80_FR_14892 80 FR 14838 - Advisory Committee; Antiviral Drugs Advisory Committee; Termination

80 FR 14838 - Advisory Committee; Antiviral Drugs Advisory Committee; Termination

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range14838-14839
FR Document2015-06425

The Food and Drug Administration (FDA) is announcing the termination of the Antiviral Drugs Advisory Committee. This document removes the Antiviral Drugs Advisory Committee from the Agency's list of standing advisory committees.

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14838-14839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06425]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

[Docket No. FDA-2012-N-0218]


Advisory Committee; Antiviral Drugs Advisory Committee; 
Termination

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
termination of the Antiviral Drugs Advisory Committee. This document 
removes the Antiviral Drugs Advisory Committee from the Agency's list 
of standing advisory committees.

DATES: This rule is effective March 20, 2015.

[[Page 14839]]


FOR FURTHER INFORMATION CONTACT: Michael Ortwerth, Advisory Committee 
Oversight and Management Staff, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, 301-
796-8220, FAX: 301-847-8640, or [email protected].

SUPPLEMENTARY INFORMATION: The Antiviral Drugs Advisory Committee was 
established on October 7, 1980 (see 45 FR 79025, November 28, 1980). 
The Committee reviews and evaluates available data concerning the 
safety and effectiveness of marketed and investigational human drug 
products for use in the treatment of acquired immune deficiency 
syndrome, human immunodeficiency virus related illnesses, and other 
viral, fungal and mycobacterial infections. The Committee is no longer 
needed and was terminated on February 15, 2015.
    Under 5 U.S.C. 553(b)(3)(B) and (d) and 21 CFR 10.40(d) and (e), 
the Agency finds good cause to dispense with notice and public comment 
procedures and to proceed to an immediate effective date on this rule. 
Notice and public comment and a delayed effective date are unnecessary 
and are not in the public interest as this final rule merely removes 
the name of the Antiviral Drugs Advisory Committee from the list of 
standing advisory committees in Sec.  14.100 (21 CFR 14.100).
    Therefore, the Agency is amending Sec.  14.100(c) as set forth in 
the regulatory text of this document.

List of Subjects in 21 CFR Part 14

    Administrative practice and procedure, Advisory committees, Color 
additives, Drugs, Radiation protection.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
14 is amended as follows:

PART 14--PUBLIC HEARING BEFORE A PUBLIC ADVISORY COMMITTEE

0
1. The authority citation for 21 CFR part 14 continues to read as 
follows:

    Authority:  5 U.S.C. App. 2; 15 U.S.C. 1451-1461, 21 U.S.C. 41-
50, 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 
U.S.C. 201, 262, 263b, 264; Pub. L. 107-109; Pub. L. 108-155; Pub. 
L. 113-54.


Sec.  14.100  [Amended]

0
2. Section 14.100 is amended by removing paragraph (c)(3) and 
redesignating paragraphs (c)(4) through (18) as paragraphs (c)(3) 
through (17).

    Dated: March 16, 2015.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2015-06425 Filed 3-19-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                14838               Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations

                                                eligible for benefits (see paragraph                      (5) Your daily activities both before               Subpart O—[Amended]
                                                (b)(2)(iv) of this section).                            and after the date you say that you
                                                                                                        became disabled;                                      ■ 16. The authority citation for subpart
                                                   (iii) The provisions of paragraph
                                                                                                                                                              O of part 416 continues to read as
                                                (b)(2)(i) apply to communications                         (6) Your efforts to work; and                       follows:
                                                between you and your non-attorney
                                                                                                          (7) Any other factors showing how                     Authority: Secs. 702(a)(5), 1127, and
                                                representative only if the
                                                                                                        your impairment(s) affects your ability               1631(d) of the Social Security Act (42 U.S.C.
                                                communications would be subject to the
                                                                                                        to work. In §§ 416.960 through                        902(a)(5), 1320a–6, and 1383(d)).
                                                attorney-client privilege, if your non-
                                                                                                        416.969a, we discuss in more detail the
                                                attorney representative were an                                                                               ■ 17. In § 416.1540, revise paragraphs
                                                                                                        evidence we need when we consider
                                                attorney. The provisions of paragraph                                                                         (b)(1) and (b)(2)(i) through (vi) and add
                                                                                                        vocational factors.
                                                (b)(2)(ii) apply to the analysis of your                                                                      paragraph (b)(2)(vii) to read as follows:
                                                claim by your non-attorney                              *     *     *    *     *
                                                                                                                                                              § 416.1540 Rules of conduct and
                                                representative only if the analysis of                                                                        standards of responsibility for
                                                                                                        Subpart N—[Amended]
                                                your claim would be subject to the                                                                            representatives.
                                                attorney work product doctrine, if your                   13. The authority citation for subpart
                                                                                                        ■                                                     *       *    *    *     *
                                                non-attorney representative were an                     N of part 416 continues to read as                       (b) * * *
                                                attorney.                                               follows:                                                 (1) Act with reasonable promptness to
                                                   (iv) The attorney-client privilege                                                                         help obtain the information or evidence
                                                generally protects confidential                           Authority: Secs. 702(a)(5), 1631, and 1633
                                                                                                        of the Social Security Act (42 U.S.C.                 that the claimant must submit under our
                                                communications between an attorney                                                                            regulations, and forward the
                                                                                                        902(a)(5), 1383, and 1383b); sec. 202, Pub. L.
                                                and his or her client that are related to               108–203, 118 Stat. 509 (42 U.S.C. 902 note).          information or evidence to us for
                                                providing or obtaining legal advice. The                                                                      consideration as soon as practicable.
                                                attorney work product doctrine                          ■ 14. Amend § 416.1400 by revising                       (2) * * *
                                                generally protects an attorney’s analysis,              paragraph (b) to read as follows:                        (i) The claimant’s medical source(s);
                                                theories, mental impressions, and notes.                                                                         (ii) The claimant’s age;
                                                In the context of your disability claim,                § 416.1400    Introduction.                              (iii) The claimant’s education and
                                                neither the attorney-client privilege nor               *      *    *      *    *                             training;
                                                the attorney work product doctrine                                                                               (iv) The claimant’s work experience;
                                                                                                           (b) Nature of the administrative
                                                allows you to withhold factual                                                                                   (v) The claimant’s daily activities both
                                                                                                        review process. In making a
                                                information, medical source opinions,                                                                         before and after the date the claimant
                                                                                                        determination or decision in your case,
                                                or other medical evidence that we may                                                                         alleges that he or she became disabled;
                                                                                                        we conduct the administrative review
                                                consider in determining whether or not                                                                           (vi) The claimant’s efforts to work;
                                                                                                        process in an informal, non-adversarial
                                                you are eligible for benefits. For                                                                            and
                                                                                                        manner. Subject to the limitations on
                                                example, if you tell your representative                                                                         (vii) Any other factors showing how
                                                                                                        Appeals Council consideration of
                                                about the medical sources you have                                                                            the claimant’s impairment(s) affects his
                                                                                                        additional evidence (see §§ 416.1470(b)
                                                seen, your representative cannot refuse                                                                       or her ability to work. In §§ 416.960
                                                                                                        and 416.1476(b)), we will consider at
                                                to disclose the identity of those medical                                                                     through 416.969a, we discuss in more
                                                                                                        each step of the review process any
                                                sources to us based on the attorney-                                                                          detail the evidence we need when we
                                                                                                        information you present as well as all
                                                client privilege. As another example, if                                                                      consider vocational factors;
                                                                                                        the information in our records. You may
                                                your representative asks a medical                                                                            *       *    *    *     *
                                                                                                        present the information yourself or have
                                                source to complete an opinion form                                                                            [FR Doc. 2015–05921 Filed 3–19–15; 8:45 am]
                                                                                                        someone represent you, including an
                                                related to your impairment(s),                                                                                BILLING CODE 4191–02–P
                                                                                                        attorney. If you are dissatisfied with our
                                                symptoms, or limitations, your
                                                                                                        decision in the review process, but do
                                                representative cannot withhold the
                                                                                                        not take the next step within the stated
                                                completed opinion form from us based                                                                          DEPARTMENT OF HEALTH AND
                                                                                                        time period, you will lose your right to
                                                on the attorney work product doctrine.                                                                        HUMAN SERVICES
                                                                                                        further administrative review and your
                                                The attorney work product doctrine
                                                                                                        right to judicial review, unless you can
                                                would not protect the source’s opinions                                                                       Food and Drug Administration
                                                                                                        show us that there was good cause for
                                                on the completed form, regardless of
                                                                                                        your failure to make a timely request for
                                                whether or not your representative used                                                                       21 CFR Part 14
                                                                                                        review.
                                                the form in his or her analysis of your
                                                                                                        ■ 15. Revise § 416.1435 to read as                    [Docket No. FDA–2012–N–0218]
                                                claim or made handwritten notes on the
                                                face of the report.                                     follows:
                                                                                                                                                              Advisory Committee; Antiviral Drugs
                                                   (c) Your responsibility. You must                    § 416.1435 Submitting evidence prior to a             Advisory Committee; Termination
                                                inform us about or submit all evidence                  hearing before an administrative law judge.
                                                known to you that relates to whether or                                                                       AGENCY:   Food and Drug Administration,
                                                not you are blind or disabled. When you                    You should submit information or                   HHS.
                                                submit evidence received from another                   evidence as required by § 416.912 or any              ACTION:   Final rule.
                                                source, you must submit that evidence                   summary of the evidence to the
                                                                                                        administrative law judge with the                     SUMMARY:  The Food and Drug
                                                in its entirety, unless you previously
                                                                                                        request for hearing or within 10 days                 Administration (FDA) is announcing the
                                                submitted the same evidence to us or we
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                                                                                                        after filing the request, if possible. Each           termination of the Antiviral Drugs
                                                instruct you otherwise. If we ask you,
                                                                                                        party shall make every effort to ensure               Advisory Committee. This document
                                                you must inform us about:
                                                                                                        that the administrative law judge                     removes the Antiviral Drugs Advisory
                                                   (1) Your medical source(s);                                                                                Committee from the Agency’s list of
                                                                                                        receives all of the evidence (see
                                                   (2) Your age;                                        § 416.912) or all of the evidence is                  standing advisory committees.
                                                   (3) Your education and training;                     available at the time and place set for               DATES: This rule is effective March 20,
                                                   (4) Your work experience;                            the hearing.                                          2015.


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                                                                    Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations                                        14839

                                                FOR FURTHER INFORMATION CONTACT:                           Dated: March 16, 2015.                             of the SUPPLEMENTARY INFORMATION
                                                Michael Ortwerth, Advisory Committee                    Jill Hartzler Warner,                                 section.
                                                Oversight and Management Staff, Food                    Associate Commissioner for Special Medical               Docket: For access to the docket to
                                                and Drug Administration, 10903 New                      Programs.                                             read background documents or
                                                Hampshire Ave., Bldg. 32, Rm. 5129,                     [FR Doc. 2015–06425 Filed 3–19–15; 8:45 am]           objections received, go to http://
                                                Silver Spring, MD 20993–0002, 301–                      BILLING CODE 4164–01–P                                www.regulations.gov and insert the
                                                796–8220, FAX: 301–847–8640, or                                                                               docket number, found in brackets in the
                                                Michael.Ortwerth@fda.hhs.gov.                                                                                 heading of this document, into the
                                                                                                        DEPARTMENT OF HEALTH AND                              ‘‘Search’’ box and follow the prompts
                                                SUPPLEMENTARY INFORMATION:       The
                                                                                                        HUMAN SERVICES                                        and/or go to the Division of Dockets
                                                Antiviral Drugs Advisory Committee
                                                                                                                                                              Management, 5630 Fishers Lane, Rm.
                                                was established on October 7, 1980 (see                 Food and Drug Administration                          1061, Rockville, MD 20852.
                                                45 FR 79025, November 28, 1980). The
                                                Committee reviews and evaluates                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                        21 CFR Part 73                                        Laura A. Dye, Center for Food Safety
                                                available data concerning the safety and
                                                effectiveness of marketed and                           [Docket No. FDA–2013–C–1008]                          and Applied Nutrition (HFS–265), Food
                                                investigational human drug products for                                                                       and Drug Administration, 5100 Paint
                                                use in the treatment of acquired                        Listing of Color Additives Exempt                     Branch Pkwy., College Park, MD 20740–
                                                immune deficiency syndrome, human                       From Certification; Synthetic Iron                    3835, 240–402–1275.
                                                immunodeficiency virus related                          Oxide                                                 SUPPLEMENTARY INFORMATION:
                                                illnesses, and other viral, fungal and                  AGENCY:    Food and Drug Administration,              I. Introduction
                                                mycobacterial infections. The                           HHS.
                                                Committee is no longer needed and was                   ACTION:   Final rule.                                    In a document published in the
                                                terminated on February 15, 2015.                                                                              Federal Register of September 17, 2013
                                                                                                        SUMMARY:    The Food and Drug                         (78 FR 57105), we announced that we
                                                   Under 5 U.S.C. 553(b)(3)(B) and (d)
                                                                                                        Administration (FDA or we) is                         had filed a color additive petition (CAP
                                                and 21 CFR 10.40(d) and (e), the Agency
                                                                                                        amending the color additive regulations               3C0298) submitted by Wm. Wrigley Jr.
                                                finds good cause to dispense with notice
                                                                                                        to provide for the expanded safe use of               Company, c/o Exponent Inc., 1150
                                                and public comment procedures and to
                                                                                                        synthetic iron oxide as a color additive              Connecticut Ave. NW., Suite 1100,
                                                proceed to an immediate effective date
                                                                                                        to include use in soft and hard candy,                Washington, DC 20036 (petitioner). The
                                                on this rule. Notice and public comment
                                                                                                        mints, and chewing gum. This action is                petition proposed to amend the color
                                                and a delayed effective date are
                                                                                                        in response to a petition filed by Wm.                additive regulations in § 73.200
                                                unnecessary and are not in the public
                                                                                                        Wrigley Jr. Company (Wrigley).                        Synthetic Iron Oxide (21 CFR 73.200) by
                                                interest as this final rule merely
                                                                                                        DATES: This rule is effective April 21,               expanding the safe use of synthetic iron
                                                removes the name of the Antiviral Drugs
                                                                                                        2015. See section X for further                       oxide as a color additive to include use
                                                Advisory Committee from the list of
                                                                                                        information on the filing of objections.              in soft and hard candy, mints, and
                                                standing advisory committees in
                                                                                                        Submit either electronic or written                   chewing gum. The petitioner requested
                                                § 14.100 (21 CFR 14.100).
                                                                                                        objections and requests for a hearing by              that the proposed uses be permitted at
                                                   Therefore, the Agency is amending                    April 20, 2015.                                       levels consistent with current good
                                                § 14.100(c) as set forth in the regulatory                                                                    manufacturing practice (GMP). The
                                                                                                        ADDRESSES: You may submit either
                                                text of this document.                                                                                        petition also proposed to lower the
                                                                                                        electronic or written objections and
                                                List of Subjects in 21 CFR Part 14                      requests for a hearing, identified by                 specification limit for lead in synthetic
                                                                                                        Docket No. FDA–2013–C–1008, by any                    iron oxide for human food use from 10
                                                  Administrative practice and                           of the following methods:                             milligrams per kilogram (mg/kg; 10
                                                procedure, Advisory committees, Color                                                                         parts per million (ppm)) to 5 mg/kg (5
                                                additives, Drugs, Radiation protection.                 Electronic Submissions                                ppm).
                                                                                                          Submit electronic objections in the                 II. Background
                                                  Therefore, under the Federal Food,
                                                                                                        following way:
                                                Drug, and Cosmetic Act and under                                                                                 Currently, synthetic iron oxides and
                                                                                                          • Federal eRulemaking Portal: http://
                                                authority delegated to the Commissioner                                                                       their hydrated forms are approved as
                                                                                                        www.regulations.gov. Follow the
                                                of Food and Drugs, 21 CFR part 14 is                                                                          color additives for the following direct
                                                                                                        instructions for submitting comments.
                                                amended as follows:                                                                                           uses in human food, drugs, and
                                                                                                        Written Submissions                                   cosmetics: (1) In sausage casings
                                                PART 14—PUBLIC HEARING BEFORE                                                                                 intended for consumption in an amount
                                                                                                          Submit written objections in the
                                                A PUBLIC ADVISORY COMMITTEE                                                                                   not exceeding 0.10 percent by weight of
                                                                                                        following ways:
                                                                                                          • Mail/Hand delivery/Courier (for                   the finished food (§ 73.200); (2) in
                                                ■ 1. The authority citation for 21 CFR                  paper submissions): Division of Dockets               ingested or topically-applied drugs with
                                                part 14 continues to read as follows:                   Management (HFA–305), Food and Drug                   a limit for ingested drugs of 5
                                                  Authority: 5 U.S.C. App. 2; 15 U.S.C.                 Administration, 5630 Fishers Lane, Rm.                milligrams, calculated as elemental iron,
                                                1451–1461, 21 U.S.C. 41–50, 141–149, 321–               1061, Rockville, MD 20852.                            per day for labeled or prescribed
                                                394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42             Instructions: All submissions received              dosages (21 CFR 73.1200); and (3) in
                                                U.S.C. 201, 262, 263b, 264; Pub. L. 107–109;            must include the Docket No. FDA–                      cosmetics generally, including
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                                                Pub. L. 108–155; Pub. L. 113–54.                        2013–C–1008 for this rulemaking. All                  cosmetics applied to the area of the eye,
                                                § 14.100   [Amended]                                    objections received will be posted                    in amounts consistent with GMP (21
                                                                                                        without change to http://                             CFR 73.2250).
                                                ■ 2. Section 14.100 is amended by                       www.regulations.gov, including any                       Synthetically prepared iron oxides
                                                removing paragraph (c)(3) and                           personal information provided. For                    and their hydrated forms include red
                                                redesignating paragraphs (c)(4) through                 detailed instructions on submitting                   iron oxide, yellow iron oxide, black iron
                                                (18) as paragraphs (c)(3) through (17).                 objections, see the ‘‘Objections’’ heading            oxide, and brown iron oxide, which is


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Document Created: 2015-12-18 11:34:36
Document Modified: 2015-12-18 11:34:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective March 20, 2015.
ContactMichael Ortwerth, Advisory Committee Oversight and Management Staff, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, 301- 796-8220, FAX: 301-847-8640, or [email protected]
FR Citation80 FR 14838 
CFR AssociatedAdministrative Practice and Procedure; Advisory Committees; Color Additives; Drugs and Radiation Protection

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