80_FR_20301 80 FR 20229 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles

80 FR 20229 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 72 (April 15, 2015)

Page Range20229-20230
FR Document2015-08635

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.

Federal Register, Volume 80 Issue 72 (Wednesday, April 15, 2015)
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Pages 20229-20230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08635]



[[Page 20229]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0543]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Waiver of In Vivo 
Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral 
Dosage Form Products and Type A Medicated Articles

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 May 15, 
2015.

ADDRESSES: 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: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0575. 
Also include the FDA 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: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in 
Soluble Powder Oral Dosage Form Products and Type A Medicated 
Articles--21 CFR 514.1(b)(7-8) (OMB Control Number 0910-0575)--
Extension

    The Center for Veterinary Medicine (CVM) issued guidance for 
industry (GFI) #171 entitled ``Waivers of In Vivo Demonstration of 
Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form 
Products and Type A Medicated Articles'' to describe the procedures 
that the Agency recommends for the review of requests for waiver of in 
vivo demonstration of bioequivalence for generic soluble powder oral 
dosage form products and Type A medicated articles.
    The Generic Animal Drug and Patent Term Registration Act (GADPTRA) 
of 1988 (Pub. L. 100-670) permitted generic animal drug manufacturers 
to copy those pioneer animal drug products that were no longer subject 
to patent or other marketing exclusivity protection. The approval for 
marketing these generic products is based, in part, upon a 
demonstration of bioequivalence between the generic product and pioneer 
product. This guidance clarifies circumstances under which FDA believes 
the demonstration of bioequivalence required by the statute does not 
need to be established on the basis of in vivo studies for soluble 
powder oral dosage form products and Type A medicated articles. The 
data submitted in support of the waiver request are necessary to 
validate the waiver decision. The requirement to establish 
bioequivalence through in vivo studies (blood level bioequivalence or 
clinical endpoint bioequivalence) may be waived for soluble powder oral 
dosage form products or Type A medicated articles in either of two 
alternative ways. A biowaiver may be granted if it can be shown that 
the generic soluble powder oral dosage form product or Type A medicated 
article contains the same active and inactive ingredient(s) and is 
produced using the same manufacturing processes as the approved 
comparator product or article. Alternatively, a biowaiver may be 
granted without direct comparison to the pioneer product's formulation 
and manufacturing process if it can be shown that the active 
pharmaceutical ingredient(s) (API) is the same as the pioneer product, 
is soluble, and that there are no ingredients in the formulation likely 
to cause adverse pharmacologic effects. For the purpose of evaluating 
soluble powder oral dosage form products and Type A medicated articles, 
solubility can be demonstrated in one of two ways: ``USP definition'' 
approach or ``Dosage adjusted'' approach. The respondents for this 
collection of information are pharmaceutical companies manufacturing 
animal drugs. FDA estimates the burden for this collection of 
information as follows in Tables 1 and 2 of this document. The source 
of the above data is records of generic drug applications over the past 
10 years.
    In the Federal Register of January 12, 2015 (80 FR 1506), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. One comment was received, however it did not 
respond to any of the four information collection topics solicited and 
is therefore not addressed by the Agency.
    FDA estimates the burden of this collection of information as 
follows:

                    Table 1--Estimated Annual Reporting Burden for Water Soluble Powders \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
 CVM Guidance for industry #171      Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Same formulation/manufacturing                 1               1               1               5               5
 process approach...............
Same API/solubility approach....               5               5               5              10              50
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............              55
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                  Table 2--Estimated Annual Reporting Burden for Type A Medicated Articles \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
 CVM Guidance for industry #171      Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Same formulation/manufacturing                 2               2               2               5              10
 process approach...............

[[Page 20230]]

 
Same API/solubility approach....              10              10              10              20             200
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             210
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: April 8, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-08635 Filed 4-14-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices                                                                                              20229

                                              DEPARTMENT OF HEALTH AND                                                  SUPPLEMENTARY INFORMATION:    In                                            clinical endpoint bioequivalence) may
                                              HUMAN SERVICES                                                            compliance with 44 U.S.C. 3507, FDA                                         be waived for soluble powder oral
                                                                                                                        has submitted the following proposed                                        dosage form products or Type A
                                              Food and Drug Administration                                              collection of information to OMB for                                        medicated articles in either of two
                                              [Docket No. FDA–2008–N–0543]                                              review and clearance.                                                       alternative ways. A biowaiver may be
                                                                                                                        Waiver of In Vivo Demonstration of                                          granted if it can be shown that the
                                              Agency Information Collection                                             Bioequivalence of Animal Drugs in                                           generic soluble powder oral dosage form
                                              Activities; Submission for Office of                                      Soluble Powder Oral Dosage Form                                             product or Type A medicated article
                                              Management and Budget Review;                                             Products and Type A Medicated                                               contains the same active and inactive
                                              Comment Request; Waiver of In Vivo                                        Articles—21 CFR 514.1(b)(7–8) (OMB                                          ingredient(s) and is produced using the
                                              Demonstration of Bioequivalence of                                        Control Number 0910–0575)—Extension                                         same manufacturing processes as the
                                              Animal Drugs in Soluble Powder Oral                                                                                                                   approved comparator product or article.
                                              Dosage Form Products and Type A                                             The Center for Veterinary Medicine
                                                                                                                                                                                                    Alternatively, a biowaiver may be
                                              Medicated Articles                                                        (CVM) issued guidance for industry
                                                                                                                        (GFI) #171 entitled ‘‘Waivers of In Vivo                                    granted without direct comparison to
                                              AGENCY:      Food and Drug Administration,                                Demonstration of Bioequivalence of                                          the pioneer product’s formulation and
                                              HHS.                                                                      Animal Drugs in Soluble Powder Oral                                         manufacturing process if it can be
                                                                                                                        Dosage Form Products and Type A                                             shown that the active pharmaceutical
                                              ACTION:     Notice.
                                                                                                                        Medicated Articles’’ to describe the                                        ingredient(s) (API) is the same as the
                                              SUMMARY:   The Food and Drug                                              procedures that the Agency                                                  pioneer product, is soluble, and that
                                              Administration (FDA) is announcing                                        recommends for the review of requests                                       there are no ingredients in the
                                              that a proposed collection of                                             for waiver of in vivo demonstration of                                      formulation likely to cause adverse
                                              information has been submitted to the                                     bioequivalence for generic soluble                                          pharmacologic effects. For the purpose
                                              Office of Management and Budget                                           powder oral dosage form products and                                        of evaluating soluble powder oral
                                              (OMB) for review and clearance under                                      Type A medicated articles.                                                  dosage form products and Type A
                                              the Paperwork Reduction Act of 1995.                                        The Generic Animal Drug and Patent                                        medicated articles, solubility can be
                                              DATES: Fax written comments on the                                        Term Registration Act (GADPTRA) of                                          demonstrated in one of two ways: ‘‘USP
                                              collection of information by May 15,                                      1988 (Pub. L. 100–670) permitted                                            definition’’ approach or ‘‘Dosage
                                              2015.                                                                     generic animal drug manufacturers to                                        adjusted’’ approach. The respondents
                                                                                                                        copy those pioneer animal drug                                              for this collection of information are
                                              ADDRESSES:   To ensure that comments on                                   products that were no longer subject to
                                              the information collection are received,                                                                                                              pharmaceutical companies
                                                                                                                        patent or other marketing exclusivity                                       manufacturing animal drugs. FDA
                                              OMB recommends that written                                               protection. The approval for marketing
                                              comments be faxed to the Office of                                                                                                                    estimates the burden for this collection
                                                                                                                        these generic products is based, in part,                                   of information as follows in Tables 1
                                              Information and Regulatory Affairs,                                       upon a demonstration of bioequivalence
                                              OMB, Attn: FDA Desk Officer, FAX:                                                                                                                     and 2 of this document. The source of
                                                                                                                        between the generic product and                                             the above data is records of generic drug
                                              202–395–7285, or emailed to oira_                                         pioneer product. This guidance clarifies
                                              submission@omb.eop.gov. All                                                                                                                           applications over the past 10 years.
                                                                                                                        circumstances under which FDA
                                              comments should be identified with the                                    believes the demonstration of                                                  In the Federal Register of January 12,
                                              OMB control number 0910–0575. Also                                        bioequivalence required by the statute                                      2015 (80 FR 1506), FDA published a 60-
                                              include the FDA docket number found                                       does not need to be established on the                                      day notice requesting public comment
                                              in brackets in the heading of this                                        basis of in vivo studies for soluble                                        on the proposed collection of
                                              document.                                                                 powder oral dosage form products and                                        information. One comment was
                                              FOR FURTHER INFORMATION CONTACT:    FDA                                   Type A medicated articles. The data                                         received, however it did not respond to
                                              PRA Staff, Office of Operations, Food                                     submitted in support of the waiver                                          any of the four information collection
                                              and Drug Administration, 8455                                             request are necessary to validate the                                       topics solicited and is therefore not
                                              Colesville Rd., COLE–14526, Silver                                        waiver decision. The requirement to                                         addressed by the Agency.
                                              Spring, MD 20993–0002 PRAStaff@                                           establish bioequivalence through in vivo                                       FDA estimates the burden of this
                                              fda.hhs.gov.                                                              studies (blood level bioequivalence or                                      collection of information as follows:

                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR WATER SOLUBLE POWDERS 1
                                                                                                                                                                       Number of                                                Average
                                                                                                                                            Number of                                            Total annual
                                                                CVM Guidance for industry #171                                                                       responses per                                            burden per              Total hours
                                                                                                                                           respondents                                            responses
                                                                                                                                                                       respondent                                              response

                                              Same formulation/manufacturing process approach ...........                                                      1                          1                          1                         5                 5
                                              Same API/solubility approach ..............................................                                      5                          5                          5                        10                50

                                                   Total ..............................................................................   ........................   ........................   ........................   ........................             55
                                                 1 There   are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                           TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR TYPE A MEDICATED ARTICLES 1
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                                                                                                                                                                       Number of                                                Average
                                                                                                                                            Number of                                            Total annual
                                                                CVM Guidance for industry #171                                                                       responses per                                            burden per              Total hours
                                                                                                                                           respondents                                            responses
                                                                                                                                                                       respondent                                              response

                                              Same formulation/manufacturing process approach ...........                                                      2                          2                          2                          5               10




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                                              20230                                 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Notices

                                                               TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR TYPE A MEDICATED ARTICLES 1—Continued
                                                                                                                                                                       Number of                                                Average
                                                                                                                                            Number of                                            Total annual
                                                                CVM Guidance for industry #171                                                                       responses per                                            burden per              Total hours
                                                                                                                                           respondents                                            responses
                                                                                                                                                                       respondent                                              response

                                              Same API/solubility approach ..............................................                                    10                         10                          10                        20               200

                                                   Total ..............................................................................   ........................   ........................   ........................   ........................            210
                                                 1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                Dated: April 8, 2015.                                                   has submitted the following proposed                                        FDA 3613d and FDA 3613e and the
                                              Leslie Kux,                                                               collection of information to OMB for                                        CFSAN Certificate Application Process
                                              Associate Commissioner for Policy.                                        review and clearance.                                                       approved under OMB control number
                                              [FR Doc. 2015–08635 Filed 4–14–15; 8:45 am]                                                                                                           0910–0498.
                                                                                                                        Food and Cosmetic Export Certificate
                                              BILLING CODE 4164–01–P                                                                                                                                   We request the following information
                                                                                                                        Application Process (21 U.S.C. 381(e))
                                                                                                                                                                                                    on Form FDA 3613d and the CFSAN
                                                                                                                        (OMB Control Number 0910–NEW)
                                                                                                                                                                                                    Certificate Application Process, as
                                              DEPARTMENT OF HEALTH AND                                                     Some foreign countries require                                           currently approved by OMB: The name
                                              HUMAN SERVICES                                                            manufacturers of FDA-regulated                                              of and contact information for the
                                                                                                                        products to provide an export certificate                                   requester; the name of and contact
                                              Food and Drug Administration                                              for the products they wish to export to                                     information for the exporting company
                                              [Docket No. FDA–2014–N–2347]                                              that country. A Certificate of Free Sale                                    (if different from requester); a
                                                                                                                        is a certificate (not pertaining to a                                       designation of the type of certificate
                                              Agency Information Collection                                             particular production lot or export                                         requested (‘‘general’’ or ‘‘product-
                                              Activities; Submission for Office of                                      consignment) that indicates that the                                        specific’’); if product-specific, a list of
                                              Management and Budget Review;                                             particular product is marketed in the                                       the exact brand names of the products;
                                              Comment Request; Food and                                                 United States or eligible for export, and                                   the contact person, company name and
                                              Cosmetic Export Certificate                                               that the particular manufacturer has no                                     address where the requested certificate
                                              Application Process                                                       unresolved enforcement actions                                              should be sent; and, the name and
                                                                                                                        pending before or taken by FDA. FDA’s                                       account number (if applicable) of the
                                              AGENCY:      Food and Drug Administration,                                Center for Food Safety and Applied                                          requester’s preferred carrier for delivery
                                              HHS.                                                                      Nutrition (CFSAN) issues such                                               of the certificate. Finally, Form FDA
                                              ACTION:     Notice.                                                       certificates for food, food additives,                                      3613d and the CFSAN Certificate
                                              SUMMARY:    The Food and Drug                                             seafood, dietary supplements, and                                           Application Process requires the
                                              Administration (FDA) is announcing                                        cosmetics. Interested persons may                                           requester’s signature, the name and title
                                              that a proposed collection of                                             request a certificate by using the                                          of the person signing the form, as well
                                              information has been submitted to the                                     electronic CFSAN Certificate                                                as the date signed.
                                              Office of Management and Budget                                           Application Process, which is part of                                          We request the following information
                                              (OMB) for review and clearance under                                      FDA Unified Registration and Listing                                        on Form FDA 3613e and the CFSAN
                                              the Paperwork Reduction Act of 1995.                                      System, or by submitting a paper Form                                       Certificate Application Process, as
                                              DATES: Fax written comments on the
                                                                                                                        FDA 3613d for cosmetic products or a                                        currently approved by OMB: The name
                                              collection of information by May 15,                                      paper Form FDA 3613e for food                                               of and contact information for the
                                              2015.                                                                     products. We use the information                                            manufacturer, as well as the
                                                                                                                        submitted to determine whether to issue                                     manufacturer’s state license or
                                              ADDRESSES: To ensure that comments on                                     the requested certificate.                                                  registration number; the name of and
                                              the information collection are received,                                     OMB has approved the submission of                                       contact information for the exporting
                                              OMB recommends that written                                               requests for export certificates on paper                                   company (if different from
                                              comments be faxed to the Office of                                        Forms FDA 3613d and FDA 3613e and,                                          manufacturer), as well as the exporting
                                              Information and Regulatory Affairs,                                       electronically, via the CFSAN Certificate                                   company’s state license or registration
                                              OMB, Attn: FDA Desk Officer, FAX:                                         Application Process under OMB control                                       number; a description of the shipment
                                              202–395–7285, or emailed to oira_                                         number 0910–0498. This notice                                               including the product, the common
                                              submission@omb.eop.gov. All                                               announces that, to ensure the efficient                                     name, the manufacturer, and a
                                              comments should be identified with the                                    review of the information collection by                                     description or additional comments; the
                                              OMB control number 0910–NEW and                                           OMB under the PRA, we are seeking to                                        name of the country to which the
                                              title ‘‘Food and Cosmetic Export                                          obtain a new OMB Control Number for                                         requester of the certificate intends to
                                              Certificate Application Process (21                                       Forms FDA 3613d and FDA 3613e and                                           ship the product; the contact person,
                                              U.S.C. 381(e)).’’ Also include the FDA                                    the CFSAN Certificate Application                                           firm name and address where the
                                              docket number found in brackets in the                                    Process to reflect that the electronic                                      requested certificate should be sent;
                                              heading of this document.                                                 submission system for food and                                              and, the name and account number (if
                                              FOR FURTHER INFORMATION CONTACT: FDA                                      cosmetic export certificates is separate                                    applicable) of the requester’s preferred
                                              PRA Staff, Office of Operations, Food
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                                                                                                                        from the electronic submission system                                       carrier for delivery of the certificate.
                                              and Drug Administration, 8455                                             associated with export certificates for                                     Form FDA 3613e and the CFSAN
                                              Colesville Road; COLE–14526, Silver                                       other FDA-regulated products approved                                       Certificate Application Process requires
                                              Spring, MD 20993–0002 PRAStaff@                                           under OMB control number 0910–0498.                                         the requestor to submit an original or
                                              fda.hhs.gov.                                                              Upon OMB approval of this information                                       copy of the applicable product label or
                                              SUPPLEMENTARY INFORMATION: In                                             collection request, we will adjust the                                      labels. Finally, Form FDA 3613e and the
                                              compliance with 44 U.S.C. 3507, FDA                                       burden hours associated with Forms                                          CFSAN Certificate Application Process


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Document Created: 2015-12-18 11:13:10
Document Modified: 2015-12-18 11:13:10
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.
DatesFax written comments on the collection of information by May 15, 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 20229 

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