81_FR_10291 81 FR 10252 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Adverse Event Reporting; Electronic Submissions

81 FR 10252 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Adverse Event Reporting; Electronic Submissions

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range10252-10256
FR Document2016-04223

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 81 Issue 39 (Monday, February 29, 2016)
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10252-10256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04223]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0921]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Adverse Event 
Reporting; Electronic Submissions

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 March 
30, 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 [email protected]. All 
comments should be identified with the OMB control number 0910-0645. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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

SUPPLEMENTARY INFORMATION:

I. Background

    In compliance with 44 U.S.C. 3507, FDA has submitted the following 
proposed collection of information to OMB for review and clearance.

II. Electronic Submission of Food and Drug Administration Adverse Event 
Reports and Other Safety Information Using the Electronic Submission 
Gateway and the Safety Reporting Portal--21 CFR 310.305, 314.80, 
314.98, 314.540, 514.80, 600.80, 1271.350 and Part 803 (OMB Control 
Number 0910--0645)--Revision

    The Safety Reporting Portal (SRP) and the Electronic Submission 
Gateway (ESG) are the Agency's electronic systems for collecting, 
submitting, and processing adverse event reports, product problem 
reports, and other safety information for FDA-regulated products. To 
ensure the safety and identify any risks, harms, or other dangers to 
health for all FDA-regulated human and animal products, the Agency 
needs to be informed whenever an adverse event, product quality 
problem, or product use error occurs. This risk identification process 
is the first necessary step that allows the Agency to gather the 
information necessary to be able to evaluate the risk associated with 
the product and take whatever action is necessary to mitigate or 
eliminate the public's exposure to the risk.
    Some adverse event reports are required to be submitted to FDA 
(mandatory reporting) and some adverse event reports are submitted 
voluntarily (voluntary reporting). Requirements regarding mandatory 
reporting of adverse events or product problems have been codified in 
21 CFR parts 310, 314, 514, 600, 803 and 1271, specifically Sec. Sec.  
310.305, 314.80, 314.98, 314.540, 514.80, 600.80, 803.30, 803.40, 
803.50, 803.53, 803.56, and 1271.350(a) (21 CFR 310.305, 314.80, 
314.98, 314.540, 514.80, 600.80, 803.30, 803.40, 803.50, 803.53, 
803.56, and 1271.350(a)). While adverse event reports submitted to FDA 
in paper format using Forms FDA 3500, 3500A, 1932, and 1932a, are 
approved under OMB control numbers 0910-0284 and 0910-0291, this notice 
solicits comments on adverse event reports filed electronically via the 
SRP and the ESG, and currently approved under OMB control number 0910-
0645.

III. The FDA Safety Reporting Portal Rational Questionnaires

    FDA currently has OMB approval to receive several types of adverse 
event reports electronically via the SRP using rational questionnaires. 
In this notice, FDA seeks comments on the extension of OMB approval for 
the existing rational questionnaires; the proposed revision of the 
existing rational questionnaire for dietary supplements; the proposed 
revision of the existing rational questionnaire for tobacco products; a 
proposed new rational questionnaire that will be used for a new safety 
reporting program for clinical trials and/or investigational use by the 
Center for Tobacco Products (CTP); and proposed new rational 
questionnaires that will be used for food, infant formula, and cosmetic 
adverse event reports.

A. Reportable Food Registry Reports

    The Food and Drug Administration Amendments Act of 2007 (Pub. L. 
110-085) (FDAAA) amended the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) by creating section 417 (21 U.S.C. 350f), Reportable Food 
Registry (RFR or the Registry). Section 417 of the FD&C Act defines 
``reportable food'' as an ``article of food (other than infant formula 
or dietary supplements) for which there is a reasonable probability 
that the use of, or exposure to, such article of food will cause 
serious adverse health consequences or death to humans or animals.'' 
(See section 417(a)(2) of the FD&C Act). The Secretary of Health and 
Human Services (the Secretary) has delegated to the Commissioner of FDA 
the responsibility for administering the FD&C Act, including section 
417. The Congressionally identified purpose of the RFR is to provide 
``a reliable mechanism to track patterns of adulteration in food 
[which] would support efforts by the Food and Drug Administration to 
target limited inspection resources to protect the public health'' (121 
Stat. 965). We designed the RFR report rational questionnaire to enable 
FDA to quickly identify, track, and remove from commerce an article of 
food (other than infant formula and dietary supplements) for which 
there is a reasonable probability that the use of, or exposure to, such 
article of food will cause serious adverse health consequences or death 
to humans or animals. FDA's Center for Food Safety and Applied 
Nutrition (CFSAN) uses the information collected to help ensure that 
such products are quickly and efficiently removed from the market to 
prevent foodborne illnesses. The data elements for RFR reports remain 
unchanged in this request for extension of OMB approval.

B. Reports Concerning Experience With Approved New Animal Drugs

    Section 512(l) of the FD&C Act (21 U.S.C. 360b(l)) and Sec.  
514.80(b) of FDA's regulations (21 CFR 514.80) require applicants of 
approved new animal drug applications (NADAs) and approved abbreviated 
new animal drug applications (ANADAs) to report

[[Page 10253]]

adverse drug experiences and product/manufacturing defects to the 
Center for Veterinary Medicine (CVM). This continuous monitoring of 
approved NADAs and ANADAs affords the primary means by which FDA 
obtains information regarding potential problems with the safety and 
efficacy of marketed approved new animal drugs as well as potential 
product/manufacturing problems. Postapproval marketing surveillance is 
important because data previously submitted to FDA may no longer be 
adequate, as animal drug effects can change over time and less apparent 
effects may take years to manifest.
    If an applicant must report adverse drug experiences and product/
manufacturing defects and chooses to do so using the Agency's paper 
forms, the applicant is required to use Form FDA 1932, ``Veterinary 
Adverse Drug Reaction, Lack of Effectiveness, Product Defect Report.'' 
Periodic drug experience reports and special drug experience reports 
must be accompanied by a completed Form FDA 2301, ``Transmittal of 
Periodic Reports and Promotional Material for New Animal Drugs'' (see 
Sec.  514.80(d)). Form FDA 1932a, ``Veterinary Adverse Drug Reaction, 
Lack of Effectiveness or Product Defect Report'' allows for voluntary 
reporting of adverse drug experiences or product/manufacturing defects 
by veterinarians and the general public. Collection of information 
using existing paper forms FDA 2301, 1932, and 1932a is approved under 
OMB control number 0910-0284.
    Alternatively, an applicant may choose to report adverse drug 
experiences and product/manufacturing defects electronically. The 
electronic submission data elements to report adverse drug experiences 
and product/manufacturing defects electronically remain unchanged in 
this request for extension of OMB approval.

C. Animal Food Adverse Event and Product Problem Reports

    Section 1002(b) of the FDAAA directed the Secretary to establish an 
early warning and surveillance system to identify adulteration of the 
pet food supply and outbreaks of illness associated with pet food. As 
part of the effort to fulfill that directive, the Secretary tasked FDA 
with developing the instrument that would allow consumers to report 
voluntarily adverse events associated with pet food. We developed the 
Pet Food Early Warning System rational questionnaire as a user-friendly 
data collection tool, to make it easy for the public to report a safety 
problem with pet food. Subsequently, we developed a questionnaire for 
collecting voluntary adverse event reports associated with livestock 
food from interested parties such as livestock owners, managers, 
veterinary staff or other professionals, and concerned citizens. 
Information collected in these voluntary adverse event reports 
contribute to CVM's ability to identify adulteration of the livestock 
food supply and outbreaks of illness associated with livestock food. 
The Pet Food Early Warning System and the Livestock Food Reports are 
designed to identify adulteration of the animal food supply and 
outbreaks of illness associated with animal food to enable us to 
quickly identify, track, and remove from commerce such articles of 
food. We use the information collected to help ensure that such 
products are quickly and efficiently removed from the market to prevent 
foodborne illnesses. The electronic submission data elements to report 
adverse events associated with animal food remain unchanged in this 
request for extension of OMB approval.

D. Voluntary Tobacco Product Adverse Event and Product Problem Reports

    As noted, this notice seeks comments on two items: (1) A revision 
to the existing rational questionnaire utilized by consumers and 
concerned citizens to report tobacco product adverse event or product 
problems, and (2) a proposed new rational questionnaire that will be 
used for a new safety reporting program for clinical trials and/or 
investigational use by CTP.
    FDA has broad legal authority under the FD&C Act to protect the 
public health, including protecting Americans from tobacco-related 
death and disease by regulating the manufacture, distribution, and 
marketing of tobacco products and by educating the public, especially 
young people, about tobacco products and the dangers their use poses to 
themselves and others. The Family Smoking Prevention and Tobacco 
Control Act of 2009 (Pub. L. 111-31) (Tobacco Control Act) amended the 
FD&C Act by creating a new section 909 (21 U.S.C. 387i, Records and 
Reports on Tobacco Products). Section 909(a) of the FD&C Act (21 U.S.C. 
387i(a)) authorizes FDA to establish regulations with respect to 
mandatory adverse event reports associated with the use of a tobacco 
product. At this time, FDA collects voluntary adverse event reports 
associated with the use of tobacco products from interested parties 
such as health care providers, researchers, consumers, and other users 
of tobacco products. Information collected in voluntary adverse event 
reports will contribute to CTP's ability to be informed of, and assess 
the real consequences of, tobacco product use.
    The need for this collection of information derives from our 
responsibility to obtain current, timely, and policy-relevant 
information to carry out our statutory functions. The FDA Commissioner 
is authorized to undertake this collection as specified in section 
1003(d)(2) of the FD&C Act (21 U.S.C. 393(d)(2)).
    FDA's CTP has been receiving adverse event and product problem 
reports through the Safety Reporting Portal since January 2014, when 
the Safety Reporting Portal for tobacco products first became available 
to the public. CTP also receives adverse event and product problem 
reports via paper forms, as approved under OMB Control number 0910-
0291. The original questionnaire evolved with input from a National 
Institutes of Health team of human-factors experts, from other 
regulatory agencies, and with extensive input from consumer advocacy 
groups and the general public. The revised CTP questionnaire along with 
the proposed new Investigator questionnaire build on the foundation of 
the original rational questionnaire to make the report's data more 
useful, analyzable, and specific. The changes from the original to the 
new questionnaire are made in an effort to make the questions more 
understandable and specific. In some instances, alterations were made 
to the list of values to choose from by the end user in order to 
include values more pertinent to CTP's current and future data 
collection needs. In other instances, questions were added that will 
provide FDA with more specific, analyzable information. In still other 
instances, questions were removed altogether in an effort to streamline 
the questionnaire and make it more user-friendly. All changes were made 
with the goal of providing FDA more pertinent information while 
minimizing the burden on the respondent. Finally, we note that 
respondents unable to submit reports using the electronic system will 
still be able to provide their information by paper form (by mail or 
fax) or telephone.
    The proposed new rational questionnaire will be used by tobacco 
product investigators in clinical trials with investigational tobacco 
products. In addition to the information collected by the existing 
rational questionnaire for tobacco products, the proposed rational 
questionnaire will collect identifying information specific to the 
clinical trial or investigational product such as clinical protocol 
numbers or other identifying features to pinpoint under

[[Page 10254]]

which test or protocol the adverse event occurred.
    Both CTP voluntary rational questionnaires will capture tobacco-
specific adverse event and product problem information from voluntary 
reporting entities such as health care providers, researchers, 
consumers, and other users of tobacco products. To carry out its 
responsibilities, FDA needs to be informed when an adverse event, 
product problem, or error with use is suspected or identified. When FDA 
receives tobacco-specific adverse event and product problem 
information, it will use the information to assess and evaluate the 
risk associated with the product, and then FDA will take whatever 
action is necessary to reduce, mitigate, or eliminate the public's 
exposure to the risk through regulatory and public health 
interventions.

E. Dietary Supplement Adverse Event Reports

    The Dietary Supplement and Nonprescription Drug Consumer Protection 
Act (DSNDCPA) (Pub. L. 109-462, 120 Stat. 3469) amended the FD&C Act 
with respect to serious adverse event reporting and recordkeeping for 
dietary supplements and nonprescription drugs marketed without an 
approved application.
    Section 761(b)(1) of the FD&C Act (21 U.S.C. 379aa-1(b)(1)) 
requires the manufacturer, packer, or distributor whose name (under 
section 403(e)(1) of the FD&C Act (21 U.S.C. 343(e)(1)) appears on the 
label of a dietary supplement marketed in the United States to submit 
to FDA all serious adverse event reports associated with the use of a 
dietary supplement, accompanied by a copy of the product label. The 
manufacturer, packer, or distributor of a dietary supplement is 
required by the DSNDCPA to use the MedWatch form (Form FDA 3500A) when 
submitting a serious adverse event report to FDA. In addition, under 
section 761(c)(2) of the FD&C Act, the submitter of the serious adverse 
event report (referred to in the statute as the ``responsible person'') 
is required to submit to FDA a followup report of any related new 
medical information the responsible person receives within 1 year of 
the initial report.
    As required by section 3(d)(3) of the DSNDCPA, FDA issued guidance 
to describe the minimum data elements for serious adverse event reports 
for dietary supplements. The guidance document entitled ``Guidance for 
Industry: Questions and Answers Regarding Adverse Event Reporting and 
Recordkeeping for Dietary Supplements as Required by the Dietary 
Supplement and Nonprescription Drug Consumer Protection Act,'' 
discusses how, when, and where to submit serious adverse event reports 
for dietary supplements and followup reports. The guidance also 
provides FDA's recommendation on records maintenance and access for 
serious and non-serious adverse event reports and related documents.
    Reporting of serious adverse events for dietary supplements to FDA 
serves as an early warning sign of potential public health issues 
associated with such products. Without notification of all serious 
adverse events associated with dietary supplements, FDA would be unable 
to investigate and followup promptly, which in turn could cause delays 
in alerting the public when safety problems are found. In addition, the 
information received provides a reliable mechanism to track patterns of 
adulteration in food that supports efforts by FDA to target limited 
inspection resources to protect the public health. FDA uses the 
information collected to help ensure that such products are quickly and 
efficiently removed from the market to prevent foodborne illnesses.
    Paper mandatory dietary supplement adverse event reports are 
submitted to FDA on the MedWatch form, Form FDA 3500A, and paper 
voluntary reports are submitted on Form FDA 3500. Forms FDA 3500 and 
3500A are available as fillable pdf forms. Dietary supplement adverse 
event reports may be electronically submitted to the Agency via the 
SRP. This method of submission is voluntary. A manufacturer, packer, or 
distributor of a dietary supplement who is unable to or chooses not to 
submit reports using the electronic system will still be able to 
provide their information by paper MedWatch form, Form FDA 3500A (by 
mail or fax). There is no change to the mandatory information 
previously required on the MedWatch form. CFSAN is making available the 
option to submit the same information via electronic means. However, we 
are proposing to add a new voluntary question on the mandatory report 
rational questionnaire and a new voluntary question on the voluntary 
report rational questionnaire. The text of the new questions is 
provided in table form in table 1. Finally, we are proposing to change 
the following data elements from a text box method of response to an 
individual question and answer method: Race and known allergies.

   Table 1--Proposed New Questions on the Dietary Supplement Rational
                              Questionnaire
------------------------------------------------------------------------
                                             Is response mandatory or
          Text of new question                      voluntary?
------------------------------------------------------------------------
Mandatory Report--In the Contact         Voluntary, and only displayed
 Information section, we propose to       if the person filling out the
 add, ``Please provide contact            report is reporting on behalf
 information for you, the person who is   of a responsible person, such
 filling out this report.''.              as a contractor, and has not
                                          created an account on the SRP.
Voluntary Report--In the Product         Voluntary.
 Information section, we propose to
 request the ingredients of the suspect
 and concomitant product(s), as
 provided on the label of the
 product(s).
------------------------------------------------------------------------

    The reporting and recordkeeping requirements of the FD&C Act for 
dietary supplement adverse event reports and the recommendations of the 
guidance document were first approved in 2009 under OMB control number 
0910-0635. OMB approved the extension of the 0910-0635 collection of 
information in February 2013. OMB approved the electronic submission of 
dietary supplement adverse event reports via the SRP under OMB control 
number 0910-0645 in June 2013. Burden hours are also reported under OMB 
control number 0910-0291 reflecting the submission of dietary 
supplement adverse event reports on the paper MedWatch form, Form FDA 
3500A.

F. Food, Infant Formula, and Cosmetic Adverse Event Reports

    We are planning proposed new rational questionnaire functionality 
that will be used for food, infant formula, and cosmetic adverse event 
reports. Currently, voluntary adverse event reports for such products 
are submitted on Form FDA 3500, which is available as a fillable pdf 
form. However, we have not developed rational questionnaires

[[Page 10255]]

by which these reports may be electronically submitted to us via the 
SRP. In addition, MedWatch forms, although recently updated with field 
labels and descriptions to better clarify for reporters the range of 
reportable products, do not specifically include questions relevant for 
the analysis of adverse events related to food, infant formula, and 
cosmetics. The proposed food, infant formula, and cosmetics rational 
questionnaire functionality will operate in a manner similar to the 
dietary supplement rational questionnaire and will include specific 
questions relevant for the analysis of adverse events related to food, 
infant formula, and cosmetics.

    Table 2--New Questions on the Proposed Food, Infant Formula, and
   Cosmetics Rational Questionnaires for Both Suspect and Concomitant
                                Products
------------------------------------------------------------------------
                                              Is response mandatory or
           Text of new question                      voluntary?
------------------------------------------------------------------------
For food products:........................  Voluntary.
    ``Is this a medical food?''
    ``If so, what was the diagnosis or
     reason for use?''
    ``How was the product prepared?''
For infant formula products:..............  Voluntary.
    ``What form of the product was used:
     Concentrate, powder or ready to
     serve?''
    ``Is this a specialized infant
     formula?''
    ``If so, what was the diagnosis or
     reason for use?''
    ``How was the product prepared?''
    ``What type of water was used to
     prepare the formula?''
For cosmetic products:....................  Voluntary.
    ``Do you have existing skin
     conditions?''
    ``How soon did symptoms develop after
     using the product?''
    ``Did the intensity of the reaction
     get worse with time?''
    ``Where did the reaction develop?''
    ``What treatments were sought for this
     adverse event?''
    ``What ingredient do you suspect
     caused the adverse event?''
    ``Has the problem resolved?''
    ``Does the product label contain a
     warning or caution statement?''
------------------------------------------------------------------------

IV. Information Collection Burden Estimate

    Description of respondents: The respondents to this collection of 
information include all persons submitting mandatory or voluntary 
adverse event reports electronically to FDA via the ESG or the SRP 
regarding FDA-regulated products.
    In the Federal Register of November 18, 2015 (80 FR 72071) FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    We estimate the burden of this collection of information as 
follows:

                                 Table 3--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                  Number of
           Activity               Number of     responses per   Total annual    Average  burden     Total hours
                                 respondents     respondent       responses       per response
----------------------------------------------------------------------------------------------------------------
Voluntary Adverse Event                 1,786               1           1,786  0.6..............           1,072
 Report via the SRP (Other                                                     (36 minutes).....
 than RFR Reports).
Mandatory Adverse Event                   636               1             636  1.0..............             636
 Report via the SRP (Other
 than RFR Reports).
Mandatory Adverse Event             1,864,035               1       1,864,035  0.6..............       1,118,421
 Report via the ESG (Gateway-                                                  (36 minutes).....
 to-Gateway transmission).
Mandatory and Voluntary RFR             1,200               1           1,200  0.6..............             720
 Reports via the SRP.                                                          (36 minutes).....
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ..............  ..............  .................       1,120,849
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The Agency's estimate of the number of respondents and the total 
annual responses in table 3, Estimated Annual Reporting Burden, is 
based primarily on mandatory and voluntary adverse event reports 
electronically submitted to the Agency. The estimated total annual 
responses are based on initial reports. Followup reports, if any, are 
not counted as new reports. Based on its experience with adverse event 
reporting, FDA estimates that it will take a respondent 0.6 hour to 
submit a voluntary adverse event report via the SRP, 1 hour to submit a 
mandatory adverse event report via the SRP, and 0.6 hour to submit a 
mandatory adverse event report via the ESG (gateway-to-gateway 
transmission). Both mandatory and voluntary RFR reports must be 
submitted via the SRP. FDA estimates that it will take a respondent 0.6 
hour to submit a RFR report, whether the submission is mandatory or 
voluntary.
    The burden hours required to complete paper FDA reporting forms 
(Forms FDA 3500, 3500A, 1932, and 1932a) are reported under OMB control 
numbers 0910-0284 and 0910-0291. While FDA does not charge for the use 
of the ESG, FDA requires respondents to obtain a public key 
infrastructure certificate in order to set up the account.

[[Page 10256]]

This can be obtained in-house or outsourced by purchasing a public key 
certificate that is valid for 1 year to 3 years. The certificate 
typically costs from $20 to $30.

    Dated: February 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-04223 Filed 2-26-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                    10252                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                    complex chemistry, manufacturing,                       II. Electronic Submission of Food and                 rational questionnaire for tobacco
                                                    efficacy, and/or safety issues, the                     Drug Administration Adverse Event                     products; a proposed new rational
                                                    estimated time requirement per file is                  Reports and Other Safety Information                  questionnaire that will be used for a
                                                    approximately 5,000 hours. We estimate                  Using the Electronic Submission                       new safety reporting program for
                                                    that, annually, 5 respondents will each                 Gateway and the Safety Reporting                      clinical trials and/or investigational use
                                                    submit 1 such file, for a total of 25,000               Portal—21 CFR 310.305, 314.80, 314.98,                by the Center for Tobacco Products
                                                    hours.                                                  314.540, 514.80, 600.80, 1271.350 and                 (CTP); and proposed new rational
                                                      Dated: February 23, 2016.                             Part 803 (OMB Control Number 0910—                    questionnaires that will be used for
                                                                                                            0645)—Revision                                        food, infant formula, and cosmetic
                                                    Leslie Kux,
                                                                                                                                                                  adverse event reports.
                                                    Associate Commissioner for Policy.                         The Safety Reporting Portal (SRP) and
                                                    [FR Doc. 2016–04228 Filed 2–26–16; 8:45 am]             the Electronic Submission Gateway                     A. Reportable Food Registry Reports
                                                    BILLING CODE 4164–01–P
                                                                                                            (ESG) are the Agency’s electronic                       The Food and Drug Administration
                                                                                                            systems for collecting, submitting, and               Amendments Act of 2007 (Pub. L. 110–
                                                                                                            processing adverse event reports,                     085) (FDAAA) amended the Federal
                                                    DEPARTMENT OF HEALTH AND                                product problem reports, and other                    Food, Drug, and Cosmetic Act (the
                                                    HUMAN SERVICES                                          safety information for FDA-regulated                  FD&C Act) by creating section 417 (21
                                                                                                            products. To ensure the safety and                    U.S.C. 350f), Reportable Food Registry
                                                    Food and Drug Administration                            identify any risks, harms, or other                   (RFR or the Registry). Section 417 of the
                                                                                                            dangers to health for all FDA-regulated               FD&C Act defines ‘‘reportable food’’ as
                                                    [Docket No. FDA–2012–N–0921]                            human and animal products, the                        an ‘‘article of food (other than infant
                                                                                                            Agency needs to be informed whenever                  formula or dietary supplements) for
                                                    Agency Information Collection                           an adverse event, product quality                     which there is a reasonable probability
                                                    Activities; Submission for Office of                    problem, or product use error occurs.                 that the use of, or exposure to, such
                                                    Management and Budget Review;                           This risk identification process is the               article of food will cause serious adverse
                                                    Comment Request; Adverse Event                          first necessary step that allows the                  health consequences or death to humans
                                                    Reporting; Electronic Submissions                       Agency to gather the information                      or animals.’’ (See section 417(a)(2) of the
                                                                                                            necessary to be able to evaluate the risk             FD&C Act). The Secretary of Health and
                                                    AGENCY:    Food and Drug Administration,                associated with the product and take                  Human Services (the Secretary) has
                                                    HHS.                                                    whatever action is necessary to mitigate              delegated to the Commissioner of FDA
                                                    ACTION:   Notice.                                       or eliminate the public’s exposure to the             the responsibility for administering the
                                                                                                            risk.                                                 FD&C Act, including section 417. The
                                                    SUMMARY:   The Food and Drug                               Some adverse event reports are                     Congressionally identified purpose of
                                                    Administration (FDA) is announcing                      required to be submitted to FDA                       the RFR is to provide ‘‘a reliable
                                                    that a proposed collection of                           (mandatory reporting) and some adverse                mechanism to track patterns of
                                                    information has been submitted to the                   event reports are submitted voluntarily               adulteration in food [which] would
                                                    Office of Management and Budget                         (voluntary reporting). Requirements                   support efforts by the Food and Drug
                                                    (OMB) for review and clearance under                    regarding mandatory reporting of                      Administration to target limited
                                                    the Paperwork Reduction Act of 1995.                    adverse events or product problems                    inspection resources to protect the
                                                    DATES: Fax written comments on the                      have been codified in 21 CFR parts 310,               public health’’ (121 Stat. 965). We
                                                    collection of information by March 30,                  314, 514, 600, 803 and 1271, specifically             designed the RFR report rational
                                                    2016.                                                   §§ 310.305, 314.80, 314.98, 314.540,                  questionnaire to enable FDA to quickly
                                                    ADDRESSES: To ensure that comments on                   514.80, 600.80, 803.30, 803.40, 803.50,               identify, track, and remove from
                                                    the information collection are received,                803.53, 803.56, and 1271.350(a) (21 CFR               commerce an article of food (other than
                                                    OMB recommends that written                             310.305, 314.80, 314.98, 314.540,                     infant formula and dietary supplements)
                                                    comments be faxed to the Office of                      514.80, 600.80, 803.30, 803.40, 803.50,               for which there is a reasonable
                                                    Information and Regulatory Affairs,                     803.53, 803.56, and 1271.350(a)). While               probability that the use of, or exposure
                                                    OMB, Attn: FDA Desk Officer, FAX:                       adverse event reports submitted to FDA                to, such article of food will cause
                                                    202–395–7285, or emailed to oira_                       in paper format using Forms FDA 3500,                 serious adverse health consequences or
                                                    submission@omb.eop.gov. All                             3500A, 1932, and 1932a, are approved                  death to humans or animals. FDA’s
                                                    comments should be identified with the                  under OMB control numbers 0910–0284                   Center for Food Safety and Applied
                                                    OMB control number 0910–0645. Also                      and 0910–0291, this notice solicits                   Nutrition (CFSAN) uses the information
                                                    include the FDA docket number found                     comments on adverse event reports filed               collected to help ensure that such
                                                    in brackets in the heading of this                      electronically via the SRP and the ESG,               products are quickly and efficiently
                                                    document.                                               and currently approved under OMB                      removed from the market to prevent
                                                                                                            control number 0910–0645.                             foodborne illnesses. The data elements
                                                    FOR FURTHER INFORMATION CONTACT:    FDA
                                                                                                            III. The FDA Safety Reporting Portal                  for RFR reports remain unchanged in
                                                    PRA Staff, Office of Operations, Food
                                                                                                            Rational Questionnaires                               this request for extension of OMB
                                                    and Drug Administration, 8455
                                                                                                                                                                  approval.
                                                    Colesville Rd., COLE–14526, Silver                        FDA currently has OMB approval to
                                                    Spring, MD 20993–0002, PRAStaff@                        receive several types of adverse event                B. Reports Concerning Experience With
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    fda.hhs.gov.                                            reports electronically via the SRP using              Approved New Animal Drugs
                                                    SUPPLEMENTARY INFORMATION:                              rational questionnaires. In this notice,                Section 512(l) of the FD&C Act (21
                                                                                                            FDA seeks comments on the extension                   U.S.C. 360b(l)) and § 514.80(b) of FDA’s
                                                    I. Background                                           of OMB approval for the existing                      regulations (21 CFR 514.80) require
                                                      In compliance with 44 U.S.C. 3507,                    rational questionnaires; the proposed                 applicants of approved new animal drug
                                                    FDA has submitted the following                         revision of the existing rational                     applications (NADAs) and approved
                                                    proposed collection of information to                   questionnaire for dietary supplements;                abbreviated new animal drug
                                                    OMB for review and clearance.                           the proposed revision of the existing                 applications (ANADAs) to report


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                                                                                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                           10253

                                                    adverse drug experiences and product/                   we developed a questionnaire for                      to be informed of, and assess the real
                                                    manufacturing defects to the Center for                 collecting voluntary adverse event                    consequences of, tobacco product use.
                                                    Veterinary Medicine (CVM). This                         reports associated with livestock food                   The need for this collection of
                                                    continuous monitoring of approved                       from interested parties such as livestock             information derives from our
                                                    NADAs and ANADAs affords the                            owners, managers, veterinary staff or                 responsibility to obtain current, timely,
                                                    primary means by which FDA obtains                      other professionals, and concerned                    and policy-relevant information to carry
                                                    information regarding potential                         citizens. Information collected in these              out our statutory functions. The FDA
                                                    problems with the safety and efficacy of                voluntary adverse event reports                       Commissioner is authorized to
                                                    marketed approved new animal drugs as                   contribute to CVM’s ability to identify               undertake this collection as specified in
                                                    well as potential product/manufacturing                 adulteration of the livestock food supply             section 1003(d)(2) of the FD&C Act (21
                                                    problems. Postapproval marketing                        and outbreaks of illness associated with              U.S.C. 393(d)(2)).
                                                    surveillance is important because data                  livestock food. The Pet Food Early                       FDA’s CTP has been receiving adverse
                                                    previously submitted to FDA may no                      Warning System and the Livestock Food                 event and product problem reports
                                                    longer be adequate, as animal drug                      Reports are designed to identify                      through the Safety Reporting Portal
                                                    effects can change over time and less                   adulteration of the animal food supply                since January 2014, when the Safety
                                                    apparent effects may take years to                      and outbreaks of illness associated with              Reporting Portal for tobacco products
                                                    manifest.                                               animal food to enable us to quickly                   first became available to the public. CTP
                                                       If an applicant must report adverse                  identify, track, and remove from                      also receives adverse event and product
                                                    drug experiences and product/                           commerce such articles of food. We use                problem reports via paper forms, as
                                                    manufacturing defects and chooses to                    the information collected to help ensure              approved under OMB Control number
                                                    do so using the Agency’s paper forms,                   that such products are quickly and                    0910–0291. The original questionnaire
                                                    the applicant is required to use Form                   efficiently removed from the market to                evolved with input from a National
                                                    FDA 1932, ‘‘Veterinary Adverse Drug                     prevent foodborne illnesses. The                      Institutes of Health team of human-
                                                    Reaction, Lack of Effectiveness, Product                electronic submission data elements to                factors experts, from other regulatory
                                                    Defect Report.’’ Periodic drug                          report adverse events associated with                 agencies, and with extensive input from
                                                    experience reports and special drug                     animal food remain unchanged in this                  consumer advocacy groups and the
                                                    experience reports must be                              request for extension of OMB approval.                general public. The revised CTP
                                                    accompanied by a completed Form FDA
                                                                                                            D. Voluntary Tobacco Product Adverse                  questionnaire along with the proposed
                                                    2301, ‘‘Transmittal of Periodic Reports
                                                                                                            Event and Product Problem Reports                     new Investigator questionnaire build on
                                                    and Promotional Material for New
                                                                                                              As noted, this notice seeks comments                the foundation of the original rational
                                                    Animal Drugs’’ (see § 514.80(d)). Form
                                                                                                            on two items: (1) A revision to the                   questionnaire to make the report’s data
                                                    FDA 1932a, ‘‘Veterinary Adverse Drug
                                                                                                            existing rational questionnaire utilized              more useful, analyzable, and specific.
                                                    Reaction, Lack of Effectiveness or
                                                                                                            by consumers and concerned citizens to                The changes from the original to the
                                                    Product Defect Report’’ allows for
                                                                                                            report tobacco product adverse event or               new questionnaire are made in an effort
                                                    voluntary reporting of adverse drug
                                                    experiences or product/manufacturing                    product problems, and (2) a proposed                  to make the questions more
                                                    defects by veterinarians and the general                new rational questionnaire that will be               understandable and specific. In some
                                                    public. Collection of information using                 used for a new safety reporting program               instances, alterations were made to the
                                                    existing paper forms FDA 2301, 1932,                    for clinical trials and/or investigational            list of values to choose from by the end
                                                    and 1932a is approved under OMB                         use by CTP.                                           user in order to include values more
                                                    control number 0910–0284.                                 FDA has broad legal authority under                 pertinent to CTP’s current and future
                                                       Alternatively, an applicant may                      the FD&C Act to protect the public                    data collection needs. In other
                                                    choose to report adverse drug                           health, including protecting Americans                instances, questions were added that
                                                    experiences and product/manufacturing                   from tobacco-related death and disease                will provide FDA with more specific,
                                                    defects electronically. The electronic                  by regulating the manufacture,                        analyzable information. In still other
                                                    submission data elements to report                      distribution, and marketing of tobacco                instances, questions were removed
                                                    adverse drug experiences and product/                   products and by educating the public,                 altogether in an effort to streamline the
                                                    manufacturing defects electronically                    especially young people, about tobacco                questionnaire and make it more user-
                                                    remain unchanged in this request for                    products and the dangers their use                    friendly. All changes were made with
                                                    extension of OMB approval.                              poses to themselves and others. The                   the goal of providing FDA more
                                                                                                            Family Smoking Prevention and                         pertinent information while minimizing
                                                    C. Animal Food Adverse Event and                        Tobacco Control Act of 2009 (Pub. L.                  the burden on the respondent. Finally,
                                                    Product Problem Reports                                 111–31) (Tobacco Control Act) amended                 we note that respondents unable to
                                                       Section 1002(b) of the FDAAA                         the FD&C Act by creating a new section                submit reports using the electronic
                                                    directed the Secretary to establish an                  909 (21 U.S.C. 387i, Records and                      system will still be able to provide their
                                                    early warning and surveillance system                   Reports on Tobacco Products). Section                 information by paper form (by mail or
                                                    to identify adulteration of the pet food                909(a) of the FD&C Act (21 U.S.C.                     fax) or telephone.
                                                    supply and outbreaks of illness                         387i(a)) authorizes FDA to establish                     The proposed new rational
                                                    associated with pet food. As part of the                regulations with respect to mandatory                 questionnaire will be used by tobacco
                                                    effort to fulfill that directive, the                   adverse event reports associated with                 product investigators in clinical trials
                                                    Secretary tasked FDA with developing                    the use of a tobacco product. At this                 with investigational tobacco products.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    the instrument that would allow                         time, FDA collects voluntary adverse                  In addition to the information collected
                                                    consumers to report voluntarily adverse                 event reports associated with the use of              by the existing rational questionnaire for
                                                    events associated with pet food. We                     tobacco products from interested parties              tobacco products, the proposed rational
                                                    developed the Pet Food Early Warning                    such as health care providers,                        questionnaire will collect identifying
                                                    System rational questionnaire as a user-                researchers, consumers, and other users               information specific to the clinical trial
                                                    friendly data collection tool, to make it               of tobacco products. Information                      or investigational product such as
                                                    easy for the public to report a safety                  collected in voluntary adverse event                  clinical protocol numbers or other
                                                    problem with pet food. Subsequently,                    reports will contribute to CTP’s ability              identifying features to pinpoint under


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                                                    10254                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                    which test or protocol the adverse event                label. The manufacturer, packer, or                   information received provides a reliable
                                                    occurred.                                               distributor of a dietary supplement is                mechanism to track patterns of
                                                      Both CTP voluntary rational                           required by the DSNDCPA to use the                    adulteration in food that supports efforts
                                                    questionnaires will capture tobacco-                    MedWatch form (Form FDA 3500A)                        by FDA to target limited inspection
                                                    specific adverse event and product                      when submitting a serious adverse event               resources to protect the public health.
                                                    problem information from voluntary                      report to FDA. In addition, under                     FDA uses the information collected to
                                                    reporting entities such as health care                  section 761(c)(2) of the FD&C Act, the                help ensure that such products are
                                                    providers, researchers, consumers, and                  submitter of the serious adverse event                quickly and efficiently removed from
                                                    other users of tobacco products. To                     report (referred to in the statute as the             the market to prevent foodborne
                                                    carry out its responsibilities, FDA needs               ‘‘responsible person’’) is required to                illnesses.
                                                    to be informed when an adverse event,                   submit to FDA a followup report of any                   Paper mandatory dietary supplement
                                                    product problem, or error with use is                   related new medical information the                   adverse event reports are submitted to
                                                    suspected or identified. When FDA                       responsible person receives within 1                  FDA on the MedWatch form, Form FDA
                                                    receives tobacco-specific adverse event                 year of the initial report.                           3500A, and paper voluntary reports are
                                                    and product problem information, it                        As required by section 3(d)(3) of the              submitted on Form FDA 3500. Forms
                                                    will use the information to assess and                  DSNDCPA, FDA issued guidance to
                                                    evaluate the risk associated with the                                                                         FDA 3500 and 3500A are available as
                                                                                                            describe the minimum data elements for                fillable pdf forms. Dietary supplement
                                                    product, and then FDA will take                         serious adverse event reports for dietary
                                                    whatever action is necessary to reduce,                                                                       adverse event reports may be
                                                                                                            supplements. The guidance document                    electronically submitted to the Agency
                                                    mitigate, or eliminate the public’s                     entitled ‘‘Guidance for Industry:
                                                    exposure to the risk through regulatory                                                                       via the SRP. This method of submission
                                                                                                            Questions and Answers Regarding                       is voluntary. A manufacturer, packer, or
                                                    and public health interventions.                        Adverse Event Reporting and                           distributor of a dietary supplement who
                                                    E. Dietary Supplement Adverse Event                     Recordkeeping for Dietary Supplements                 is unable to or chooses not to submit
                                                    Reports                                                 as Required by the Dietary Supplement                 reports using the electronic system will
                                                      The Dietary Supplement and                            and Nonprescription Drug Consumer                     still be able to provide their information
                                                    Nonprescription Drug Consumer                           Protection Act,’’ discusses how, when,                by paper MedWatch form, Form FDA
                                                    Protection Act (DSNDCPA) (Pub. L.                       and where to submit serious adverse                   3500A (by mail or fax). There is no
                                                    109–462, 120 Stat. 3469) amended the                    event reports for dietary supplements                 change to the mandatory information
                                                    FD&C Act with respect to serious                        and followup reports. The guidance also               previously required on the MedWatch
                                                    adverse event reporting and                             provides FDA’s recommendation on                      form. CFSAN is making available the
                                                    recordkeeping for dietary supplements                   records maintenance and access for                    option to submit the same information
                                                    and nonprescription drugs marketed                      serious and non-serious adverse event                 via electronic means. However, we are
                                                    without an approved application.                        reports and related documents.                        proposing to add a new voluntary
                                                      Section 761(b)(1) of the FD&C Act (21                    Reporting of serious adverse events                question on the mandatory report
                                                    U.S.C. 379aa-1(b)(1)) requires the                      for dietary supplements to FDA serves                 rational questionnaire and a new
                                                    manufacturer, packer, or distributor                    as an early warning sign of potential                 voluntary question on the voluntary
                                                    whose name (under section 403(e)(1) of                  public health issues associated with                  report rational questionnaire. The text of
                                                    the FD&C Act (21 U.S.C. 343(e)(1))                      such products. Without notification of                the new questions is provided in table
                                                    appears on the label of a dietary                       all serious adverse events associated                 form in table 1. Finally, we are
                                                    supplement marketed in the United                       with dietary supplements, FDA would                   proposing to change the following data
                                                    States to submit to FDA all serious                     be unable to investigate and followup                 elements from a text box method of
                                                    adverse event reports associated with                   promptly, which in turn could cause                   response to an individual question and
                                                    the use of a dietary supplement,                        delays in alerting the public when safety             answer method: Race and known
                                                    accompanied by a copy of the product                    problems are found. In addition, the                  allergies.

                                                                     TABLE 1—PROPOSED NEW QUESTIONS ON THE DIETARY SUPPLEMENT RATIONAL QUESTIONNAIRE
                                                                                Text of new question                                                       Is response mandatory or voluntary?

                                                    Mandatory Report—In the Contact Information section, we propose to                   Voluntary, and only displayed if the person filling out the report is re-
                                                      add, ‘‘Please provide contact information for you, the person who is                 porting on behalf of a responsible person, such as a contractor, and
                                                      filling out this report.’’.                                                          has not created an account on the SRP.
                                                    Voluntary Report—In the Product Information section, we propose to                   Voluntary.
                                                      request the ingredients of the suspect and concomitant product(s),
                                                      as provided on the label of the product(s).



                                                      The reporting and recordkeeping                       reports via the SRP under OMB control                 F. Food, Infant Formula, and Cosmetic
                                                    requirements of the FD&C Act for                        number 0910–0645 in June 2013.                        Adverse Event Reports
                                                    dietary supplement adverse event                        Burden hours are also reported under
                                                                                                                                                                    We are planning proposed new
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    reports and the recommendations of the                  OMB control number 0910–0291
                                                                                                                                                                  rational questionnaire functionality that
                                                    guidance document were first approved                   reflecting the submission of dietary
                                                                                                                                                                  will be used for food, infant formula,
                                                    in 2009 under OMB control number                        supplement adverse event reports on the               and cosmetic adverse event reports.
                                                    0910–0635. OMB approved the                             paper MedWatch form, Form FDA                         Currently, voluntary adverse event
                                                    extension of the 0910–0635 collection of                3500A.                                                reports for such products are submitted
                                                    information in February 2013. OMB                                                                             on Form FDA 3500, which is available
                                                    approved the electronic submission of                                                                         as a fillable pdf form. However, we have
                                                    dietary supplement adverse event                                                                              not developed rational questionnaires


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                                                                                           Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                                                                             10255

                                                    by which these reports may be                                              products, do not specifically include                                      operate in a manner similar to the
                                                    electronically submitted to us via the                                     questions relevant for the analysis of                                     dietary supplement rational
                                                    SRP. In addition, MedWatch forms,                                          adverse events related to food, infant                                     questionnaire and will include specific
                                                    although recently updated with field                                       formula, and cosmetics. The proposed                                       questions relevant for the analysis of
                                                    labels and descriptions to better clarify                                  food, infant formula, and cosmetics                                        adverse events related to food, infant
                                                    for reporters the range of reportable                                      rational questionnaire functionality will                                  formula, and cosmetics.

                                                       TABLE 2—NEW QUESTIONS ON THE PROPOSED FOOD, INFANT FORMULA, AND COSMETICS RATIONAL QUESTIONNAIRES
                                                                                 FOR BOTH SUSPECT AND CONCOMITANT PRODUCTS

                                                                                                                                                                                                                                                            Is response
                                                                                                                                      Text of new question                                                                                                  mandatory or
                                                                                                                                                                                                                                                             voluntary?

                                                    For food products: ..................................................................................................................................................................................   Voluntary.
                                                         ‘‘Is this a medical food?’’
                                                         ‘‘If so, what was the diagnosis or reason for use?’’
                                                         ‘‘How was the product prepared?’’
                                                    For infant formula products: ...................................................................................................................................................................        Voluntary.
                                                         ‘‘What form of the product was used: Concentrate, powder or ready to serve?’’
                                                         ‘‘Is this a specialized infant formula?’’
                                                         ‘‘If so, what was the diagnosis or reason for use?’’
                                                         ‘‘How was the product prepared?’’
                                                         ‘‘What type of water was used to prepare the formula?’’
                                                    For cosmetic products: ...........................................................................................................................................................................      Voluntary.
                                                         ‘‘Do you have existing skin conditions?’’
                                                         ‘‘How soon did symptoms develop after using the product?’’
                                                         ‘‘Did the intensity of the reaction get worse with time?’’
                                                         ‘‘Where did the reaction develop?’’
                                                         ‘‘What treatments were sought for this adverse event?’’
                                                         ‘‘What ingredient do you suspect caused the adverse event?’’
                                                         ‘‘Has the problem resolved?’’
                                                         ‘‘Does the product label contain a warning or caution statement?’’



                                                    IV. Information Collection Burden                                          submitting mandatory or voluntary                                          a 60-day notice requesting public
                                                    Estimate                                                                   adverse event reports electronically to                                    comment on the proposed collection of
                                                                                                                               FDA via the ESG or the SRP regarding                                       information. No comments were
                                                      Description of respondents: The                                          FDA-regulated products.                                                    received.
                                                    respondents to this collection of                                            In the Federal Register of November                                        We estimate the burden of this
                                                    information include all persons                                            18, 2015 (80 FR 72071) FDA published                                       collection of information as follows:

                                                                                                                  TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                Number of                                              Average
                                                                                                                                                      Number of                                           Total annual
                                                                                            Activity                                                                          responses per                                          burden per             Total hours
                                                                                                                                                     respondents                                           responses
                                                                                                                                                                                respondent                                            response

                                                    Voluntary Adverse Event Report via the SRP (Other than                                                        1,786                            1                    1,786       0.6 ...............            1,072
                                                      RFR Reports).                                                                                                                                                                 (36 minutes)
                                                    Mandatory Adverse Event Report via the SRP (Other than                                                           636                            1                      636      1.0 ...............              636
                                                      RFR Reports).
                                                    Mandatory Adverse Event Report via the ESG (Gateway-to-                                               1,864,035                                 1            1,864,035          0.6   ...............      1,118,421
                                                      Gateway transmission).                                                                                                                                                        (36   minutes)
                                                    Mandatory and Voluntary RFR Reports via the SRP ............                                                  1,200                            1                    1,200       0.6   ...............            720
                                                                                                                                                                                                                                    (36   minutes)

                                                          Total ................................................................................   ........................   ........................   ........................   .....................      1,120,849
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The Agency’s estimate of the number                                      reporting, FDA estimates that it will                                      to submit a RFR report, whether the
                                                    of respondents and the total annual                                        take a respondent 0.6 hour to submit a                                     submission is mandatory or voluntary.
                                                    responses in table 3, Estimated Annual                                     voluntary adverse event report via the                                       The burden hours required to
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Reporting Burden, is based primarily on                                    SRP, 1 hour to submit a mandatory                                          complete paper FDA reporting forms
                                                    mandatory and voluntary adverse event                                      adverse event report via the SRP, and                                      (Forms FDA 3500, 3500A, 1932, and
                                                    reports electronically submitted to the                                    0.6 hour to submit a mandatory adverse                                     1932a) are reported under OMB control
                                                    Agency. The estimated total annual                                         event report via the ESG (gateway-to-                                      numbers 0910–0284 and 0910–0291.
                                                    responses are based on initial reports.                                    gateway transmission). Both mandatory                                      While FDA does not charge for the use
                                                    Followup reports, if any, are not                                          and voluntary RFR reports must be                                          of the ESG, FDA requires respondents to
                                                    counted as new reports. Based on its                                       submitted via the SRP. FDA estimates                                       obtain a public key infrastructure
                                                    experience with adverse event                                              that it will take a respondent 0.6 hour                                    certificate in order to set up the account.


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                                                    10256                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                    This can be obtained in-house or                          Dated: February 23, 2016.                           comments, that information will be
                                                    outsourced by purchasing a public key                   Leslie Kux,                                           posted on http://www.regulations.gov.
                                                    certificate that is valid for 1 year to 3               Associate Commissioner for Policy.                      • If you want to submit a comment
                                                    years. The certificate typically costs                  [FR Doc. 2016–04277 Filed 2–26–16; 8:45 am]           with confidential information that you
                                                    from $20 to $30.                                        BILLING CODE 4164–01–P
                                                                                                                                                                  do not wish to be made available to the
                                                      Dated: February 23, 2016.
                                                                                                                                                                  public, submit the comment as a
                                                                                                                                                                  written/paper submission and in the
                                                    Leslie Kux,
                                                                                                            DEPARTMENT OF HEALTH AND                              manner detailed (see ‘‘Written/Paper
                                                    Associate Commissioner for Policy.                                                                            Submissions’’ and ‘‘Instructions’’).
                                                                                                            HUMAN SERVICES
                                                    [FR Doc. 2016–04223 Filed 2–26–16; 8:45 am]
                                                    BILLING CODE 4164–01–P
                                                                                                                                                                  Written/Paper Submissions
                                                                                                            Food and Drug Administration
                                                                                                                                                                     Submit written/paper submissions as
                                                                                                            [Docket No. FDA–2016–N–0586]                          follows:
                                                    DEPARTMENT OF HEALTH AND                                                                                         • Mail/Hand delivery/Courier (for
                                                    HUMAN SERVICES                                          Draft Food and Drug Administration                    written/paper submissions): Division of
                                                                                                            Tribal Consultation Policy; Availability;             Dockets Management (HFA–305), Food
                                                    Food and Drug Administration                            Request for Comments                                  and Drug Administration, 5630 Fishers
                                                    [Docket No. FDA–2015–N–2126]                                                                                  Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                            AGENCY:    Food and Drug Administration,
                                                                                                                                                                     • For written/paper comments
                                                                                                            HHS.
                                                    Agency Information Collection                                                                                 submitted to the Division of Dockets
                                                    Activities; Announcement of Office of                   ACTION:Notice of availability; request                Management, FDA will post your
                                                    Management and Budget Approval;                         for comments.                                         comment, as well as any attachments,
                                                    Food and Drug Administration’s                                                                                except for information submitted,
                                                                                                            SUMMARY:    The Food and Drug
                                                    Research and Evaluation Survey for                                                                            marked and identified, as confidential,
                                                                                                            Administration (FDA or we) is
                                                    the Public Education Campaign on                                                                              if submitted as detailed in
                                                                                                            announcing the availability of the draft
                                                    Tobacco Among LGBT (RESPECT)                                                                                  ‘‘Instructions.’’
                                                                                                            FDA Tribal Consultation Policy. We are                   Instructions: All submissions received
                                                    AGENCY:    Food and Drug Administration,                also announcing the establishment of a                must include the Docket No. FDA–
                                                    HHS.                                                    docket to receive comments on the draft               2016–N–0586 for ‘‘Draft FDA Tribal
                                                    ACTION:   Notice.                                       FDA Tribal Consultation Policy. The                   Consultation Policy; Availability;
                                                                                                            purpose of the FDA Tribal Consultation                Request for Comments.’’ Received
                                                    SUMMARY:    The Food and Drug                           Policy, when finalized, is to establish               comments will be placed in the docket
                                                    Administration (FDA) is announcing                      clear policies to further the government-             and, except for those submitted as
                                                    that a collection of information entitled               to-government relationship between                    ‘‘Confidential Submissions,’’ publicly
                                                    ‘‘Food and Drug Administration’s                        FDA and American Indian and Alaskan                   viewable at http://www.regulations.gov
                                                    Research and Evaluation Survey for the                  Native Tribes (hereafter, Indian Tribes)              or at the Division of Dockets
                                                    Public Education Campaign on Tobacco                    and facilitate tribal consultation with               Management between 9 a.m. and 4 p.m.,
                                                    among LGBT (RESPECT)’’ has been                         FDA. The draft FDA Tribal Consultation                Monday through Friday.
                                                    approved by the Office of Management                    Policy provides background on FDA’s                      • Confidential Submissions—To
                                                    and Budget (OMB) under the Paperwork                    mission and organizational structure                  submit a comment with confidential
                                                    Reduction Act of 1995.                                  and sets out principles and guidelines                information that you do not wish to be
                                                    FOR FURTHER INFORMATION CONTACT: FDA                    for the tribal consultation process.                  made publicly available, submit your
                                                    PRA Staff, Office of Operations, Food                   DATES: Comments must be received on                   comments only as a written/paper
                                                    and Drug Administration, 8455                           or before May 31, 2016.                               submission. You should submit two
                                                    Colesville Rd., COLE–14526, Silver                      ADDRESSES: You may submit comments                    copies total. One copy will include the
                                                    Spring, MD 20993–0002, PRAStaff@                        as follows:                                           information you claim to be confidential
                                                    fda.hhs.gov.                                                                                                  with a heading or cover note that states
                                                                                                            Electronic Submissions                                ‘‘THIS DOCUMENT CONTAINS
                                                    SUPPLEMENTARY INFORMATION: On
                                                    January 26, 2016, the Agency submitted                    Submit electronic comments in the                   CONFIDENTIAL INFORMATION.’’ The
                                                    a proposed collection of information                    following way:                                        Agency will review this copy, including
                                                    entitled ‘‘Food and Drug                                  • Federal eRulemaking Portal: http://               the claimed confidential information, in
                                                    Administration’s Research and                           www.regulations.gov. Follow the                       its consideration of comments. The
                                                    Evaluation Survey for the Public                        instructions for submitting comments.                 second copy, which will have the
                                                    Education Campaign on Tobacco among                     Comments submitted electronically,                    claimed confidential information
                                                    LGBT (RESPECT)’’ to OMB for review                      including attachments, to http://                     redacted/blacked out, will be available
                                                    and clearance under 44 U.S.C. 3507. An                  www.regulations.gov will be posted to                 for public viewing and posted on
                                                    Agency may not conduct or sponsor,                      the docket unchanged. Because your                    http://www.regulations.gov. Submit
                                                    and a person is not required to respond                 comment will be made public, you are                  both copies to the Division of Dockets
                                                    to, a collection of information unless it               solely responsible for ensuring that your             Management. If you do not wish your
                                                    displays a currently valid OMB control                  comment does not include any                          name and contact information to be
                                                    number. OMB has now approved the                        confidential information that you or a                made publicly available, you can
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                                                    information collection and has assigned                 third party may not wish to be posted,                provide this information on the cover
                                                    OMB control number 0910–0808. The                       such as medical information, your or                  sheet and not in the body of your
                                                    approval expires on January 31, 2019. A                 anyone else’s Social Security number, or              comments and you must identify this
                                                    copy of the supporting statement for this               confidential business information, such               information as ‘‘confidential.’’ Any
                                                    information collection is available on                  as a manufacturing process. Please note               information marked as ‘‘confidential’’
                                                    the Internet at http://www.reginfo.gov/                 that if you include your name, contact                will not be disclosed except in
                                                    public/do/PRAMain.                                      information, or other information that                accordance with 21 CFR 10.20 and other
                                                       April 4, 2016                                        identifies you in the body of your                    applicable disclosure law. For more


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Document Created: 2016-02-27 02:05:24
Document Modified: 2016-02-27 02:05:24
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 March 30, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation81 FR 10252 

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