81_FR_12781 81 FR 12734 - Agency Information Collection Activities; Comment Request; Guidance for Industry and Food and Drug Administration Staff on Dear Health Care Provider Letters: Improving Communication of Important Safety Information

81 FR 12734 - Agency Information Collection Activities; Comment Request; Guidance for Industry and Food and Drug Administration Staff on Dear Health Care Provider Letters: Improving Communication of Important Safety Information

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12734-12735
FR Document2016-05301

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection associated with the guidance for industry and FDA staff entitled ``Dear Health Care Provider Letters: Improving Communication of Important Safety Information.'' This guidance offers specific recommendations to industry on the content and format of Dear Health Care Provider (DHCP) letters. These letters are sent by manufacturers or distributors to health care providers to communicate an important drug warning, a change in prescribing information, or a correction of misinformation in prescription drug promotional labeling or advertising. This guidance provides recommendations on when to use a DHCP letter, the types of information to include in the DHCP letter, how to organize the information so that it is communicated effectively to health care providers, and formatting techniques to make the information more accessible.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12734-12735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05301]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0319]


Agency Information Collection Activities; Comment Request; 
Guidance for Industry and Food and Drug Administration Staff on Dear 
Health Care Provider Letters: Improving Communication of Important 
Safety Information

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the information collection 
associated with the guidance for industry and FDA staff entitled ``Dear 
Health Care Provider Letters: Improving Communication of Important 
Safety Information.'' This guidance offers specific recommendations to 
industry on the content and format of Dear Health Care Provider (DHCP) 
letters. These letters are sent by manufacturers or distributors to 
health care providers to communicate an important drug warning, a 
change in prescribing information, or a correction of misinformation in 
prescription drug promotional labeling or advertising. This guidance 
provides recommendations on when to use a DHCP letter, the types of 
information to include in the DHCP letter, how to organize the 
information so that it is communicated effectively to health care 
providers, and formatting techniques to make the information more 
accessible.

DATES: Submit either electronic or written comments on the collection 
of information by May 9, 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-2010-D-0319 for Guidance for Industry and Food and Drug 
Administration Staff on Dear Health Care Provider Letters: Improving 
Communication of Important Safety Information. 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

[[Page 12735]]

Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), 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, including 
each proposed extension of an existing 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 following collection of information, 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.

Guidance for Industry and Food and Drug Administration Staff on Dear 
Health Care Provider Letters: Improving Communication of Important 
Safety Information OMB Control Number 0910-0754--Extension

    This final Guidance for Industry and FDA staff entitled ``Dear 
Health Care Provider Letters: Improving Communication of Important 
Safety Information'' offers specific guidance to industry and FDA staff 
on the content and format of Dear Health Care Provider (DHCP) letters. 
These letters are sent by manufacturers or distributors to health care 
providers to communicate an important drug warning, a change in 
prescribing information, or a correction of misinformation in 
prescription drug promotional labeling or advertising.
    This guidance gives specific instruction on what should and should 
not be included in DHCP letters. To date, some DHCP letters have been 
too long, have contained promotional material, or otherwise have not 
met the goals set forth in the applicable regulation (21 CFR 200.5). In 
some cases, health care providers have not been aware of important new 
information, and have been unable to communicate it to patients, 
because the letters' content and length have made it difficult to find 
the relevant information. In addition, letters have sometimes been sent 
for the wrong reasons.
    In addition to content and format recommendations for each type of 
DHCP letter, the guidance also includes advice on consulting with FDA 
to develop a DHCP letter, when to send a letter, what type of letter to 
send, and conducting an assessment of the letter's impact.
    Based on a review of FDA's Document Archiving, Reporting, and 
Regulatory Tracking System for 2012-2015, we identified DHCP letters 
that were sent and the identity of each sponsor sending out a DHCP 
letter for each year. We estimate that we will receive approximately 25 
DHCP Letters annually from approximately 18 application holders. FDA 
professionals familiar with DHCP letters and with the recommendations 
in the guidance estimate that it should take an application holder 
approximately 100 hours to prepare and send DHCP letters in accordance 
with the guidance.
    FDA estimates the annual reporting burden of this collection of 
information as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
           Activity                Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Annual Average................              18             1.4              25  100 hours.......           2,500
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: March 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-05301 Filed 3-9-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                  12734                        Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices

                                                  Additional Information                                  with the guidance for industry and FDA                   • For written/paper comments
                                                    Copies of the proposed collection may                 staff entitled ‘‘Dear Health Care Provider            submitted to the Division of Dockets
                                                  be obtained by writing to the                           Letters: Improving Communication of                   Management, FDA will post your
                                                  Administration for Children and                         Important Safety Information.’’ This                  comment, as well as any attachments,
                                                  Families, Office of Planning, Research                  guidance offers specific                              except for information submitted,
                                                  and Evaluation, 330 C Street SW.,                       recommendations to industry on the                    marked and identified, as confidential,
                                                  Washington, DC 20201. Attention                         content and format of Dear Health Care                if submitted as detailed in
                                                  Reports Clearance Officer. All requests                 Provider (DHCP) letters. These letters                ‘‘Instructions.’’
                                                  should be identified by the title of the                are sent by manufacturers or distributors                Instructions: All submissions received
                                                  information collection. Email address:                  to health care providers to communicate               must include the Docket No. FDA–
                                                  infocollection@acf.hhs.gov.                             an important drug warning, a change in                2010–D–0319 for Guidance for Industry
                                                                                                          prescribing information, or a correction              and Food and Drug Administration Staff
                                                  OMB Comment                                             of misinformation in prescription drug                on Dear Health Care Provider Letters:
                                                     OMB is required to make a decision                   promotional labeling or advertising.                  Improving Communication of Important
                                                  concerning the collection of information                This guidance provides                                Safety Information. Received comments
                                                  between 30 and 60 days after                            recommendations on when to use a                      will be placed in the docket and, except
                                                  publication of this document in the                     DHCP letter, the types of information to              for those submitted as ‘‘Confidential
                                                  Federal Register. Therefore, a comment                  include in the DHCP letter, how to                    Submissions,’’ publicly viewable at
                                                  is best assured of having its full effect               organize the information so that it is                http://www.regulations.gov or at the
                                                  if OMB receives it within 30 days of                    communicated effectively to health care               Division of Dockets Management
                                                  publication. Written comments and                       providers, and formatting techniques to               between 9 a.m. and 4 p.m., Monday
                                                  recommendations for the proposed                        make the information more accessible.                 through Friday.
                                                  information collection should be sent                   DATES: Submit either electronic or                       • Confidential Submissions—To
                                                  directly to the following: Office of                    written comments on the collection of                 submit a comment with confidential
                                                  Management and Budget, Paperwork                        information by May 9, 2016.                           information that you do not wish to be
                                                  Reduction Project, Email: OIRA_                         ADDRESSES: You may submit comments                    made publicly available, submit your
                                                  SUBMISSION@OMB.EOP.GOV, Attn:                           as follows:                                           comments only as a written/paper
                                                  Desk Officer for the Administration for                                                                       submission. You should submit two
                                                  Children and Families.                                  Electronic Submissions                                copies total. One copy will include the
                                                                                                            Submit electronic comments in the                   information you claim to be confidential
                                                  Robert Sargis,
                                                                                                          following way:                                        with a heading or cover note that states
                                                  Reports Clearance Officer.
                                                                                                            • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                  [FR Doc. 2016–05291 Filed 3–9–16; 8:45 am]                                                                    CONFIDENTIAL INFORMATION’’. The
                                                                                                          www.regulations.gov. Follow the
                                                  BILLING CODE 4184–01–P
                                                                                                          instructions for submitting comments.                 Agency will review this copy, including
                                                                                                          Comments submitted electronically,                    the claimed confidential information, in
                                                                                                          including attachments, to http://                     its consideration of comments. The
                                                  DEPARTMENT OF HEALTH AND                                                                                      second copy, which will have the
                                                                                                          www.regulations.gov will be posted to
                                                  HUMAN SERVICES                                                                                                claimed confidential information
                                                                                                          the docket unchanged. Because your
                                                                                                          comment will be made public, you are                  redacted/blacked out, will be available
                                                  Food and Drug Administration
                                                                                                          solely responsible for ensuring that your             for public viewing and posted on
                                                  [Docket No. FDA–2010–D–0319]                            comment does not include any                          http://www.regulations.gov. Submit
                                                                                                          confidential information that you or a                both copies to the Division of Dockets
                                                  Agency Information Collection                           third party may not wish to be posted,                Management. If you do not wish your
                                                  Activities; Comment Request;                            such as medical information, your or                  name and contact information to be
                                                  Guidance for Industry and Food and                      anyone else’s Social Security number, or              made publicly available, you can
                                                  Drug Administration Staff on Dear                       confidential business information, such               provide this information on the cover
                                                  Health Care Provider Letters:                           as a manufacturing process. Please note               sheet and not in the body of your
                                                  Improving Communication of                              that if you include your name, contact                comments and you must identify this
                                                  Important Safety Information                            information, or other information that                information as ‘‘confidential.’’ Any
                                                  AGENCY:    Food and Drug Administration,                identifies you in the body of your                    information marked as ‘‘confidential’’
                                                  HHS.                                                    comments, that information will be                    will not be disclosed except in
                                                  ACTION:   Notice.                                       posted on http://www.regulations.gov.                 accordance with 21 CFR 10.20 and other
                                                                                                            • If you want to submit a comment                   applicable disclosure law. For more
                                                  SUMMARY:  The Food and Drug                             with confidential information that you                information about FDA’s posting of
                                                  Administration (FDA) is announcing an                   do not wish to be made available to the               comments to public dockets, see 80 FR
                                                  opportunity for public comment on the                   public, submit the comment as a                       56469, September 18, 2015, or access
                                                  proposed collection of certain                          written/paper submission and in the                   the information at: http://www.fda.gov/
                                                  information by the Agency. Under the                    manner detailed (see ‘‘Written/Paper                  regulatoryinformation/dockets/
                                                  Paperwork Reduction Act of 1995 (the                    Submissions’’ and ‘‘Instructions’’).                  default.htm.
                                                  PRA), Federal Agencies are required to                                                                           Docket: For access to the docket to
                                                                                                          Written/Paper Submissions
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                                                  publish notice in the Federal Register                                                                        read background documents or the
                                                  concerning each proposed collection of                    Submit written/paper submissions as                 electronic and written/paper comments
                                                  information, including each proposed                    follows:                                              received, go to http://
                                                  extension of an existing collection of                    • Mail/Hand delivery/Courier (for                   www.regulations.gov and insert the
                                                  information, and to allow 60 days for                   written/paper submissions): Division of               docket number, found in brackets in the
                                                  public comment in response to the                       Dockets Management (HFA–305), Food                    heading of this document, into the
                                                  notice. This notice solicits comments on                and Drug Administration, 5630 Fishers                 ‘‘Search’’ box and follow the prompts
                                                  the information collection associated                   Lane, Rm. 1061, Rockville, MD 20852.                  and/or go to the Division of Dockets


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                                                                                      Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices                                                       12735

                                                  Management, 5630 Fishers Lane, Rm.                                utility; (2) the accuracy of FDA’s                   material, or otherwise have not met the
                                                  1061, Rockville, MD 20852.                                        estimate of the burden of the proposed               goals set forth in the applicable
                                                  FOR FURTHER INFORMATION CONTACT: FDA                              collection of information, including the             regulation (21 CFR 200.5). In some
                                                  PRA Staff, Office of Operations, Food                             validity of the methodology and                      cases, health care providers have not
                                                  and Drug Administration, 8455                                     assumptions used; (3) ways to enhance                been aware of important new
                                                  Colesville Rd., COLE–14526, Silver                                the quality, utility, and clarity of the             information, and have been unable to
                                                  Spring, MD 20993–0002, PRAStaff@                                  information to be collected; and (4)                 communicate it to patients, because the
                                                  fda.hhs.gov.                                                      ways to minimize the burden of the                   letters’ content and length have made it
                                                  SUPPLEMENTARY INFORMATION: Under the
                                                                                                                    collection of information on                         difficult to find the relevant
                                                  PRA (44 U.S.C. 3501–3520), Federal                                respondents, including through the use               information. In addition, letters have
                                                  Agencies must obtain approval from the                            of automated collection techniques,                  sometimes been sent for the wrong
                                                  Office of Management and Budget                                   when appropriate, and other forms of                 reasons.
                                                  (OMB) for each collection of                                      information technology.                                 In addition to content and format
                                                  information they conduct or sponsor.                              Guidance for Industry and Food and                   recommendations for each type of DHCP
                                                  ‘‘Collection of information’’ is defined                          Drug Administration Staff on Dear                    letter, the guidance also includes advice
                                                  in 44 U.S.C. 3502(3) and 5 CFR                                    Health Care Provider Letters:                        on consulting with FDA to develop a
                                                  1320.3(c) and includes Agency requests                            Improving Communication of                           DHCP letter, when to send a letter, what
                                                  or requirements that members of the                               Important Safety Information OMB                     type of letter to send, and conducting an
                                                  public submit reports, keep records, or                           Control Number 0910–0754—Extension                   assessment of the letter’s impact.
                                                  provide information to a third party.
                                                                                                                      This final Guidance for Industry and                  Based on a review of FDA’s Document
                                                  Section 3506(c)(2)(A) of the PRA (44
                                                                                                                    FDA staff entitled ‘‘Dear Health Care                Archiving, Reporting, and Regulatory
                                                  U.S.C. 3506(c)(2)(A)) requires Federal
                                                                                                                    Provider Letters: Improving                          Tracking System for 2012–2015, we
                                                  Agencies to provide a 60-day notice in
                                                                                                                    Communication of Important Safety                    identified DHCP letters that were sent
                                                  the Federal Register concerning each
                                                                                                                    Information’’ offers specific guidance to            and the identity of each sponsor sending
                                                  proposed collection of information,
                                                                                                                    industry and FDA staff on the content                out a DHCP letter for each year. We
                                                  including each proposed extension of an
                                                                                                                    and format of Dear Health Care Provider              estimate that we will receive
                                                  existing collection of information,
                                                                                                                    (DHCP) letters. These letters are sent by            approximately 25 DHCP Letters
                                                  before submitting the collection to OMB
                                                  for approval. To comply with this                                 manufacturers or distributors to health              annually from approximately 18
                                                  requirement, FDA is publishing notice                             care providers to communicate an                     application holders. FDA professionals
                                                  of the proposed collection of                                     important drug warning, a change in                  familiar with DHCP letters and with the
                                                  information set forth in this document.                           prescribing information, or a correction             recommendations in the guidance
                                                     With respect to the following                                  of misinformation in prescription drug               estimate that it should take an
                                                  collection of information, FDA invites                            promotional labeling or advertising.                 application holder approximately 100
                                                  comments on these topics: (1) Whether                               This guidance gives specific                       hours to prepare and send DHCP letters
                                                  the proposed collection of information                            instruction on what should and should                in accordance with the guidance.
                                                  is necessary for the proper performance                           not be included in DHCP letters. To                     FDA estimates the annual reporting
                                                  of FDA’s functions, including whether                             date, some DHCP letters have been too                burden of this collection of information
                                                  the information will have practical                               long, have contained promotional                     as follows:

                                                                                                         TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                           Number of
                                                                                                                         Number of                             Total annual        Average burden
                                                                              Activity                                                   responses per                                                          Total hours
                                                                                                                        respondents                             responses           per response
                                                                                                                                           respondent

                                                  Annual Average ....................................................               18                1.4                25   100 hours .....................          2,500
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Dated: March 3, 2016.                                           DEPARTMENT OF HEALTH AND                             that a proposed collection of
                                                  Leslie Kux,                                                       HUMAN SERVICES                                       information has been submitted to the
                                                  Associate Commissioner for Policy.                                                                                     Office of Management and Budget
                                                                                                                    Food and Drug Administration                         (OMB) for review and clearance under
                                                  [FR Doc. 2016–05301 Filed 3–9–16; 8:45 am]
                                                                                                                                                                         the Paperwork Reduction Act of 1995.
                                                  BILLING CODE 4164–01–P                                            [Docket No. FDA–2012–N–0477]
                                                                                                                                                                         DATES:  Fax written comments on the
                                                                                                                    Agency Information Collection                        collection of information by April 11,
                                                                                                                    Activities; Submission for Office of                 2016.
                                                                                                                    Management and Budget Review;
                                                                                                                                                                         ADDRESSES:  To ensure that comments on
                                                                                                                    Comment Request; Investigational
                                                                                                                                                                         the information collection are received,
                                                                                                                    Device Exemptions Reports and
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                         OMB recommends that written
                                                                                                                    Records
                                                                                                                                                                         comments be faxed to the Office of
                                                                                                                    AGENCY:   Food and Drug Administration,              Information and Regulatory Affairs,
                                                                                                                    HHS.                                                 OMB, Attn: FDA Desk Officer, FAX:
                                                                                                                    ACTION:   Notice.                                    202–395–7285, or emailed to oira_
                                                                                                                                                                         submission@omb.eop.gov. All
                                                                                                                    SUMMARY: The Food and Drug                           comments should be identified with the
                                                                                                                    Administration (FDA) is announcing                   OMB control number 0910–0078. Also


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Document Created: 2018-02-02 15:11:49
Document Modified: 2018-02-02 15:11:49
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.
DatesSubmit either electronic or written comments on the collection of information by May 9, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation81 FR 12734 

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