501(a)(2)(B) of the
Office of Management and Budget drugs, including Type A medicated act.
(OMB) for each collection of articles. A Type A medicated article is
information they conduct or sponsor. a feed product containing a The respondents for Type A
‘‘Collection of information’’ is defined concentrated drug diluted with a feed medicated articles are pharmaceutical
in 44 U.S.C. 3502(3) and 5 CFR carrier substance. A Type A medicated firms that manufacture both human and
1320.3(c) and includes agency requests article is intended solely for use in the veterinary drugs, those firms that
or requirements that members of the manufacture of another Type A produce only veterinary drugs, and
public submit reports, keep records, or medicated article or a Type B or Type commercial feed mills.
provide information to a third party. C medicated feed. Medicated feeds are FDA estimates the burden of this
Section 3506(c)(2)(A) of the PRA (44 administered to animals for the collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


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

226.42 115 260 29,000 0.75 22,425

226.58 115 260 29,000 1.75 52,325

226.80 115 260 29,000 0.75 22,425

226.102 115 260 24,000 1.75 52,325

226.110 115 260 29,000 0.25 7,475


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226.115 115 10 1,150 0.5 575

Total 157,550
1There are no capital costs or operating and maintenance costs associated with this collection of information.

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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Notices 46089

The estimate of the time required for 1061, Rockville, MD 20852. All (21 U.S.C. 351), FDA has the statutory
record preparation and maintenance is comments should be identified with the authority to issue cGMP regulations for
based on agency communications with docket number found in brackets in the drugs, including medicated feeds.
industry. Other information needed to heading of this document. Medicated feeds are administered to
calculate the total burden hours (i.e., FOR FURTHER INFORMATION CONTACT: animals for the prevention, cure,
manufacturing sites, number of Type A Denver Presley, Jr., Office of the Chief mitigation, or treatment of disease, or
medicated articles being manufactured, Information Officer (HFA–250), Food growth promotion and feed efficiency.
etc.) are derived from agency records and Drug Administration, 5600 Fishers Statutory requirements for cGMPs have
and experience. Lane, Rockville, MD 20857, 301–827– been codified under part 225 (21 CFR
Dated: August 9, 2007. 1472. part 225). Medicated feeds that are not
Jeffrey Shuren,
manufactured in accordance with these
SUPPLEMENTARY INFORMATION: Under the
regulations are considered adulterated
Assistant Commissioner for Policy. PRA (44 U.S.C. 3501–3520), Federal
under section 501(a)(2)(B) of the act.
[FR Doc. E7–16087 Filed 8–15–07; 8:45 am] agencies must obtain approval from the
Under part 225, a manufacturer is
BILLING CODE 4160–01–S Office of Management and Budget
required to establish, maintain, and
(OMB) for each collection of
retain records for a medicated feed,
information they conduct or sponsor.
including records to document
DEPARTMENT OF HEALTH AND ‘‘Collection of information’’ is defined
procedures required during the
HUMAN SERVICES in 44 U.S.C. 3502(3) and 5 CFR
manufacturing process to assure that
1320.3(c) and includes agency requests
Food and Drug Administration proper quality control is maintained.
or requirements that members of the
Such records would, for example,
[Docket No. 2007N–0305] public submit reports, keep records, or
contain information concerning receipt
provide information to a third party.
and inventory of drug components,
Agency Information Collection Section 3506(c)(2)(A) of the PRA (44
batch production, laboratory assay
Activities; Proposed Collection; U.S.C. 3506(c)(2)(A)) requires Federal
results (i.e. batch and stability testing),
Comment Request; Current Good agencies to provide a 60-day notice in
labels, and product distribution.
Manufacturing Practice Regulations for the Federal Register concerning each
proposed collection of information, This information is needed so that
Medicated Feeds
including each proposed extension of an FDA can monitor drug usage and
AGENCY: Food and Drug Administration, existing collection of information, possible misformulation of medicated
HHS. before submitting the collection to OMB feeds, to investigate violative drug
ACTION: Notice. for approval. To comply with this residues in products from treated
requirement, FDA is publishing notice animals and to investigate product
SUMMARY: The Food and Drug defects when a drug is recalled. In
of the proposed collection of
Administration (FDA) is announcing an addition, FDA will use the cGMP
information set forth in this document.
opportunity for public comment on the criteria under part 225 to determine
With respect to the following
proposed collection of certain whether or not the systems and
collection of information, FDA invites
information by the agency. Under the procedures used by manufacturers of
comments on these topics: (1) Whether
Paperwork Reduction Act of 1995 (the medicated feeds are adequate to assure
the proposed collection of information
PRA), Federal agencies are required to that their feeds meet the requirements of
is necessary for the proper performance
publish notice in the Federal Register the act as to safety and also that they
of FDA’s functions, including whether
concerning each proposed collection of meet their claimed identity, strength,
the information will have practical
information, including each proposed quality, and purity, as required by
utility; (2) the accuracy of FDA’s
extension of an existing collection of section 501(a)(2)(B) of the act.
estimate of the burden of the proposed
information, and to allow 60 days for A license is required when the
collection of information, including the
public comment in response to the manufacturer of a medicated feed
validity of the methodology and
notice. This notice solicits comments on involves the use of a drug or drugs that
assumptions used; (3) ways to enhance
the recordkeeping requirements for FDA has determined requires more
the quality, utility, and clarity of the
current good manufacturing practice control because of the need for a
information to be collected; and (4)
(cGMP) regulations for medicated feeds. withdrawal period before slaughter or
ways to minimize the burden of the
DATES: Submit written or electronic collection of information on because of carcinogenic concerns.
comments on the collection of respondents, including through the use Conversely, a license is not required and
information by October 15, 2007. of automated collection techniques, the recordkeeping requirements are less
ADDRESSES: Submit electronic when appropriate, and other forms of demanding for those medicated feeds
comments on the collection of information technology. for which FDA has determined that the
information to: http://www.fda.gov/ drugs used in their manufacture need
dockets/ecomments or http:// Current Good Manufacturing Practice less control.
www.regulations.gov. Submit written Regulations for Medicated Feeds—21 Respondents to this collection of
comments on the collection of CFR Part 225 (OMB Control Number information are commercial feed mills
information to the Division of Dockets 0910–0152)—Extension and mixer-feeders.
Management (HFA–305), Food and Drug Under section 501 of the Federal FDA estimates the burden of this
Administration, 5630 Fishers Lane, Rm. Food, Drug, and Cosmetic Act (the act) collection of information as follows:
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