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Federal Register / Vol. 70, No.

22 / Thursday, February 3, 2005 / Notices 5687

SUMMARY: The Food and Drug Zip Code: issues; (6) mastering regulatory
Administration (FDA) Center for Drug llllllllllllllll compliance; and (7) incentives for small
Evaluation and Research (CDER), in Phone: ( ) lllllll businesses.
collaboration with FDA’s Office of Fax: ( ) Dated: January 28, 2005.
Regulatory Affairs (ORA), Southwest llllllllllllllll Jeffrey Shuren,
Regional Office (SWRO), is announcing E-mail: ( )
Assistant Commissioner for Policy.
a public workshop entitled ‘‘FDA Drug llllllllllllllll
[FR Doc. 05–2098 Filed 2–2–05; 8:45 am]
Educational Forum.’’ This public Transcripts: Transcripts of the public
BILLING CODE 4160–01–S
workshop is intended to provide workshop will not be available due to
information about FDA’s premarket the format of this workshop. Course
requirements to the drug industry, handouts may be requested in writing
DEPARTMENT OF HEALTH AND
particularly small businesses, startups, from the Freedom of Information Office
HUMAN SERVICES
and entrepreneurs. (HFI–35), Food and Drug
Date and Time: The public workshop Administration, 5600 Fishers Lane, rm. Food and Drug Administration
will be held on May 11, 2005, from 8 12A–16, Rockville, MD 20857,
a.m. to 5 p.m. approximately 15 working days after the [Docket No. 2005N–0036]
Location: The public workshop will public workshop at cost of 10 cents per
Use of Color on Pharmaceutical
be held at the Kansas City Health page.
Product Labels, Labeling and
Department Auditorium, 2400 Troost SUPPLEMENTARY INFORMATION: The Packaging; Public Hearing
Ave., Kansas City, MO 64108–2666. For public workshop is being held in
directions to the facility, please call response to the interest in the topics AGENCY: Food and Drug Administration,
816–513–6008, e-mail: discussed from small drug HHS.
health@kcmo.org, or visit http:// manufacturers, startups, and ACTION:Notice of public hearing; request
www.kcmo.org/health.nsf/web/ entrepreneurs in the FDA Southwest for comments.
healthmap?opendocument. (FDA has Region area. FDA, CDER, and ORA
verified the Web site address, but FDA SUMMARY: The Center for Drug
present this public workshop to help
is not responsible for any subsequent achieve objectives set forth in section Evaluation and Research (CDER) of the
changes to the Web site after this 406 of the Food and Drug Food and Drug Administration (FDA) is
document publishes in the Federal Administration Modernization Act of announcing a public hearing on the
Register.) 1997 (21 U.S.C. 393), which include current practice of applying color to
Contact: David Arvelo or Cassandra working closely with stakeholders and pharmaceutical product packaging and
Davis, Food and Drug Administration, maximizing the availability and clarity labeling to help identify, classify, and
4040 N. Central Expressway, suite 900, of information to stakeholders and the differentiate those drug products. To
Dallas, TX 75204–3128, 214–253–4952 public. This is also consistent with the date, there is little scientific evidence
or 214–253–4951, FAX: 214–253–4970, purposes of FDA’s Regional Small that applying color is effective in
e-mail: oraswrsbr@ora.fda.gov. Business Program, which are in part to reducing medication errors.
Registration: Registration begins on respond to industry inquiries, develop Furthermore, there is no validated
April 6, 2005, and ends May 6, 2005. educational materials, sponsor scientific method to corroborate the
Registration is free. Seats are limited, workshops and conferences to provide benefits of using colors on
please register as soon as possible. firms, particularly small businesses, pharmaceuticals in this fashion. FDA
Space will be filled in order of receipt with firsthand working knowledge of does not have a policy pertaining to the
of registration. Those registered will FDA’s requirements and compliance use of colors on drug product packaging.
receive confirmation. Registration will policies. This public workshop is also The purpose of the hearing is to obtain
close after available space fills. consistent with the Small Business public input on the benefits and
Registration at the site will be based on Regulatory Enforcement Fairness Act of potential drawbacks of applying color to
space availability on the day of the 1996 (Public Law 104–121), as outreach drug packaging and labeling to help
event starting at 8 a.m. activities by Government agencies to identify, classify, or differentiate those
If you need special accommodations small businesses. products.
due to disability, please contact David The goal of the public workshop is to DATES: The public hearing will be held
Arvelo or Cassandra Davis (see present information that will enable on March 7, 2005, from 8 a.m. to 4:30
CONTACT) at least 7 days in advance. manufacturers and regulated industry to p.m. Submit written or electronic
Registration Form Instructions: To better comply with the new drug notices of participation and comments
register, complete the following approval process (21 CFR part 314). for consideration at the hearing by
registration form and submit via: Information presented will be based on February 11, 2005. Written or electronic
• E-mail: oraswrsbr@ora.fda.gov, agency position as articulated through comments will be accepted after the
• FAX: 214–253–4970, or regulation, compliance policy guides, hearing until April 7, 2005. The
• Mail to: Food and Drug and information previously made administrative record of the hearing will
Administration, Southwest Regional available to the public. Topics to be remain open until April 7, 2005.
Office, Small Business Representative, discussed at the public workshop ADDRESSES: The public hearing will be
4040 N. Central Expressway, suite 900, include the following: (1) Planning for held at Lister Hill Auditorium, Building
Dallas, TX 75204–3128. successful, efficient, pharmaceutical 38A, on the campus of the National
Name: product approval; (2) current challenges Institutes of Health, Bethesda, MD
llllllllllllllll and concerns for generic abbreviated (Metro stop: Medical Center Station on
Company Name: new animal drug applications (ANDAs); the Red Line). Submit written or
llllllllllllllll (3) regulatory aspects and challenges in electronic notices of participation and
Mailing Address: the development of over-the-counter comments to the Division of Dockets
llllllllllllllll (OTC) Drugs; (4) the basics of chemistry, Management (HFA–305), Food and Drug
City: llllll State:llll manufacturing and control; (5) FDA 483 Administration, 5630 Fishers Lane, rm.

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5688 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices

1061, Rockville, MD 20852; e-mail that resulted in a new color coding III. Notice of Hearing Under 21 CFR
FDADockets@oc.fda.gov; or on the system in which each insulin product Part 15
Internet at http:// would be identified with a distinctive The Commissioner of Food and Drugs
frwebgate.access.gpo.gov/cgi-bin. color. Although some insulin products (the Commissioner) is announcing that
Transcripts of the hearing will be have been approved with the IDF colors, the public hearing will be held in
available for review at the Division of the agency has not taken a position on accordance with part 15 (21 CFR part
Dockets Management and on the whether to fully implement the IDF 15). The presiding officer will be the
Internet at http://frwebgate.access.gpo, color scheme for insulin products, nor Commissioner or his designee. The
approximately 30 days after the hearing. has FDA taken a public position on the presiding officer will be accompanied
FOR FURTHER INFORMATION CONTACT: acceptability of adopting any other color by a panel of FDA employees with
Mary C. Gross, Center for Drug scheme currently in use. relevant expertise.
Evaluation and Research (HFD–400), A number of drug product and device Persons who wish to participate in the
Food and Drug Administration, 5600 manufacturers use color schemes as part 15 hearing must file a written or
Fishers Lane, Rockville, MD 20857, described previously in this document electronic notice of participation with
301–827–3216, grossm@cder.fda.gov. in an effort to facilitate the selection and the Division of Dockets Management
SUPPLEMENTARY INFORMATION: dispensing of drugs. For example, (see ADDRESSES and DATES). To ensure
ophthalmic, anesthetic, dental, and timely handling, any outer envelope
I. Background insulin drug products, as well as should be clearly marked with the
The following color techniques are medical devices, all use color to docket number listed in brackets in the
used on pharmaceutical products and classify, identify, or differentiate drugs heading of this notice along with the
medical devices: among the same class or facilitate the statement ‘‘Use of Color on Drug
• Color Coding—Color coding is the correct use of medical devices. Product Packaging Hearing.’’ Groups
systematic standard application of color Individual practitioner groups often should submit two written copies. The
to aid in the classification and endorse the use of colors to help notice of participation should contain
identification of drug products. A color differentiate among drugs. Many drugs the potential presenter’s name; address;
coding system allows people to are marketed with similar labeling and telephone number; affiliation, if any; the
memorize a color and match it to its labels which contributes to an already sponsor of the presentation (e.g., the
function. complex prescribing and dispensing organization paying travel expenses or
• Color Differentiation—Color environment. Sight challenged fees), if any; a brief summary of the
differentiation involves the use of color ophthalmic patients count on color presentation; and the approximate
to make certain features on the package coding to identify their products. amount of time requested for the
stand out or to help distinguish one Patient safety groups, however, argue presentation. The agency requests that
item from another. The color itself is not that broad application of color interested persons and groups having
a standard code that is applied techniques is unproven, controversial, similar interests consolidate their
systematically to classify and identify and could be a contributing factor in comments and present them through a
the product, as with color coding. medication errors.1 single representative. After reviewing
• Color Branding—Color branding is a II. Scope of the Hearing the notices of participation and
newly applied concept introduced by a accompanying information, FDA will
single manufacturer of insulin products. FDA is interested in obtaining public schedule each appearance and notify
Color branding is used to differentiate comment on the following issues: each participant of the time allotted to
one drug product from another and is • How and under what circumstances the presenter and the approximate time
managed by the individual sponsor. The has the use of color on pharmaceutical that presenter’s oral testimony is
sponsor recommended this tool in an packaging and/or labeling demonstrated scheduled to begin. If time permits, FDA
effort to minimize error between an an improvement in patient care? If there may allow interested persons attending
insulin analogue and another product is no discernible improvement, please the hearing who did not submit a
containing a mix of insulin analogues. describe what you consider to be written or electronic notice of
• Color Matching—Color matching is deficiencies in the program. participation in advance to make an oral
sometimes applied in an effort to reduce • Are there specific classes of drugs presentation at the conclusion of the
the risk of errors. For example, a where use of color has demonstrated hearing. The hearing schedule will be
medical device may have a blue plug value? Are there classes where use of available at the hearing. After the
that attaches to a blue receptacle and a color is a hindrance to public safety? hearing, the schedule will be placed on
yellow plug that attaches to a yellow • Are there drug products currently file in the Division of Dockets
receptacle. However, the colors have no marketed that do not use color but Management (see ADDRESSES) under the
special meaning beyond matching one should use color to aid in identification docket number listed in brackets in the
item with another. of the drug? If so, how should color be heading of this notice.
In the Federal Register of May 13, used? Under § 15.30(f), the hearing is
1998 (63 FR 26694), FDA published a • How should the effectiveness of informal, and the rules of evidence do
direct final rule entitled ‘‘Removal of application of color on drug products be not apply. No participant may interrupt
Regulations Regarding Certification of scientifically validated? the presentation of another participant.
Drugs Composed Wholly or Partly of Only the presiding officer and panel
1Citations regarding the role of color coding and
Insulin.’’ Included in the rule was the members may question any person
medication error reduction may be accessed at
removal of § 429.12 (21 CFR 429.12) that Report 5 of the Council on Scientific Affairs (A–04) during or at the conclusion of each
contained a distinguishing color scheme Full Text—The Role of Color Coding in Medication presentation.
for insulin products. At that time, the Error Reduction. The article is accessible at: http:/ Public hearings under part 15 are
agency was favorably impressed with /www.ama-assn.org/ama/pub/category/13662.html subject to FDA’s policy and procedures
(FDA has verified the Web site address but is not
the cooperative effort between the responsible for subsequent changes to the Web site
for electronic media coverage of FDA’s
insulin manufacturers and the after this document publishes in the Federal public administrative proceedings (21
International Diabetes Foundation (IDF) Register.) CFR part 10, subpart C). Under§ 10.205

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Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Notices 5689

(21 CFR 10.205), representatives of the Place: Sheraton National Hotel, 900 DEPARTMENT OF HEALTH AND
electronic media may be permitted, South Orme Street, Arlington, Virginia HUMAN SERVICES
subject to certain limitations, to 22204, (703) 521–1900.
videotape, film, or otherwise record Substance Abuse and Mental Health
Status: The meeting is open to the
FDA’s public administrative Services Administration
public with attendance limited to space
proceedings, including presentations by
availability. Current List of Laboratories Which
participants. The hearing will be
transcribed as stipulated in § 15.30(b). Purpose: The Committee provides Meet Minimum Standards To Engage in
The transcript will be available on the advice and recommendations to the Urine Drug Testing for Federal
Internet at http://www.fda.gov/ohrms/ Secretary of Health and Human Services Agencies
dockets, and orders for copies of the on the following: Department programs AGENCY: Substance Abuse and Mental
transcript can be placed at the meeting that are directed at reducing infant Health Services Administration, HHS.
or through the Division of Dockets mortality and improving the health ACTION: Notice.
Management (see ADDRESSES). status of pregnant women and infants;
Any handicapped persons requiring factors affecting the continuum of care SUMMARY: The Department of Health and
special accommodations to attend the with respect to maternal and child Human Services (HHS) notifies Federal
hearing should direct those needs to the health care, including outcomes agencies of the laboratories currently
contact person (see FOR FURTHER following childbirth; strategies to certified to meet the standards of
INFORMATION CONTACT). coordinate the variety of Federal, State, Subpart C of the Mandatory Guidelines
To the extent that the conditions for local and private programs and efforts for Federal Workplace Drug Testing
the hearing, as described in this notice, Programs (Mandatory Guidelines). The
that are designed to deal with the health
conflict with any provisions set out in Mandatory Guidelines were first
and social problems impacting on infant
part 15, this notice acts as a waiver of published in the Federal Register on
these provisions as specified in mortality; and the implementation of
the Healthy Start program and Healthy April 11, 1988 (53 FR 11970), and
§ 15.30(h). subsequently revised in the Federal
People 2010 infant mortality objectives.
IV. Comments Register on June 9, 1994 (59 FR 29908),
Agenda: Topics that will be discussed on September 30, 1997 (62 FR 51118),
Interested persons may submit to the include the following: Improving and on April 13, 2004 (69 FR 19644).
Division of Dockets Management (see Perinatal Data; Neonatal Intensive Care A notice listing all currently certified
ADDRESSES) written or electronic notices and Ethical Issues; and Provider laboratories is published in the Federal
of participation and comments for Reimbursement Issues. Substantial time Register during the first week of each
consideration at the hearing (see DATES). will be spent in small group and full month. If any laboratory’s certification
Submit a single copy of written or Committee discussions aimed at is suspended or revoked, the laboratory
electronic notices of participation and formulating the ACIM issues agenda. will be omitted from subsequent lists
comments, or two paper copies of any Proposed agenda items are subject to until such time as it is restored to full
mailed notices of participation and certification under the Mandatory
change as priorities indicate.
comments, except that individuals may Guidelines.
submit one copy. Comments are to be Time will be provided for public
If any laboratory has withdrawn from
identified with the docket number comments limited to five minutes each; the HHS National Laboratory
found in brackets in the heading of this comments are to be submitted no later Certification Program (NLCP) during the
document. Received comments may be than February 15, 2005. past month, it will be listed at the end,
seen in the Division of Dockets FOR FURTHER INFORMATION CONTACT: and will be omitted from the monthly
Management between 9 a.m. and 4 p.m., listing thereafter.
Anyone requiring information regarding
Monday through Friday. This notice is also available on the
the Committee should contact Peter C.
Dated: January 28, 2005. van Dyck, M.D., M.P.H., Executive Internet at http://workplace.samhsa.gov
Jeffrey Shuren, Secretary, ACIM, Health Resources and and http://www.drugfreeworkplace.gov.
Assistant Commissioner for Policy. Services Administration (HRSA), Room FOR FURTHER INFORMATION CONTACT: Mrs.
[FR Doc. 05–2094 Filed 1–31–05; 3:37 pm] 18–05, Parklawn Building, 5600 Fishers Giselle Hersh or Dr. Walter Vogl,
BILLING CODE 4160–01–S Lane, Rockville, MD 20857, Telephone: Division of Workplace Programs,
(301) 443–2170. SAMHSA/CSAP, Room 2–1035, 1 Choke
Cherry Road, Rockville, Maryland
DEPARTMENT OF HEALTH AND Individuals who are submitting public 20857; (240) 276–2600 (voice), (240)
HUMAN SERVICES comments or who have questions 276–2610 (fax).
regarding the meeting should contact SUPPLEMENTARY INFORMATION: The
Health Resources and Services Ann M. Koontz, C.N.M., Dr. P.H., HRSA, Mandatory Guidelines were developed
Administration Maternal and Child Health Bureau, in accordance with Executive Order
telephone: (301) 443–6327, e-mail: 12564 and section 503 of Pub. L. 100–
Advisory Committee on Infant akoontz@hrsa.gov. 71. Subpart C of the Mandatory
Mortality; Notice of Meeting Guidelines, ‘‘Certification of
Dated: January 31, 2005.
In accordance with section 10(a)(2) of Steven A. Pelovitz, Laboratories Engaged in Urine Drug
the Federal Advisory Committee Act Testing for Federal Agencies,’’ sets strict
Associate Administrator for Administration
(Pub. L. 92–463), notice is hereby given standards that laboratories must meet in
and Financial Management.
of the following meeting: order to conduct drug and specimen
[FR Doc. 05–2102 Filed 2–2–05; 8:45 am]
Name: Advisory Committee on Infant validity tests on urine specimens for
BILLING CODE 4165–15–P Federal agencies. To become certified,
Mortality (ACIM).
Dates and Times: March 1, 2005, 9 an applicant laboratory must undergo
a.m.–5 p.m. March 2, 2005, 8:30 a.m.– three rounds of performance testing plus
3 p.m. an on-site inspection. To maintain that

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