80_FR_73998 80 FR 73771 - Certification Process for Designated Medical Gases; Revised Draft Guidance for Industry; Availability

80 FR 73771 - Certification Process for Designated Medical Gases; Revised Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73771-73774
FR Document2015-29989

The Food and Drug Administration (FDA or Agency) is announcing the availability of a revised draft guidance for industry entitled ``Certification Process for Designated Medical Gases.'' The original version of this draft guidance was published by FDA on December 18, 2012. The revised draft guidance, like the original version, describes the certification process created by the Food and Drug Administration Safety and Innovation Act (FDASIA) for certain medical gases and explains how FDA plans to implement that process. In response to comments received, we have revised the draft guidance and are reissuing it in draft form to enable the public to review and comment before it is finalized.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73771-73774]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29989]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-1197]


Certification Process for Designated Medical Gases; Revised Draft 
Guidance for Industry; Availability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the availability of a revised draft guidance for industry entitled 
``Certification Process for Designated Medical Gases.'' The original 
version of this draft guidance was published by FDA on December 18, 
2012. The revised draft guidance, like the original version, describes 
the certification process created by the Food and Drug Administration 
Safety and Innovation Act (FDASIA) for certain medical gases and 
explains how FDA plans to implement that process. In response to 
comments received, we have revised the draft guidance and are reissuing 
it in draft form to enable the public to review and comment before it 
is finalized.

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 25, 2016. Submit either electronic or written 
comments concerning the collection of information proposed in the draft 
guidance and attached Form 3864 by January 25, 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 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-2012-D-1197 for ``Certification Process for Designated Medical 
Gases; Revised Draft Guidance for Industry; Availability.'' 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

[[Page 73772]]

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 revised 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; or the Communications Staff (HFV-12), Center for Veterinary 
Medicine, Food and Drug Administration, 7519 Standish Pl., Rockville, 
MD 20855. Send one self-addressed adhesive label to assist that office 
in processing your requests. See the SUPPLEMENTARY INFORMATION section 
for electronic access to the revised draft guidance document.

FOR FURTHER INFORMATION CONTACT: Michael Folkendt, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-1900; or Germaine 
Connolly, Center for Veterinary Medicine (HFV-116), Food and Drug 
Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8331.

SUPPLEMENTARY INFORMATION: 

I. Background

    In the Federal Register of December 18, 2012 (77 FR 74852), FDA 
announced the availability of a draft guidance for industry entitled 
``Certification Process for Designated Medical Gases.'' This guidance 
was intended to help persons or entities interested in requesting 
certification of a designated medical gas under the approval process 
for designated medical gases created by the Food and Drug 
Administration Safety and Innovation Act (FDASIA) (Pub. L. 112-144).
    Title XI, subtitle B, of FDASIA added sections 575 and 576 to the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360ddd 
and 360ddd-1), which created a certification process for designated 
medical gases. Specifically, section 575 of the FD&C Act provides that 
oxygen, nitrogen, nitrous oxide, carbon dioxide, helium, carbon 
monoxide, and medical air are designated medical gases. Section 576 of 
the FD&C Act permits any person, beginning on January 5, 2013, to 
request certification of a medical gas for certain indications and 
describes when FDA will grant or deny these requests. The December 2012 
draft guidance explained how FDA planned to implement this new 
certification process. Specifically, the December 2012 draft guidance 
described the medical gases that are eligible for certification, who 
should submit a certification request, what information should be 
submitted, and how FDA will evaluate and act on the request. The 
December 2012 draft guidance also described how the new certification 
requirement will be enforced. Finally, the draft guidance included a 
draft certification request form (Form FDA 3864) and form instructions.
    This notice announces the availability of a revised draft guidance. 
In response to comments received, we have revised the discussions of 
labeling for final use containers (see section II of the revised draft 
guidance) and documentation by a person or entity that markets a 
designated medical gas but is not the original manufacturer or marketer 
of the gas (see section VI of the revised draft guidance). The December 
2012 draft guidance also contained a detailed implementation timeline, 
which has been removed in this revised version because the dates listed 
in the implementation timeline have all passed. FDA has also made small 
revisions to improve readability and address minor technical issues. We 
have not made any changes to the draft certification request form (Form 
FDA 3864) and form instructions that were attached to the 2012 draft 
guidance and are attached to this revised guidance. The revised 
guidance is being reissued in draft form to enable the public to review 
and comment before it is finalized.
    This revised draft guidance is being issued consistent with FDA's 
good guidance practices regulation (21 CFR 10.115). This revised draft 
guidance, when finalized, will represent the current thinking of FDA on 
the certification process for designated medical gases. 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. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act (44 U.S.C. 3501-3520) (the PRA), 
Federal Agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3(c) and includes Agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA (44 
U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information before submitting the collection to OMB for approval. To 
comply with this requirement, FDA is publishing notice of the proposed 
collection of information set forth in this document.
    With respect to the collection of information associated with this 
draft guidance, FDA invites comments on these topics: (1) Whether the 
proposed collection of information is necessary for the proper 
performance of FDA's functions, including whether the information will 
have practical utility; (2) the accuracy of FDA's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques, when appropriate, and other forms of information 
technology.
    Title: Certification Process for Designated Medical Gas.
    Description of Respondents: Respondents to this collection of 
information are original manufacturers and/or marketers and downstream 
manufacturers and/or marketers of certain medical gas drug products.
    Burden Estimate: Under section 576 of the FD&C Act and as explained 
in the revised draft guidance, the following information would be 
submitted to FDA by a person requesting certification of a designated 
medical gas product: A description of the medical gas for which 
certification is sought; the requestor's name, address, and other 
contact information; the name, address, and other contact information 
of the manufacturing facilities involved in the production of the gas; 
and certain affirmations that the gas meets applicable compendial 
standards and

[[Page 73773]]

that the product is manufactured in accordance with current good 
manufacturing practice. Requestors should make certification requests 
using Form FDA 3864 and include a cover letter explaining the nature of 
the submission (as explained in the Instructions page to the form). In 
certain circumstances, FDA may ask followup questions if additional 
information is needed from the requestor to determine whether a medical 
gas qualifies for certification as a designated medical gas.
    If the original information submitted in connection with a 
certification request becomes incomplete or inaccurate at any time, 
including after the request has been granted, the requestor should 
resubmit its certification request, submitting both a complete new form 
and a cover letter clearly explaining the purpose of the resubmission 
and highlighting the updated or corrected information. All updates or 
corrections to the information originally submitted (other than adding 
a new manufacturing facility) should be submitted in this manner. If 
the update or change involves adding a new manufacturing facility, 
requestors should notify FDA of the change by submitting a ``changes 
being effected'' supplement under Sec.  314.70(c) (21 CFR 314.70(c)) or 
Sec.  514.8(b)(3) (21 CFR 514.8(b)(3)). The requestor should also 
update its registration and listing information as needed.
    As explained in the revised draft guidance, section 576 of the FD&C 
Act permits any person to file a request for certification of a medical 
gas as a designated medical gas for certain indications. Based on our 
records, 31 requesters (``number of respondents'' in table 1, row 1) 
submitted 63 certification requests (``total responses'' in table 1, 
row 1) during 2013. Based on our familiarity with the medical gas 
certification process, we estimate that preparing and submitting each 
certification request to FDA (for original submissions and 
resubmissions) takes approximately 2 hours per requestor (``average 
burden per response'' in table 1). This estimate includes the time that 
some requestors may need to reply to any followup questions by FDA. For 
subsequent years, we expect to receive approximately five certification 
requests annually (including any resubmissions) (``total responses'' in 
table 1, row 2). All certification requests include Form FDA 3864 
together with a cover letter explaining the nature of the submission.
    As stated previously, requestors should notify FDA of a change that 
adds a new manufacturing facility by submitting a ``changes being 
effected'' supplement under Sec.  314.70(c) or Sec.  514.8(b)(3). Other 
manufacturing changes, e.g., a change in ownership or closure of a 
particular manufacturing facility, should be made in accordance with 
Sec.  314.70 or Sec.  514.8 as appropriate. FDA has OMB approval under 
control number 0910-0001 for the submission of manufacturing 
supplements under Sec.  314.70. FDA has OMB approval under control 
number 0910-0032 for the submission of supplements for new animal drug 
applications under Sec.  514.8. As described in the revised draft 
guidance, requestors should also update their registration and listing 
information as appropriate. FDA has OMB approval under control number 
0910-0045 for the submission of registration and listing information 
under 21 CFR part 207.
    As described in the revised draft guidance, a person or entity that 
markets a medical gas but is neither the original manufacturer nor the 
original marketer should verify and document that the gas they receive 
is from a certified source. Documentation should include the name of 
the original manufacturer(s) or marketer(s) as well the applicable new 
drug application number or numbers associated with the gas, and the 
information should be verified by reference to the FDA database 
``[email protected].'' Each downstream customer should obtain documentation 
from their immediate supplier. Proper certification by a supplier or 
suppliers should be verified initially for existing suppliers and for 
new suppliers as part of a vendor qualification process. Once a new 
vendor or existing supplier has been qualified initially and the 
certification of the gas or gases confirmed, this documentation can 
consist of an annual letter from the immediate supplier attesting or 
certifying that the gas was originally manufactured at one or more 
firms with granted certifications. Based on our knowledge of the 
medical gas marketplace, we estimate that approximately 4,000 persons 
or entities that market a medical gas (but are neither the original 
manufacturer nor the original marketer) (``number of recordkeepers'' in 
table 2) will document and record that the gas they receive is from a 
certified source. We estimate that each recordkeeper will maintain 
approximately three records per year (``number of records per 
recordkeeper'' in table 2). We also estimate that it will take 
approximately 15 minutes per record to obtain and review the 
documentation (``average burden per recordkeeping'' in table 2).
    Furthermore, we estimate that 3,500 persons or entities (``number 
of respondents'' in table 3) will provide documentation of 
certification. We estimate that each responder will provide 
approximately five disclosures per year (``frequency of disclosure'' in 
table 3). Lastly, we estimate that it will take approximately 15 
minutes per disclosure (``hours per disclosure'' in table 3). This 
burden estimate includes the time required to update the disclosure 
annually and to provide a letter, as described in the revised draft 
guidance, certifying that the gas was originally manufactured at one or 
more firms with granted certifications.
    As stated in the revised draft guidance, section 576(a)(3)(A)(ii) 
of the FD&C Act provides that the labeling requirements at sections 
503(b)(4) and 502(f) of the FD&C Act (21 U.S.C. 353(b)(4) and 352(f), 
respectively) are deemed to have been met for a designated medical gas 
if the labeling on final use containers for the medical gas bears: (1) 
The information required by section 503(b)(4); (2) a warning statement 
concerning the use of the medical gas as determined by the Secretary by 
regulation; and (3) appropriate directions and warnings concerning 
storage and handling. The revised draft guidance states that with 
regard to the warning statement referred to at section 
576(a)(3)(A)(ii)(II) of the FD&C Act, a warning statement applicable to 
carbon dioxide, helium, and nitrous oxide can be found at Sec.  
201.161(a) (21 CFR 201.161(a)). However, no regulation sets forth 
warning statements for the other designated medical gases or for 
combinations of designated medical gases. The revised draft guidance 
states that in the absence of a regulation, FDA recommends that the 
labeling for final use containers containing nitrogen, medical air, 
carbon monoxide, or any medically appropriate combination of designated 
medical gases bear the warning statement set forth at Sec.  201.161(a). 
The revised draft guidance also states that FDA recommends that the 
labeling for oxygen final use containers should convey that 
uninterrupted use of high concentrations of oxygen over a long 
duration, without monitoring its effect on oxygen content of arterial 
blood, may be harmful, and that oxygen should not be used on patients 
who have stopped breathing unless used in conjunction with 
resuscitative equipment. FDA estimates that approximately 4,000 persons 
or entities (as described in the revised draft guidance) (``number of 
respondents'' in table 3) will need to include the labeling information 
described in the revised draft guidance

[[Page 73774]]

on approximately 10,250 gas containers (``frequency of disclosure'' in 
table 3), resulting in approximately 41,000,000 labels (``total 
disclosures'' in table 3). FDA expects that the labeling information 
currently used by industry is already consistent with the 
recommendations in the revised draft guidance. As a result, FDA 
estimates that it will take each person or entity approximately 0.1 
hours (``hours per disclosure'' in table 3) to review the information 
to ensure that their labeling is consistent with the revised draft 
guidance.
    FDA estimates the information collection resulting from the revised 
draft guidance as follows:

                                      Table 1--Estimated Reporting Burden1
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
     Form FDA 3864 and other         Number of       Number of         Total        burden per
      requested information         respondents    responses per     responses     response  (in    Total hours
                                                    respondent                        hours)
----------------------------------------------------------------------------------------------------------------
Certification Requests During                 31            2.03              63               2             126
 the First Year.................
Certification Requests Annually                5               1               5               2              10
 After the First Year...........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             136
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                                    Table 2--Estimated Recordkeeping Burden1
----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden
                                     Number of       Number of                          per
                                   recordkeepers    records per    Total records   recordkeeping    Total hours
                                                   recordkeeper                     (in hours)
----------------------------------------------------------------------------------------------------------------
Verification and documentation             4,000               3          12,000            0.25           3,000
 of certified sources by persons                                                    (15 minutes)
 or entities who market a
 medical gas but are neither the
 original manufacturer nor the
 original marketer..............
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                            Table 3--Estimated Annual Third-Party Disclosure Burden1
----------------------------------------------------------------------------------------------------------------
                                     Number of     Frequency of        Total         Hours per
                                    respondents     disclosure      disclosures     disclosure      Total hours
----------------------------------------------------------------------------------------------------------------
Providing documentation of                 3,500               5          17,500            0.25           4,375
 certification..................                                                    (15 minutes)
Labeling required under section            4,000          10,250      41,000,000             0.1       4,100,000
 576(a)(3)(A)(ii) of the FD&C                                                        (6 minutes)
 Act............................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       4,104,375
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance 
at either http://www.fda.gov/RegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: November 19, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29989 Filed 11-24-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                       Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                           73771

                                                 After considering the citizen petition               DEPARTMENT OF HEALTH AND                               that if you include your name, contact
                                              and reviewing Agency records and                        HUMAN SERVICES                                         information, or other information that
                                              based on the information we have at this                                                                       identifies you in the body of your
                                              time, FDA has determined under                          Food and Drug Administration                           comments, that information will be
                                              § 314.161 that TYLENOL WITH                             [Docket No. FDA–2012–D–1197]
                                                                                                                                                             posted on http://www.regulations.gov.
                                              CODEINE (acetaminophen with codeine                                                                              • If you want to submit a comment
                                              phosphate) oral tablets, 325 mg/7.5 mg,                 Certification Process for Designated                   with confidential information that you
                                              325 mg/15 mg, 325 mg/30 mg, and 325                     Medical Gases; Revised Draft                           do not wish to be made available to the
                                                                                                      Guidance for Industry; Availability                    public, submit the comment as a
                                              mg/60 mg, were not withdrawn for
                                                                                                                                                             written/paper submission and in the
                                              reasons of safety or effectiveness. The                 AGENCY:    Food and Drug Administration,               manner detailed (see ‘‘Written/Paper
                                              petitioner has identified no data or other              HHS.                                                   Submissions’’ and ‘‘Instructions’’).
                                              information suggesting that TYLENOL
                                                                                                      ACTION:   Notice of availability.                      Written/Paper Submissions
                                              WITH CODEINE (acetaminophen with
                                              codeine phosphate) oral tablets, 325 mg/                SUMMARY:    The Food and Drug                             Submit written/paper submissions as
                                              7.5 mg, 325 mg/15 mg, 325 mg/30 mg,                     Administration (FDA or Agency) is                      follows:
                                              and 325 mg/60 mg, were withdrawn for                    announcing the availability of a revised                  • Mail/Hand delivery/Courier (for
                                              reasons of safety or effectiveness. We                  draft guidance for industry entitled                   written/paper submissions): Division of
                                              have carefully reviewed our files for                   ‘‘Certification Process for Designated                 Dockets Management (HFA–305), Food
                                              records concerning the withdrawal of                    Medical Gases.’’ The original version of               and Drug Administration, 5630 Fishers
                                              TYLENOL WITH CODEINE                                    this draft guidance was published by                   Lane, Rm. 1061, Rockville, MD 20852.
                                              (acetaminophen with codeine                             FDA on December 18, 2012. The revised                     • For written/paper comments
                                                                                                      draft guidance, like the original version,             submitted to the Division of Dockets
                                              phosphate) oral tablets, 325 mg/7.5 mg,
                                                                                                      describes the certification process                    Management, FDA will post your
                                              325 mg/15 mg, 325 mg/30 mg, and 325
                                                                                                      created by the Food and Drug                           comment, as well as any attachments,
                                              mg/60 mg, from sale. We have also                                                                              except for information submitted,
                                              independently evaluated relevant                        Administration Safety and Innovation
                                                                                                      Act (FDASIA) for certain medical gases                 marked and identified, as confidential,
                                              literature and data for possible                                                                               if submitted as detailed in
                                              postmarketing adverse events. We have                   and explains how FDA plans to
                                                                                                      implement that process. In response to                 ‘‘Instructions.’’
                                              reviewed the available evidence and                                                                               Instructions: All submissions received
                                              determined that the product was not                     comments received, we have revised the
                                                                                                      draft guidance and are reissuing it in                 must include the Docket No. FDA–
                                              withdrawn from sale for reasons of                                                                             2012–D–1197 for ‘‘Certification Process
                                                                                                      draft form to enable the public to review
                                              safety or effectiveness.                                                                                       for Designated Medical Gases; Revised
                                                                                                      and comment before it is finalized.
                                                 Accordingly, the Agency will                                                                                Draft Guidance for Industry;
                                                                                                      DATES: Although you can comment on
                                              continue to list TYLENOL WITH                                                                                  Availability.’’ Received comments will
                                                                                                      any guidance at any time (see 21 CFR                   be placed in the docket and, except for
                                              CODEINE (acetaminophen with codeine                     10.115(g)(5)), to ensure that the Agency
                                              phosphate) oral tablets, 325 mg/7.5 mg,                                                                        those submitted as ‘‘Confidential
                                                                                                      considers your comment on this draft                   Submissions,’’ publicly viewable at
                                              325 mg/15 mg, 325 mg/30 mg, and 325                     guidance before it begins work on the                  http://www.regulations.gov or at the
                                              mg/60 mg, in the ‘‘Discontinued Drug                    final version of the guidance, submit                  Division of Dockets Management
                                              Product List’’ section of the Orange                    either electronic or written comments                  between 9 a.m. and 4 p.m., Monday
                                              Book. The ‘‘Discontinued Drug Product                   on the draft guidance by January 25,                   through Friday.
                                              List’’ delineates, among other items,                   2016. Submit either electronic or                         • Confidential Submissions—To
                                              drug products that have been                            written comments concerning the                        submit a comment with confidential
                                              discontinued from marketing for reasons                 collection of information proposed in                  information that you do not wish to be
                                              other than safety or effectiveness.                     the draft guidance and attached Form                   made publicly available, submit your
                                              ANDAs that refer to TYLENOL WITH                        3864 by January 25, 2016.                              comments only as a written/paper
                                              CODEINE (acetaminophen with codeine                     ADDRESSES:        You may submit comments              submission. You should submit two
                                              phosphate) oral tablets, 325 mg/7.5 mg,                 as follows:                                            copies total. One copy will include the
                                              325 mg/15 mg, 325 mg/30 mg, and 325                                                                            information you claim to be confidential
                                              mg/60 mg, may be approved by the                        Electronic Submissions                                 with a heading or cover note that states
                                              Agency as long as they meet all other                     Submit electronic comments in the                    ‘‘THIS DOCUMENT CONTAINS
                                              legal and regulatory requirements for                   following way:                                         CONFIDENTIAL INFORMATION.’’ The
                                              the approval of ANDAs. If FDA                             • Federal eRulemaking Portal: http://                Agency will review this copy, including
                                              determines that labeling for this drug                  www.regulations.gov. Follow the                        the claimed confidential information, in
                                              product should be revised to meet                       instructions for submitting comments.                  its consideration of comments. The
                                              current standards, the Agency will                      Comments submitted electronically,                     second copy, which will have the
                                              advise ANDA applicants to submit such                   including attachments, to http://                      claimed confidential information
                                              labeling.                                               www.regulations.gov will be posted to                  redacted/blacked out, will be available
                                                                                                      the docket unchanged. Because your                     for public viewing and posted on http://
                                                Dated: November 20, 2015.                             comment will be made public, you are                   www.regulations.gov. Submit both
                                              Leslie Kux,                                             solely responsible for ensuring that your              copies to the Division of Dockets
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Associate Commissioner for Policy.                      comment does not include any                           Management. If you do not wish your
                                              [FR Doc. 2015–30051 Filed 11–24–15; 8:45 am]            confidential information that you or a                 name and contact information to be
                                              BILLING CODE 4164–01–P
                                                                                                      third party may not wish to be posted,                 made publicly available, you can
                                                                                                      such as medical information, your or                   provide this information on the cover
                                                                                                      anyone else’s Social Security number, or               sheet and not in the body of your
                                                                                                      confidential business information, such                comments and you must identify this
                                                                                                      as a manufacturing process. Please note                information as ‘‘confidential.’’ Any


                                         VerDate Sep<11>2014   19:15 Nov 24, 2015   Jkt 238001   PO 00000   Frm 00074    Fmt 4703   Sfmt 4703   E:\FR\FM\25NON1.SGM   25NON1


                                              73772                   Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                              information marked as ‘‘confidential’’                  FD&C Act) (21 U.S.C. 360ddd and                       requirements of the applicable statutes
                                              will not be disclosed except in                         360ddd-1), which created a certification              and regulations.
                                              accordance with 21 CFR 10.20 and other                  process for designated medical gases.
                                                                                                                                                            II. Paperwork Reduction Act of 1995
                                              applicable disclosure law. For more                     Specifically, section 575 of the FD&C
                                              information about FDA’s posting of                      Act provides that oxygen, nitrogen,                      Under the Paperwork Reduction Act
                                              comments to public dockets, see 80 FR                   nitrous oxide, carbon dioxide, helium,                (44 U.S.C. 3501–3520) (the PRA),
                                              56469, September 18, 2015, or access                    carbon monoxide, and medical air are                  Federal Agencies must obtain approval
                                              the information at: http://www.fda.gov/                 designated medical gases. Section 576 of              from the Office of Management and
                                              regulatoryinformation/dockets/                          the FD&C Act permits any person,                      Budget (OMB) for each collection of
                                              default.htm.                                            beginning on January 5, 2013, to request              information they conduct or sponsor.
                                                 Docket: For access to the docket to                  certification of a medical gas for certain            ‘‘Collection of information’’ is defined
                                              read background documents or the                        indications and describes when FDA                    in 44 U.S.C. 3502(3) and 5 CFR
                                              electronic and written/paper comments                   will grant or deny these requests. The                1320.3(c) and includes Agency requests
                                              received, go to http://                                 December 2012 draft guidance                          or requirements that members of the
                                              www.regulations.gov and insert the                      explained how FDA planned to                          public submit reports, keep records, or
                                              docket number, found in brackets in the                 implement this new certification                      provide information to a third party.
                                              heading of this document, into the                      process. Specifically, the December                   Section 3506(c)(2)(A) of the PRA (44
                                              ‘‘Search’’ box and follow the prompts                   2012 draft guidance described the                     U.S.C. 3506(c)(2)(A)) requires Federal
                                              and/or go to the Division of Dockets                    medical gases that are eligible for                   Agencies to provide a 60-day notice in
                                              Management, 5630 Fishers Lane, Rm.                      certification, who should submit a                    the Federal Register concerning each
                                              1061, Rockville, MD 20852.                              certification request, what information               proposed collection of information
                                                 Submit written requests for single                   should be submitted, and how FDA will                 before submitting the collection to OMB
                                              copies of this revised draft guidance to                evaluate and act on the request. The                  for approval. To comply with this
                                              the Division of Drug Information, Center                December 2012 draft guidance also                     requirement, FDA is publishing notice
                                              for Drug Evaluation and Research, Food                  described how the new certification                   of the proposed collection of
                                              and Drug Administration, 10001 New                      requirement will be enforced. Finally,                information set forth in this document.
                                              Hampshire Ave., Hillandale Building,                                                                             With respect to the collection of
                                                                                                      the draft guidance included a draft
                                              4th Floor, Silver Spring, MD 20993–                                                                           information associated with this draft
                                                                                                      certification request form (Form FDA
                                              0002; or the Communications Staff                                                                             guidance, FDA invites comments on
                                                                                                      3864) and form instructions.
                                              (HFV–12), Center for Veterinary                                                                               these topics: (1) Whether the proposed
                                                                                                         This notice announces the availability             collection of information is necessary
                                              Medicine, Food and Drug                                 of a revised draft guidance. In response              for the proper performance of FDA’s
                                              Administration, 7519 Standish Pl.,                      to comments received, we have revised                 functions, including whether the
                                              Rockville, MD 20855. Send one self-                     the discussions of labeling for final use             information will have practical utility;
                                              addressed adhesive label to assist that                 containers (see section II of the revised             (2) the accuracy of FDA’s estimate of the
                                              office in processing your requests. See                 draft guidance) and documentation by a                burden of the proposed collection of
                                              the SUPPLEMENTARY INFORMATION section                   person or entity that markets a                       information, including the validity of
                                              for electronic access to the revised draft              designated medical gas but is not the                 the methodology and assumptions used;
                                              guidance document.                                      original manufacturer or marketer of the              (3) ways to enhance the quality, utility,
                                              FOR FURTHER INFORMATION CONTACT:                        gas (see section VI of the revised draft              and clarity of the information to be
                                              Michael Folkendt, Center for Drug                       guidance). The December 2012 draft                    collected; and (4) ways to minimize the
                                              Evaluation and Research, Food and                       guidance also contained a detailed                    burden of the collection of information
                                              Drug Administration, 10903 New                          implementation timeline, which has                    on respondents, including through the
                                              Hampshire Ave., Silver Spring, MD                       been removed in this revised version                  use of automated collection techniques,
                                              20993–0002, 301–796–1900; or                            because the dates listed in the                       when appropriate, and other forms of
                                              Germaine Connolly, Center for                           implementation timeline have all                      information technology.
                                              Veterinary Medicine (HFV–116), Food                     passed. FDA has also made small                          Title: Certification Process for
                                              and Drug Administration, 7500 Standish                  revisions to improve readability and                  Designated Medical Gas.
                                              Pl., Rockville, MD 20855, 240–276–                      address minor technical issues. We have                  Description of Respondents:
                                              8331.                                                   not made any changes to the draft                     Respondents to this collection of
                                              SUPPLEMENTARY INFORMATION:                              certification request form (Form FDA                  information are original manufacturers
                                                                                                      3864) and form instructions that were                 and/or marketers and downstream
                                              I. Background                                           attached to the 2012 draft guidance and               manufacturers and/or marketers of
                                                 In the Federal Register of December                  are attached to this revised guidance.                certain medical gas drug products.
                                              18, 2012 (77 FR 74852), FDA announced                   The revised guidance is being reissued                   Burden Estimate: Under section 576
                                              the availability of a draft guidance for                in draft form to enable the public to                 of the FD&C Act and as explained in the
                                              industry entitled ‘‘Certification Process               review and comment before it is                       revised draft guidance, the following
                                              for Designated Medical Gases.’’ This                    finalized.                                            information would be submitted to FDA
                                              guidance was intended to help persons                      This revised draft guidance is being               by a person requesting certification of a
                                              or entities interested in requesting                    issued consistent with FDA’s good                     designated medical gas product: A
                                              certification of a designated medical gas               guidance practices regulation (21 CFR                 description of the medical gas for which
                                              under the approval process for                          10.115). This revised draft guidance,                 certification is sought; the requestor’s
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                                              designated medical gases created by the                 when finalized, will represent the                    name, address, and other contact
                                              Food and Drug Administration Safety                     current thinking of FDA on the                        information; the name, address, and
                                              and Innovation Act (FDASIA) (Pub. L.                    certification process for designated                  other contact information of the
                                              112–144).                                               medical gases. It does not establish any              manufacturing facilities involved in the
                                                 Title XI, subtitle B, of FDASIA added                rights for any person and is not binding              production of the gas; and certain
                                              sections 575 and 576 to the Federal                     on FDA or the public. You can use an                  affirmations that the gas meets
                                              Food, Drug, and Cosmetic Act (the                       alternative approach if it satisfies the              applicable compendial standards and


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                                                                      Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                            73773

                                              that the product is manufactured in                     submitting a ‘‘changes being effected’’               respondents’’ in table 3) will provide
                                              accordance with current good                            supplement under § 314.70(c) or                       documentation of certification. We
                                              manufacturing practice. Requestors                      § 514.8(b)(3). Other manufacturing                    estimate that each responder will
                                              should make certification requests using                changes, e.g., a change in ownership or               provide approximately five disclosures
                                              Form FDA 3864 and include a cover                       closure of a particular manufacturing                 per year (‘‘frequency of disclosure’’ in
                                              letter explaining the nature of the                     facility, should be made in accordance                table 3). Lastly, we estimate that it will
                                              submission (as explained in the                         with § 314.70 or § 514.8 as appropriate.              take approximately 15 minutes per
                                              Instructions page to the form). In certain              FDA has OMB approval under control                    disclosure (‘‘hours per disclosure’’ in
                                              circumstances, FDA may ask followup                     number 0910–0001 for the submission                   table 3). This burden estimate includes
                                              questions if additional information is                  of manufacturing supplements under                    the time required to update the
                                              needed from the requestor to determine                  § 314.70. FDA has OMB approval under                  disclosure annually and to provide a
                                              whether a medical gas qualifies for                     control number 0910–0032 for the                      letter, as described in the revised draft
                                              certification as a designated medical                   submission of supplements for new                     guidance, certifying that the gas was
                                              gas.                                                    animal drug applications under § 514.8.               originally manufactured at one or more
                                                 If the original information submitted                As described in the revised draft                     firms with granted certifications.
                                              in connection with a certification                      guidance, requestors should also update                  As stated in the revised draft
                                              request becomes incomplete or                           their registration and listing information            guidance, section 576(a)(3)(A)(ii) of the
                                              inaccurate at any time, including after                 as appropriate. FDA has OMB approval                  FD&C Act provides that the labeling
                                              the request has been granted, the                       under control number 0910–0045 for the                requirements at sections 503(b)(4) and
                                              requestor should resubmit its                           submission of registration and listing                502(f) of the FD&C Act (21 U.S.C.
                                              certification request, submitting both a                information under 21 CFR part 207.                    353(b)(4) and 352(f), respectively) are
                                              complete new form and a cover letter                       As described in the revised draft
                                                                                                                                                            deemed to have been met for a
                                              clearly explaining the purpose of the                   guidance, a person or entity that
                                                                                                                                                            designated medical gas if the labeling on
                                              resubmission and highlighting the                       markets a medical gas but is neither the
                                                                                                                                                            final use containers for the medical gas
                                              updated or corrected information. All                   original manufacturer nor the original
                                                                                                                                                            bears: (1) The information required by
                                              updates or corrections to the                           marketer should verify and document
                                                                                                                                                            section 503(b)(4); (2) a warning
                                              information originally submitted (other                 that the gas they receive is from a
                                                                                                                                                            statement concerning the use of the
                                              than adding a new manufacturing                         certified source. Documentation should
                                                                                                                                                            medical gas as determined by the
                                              facility) should be submitted in this                   include the name of the original
                                              manner. If the update or change                         manufacturer(s) or marketer(s) as well                Secretary by regulation; and (3)
                                              involves adding a new manufacturing                     the applicable new drug application                   appropriate directions and warnings
                                              facility, requestors should notify FDA of               number or numbers associated with the                 concerning storage and handling. The
                                              the change by submitting a ‘‘changes                    gas, and the information should be                    revised draft guidance states that with
                                              being effected’’ supplement under                       verified by reference to the FDA                      regard to the warning statement referred
                                              § 314.70(c) (21 CFR 314.70(c)) or                       database ‘‘Drugs@FDA.gov.’’ Each                      to at section 576(a)(3)(A)(ii)(II) of the
                                              § 514.8(b)(3) (21 CFR 514.8(b)(3)). The                 downstream customer should obtain                     FD&C Act, a warning statement
                                              requestor should also update its                        documentation from their immediate                    applicable to carbon dioxide, helium,
                                              registration and listing information as                 supplier. Proper certification by a                   and nitrous oxide can be found at
                                              needed.                                                 supplier or suppliers should be verified              § 201.161(a) (21 CFR 201.161(a)).
                                                 As explained in the revised draft                    initially for existing suppliers and for              However, no regulation sets forth
                                              guidance, section 576 of the FD&C Act                   new suppliers as part of a vendor                     warning statements for the other
                                              permits any person to file a request for                qualification process. Once a new                     designated medical gases or for
                                              certification of a medical gas as a                     vendor or existing supplier has been                  combinations of designated medical
                                              designated medical gas for certain                      qualified initially and the certification             gases. The revised draft guidance states
                                              indications. Based on our records, 31                   of the gas or gases confirmed, this                   that in the absence of a regulation, FDA
                                              requesters (‘‘number of respondents’’ in                documentation can consist of an annual                recommends that the labeling for final
                                              table 1, row 1) submitted 63 certification              letter from the immediate supplier                    use containers containing nitrogen,
                                              requests (‘‘total responses’’ in table 1,               attesting or certifying that the gas was              medical air, carbon monoxide, or any
                                              row 1) during 2013. Based on our                        originally manufactured at one or more                medically appropriate combination of
                                              familiarity with the medical gas                        firms with granted certifications. Based              designated medical gases bear the
                                              certification process, we estimate that                 on our knowledge of the medical gas                   warning statement set forth at
                                              preparing and submitting each                           marketplace, we estimate that                         § 201.161(a). The revised draft guidance
                                              certification request to FDA (for original              approximately 4,000 persons or entities               also states that FDA recommends that
                                              submissions and resubmissions) takes                    that market a medical gas (but are                    the labeling for oxygen final use
                                              approximately 2 hours per requestor                     neither the original manufacturer nor                 containers should convey that
                                              (‘‘average burden per response’’ in table               the original marketer) (‘‘number of                   uninterrupted use of high
                                              1). This estimate includes the time that                recordkeepers’’ in table 2) will                      concentrations of oxygen over a long
                                              some requestors may need to reply to                    document and record that the gas they                 duration, without monitoring its effect
                                              any followup questions by FDA. For                      receive is from a certified source. We                on oxygen content of arterial blood, may
                                              subsequent years, we expect to receive                  estimate that each recordkeeper will                  be harmful, and that oxygen should not
                                              approximately five certification requests               maintain approximately three records                  be used on patients who have stopped
                                              annually (including any resubmissions)                  per year (‘‘number of records per                     breathing unless used in conjunction
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                                              (‘‘total responses’’ in table 1, row 2). All            recordkeeper’’ in table 2). We also                   with resuscitative equipment. FDA
                                              certification requests include Form FDA                 estimate that it will take approximately              estimates that approximately 4,000
                                              3864 together with a cover letter                       15 minutes per record to obtain and                   persons or entities (as described in the
                                              explaining the nature of the submission.                review the documentation (‘‘average                   revised draft guidance) (‘‘number of
                                                 As stated previously, requestors                     burden per recordkeeping’’ in table 2).               respondents’’ in table 3) will need to
                                              should notify FDA of a change that adds                    Furthermore, we estimate that 3,500                include the labeling information
                                              a new manufacturing facility by                         persons or entities (‘‘number of                      described in the revised draft guidance


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                                              73774                            Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                              on approximately 10,250 gas containers                                     is already consistent with the                                               information to ensure that their labeling
                                              (‘‘frequency of disclosure’’ in table 3),                                  recommendations in the revised draft                                         is consistent with the revised draft
                                              resulting in approximately 41,000,000                                      guidance. As a result, FDA estimates                                         guidance.
                                              labels (‘‘total disclosures’’ in table 3).                                 that it will take each person or entity                                         FDA estimates the information
                                              FDA expects that the labeling                                              approximately 0.1 hours (‘‘hours per                                         collection resulting from the revised
                                              information currently used by industry                                     disclosure’’ in table 3) to review the                                       draft guidance as follows:

                                                                                                                     TABLE 1—ESTIMATED REPORTING BURDEN1
                                                                                                                                                                                                                                  Average
                                                                                                                                                                         Number of
                                                                                                                                              Number of                                                 Total                   burden per
                                                     Form FDA 3864 and other requested information                                                                     responses per                                                                    Total hours
                                                                                                                                             respondents                                             responses                   response
                                                                                                                                                                         respondent                                              (in hours)

                                              Certification Requests During the First Year .......................                                              31                      2.03                          63                          2              126
                                              Certification Requests Annually After the First Year ...........                                                   5                         1                           5                          2               10

                                                    Total ..............................................................................    ........................   ........................   ........................   ........................            136
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                                TABLE 2—ESTIMATED RECORDKEEPING BURDEN1
                                                                                                                                                                                                                              Average bur-
                                                                                                                                                                          Number of
                                                                                                                                              Number of                                                                       den per rec-
                                                                                                                                                                         records per               Total records                                        Total hours
                                                                                                                                            recordkeepers                                                                      ordkeeping
                                                                                                                                                                        recordkeeper                                            (in hours)

                                              Verification and documentation of certified sources by per-
                                                sons or entities who market a medical gas but are nei-
                                                ther the original manufacturer nor the original marketer                                                   4,000                             3                 12,000                  0.25                    3,000
                                                                                                                                                                                                                                (15 minutes)
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                               TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN1
                                                                                                                                              Number of                 Frequency of                   Total                    Hours per               Total hours
                                                                                                                                             respondents                 disclosure                 disclosures                 disclosure

                                              Providing documentation of certification ..............................                                      3,500                            5                  17,500                   0.25                   4,375
                                                                                                                                                                                                                                (15 minutes)
                                              Labeling required under section 576(a)(3)(A)(ii) of the
                                                FD&C Act .........................................................................                         4,000                   10,250               41,000,000                        0.1              4,100,000
                                                                                                                                                                                                                                  (6 minutes)

                                                    Total ..............................................................................    ........................   ........................   ........................   ........................      4,104,375
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                              III. Electronic Access                                                     DEPARTMENT OF HEALTH AND                                                     V). The public meeting is intended to
                                                                                                                         HUMAN SERVICES                                                               allow FDA to obtain patient
                                                Persons with access to the Internet                                                                                                                   perspectives on the impact of psoriasis,
                                              may obtain the draft guidance at either                                    Food and Drug Administration                                                 including on daily life and patient
                                              http://www.fda.gov/                                                                                                                                     views on treatment approaches. FDA is
                                              RegulatoryInformation/Guidances/                                           [Docket No. FDA–2015–N–4166]                                                 interested in patients’ perspectives for
                                              default.htm or http://                                                                                                                                  the types of psoriasis with primarily
                                                                                                                         Public Meeting on Patient-Focused
                                              www.regulations.gov.                                                                                                                                    skin symptoms (such plaque psoriasis,
                                                                                                                         Drug Development for Psoriasis
                                                Dated: November 19, 2015.                                                                                                                             nail psoriasis, guttate psoriasis, etc.),
                                                                                                                         AGENCY:           Food and Drug Administration,                              patient views on treatment approaches,
                                              Leslie Kux,
                                                                                                                         HHS.                                                                         and decision factors taken into account
                                              Associate Commissioner for Policy.                                                                                                                      when selecting a treatment.
                                                                                                                         ACTION: Notice of public meeting;
                                              [FR Doc. 2015–29989 Filed 11–24–15; 8:45 am]
                                                                                                                         request for comments.                                                        DATES: The public meeting will be held
                                              BILLING CODE 4164–01–P
                                                                                                                                                                                                      on March 17, 2016, from 10 a.m. to 6
                                                                                                                         SUMMARY:    The Food and Drug
                                                                                                                                                                                                      p.m. Registration to attend the meeting
                                                                                                                         Administration (FDA) is announcing a
                                                                                                                                                                                                      must be received by March 10, 2016 (see
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                         public meeting and an opportunity for
                                                                                                                                                                                                      SUPPLEMENTARY INFORMATION for
                                                                                                                         public comment on Patient-Focused
                                                                                                                                                                                                      instructions). Submit electronic or
                                                                                                                         Drug Development for Psoriasis. Patient-
                                                                                                                                                                                                      written comments to the public docket
                                                                                                                         Focused Drug Development is part of
                                                                                                                                                                                                      by May 17, 2016.
                                                                                                                         FDA’s performance commitments made
                                                                                                                         as part of the fifth authorization of the                                    ADDRESSES:             You may submit comments
                                                                                                                         Prescription Drug User Fee Act (PDUFA                                        as follows:


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Document Created: 2018-03-01 11:16:08
Document Modified: 2018-03-01 11:16:08
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 25, 2016. Submit either electronic or written comments concerning the collection of information proposed in the draft guidance and attached Form 3864 by January 25, 2016.
ContactMichael Folkendt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-1900; or Germaine Connolly, Center for Veterinary Medicine (HFV-116), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-276-8331.
FR Citation80 FR 73771 

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