82_FR_42136 82 FR 41966 - Agency Information Collection Activities: Proposed Collection; Comment Request

82 FR 41966 - Agency Information Collection Activities: Proposed Collection; Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range41966-41967
FR Document2017-18738

The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. 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 or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 41966-41967]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18738]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-102 and CMS-105, and CMS-10631]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, HHS.

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. 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 or reinstatement of an 
existing collection of information) and to allow 60 days for public 
comment on the proposed action. Interested persons are invited to send 
comments regarding our burden estimates or any other aspect of this 
collection of information, including the necessity and utility of the 
proposed information collection for the proper performance of the 
agency's functions, the accuracy of the estimated burden, ways to 
enhance the quality, utility, and clarity of the information to be 
collected, and the use of automated collection techniques or other 
forms of information technology to minimize the information collection 
burden.

DATES: Comments must be received by November 6, 2017.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development, Attention: Document Identifier/OMB 
Control Number _________, Room C4-26-05, 7500 Security Boulevard, 
Baltimore, Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, you may make 
your request using one of following:
    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.
    2. Email your request, including your address, phone number, OMB 
number, and CMS document identifier, to [email protected].
    3. Call the Reports Clearance Office at (410) 786-1326.

FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION: 

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-102 and CMS-105 Clinical Laboratory Improvement Amendments of 
1988 (CLIA) Budget Workload Reports and Supporting Regulations
CMS-10631 The PACE Organization Application Process in 42 CFR part 
460

    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. The term 
``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 requires federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collection

    1. Type of Information Collection Request: Extension without change 
of a currently approved collection; Title of Information Collection: 
Clinical Laboratory Improvement Amendments of 1988 (CLIA) Budget 
Workload Reports and Supporting Regulations; Use: We will use the 
collected information to determine the amount of Federal reimbursement 
for surveys conducted. Use of the information includes program 
evaluation, audit, budget formulation and budget approval. Form CMS-102 
is a multi-purpose form designed to capture and record all budget and 
expenditure data. Form CMS-105 captures the annual projected CLIA 
workload that the State survey agency will accomplish. Our regional 
offices also use the information to approve the annual projected CLIA 
workload. The information is required as part of the section 1864 
agreement with the state. Form Numbers: CMS-102 and CMS-105 (OMB 
control number: 0938-0599); Frequency: Quarterly; Affected Public: 
State, Local, or Tribal Governments; Number of Respondents: 50; Total 
Annual Responses: 50; Total Annual Hours: 1,700. (For policy questions 
regarding this collection contact Jeffrey Pleines at 410-786-0684.)
    2. Type of Information Collection Request: Revision of a currently 
approved collection; Title of Information Collection: The PACE 
Organization Application Process in 42 CFR part 460; Use: Initial 
application requirements for the PACE program are currently set forth 
in 42 CFR 460.12 and in the PACE Manual, Ch. 17. Until recently, the 
submission of initial and SAE PACE applications and supporting 
information was in paper format. These

[[Page 41967]]

applications are often hundreds of pages long, expensive to reproduce 
and transmit, and administratively inefficient, as staff reviewing 
different parts of the application are located in different physical 
locations and must receive hard copies of the material. However, 
beginning in 2016 and 2017, initial and SAE PACE applications, 
respectively, are being submitted via a new automated, electronic 
submission process. As with initial applications, an application also 
must be submitted for a PO that seeks to expand its service area and/or 
add a new service site, and with OMB approval, an automated application 
process will now also be required of PACE organizations submitting 
service area expansion applications. The collection specific to the 
application was approved by OMB for a 3-year period, which expires 
March 31, 2020. Approval is now requested for revisions to this 
currently-approved collection, which includes modifications to the PACE 
application. Form Number: CMS-10631 (OMB control number: 0938-1326); 
Frequency: Once and occasionally; Affected Public: Private sector 
(Business or other for-profits and Not-for-profit institutions) and 
State, Local, or Tribal Governments; Number of Respondents: 730; Total 
Annual Responses: 84; Total Annual Hours: 4,626. (For policy questions 
regarding this collection contact Stacy Davis at 410-786-7813.)

    Dated: August 30, 2017.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office of Strategic Operations and 
Regulatory Affairs.
[FR Doc. 2017-18738 Filed 9-1-17; 8:45 am]
 BILLING CODE 4120-01-P



                                                  41966                      Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices

                                                  explaining the development of their                     the necessity and utility of the proposed               Under the PRA (44 U.S.C. 3501–
                                                  QBP status. The technical report is                     information collection for the proper                 3520), federal agencies must obtain
                                                  provided in writing by electronic mail                  performance of the agency’s functions,                approval from the Office of Management
                                                  to the MA organization. If, after                       the accuracy of the estimated burden,                 and Budget (OMB) for each collection of
                                                  reviewing the technical report, the MA                  ways to enhance the quality, utility, and             information they conduct or sponsor.
                                                  organization believes that CMS was                      clarity of the information to be                      The term ‘‘collection of information’’ is
                                                  incorrect in its QBP determination,                     collected, and the use of automated                   defined in 44 U.S.C. 3502(3) and 5 CFR
                                                  within 10 calendar days the MA                          collection techniques or other forms of               1320.3(c) and includes agency requests
                                                  organization may request an appeal to                   information technology to minimize the                or requirements that members of the
                                                  be conducted by a hearing officer                       information collection burden.                        public submit reports, keep records, or
                                                  designated by CMS. The hearing                          DATES: Comments must be received by                   provide information to a third party.
                                                  officer’s decision is final and binding on              November 6, 2017.                                     Section 3506(c)(2)(A) of the PRA
                                                  both the MA organization and CMS. The                                                                         requires federal agencies to publish a
                                                  hearing officer is required to issue his/               ADDRESSES: When commenting, please                    60-day notice in the Federal Register
                                                  her decision on or before May 15 of the                 reference the document identifier or                  concerning each proposed collection of
                                                  year preceding the year in which the                    OMB control number. To be assured                     information, including each proposed
                                                  contract for which the QBP to be                        consideration, comments and                           extension or reinstatement of an existing
                                                  applied will be offered. Form Number:                   recommendations must be submitted in                  collection of information, before
                                                  CMS–10346 (OMB control number:                          any one of the following ways:                        submitting the collection to OMB for
                                                  0938–1129); Frequency: Yearly; Affected                   1. Electronically. You may send your                approval. To comply with this
                                                  Public: Private sector (Business or other               comments electronically to http://                    requirement, CMS is publishing this
                                                  for-profits and Not-for-profit                          www.regulations.gov. Follow the                       notice.
                                                  institutions); Number of Respondents:                   instructions for ‘‘Comment or
                                                                                                          Submission’’ or ‘‘More Search Options’’               Information Collection
                                                  500; Total Annual Responses: 20; Total
                                                  Annual Hours: 160. (For policy                          to find the information collection                      1. Type of Information Collection
                                                  questions regarding this collection                     document(s) that are accepting                        Request: Extension without change of a
                                                  contact Sarah Gaillot at 410–786–4637).                 comments.                                             currently approved collection; Title of
                                                                                                            2. By regular mail. You may mail                    Information Collection: Clinical
                                                     Dated: August 30, 2017.
                                                                                                          written comments to the following                     Laboratory Improvement Amendments
                                                  William N. Parham, III,                                                                                       of 1988 (CLIA) Budget Workload
                                                                                                          address: CMS, Office of Strategic
                                                  Director, Paperwork Reduction Staff, Office                                                                   Reports and Supporting Regulations;
                                                                                                          Operations and Regulatory Affairs,
                                                  of Strategic Operations and Regulatory                                                                        Use: We will use the collected
                                                  Affairs.                                                Division of Regulations Development,
                                                                                                          Attention: Document Identifier/OMB                    information to determine the amount of
                                                  [FR Doc. 2017–18740 Filed 9–1–17; 8:45 am]
                                                                                                          Control Number _________, Room C4–                    Federal reimbursement for surveys
                                                  BILLING CODE 4120–01–P                                                                                        conducted. Use of the information
                                                                                                          26–05, 7500 Security Boulevard,
                                                                                                          Baltimore, Maryland 21244–1850.                       includes program evaluation, audit,
                                                                                                            To obtain copies of a supporting                    budget formulation and budget
                                                  DEPARTMENT OF HEALTH AND                                                                                      approval. Form CMS–102 is a multi-
                                                  HUMAN SERVICES                                          statement and any related forms for the
                                                                                                          proposed collection(s) summarized in                  purpose form designed to capture and
                                                  Centers for Medicare & Medicaid                         this notice, you may make your request                record all budget and expenditure data.
                                                  Services                                                using one of following:                               Form CMS–105 captures the annual
                                                                                                            1. Access CMS’ Web site address at                  projected CLIA workload that the State
                                                  [Document Identifiers: CMS–102 and CMS–                                                                       survey agency will accomplish. Our
                                                  105, and CMS–10631]                                     http://www.cms.hhs.gov/
                                                                                                          PaperworkReductionActof1995.                          regional offices also use the information
                                                                                                                                                                to approve the annual projected CLIA
                                                  Agency Information Collection                             2. Email your request, including your
                                                                                                                                                                workload. The information is required
                                                  Activities: Proposed Collection;                        address, phone number, OMB number,
                                                                                                                                                                as part of the section 1864 agreement
                                                  Comment Request                                         and CMS document identifier, to
                                                                                                                                                                with the state. Form Numbers: CMS–102
                                                                                                          Paperwork@cms.hhs.gov.
                                                  AGENCY: Centers for Medicare &                                                                                and CMS–105 (OMB control number:
                                                                                                            3. Call the Reports Clearance Office at             0938–0599); Frequency: Quarterly;
                                                  Medicaid Services, HHS.
                                                                                                          (410) 786–1326.                                       Affected Public: State, Local, or Tribal
                                                  ACTION: Notice.
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Governments; Number of Respondents:
                                                  SUMMARY:   The Centers for Medicare &                   William Parham at (410) 786–4669.                     50; Total Annual Responses: 50; Total
                                                  Medicaid Services (CMS) is announcing                   SUPPLEMENTARY INFORMATION:                            Annual Hours: 1,700. (For policy
                                                  an opportunity for the public to                                                                              questions regarding this collection
                                                  comment on CMS’ intention to collect                    Contents                                              contact Jeffrey Pleines at 410–786–
                                                  information from the public. Under the                    This notice sets out a summary of the               0684.)
                                                  Paperwork Reduction Act of 1995 (the                    use and burden associated with the                      2. Type of Information Collection
                                                  PRA), federal agencies are required to                  following information collections. More               Request: Revision of a currently
                                                  publish notice in the Federal Register                  detailed information can be found in                  approved collection; Title of
                                                  concerning each proposed collection of                  each collection’s supporting statement                Information Collection: The PACE
                                                  information (including each proposed                    and associated materials (see                         Organization Application Process in 42
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                                                  extension or reinstatement of an existing               ADDRESSES).                                           CFR part 460; Use: Initial application
                                                  collection of information) and to allow                                                                       requirements for the PACE program are
                                                                                                          CMS–102 and CMS–105 Clinical Laboratory
                                                  60 days for public comment on the                        Improvement Amendments of 1988 (CLIA)
                                                                                                                                                                currently set forth in 42 CFR 460.12 and
                                                  proposed action. Interested persons are                  Budget Workload Reports and Supporting               in the PACE Manual, Ch. 17. Until
                                                  invited to send comments regarding our                   Regulations                                          recently, the submission of initial and
                                                  burden estimates or any other aspect of                 CMS–10631 The PACE Organization                       SAE PACE applications and supporting
                                                  this collection of information, including                Application Process in 42 CFR part 460               information was in paper format. These


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                                                                             Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Notices                                          41967

                                                  applications are often hundreds of pages                safety or effectiveness. This                         initially approved on May 10, 2004.
                                                  long, expensive to reproduce and                        determination will allow FDA to                       ENJUVIA is indicated for treatment of
                                                  transmit, and administratively                          approve abbreviated new drug                          moderate to severe vasomotor symptoms
                                                  inefficient, as staff reviewing different               applications (ANDAs) for ENJUVIA                      due to menopause and treatment of
                                                  parts of the application are located in                 (estrogens, conjugated synthetic B)                   moderate to severe vaginal dryness and
                                                  different physical locations and must                   tablets, 0.625 mg and 1.25 mg, if all                 pain with intercourse, as well as
                                                  receive hard copies of the material.                    other legal and regulatory requirements               symptoms of vulvar and vaginal atrophy
                                                  However, beginning in 2016 and 2017,                    are met.                                              due to menopause.
                                                  initial and SAE PACE applications,                      FOR FURTHER INFORMATION CONTACT:                         In 2016, Teva notified FDA that
                                                  respectively, are being submitted via a                 Bronwen Blass, Center for Drug                        ENJUVIA (estrogens, conjugated
                                                  new automated, electronic submission                    Evaluation and Research, Food and                     synthetic B) tablets, 0.625 mg and 1.25
                                                  process. As with initial applications, an               Drug Administration, 10903 New                        mg, were being discontinued, and FDA
                                                  application also must be submitted for                  Hampshire Ave., Bldg. 51, Rm. 6228,                   moved those drug products to the
                                                  a PO that seeks to expand its service                   Silver Spring, MD 20993–0002, 301–                    ‘‘Discontinued Drug Product List’’
                                                  area and/or add a new service site, and                 796–5092.                                             section of the Orange Book.
                                                  with OMB approval, an automated                                                                                  Foley & Lardner submitted a citizen
                                                                                                          SUPPLEMENTARY INFORMATION: In 1984,
                                                  application process will now also be                                                                          petition dated March 8, 2017 (Docket
                                                                                                          Congress enacted the Drug Price
                                                  required of PACE organizations                                                                                No. FDA–2017–P–1459), under 21 CFR
                                                                                                          Competition and Patent Term
                                                  submitting service area expansion                                                                             10.30, requesting that the Agency
                                                                                                          Restoration Act of 1984 (Pub. L. 98–417)
                                                  applications. The collection specific to                                                                      determine whether ENJUVIA (estrogens,
                                                                                                          (the 1984 amendments), which
                                                  the application was approved by OMB                                                                           conjugated synthetic B) tablets, 0.625
                                                                                                          authorized the approval of duplicate
                                                  for a 3-year period, which expires                                                                            mg and 1.25 mg, were withdrawn from
                                                                                                          versions of drug products under an
                                                  March 31, 2020. Approval is now                                                                               sale for reasons of safety or
                                                                                                          ANDA procedure. ANDA applicants
                                                  requested for revisions to this currently-                                                                    effectiveness.
                                                  approved collection, which includes                     must, with certain exceptions, show that
                                                                                                          the drug for which they are seeking                      After considering the citizen petition
                                                  modifications to the PACE application.                                                                        and reviewing Agency records and
                                                  Form Number: CMS–10631 (OMB                             approval contains the same active
                                                                                                          ingredient in the same strength and                   based on the information we have at this
                                                  control number: 0938–1326); Frequency:                                                                        time, FDA has determined under
                                                  Once and occasionally; Affected Public:                 dosage form as the ‘‘listed drug,’’ which
                                                                                                          is a version of the drug that was                     § 314.161 that ENJUVIA (estrogens,
                                                  Private sector (Business or other for-                                                                        conjugated synthetic B) tablets, 0.625
                                                  profits and Not-for-profit institutions)                previously approved. ANDA applicants
                                                                                                          do not have to repeat the extensive                   mg and 1.25 mg, were not withdrawn
                                                  and State, Local, or Tribal Governments;                                                                      for reasons of safety or effectiveness.
                                                  Number of Respondents: 730; Total                       clinical testing otherwise necessary to
                                                                                                          gain approval of a new drug application               The petitioner has identified no data or
                                                  Annual Responses: 84; Total Annual                                                                            other information suggesting that these
                                                  Hours: 4,626. (For policy questions                     (NDA).
                                                                                                             The 1984 amendments include what                   products were withdrawn for reasons of
                                                  regarding this collection contact Stacy                                                                       safety or effectiveness. We have
                                                  Davis at 410–786–7813.)                                 is now section 505(j)(7) of the Federal
                                                                                                          Food, Drug, and Cosmetic Act (21 U.S.C.               carefully reviewed our files for records
                                                     Dated: August 30, 2017.                              355(j)(7)), which requires FDA to                     concerning the withdrawal of ENJUVIA
                                                  William N. Parham, III,                                 publish a list of all approved drugs.                 (estrogens, conjugated synthetic B)
                                                  Director, Paperwork Reduction Staff, Office             FDA publishes this list as part of the                tablets, 0.625 mg and 1.25 mg, from sale.
                                                  of Strategic Operations and Regulatory                  ‘‘Approved Drug Products With                         We have also independently evaluated
                                                  Affairs.                                                Therapeutic Equivalence Evaluations,’’                relevant literature and data for possible
                                                  [FR Doc. 2017–18738 Filed 9–1–17; 8:45 am]              which is known generally as the                       postmarketing adverse events. We have
                                                  BILLING CODE 4120–01–P                                  ‘‘Orange Book.’’ Under FDA regulations,               found no information that would
                                                                                                          drugs are removed from the list if the                indicate that these drug products were
                                                                                                          Agency withdraws or suspends                          withdrawn from sale for reasons of
                                                  DEPARTMENT OF HEALTH AND                                approval of the drug’s NDA or ANDA                    safety or effectiveness.
                                                  HUMAN SERVICES                                          for reasons of safety or effectiveness or                Accordingly, the Agency will
                                                                                                          if FDA determines that the listed drug                continue to list ENJUVIA (estrogens,
                                                  Food and Drug Administration
                                                                                                          was withdrawn from sale for reasons of                conjugated synthetic B) tablets, 0.625
                                                  [Docket No. FDA–2017–P–1459]                            safety or effectiveness (21 CFR 314.162).             mg and 1.25 mg, in the ‘‘Discontinued
                                                                                                             A person may petition the Agency to                Drug Product List’’ section of the Orange
                                                  Determination That ENJUVIA                              determine, or the Agency may                          Book. The ‘‘Discontinued Drug Product
                                                  (Estrogens, Conjugated Synthetic B)                     determine on its own initiative, whether              List’’ delineates, among other items,
                                                  Tablets, 0.625 Milligrams and 1.25                      a listed drug was withdrawn from sale                 drug products that have been
                                                  Milligrams, Were Not Withdrawn From                     for reasons of safety or effectiveness.               discontinued from marketing for reasons
                                                  Sale for Reasons of Safety or                           This determination may be made at any                 other than safety or effectiveness.
                                                  Effectiveness                                           time after the drug has been withdrawn                ANDAs that refer to ENJUVIA
                                                  AGENCY:    Food and Drug Administration,                from sale, but must be made prior to                  (estrogens, conjugated synthetic B)
                                                  HHS.                                                    approving an ANDA that refers to the                  tablets, 0.625 mg and 1.25 mg, may be
                                                                                                          listed drug (§ 314.161 (21 CFR 314.161)).             approved by the Agency as long as they
mstockstill on DSK30JT082PROD with NOTICES




                                                  ACTION:   Notice.
                                                                                                          FDA may not approve an ANDA that                      meet all other legal and regulatory
                                                  SUMMARY:  The Food and Drug                             does not refer to a listed drug.                      requirements for the approval of
                                                  Administration (FDA or Agency) has                         ENJUVIA (estrogens, conjugated                     ANDAs. If FDA determines that labeling
                                                  determined that ENJUVIA (estrogens,                     synthetic B) tablets, 0.625 mg and 1.25               for this drug product should be revised
                                                  conjugated synthetic B) tablets, 0.625                  mg, is the subject of NDA 021443, held                to meet current standards, the Agency
                                                  milligrams (mg) and 1.25 mg, were not                   by Teva Branded Pharmaceutical                        will advise ANDA applicants to submit
                                                  withdrawn from sale for reasons of                      Products R&D, Inc. (Teva), and was                    such labeling.


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Document Created: 2017-09-02 03:25:20
Document Modified: 2017-09-02 03:25:20
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.
DatesComments must be received by November 6, 2017.
ContactWilliam Parham at (410) 786-4669.
FR Citation82 FR 41966 

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