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 Department of Health and Human Services Food and Drug Administration [Docket No. 2005N-0186]
 AGENCY: Food and Drug Administration, HHS.
 ACTION: Notice.
 SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
 DATES: Fax written comments on the collection of information by October 14, 2005.
 ADDRESSES: OMB is still experiencing significant delays in the regular mail, including first class and express mail, and messenger deliveries are not being accepted.  To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn:  Fumie Yokota, Desk Officer for FDA, FAX:  202-395-6974.
 FOR FURTHER INFORMATION CONTACT: Peggy Robbins, Office of Management Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-1223.


SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. State Enforcement Notifications—21 CFR 100.2(d) (OMB Control Number 0910-0275)—Extension Section 310(b) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 337(b)) authorizes States to enforce certain sections of the act in their own names, but provides that States must notify FDA before doing so.  Section 100.2(d) (21 CFR 100.2(d)) sets forth the information that a State must provide to FDA in a letter of notification when it intends to take enforcement action under the act against a particular food located in the State. The information required under § 100.2(d) will enable FDA to identify the food against which the State intends to take action and advise the State whether Federal action has been taken against it. With certain narrow exceptions, Federal enforcement action precludes State action under the act. In the 
                    **Federal Register**
                     of  June 20, 2005 (70 FR 35446), FDA published a 60-day notice requesting public comment on the information collection provisions.  FDA received no comments. FDA estimates the burden of this collection of information as follows: 
 
 **Table 1.—Estimated Annual Reporting Burden**1
21 CFR Section
No. of 
                             Respondents
Annual 
                             Frequency per Response
Total Annual 
                             Responses
Hours per 
                             Response
Total Hours100.2(d)
1
1
1
10
101
                         There are no capital costs or operating and maintenance costs associated with this collection of information.
 The reporting burden for § 100.2(d) is insignificant because enforcement notifications are seldom used by States. During the last 3 years, FDA has not received any enforcement notifications. Since the enactment of section 403A(b) of the act (21 U.S.C. 343-1(b)) as part of the Nutrition Labeling and Education Act of 1990, FDA has received only a few enforcement notifications. Although FDA believes that the burden will be insignificant, it believes these information collection provisions should be extended to provide for the potential future need of a State government to submit enforcement notifications informing FDA when it intends to take enforcement action under the act against a particular food located in the State. Dated: September 7, 2005. Jeffrey Shuren, Assistant Commissioner for Policy.


[FR Doc. 05-18223 Filed 9-13-05; 8:45 am] BILLING CODE 4160-01-S