80_FR_73197 80 FR 72972 - Sunscreen Innovation Act: Section 586C(c) Advisory Committee Process; Draft Guidance for Industry; Availability

80 FR 72972 - Sunscreen Innovation Act: Section 586C(c) Advisory Committee Process; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 225 (November 23, 2015)

Page Range72972-72973
FR Document2015-29635

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Sunscreen Innovation Act: Section 586C(c) Advisory Committee Process.'' This draft guidance explains the process by which FDA intends to carry out the section of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Sunscreen Innovation Act (SIA), which governs the convening of advisory committees and the number of requests to be considered per meeting. The recommendations in this draft guidance apply to 586A requests submitted under the FD&C Act and to pending requests as defined by the SIA that seek a determination from FDA on whether a nonprescription sunscreen active ingredient, or a combination of nonprescription sunscreen active ingredients, is generally recognized as safe and effective for use under specified conditions and should be included in the over-the-counter (OTC) sunscreen drug monograph. The SIA describes specific circumstances under which FDA is ``not'' required to convene or submit requests to the Nonprescription Drugs Advisory Committee (NDAC). We are issuing this draft guidance pursuant to the SIA, which directs FDA to issue four guidances on various topics, including this draft guidance.

Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 72972-72973]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29635]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-3990]


Sunscreen Innovation Act: Section 586C(c) Advisory Committee 
Process; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Sunscreen 
Innovation Act: Section 586C(c) Advisory Committee Process.'' This 
draft guidance explains the process by which FDA intends to carry out 
the section of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), 
as amended by the Sunscreen Innovation Act (SIA), which governs the 
convening of advisory committees and the number of requests to be 
considered per meeting. The recommendations in this draft guidance 
apply to 586A requests submitted under the FD&C Act and to pending 
requests as defined by the SIA that seek a determination from FDA on 
whether a nonprescription sunscreen active ingredient, or a combination 
of nonprescription sunscreen active ingredients, is generally 
recognized as safe and effective for use under specified conditions and 
should be included in the over-the-counter (OTC) sunscreen drug 
monograph. The SIA describes specific circumstances under which FDA is 
``not'' required to convene or submit requests to the Nonprescription 
Drugs Advisory Committee (NDAC). We are issuing this draft guidance 
pursuant to the SIA, which directs FDA to issue four guidances on 
various topics, including this draft guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment on this 
draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by January 22, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the

[[Page 72973]]

instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-D-3990 for ``Sunscreen Innovation Act: Section 586C(c) 
Advisory Committee Process; Draft Guidance for Industry.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Kristen Hardin, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 5443, Silver Spring, MD 20993, 240-402-
4246.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Sunscreen Innovation Act: Section 586C(c) Advisory Committee 
Process.'' This draft guidance provides background information on the 
sunscreen OTC monograph process, as well as on the Agency's intended 
process for convening the NDAC. It also recommends procedures for 
sponsors of 586A requests (submitted under section 586A of the FD&C Act 
(21 U.S.C. 360fff-1)) and for sponsors of pending requests (as defined 
by section 586(6) of the FD&C Act (21 U.S.C. 360fff (6))) to follow in 
requesting an NDAC meeting. This draft guidance also explains how FDA 
intends to process these requests and describes the factors the Agency 
may consider in determining whether and when to refer such requests to 
the NDAC.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on the process by 
which the Agency will carry out section 586C(c) of the SIA (Pub. L. 
113-195). It does not establish any rights for any person and is not 
binding on FDA or the public. You can use an alternative approach if it 
satisfies the requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons with access to the Internet may obtain the document at 
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

III. Paperwork Reduction Act of 1995

    This draft guidance contains collections of information that are 
exempt from the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) 
(PRA). Section 586D(a)(1)(C) of the SIA states that the PRA shall not 
apply to collections of information made for purposes of guidance under 
section 586D(a).

    Dated: November 16, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29635 Filed 11-20-15; 8:45 am]
BILLING CODE 4164-01-P



                                             72972                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                                Date and Time: The meeting will be                      Procedure: Interested persons may                  DEPARTMENT OF HEALTH AND
                                             held on Friday, February 19, 2016, from                 present data, information, or views,                  HUMAN SERVICES
                                             8 a.m. to 6 p.m.                                        orally or in writing, on issues pending
                                                Location: Hilton Washington, DC/                     before the committee. Written                         Food and Drug Administration
                                             North, Salons A, B, C, and D, 620 Perry                 submissions may be made to the contact                [Docket No. FDA–2015–D–3990]
                                             Pkwy., Gaithersburg, MD 20877. The                      person on or before February 12, 2016.
                                             hotel telephone number is 301–977-                      Oral presentations from the public will               Sunscreen Innovation Act: Section
                                             8900.                                                   be scheduled between approximately 1                  586C(c) Advisory Committee Process;
                                                Contact Person: Sara Anderson,                                                                             Draft Guidance for Industry;
                                             Center for Devices and Radiological                     p.m. and 2 p.m. Those individuals
                                                                                                     interested in making formal oral                      Availability
                                             Health, Food and Drug Administration,
                                             Bldg. 66, Rm.1643, 10903 New                            presentations should notify the contact               AGENCY:   Food and Drug Administration,
                                             Hampshire Ave., Silver Spring, MD                       person and submit a brief statement of                HHS.
                                             20993, Sara.Anderson@fda.hhs.gov, 301                   the general nature of the evidence or
                                                                                                                                                           ACTION:   Notice of availability.
                                             796–7047, or FDA Advisory Committee                     arguments they wish to present, the
                                             Information Line, 1–800–741–8138                        names and addresses of proposed                       SUMMARY:    The Food and Drug
                                             (301–443–0572 in the Washington, DC                     participants, and an indication of the                Administration (FDA or Agency) is
                                             area). A notice in the Federal Register                 approximate time requested to make                    announcing the availability of a draft
                                             about last minute modifications that                    their presentation on or before February              guidance for industry entitled
                                             impact a previously announced                           4, 2016. Time allotted for each                       ‘‘Sunscreen Innovation Act: Section
                                             advisory committee meeting cannot                       presentation may be limited. If the                   586C(c) Advisory Committee Process.’’
                                             always be published quickly enough to                   number of registrants requesting to                   This draft guidance explains the process
                                             provide timely notice. Therefore, you                   speak is greater than can be reasonably               by which FDA intends to carry out the
                                             should always check the Agency’s Web                    accommodated during the scheduled                     section of the Federal Food, Drug, and
                                             site at http://www.fda.gov/                             open public hearing session, FDA may                  Cosmetic Act (the FD&C Act), as
                                             AdvisoryCommittees/default.htm and                      conduct a lottery to determine the                    amended by the Sunscreen Innovation
                                             scroll down to the appropriate advisory                 speakers for the scheduled open public                Act (SIA), which governs the convening
                                             committee meeting link, or call the                                                                           of advisory committees and the number
                                                                                                     hearing session. The contact person will
                                             advisory committee information line to                                                                        of requests to be considered per
                                                                                                     notify interested persons regarding their
                                             learn about possible modifications                                                                            meeting. The recommendations in this
                                             before coming to the meeting.                           request to speak by February 5, 2016.
                                                                                                                                                           draft guidance apply to 586A requests
                                                Agenda: The Committee will discuss                      Persons attending FDA’s advisory                   submitted under the FD&C Act and to
                                             the premarket application for the DIAM                  committee meetings are advised that the               pending requests as defined by the SIA
                                             Spinal Stabilization System. The DIAM                   Agency is not responsible for providing               that seek a determination from FDA on
                                             Spinal Stabilization System is indicated                access to electrical outlets.                         whether a nonprescription sunscreen
                                             for skeletally mature patients that have                                                                      active ingredient, or a combination of
                                                                                                        FDA welcomes the attendance of the
                                             low back pain (with or without                                                                                nonprescription sunscreen active
                                                                                                     public at its advisory committee
                                             radicular pain) with current episode                                                                          ingredients, is generally recognized as
                                             lasting less than 1 year in duration                    meetings and will make every effort to
                                                                                                     accommodate persons with disabilities.                safe and effective for use under
                                             secondary to moderate lumbar                                                                                  specified conditions and should be
                                             degenerative disc disease (DDD) at a                    If you require accommodations due to a
                                                                                                     disability, please contact AnnMarie                   included in the over-the-counter (OTC)
                                             single level from L2–L5. DDD is                                                                               sunscreen drug monograph. The SIA
                                             confirmed radiographically with one or                  Williams at 301–796–5966 at least 7
                                                                                                                                                           describes specific circumstances under
                                             more of the following factors: (1)                      days in advance of the meeting.
                                                                                                                                                           which FDA is ‘‘not’’ required to convene
                                             Patients must have greater than 2                          FDA is committed to the orderly                    or submit requests to the
                                             millimeters of decreased disc height                    conduct of its advisory committee                     Nonprescription Drugs Advisory
                                             compared to the adjacent level; (2)                     meetings. Please visit our Web site at                Committee (NDAC). We are issuing this
                                             scarring/thickening of the ligamentum                   http://www.fda.gov/                                   draft guidance pursuant to the SIA,
                                             flavum, annulus fibrosis, or facet joint                AdvisoryCommittees/                                   which directs FDA to issue four
                                             capsule; or (3) herniated nucleus                       AboutAdvisoryCommittees/                              guidances on various topics, including
                                             pulposus. The DIAM device is                            ucm111462.htm for procedures on                       this draft guidance.
                                             implanted via a minimally invasive
                                                                                                     public conduct during advisory                        DATES: Although you can comment on
                                             posterior approach.
                                                FDA intends to make background                       committee meetings.                                   any guidance at any time (see 21 CFR
                                             material available to the public no later                  Notice of this meeting is given under              10.115(g)(5)), to ensure that the Agency
                                             than 2 business days before the meeting.                the Federal Advisory Committee Act (5                 considers your comment on this draft
                                             If FDA is unable to post the background                 U.S.C. app. 2).                                       guidance before it begins work on the
                                             material on its Web site prior to the                                                                         final version of the guidance, submit
                                                                                                        Dated: November 13, 2015.                          either electronic or written comments
                                             meeting, the background material will
                                                                                                     Jill Hartzler Warner,                                 on the draft guidance by January 22,
                                             be made publicly available at the
                                             location of the advisory committee                      Associate Commissioner for Special Medical            2016.
                                             meeting, and the background material                    Programs.
                                                                                                                                                           ADDRESSES:    You may submit comments
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                                             will be posted on FDA’s Web site after                  [FR Doc. 2015–29768 Filed 11–20–15; 8:45 am]          as follows:
                                             the meeting. Background material is                     BILLING CODE 4164–01–P
                                             available at http://www.fda.gov/                                                                              Electronic Submissions
                                             AdvisoryCommittees/Calendar/                                                                                    Submit electronic comments in the
                                             default.htm. Scroll down to the                                                                               following way:
                                             appropriate advisory committee meeting                                                                          • Federal eRulemaking Portal: http://
                                             link.                                                                                                         www.regulations.gov. Follow the


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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                 72973

                                             instructions for submitting comments.                   its consideration of comments. The                    586A of the FD&C Act (21 U.S.C. 360fff–
                                             Comments submitted electronically,                      second copy, which will have the                      1)) and for sponsors of pending requests
                                             including attachments, to http://                       claimed confidential information                      (as defined by section 586(6) of the
                                             www.regulations.gov will be posted to                   redacted/blacked out, will be available               FD&C Act (21 U.S.C. 360fff (6))) to
                                             the docket unchanged. Because your                      for public viewing and posted on http://              follow in requesting an NDAC meeting.
                                             comment will be made public, you are                    www.regulations.gov. Submit both                      This draft guidance also explains how
                                             solely responsible for ensuring that your               copies to the Division of Dockets                     FDA intends to process these requests
                                             comment does not include any                            Management. If you do not wish your                   and describes the factors the Agency
                                             confidential information that you or a                  name and contact information to be                    may consider in determining whether
                                             third party may not wish to be posted,                  made publicly available, you can                      and when to refer such requests to the
                                             such as medical information, your or                    provide this information on the cover                 NDAC.
                                             anyone else’s Social Security number, or                sheet and not in the body of your                       This draft guidance is being issued
                                             confidential business information, such                 comments and you must identify this                   consistent with FDA’s good guidance
                                             as a manufacturing process. Please note                 information as ‘‘confidential.’’ Any                  practices regulation (21 CFR 10.115).
                                             that if you include your name, contact                  information marked as ‘‘confidential’’                The draft guidance, when finalized, will
                                             information, or other information that                  will not be disclosed except in                       represent the current thinking of FDA
                                             identifies you in the body of your                      accordance with 21 CFR 10.20 and other                on the process by which the Agency
                                             comments, that information will be                      applicable disclosure law. For more                   will carry out section 586C(c) of the SIA
                                             posted on http://www.regulations.gov.                   information about FDA’s posting of                    (Pub. L. 113–195). It does not establish
                                               • If you want to submit a comment                     comments to public dockets, see 80 FR                 any rights for any person and is not
                                             with confidential information that you                  56469, September 18, 2015, or access                  binding on FDA or the public. You can
                                             do not wish to be made available to the                 the information at: http://www.fda.gov/               use an alternative approach if it satisfies
                                             public, submit the comment as a                         regulatoryinformation/dockets/                        the requirements of the applicable
                                             written/paper submission and in the                     default.htm.                                          statutes and regulations.
                                             manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to
                                             Submissions’’ and ‘‘Instructions’’).                                                                          II. Electronic Access
                                                                                                     read background documents or the
                                                                                                     electronic and written/paper comments                    Persons with access to the Internet
                                             Written/Paper Submissions
                                                                                                     received, go to http://                               may obtain the document at either
                                                Submit written/paper submissions as                  www.regulations.gov and insert the                    http://www.fda.gov/Drugs/Guidance
                                             follows:                                                docket number, found in brackets in the               ComplianceRegulatoryInformation/
                                                • Mail/Hand delivery/Courier (for                                                                          Guidances/default.htm or http://
                                                                                                     heading of this document, into the
                                             written/paper submissions): Division of                                                                       www.regulations.gov.
                                                                                                     ‘‘Search’’ box and follow the prompts
                                             Dockets Management (HFA–305), Food
                                                                                                     and/or go to the Division of Dockets                  III. Paperwork Reduction Act of 1995
                                             and Drug Administration, 5630 Fishers
                                                                                                     Management, 5630 Fishers Lane, Rm.
                                             Lane, Rm. 1061, Rockville, MD 20852.                                                                             This draft guidance contains
                                                • For written/paper comments                         1061, Rockville, MD 20852.
                                                                                                        Submit written requests for single                 collections of information that are
                                             submitted to the Division of Dockets                                                                          exempt from the Paperwork Reduction
                                                                                                     copies of this draft guidance to the
                                             Management, FDA will post your                                                                                Act of 1995 (44 U.S.C. 3501–3520)
                                                                                                     Division of Drug Information, Center for
                                             comment, as well as any attachments,                                                                          (PRA). Section 586D(a)(1)(C) of the SIA
                                                                                                     Drug Evaluation and Research, Food
                                             except for information submitted,                                                                             states that the PRA shall not apply to
                                                                                                     and Drug Administration, 10001 New
                                             marked and identified, as confidential,                                                                       collections of information made for
                                                                                                     Hampshire Ave., Hillandale Building,
                                             if submitted as detailed in                                                                                   purposes of guidance under section
                                                                                                     4th Floor, Silver Spring, MD 20993–
                                             ‘‘Instructions.’’                                                                                             586D(a).
                                                Instructions: All submissions received               0002. Send one self-addressed adhesive
                                                                                                     label to assist that office in processing               Dated: November 16, 2015.
                                             must include the Docket No. FDA–
                                             2015–D–3990 for ‘‘Sunscreen                             your requests. See the SUPPLEMENTARY                  Leslie Kux,
                                                                                                     INFORMATION section for electronic                    Associate Commissioner for Policy.
                                             Innovation Act: Section 586C(c)
                                             Advisory Committee Process; Draft                       access to the draft guidance document.                [FR Doc. 2015–29635 Filed 11–20–15; 8:45 am]
                                             Guidance for Industry.’’ Received                       FOR FURTHER INFORMATION CONTACT:                      BILLING CODE 4164–01–P
                                             comments will be placed in the docket                   Kristen Hardin, Center for Drug
                                             and, except for those submitted as                      Evaluation and Research, Food and
                                             ‘‘Confidential Submissions,’’ publicly                  Drug Administration, 10903 New                        DEPARTMENT OF HEALTH AND
                                             viewable at http://www.regulations.gov                  Hampshire Ave., Bldg. 22, Rm. 5443,                   HUMAN SERVICES
                                             or at the Division of Dockets                           Silver Spring, MD 20993, 240–402–
                                                                                                     4246.                                                 Food and Drug Administration
                                             Management between 9 a.m. and 4 p.m.,
                                             Monday through Friday.                                  SUPPLEMENTARY INFORMATION:                            [Docket No. FDA–2015–D–4033]
                                                • Confidential Submissions—To
                                             submit a comment with confidential                      I. Background                                         Sunscreen Innovation Act:
                                             information that you do not wish to be                     FDA is announcing the availability of              Nonprescription Sunscreen Drug
                                             made publicly available, submit your                    a draft guidance for industry entitled                Products—Content and Format of Data
                                             comments only as a written/paper                        ‘‘Sunscreen Innovation Act: Section                   Submissions; Draft Guidance for
                                             submission. You should submit two                       586C(c) Advisory Committee Process.’’                 Industry; Availability
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                                             copies total. One copy will include the                 This draft guidance provides                          AGENCY:   Food and Drug Administration,
                                             information you claim to be confidential                background information on the                         HHS.
                                             with a heading or cover note that states                sunscreen OTC monograph process, as                   ACTION:   Notice of availability.
                                             ‘‘THIS DOCUMENT CONTAINS                                well as on the Agency’s intended
                                             CONFIDENTIAL INFORMATION.’’ The                         process for convening the NDAC. It also               SUMMARY: The Food and Drug
                                             Agency will review this copy, including                 recommends procedures for sponsors of                 Administration (FDA or Agency) is
                                             the claimed confidential information, in                586A requests (submitted under section                announcing the availability of a draft


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Document Created: 2018-03-01 11:17:46
Document Modified: 2018-03-01 11:17:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by January 22, 2016.
ContactKristen Hardin, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 5443, Silver Spring, MD 20993, 240-402- 4246.
FR Citation80 FR 72972 

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