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58974 Federal Register / Vol. 70, No.

195 / Tuesday, October 11, 2005 / Rules and Regulations

§ 62.301 Payment of fees and other provisions of the Small Business Act ACTION: Final rule.
charges. including the Consolidated
Fees and other charges for QSVP Appropriations Act, 2005, specifically, SUMMARY: The Food and Drug
services shall be paid in accordance Subtitle E of Division K entitled the Administration (FDA) is amending the
with the following provisions. Upon Small Business Reauthorization and final monograph (FM) for over-the-
receipt of billing for fees and other Manufacturing Assistance Act of 2004. counter (OTC) nasal decongestant drug
charges, the applicant shall remit products (drug products used to relieve
Need for Correction nasal congestion due to a cold, hay
payment within 10 business days by
check, electronic funds transfer, draft, or Since publication, SBA has fever, or other upper respiratory
money order made payable to USDA, discovered that this interim rule allergies) to remove the indication ‘‘for
AMS, in accordance with directions on inadvertently stated SBA’s intent to the temporary relief of nasal congestion
the billing. Fees and charges shall be revise § 126.306 (found at 70 FR 51250) associated with sinusitis’’ and to
paid in advance if required by the when it should have cited specifically to prohibit use of the terms ‘‘sinusitis’’ and
auditor or other authorized USDA § 126.306(a). SBA intended to revise ‘‘associated with sinusitis’’ elsewhere
official. only subsection (a) leaving the other on the labeling. This final rule is part of
subsections unchanged. FDA’s ongoing review of OTC drug
Miscellaneous products.
List of Subjects in 13 CFR Part 126
OMB Control Number DATES: Effective Date: This regulation is
Administrative practice and
§ 62.400 OMB control number assigned procedure, Government procurement, effective April 11, 2007.
pursuant to the Paperwork Reduction Act. Small businesses. Compliance Dates: The compliance
The information collection and date for products with annual sales less
■ Accordingly, 13 CFR part 126 is
recordkeeping requirements of this part than $25,000 is October 11, 2007. The
corrected by making the following compliance date for all other products is
have been approved by OMB under 44 correcting amendments:
U.S.C. Chapter 35 and have been April 11, 2007.
assigned OMB Control Number 0581– PART 126—HUBZONE PROGRAM FOR FURTHER INFORMATION CONTACT:
0124. Michael T. Benson, Center for Drug
■ 1. The authority citation for part 126 Evaluation and Research, Food and
Dated: October 4, 2005. continues to read as follows: Drug Administration, 10903 New
Lloyd C. Day, Authority: 15 U.S.C. 632(a), 632(j), 632(p) Hampshire Ave., Bldg. 22, Silver Spring,
Administrator, Agricultural Marketing and 657a. MD 20993, 301–796–2090.
Service.
■ 2. Revise the first and last sentences SUPPLEMENTARY INFORMATION:
[FR Doc. 05–20310 Filed 10–7–05; 8:45 am]
of § 126.306(a) as follows: I. Background
BILLING CODE 3410–02–P
§ 126.306 How will SBA process this In the Federal Register of August 2,
certification? 2004 (69 FR 46119), FDA published a
SMALL BUSINESS ADMINISTRATION (a) The AA/HUB or designee is proposed rule to amend the FM for OTC
authorized to approve or decline nasal decongestant drug products to
13 CFR Part 126 certifications. * * * The decision of the remove the indication ‘‘for the
RIN 3245–AF31 AA/HUB or designee is the final agency temporary relief of nasal congestion
decision. associated with sinusitis’’ and to
HUBZone Program; Corrections * * * * * prohibit use of the terms ‘‘sinusitis’’ and
Dated: September 30, 2005. ‘‘associated with sinusitis’’ elsewhere
AGENCY: U.S. Small Business
Allegra McCullough,
on the labeling. Recent publications
Administration (SBA).
(Refs. 1 and 2) indicate that prospective
ACTION: Correcting amendments. Associate Deputy Administrator/Office of
Government Contracting and Business
studies on the role of nasal
SUMMARY: The U.S. Small Business Development. decongestants in the treatment of
Administration (SBA) is correcting an [FR Doc. 05–20188 Filed 10–7–05; 8:45 am]
sinusitis are lacking, and the data on
improper citation within the interim their use as an adjunct in the treatment
BILLING CODE 8025–01–P
rule that appeared in the Federal of sinusitis are limited and
Register on August 30, 2005, which controversial. Despite the lack of
amends SBA’s HUBZone program evidence for their use, nasal
DEPARTMENT OF HEALTH AND decongestants are recommended or
regulations. HUMAN SERVICES prescribed by health care providers as
DATES: Effective October 11, 2005. adjunctive therapy for sinusitis. This
Food and Drug Administration
FOR FURTHER INFORMATION CONTACT: treatment occurs within a physician-
Michael McHale, Associate patient relationship and should not be
21 CFR Parts 310 and 341
Administrator, HUBZone Program, at construed as evidence that consumers
(202) 205–6731 or by e-mail at: [Docket No. 2004N–0289] should self-diagnose and self-manage
michael.mchale@sba.gov. RIN 0910–AF34 sinusitis. In addition, there is
SUPPLEMENTARY INFORMATION: preclinical evidence that topical nasal
Cold, Cough, Allergy, Bronchodilator,
decongestants may have a negative
Background and Antiasthmatic Drug Products for
effect on the resolution of sinusitis, as
Over-the-Counter Human Use;
On August 30, 2005, at 79 FR 51243, they may increase the degree of sinus
Amendment of Final Monograph for
the SBA published an interim final rule inflammation (Ref. 3). Due to the current
Over-the-Counter Nasal Decongestant
amending SBA’s HUBZone, 8(a) labeling, FDA is concerned that
Drug Products
Business Development, Government consumers use OTC nasal decongestant
Contracting and Size Standard AGENCY: Food and Drug Administration, drug products (both oral and topical) to
regulations. This rule implemented HHS. treat symptoms associated with

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