80_FR_37748 80 FR 37622 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Registration of Producers of Drugs and Listing of Drugs in Commercial Distribution

80 FR 37622 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; 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 126 (July 1, 2015)

Page Range37622-37625
FR Document2015-16129

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 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37622-37625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16129]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; 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 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 July 
31, 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 0910-0045. 
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.

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. 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

[[Page 37623]]

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 national drug code (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 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;

[[Page 37624]]

     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, 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 the Federal Register of March 23, 2015 (80 FR 15214), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received one comment.
    The comment noted that under Sec.  207.20(a), manufacturers, 
repackers, and relabelers are required to register their establishment 
and submit a listing of every drug or biological product in commercial 
distribution. Under Sec.  207.20(b), 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 but may elect to submit drug 
listing information in lieu of the registered establishment that 
manufactures the drug product. The comment said that although the 
burden of listing private label drugs rests on the manufacturer, the 
standard industry practice has been to submit two separate listings 
under different marketing categories. The comment said that these 
listings are submitted either by the private label distributor or by 
the manufacturer and ``in order for the necessary information to be 
provided to FDA (all Offices and Centers) both listings are 
necessary.'' The comment also recommended that all drug listings should 
include the marketing category of the drug.
    FDA Response: Under section 510 of the FD&C Act and part 207, 
contract manufacturers (registered establishments) are required to list 
their products with FDA under their own labeler code. To properly 
identify such a listing, contract manufacturers should list products 
manufactured for a private label distributor by using one of following 
marketing categories: (1) Approved Drug Product Manufactured 
Exclusively For Private Label Distributor; (2) OTC Monograph Drug 
Product Manufactured Exclusively For Private Label Distributor; (3) 
Unapproved Drug Product Manufactured Exclusively For Private Label 
Distributor. Contract manufacturers may also include the private label 
distributor's labeling with the listing submission.
    Additionally, Sec.  207.20(b) requires that the private label 
distributor have its product listed under its own labeler code (using 
whatever marketing category is appropriate to the finished product 
(e.g., NDA, OTC Monograph, Unapproved Drug)). The private label 
distributor may elect to do this on its own. If the private label 
distributor elects not to do this, then the responsibility for 
submitting the additional listing falls on the registered establishment 
(the contract manufacturer).
    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
                        Activity                             Number of         responses per       Total annual    Average burden per     Total hours
                                                            respondents         respondent          responses           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                        5,300               20               106,000                4.5             477,000
 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.


[[Page 37625]]


                                                    Table 2--Estimated Annual Recordkeeping Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Activity resulting from Section 510(p) of the FD&C Act as      Number of      Number of records     Total annual      Average burden
                     amended by FDAAA                        recordkeepers     per recordkeeper       records       per recordkeeping     Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.


    Dated: June 25, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16129 Filed 6-30-15; 8:45 am]
BILLING CODE 4164-01-P



                                              37622                          Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices

                                                                                                       ANNUAL BURDEN ESTIMATES—Continued
                                                                                                                        Total Number                Annual Num-               Number of Re-              Average Bur-               Annual Burden
                                                                          Instrument                                     of Respond-                 ber of Re-                sponses per               den Hours per                 Hours
                                                                                                                             ents                    spondents                 Respondent                  Response

                                              Site visit semi-structured interview—program staff and
                                                community partner organization staff ...............................                     180                           90                          1                      1.25               113
                                              Site visit group discussion—program participants ...............                            84                           42                          1                      1.25                53

                                                   Estimated Total Annual Burden Hours .........................        ........................   ........................   ........................   ........................            178



                                                In compliance with the requirements                     DEPARTMENT OF HEALTH AND                                                  Registration of Producers of Drugs and
                                              of Section 3506(c)(2)(A) of the                           HUMAN SERVICES                                                            Listing of Drugs in Commercial
                                              Paperwork Reduction Act of 1995, the                                                                                                Distribution—21 CFR Part 207
                                              Administration for Children and                           Food and Drug Administration
                                                                                                                                                                                  OMB Control Number 0910–0045—
                                              Families is soliciting public comment                                                                                               Extension
                                              on the specific aspects of the                            [Docket No. FDA–2011–N–0742]
                                              information collection described above.                                                                                                Requirements for drug establishment
                                              Copies of the proposed collection of                      Agency Information Collection                                             registration and drug listing are set forth
                                              information can be obtained and                           Activities; Submission for Office of                                      in section 510 of the Federal Food,
                                              comments may be forwarded by writing                      Management and Budget Review;                                             Drug, and Cosmetic Act (the FD&C Act)
                                              to the Administration for Children and                    Comment Request; Registration of                                          (21 U.S.C. 360), section 351 of the
                                                                                                        Producers of Drugs and Listing of                                         Public Health Service Act (42 U.S.C.
                                              Families, Office of Planning, Research
                                                                                                        Drugs in Commercial Distribution                                          262), and part 207 (21 CFR part 207).
                                              and Evaluation, 370 L’Enfant
                                                                                                                                                                                  Fundamental to FDA’s mission to
                                              Promenade SW., Washington, DC 20447,                                                                                                protect the public health is the
                                              Attn: OPRE Reports Clearance Officer.                     AGENCY:        Food and Drug Administration,
                                                                                                        HHS.                                                                      collection of this information, which is
                                              Email address: OPREinfocollection@                                                                                                  used for important activities such as
                                              acf.hhs.gov. All requests should be                       ACTION:    Notice.                                                        postmarket surveillance for serious
                                              identified by the title of the information                                                                                          adverse drug reactions, inspection of
                                              collection.                                               SUMMARY:   The Food and Drug                                              drug manufacturing and processing
                                                The Department specifically requests                    Administration (FDA) is announcing                                        facilities, and monitoring of drug
                                              comments on (a) whether the proposed                      that a proposed collection of                                             products imported into the United
                                              collection of information is necessary                    information has been submitted to the                                     States. Comprehensive, accurate, and up
                                              for the proper performance of the                         Office of Management and Budget                                           to date information is critical to
                                              functions of the agency, including                        (OMB) for review and clearance under                                      conducting these activities with
                                              whether the information shall have                        the Paperwork Reduction Act of 1995.                                      efficiency and effectiveness.
                                              practical utility; (b) the accuracy of the                DATES:  Fax written comments on the                                          Under section 510 of the FD&C Act,
                                              agency’s estimate of the burden of the                    collection of information by July 31,                                     FDA is authorized to establish a system
                                              proposed collection of information; (c)                                                                                             for registration of producers of drugs
                                                                                                        2015.
                                              the quality, utility, and clarity of the                                                                                            and for listing of drugs in commercial
                                              information to be collected; and (d)                      ADDRESSES:   To ensure that comments on                                   distribution. To implement section 510
                                                                                                        the information collection are received,                                  of the FD&C Act, FDA issued part 207.
                                              ways to minimize the burden of the
                                                                                                        OMB recommends that written                                               Under current § 207.20, manufacturers,
                                              collection of information on
                                                                                                        comments be faxed to the Office of                                        repackers, and relabelers that engage in
                                              respondents, including through the use
                                                                                                        Information and Regulatory Affairs,                                       the manufacture, preparation,
                                              of automated collection techniques or                                                                                               propagation, compounding, or
                                              other forms of information technology.                    OMB, Attn: FDA Desk Officer, FAX:
                                                                                                        202–395–7285, or emailed to oira_                                         processing of human or veterinary drugs
                                              Consideration will be given to                                                                                                      and biological products, including bulk
                                              comments and suggestions submitted                        submission@omb.eop.gov. All
                                                                                                        comments should be identified with the                                    drug substances and bulk drug
                                              within 60 days of this publication.                                                                                                 substances for prescription
                                                                                                        OMB control number 0910–0045. Also
                                              Karl Koerper,                                             include the FDA docket number found                                       compounding, and drug premixes as
                                                                                                        in brackets in the heading of this                                        well as finished dosage forms, whether
                                              Reports Clearance Officer.
                                                                                                        document.                                                                 prescription or over-the-counter, are
                                              [FR Doc. 2015–16073 Filed 6–30–15; 8:45 am]
                                                                                                                                                                                  required to register their establishment.
                                              BILLING CODE 4184–01–P
                                                                                                        FOR FURTHER INFORMATION CONTACT:    FDA                                   In addition, manufacturers, repackers,
                                                                                                        PRA Staff, Office of Operations, Food                                     and relabelers are required to submit a
                                                                                                        and Drug Administration, 8455                                             listing of every drug or biological
                                                                                                        Colesville Rd., COLE–14526, Silver                                        product in commercial distribution.
                                                                                                        Spring, MD 20993–0002, PRAStaff@                                          Owners or operators of establishments
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                        fda.hhs.gov.                                                              that distribute under their own label or
                                                                                                                                                                                  trade name a drug product
                                                                                                        SUPPLEMENTARY INFORMATION:    In                                          manufactured by a registered
                                                                                                        compliance with 44 U.S.C. 3507, FDA                                       establishment are not required either to
                                                                                                        has submitted the following proposed                                      register or list. However, distributors
                                                                                                        collection of information to OMB for                                      may elect to submit drug listing
                                                                                                        review and clearance.                                                     information in lieu of the registered


                                         VerDate Sep<11>2014    18:30 Jun 30, 2015   Jkt 235001   PO 00000   Frm 00043       Fmt 4703       Sfmt 4703       E:\FR\FM\01JYN1.SGM              01JYN1


                                                                            Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices                                            37623

                                              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
                                              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
                                              instances, at the time of submitting or                 which commercial distribution has been                 electronic submission of other required
                                              updating drug listing information,                      discontinued; (3) all drug or biological               information as follows:
                                              private label distributors must certify to              products for which a notice of                            • For registered foreign drug
                                              the registered establishment that                       discontinuance was submitted and for                   establishments, the name, address, and
                                              manufactured, prepared, propagated,                     which commercial distribution has been                 telephone number of its U.S. agent
                                              compounded, or processed (which                         resumed; and (4) any material change in                (§ 207.40(c));
                                              includes, among other things,                           any information previously submitted.                     • the name of each importer that is
                                              repackaging and relabeling) the listed                  No update is required if no changes                    known to the establishment (the U.S.
                                              drug that the drug listing submission                   have occurred since the previously                     company or individual in the United
                                              was made. Establishments must, within                   submitted list.                                        States that is an owner, consignee, or
                                              5 days of beginning the manufacture of                     Historically, drug establishment                    recipient of the foreign establishment’s
                                              drugs or biologicals, submit to FDA a                   registration and drug listing information              drug that is imported into the United
                                              listing for every drug or biological                    have been submitted in paper form                      States. An importer does not include the
                                              product in commercial distribution at                   using Form FDA 2656 (Registration of                   consumer or patient who ultimately
                                              that time. Private label distributors may               Drug Establishment/Labeler Code                        purchases, receives, or is administered
                                              elect to submit to FDA a listing of every               Assignment), Form FDA 2657 (Drug                       the drug, unless the foreign
                                              drug product they place in commercial                   Product Listing), and Form FDA 2658                    establishment ships the drug directly to
                                              distribution. Registered establishments                 (Registered Establishments’ Report of                  the consumer or the patient) (section
                                              must submit to FDA drug product                         Private Label Distributors) (collectively              510(i)(1)(A) of the FD&C Act); and
                                              listing for those private label                         referred to as FDA Forms). Changes in                     • the name of each person who
                                              distributors who do not elect to submit                 the FD&C Act resulting from enactment                  imports or offers for import (the name
                                              listing information.                                    of the Food and Drug Administration                    of each agent, broker, or other entity,
                                                 Under § 207.25, product listing                      Amendments Act of 2007 (Pub. L. 110–                   other than a carrier, that the foreign
                                              information submitted to FDA by                         85) (FDAAA) require that drug                          drug establishment uses to facilitate the
                                              domestic and foreign manufacturers                      establishment registration and drug                    import of their drug into the United
                                              must, depending on the type of product                  listing information be submitted                       States) (section 510(i)(1)(A) of the FD&C
                                              being listed, include any new drug                      electronically unless a waiver is                      Act).
                                              application number or biological                        granted. Before the enactment of                          FDA also recommends the voluntary
                                              establishment license number, copies of                 FDAAA, section 510(p) of the FD&C Act                  submission of the following additional
                                              current labeling and a sampling of                      expressly provided for electronic                      information, when applicable:
                                              advertisements, a quantitative listing of               submission of drug establishment                          • To facilitate correspondence
                                              the active ingredient for each drug or                  registration information upon a finding                between foreign establishments and
                                              biological product not subject to an                    that electronic receipt was feasible, and              FDA, the email address for the U.S.
                                              approved application or license, the                    section 510(j) of the FD&C Act provided                agent, and the telephone number(s) and
                                              national drug code (NDC) number, and                    that drug listing information be                       email address for the importer and
                                              any drug imprinting information.                        submitted in the form and manner                       person who imports or offers for import
                                                 In addition to the product listing                   prescribed by FDA. Section 224 of                      their drug;
tkelley on DSK3SPTVN1PROD with NOTICES




                                              information required, FDA may also                      FDAAA, which amends section 510(p)                        • a site-specific Data Universal
                                              require, under § 207.31, a copy of all                  of the FD&C Act, now expressly,                        Numbering System number for each
                                              advertisements and a quantitative listing               requires electronic drug listing in                    entity (e.g., the registrant,
                                              of all ingredients for each listed drug or              addition to drug establishment                         establishments, U.S. agent, importer);
                                              biological product not subject to an                    registration. In certain cases, if it is                  • the NDC product code for the
                                              approved application or license; the                    unreasonable to expect a person to                     source drug that is repacked or
                                              basis for a determination, by the                       submit registration and listing                        relabeled;


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                                              37624                                  Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices

                                                 • distinctive characteristics of certain                              creating and uploading the SPL file.                                          listings are necessary.’’ The comment
                                              listed drugs, i.e., the flavor, the color,                               Although most firms will already have                                         also recommended that all drug listings
                                              and image of the actual solid dosage                                     prepared an SOP for the electronic                                            should include the marketing category
                                              form; and                                                                submission of drug establishment                                              of the drug.
                                                 • registrants may indicate that they                                  registration and drug listing                                                    FDA Response: Under section 510 of
                                              view as confidential the registrant’s                                    information, each year additional firms                                       the FD&C Act and part 207, contract
                                              business relationship with an                                            will need to create an SOP. As provided                                       manufacturers (registered
                                              establishment, or an inactive ingredient.                                in Table 2, FDA estimates that                                                establishments) are required to list their
                                                 In addition to this collection of                                     approximately 1,000 firms will have to                                        products with FDA under their own
                                              information, there is an additional                                      expend a one-time burden to prepare,                                          labeler code. To properly identify such
                                              burden for the following activities:                                     review, and approve an SOP, and the                                           a listing, contract manufacturers should
                                                 • preparing a standard operating                                      Agency estimates that it will take 40                                         list products manufactured for a private
                                              procedure (SOP) for the electronic                                       hours per recordkeeper to create 1,000                                        label distributor by using one of
                                              submission of drug establishment                                         new SOPs for a total of 40,000 hours.                                         following marketing categories: (1)
                                              registration and drug listing                                               In the Federal Register of March 23,                                       Approved Drug Product Manufactured
                                              information;                                                             2015 (80 FR 15214), FDA published a
                                                                                                                                                                                                     Exclusively For Private Label
                                                 • creating the SPL file, including                                    60-day notice requesting public
                                                                                                                                                                                                     Distributor; (2) OTC Monograph Drug
                                              accessing and reviewing the technical                                    comment on the proposed collection of
                                                                                                                                                                                                     Product Manufactured Exclusively For
                                              specifications and instructional                                         information. FDA received one
                                                                                                                                                                                                     Private Label Distributor; (3)
                                              documents provided by FDA (accessible                                    comment.
                                                                                                                                                                                                     Unapproved Drug Product
                                              at http://www.fda.gov/oc/datacouncil/                                       The comment noted that under
                                                                                                                                                                                                     Manufactured Exclusively For Private
                                              spl.html);                                                               § 207.20(a), manufacturers, repackers,
                                                                                                                                                                                                     Label Distributor. Contract
                                                 • reviewing and selecting appropriate                                 and relabelers are required to register
                                                                                                                                                                                                     manufacturers may also include the
                                              terms and codes used to create the SPL                                   their establishment and submit a listing
                                                                                                                                                                                                     private label distributor’s labeling with
                                              file (accessible at http://www.fda.gov/                                  of every drug or biological product in
                                                                                                                                                                                                     the listing submission.
                                              oc/datacouncil/spl.html);                                                commercial distribution. Under
                                                 • obtaining the digital certificate used                              § 207.20(b), owners or operators of                                              Additionally, § 207.20(b) requires that
                                              with FDA’s electronic submission                                         establishments that distribute under                                          the private label distributor have its
                                              gateway and uploading the SPL file for                                   their own label or trade name a drug                                          product listed under its own labeler
                                              submission (accessible at http://                                        product manufactured by a registered                                          code (using whatever marketing
                                              www.fda.gov/esg/default.htm); and                                        establishment are not required either to                                      category is appropriate to the finished
                                                 • requests for waivers from the                                       register or list but may elect to submit                                      product (e.g., NDA, OTC Monograph,
                                              electronic submission process as                                         drug listing information in lieu of the                                       Unapproved Drug)). The private label
                                              described in the draft guidance.                                         registered establishment that                                                 distributor may elect to do this on its
                                                 When FDA published the 2009                                           manufactures the drug product. The                                            own. If the private label distributor
                                              guidance on submitting establishment                                     comment said that although the burden                                         elects not to do this, then the
                                              registration and drug listing information                                of listing private label drugs rests on the                                   responsibility for submitting the
                                              in electronic format, the Agency also                                    manufacturer, the standard industry                                           additional listing falls on the registered
                                              amended its burden estimates for OMB                                     practice has been to submit two separate                                      establishment (the contract
                                              control number 0910–0045 to include                                      listings under different marketing                                            manufacturer).
                                              the additional burden for the collection                                 categories. The comment said that these                                          In Tables 1 and 2, the information
                                              of information that had not been                                         listings are submitted either by the                                          collection requirements of the drug
                                              submitted using the FDA forms, and to                                    private label distributor or by the                                           establishment registration and drug
                                              create and upload the SPL file. The                                      manufacturer and ‘‘in order for the                                           listing requirements have been grouped
                                              amended burden estimates included the                                    necessary information to be provided to                                       according to the information collection
                                              one-time preparation of an SOP for                                       FDA (all Offices and Centers) both                                            areas of the requirements.

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

                                              New registrations, including new la-
                                                beler codes requests ......................                                   1,400                                2                              2,800                                4.5              12,600
                                              Annual updates of registration infor-
                                                mation .............................................                        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 dis-
                                                tributor ............................................                           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
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                                                    Total ............................................   ..............................   ................................   ..............................   ................................         590,712
                                                 1 There    are no capital costs or operating and maintenance costs associated with this collection of information.




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                                                                                    Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices                                              37625

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


                                                Dated: June 25, 2015.                                           DATES:  The Authorization is effective as             Homeland Security that there is a
                                              Leslie Kux,                                                       of May 12, 2015.                                      domestic emergency, or a significant
                                              Associate Commissioner for Policy.                                ADDRESSES: Submit written requests for                potential for a domestic emergency,
                                              [FR Doc. 2015–16129 Filed 6–30–15; 8:45 am]                       single copies of the EUA to the Office                involving a heightened risk of attack
                                              BILLING CODE 4164–01–P                                            of Counterterrorism and Emerging                      with a biological, chemical, radiological,
                                                                                                                Threats, Food and Drug Administration,                or nuclear agent or agents; (2) a
                                                                                                                10903 New Hampshire Ave., Bldg. 1,                    determination by the Secretary of
                                              DEPARTMENT OF HEALTH AND                                          Rm. 4338, Silver Spring, MD 20993–                    Defense that there is a military
                                              HUMAN SERVICES                                                    0002. Send one self-addressed adhesive                emergency, or a significant potential for
                                                                                                                label to assist that office in processing             a military emergency, involving a
                                              Food and Drug Administration                                      your request or include a fax number to               heightened risk to U.S. military forces of
                                                                                                                which the Authorization may be sent.                  attack with a biological, chemical,
                                              [Docket No. FDA–2015–N–2044]                                      See the SUPPLEMENTARY INFORMATION                     radiological, or nuclear agent or agents;
                                                                                                                section for electronic access to the                  (3) a determination by the Secretary of
                                              Authorization of Emergency Use of an                              Authorization.                                        HHS that there is a public health
                                              In Vitro Diagnostic Device for                                                                                          emergency, or a significant potential for
                                                                                                                FOR FURTHER INFORMATION CONTACT:                      a public health emergency, that affects,
                                              Detection of Enterovirus D68;
                                              Availability                                                      Carmen Maher, Acting Assistant                        or has a significant potential to affect,
                                                                                                                Commissioner for Counterterrorism                     national security or the health and
                                              AGENCY:       Food and Drug Administration,                       Policy and Acting Director, Office of                 security of U.S. citizens living abroad,
                                              HHS.                                                              Counterterrorism and Emerging Threats,                and that involves a biological, chemical,
                                              ACTION:     Notice.                                               Food and Drug Administration, 10903                   radiological, or nuclear agent or agents,
                                                                                                                New Hampshire Ave., Bldg. 1, Rm.                      or a disease or condition that may be
                                              SUMMARY:    The Food and Drug                                     4347, Silver Spring, MD 20993–0002,                   attributable to such agent or agents; or
                                              Administration (FDA) is announcing the                            301–796–8510.                                         (4) the identification of a material threat
                                              issuance of an Emergency Use                                      SUPPLEMENTARY INFORMATION:                            by the Secretary of Homeland Security
                                              Authorization (EUA) (the Authorization)                                                                                 under section 319F–2 of the Public
                                              for in an vitro diagnostic device for                             I. Background
                                                                                                                                                                      Health Service (PHS) Act (42 U.S.C.
                                              detection of Enterovirus D68 (EV–D68)                                Section 564 of the FD&C Act (21                    247d–6b) sufficient to affect national
                                              strains detected in North America in                              U.S.C. 360bbb–3) as amended by the                    security or the health and security of
                                              2014. FDA issued this Authorization                               Project BioShield Act of 2004 (Pub. L.                U.S. citizens living abroad.
                                              under the Federal Food, Drug, and                                 108–276) and the Pandemic and All-                       Once the Secretary of HHS has
                                              Cosmetic Act (the FD&C Act), as                                   Hazards Preparedness Reauthorization                  declared that circumstances exist
                                              requested by the Centers for Disease                              Act of 2013 (Pub. L. 113–5) allows FDA                justifying an authorization under
                                              Control and Prevention (CDC). The                                 to strengthen the public health                       section 564 of the FD&C Act, FDA may
                                              Authorization contains, among other                               protections against biological, chemical,             authorize the emergency use of a drug,
                                              things, conditions on the emergency use                           nuclear, and radiological agents. Among               device, or biological product if the
                                              of the authorized in vitro diagnostic                             other things, section 564 of the FD&C                 Agency concludes that the statutory
                                              device. The Authorization follows the                             Act allows FDA to authorize the use of                criteria are satisfied. Under section
                                              February 6, 2015, determination by the                            an unapproved medical product or an                   564(h)(1) of the FD&C Act, FDA is
                                              Department of Health and Human                                    unapproved use of an approved medical                 required to publish in the Federal
                                              Services (HHS) Secretary that there is a                          product in certain situations. With this              Register a notice of each authorization,
                                              significant potential for a public health                         EUA authority, FDA can help assure                    and each termination or revocation of an
                                              emergency that has a significant                                  that medical countermeasures may be                   authorization, and an explanation of the
                                              potential to affect national security or                          used in emergencies to diagnose, treat,               reasons for the action. Section 564 of the
                                              the health and security of U.S. citizens                          or prevent serious or life-threatening                FD&C Act permits FDA to authorize the
                                              living abroad and that involves EV–D68.                           diseases or conditions caused by                      introduction into interstate commerce of
                                              On the basis of such determination, the                           biological, chemical, nuclear, or                     a drug, device, or biological product
                                              Secretary of HHS also declared on                                 radiological agents when there are no                 intended for use when the Secretary of
                                              February 6, 2015, that circumstances                              adequate, approved, and available                     HHS has declared that circumstances
                                              exist justifying the authorization of                             alternatives.                                         exist justifying the authorization of
tkelley on DSK3SPTVN1PROD with NOTICES




                                              emergency use of in vitro diagnostic                                 Section 564(b)(1) of the FD&C Act                  emergency use. Products appropriate for
                                              devices for detection of EV–D68 subject                           provides that, before an EUA may be                   emergency use may include products
                                              to the terms of any authorization issued                          issued, the Secretary of HHS must                     and uses that are not approved, cleared,
                                              under the FD&C Act. The Authorization,                            declare that circumstances exist                      or licensed under sections 505, 510(k),
                                              which includes an explanation of the                              justifying the authorization based on                 or 515 of the FD&C Act (21 U.S.C. 355,
                                              reasons for issuance, is reprinted in this                        one of the following grounds: (1) A                   360(k), and 360e) or section 351 of the
                                              document.                                                         determination by the Secretary of                     PHS Act (42 U.S.C. 262).


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Document Created: 2015-12-15 13:19:06
Document Modified: 2015-12-15 13:19:06
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 July 31, 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 37622 

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