80_FR_77877 80 FR 77637 - Agency Information Collection Activities; Proposed Collection; Comment Request; Bar Code Label Requirement for Human Drug and Biological Products

80 FR 77637 - Agency Information Collection Activities; Proposed Collection; Comment Request; Bar Code Label Requirement for Human Drug and Biological Products

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77637-77638
FR Document2015-31402

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the bar code label requirements for human drug and biological products.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Notices]
[Pages 77637-77638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31402]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-0873]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Bar Code Label Requirement for Human Drug and 
Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the bar code label 
requirements for human drug and biological products.

DATES: Submit either electronic or written comments on the collection 
of information by February 16, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2012-N-0873 for ``Agency Information Collection Activities: 
Proposed Collection; Comment Request; Bar Code Label Requirement for 
Human Drug and Biological Products''. Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

[[Page 77638]]

    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

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.

Bar Code Label Requirement for Human Drug and Biological Products OMB 
Control Number 0910-0537--Extension

    In the Federal Register of February 26, 2004 (69 FR 9120), we 
issued a final rule that required human drug product and biological 
product labels to have bar codes. The rule required bar codes on most 
human prescription drug products and on over-the-counter (OTC) drug 
products that are dispensed pursuant to an order and commonly used in 
health care facilities. The rule also required machine-readable 
information on blood and blood components. For human prescription drug 
products and OTC drug products that are dispensed pursuant to an order 
and commonly used in health care facilities, the bar code must contain 
the NDC number for the product. For blood and blood components, the 
rule specifies the minimum contents of the machine-readable information 
in a format approved by the Center for Biologics Evaluation and 
Research Director as blood centers have generally agreed upon the 
information to be encoded on the label. The rule is intended to help 
reduce the number of medication errors in hospitals and other health 
care settings by allowing health care professionals to use bar code 
scanning equipment to verify that the right drug (in the right dose and 
right route of administration) is being given to the right patient at 
the right time.
    Most of the information collection burden resulting from the final 
rule, as calculated in table 1 of the final rule (69 FR at 9149), was a 
one-time burden that does not occur after the rule's compliance date of 
April 26, 2006. In addition, some of the information collection burden 
estimated in the final rule is now covered in other OMB approved 
information collection packages for FDA. However, parties may continue 
to seek an exemption from the bar code requirement under certain, 
limited circumstances. Section 201.25(d) (21 CFR 201.25(d)) requires 
submission of a written request for an exemption and describes the 
contents of such requests. Based on the number of exemption requests we 
have received, we estimate that approximately 2 exemption requests may 
be submitted annually, and that each exemption request will require 24 
hours to complete. This would result in an annual reporting burden of 
48 hours.

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                           21 CFR Section                               Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
201.25(d)..........................................................               2                1                2               24               48
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: December 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31402 Filed 12-14-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                               Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices                                          77637

                                                    Silver Spring, MD 20993–0002, 301–                      DEPARTMENT OF HEALTH AND                              Written/Paper Submissions
                                                    796–1015.                                               HUMAN SERVICES                                           Submit written/paper submissions as
                                                    SUPPLEMENTARY INFORMATION:                                                                                    follows:
                                                                                                            Food and Drug Administration                             • Mail/Hand delivery/Courier (for
                                                    I. Background                                           [Docket No. FDA–2012–0873]                            written/paper submissions): Division of
                                                       FDA is announcing the availability of                                                                      Dockets Management (HFA–305), Food
                                                                                                            Agency Information Collection                         and Drug Administration, 5630 Fishers
                                                    a draft guidance for industry entitled                  Activities; Proposed Collection;
                                                    ‘‘Head Lice Infestation: Developing                                                                           Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                            Comment Request; Bar Code Label                          • For written/paper comments
                                                    Drugs for Topical Treatment.’’ The                      Requirement for Human Drug and                        submitted to the Division of Dockets
                                                    purpose of this draft guidance is to                    Biological Products                                   Management, FDA will post your
                                                    assist sponsors in the clinical
                                                                                                            AGENCY:    Food and Drug Administration,              comment, as well as any attachments,
                                                    development of drugs for the treatment
                                                                                                            HHS.                                                  except for information submitted,
                                                    of head lice infestation. This draft
                                                                                                            ACTION:   Notice.                                     marked and identified, as confidential,
                                                    guidance addresses the Agency’s current
                                                                                                                                                                  if submitted as detailed in
                                                    thinking regarding the overall
                                                                                                            SUMMARY:  The Food and Drug                           ‘‘Instructions.’’
                                                    development program and clinical trial
                                                                                                            Administration (FDA) is announcing an                    Instructions: All submissions received
                                                    designs of drugs to support approval of
                                                                                                            opportunity for public comment on the                 must include the Docket No. FDA–
                                                    an indication for topical treatment of
                                                                                                            proposed collection of certain                        2012–N–0873 for ‘‘Agency Information
                                                    head lice infestation. The information
                                                                                                            information by the Agency. Under the                  Collection Activities: Proposed
                                                    presented will help sponsors plan
                                                                                                            Paperwork Reduction Act of 1995 (the                  Collection; Comment Request; Bar Code
                                                    clinical trials, design clinical protocols,
                                                                                                            PRA), Federal Agencies are required to                Label Requirement for Human Drug and
                                                    and conduct and appropriately monitor
                                                                                                            publish notice in the Federal Register                Biological Products’’. Received
                                                    clinical trials.
                                                                                                            concerning each proposed collection of                comments will be placed in the docket
                                                       This draft guidance is being issued                  information, including each proposed                  and, except for those submitted as
                                                    consistent with FDA’s good guidance                     extension of an existing collection of                ‘‘Confidential Submissions,’’ publicly
                                                    practices regulation (21 CFR 10.115).                   information, and to allow 60 days for                 viewable at
                                                    The draft guidance, when finalized, will                public comment in response to the                     http://www.regulations.gov or at the
                                                    represent the current thinking of FDA                   notice. This notice solicits comments on              Division of Dockets Management
                                                    on developing drugs for the topical                     the bar code label requirements for                   between 9 a.m. and 4 p.m., Monday
                                                    treatment of head lice infestation. It                  human drug and biological products.                   through Friday.
                                                    does not establish any rights for any                   DATES: Submit either electronic or                       • Confidential Submissions—To
                                                    person and is not binding on FDA or the                 written comments on the collection of                 submit a comment with confidential
                                                    public. You can use an alternative                      information by February 16, 2016.                     information that you do not wish to be
                                                    approach if it satisfies the requirements                                                                     made publicly available, submit your
                                                                                                            ADDRESSES: You may submit comments
                                                    of the applicable statutes and                                                                                comments only as a written/paper
                                                                                                            as follows:
                                                    regulations.                                                                                                  submission. You should submit two
                                                                                                            Electronic Submissions                                copies total. One copy will include the
                                                    II. The Paperwork Reduction Act of
                                                    1995                                                      Submit electronic comments in the                   information you claim to be confidential
                                                                                                            following way:                                        with a heading or cover note that states
                                                      This guidance refers to previously                      • Federal eRulemaking Portal: http://               ‘‘THIS DOCUMENT CONTAINS
                                                    approved collections of information that                www.regulations.gov. Follow the                       CONFIDENTIAL INFORMATION’’. The
                                                    are subject to review by the Office of                  instructions for submitting comments.                 Agency will review this copy, including
                                                    Management and Budget (OMB) under                       Comments submitted electronically,                    the claimed confidential information, in
                                                    the Paperwork Reduction Act of 1995                     including attachments, to http://                     its consideration of comments. The
                                                    (44 U.S.C. 3501–3520). The collections                  www.regulations.gov will be posted to                 second copy, which will have the
                                                    of information in 21 CFR parts 312 and                  the docket unchanged. Because your                    claimed confidential information
                                                    314 have been approved under OMB                        comment will be made public, you are                  redacted/blacked out, will be available
                                                    control numbers 0910–0014 and 0910–                     solely responsible for ensuring that your             for public viewing and posted on http://
                                                    0001, respectively. The collections of                  comment does not include any                          www.regulations.gov. Submit both
                                                    information for prescription drug                       confidential information that you or a                copies to the Division of Dockets
                                                    product labeling in 21 CFR 201.56 and                   third party may not wish to be posted,                Management. If you do not wish your
                                                    201.57 have been approved under OMB                     such as medical information, your or                  name and contact information to be
                                                    control number 0910–0572.                               anyone else’s Social Security number, or              made publicly available, you can
                                                                                                            confidential business information, such               provide this information on the cover
                                                    III. Electronic Access                                                                                        sheet and not in the body of your
                                                                                                            as a manufacturing process. Please note
                                                      Persons with access to the Internet                   that if you include your name, contact                comments and you must identify this
                                                    may obtain the document at either                       information, or other information that                information as ‘‘confidential.’’ Any
                                                    http://www.fda.gov/Drugs/Guidance                       identifies you in the body of your                    information marked as ‘‘confidential’’
                                                                                                            comments, that information will be                    will not be disclosed except in
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    ComplianceRegulatoryInformation/
                                                    Guidances/default.htm or http://                        posted on http://www.regulations.gov.                 accordance with 21 CFR 10.20 and other
                                                    www.regulations.gov.                                      • If you want to submit a comment                   applicable disclosure law. For more
                                                                                                            with confidential information that you                information about FDA’s posting of
                                                      Dated: December 8, 2015.                              do not wish to be made available to the               comments to public dockets, see 80 FR
                                                    Leslie Kux,                                             public, submit the comment as a                       56469, September 18, 2015, or access
                                                    Associate Commissioner for Policy.                      written/paper submission and in the                   the information at: http://www.fda.gov/
                                                    [FR Doc. 2015–31406 Filed 12–14–15; 8:45 am]            manner detailed (see ‘‘Written/Paper                  regulatoryinformation/dockets/
                                                    BILLING CODE 4164–01–P                                  Submissions’’ and ‘‘Instructions’’).                  default.htm.


                                               VerDate Sep<11>2014   17:08 Dec 14, 2015   Jkt 238001   PO 00000   Frm 00038   Fmt 4703   Sfmt 4703   E:\FR\FM\15DEN1.SGM   15DEN1


                                                    77638                               Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Notices

                                                       Docket: For access to the docket to                                     With respect to the following                           components, the rule specifies the
                                                    read background documents or the                                         collection of information, FDA invites                    minimum contents of the machine-
                                                    electronic and written/paper comments                                    comments on: (1) Whether the proposed                     readable information in a format
                                                    received, go to http://                                                  collection of information is necessary                    approved by the Center for Biologics
                                                    www.regulations.gov and insert the                                       for the proper performance of FDA’s                       Evaluation and Research Director as
                                                    docket number, found in brackets in the                                  functions, including whether the                          blood centers have generally agreed
                                                    heading of this document, into the                                       information will have practical utility;                  upon the information to be encoded on
                                                    ‘‘Search’’ box and follow the prompts                                    (2) the accuracy of FDA’ s estimate of                    the label. The rule is intended to help
                                                    and/or go to the Division of Dockets                                     the burden of the proposed collection of                  reduce the number of medication errors
                                                    Management, 5630 Fishers Lane, Rm.                                       information, including the validity of                    in hospitals and other health care
                                                    1061, Rockville, MD 20852.                                               the methodology and assumptions used;                     settings by allowing health care
                                                    FOR FURTHER INFORMATION CONTACT: FDA                                     (3) ways to enhance the quality, utility,                 professionals to use bar code scanning
                                                    PRA Staff, Office of Operations, Food                                    and clarity of the information to be                      equipment to verify that the right drug
                                                    and Drug Administration, 8455                                            collected; and (4) ways to minimize the                   (in the right dose and right route of
                                                    Colesville Rd., COLE–14526, Silver                                       burden of the collection of information                   administration) is being given to the
                                                    Spring, MD 20993–0002, PRAStaff@                                         on respondents, including through the                     right patient at the right time.
                                                    fda.hhs.gov.                                                             use of automated collection techniques,
                                                                                                                             when appropriate, and other forms of                         Most of the information collection
                                                    SUPPLEMENTARY INFORMATION:      Under the                                information technology.                                   burden resulting from the final rule, as
                                                    PRA (44 U.S.C. 3501–3520) Federal                                                                                                  calculated in table 1 of the final rule (69
                                                    Agencies must obtain approval from the                                   Bar Code Label Requirement for                            FR at 9149), was a one-time burden that
                                                    Office of Management and Budget                                          Human Drug and Biological Products                        does not occur after the rule’s
                                                    (OMB) for each collection of                                             OMB Control Number 0910–0537—                             compliance date of April 26, 2006. In
                                                    information they conduct or sponsor.                                     Extension                                                 addition, some of the information
                                                    ‘‘Collection of information’’ is defined                                   In the Federal Register of February                     collection burden estimated in the final
                                                    in 44 U.S.C. 3502(3) and 5 CFR                                           26, 2004 (69 FR 9120), we issued a final                  rule is now covered in other OMB
                                                    1320.3(c) and includes Agency requests                                   rule that required human drug product                     approved information collection
                                                    or requirements that members of the                                      and biological product labels to have bar                 packages for FDA. However, parties may
                                                    public submit reports, keep records, or                                  codes. The rule required bar codes on                     continue to seek an exemption from the
                                                    provide information to a third party.                                    most human prescription drug products                     bar code requirement under certain,
                                                    Section 3506(c)(2)(A) of the PRA (44                                     and on over-the-counter (OTC) drug                        limited circumstances. Section
                                                    U.S.C. 3506(c)(2)(A)) requires Federal                                   products that are dispensed pursuant to                   201.25(d) (21 CFR 201.25(d)) requires
                                                    Agencies to provide a 60-day notice in                                   an order and commonly used in health                      submission of a written request for an
                                                    the Federal Register concerning each                                     care facilities. The rule also required                   exemption and describes the contents of
                                                    proposed collection of information,                                      machine-readable information on blood                     such requests. Based on the number of
                                                    including each proposed extension of an                                  and blood components. For human                           exemption requests we have received,
                                                    existing collection of information,                                      prescription drug products and OTC                        we estimate that approximately 2
                                                    before submitting the collection to OMB                                  drug products that are dispensed                          exemption requests may be submitted
                                                    for approval. To comply with this                                        pursuant to an order and commonly                         annually, and that each exemption
                                                    requirement, FDA is publishing notice                                    used in health care facilities, the bar                   request will require 24 hours to
                                                    of the proposed collection of                                            code must contain the NDC number for                      complete. This would result in an
                                                    information set forth in this document.                                  the product. For blood and blood                          annual reporting burden of 48 hours.

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

                                                    201.25(d) ..............................................................................          2                   1                2                24            48
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: December 7, 2015.                                               DEPARTMENT OF HEALTH AND                                  the regulatory review period for
                                                    Leslie Kux,                                                              HUMAN SERVICES                                            TRIVASCULAR OVATION
                                                    Associate Commissioner for Policy.                                                                                                 ABDOMINAL STENT GRAFT SYSTEM
                                                                                                                             Food and Drug Administration                              and is publishing this notice of that
                                                    [FR Doc. 2015–31402 Filed 12–14–15; 8:45 am]
                                                                                                                             [Docket No. FDA–2013–E–1694]                              determination as required by law. FDA
                                                    BILLING CODE 4164–01–P
                                                                                                                                                                                       has made the determination because of
                                                                                                                             Determination of Regulatory Review                        the submission of an application to the
                                                                                                                             Period for Purposes of Patent                             Director of the U.S. Patent and
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                             Extension; Trivascular Ovation                            Trademark Office (USPTO), Department
                                                                                                                             Abdominal Stent Graft System                              of Commerce, for the extension of a
                                                                                                                                                                                       patent which claims that medical
                                                                                                                             AGENCY:           Food and Drug Administration,           device.
                                                                                                                             HHS.
                                                                                                                             ACTION:       Notice.                                     DATES:  Anyone with knowledge that any
                                                                                                                                                                                       of the dates as published (see the
                                                                                                                             SUMMARY: The Food and Drug                                SUPPLEMENTARY INFORMATION section) are
                                                                                                                             Administration (FDA) has determined                       incorrect may submit either electronic


                                               VerDate Sep<11>2014        17:08 Dec 14, 2015         Jkt 238001      PO 00000       Frm 00039      Fmt 4703   Sfmt 4703   E:\FR\FM\15DEN1.SGM   15DEN1



Document Created: 2018-03-02 09:15:48
Document Modified: 2018-03-02 09:15:48
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 February 16, 2016.
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 77637 

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