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Federal Register / Vol. 72, No.

151 / Tuesday, August 7, 2007 / Notices 44161

solution, 5 mg/5 mL, in the section for electronic access to the Dated: July 30, 2007.
‘‘Discontinued Drug Product List’’ summaries. Randall W. Lutter,
section of the Orange Book. The Deputy Commissioner for Policy.
FOR FURTHER INFORMATION CONTACT:
‘‘Discontinued Drug Product List’’ [FR Doc. E7–15234 Filed 8–6–07; 8:45 am]
delineates, among other items, drug Grace Carmouze, Center for Drug
Evaluation and Research, Food and BILLING CODE 4160–01–S
products that have been discontinued
from marketing for reasons other than Drug Administration, 10903 New
safety or effectiveness. ANDAs that refer Hampshire Ave., Bldg. 22, Rm. 6460,
DEPARTMENT OF HEALTH AND
to DEXEDRINE (dextroamphetamine Silver Spring, MD 20993–0002, 301–
HUMAN SERVICES
sulfate) oral solution, 5 mg/5 mL, may 796–0700, e-mail:
be approved by the agency as long as grace.carmouze@fda.hhs.gov. Health Resources and Services
they meet all relevant legal and SUPPLEMENTARY INFORMATION: Administration
regulatory requirements for the approval
of ANDAs. If FDA determines that I. Background Poison Control Center Stabilization
labeling for these drug products should and Enhancement Grant Programs
FDA is announcing the availability of
be revised to meet current standards, the summaries of medical and clinical AGENCY: Health Resources and Services
agency will advise ANDA applicants to pharmacology reviews of pediatric Administration (HRSA), HHS.
submit such labeling. studies conducted for ACTIQ (fentanyl), ACTION: Response to solicitation of
Dated: July 30, 2007. ALDARA (imiquimod), AMBIEN comments.
Randall W. Lutter, (zolpidem), COREG (carvedilol),
PROVIGIL (modafinil), and ZYPREXA SUMMARY: A notice was published in the
Deputy Commissioner for Policy.
(olanzapine). The summaries are being Federal Register (FR) on February 13,
[FR Doc. E7–15236 Filed 8–6–07; 8:45 am]
made available consistent with section 9 2007, (Vol. 72, p. 6738–6739),
BILLING CODE 4160–01–S
of the BPCA (Public Law 107–109). describing HRSA’s proposal to institute
Enacted on January 4, 2002, the BPCA an exception to the Department of
reauthorizes, with certain important Health and Human Services’ policy
DEPARTMENT OF HEALTH AND
changes, the pediatric exclusivity directive governing indirect cost
HUMAN SERVICES
program described in section 505A of recovery. The notice requested public
Food and Drug Administration the Federal Food, Drug, and Cosmetic comments on the proposed exception to
Act (the act) (21 U.S.C. 355a). Section Departmental policy requirements to be
Summaries of Medical and Clinical 505A of the act permits certain sent to HRSA no later than March 15,
Pharmacology Reviews of Pediatric applications to obtain 6 months of 2007.
Studies; Availability marketing exclusivity if, in accordance Three comments were received, one
with the requirements of the statute, the from a Poison Control Center (PCC) host
AGENCY: Food and Drug Administration, institution (grant recipient) and two
HHS. sponsor submits requested information
relating to the use of the drug in the from individual PCCs. Two of the three
ACTION: Notice. commenters supported HRSA’s plan to
pediatric population.
institute an exception from the grants
SUMMARY: The Food and Drug One of the provisions the BPCA policy directive, which would
Administration (FDA) is announcing the added to the pediatric exclusivity permanently limit indirect cost recovery
availability of summaries of medical program pertains to the dissemination of to 10 percent for the Poison Control
and clinical pharmacology reviews of pediatric information. Specifically, for Center Stabilization and Enhancement
pediatric studies submitted in all pediatric supplements submitted Grant Programs.
supplements for ACTIQ (fentanyl), under the BPCA, the BPCA requires
ALDARA (imiquimod), AMBIEN FDA to make available to the public a Issue: Institution of a 10 Percent Limit
(zolpidem), COREG (carvedilol), summary of the medical and clinical on the Indirect Cost
PROVIGIL (modafinil), and ZYPREXA pharmacology reviews of pediatric Comments: Two of the three
(olanzapine). These summaries are studies conducted for the supplement commenters fully supported HRSA’s
being made available consistent with (21 U.S.C. 355a(m)(1)). The summaries proposal to permanently limit indirect
the Best Pharmaceuticals for Children are to be made available not later than cost recovery rates to 10 percent for this
Act (the BPCA). For all pediatric 180 days after the report on the program. One commenter raised
supplements submitted under the pediatric study is submitted to FDA (21 concern that the limitation would
BPCA, the BPCA requires FDA to make U.S.C. 355a(m)(1)). Consistent with this impose greater burdens on the host
available to the public a summary of the provision of the BPCA, FDA has posted institution by shifting the unrecovered
medical and clinical pharmacology on the Internet at http://www.fda.gov/ administrative costs to the host
reviews of the pediatric studies cder/pediatric/index.htm summaries of institution. In response, we replied that
conducted for the supplement. medical and clinical pharmacology the 10 percent limitation had been in
ADDRESSES: Submit written requests for reviews of pediatric studies submitted effect since the institution of the award
single copies of the summaries to the in supplements for ACTIQ (fentanyl), program.
Division of Drug Information (HFD– ALDARA (imiquimod), AMBIEN Agency Response: As noted in the
240), Center for Drug Evaluation and (zolpidem), COREG (carvedilol), referenced Federal Register Notice,
Research, Food and Drug PROVIGIL (modafinil), and ZYPREXA since 2001, the HRSA Poison Control
Administration, 5600 Fishers Lane, (olanzapine). Copies are also available Program has limited indirect costs to 10
Rockville, MD 20857. Please specify by by mail (see ADDRESSES). percent of the allowable total direct
jlentini on PROD1PC65 with NOTICES

product name which summary or costs for grantees with negotiated rate
II. Electronic Access
summaries you are requesting. Send one agreements. This limitation on indirect
self-addressed adhesive label to assist Persons with access to the Internet costs was requested annually because
that office in processing your requests. may obtain the document at http:// many PCCs are housed within
See the SUPPLEMENTARY INFORMATION www.fda.gov/cder/pediatric/index.htm. universities and hospitals (the official

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44162 Federal Register / Vol. 72, No. 151 / Tuesday, August 7, 2007 / Notices

grantees) which have established general, contact the Clerk, United States to the administration of the vaccine
indirect cost rates in the range of 30 to Court of Federal Claims, 717 Madison described in the petition,’’ and
50 percent. Without a limitation on Place, NW., Washington, DC 20005, 2. Any allegation in a petition that the
indirect cost rates, the objectives of the (202) 357–6400. For information on petitioner either:
grant programs would not be met for the HRSA’s role in the Program, contact the (a) ‘‘Sustained, or had significantly
following reason: Director, National Vaccine Injury aggravated, any illness, disability,
The average amount of these grant Compensation Program, 5600 Fishers injury, or condition not set forth in the
awards has been approximately Lane, Room 11C–26, Rockville, MD Table but which was caused by’’ one of
$200,000, with some amounts as low as 20857; (301) 443–6593. the vaccines referred to in the Table, or
$30,000. Depending upon the host SUPPLEMENTARY INFORMATION: The
(b) ‘‘Sustained, or had significantly
institution’s indirect cost rate, as much Program provides a system of no-fault aggravated, any illness, disability,
as 50 percent of the grant award could compensation for certain individuals injury, or condition set forth in the
be consumed by the institution’s who have been injured by specified Vaccine Injury Table the first symptom
indirect costs, thus significantly childhood vaccines. Subtitle 2 of Title or manifestation of the onset or
reducing the amount of funds available XXI of the PHS Act, 42 U.S.C. 300aa– significant aggravation of which did not
to initiate and maintain the activities of 10 et seq., provides that those seeking occur within the time period set forth in
the grant. compensation are to file a petition with the Table but which was caused by a
Given the adverse impact on grant vaccine’’ referred to in the Table.
the U.S. Court of Federal Claims and to
activities for this program if full indirect This notice will also serve as the
serve a copy of the petition on the
cost recovery were permitted, and that special master’s invitation to all
Secretary of Health and Human
comments received were generally interested persons to submit written
Services, who is named as the
favorable to HRSA’s proposal, HRSA is information relevant to the issues
respondent in each proceeding. The
instituting the 10 percent limitation for described above in the case of the
Secretary has delegated his
the Poison Control Center Stabilization petitions listed below. Any person
responsibility under the Program to
and Enhancement Grant Programs. choosing to do so should file an original
HRSA. The Court is directed by statute
FOR FURTHER INFORMATION CONTACT: and three (3) copies of the information
to appoint special masters who take
Maxine Jones at mjones@hrsa.gov., with the Clerk of the U.S. Court of
evidence, conduct hearings as
Health Resources and Services Federal Claims at the address listed
appropriate, and make initial decisions
Administration, Healthcare Systems above (under the heading ‘‘For Further
as to eligibility for, and amount of,
Bureau, Poison Control Program. Information Contact’’), with a copy to
compensation.
Dated: July 30, 2007. HRSA addressed to Director, Division of
A petition may be filed with respect
Vaccine Injury Compensation Program,
Elizabeth M. Duke, to injuries, disabilities, illnesses,
Healthcare Systems Bureau, 5600
Administrator. conditions, and deaths resulting from
Fishers Lane, Room 11C–26, Rockville,
[FR Doc. E7–15352 Filed 8–6–07; 8:45 am] vaccines described in the Vaccine Injury
MD 20857. The Court’s caption
BILLING CODE 4165–15–P Table (the Table) set forth at Section
(Petitioner’s Name v. Secretary of Health
2114 of the PHS Act or as set forth at
and Human Services) and the docket
42 CFR 100.3, as applicable. This Table
number assigned to the petition should
DEPARTMENT OF HEALTH AND lists for each covered childhood vaccine
be used as the caption for the written
HUMAN SERVICES the conditions which may lead to
submission. Chapter 35 of title 44,
compensation and, for each condition,
Health Resources And Services United States Code, related to
the time period for occurrence of the
Administration paperwork reduction, does not apply to
first symptom or manifestation of onset
information required for purposes of
or of significant aggravation after
National Vaccine Injury Compensation carrying out the Program.
vaccine administration. Compensation
Program; List of Petitions Received may also be awarded for conditions not List of Petitions
AGENCY: Health Resources and Services listed in the Table and for conditions 1. Stacey Heinzelman, Milwaukee,
Administration, HHS. that are manifested outside the time Wisconsin, Court of Federal Claims
ACTION: Notice. periods specified in the Table, but only Number 07–0001V.
if the petitioner shows that the 2. Wilma Fagio, Monroe, North
SUMMARY: The Health Resources and condition was caused by one of the Carolina, Court of Federal Claims
Services Administration (HRSA) is listed vaccines. Number 07–0005V.
publishing this notice of petitions Section 2112(b)(2) of the PHS Act, 42 3. Norma and Douglas Rosenberg on
received under the National Vaccine U.S.C. 300aa–12(b)(2), requires that the behalf of Kevin Rosenberg, Lake
Injury Compensation Program (‘‘the Secretary publish in the Federal Success, New York, Court of Federal
Program’’), as required by section Register a notice of each petition filed. Claims Number 07–0009V.
2112(b)(2) of the Public Health Service Set forth below is a list of petitions 4. Annie Bell, Greensboro, North
(PHS) Act, as amended. While the received by HRSA on January 1, 2007, Carolina, Court of Federal Claims
Secretary of Health and Human Services through March 31, 2007. Number 07–0011V.
is named as the respondent in all Section 2112(b)(2) also provides that 5. Anthony Nevels, Aurora, Illinois,
proceedings brought by the filing of the special master ‘‘shall afford all Court of Federal Claims Number 07–
petitions for compensation under the interested persons an opportunity to 0019V.
Program, the United States Court of submit relevant, written information’’ 6. Louise Schmidt, Cherry Hill, New
Federal Claims is charged by statute relating to the following: Jersey, Court of Federal Claims Number
jlentini on PROD1PC65 with NOTICES

with responsibility for considering and 1. The existence of evidence ‘‘that 07–0020V.
acting upon the petitions. there is not a preponderance of the 7. Shemeka Ramsey on behalf of
FOR FURTHER INFORMATION CONTACT: For evidence that the illness, disability, Demarius Jamar Ramsey, Deceased,
information about requirements for injury, condition, or death described in Columbia, South Carolina, Court of
filing petitions, and the Program in the petition is due to factors unrelated Federal Claims Number 07–0021V.

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