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Federal Register / Vol. 72, No.

19 / Tuesday, January 30, 2007 / Notices 4267

Dated: January 22, 2007. DEPARTMENT OF HEALTH AND 8:30 a.m.–5 p.m., February 15, 2007.
Judith Sparrow, HUMAN SERVICES 8:30 a.m.–4 p.m., February 16, 2007.
Place: Centers for Disease Control and
Director, American Health Information Prevention (CDC) Roybal Campus, Bldg 19,
Community, Office of Programs and Office of the National Coordinator for
Auditorium B3, 1600 Clifton Road, Atlanta,
Coordination, Office of the National Health Information Technology;
GA 30333.
Coordinator for Health Information American Health Information Status: Open to the public, limited only by
Technology. Community Population CARE and the space available.
[FR Doc. 07–393 Filed 1–29–07; 8:45 am] Clinical Care Connections Workgroup Purpose: The Committee is charged with
BILLING CODE 4150–24–M
Meeting providing advice and guidance to the
Secretary, the Assistant Secretary for Health,
ACTION: Announcement of meeting. the Director, CDC, and the Director, National
Center for Infectious Diseases (NCID),
DEPARTMENT OF HEALTH AND SUMMARY: This notice announces the regarding (1) the practice of hospital
HUMAN SERVICES 13th meeting of the American Health infection control; (2) strategies for
Information Community Population surveillance, prevention, and control of
Office of the National Coordinator for Care and Clinical Care Connections infections (e.g., nosocomial infections),
Health Information Technology; Workgroup [formerly Biosurveillance antimicrobial resistance, and related events
American Health Information Workgroup] in accordance with the in settings where healthcare is provided; and
(3) periodic updating of guidelines and other
Community Chronic Care Workgroup Federal Advisory Committee Act (Pub.
policy statements regarding prevention of
Meeting L. No. 92–463, 5 U.S.C., App.) healthcare-associated infections and
DATES: February 2, 2007, from 10 a.m. healthcare-related conditions.
ACTION: Announcement of meeting. to 3 p.m. Matters to Be Discussed: Agenda items will
ADDRESSES: Mary C. Switzer Building include: Information Technology Standards
SUMMARY: This notice announces the (330 C Street, SW., Washington, DC Update; National Quality Forum Update and
20201), Conference Room 4090 (please Prevention Epidemiology Centers Update.
13th meeting of the American Health
Agenda items are subject to change as
Information Community Chronic Care bring photo ID for entry to a Federal
priorities dictate.
Workgroup in accordance with the building) Contact Person for More Information:
Federal Advisory Committee Act (Pub. FOR FURTHER INFORMATION CONTACT: Harriette Lynch, Committee Management
L. No. 92–463, 5 U.S.C.; App.) http:/www.hhs.gov/healthit/ahic/ Specialist, HICPAC, Division of Healthcare
biosurveillance/. Quality Promotion, NCID, CDC, 1600 Clifton
DATES: February 15, 2007, from 1 p.m. Road, NE, M/S A–07, Atlanta, Georgia 30333,
to 4 p.m. SUPPLEMENTARY INFORMATION: The
telephone 404–639–4035.
Workgroup will discuss the priority The Director, Management Analysis and
ADDRESSES: Mary C. Switzer Building areas of Adverse Events and Response Services Office, has been delegated the
(330 C Street, SW., Washington, DC Management. authority to sign Federal Register notices
20201), Conference Room 4090 (please The meeting will be available via pertaining to announcements of meetings and
bring photo ID for entry to a Federal Internet access. For additional other committee management activities, for
building). information, go to http://www.hhs.gov/ both the Centers for Disease Control and
healthit/ahic/biosurveillance/ Prevention and the Agency for Toxic
FOR FURTHER INFORMATION: bio_instruct.html. Substances and Disease Registry.
http://www.hhs.gov/healthit/ahic/ Dated: January 22, 2007. Dated: January 23, 2007.
chroniccare/. Elaine L. Baker,
Judith Sparrow,
SUPPLEMENTARY INFORMATION: The Director, American Health Information Acting Director, Management Analysis and
Community, Office of Programs and Services Office, Centers for Disease Control
Workgroup will continue to discuss
Coordination, Office of the National and Prevention.
possible Recommendations to the
Coordinator for Health Information [FR Doc. E7–1393 Filed 1–29–07; 8:45 am]
American Health Information
Technology. BILLING CODE 4163–18–P
Community, and medical/legal issues
[FR Doc. 07–395 Filed 1–29–07; 8:45 am]
and challenges facing the use of remote
BILLING CODE 4150–24–M
monitoring and secure messaging DEPARTMENT OF HEALTH AND
technologies. HUMAN SERVICES
The meeting will be available via DEPARTMENT OF HEALTH AND
Internet access. For additional HUMAN SERVICES Food and Drug Administration
information, go to http://www.hhs.gov/ [Docket No. 2006N–0421]
healthit/ahic/chroniccare/ Centers for Disease Control and
cc_instruct.html. Prevention Agency Information Collection
Activities; Submission for Office of
Dated: January 24, 2007. Healthcare Infection Control Practices Management and Budget Review;
Judith Sparrow, Advisory Committee (HICPAC): Comment Request; Biological
Director, American Health Information Meeting Products: Reporting of Biological
Community, Office of Programs and In accordance with section 10(a)(2) of Product Deviations in Manufacturing;
Coordination, Office of the National Forms FDA 3486 and 3486A
the Federal Advisory Committee Act
Coordinator for Health Information
(Pub. L. 92–463), the Centers for Disease AGENCY: Food and Drug Administration,
Technology.
Control and Prevention (CDC) HHS.
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[FR Doc. 07–394 Filed 1–29–07; 8:45 am]


announces the following meeting of the
BILLING CODE 4150–24–M ACTION: Notice.
aforementioned committee.
Name: Healthcare Infection Control SUMMARY: The Food and Drug
Practices Advisory Committee (HICPAC). Administration (FDA) is announcing
Times and Dates: that a proposed collection of

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4268 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices

information has been submitted to the surveillance programs that provide time to complete a deviation report is 2
Office of Management and Budget timely and useful information. hours. The availability of the
(OMB) for review and clearance under Section 600.14 requires the standardized report form, Form FDA
the Paperwork Reduction Act of 1995. manufacturer who holds the biological 3486, and the ability to submit this
DATES: Fax written comments on the product license, for other than human report electronically to CBER (CDER
collection of information by March 1, blood and blood components, and who does not currently accept electronic
2007. had control over the product when the filings) further streamlines the report
deviation occurred, to report to the submission process.
ADDRESSES: To ensure that comments on Center for Biologics Evaluation and CBER is developing an addendum to
the information collection are received, Research (CBER) or to the Center for Form FDA 3486. The web-based
OMB recommends that written Drugs Evaluation and Research (CDER) addendum (Form FDA 3486A) would
comments be faxed to the Office of as soon as possible but not to exceed 45 request additional information when a
Information and Regulatory Affairs, calendar days after acquiring BPD report has been reviewed by FDA
OMB, Attn: FDA Desk Officer, FAX: information reasonably suggesting that a and evaluated as a possible recall. The
202–395–6974. reportable event has occurred. Section additional information requested would
FOR FURTHER INFORMATION CONTACT: 606.171 requires a licensed include information not contained in
Jonna Capezzuto, Office of the Chief manufacturer of human blood and blood the Form FDA 3486 such as: (1)
Information Officer (HFA–250), Food components, including Source Plasma; Distribution pattern, (2) method of
and Drug Administration, 5600 Fishers an unlicensed registered blood consignee notification, (3) consignee(s)
Lane, Rockville, MD 20857,301–827– establishment; or a transfusion service of products for further manufacture, (4)
4659. who had control over the product when additional product information, and (5)
the deviation occurred, to report to updated product disposition. This
SUPPLEMENTARY INFORMATION: In CBER as soon as possible but not to
compliance with 44 U.S.C. 3507, FDA information would be requested by
exceed 45 calendar days after acquiring CBER through e-mail notification to the
has submitted the following proposed information reasonably suggesting that a
collection of information to OMB for submitter of the BPD report. This
reportable event has occurred. The BPD information would be used by CBER for
review and clearance. reporting under 21 CFR 1271.350(b) for purposes of recall classification. We
Biological Products: Reporting of human cells, tissues, and cellular and plan to use Form FDA 3486A for only
Biological Product Deviations in tissue-based products is approved under biological products regulated by CBER.
Manufacturing; Forms FDA 3486 and OMB control number 0910–0559 We do not plan to use this form for
3486A (OMB Control Number 0910– (expires November 30, 2007). Form FDA
biological products regulated by CDER
0458)—Extension 3486 is used to submit BPDs under
because they receive very few BPD
these regulations.
Under section 351 of the Public Respondents to this collection of reports and do not accept electronic
Health Service Act (42 U.S.C. 262), all information are the licensed filings. CBER estimates that 5 percent of
biological products, including human manufacturers of biological products the total BPD reports submitted to CBER
blood and blood components, offered other than human blood and blood would need additional information
for sale in interstate commerce must be components, licensed manufacturers of submitted in the addendum. CBER
licensed and meet standards designed to blood and blood components including estimates it would take between 15 to 45
ensure the continued safety, purity, and Source Plasma, unlicensed registered minutes to complete the addendum. For
potency of such products. In addition, blood establishments, and transfusion calculation purposes, CBER is using
the Federal Food, Drug, and Cosmetic services. Based on information from one-half hour.
Act (the act) (21 U.S.C. 351) provides FDA’s database, there are an estimated Activities such as investigating,
that drugs and devices (including 147 licensed manufacturers of biological changing standard operating procedures
human blood and blood components) products other than human blood and or processes, and followup are currently
are adulterated if they do not conform blood components, 194 licensed required under part 211 (approved
with Current Good Manufacturing manufacturers of human blood and under OMB control no. 0910–0139,
Practice (CGMP) assuring that they meet blood components, including Source expires September 30, 2008); part 606
the requirements of the act. All Plasma, and 1,230 unlicensed registered (approved under OMB control no. 0910–
establishments manufacturing biological blood establishments. Based on the 0116, expires December 31, 2008); and
products including human blood and Center for Medicare and Medicaid part 820 (approved under OMB control
blood components must comply with Services records, there are an estimated no. 0910–0073, expires September 30,
the applicable CGMP regulations (parts 4,980 transfusion services. The number 2007) and, therefore, are not included in
211, 606, and 820 (21 CFR parts 211, of licensed manufacturers and total the burden calculation for the separate
606, and 820)). Transfusion services are annual responses under § 600.14 requirement of submitting a BPD report
required under 42 CFR 493.1271 to include the estimates for both CBER and to FDA.
comply with 21 CFR parts 606 and 640 CDER. The number of total annual In the Federal Register of October 31,
as they pertain to the performance of responses is based on the number of 2006, (71 FR 63772), FDA published a
manufacturing activities. FDA regards BPD reports FDA received in fiscal year 60-day notice requesting public
biological product deviation (BPD) 2005. The rate of submission is not comment on the information collection
reporting to be an essential tool in its expected to change significantly in the provisions. No comments were received.
directive to protect public health by next few years. Based on information FDA estimates the burden of this
establishing and maintaining from industry, the estimated average collection of information as follows:
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Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices 4269

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1


FDA Form No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Number Respondents per Response Responses Responses

600.14 3486 147 2.73 401 2.0 802

606.171 2 3486 194 169.89 32,958 2.0 65,916

606.171 3 3486 6,210 1.50 9,311 2.0 18,622

3486A 4 6,551 0.33 2,133 0.5 1,067

Total 86,407
1 There are no capital costs or maintenance costs associated with this collection of information.
2 Licensed manufacturers of human blood and blood components, including Source Plasma.
3 Unlicensed registered blood establishments and transfusion services (1,230 + 4,980 = 6,210).
4 Five percent of the total annual responses to CBER (42,653 x 0.05 = 2,133).

Dated: January 24, 2007. Lane, Rockville, MD 20857, 301–594– product application. The notice also
Jeffrey Shuren, 2041. offered Mr. Kimball an opportunity to
Assistant Commissioner for Policy. SUPPLEMENTARY INFORMATION: request a hearing on the debarment
[FR Doc. E7–1415 Filed 1–29–07; 8:45 am] proposal. The debarment proposal was
I. Background based on a finding, under section
BILLING CODE 4160–01–S
On May 24, 2000, a jury found Mr. 306(a)(2)(B) of the act (21 U.S.C.
Kimball guilty of one count of 335a(a)(2)(B)), that Mr. Kimball was
DEPARTMENT OF HEALTH AND conspiring to commit offenses against convicted of felonies under Federal law
HUMAN SERVICES the United States and the Florida for conduct relating to the regulation of
Department of Health, a Federal felony a drug product under the act.
Food and Drug Administration offense under 18 U.S.C. 371; six counts The certified letter also informed Mr.
[Docket No. 2005N–0105] of distributing a misbranded drug into Kimball that his request for a hearing
interstate commerce, a Federal felony could not rest upon mere allegations or
James T. Kimball; Denial of Hearing; offense under 21 U.S.C. 331(a); and one denials, but must present specific facts
Final Debarment Order count of making a false statement in a showing that there was a genuine and
matter within the jurisdiction of a substantial issue of fact requiring a
AGENCY: Food and Drug Administration, Federal agency, a Federal felony offense hearing. The letter also informed Mr.
HHS. under 18 U.S.C. 1001. On October 19, Kimball that the only material issue of
ACTION: Notice. 2000, the U.S. District Court for the fact was whether he was convicted as
Middle District of Florida entered alleged in the letter, and that the facts
SUMMARY: The Food and Drug judgment and sentenced Mr. Kimball for underlying his conviction are not at
Administration (FDA) is denying Mr. these offenses. issue in this proceeding. Finally, the
James T. Kimball’s request for a hearing The bases for these convictions were letter informed Mr. Kimball that if it
and is issuing a final order under the Mr. Kimball’s knowing and willful conclusively appeared from the face of
Federal Food, Drug, and Cosmetic Act participation, including conspiring, to the information and factual analyses in
(the act) permanently debarring Mr. violate Federal laws in connection with his request for a hearing that there was
James T. Kimball from providing the distribution of a misbranded drug, no genuine and substantial issue of fact
services in any capacity to a person that deprenyl, into interstate commerce, and that precluded the order of debarment,
has an approved or pending drug false statements he made to the U.S. FDA would enter summary judgment
product application. FDA bases this Customs Service about shipments of against him and deny his request for a
order on a finding that Mr. Kimball was deprenyl for export. The drug deprenyl hearing.
convicted of felonies under Federal law was misbranded because it contained In a letter dated May 16, 2005, Mr.
for conduct relating to the regulation of selegiline, the active ingredient of a Kimball responded to the certified letter
a drug product under the act. In prescription drug Eldepryl, but was by requesting a hearing.
addition, Mr. Kimball has failed to file dispensed without a prescription issued
with the agency information and by a licensed practitioner. II. Denial of Hearing
analyses sufficient to create a basis for As a result of these convictions, FDA In his May 16, 2005, request for a
a hearing concerning this action. served Mr. Kimball by certified letter on hearing, Mr. Kimball does not present
DATES: This order is effective January April 25, 2005,1 a proposal to any arguments or information to show
30, 2007. permanently debar him from providing why he should not be debarred. Mr.
ADDRESSES: Submit applications for services in any capacity to a person that Kimball merely states that: (1) He ‘‘was
termination of debarment to the has an approved or pending drug not convicted pursuant to the
Division of Dockets Management (HFA– statements set forth in FDA’s alleged
1 The certified letter was mailed to the prison
305), Food and Drug Administration, notice’’, (2) the allegations of his
facility where records indicated that Mr. Kimball
5630 Fishers Lane, rm. 1061, Rockville, convictions are incorrect, and (3) his
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was incarcerated, and the return receipt was signed


MD 20852. on April 25, 2005, by an employee at the facility. conviction does not mandate his
FOR FURTHER INFORMATION CONTACT: In his request for hearing, Mr. Kimball stated that debarment. Such statements do not
he received the letter on May 5, 2005. The delivery
Mary Catchings, Center for Drug dates do not alter the nature of Mr. Kimball’s
create a basis for a hearing because
Evaluation and Research (HFD–7), Food request for a hearing or our application of summary hearings will not be granted on mere
and Drug Administration, 5600 Fishers judgement in this matter. allegations, denials, or general

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