80_FR_78982 80 FR 78740 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Safety Labeling Changes-Implementation of Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act

80 FR 78740 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Safety Labeling Changes-Implementation of Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78740-78741
FR Document2015-31696

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 242 (Thursday, December 17, 2015)
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78740-78741]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31696]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0164]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for Industry 
on Safety Labeling Changes--Implementation of Section 505(o)(4) of the 
Federal Food, Drug, and Cosmetic Act

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 January 
19, 2016.

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 oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0734. 
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, PRAStaff@fda.hhs.gov.

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.

Guidance for Industry on Safety Labeling Changes--Implementation of 
Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act, OMB 
Control Number 0910-0734--Extension

    Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) (21 U.S.C. 355(o)(4)) authorizes FDA to require, and if 
necessary, order labeling changes if FDA becomes aware of new safety 
information that FDA believes should be included in the labeling of 
certain prescription drug and biological products approved under 
section 505 of the FD&C Act or section 351 of the PHS Act (42 U.S.C. 
262). Section 505(o)(4) of the FD&C Act applies to prescription

[[Page 78741]]

drug products with an approved new drug application (NDA) under section 
505(b) of the FD&C Act, biological products with an approved biologics 
license application under section 351 of the PHS Act, or prescription 
drug products with an approved abbreviated new drug application under 
section 505(j) of the FD&C Act if the reference listed drug with an 
approved NDA is not currently marketed. Section 505(o)(4) imposes 
timeframes for application holders to submit and FDA staff to review 
such changes, and gives FDA new enforcement tools to bring about timely 
and appropriate labeling changes. The guidance provides information on 
the implementation of the new provisions, including a description of 
the types of safety labeling changes that ordinarily might be required 
under the new legislation, how FDA plans to determine what constitutes 
new safety information, the procedures involved in requiring safety 
labeling changes, and enforcement of the requirements for safety 
labeling changes.
    FDA requires safety labeling changes by sending a notification 
letter to the application holder. Under section 505(o)(4)(B), the 
application holder must respond to FDA's notification by submitting a 
labeling supplement or notifying FDA that the applicant does not 
believe the labeling change is warranted and submitting a statement 
detailing the reasons why the application holder does not believe a 
change is warranted (a rebuttal statement).
    Based on FDA's experience to date with safety labeling changes 
requirements under section 505(o)(4), we estimate that approximately 42 
application holders will elect to submit approximately one rebuttal 
statement each year and that each rebuttal statement will take 
approximately 6 hours to prepare.
    In addition, in the guidance, FDA states that new labeling prepared 
in response to a safety labeling change notification should be 
available on the application holder's Web site within 10 calendar days 
of approval. FDA estimates that approximately 407 application holders 
will post new labeling one time each year in response to a safety 
labeling change notification and that the posting of the labeling will 
take approximately 4 hours to prepare.
    In the Federal Register of September 2, 2015 (80 FR 53161), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                                        Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rebuttal statement.................................................              42                1               42                6              252
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                               Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                         Type of submission                             Number of     disclosures per    Total annual   Average  burden    Total hours
                                                                       respondents       respondent      disclosures    per  disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Posting approved labeling on application holder's Web site.........             407                1              407                4            1,628
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collect of information.


    Dated: December 10, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31696 Filed 12-16-15; 8:45 am]
BILLING CODE 4164-01-P



                                                    78740                             Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices

                                                    assistance (no script), with a decrease of                                 CDC requested a total of 38,817                                    ship medical personnel. There is no cost
                                                    106 burden hours.                                                        respondents and 29,388 burden hours                                  to respondents other than the time
                                                      These adjustments result in a decrease                                 annually. The respondents to these                                   required to provide the information
                                                    of 55,994 burden hours.                                                  information collections are travelers and                            requested.

                                                                                                                            ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                                                              Average
                                                                                                                                                                                                Number of
                                                                                                                                                                             Number of                                      burden per              Total burden
                                                                      Respondent                                                       Form                                                   responses per
                                                                                                                                                                            respondents                                      response                  hours
                                                                                                                                                                                                respondent                 (in minutes)

                                                    Traveler .............................................    Airline Travel Illness or Death Inves-                                 1,800                         1                     5/60                150
                                                                                                                tigation Form.
                                                    Ship Medical Personnel ....................               Maritime Conveyance Illness or                                          750                           1                    5/60                 63
                                                                                                                Death Investigation Form.
                                                    Traveler .............................................    Land Travel Illness or Death Inves-                                     100                          1                     5/60                  8
                                                                                                                tigation Form.
                                                    Traveler .............................................    Ebola Risk Assessment Form (Ill                                         100                           1                  15/60                  25
                                                                                                                traveler      interview:    English,
                                                                                                                French, Arabic, or other as need-
                                                                                                                ed).
                                                    Traveler .............................................    United States Traveler Health Dec-                                     9,000                          1                  15/60                2250
                                                                                                                laration (English: Hard Copy,
                                                                                                                fillable PDF, electronic portal).
                                                    Traveler .............................................    United States Traveler Health Dec-                                     8,400                         1                   15/60                2100
                                                                                                                laration (French translation guide).
                                                    Traveler .............................................    United States Traveler Health Dec-                                      100                           1                  15/60                  25
                                                                                                                laration (Arabic translation guide).
                                                    Traveler .............................................    Ebola Risk Assessment Form                                              810                           1                  15/60                 203
                                                                                                                (English hard copy).
                                                    Traveler .............................................    Ebola Risk Assessment French                                            252                           1                  15/60                  63
                                                                                                                translation guide.
                                                    Traveler .............................................    Ebola Risk Assessment Arabic                                                5                         1                  15/60                   1
                                                                                                                translation guide.
                                                    Traveler .............................................    IVR Active Monitoring Survey                                           9,000                       21                      4/60             12,600
                                                                                                                (English: Recorded).
                                                    Traveler .............................................    IVR Active Monitoring Survey                                           8,400                        21                     4/60             11,760
                                                                                                                (French: Recorded).
                                                    Traveler .............................................    IVR Active Monitoring: Arabic trans-                                    100                        21                      4/60                140
                                                                                                                lation assistance (no script).

                                                          Total ...........................................   ...........................................................           38,817    ........................   ........................         29,388



                                                    Leroy A. Richardson,                                                     ACTION:        Notice.                                               and Drug Administration, 8455
                                                    Chief, Information Collection Review Office,                                                                                                  Colesville Rd., COLE–14526, Silver
                                                    Office of Scientific Integrity, Office of the                            SUMMARY:   The Food and Drug                                         Spring, MD 20993–0002, PRAStaff@
                                                    Associate Director for Science, Office of the                            Administration (FDA) is announcing                                   fda.hhs.gov.
                                                    Director, Centers for Disease Control and                                that a proposed collection of
                                                    Prevention.                                                              information has been submitted to the                                SUPPLEMENTARY INFORMATION: In
                                                    [FR Doc. 2015–31742 Filed 12–16–15; 8:45 am]                             Office of Management and Budget                                      compliance with 44 U.S.C. 3507, FDA
                                                                                                                             (OMB) for review and clearance under                                 has submitted the following proposed
                                                    BILLING CODE 4163–18–P
                                                                                                                             the Paperwork Reduction Act of 1995.                                 collection of information to OMB for
                                                                                                                             DATES: Fax written comments on the
                                                                                                                                                                                                  review and clearance.
                                                    DEPARTMENT OF HEALTH AND                                                 collection of information by January 19,                             Guidance for Industry on Safety
                                                    HUMAN SERVICES                                                           2016.                                                                Labeling Changes—Implementation of
                                                                                                                             ADDRESSES: To ensure that comments on                                Section 505(o)(4) of the Federal Food,
                                                    Food and Drug Administration                                             the information collection are received,                             Drug, and Cosmetic Act, OMB Control
                                                                                                                             OMB recommends that written                                          Number 0910–0734—Extension
                                                    [Docket No. FDA–2011–D–0164]                                             comments be faxed to the Office of                                     Section 505(o)(4) of the Federal Food,
                                                                                                                             Information and Regulatory Affairs,                                  Drug, and Cosmetic Act (the FD&C Act)
                                                    Agency Information Collection                                            OMB, Attn: FDA Desk Officer, FAX:
                                                    Activities; Submission for Office of                                                                                                          (21 U.S.C. 355(o)(4)) authorizes FDA to
                                                                                                                             202–395–7285, or emailed to oira_                                    require, and if necessary, order labeling
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Management and Budget Review;                                            submission@omb.eop.gov. All
                                                    Comment Request; Guidance for                                                                                                                 changes if FDA becomes aware of new
                                                                                                                             comments should be identified with the                               safety information that FDA believes
                                                    Industry on Safety Labeling Changes—                                     OMB control number 0910–0734. Also
                                                    Implementation of Section 505(o)(4) of                                                                                                        should be included in the labeling of
                                                                                                                             include the FDA docket number found                                  certain prescription drug and biological
                                                    the Federal Food, Drug, and Cosmetic                                     in brackets in the heading of this
                                                    Act                                                                                                                                           products approved under section 505 of
                                                                                                                             document.                                                            the FD&C Act or section 351 of the PHS
                                                    AGENCY:       Food and Drug Administration,                              FOR FURTHER INFORMATION CONTACT: FDA                                 Act (42 U.S.C. 262). Section 505(o)(4) of
                                                    HHS.                                                                     PRA Staff, Office of Operations, Food                                the FD&C Act applies to prescription


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                                                                                     Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices                                                  78741

                                                    drug products with an approved new                                  constitutes new safety information, the                each year and that each rebuttal
                                                    drug application (NDA) under section                                procedures involved in requiring safety                statement will take approximately 6
                                                    505(b) of the FD&C Act, biological                                  labeling changes, and enforcement of                   hours to prepare.
                                                    products with an approved biologics                                 the requirements for safety labeling                      In addition, in the guidance, FDA
                                                    license application under section 351 of                            changes.                                               states that new labeling prepared in
                                                    the PHS Act, or prescription drug                                     FDA requires safety labeling changes                 response to a safety labeling change
                                                    products with an approved abbreviated                               by sending a notification letter to the                notification should be available on the
                                                    new drug application under section                                  application holder. Under section                      application holder’s Web site within 10
                                                    505(j) of the FD&C Act if the reference                             505(o)(4)(B), the application holder                   calendar days of approval. FDA
                                                                                                                        must respond to FDA’s notification by                  estimates that approximately 407
                                                    listed drug with an approved NDA is
                                                                                                                        submitting a labeling supplement or                    application holders will post new
                                                    not currently marketed. Section
                                                                                                                        notifying FDA that the applicant does                  labeling one time each year in response
                                                    505(o)(4) imposes timeframes for                                    not believe the labeling change is
                                                    application holders to submit and FDA                                                                                      to a safety labeling change notification
                                                                                                                        warranted and submitting a statement                   and that the posting of the labeling will
                                                    staff to review such changes, and gives                             detailing the reasons why the
                                                    FDA new enforcement tools to bring                                                                                         take approximately 4 hours to prepare.
                                                                                                                        application holder does not believe a
                                                    about timely and appropriate labeling                               change is warranted (a rebuttal                           In the Federal Register of September
                                                    changes. The guidance provides                                      statement).                                            2, 2015 (80 FR 53161), FDA published
                                                    information on the implementation of                                  Based on FDA’s experience to date                    a 60-day notice requesting public
                                                    the new provisions, including a                                     with safety labeling changes                           comment on the proposed collection of
                                                    description of the types of safety                                  requirements under section 505(o)(4),                  information. No comments were
                                                    labeling changes that ordinarily might                              we estimate that approximately 42                      received.
                                                    be required under the new legislation,                              application holders will elect to submit                  FDA estimates the burden of this
                                                    how FDA plans to determine what                                     approximately one rebuttal statement                   collection of information as follows:

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

                                                    Rebuttal statement ...............................................................       42                   1               42                 6           252
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                            Number of                             Average
                                                                                                                                          Number of         disclosures       Total annual
                                                                               Type of submission                                                                                                burden per   Total hours
                                                                                                                                         respondents            per           disclosures        disclosure
                                                                                                                                                            respondent

                                                    Posting approved labeling on application holder’s Web site                               407                  1               407                4          1,628
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collect of information.


                                                      Dated: December 10, 2015.                                         SUMMARY:    The Food and Drug                          Administration, 10903 New Hampshire
                                                    Leslie Kux,                                                         Administration (FDA) is announcing the                 Ave., Bldg. 66, Rm. 3615, Silver Spring,
                                                    Associate Commissioner for Policy.                                  termination of the Medical Device ISO                  MD 20993–0002, 301–796–6556.
                                                    [FR Doc. 2015–31696 Filed 12–16–15; 8:45 am]                        Voluntary Audit Report Pilot Program.                  SUPPLEMENTARY INFORMATION:
                                                    BILLING CODE 4164–01–P
                                                                                                                        This program allowed the submission of
                                                                                                                        ISO audit reports performed by third                   I. Background
                                                                                                                        parties, along with audit reports from                    In the Federal Register of March 19,
                                                    DEPARTMENT OF HEALTH AND                                            the preceding 2 years, to determine if                 2012 (77 FR 16036), FDA announced the
                                                    HUMAN SERVICES                                                      the owner or operator of the medical                   availability of a final guidance entitled
                                                                                                                        device establishment could be removed                  ‘‘Guidance for Industry, Third Parties
                                                    Food and Drug Administration                                        from FDA’s routine inspection work                     and Food and Drug Administration
                                                                                                                        plan for 1 year. FDA is also announcing                Staff: Medical Device ISO 13485:2003
                                                    [Docket No. FDA–2010–D–0226]                                        its participation in the operational                   Voluntary Audit Report Submission
                                                                                                                        phase of the Medical Device Single                     Pilot Program’’ (Ref. 1). This guidance
                                                    Medical Device ISO 13485:2003                                       Audit Program (MDSAP), which will                      document was effective on June 5, 2012,
                                                    Voluntary Audit Report Pilot Program;                               allow third parties recognized by the                  and as stated in the guidance was an
                                                                                                                                                                               interim measure while developing a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Termination of Pilot Program;                                       MDSAP consortium to submit audit
                                                    Announcement of the Medical Device                                  reports that FDA will utilize for routine              single audit program, to implement
                                                    Single Audit Program Operational                                    inspections.                                           section 228 of the Food and Drug
                                                    Phase                                                                                                                      Administration Amendments Act of
                                                                                                                        DATES:      This notice is effective March 31,         2007 (Pub. L. 110–85), which amended
                                                    AGENCY:      Food and Drug Administration,                          2016.                                                  section 704(g)(7) of the Federal Food,
                                                    HHS.                                                                FOR FURTHER INFORMATION CONTACT:                       Drug, and Cosmetic Act (21 U.S.C.
                                                                                                                        Robert Ruff, Center for Devices and                    374(g)(7)). The pilot allowed the owner
                                                    ACTION:     Notice.
                                                                                                                        Radiological Health, Food and Drug                     or operator of the medical device


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Document Created: 2018-03-02 09:17:43
Document Modified: 2018-03-02 09:17:43
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 January 19, 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 78740 

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