81_FR_52596 81 FR 52444 - Over-the-Counter Monograph User Fees: Reopening of Comment Period; Stakeholder Meeting

81 FR 52444 - Over-the-Counter Monograph User Fees: Reopening of Comment Period; Stakeholder Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52444-52445
FR Document2016-18717

The Food and Drug Administration (FDA) is reopening the comment period for the document that announced a public meeting in the Federal Register of May 11, 2016. In the document, FDA invited public comment as the Agency considers a user-fee program for nonprescription (over-the-counter or OTC) monograph drugs. FDA will hold a Webinar for stakeholders on September 6, 2016. This Webinar is intended to be a followup to the June 10, 2016, public meeting on this topic and to provide stakeholders with a status update on the process of FDA and industry discussions that began in July 2016.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52444-52445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18717]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1092]


Over-the-Counter Monograph User Fees: Reopening of Comment 
Period; Stakeholder Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; reopening of comment period; 
stakeholder meeting.

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

SUMMARY: The Food and Drug Administration (FDA) is reopening the 
comment period for the document that announced a public meeting in the 
Federal Register of May 11, 2016. In the document, FDA invited public 
comment as the Agency considers a user-fee program for nonprescription 
(over-the-counter or OTC) monograph drugs. FDA will hold a Webinar for 
stakeholders on September 6, 2016. This Webinar is intended to be a 
followup to the June 10, 2016, public meeting on this topic and to 
provide stakeholders with a status update on the process of FDA and 
industry discussions that began in July 2016.

DATES: Submit either electronic or written comments by October 6, 2016. 
FDA will hold a Webinar for stakeholders on Tuesday, September 6, 2016, 
from 10:30 a.m. to 12 p.m. EDT.

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

[[Page 52445]]

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-2016-N-1092 for ``Over-the-Counter Monograph User Fees: Reopening 
of Comment Period; Stakeholder Meeting.'' Received comments will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amy Bertha, Office of Executive 
Programs, Center for Drug Evaluation and Research, Food and Drug 
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 
301-796-1647, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is reopening until October 6, 2016, the comment period for the 
document that announced a public meeting in the Federal Register of May 
11, 2016 (81 FR 29275). In the document, FDA invited public comment as 
the Agency considers a user-fee program for nonprescription (over-the-
counter or OTC) monograph drugs. A user-fee program would provide 
funding to supplement congressional non-user-fee appropriations, and 
would support timely and efficient FDA review of the efficacy and 
safety of ingredients included in or proposed for inclusion in a 
monograph. A public meeting on this topic was held on June 10, 2016, 
and interested persons were given until July 11, 2016, to submit 
comments. To ensure that all interested persons have sufficient 
opportunity to share their views on a potential OTC monograph user-fee 
program, FDA is reopening the comment period until October 6, 2016.
    FDA will hold a Webinar for stakeholders on September 6, 2016. This 
Webinar is intended to be a followup to the June 10, 2016, public 
meeting and provide stakeholders with a status update on the process of 
FDA and industry discussions that began in July 2016. Meeting minutes 
from these discussions can be found at: http://www.fda.gov/omuf. 
Additional background information on OTC monograph drugs (such as how 
OTC drugs can be marketed, the differences between marketing through 
approved applications and marketing under the monographs), factors FDA 
considers important in developing a user-fee program, and the questions 
FDA asked the public to consider and provide input, can be found in the 
Federal Register document from the June 10, 2106, public meeting 
(https://www.federalregister.gov/articles/2016/05/11/2016-11098/over-the-counter-monograph-user-fees-public-meeting-request-for-comments). 
The meeting transcript, meeting recording, and presentations from the 
June 10, 2016, public meeting, which can serve as further background 
information, can be found at: http://www.fda.gov/Drugs/NewsEvents/ucm499390.htm.

II. Stakeholder Meeting Participation

    FDA is seeking participation at the Webinar by stakeholders, 
including scientific and academic experts, health care professionals, 
representatives of patient and consumer advocacy groups, and 
representatives of the OTC monograph industry. Participating in the 
Webinar is free. The Webinar format will include presentations by FDA 
staff and an opportunity for stakeholders to ask questions. If you wish 
to attend the Webinar, FDA asks that you please register through 
Eventbrite by Tuesday, August 30, 2016 (https://www.eventbrite.com/e/over-the-counter-monograph-user-fees-stakeholder-meeting-tickets-26751882601). FDA will email the registered attendees a URL to join the 
Webinar at least 1 day before the meeting.

    Dated August 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-18717 Filed 8-5-16; 8:45 am]
BILLING CODE 4164-01-P



                                                  52444                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  FOR FURTHER INFORMATION CONTACT:                        807.81(a)(3) for submission and                       DEPARTMENT OF HEALTH AND
                                                  Michael Ryan, Center for Devices and                    clearance of a new 510(k).                            HUMAN SERVICES
                                                  Radiological Health, Food and Drug
                                                                                                          II. Significance of Guidance                          Food and Drug Administration
                                                  Administration, 10903 New Hampshire
                                                  Ave., Bldg. 66, Rm. 1615, Silver Spring,                   This draft guidance is being issued
                                                                                                                                                                [Docket No. FDA–2016–N–1092]
                                                  MD 20993–0002, 301–796–6283,                            consistent with FDA’s good guidance
                                                  michael.ryan@fda.hhs.gov; or Stephen                    practices regulation (21 CFR 10.115).                 Over-the-Counter Monograph User
                                                  Ripley, Center for Biologics Evaluation                 The draft guidance, when finalized, will              Fees: Reopening of Comment Period;
                                                  and Research, Food and Drug                             represent the current thinking of FDA                 Stakeholder Meeting
                                                  Administration, 10903 New Hampshire                     on when to submit a 510(k) for a change
                                                  Ave., Bldg. 71, Rm. 7301, Silver Spring,                to an existing device. It does not                    AGENCY:    Food and Drug Administration,
                                                  MD 20993–0002, 240–402–7911.                            establish any rights for any person and               HHS.
                                                                                                          is not binding on FDA or the public.                  ACTION: Notice of public meeting;
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          You can use an alternative approach if                reopening of comment period;
                                                  I. Background                                           it satisfies the requirements of the                  stakeholder meeting.
                                                     A premarket notification (510(k)) is                 applicable statutes and regulations.
                                                                                                                                                                SUMMARY:  The Food and Drug
                                                  required when a legally marketed device                 III. Electronic Access                                Administration (FDA) is reopening the
                                                  subject to 510(k) requirements is about                                                                       comment period for the document that
                                                                                                             Persons interested in obtaining a copy
                                                  to be significantly changed or modified                                                                       announced a public meeting in the
                                                                                                          of the draft guidance may do so by
                                                  in design, components, method of                                                                              Federal Register of May 11, 2016. In the
                                                                                                          downloading an electronic copy from
                                                  manufacture, or intended use.                                                                                 document, FDA invited public comment
                                                                                                          the Internet. A search capability for all
                                                  Significant changes or modifications are                                                                      as the Agency considers a user-fee
                                                                                                          Center for Devices and Radiological
                                                  those that could significantly affect the                                                                     program for nonprescription (over-the-
                                                                                                          Health guidance documents is available
                                                  safety or effectiveness of the device, or                                                                     counter or OTC) monograph drugs. FDA
                                                                                                          at http://www.fda.gov/MedicalDevices/
                                                  major changes or modifications in the                                                                         will hold a Webinar for stakeholders on
                                                                                                          DeviceRegulationandGuidance/
                                                  intended use of the device (21 CFR                                                                            September 6, 2016. This Webinar is
                                                                                                          GuidanceDocuments/default.htm.
                                                  807.81(a)(3)). This guidance, when                                                                            intended to be a followup to the June
                                                                                                          Guidance documents are also available
                                                  finalized, will aid manufacturers of                                                                          10, 2016, public meeting on this topic
                                                                                                          at http://www.fda.gov/BiologicsBlood
                                                  medical devices who intend to modify                                                                          and to provide stakeholders with a
                                                                                                          Vaccines/GuidanceCompliance
                                                  a 510(k)-cleared device or a                                                                                  status update on the process of FDA and
                                                                                                          RegulatoryInformation/default.htm or
                                                  preamendments device subject to 510(k)                                                                        industry discussions that began in July
                                                                                                          http://www.regulations.gov. Persons
                                                  (i.e., ‘‘existing devices’’) during the                                                                       2016.
                                                                                                          unable to download an electronic copy
                                                  process of deciding whether the                                                                               DATES: Submit either electronic or
                                                                                                          of ‘‘Deciding When to Submit a 510(k)
                                                  modification exceeds the regulatory                                                                           written comments by October 6, 2016.
                                                                                                          for a Change to an Existing Device’’ may
                                                  threshold of 21 CFR 807.81(a)(3) for                                                                          FDA will hold a Webinar for
                                                                                                          send an email request to CDRH-
                                                  submission and clearance of a new                                                                             stakeholders on Tuesday, September 6,
                                                                                                          Guidance@fda.hhs.gov to receive an
                                                  510(k).                                                                                                       2016, from 10:30 a.m. to 12 p.m. EDT.
                                                                                                          electronic copy of the document. Please
                                                     This guidance, when finalized, will                                                                        ADDRESSES: You may submit comments
                                                                                                          use the document number 1500054 to
                                                  supersede the original ‘‘Deciding When                                                                        as follows:
                                                                                                          identify the guidance you are
                                                  to Submit a 510(k) for a Change to an
                                                                                                          requesting.                                           Electronic Submissions
                                                  Existing Device,’’ issued on January 10,
                                                  1997. That guidance provided the                        IV. Paperwork Reduction Act of 1995                     Submit electronic comments in the
                                                  Agency’s interpretation of whether the                    This draft guidance refers to                       following way:
                                                  modification exceeds the regulatory                     previously approved collections of                      • Federal eRulemaking Portal: http://
                                                  threshold of 21 CFR 807.81(a)(3), with                  information found in FDA regulations.                 www.regulations.gov. Follow the
                                                  principles and points for manufacturers                 These collections of information are                  instructions for submitting comments.
                                                  to consider in analyzing how changes in                 subject to review by the Office of                    Comments submitted electronically,
                                                  devices may affect safety or                            Management and Budget (OMB) under                     including attachments, to http://
                                                  effectiveness and determining whether a                 the Paperwork Reduction Act of 1995                   www.regulations.gov will be posted to
                                                  new 510(k) must be submitted for a                      (44 U.S.C. 3501–3520). The collections                the docket unchanged. Because your
                                                  particular type of change. This draft                   of information in 21 CFR part 820 are                 comment will be made public, you are
                                                  guidance preserves the basic format and                 approved under OMB control number                     solely responsible for ensuring that your
                                                  content of the original, with updates to                0910–0073; the collections of                         comment does not include any
                                                  add clarity. The added clarity is                       information in 21 CFR part 807, subpart               confidential information that you or a
                                                  intended to increase consistent                         E are approved under OMB control                      third party may not wish to be posted,
                                                  interpretations of the guidance by FDA                  number 0910–0120; the collections of                  such as medical information, your or
                                                  staff and manufacturers.                                information in 21 CFR part 803 have                   anyone else’s Social Security number, or
                                                     Elsewhere in this issue of the Federal               been approved under OMB control                       confidential business information, such
                                                  Register, FDA is announcing the                         number 0910–0437; and the collections                 as a manufacturing process. Please note
                                                  availability of the guidance document                   of information in 21 CFR parts 801 and                that if you include your name, contact
                                                  entitled ‘‘Deciding When to Submit a                                                                          information, or other information that
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                                                                                                          809 are approved under OMB control
                                                  510(k) for a Software Change to an                      number 0910–0485.                                     identifies you in the body of your
                                                  Existing Device’’ to aid manufacturers of                                                                     comments, that information will be
                                                  medical devices who intend to make                        Dated: August 2, 2016.
                                                                                                                                                                posted on http://www.regulations.gov.
                                                  software changes to an existing device                  Leslie Kux,                                             • If you want to submit a comment
                                                  during the process of deciding whether                  Associate Commissioner for Policy.                    with confidential information that you
                                                  the software modification exceeds the                   [FR Doc. 2016–18713 Filed 8–5–16; 8:45 am]            do not wish to be made available to the
                                                  regulatory threshold of 21 CFR                          BILLING CODE 4164–01–P                                public, submit the comment as a


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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                  52445

                                                  written/paper submission and in the                     regulatoryinformation/dockets/                        input, can be found in the Federal
                                                  manner detailed (see ‘‘Written/Paper                    default.htm.                                          Register document from the June 10,
                                                  Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to                2106, public meeting (https://
                                                                                                          read background documents or the                      www.federalregister.gov/articles/2016/
                                                  Written/Paper Submissions                               electronic and written/paper comments                 05/11/2016-11098/over-the-counter-
                                                     Submit written/paper submissions as                  received, go to http://                               monograph-user-fees-public-meeting-
                                                  follows:                                                www.regulations.gov and insert the                    request-for-comments). The meeting
                                                     • Mail/Hand delivery/Courier (for                    docket number, found in brackets in the               transcript, meeting recording, and
                                                  written/paper submissions): Division of                 heading of this document, into the                    presentations from the June 10, 2016,
                                                  Dockets Management (HFA–305), Food                      ‘‘Search’’ box and follow the prompts                 public meeting, which can serve as
                                                  and Drug Administration, 5630 Fishers                   and/or go to the Division of Dockets                  further background information, can be
                                                  Lane, Rm. 1061, Rockville, MD 20852.                    Management, 5630 Fishers Lane, Rm.                    found at: http://www.fda.gov/Drugs/
                                                     • For written/paper comments                         1061, Rockville, MD 20852.                            NewsEvents/ucm499390.htm.
                                                  submitted to the Division of Dockets                    FOR FURTHER INFORMATION CONTACT:                      II. Stakeholder Meeting Participation
                                                  Management, FDA will post your                          Amy Bertha, Office of Executive
                                                  comment, as well as any attachments,                    Programs, Center for Drug Evaluation                     FDA is seeking participation at the
                                                  except for information submitted,                       and Research, Food and Drug                           Webinar by stakeholders, including
                                                  marked and identified, as confidential,                 Administration, 10903 New Hampshire                   scientific and academic experts, health
                                                  if submitted as detailed in                             Ave., Silver Spring, MD 20993–0002,                   care professionals, representatives of
                                                  ‘‘Instructions.’’                                       301–796–1647, email:                                  patient and consumer advocacy groups,
                                                                                                                                                                and representatives of the OTC
                                                     Instructions: All submissions received               OTCMonographUserFeeProgram
                                                                                                                                                                monograph industry. Participating in
                                                  must include the Docket No. FDA–                        @fda.hhs.gov.
                                                                                                                                                                the Webinar is free. The Webinar format
                                                  2016–N–1092 for ‘‘Over-the-Counter                      SUPPLEMENTARY INFORMATION:                            will include presentations by FDA staff
                                                  Monograph User Fees: Reopening of                                                                             and an opportunity for stakeholders to
                                                  Comment Period; Stakeholder Meeting.’’                  I. Background
                                                                                                                                                                ask questions. If you wish to attend the
                                                  Received comments will be placed in                        FDA is reopening until October 6,                  Webinar, FDA asks that you please
                                                  the docket and, except for those                        2016, the comment period for the                      register through Eventbrite by Tuesday,
                                                  submitted as ‘‘Confidential                             document that announced a public                      August 30, 2016 (https://
                                                  Submissions,’’ publicly viewable at                     meeting in the Federal Register of May                www.eventbrite.com/e/over-the-counter-
                                                  http://www.regulations.gov or at the                    11, 2016 (81 FR 29275). In the                        monograph-user-fees-stakeholder-
                                                  Division of Dockets Management                          document, FDA invited public comment                  meeting-tickets-26751882601). FDA will
                                                  between 9 a.m. and 4 p.m., Monday                       as the Agency considers a user-fee                    email the registered attendees a URL to
                                                  through Friday.                                         program for nonprescription (over-the-                join the Webinar at least 1 day before
                                                     • Confidential Submissions—To                        counter or OTC) monograph drugs. A                    the meeting.
                                                  submit a comment with confidential                      user-fee program would provide funding
                                                                                                                                                                  Dated August 3, 2016.
                                                  information that you do not wish to be                  to supplement congressional non-user-
                                                  made publicly available, submit your                    fee appropriations, and would support                 Leslie Kux,
                                                  comments only as a written/paper                        timely and efficient FDA review of the                Associate Commissioner for Policy.
                                                  submission. You should submit two                       efficacy and safety of ingredients                    [FR Doc. 2016–18717 Filed 8–5–16; 8:45 am]
                                                  copies total. One copy will include the                 included in or proposed for inclusion in              BILLING CODE 4164–01–P
                                                  information you claim to be confidential                a monograph. A public meeting on this
                                                  with a heading or cover note that states                topic was held on June 10, 2016, and
                                                  ‘‘THIS DOCUMENT CONTAINS                                interested persons were given until July              DEPARTMENT OF HEALTH AND
                                                  CONFIDENTIAL INFORMATION.’’ The                         11, 2016, to submit comments. To                      HUMAN SERVICES
                                                  Agency will review this copy, including                 ensure that all interested persons have
                                                                                                                                                                Food and Drug Administration
                                                  the claimed confidential information, in                sufficient opportunity to share their
                                                  its consideration of comments. The                      views on a potential OTC monograph                    [Docket No. FDA–2015–N–1805]
                                                  second copy, which will have the                        user-fee program, FDA is reopening the
                                                  claimed confidential information                        comment period until October 6, 2016.                 Retrospective Review of Premarket
                                                  redacted/blacked out, will be available                    FDA will hold a Webinar for                        Approval Application Devices; Striking
                                                  for public viewing and posted on http://                stakeholders on September 6, 2016. This               the Balance Between Premarket and
                                                  www.regulations.gov. Submit both                        Webinar is intended to be a followup to               Postmarket Data Collection
                                                  copies to the Division of Dockets                       the June 10, 2016, public meeting and                 AGENCY:    Food and Drug Administration,
                                                  Management. If you do not wish your                     provide stakeholders with a status                    HHS.
                                                  name and contact information to be                      update on the process of FDA and                      ACTION:   Notice; request for comments.
                                                  made publicly available, you can                        industry discussions that began in July
                                                  provide this information on the cover                   2016. Meeting minutes from these                      SUMMARY:   The Food and Drug
                                                  sheet and not in the body of your                       discussions can be found at: http://                  Administration (FDA) is announcing the
                                                  comments and you must identify this                     www.fda.gov/omuf. Additional                          completion of the target of the goal
                                                  information as ‘‘confidential.’’ Any                    background information on OTC                         established to address the Center for
                                                  information marked as ‘‘confidential’’                  monograph drugs (such as how OTC                      Devices and Radiological Health’s
mstockstill on DSK3G9T082PROD with NOTICES




                                                  will not be disclosed except in                         drugs can be marketed, the differences                (CDRH) 2014–2015 Strategic Priority
                                                  accordance with 21 CFR 10.20 and other                  between marketing through approved                    ‘‘Strike the Right Balance Between
                                                  applicable disclosure law. For more                     applications and marketing under the                  Premarket and Postmarket Data
                                                  information about FDA’s posting of                      monographs), factors FDA considers                    Collection.’’ To achieve this Strategic
                                                  comments to public dockets, see 80 FR                   important in developing a user-fee                    Priority, CDRH established a goal to
                                                  56469, September 18, 2015, or access                    program, and the questions FDA asked                  assure the appropriate balance between
                                                  the information at: http://www.fda.gov/                 the public to consider and provide                    premarket and postmarket data


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Document Created: 2016-08-06 03:07:54
Document Modified: 2016-08-06 03:07:54
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 public meeting; reopening of comment period; stakeholder meeting.
DatesSubmit either electronic or written comments by October 6, 2016. FDA will hold a Webinar for stakeholders on Tuesday, September 6, 2016, from 10:30 a.m. to 12 p.m. EDT.
ContactAmy Bertha, Office of Executive Programs, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-1647, email: [email protected]
FR Citation81 FR 52444 

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