80_FR_42639 80 FR 42502 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Questions and Answers Regarding the Labeling of Nonprescription Human Drug Products Marketed Without an Approved Application as Required by the Dietary Supplement and Nonprescription Drug Consumer Protection Act

80 FR 42502 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Questions and Answers Regarding the Labeling of Nonprescription Human Drug Products Marketed Without an Approved Application as Required by the Dietary Supplement and Nonprescription Drug Consumer Protection Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42502-42503
FR Document2015-17558

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on certain labeling statements for nonprescription human drug products marketed without an approved application.

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015)
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42502-42503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17558]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0429 (formerly Docket No. 2007D-0496)]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Guidance for Industry on Questions and Answers 
Regarding the Labeling of Nonprescription Human Drug Products Marketed 
Without an Approved Application as Required by the Dietary Supplement 
and Nonprescription Drug Consumer Protection Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on certain labeling statements 
for nonprescription human drug products marketed without an approved 
application.

DATES: Submit either electronic or written comments on the collection 
of information by September 15, 2015.

ADDRESSES: Submit electronic comments on the collection of

[[Page 42503]]

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

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

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of FDA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of FDA's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques, when appropriate, and other forms of 
information technology.

Guidance for Industry on Questions and Answers Regarding the Labeling 
of Nonprescription Human Drug Products Marketed Without an Approved 
Application as Required by the Dietary Supplement and Nonprescription 
Drug Consumer Protection Act

OMB Control Number 0910-0641--Extension

    Section 502(x) of the FD&C Act (21 U.S.C. 352(x)), which was added 
by the Dietary Supplement and Nonprescription Drug Consumer Protection 
Act (Pub. L. 109-462), requires the label of a nonprescription drug 
product marketed without an approved application in the United States 
to include a domestic address or domestic telephone number through 
which a manufacturer, packer, and distributor may receive a report of a 
serious adverse event associated with the product. The guidance 
document contains questions and answers relating to this labeling 
requirement and provides guidance to industry on the following topics: 
(1) The meaning of ``domestic address'' for purposes of the labeling 
requirements of section 502(x) of the FD&C Act; (2) FDA's 
recommendation for the use of an introductory statement before the 
domestic address or phone number that is required to appear on the 
product label under section 502(x) of the FD&C Act; and (3) FDA's 
intent regarding enforcing the labeling requirements of section 502(x) 
of the FD&C Act.
    Description of Respondents: Respondents to this collection of 
information are manufacturers, packers, and distributors whose name 
(pursuant to section 502(b)(1) of the FD&C Act) appears on the label of 
a nonprescription drug product marketed in the United States without an 
approved application.
    FDA estimates the burden of this collection of information as 
follows:

                                               Table 1--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                              Activity                                  Number  of    disclosures per    Total annual   Average  burden    Total hours
                                                                       respondents       respondent      disclosures    per  disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Including a domestic address or phone number and a statement of its             300                3              900                4            3,600
 purpose on OTC drug labeling (21 U.S.C. 502(x))...................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: July 10, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-17558 Filed 7-16-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                42502                            Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

                                                to assist sponsors developing drugs to                      If a concerning nonclinical signal is              docket number found in brackets in the
                                                identify nonclinical signals of testicular               identified, the draft guidance presents               heading of this document. Received
                                                toxicity and to evaluate the potential for               suggestions for clinical monitoring                   comments may be seen in the Division
                                                such toxicity in humans.                                 when the drug is initially administered               of Dockets Management between 9 a.m.
                                                DATES: Although you can comment on                       to humans. These suggestions aim to                   and 4 p.m., Monday through Friday, and
                                                any guidance at any time (see 21 CFR                     minimize the hazards to men while                     will be posted to the docket at http://
                                                10.115(g)(5)), to ensure that the Agency                 making possible the collection of data                www.regulations.gov.
                                                considers your comment on this draft                     that will assist in evaluating the
                                                                                                         potential toxicity of the drug in the                 IV. Electronic Access
                                                guidance before it begins work on the
                                                final version of the guidance, submit                    target population. These early studies,                 Persons with access to the Internet
                                                either electronic or written comments                    however, are not intended to be a                     may obtain the document at either
                                                on the draft guidance by October 15,                     definitive evaluation of the potential for            http://www.fda.gov/Drugs/
                                                2015.                                                    testicular toxicity of the drug. Rather,              GuidanceCompliance
                                                                                                         they can provide clinical information                 RegulatoryInformation/Guidances/
                                                ADDRESSES: Submit written requests for
                                                                                                         that, together with the nonclinical                   default.htm or http://
                                                single copies of the draft guidance to the
                                                                                                         information, will support a judgment as               www.regulations.gov.
                                                Division of Drug Information, Center for
                                                                                                         to whether the testicular toxicity signal               Dated: July 13, 2015.
                                                Drug Evaluation and Research, Food
                                                                                                         warrants indepth evaluation in a
                                                and Drug Administration, 10001 New                                                                             Leslie Kux,
                                                                                                         dedicated safety study.
                                                Hampshire Ave., Hillandale Building,                        If a reasonable basis for concern of               Associate Commissioner for Policy.
                                                4th Floor, Silver Spring, MD 20993–                      human testicular toxicity exists, a                   [FR Doc. 2015–17557 Filed 7–16–15; 8:45 am]
                                                0002. Send one self-addressed adhesive                   dedicated clinical safety trial with a                BILLING CODE 4164–01–P
                                                label to assist that office in processing                primary objective of evaluating drug-
                                                your requests. See the SUPPLEMENTARY                     related testicular toxicity may be
                                                INFORMATION section for electronic                       warranted. The draft guidance provides                DEPARTMENT OF HEALTH AND
                                                access to the draft guidance document.                   recommendations for the design of such                HUMAN SERVICES
                                                   Submit electronic comments on the                     a trial, including conduct, endpoints,
                                                draft guidance to http://                                                                                      Food and Drug Administration
                                                                                                         and presentation of results. These are
                                                www.regulations.gov. Submit written                      general recommendations for the                       [Docket No. FDA–2007–D–0429 (formerly
                                                comments to the Division of Dockets                      purpose of defining the role of drugs in              Docket No. 2007D–0496)]
                                                Management (HFA–305), Food and Drug                      testicular injury; however, the specific
                                                Administration, 5630 Fishers Lane, Rm.                   details of an individual trial may vary               Agency Information Collection
                                                1061, Rockville, MD 20852.                               depending on the context of use of the                Activities; Proposed Collection;
                                                FOR FURTHER INFORMATION CONTACT:                         drug product.                                         Comment Request; Guidance for
                                                Eufrecina Deguia, Center for Drug                           This draft guidance is being issued                Industry on Questions and Answers
                                                Evaluation and Research, Food and                        consistent with FDA’s good guidance                   Regarding the Labeling of
                                                Drug Administration, 10903 New                           practices regulation (21 CFR 10.115).                 Nonprescription Human Drug Products
                                                Hampshire Ave., Bldg. 22, Rm. 5348,                      The draft guidance, when finalized, will              Marketed Without an Approved
                                                Silver Spring, MD 20993–0002, 301–                       represent the current thinking of FDA                 Application as Required by the Dietary
                                                796–0881.                                                on the evaluation of testicular toxicity              Supplement and Nonprescription Drug
                                                SUPPLEMENTARY INFORMATION:                               during drug development. It does not                  Consumer Protection Act
                                                I. Background                                            establish rights for any person and is not            AGENCY:    Food and Drug Administration,
                                                                                                         binding on FDA or the public. You can                 HHS.
                                                   FDA is announcing the availability of                 use an alternative approach if it satisfies
                                                a draft guidance for industry entitled                                                                         ACTION:   Notice.
                                                                                                         the requirements of the applicable
                                                ‘‘Testicular Toxicity: Evaluation During                 statutes and regulations.                             SUMMARY:   The Food and Drug
                                                Drug Development.’’ This draft guidance                                                                        Administration (FDA) is announcing an
                                                is intended to help sponsors identify                    II. The Paperwork Reduction Act of
                                                                                                         1995                                                  opportunity for public comment on the
                                                nonclinical signals that raise concern                                                                         proposed collection of certain
                                                regarding the potential for human                           This draft guidance refers to                      information by the Agency. Under the
                                                testicular toxicity and to evaluate those                previously approved collections of                    Paperwork Reduction Act of 1995 (the
                                                signals appropriately in human studies.                  information found in FDA regulations.                 PRA), Federal Agencies are required to
                                                   The draft guidance describes the                      These collections of information are                  publish notice in the Federal Register
                                                standard battery of nonclinical studies                  subject to review by the Office of                    concerning each proposed collection of
                                                that are used to assess the effects of                   Management and Budget (OMB) under                     information, including each proposed
                                                pharmaceuticals on the male                              the Paperwork Reduction Act of 1995                   extension of an existing collection of
                                                reproductive system. The draft guidance                  (44 U.S.C. 3501–3520). The collections                information, and to allow 60 days for
                                                discusses findings in nonclinical studies                of information in 21 CFR part 312 have                public comment in response to the
                                                that may increase the level of concern                   been approved under OMB control                       notice. This notice solicits comments on
                                                for drug-related testicular toxicity.                    number 0910–0014.                                     certain labeling statements for
                                                Examples of nonclinical studies that
                                                                                                         III. Comments                                         nonprescription human drug products
                                                could be used to further evaluate initial
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                                                                               marketed without an approved
                                                signals of testicular toxicity are also                     Interested persons may submit either
                                                                                                                                                               application.
                                                described. The draft guidance then                       electronic comments regarding this
                                                provides a general approach on how to                    document to http://www.regulations.gov                DATES: Submit either electronic or
                                                weigh the relevance of nonclinical                       or written comments to the Division of                written comments on the collection of
                                                findings, taking into account factors that               Dockets Management (see ADDRESSES). It                information by September 15, 2015.
                                                can confound the interpretation of these                 is only necessary to send one set of                  ADDRESSES: Submit electronic
                                                findings.                                                comments. Identify comments with the                  comments on the collection of


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                                                                                         Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices                                                  42503

                                                information via the internet at http://                              for approval. To comply with this                        Protection Act (Pub. L. 109–462),
                                                www.regulations.gov. Submit written                                  requirement, FDA is publishing notice                    requires the label of a nonprescription
                                                comments on the collection of                                        of the proposed collection of                            drug product marketed without an
                                                information to the Dockets Management                                information set forth in this document.                  approved application in the United
                                                Branch (HFA–305), Food and Drug                                        With respect to the following                          States to include a domestic address or
                                                Administration, 5630 Fishers Lane, Rm.                               collection of information, FDA invites                   domestic telephone number through
                                                1061, Rockville, MD 20852. All                                       comments on: (1) Whether the proposed                    which a manufacturer, packer, and
                                                comments should be identified with the                               collection of information is necessary                   distributor may receive a report of a
                                                docket number found in brackets in the                               for the proper performance of FDA’s                      serious adverse event associated with
                                                heading of this document.                                            functions, including whether the                         the product. The guidance document
                                                                                                                     information will have practical utility;                 contains questions and answers relating
                                                FOR FURTHER INFORMATION CONTACT:    FDA                              (2) the accuracy of FDA’s estimate of the
                                                PRA Staff, Office of Operations, Food                                                                                         to this labeling requirement and
                                                                                                                     burden of the proposed collection of                     provides guidance to industry on the
                                                and Drug Administration, 8455                                        information, including the validity of
                                                Colesville Rd., COLE–14526, Silver                                                                                            following topics: (1) The meaning of
                                                                                                                     the methodology and assumptions used;                    ‘‘domestic address’’ for purposes of the
                                                Spring, MD 20993–0002, PRAStaff@                                     (3) ways to enhance the quality, utility,
                                                fda.hhs.gov.                                                                                                                  labeling requirements of section 502(x)
                                                                                                                     and clarity of the information to be                     of the FD&C Act; (2) FDA’s
                                                SUPPLEMENTARY INFORMATION:      Under the                            collected; and (4) ways to minimize the                  recommendation for the use of an
                                                PRA (44 U.S.C. 3501–3520), Federal                                   burden of the collection of information                  introductory statement before the
                                                Agencies must obtain approval from the                               on respondents, including through the                    domestic address or phone number that
                                                Office of Management and Budget                                      use of automated collection techniques,
                                                                                                                                                                              is required to appear on the product
                                                (OMB) for each collection of                                         when appropriate, and other forms of
                                                                                                                                                                              label under section 502(x) of the FD&C
                                                information they conduct or sponsor.                                 information technology.
                                                                                                                                                                              Act; and (3) FDA’s intent regarding
                                                ‘‘Collection of information’’ is defined                             Guidance for Industry on Questions                       enforcing the labeling requirements of
                                                in 44 U.S.C. 3502(3) and 5 CFR                                       and Answers Regarding the Labeling of                    section 502(x) of the FD&C Act.
                                                1320.3(c) and includes Agency requests                               Nonprescription Human Drug Products
                                                or requirements that members of the                                                                                              Description of Respondents:
                                                                                                                     Marketed Without an Approved                             Respondents to this collection of
                                                public submit reports, keep records, or                              Application as Required by the Dietary
                                                provide information to a third party.                                                                                         information are manufacturers, packers,
                                                                                                                     Supplement and Nonprescription Drug                      and distributors whose name (pursuant
                                                Section 3506(c)(2)(A) of the PRA (44                                 Consumer Protection Act
                                                U.S.C. 3506(c)(2)(A)) requires Federal                                                                                        to section 502(b)(1) of the FD&C Act)
                                                Agencies to provide a 60-day notice in                               OMB Control Number 0910–0641—                            appears on the label of a
                                                the Federal Register concerning each                                 Extension                                                nonprescription drug product marketed
                                                proposed collection of information,                                    Section 502(x) of the FD&C Act (21                     in the United States without an
                                                including each proposed extension of an                              U.S.C. 352(x)), which was added by the                   approved application.
                                                existing collection of information,                                  Dietary Supplement and                                      FDA estimates the burden of this
                                                before submitting the collection to OMB                              Nonprescription Drug Consumer                            collection of information as follows:

                                                                                             TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                           Number of                            Average
                                                                                                                                           Number          disclosures       Total annual
                                                                                    Activity                                                                                                   burden per   Total hours
                                                                                                                                       of respondents          per           disclosures       disclosure
                                                                                                                                                           respondent

                                                Including a domestic address or phone number and a
                                                  statement of its purpose on OTC drug labeling (21
                                                  U.S.C. 502(x)) ..................................................................         300                  3               900               4          3,600
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Dated: July 10, 2015.                                              DEPARTMENT OF HEALTH AND                                 Patient-Focused Drug Development for
                                                Leslie Kux,                                                          HUMAN SERVICES                                           Huntington’s disease and Parkinson’s
                                                Associate Commissioner for Policy.                                                                                            disease. Patient-Focused Drug
                                                                                                                     Food and Drug Administration                             Development is part of FDA’s
                                                [FR Doc. 2015–17558 Filed 7–16–15; 8:45 am]
                                                BILLING CODE 4164–01–P                                               [Docket No. FDA–2012–N–0967]                             performance commitments made as part
                                                                                                                                                                              of the fifth authorization of the
                                                                                                                     Public Meeting on Patient-Focused                        Prescription Drug User Fee Act (PDUFA
                                                                                                                     Drug Development for Huntington’s                        V). The public meeting is intended to
                                                                                                                     and Parkinson’s Diseases                                 allow FDA to obtain patient
                                                                                                                     AGENCY:          Food and Drug Administration,           perspectives on the impact of
                                                                                                                                                                              Huntington’s disease and Parkinson’s
srobinson on DSK5SPTVN1PROD with NOTICES




                                                                                                                     HHS.
                                                                                                                                                                              disease on daily life and patient views
                                                                                                                     ACTION: Notice of public meeting;
                                                                                                                                                                              on treatment approaches. Although
                                                                                                                     request for comments.
                                                                                                                                                                              these are both neurological diseases,
                                                                                                                     SUMMARY: The Food and Drug                               since they are quite distinct, FDA will
                                                                                                                     Administration (FDA or Agency) is                        structure this public meeting into two
                                                                                                                     announcing a public meeting and an                       distinct sessions. The morning session,
                                                                                                                     opportunity for public comment on                        scheduled from 9 a.m. to 1 p.m., will be


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Document Created: 2018-02-23 09:21:51
Document Modified: 2018-02-23 09:21:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by September 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 42502 

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