80_FR_15269 80 FR 15214 - Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Producers of Drugs and Listing of Drugs in Commercial Distribution

80 FR 15214 - Agency Information Collection Activities; Proposed Collection; Comment Request; Registration of Producers of Drugs and Listing of Drugs in Commercial Distribution

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 55 (March 23, 2015)

Page Range15214-15217
FR Document2015-06497

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. 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 of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the requirements for drug establishment registration and drug listing.

Federal Register, Volume 80 Issue 55 (Monday, March 23, 2015)
[Federal Register Volume 80, Number 55 (Monday, March 23, 2015)]
[Notices]
[Pages 15214-15217]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06497]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0742]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Registration of Producers of Drugs and Listing of 
Drugs in Commercial Distribution

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. 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 of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the requirements for drug 
establishment registration and drug listing.

DATES: Submit either electronic or written comments on the collection 
of information by May 22, 2015.

ADDRESSES: Submit electronic comments on the collection of information 
to http://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA 
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, 
Rockville, MD 20852. All comments should be identified with the docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002; [email protected].

SUPPLEMENTARY INFORMATION: 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. 
``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 (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Registration of Producers of Drugs and Listing of Drugs in Commercial 
Distribution--21 CFR Part 207 (OMB Control Number 0910-0045)--Extension

    Requirements for drug establishment registration and drug listing 
are set forth in section 510 of the Federal Food, Drug, and Cosmetic 
Act (the FD&C Act) (21 U.S.C. 360), section 351 of the Public Health 
Service Act (42 U.S.C.

[[Page 15215]]

262), and part 207 (21 CFR part 207). Fundamental to FDA's mission to 
protect the public health is the collection of this information, which 
is used for important activities such as postmarket surveillance for 
serious adverse drug reactions, inspection of drug manufacturing and 
processing facilities, and monitoring of drug products imported into 
the United States. Comprehensive, accurate, and up to date information 
is critical to conducting these activities with efficiency and 
effectiveness.
    Under section 510 of the FD&C Act, FDA is authorized to establish a 
system for registration of producers of drugs and for listing of drugs 
in commercial distribution. To implement section 510 of the FD&C Act, 
FDA issued part 207. Under current Sec.  207.20, manufacturers, 
repackers, and relabelers that engage in the manufacture, preparation, 
propagation, compounding, or processing of human or veterinary drugs 
and biological products, including bulk drug substances and bulk drug 
substances for prescription compounding, and drug premixes as well as 
finished dosage forms, whether prescription or over-the-counter, are 
required to register their establishment. In addition, manufacturers, 
repackers, and relabelers are required to submit a listing of every 
drug or biological product in commercial distribution. Owners or 
operators of establishments that distribute under their own label or 
trade name a drug product manufactured by a registered establishment 
are not required either to register or list. However, distributors may 
elect to submit drug listing information in lieu of the registered 
establishment that manufactures the drug product. Foreign drug 
establishments must also comply with the establishment registration and 
product listing requirements if they import or offer for import their 
products into the United States.
    Under current Sec.  207.21, establishments, both domestic and 
foreign, must register with FDA within 5 days after beginning the 
manufacture of drugs or biologicals, or within 5 days after the 
submission of a drug application or biological license application. In 
addition, establishments must register annually. Changes in individual 
ownership, corporate or partnership structure, location, or drug 
handling activity must be submitted as amendments to registration under 
current Sec.  207.26 within 5 days of such changes. Under Sec.  
207.20(b), private label distributors may request their own labeler 
code and elect to submit drug listing information to FDA. In such 
instances, at the time of submitting or updating drug listing 
information, private label distributors must certify to the registered 
establishment that manufactured, prepared, propagated, compounded, or 
processed (which includes, among other things, repackaging and 
relabeling) the listed drug that the drug listing submission was made. 
Establishments must, within 5 days of beginning the manufacture of 
drugs or biologicals, submit to FDA a listing for every drug or 
biological product in commercial distribution at that time. Private 
label distributors may elect to submit to FDA a listing of every drug 
product they place in commercial distribution. Registered 
establishments must submit to FDA drug product listing for those 
private label distributors who do not elect to submit listing 
information.
    Under Sec.  207.25, product listing information submitted to FDA by 
domestic and foreign manufacturers must, depending on the type of 
product being listed, include any new drug application number or 
biological establishment license number, copies of current labeling and 
a sampling of advertisements, a quantitative listing of the active 
ingredient for each drug or biological product not subject to an 
approved application or license, the NDC number, and any drug 
imprinting information.
    In addition to the product listing information required, FDA may 
also require, under Sec.  207.31, a copy of all advertisements and a 
quantitative listing of all ingredients for each listed drug or 
biological product not subject to an approved application or license; 
the basis for a determination, by the establishment, that a listed drug 
or biological product is not subject to marketing or licensing approval 
requirements; and a list of certain drugs or biological products 
containing a particular ingredient. FDA may also request, but not 
require, the submission of a qualitative listing of the inactive 
ingredients for all listed drugs or biological products, and a 
quantitative listing of the active ingredients for all listed drugs or 
biological products subject to an approved application or license.
    Under Sec.  207.30, establishments must update their product 
listing information every June and December or, at the discretion of 
the establishment, when any change occurs. These updates must include 
the following information: (1) A listing of all drug or biological 
products introduced for commercial distribution that have not been 
included in any previously submitted list; (2) all drug or biological 
products formerly listed for which commercial distribution has been 
discontinued; (3) all drug or biological products for which a notice of 
discontinuance was submitted and for which commercial distribution has 
been resumed; and (4) any material change in any information previously 
submitted. No update is required if no changes have occurred since the 
previously submitted list.
    Historically, drug establishment registration and drug listing 
information have been submitted in paper form using Form FDA 2656 
(Registration of Drug Establishment/Labeler Code Assignment), Form FDA 
2657 (Drug Product Listing), and Form FDA 2658 (Registered 
Establishments' Report of Private Label Distributors) (collectively 
referred to as FDA Forms). Changes in the FD&C Act resulting from 
enactment of the Food and Drug Administration Amendments Act of 2007 
(Pub. L. 110-85) (FDAAA) require that drug establishment registration 
and drug listing information be submitted electronically unless a 
waiver is granted. Before the enactment of FDAAA, section 510(p) of the 
FD&C Act expressly provided for electronic submission of drug 
establishment registration information upon a finding that electronic 
receipt was feasible, and section 510(j) of the FD&C Act provided that 
drug listing information be submitted in the form and manner prescribed 
by FDA. Section 224 of FDAAA, which amends section 510(p) of the FD&C 
Act, now expressly, requires electronic drug listing in addition to 
drug establishment registration. In certain cases, if it is 
unreasonable to expect a person to submit registration and listing 
information electronically, FDA may grant a waiver from the electronic 
format requirement.
    In the Federal Register of June 1, 2009 (74 FR 26248), FDA 
announced the availability of a guidance for industry entitled 
``Providing Regulatory Submissions in Electronic Format--Drug 
Establishment Registration and Drug Listing'' (the 2009 guidance). The 
document provides guidance to industry on the statutory requirement to 
submit electronically drug establishment registration and drug listing 
information. The guidance describes the types of information to include 
for purposes of drug establishment registration and drug listing and 
how to prepare and submit the information in an electronic format 
(Structured Product Labeling (SPL) files) that FDA can process, review, 
and archive. In addition to the information that previously was 
collected on the FDA Forms, the guidance addresses

[[Page 15216]]

electronic submission of other required information as follows:
     For registered foreign drug establishments, the name, 
address, and telephone number of its U.S. agent (Sec.  207.40(c));
     the name of each importer that is known to the 
establishment (the U.S. company or individual in the United States that 
is an owner, consignee, or recipient of the foreign establishment's 
drug that is imported into the United States. An importer does not 
include the consumer or patient who ultimately purchases, receives, or 
is administered the drug, unless the foreign establishment ships the 
drug directly to the consumer or the patient) (section 510(i)(1)(A) of 
the FD&C Act); and
     the name of each person who imports or offers for import 
(the name of each agent, broker, or other entity, other than a carrier, 
that the foreign drug establishment uses to facilitate the import of 
their drug into the United States) (section 510(i)(1)(A) of the FD&C 
Act).
    FDA also recommends the voluntary submission of the following 
additional information, when applicable:
     To facilitate correspondence between foreign 
establishments and FDA, the email address for the U.S. agent, and the 
telephone number(s) and email address for the importer and person who 
imports or offers for import their drug;
     a site-specific Data Universal Numbering System number for 
each entity (e.g., the registrant, establishments, U.S. agent, 
importer);
     the NDC product code for the source drug that is repacked 
or relabeled;
     distinctive characteristics of certain listed drugs, i.e., 
the flavor, the color, and image of the actual solid dosage form; and
     registrants may indicate that they view as confidential 
the registrant's business relationship with an establishment, or an 
inactive ingredient.
    In addition to this collection of information, there is an 
additional burden for the following activities:
     preparing a standard operating procedure (SOP) for the 
electronic submission of drug establishment registration and drug 
listing information;
     creating the SPL file, including accessing and reviewing 
the technical specifications and instructional documents provided by 
FDA (accessible at http://www.fda.gov/oc/datacouncil/spl.html);
     reviewing and selecting appropriate terms and codes used 
to create the SPL file (accessible at http://www.fda.gov/oc/datacouncil/spl.html);
     obtaining the digital certificate used with FDA's 
electronic submission gateway and uploading the SPL file for submission 
(accessible at http://www.fda.gov/esg/default.htm); and
     requests for waivers from the electronic submission 
process as described in the draft guidance.
    When FDA published the 2009 guidance on submitting establishment 
registration and drug listing information in electronic format, the 
Agency also amended its burden estimates for OMB control number 0910-
0045 to include the additional burden for the collection of information 
that had not been submitted using the FDA forms, and to create and 
upload the SPL file. The amended burden estimates included the one-time 
preparation of an SOP for creating and uploading the SPL file. Although 
most firms will already have prepared an SOP for the electronic 
submission of drug establishment registration and drug listing 
information, each year additional firms will need to create an SOP. As 
provided in Table 2 of this document, FDA estimates that approximately 
1,000 firms will have to expend a one-time burden to prepare, review, 
and approve an SOP, and the Agency estimates that it will take 40 hours 
per recordkeeper to create 1,000 new SOPs for a total of 40,000 hours.
    In Tables 1 and 2, the information collection requirements of the 
drug establishment registration and drug listing requirements have been 
grouped according to the information collection areas of the 
requirements.

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
New registrations, including new           1,400               2           2,800             4.5          12,600
 labeler codes requests.........
Annual updates of registration            10,000               1          10,000             4.5          45,000
 information....................
New drug listings...............           1,567               7          11,000             4.5          49,500
New listings for private label               146           10.06           1,469             4.5           6,611
 distributor....................
June and December updates of all           5,300              20         106,000             4.5         477,000
 drug listing information.......
Waiver requests.................               1               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         590,712
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
 Activity resulting from section                     Number of                        Average
    510(p) of the FD&C Act as        Number of      records per    Total annual     burden per      Total hours
        amended by FDAAA           recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
One-time preparation of SOP.....           1,000               1           1,000              40          40,000
SOP maintenance.................           3,295               1           3,295               1           3,295
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          43,295
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the collection of information.



[[Page 15217]]

    Dated: March 17, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-06497 Filed 3-20-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                  15214                         Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices

                                                  delivery. The Patient Safety Rule                       Services Group was delisted effective at              information to the Division of Dockets
                                                  authorizes AHRQ, on behalf of the                       12:00 Midnight ET (2400) on January 5,                Management (HFA 305), Food and Drug
                                                  Secretary of HHS, to list as a PSO an                   2015.                                                 Administration, 5630 Fishers Lane, Rm.
                                                  entity that attests that it meets the                      PSO Services Group has patient safety              1061, Rockville, MD 20852. All
                                                  statutory and regulatory requirements                   work product (PSWP) in its possession.                comments should be identified with the
                                                  for listing. A PSO can be ‘‘delisted’’ by               The PSO will meet the requirements of                 docket number found in brackets in the
                                                  the Secretary if it is found to no longer               section 3.108(c)(2)(i) of the Patient                 heading of this document.
                                                  meet the requirements of the Patient                    Safety Rule regarding notification to                 FOR FURTHER INFORMATION CONTACT: FDA
                                                  Safety Act and Patient Safety Rule,                     providers that have reported to the PSO.              PRA Staff, Office of Operations, Food
                                                  when a PSO chooses to voluntarily                       In addition, according to sections                    and Drug Administration, 8455
                                                  relinquish its status as a PSO for any                  3.108(c)(2)(ii) and 3.108(b)(3) of the                Colesville Rd., COLE–14526, Silver
                                                  reason, or when a PSO’s listing expires.                Patient Safety Rule regarding                         Spring, MD 20993–0002; PRAStaff@
                                                  AHRQ has accepted a notification of                     disposition of PSWP, the PSO has 90                   fda.hhs.gov.
                                                  voluntary relinquishment from PSO                       days from the effective date of delisting
                                                                                                                                                                SUPPLEMENTARY INFORMATION: Under the
                                                  Services Group of its status as a PSO,                  and revocation to complete the
                                                  and has delisted the PSO accordingly.                                                                         PRA (44 U.S.C. 3501–3520), Federal
                                                                                                          disposition of PSWP that is currently in
                                                                                                                                                                Agencies must obtain approval from the
                                                  DATES: The directories for both listed                  the PSO’s possession.
                                                                                                                                                                Office of Management and Budget
                                                  and delisted PSOs are ongoing and                          More information on PSOs can be
                                                                                                                                                                (OMB) for each collection of
                                                  reviewed weekly by AHRQ. The                            obtained through AHRQ’s PSO Web site
                                                                                                                                                                information they conduct or sponsor.
                                                  delisting was effective at 12:00 Midnight               at http://www.pso.AHRQ.gov/
                                                                                                                                                                ‘‘Collection of information’’ is defined
                                                  ET (2400) on January 5, 2015.                           index.html.
                                                                                                                                                                in 44 U.S.C. 3502(3) and 5 CFR
                                                  ADDRESSES: Both directories can be                        Dated: March 17, 2015.                              1320.3(c) and includes Agency requests
                                                  accessed electronically at the following                Sharon B. Arnold,                                     or requirements that members of the
                                                  HHS Web site: http://                                   Deputy Director, AHRQ.                                public submit reports, keep records, or
                                                  www.pso.AHRQ.gov/index.html.                            [FR Doc. 2015–06455 Filed 3–20–15; 8:45 am]           provide information to a third party.
                                                  FOR FURTHER INFORMATION CONTACT:                        BILLING CODE 4160–90–P                                Section 3506(c)(2)(A) of the PRA (44
                                                  Eileen Hogan, Center for Quality                                                                              U.S.C. 3506(c)(2)(A)) requires Federal
                                                  Improvement and Patient Safety, AHRQ,                                                                         Agencies to provide a 60-day notice in
                                                  540 Gaither Road, Rockville, MD 20850;                  DEPARTMENT OF HEALTH AND                              the Federal Register concerning each
                                                  Telephone (toll free): (866) 403–3697;                  HUMAN SERVICES                                        proposed collection of information,
                                                  Telephone (local): (301) 427–1111; TTY                                                                        including each proposed extension of an
                                                  (toll free): (866) 438–7231; TTY (local):               Food and Drug Administration                          existing collection of information,
                                                  (301) 427–1130; Email: PSO@                             [Docket No. FDA–2011–N–0742]                          before submitting the collection to OMB
                                                  AHRQ.hhs.gov.                                                                                                 for approval. To comply with this
                                                  SUPPLEMENTARY INFORMATION:                              Agency Information Collection                         requirement, FDA is publishing notice
                                                                                                          Activities; Proposed Collection;                      of the proposed collection of
                                                  Background                                              Comment Request; Registration of                      information set forth in this document.
                                                     The Patient Safety Act authorizes the                Producers of Drugs and Listing of                        With respect to the following
                                                  listing of PSOs, which are entities or                  Drugs in Commercial Distribution                      collection of information, FDA invites
                                                  component organizations whose                                                                                 comments on these topics: (1) Whether
                                                  mission and primary activity are to                     AGENCY:    Food and Drug Administration,              the proposed collection of information
                                                  conduct activities to improve patient                   HHS.                                                  is necessary for the proper performance
                                                  safety and the quality of health care                   ACTION:   Notice.                                     of FDA’s functions, including whether
                                                  delivery.                                                                                                     the information will have practical
                                                     HHS issued the Patient Safety Rule to                SUMMARY:   The Food and Drug
                                                                                                                                                                utility; (2) the accuracy of FDA’s
                                                  implement the Patient Safety Act.                       Administration (FDA) is announcing an
                                                                                                                                                                estimate of the burden of the proposed
                                                  AHRQ administers the provisions of the                  opportunity for public comment on the
                                                                                                                                                                collection of information, including the
                                                  Patient Safety Act and Patient Safety                   proposed collection of certain
                                                                                                                                                                validity of the methodology and
                                                  Rule relating to the listing and operation              information by the Agency. Under the
                                                                                                                                                                assumptions used; (3) ways to enhance
                                                  of PSOs. The Patient Safety Rule                        Paperwork Reduction Act of 1995 (the
                                                                                                                                                                the quality, utility, and clarity of the
                                                  authorizes AHRQ to list as a PSO an                     PRA), Federal Agencies are required to
                                                                                                                                                                information to be collected; and (4)
                                                  entity that attests that it meets the                   publish notice in the Federal Register
                                                                                                                                                                ways to minimize the burden of the
                                                  statutory and regulatory requirements                   concerning each proposed collection of
                                                                                                                                                                collection of information on
                                                  for listing. A PSO can be ‘‘delisted’’ if               information, including each proposed
                                                                                                                                                                respondents, including through the use
                                                  it is found to no longer meet the                       extension of an existing collection of
                                                                                                                                                                of automated collection techniques,
                                                  requirements of the Patient Safety Act                  information, and to allow 60 days for
                                                                                                                                                                when appropriate, and other forms of
                                                  and Patient Safety Rule, when a PSO                     public comment in response to the
                                                                                                                                                                information technology.
                                                  chooses to voluntarily relinquish its                   notice. This notice solicits comments on
                                                  status as a PSO for any reason, or when                 the requirements for drug establishment               Registration of Producers of Drugs and
                                                  a PSO’s listing expires. Section 3.108(d)               registration and drug listing.                        Listing of Drugs in Commercial
                                                                                                          DATES: Submit either electronic or                    Distribution—21 CFR Part 207 (OMB
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  of the Patient Safety Rule requires
                                                  AHRQ to provide public notice when it                   written comments on the collection of                 Control Number 0910–0045)—Extension
                                                  removes an organization from the list of                information by May 22, 2015.                            Requirements for drug establishment
                                                  federally approved PSOs.                                ADDRESSES: Submit electronic                          registration and drug listing are set forth
                                                     AHRQ has accepted a notification                     comments on the collection of                         in section 510 of the Federal Food,
                                                  from PSO Services Group, PSO number                     information to http://                                Drug, and Cosmetic Act (the FD&C Act)
                                                  P0028, to voluntarily relinquish its                    www.regulations.gov. Submit written                   (21 U.S.C. 360), section 351 of the
                                                  status as a PSO. Accordingly, PSO                       comments on the collection of                         Public Health Service Act (42 U.S.C.


                                             VerDate Sep<11>2014   16:51 Mar 20, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4703   Sfmt 4703   E:\FR\FM\23MRN1.SGM   23MRN1


                                                                                Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices                                             15215

                                                  262), and part 207 (21 CFR part 207).                   instances, at the time of submitting or               which commercial distribution has been
                                                  Fundamental to FDA’s mission to                         updating drug listing information,                    discontinued; (3) all drug or biological
                                                  protect the public health is the                        private label distributors must certify to            products for which a notice of
                                                  collection of this information, which is                the registered establishment that                     discontinuance was submitted and for
                                                  used for important activities such as                   manufactured, prepared, propagated,                   which commercial distribution has been
                                                  postmarket surveillance for serious                     compounded, or processed (which                       resumed; and (4) any material change in
                                                  adverse drug reactions, inspection of                   includes, among other things,                         any information previously submitted.
                                                  drug manufacturing and processing                       repackaging and relabeling) the listed                No update is required if no changes
                                                  facilities, and monitoring of drug                      drug that the drug listing submission                 have occurred since the previously
                                                  products imported into the United                       was made. Establishments must, within                 submitted list.
                                                  States. Comprehensive, accurate, and up                 5 days of beginning the manufacture of                   Historically, drug establishment
                                                  to date information is critical to                      drugs or biologicals, submit to FDA a                 registration and drug listing information
                                                  conducting these activities with                        listing for every drug or biological                  have been submitted in paper form
                                                  efficiency and effectiveness.                           product in commercial distribution at                 using Form FDA 2656 (Registration of
                                                     Under section 510 of the FD&C Act,                   that time. Private label distributors may             Drug Establishment/Labeler Code
                                                  FDA is authorized to establish a system                 elect to submit to FDA a listing of every             Assignment), Form FDA 2657 (Drug
                                                  for registration of producers of drugs                  drug product they place in commercial                 Product Listing), and Form FDA 2658
                                                  and for listing of drugs in commercial                  distribution. Registered establishments               (Registered Establishments’ Report of
                                                  distribution. To implement section 510                  must submit to FDA drug product                       Private Label Distributors) (collectively
                                                  of the FD&C Act, FDA issued part 207.                   listing for those private label                       referred to as FDA Forms). Changes in
                                                  Under current § 207.20, manufacturers,                  distributors who do not elect to submit               the FD&C Act resulting from enactment
                                                  repackers, and relabelers that engage in                listing information.                                  of the Food and Drug Administration
                                                  the manufacture, preparation,                              Under § 207.25, product listing                    Amendments Act of 2007 (Pub. L. 110–
                                                  propagation, compounding, or                            information submitted to FDA by                       85) (FDAAA) require that drug
                                                  processing of human or veterinary drugs                 domestic and foreign manufacturers                    establishment registration and drug
                                                  and biological products, including bulk                 must, depending on the type of product                listing information be submitted
                                                  drug substances and bulk drug                           being listed, include any new drug                    electronically unless a waiver is
                                                  substances for prescription                             application number or biological                      granted. Before the enactment of
                                                  compounding, and drug premixes as                       establishment license number, copies of               FDAAA, section 510(p) of the FD&C Act
                                                  well as finished dosage forms, whether                  current labeling and a sampling of                    expressly provided for electronic
                                                  prescription or over-the-counter, are                   advertisements, a quantitative listing of             submission of drug establishment
                                                  required to register their establishment.               the active ingredient for each drug or                registration information upon a finding
                                                  In addition, manufacturers, repackers,                  biological product not subject to an                  that electronic receipt was feasible, and
                                                  and relabelers are required to submit a                 approved application or license, the                  section 510(j) of the FD&C Act provided
                                                  listing of every drug or biological                     NDC number, and any drug imprinting                   that drug listing information be
                                                  product in commercial distribution.                     information.                                          submitted in the form and manner
                                                  Owners or operators of establishments                      In addition to the product listing                 prescribed by FDA. Section 224 of
                                                  that distribute under their own label or                information required, FDA may also                    FDAAA, which amends section 510(p)
                                                  trade name a drug product                               require, under § 207.31, a copy of all                of the FD&C Act, now expressly,
                                                  manufactured by a registered                            advertisements and a quantitative listing             requires electronic drug listing in
                                                  establishment are not required either to                of all ingredients for each listed drug or            addition to drug establishment
                                                  register or list. However, distributors                 biological product not subject to an                  registration. In certain cases, if it is
                                                  may elect to submit drug listing                        approved application or license; the                  unreasonable to expect a person to
                                                  information in lieu of the registered                   basis for a determination, by the                     submit registration and listing
                                                  establishment that manufactures the                     establishment, that a listed drug or                  information electronically, FDA may
                                                  drug product. Foreign drug                              biological product is not subject to                  grant a waiver from the electronic
                                                  establishments must also comply with                    marketing or licensing approval                       format requirement.
                                                  the establishment registration and                      requirements; and a list of certain drugs                In the Federal Register of June 1, 2009
                                                  product listing requirements if they                    or biological products containing a                   (74 FR 26248), FDA announced the
                                                  import or offer for import their products               particular ingredient. FDA may also                   availability of a guidance for industry
                                                  into the United States.                                 request, but not require, the submission              entitled ‘‘Providing Regulatory
                                                     Under current § 207.21,                              of a qualitative listing of the inactive              Submissions in Electronic Format—
                                                  establishments, both domestic and                       ingredients for all listed drugs or                   Drug Establishment Registration and
                                                  foreign, must register with FDA within                  biological products, and a quantitative               Drug Listing’’ (the 2009 guidance). The
                                                  5 days after beginning the manufacture                  listing of the active ingredients for all             document provides guidance to industry
                                                  of drugs or biologicals, or within 5 days               listed drugs or biological products                   on the statutory requirement to submit
                                                  after the submission of a drug                          subject to an approved application or                 electronically drug establishment
                                                  application or biological license                       license.                                              registration and drug listing
                                                  application. In addition, establishments                   Under § 207.30, establishments must                information. The guidance describes the
                                                  must register annually. Changes in                      update their product listing information              types of information to include for
                                                  individual ownership, corporate or                      every June and December or, at the                    purposes of drug establishment
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                                                  partnership structure, location, or drug                discretion of the establishment, when                 registration and drug listing and how to
                                                  handling activity must be submitted as                  any change occurs. These updates must                 prepare and submit the information in
                                                  amendments to registration under                        include the following information: (1) A              an electronic format (Structured Product
                                                  current § 207.26 within 5 days of such                  listing of all drug or biological products            Labeling (SPL) files) that FDA can
                                                  changes. Under § 207.20(b), private label               introduced for commercial distribution                process, review, and archive. In
                                                  distributors may request their own                      that have not been included in any                    addition to the information that
                                                  labeler code and elect to submit drug                   previously submitted list; (2) all drug or            previously was collected on the FDA
                                                  listing information to FDA. In such                     biological products formerly listed for               Forms, the guidance addresses


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                                                  15216                                    Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices

                                                  electronic submission of other required                                       • a site-specific Data Universal                                            • requests for waivers from the
                                                  information as follows:                                                    Numbering System number for each                                            electronic submission process as
                                                     • For registered foreign drug                                           entity (e.g., the registrant,                                               described in the draft guidance.
                                                  establishments, the name, address, and                                     establishments, U.S. agent, importer);                                         When FDA published the 2009
                                                  telephone number of its U.S. agent                                            • the NDC product code for the
                                                                                                                                                                                                         guidance on submitting establishment
                                                  (§ 207.40(c));                                                             source drug that is repacked or
                                                                                                                                                                                                         registration and drug listing information
                                                     • the name of each importer that is                                     relabeled;
                                                                                                                                                                                                         in electronic format, the Agency also
                                                  known to the establishment (the U.S.                                          • distinctive characteristics of certain
                                                                                                                             listed drugs, i.e., the flavor, the color,                                  amended its burden estimates for OMB
                                                  company or individual in the United                                                                                                                    control number 0910–0045 to include
                                                  States that is an owner, consignee, or                                     and image of the actual solid dosage
                                                                                                                             form; and                                                                   the additional burden for the collection
                                                  recipient of the foreign establishment’s
                                                  drug that is imported into the United                                         • registrants may indicate that they                                     of information that had not been
                                                                                                                             view as confidential the registrant’s                                       submitted using the FDA forms, and to
                                                  States. An importer does not include the
                                                                                                                             business relationship with an                                               create and upload the SPL file. The
                                                  consumer or patient who ultimately
                                                                                                                             establishment, or an inactive ingredient.                                   amended burden estimates included the
                                                  purchases, receives, or is administered
                                                                                                                                In addition to this collection of                                        one-time preparation of an SOP for
                                                  the drug, unless the foreign
                                                                                                                             information, there is an additional                                         creating and uploading the SPL file.
                                                  establishment ships the drug directly to
                                                                                                                             burden for the following activities:                                        Although most firms will already have
                                                  the consumer or the patient) (section                                         • preparing a standard operating
                                                  510(i)(1)(A) of the FD&C Act); and                                                                                                                     prepared an SOP for the electronic
                                                                                                                             procedure (SOP) for the electronic                                          submission of drug establishment
                                                     • the name of each person who                                           submission of drug establishment
                                                  imports or offers for import (the name                                                                                                                 registration and drug listing
                                                                                                                             registration and drug listing                                               information, each year additional firms
                                                  of each agent, broker, or other entity,                                    information;
                                                  other than a carrier, that the foreign                                                                                                                 will need to create an SOP. As provided
                                                                                                                                • creating the SPL file, including                                       in Table 2 of this document, FDA
                                                  drug establishment uses to facilitate the                                  accessing and reviewing the technical
                                                  import of their drug into the United                                                                                                                   estimates that approximately 1,000
                                                                                                                             specifications and instructional                                            firms will have to expend a one-time
                                                  States) (section 510(i)(1)(A) of the FD&C                                  documents provided by FDA (accessible
                                                  Act).                                                                                                                                                  burden to prepare, review, and approve
                                                                                                                             at http://www.fda.gov/oc/datacouncil/                                       an SOP, and the Agency estimates that
                                                     FDA also recommends the voluntary                                       spl.html);                                                                  it will take 40 hours per recordkeeper to
                                                  submission of the following additional                                        • reviewing and selecting appropriate
                                                  information, when applicable:                                                                                                                          create 1,000 new SOPs for a total of
                                                                                                                             terms and codes used to create the SPL
                                                     • To facilitate correspondence                                                                                                                      40,000 hours.
                                                                                                                             file (accessible at http://www.fda.gov/
                                                  between foreign establishments and                                         oc/datacouncil/spl.html);                                                      In Tables 1 and 2, the information
                                                  FDA, the email address for the U.S.                                           • obtaining the digital certificate used                                 collection requirements of the drug
                                                  agent, and the telephone number(s) and                                     with FDA’s electronic submission                                            establishment registration and drug
                                                  email address for the importer and                                         gateway and uploading the SPL file for                                      listing requirements have been grouped
                                                  person who imports or offers for import                                    submission (accessible at http://                                           according to the information collection
                                                  their drug;                                                                www.fda.gov/esg/default.htm); and                                           areas of the requirements.

                                                                                                                TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                            Number of                                                Average
                                                                                                                                                 Number of                                            Total annual
                                                                                         Activity                                                                         responses per                                            burden per              Total hours
                                                                                                                                                respondents                                            responses
                                                                                                                                                                            respondent                                              response

                                                  New registrations, including new labeler codes requests ...                                                1,400                           2                    2,800                            4.5          12,600
                                                  Annual updates of registration information ..........................                                     10,000                           1                   10,000                            4.5          45,000
                                                  New drug listings .................................................................                        1,567                           7                   11,000                            4.5          49,500
                                                  New listings for private label distributor ...............................                                   146                       10.06                    1,469                            4.5           6,611
                                                  June and December updates of all drug listing information                                                  5,300                          20                  106,000                            4.5         477,000
                                                  Waiver requests ...................................................................                            1                           1                        1                              1               1

                                                        Total ..............................................................................   ........................   ........................   ........................   ........................       590,712
                                                     1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                           TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                             Number of                                             Average
                                                   Activity resulting from section 510(p) of the FD&C Act as                                     Number of                                            Total annual
                                                                                                                                                                            records per                                           burden per               Total hours
                                                                        amended by FDAAA                                                       recordkeepers                                            records
                                                                                                                                                                           recordkeeper                                         recordkeeping

                                                  One-time preparation of SOP ..............................................                                  1,000                            1                    1,000                           40           40,000
                                                  SOP maintenance ................................................................                            3,295                            1                    3,295                            1            3,295
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                                                        Total ..............................................................................   ........................   ........................   ........................   ........................         43,295
                                                     1 There    are no capital costs or operating and maintenance costs associated with the collection of information.




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                                                                                Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Notices                                             15217

                                                    Dated: March 17, 2015.                                the SUPPLEMENTARY INFORMATION section                 Electronic Submission of Lot
                                                  Leslie Kux,                                             for electronic access to the guidance                 Distribution Reports’’ dated August
                                                  Associate Commissioner for Policy.                      document.                                             2014. FDA published a correction notice
                                                  [FR Doc. 2015–06497 Filed 3–20–15; 8:45 am]                Submit electronic comments on the                  to correct the docket number in the
                                                  BILLING CODE 4164–01–P
                                                                                                          guidance to http://www.regulations.gov.               Federal Register of September 16, 2014
                                                                                                          Submit written comments to the                        (79 FR 55497). FDA received a few
                                                                                                          Division of Dockets Management (HFA–                  comments on the draft guidance and
                                                  DEPARTMENT OF HEALTH AND                                305), Food and Drug Administration,                   those comments were considered as the
                                                  HUMAN SERVICES                                          5630 Fishers Lane, Rm. 1061, Rockville,               guidance was finalized. FDA is
                                                                                                          MD 20852.                                             finalizing the draft guidance with only
                                                  Food and Drug Administration                            FOR FURTHER INFORMATION CONTACT: Lori                 editorial changes. The guidance
                                                  [Docket No. FDA–2014–D–1288]                            J. Churchyard, Center for Biologics                   announced in this notice finalizes the
                                                                                                          Evaluation and Research, Food and                     draft guidance dated August 2014.
                                                  Electronic Submission of Lot                            Drug Administration, 10903 New
                                                                                                          Hampshire Ave., Bldg. 71, Rm. 7301,                      The guidance is being issued
                                                  Distribution Reports; Guidance for
                                                  Industry; Availability                                  Silver Spring, MD 20993–0002, 240–                    consistent with FDA’s good guidance
                                                                                                          402–7911; or Jared Lantzy, Center for                 practices regulation (21 CFR 10.115).
                                                  AGENCY:    Food and Drug Administration,                Drug Evaluation and Research, Food                    The guidance represents FDA’s current
                                                  HHS.                                                    and Drug Administration, 10903 New                    thinking on this topic. It does not create
                                                  ACTION:   Notice.                                       Hampshire Ave., Bldg. 22, Rm. 1116,                   or confer any rights for or on any person
                                                                                                          Silver Spring, MD 20993, email: esub@                 and does not operate to bind FDA or the
                                                  SUMMARY:    The Food and Drug                           fda.hhs.gov.                                          public. An alternative approach may be
                                                  Administration (FDA) is announcing the                                                                        used if such approach satisfies the
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  availability of a document entitled                                                                           requirements of the applicable statutes
                                                  ‘‘Electronic Submission of Lot                          I. Background                                         and regulations.
                                                  Distribution Reports; Guidance for                         FDA is announcing the availability of
                                                  Industry.’’ The guidance document                       a document entitled ‘‘Electronic                      II. Paperwork Reduction Act of 1995
                                                  provides information and                                Submission of Lot Distribution Reports;
                                                  recommendations pertaining to the                                                                               This guidance refers to previously
                                                                                                          Guidance for Industry.’’ The guidance                 approved collections of information
                                                  electronic submission of lot distribution               provides information and
                                                  reports for applicants with approved                                                                          found in FDA regulations. These
                                                                                                          recommendations pertaining to the                     collections of information are subject to
                                                  biologics license applications (BLAs).                  electronic submission of lot distribution
                                                  FDA recently published in the Federal                                                                         review by the Office of Management and
                                                                                                          reports. The guidance provides
                                                  Register a final rule requiring that,                                                                         Budget (OMB) under the Paperwork
                                                                                                          information on how to electronically
                                                  among other things, lot distribution                                                                          Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                          submit lot distribution reports for
                                                  reports be submitted to FDA in an                       biological products under approved                    3520). The collections of information in
                                                  electronic format that the Agency can                   BLAs for which CBER or CDER has                       21 CFR 600.81 and 600.90 have been
                                                  process, review, and archive. The                       regulatory responsibility. The guidance               approved under 0910–0308.
                                                  guidance announced in this notice                       does not apply to any other biological
                                                  finalizes the draft guidance entitled                                                                         III. Comments
                                                                                                          product.
                                                  ‘‘Guidance for Industry: Electronic                        FDA published in the Federal                          Interested persons may submit either
                                                  Submission of Lot Distribution Reports’’                Register of June 10, 2014 (79 FR 33072),              electronic comments regarding this
                                                  dated August 2014, and is intended to                   a final rule requiring electronic                     document to http://www.regulations.gov
                                                  help licensed manufacturers of products                 submission of certain postmarketing                   or written comments to the Division of
                                                  distributed under an approved BLA                       submissions. Among other things, under                Dockets Management (see ADDRESSES). It
                                                  (henceforth referred to as applicants)                  this rule applicants are required to
                                                  comply with the final rule.                                                                                   is only necessary to send one set of
                                                                                                          submit biological lot distribution reports            comments. Identify comments with the
                                                  DATES: Submit either electronic or                      to FDA in an electronic format that the               docket number found in brackets in the
                                                  written comments on Agency guidances                    Agency can process, review, and                       heading of this document. Received
                                                  at any time.                                            archive. The guidance is intended to                  comments may be seen in the Division
                                                  ADDRESSES: Submit written requests for                  help applicants subject to lot                        of Dockets Management between 9 a.m.
                                                  single copies of the guidance to the                    distribution reporting comply with the                and 4 p.m., Monday through Friday, and
                                                  Office of Communication, Outreach and                   final rule. Along with other information,             will be posted to the docket at http://
                                                  Development, Center for Biologics                       the guidance provides updated
                                                                                                                                                                www.regulations.gov.
                                                  Evaluation and Research (CBER), Food                    information about the following: (1)
                                                  and Drug Administration, 10903 New                      Structured Product Labeling standard                  IV. Electronic Access
                                                  Hampshire Ave., Bldg. 71, Rm. 3128,                     and vocabulary for electronic
                                                  Silver Spring, MD 20993–0002 or                         submission of lot distribution reporting;               Persons with access to the Internet
                                                  Division of Drug Information, Center for                (2) additional resources such as                      may obtain the guidance at either http://
                                                  Drug Evaluation and Research (CDER),                    implementation guide, validation                      www.fda.gov/BiologicsBloodVaccines/
                                                                                                                                                                GuidanceCompliance
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                                                  Food and Drug Administration, 10903                     procedures and links with further
                                                  New Hampshire Ave., Bldg. 51, Rm.                       information; and (3) procedures for                   RegulatoryInformation/Guidances/
                                                  2201, Silver Spring, MD 20993–0002.                     requesting temporary waivers from the                 default.htm, http://www.fda.gov/Drugs/
                                                  Send one self-addressed adhesive label                  electronic submission requirement.                    GuidanceCompliance
                                                  to assist the office in processing your                    In the Federal Register of August 29,              RegulatoryInformation/Guidances/
                                                  requests. The guidance may also be                      2014 (79 FR 51576), FDA announced the                 default.htm, or http://
                                                  obtained by mail by calling CBER at 1–                  availability of the draft guidance                    www.regulations.gov.
                                                  800–835–4709 or 240–402–7800. See                       entitled ’’ Guidance for Industry:


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Document Created: 2018-02-21 09:47:25
Document Modified: 2018-02-21 09:47:25
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.
DatesSubmit either electronic or written comments on the collection of information by May 22, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002; [email protected]
FR Citation80 FR 15214 

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