81_FR_15786 81 FR 15729 - Agency Information Collection Activities; Proposed Collection; Submission for Office of Management and Budget Review; Comment Request; Environmental Impact Considerations

81 FR 15729 - Agency Information Collection Activities; Proposed Collection; Submission for Office of Management and Budget Review; Comment Request; Environmental Impact Considerations

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range15729-15732
FR Document2016-06711

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 (the PRA).

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15729-15732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06711]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0961]


Agency Information Collection Activities; Proposed Collection; 
Submission for Office of Management and Budget Review; Comment Request; 
Environmental Impact Considerations

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 (the PRA).

DATES: Fax written comments on the collection of information by April 
25, 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 0910-0322. 
Also include the FDA docket number found in brackets in the heading of 
this document.

[[Page 15730]]


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

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

Environmental Impact Considerations--21 CFR Part 25

OMB Control Number 0910-0322--Extension

    FDA is requesting OMB approval for the reporting requirements 
contained in the FDA collection of information ``Environmental Impact 
Considerations.'' The National Environmental Policy Act (NEPA) (42 
U.S.C. 4321-4347) states national environmental objectives and imposes 
upon each Federal Agency the duty to consider the environmental effects 
of its actions. Section 102(2)(C) of NEPA requires the preparation of 
an environmental impact statement (EIS) for every major Federal action 
that will significantly affect the quality of the human environment.
    FDA's NEPA regulations are in part 25 (21 CFR part 25). All 
applications or petitions requesting Agency action require the 
submission of a claim for categorical exclusion or an environmental 
assessment (EA). A categorical exclusion applies to certain classes of 
FDA-regulated actions that usually have little or no potential to cause 
significant environmental effects and are excluded from the 
requirements to prepare an EA or EIS. Section 25.15(a) and (d) 
specifies the procedures for submitting to FDA a claim for a 
categorical exclusion. Extraordinary circumstances (Sec.  25.21), which 
may result in significant environmental impacts, may exist for some 
actions that are usually categorically excluded. An EA provides 
information that is used to determine whether an FDA action could 
result in a significant environmental impact. Section 25.40(a) and (c) 
specifies the content requirements for EAs for non-excluded actions.
    This collection of information is used by FDA to assess the 
environmental impact of Agency actions and to ensure that the public is 
informed of environmental analyses. Firms wishing to manufacture and 
market substances regulated under statues for which FDA is responsible 
must, in most instances, submit applications requesting approval. 
Environmental information must be included in such applications for the 
purpose of determining whether the proposed action may have a 
significant impact on the environment. Where significant adverse events 
cannot be avoided, the Agency uses the submitted information as the 
basis for preparing and circulating to the public an EIS, made 
available through a Federal Register document also filed for comment at 
the Environmental Protection Agency. The final EIS, including the 
comments received, is reviewed by the Agency to weigh environmental 
costs and benefits in determining whether to pursue the proposed action 
or some alternative that would reduce expected environmental impact.
    Any final EIS would contain additional information gathered by the 
Agency after the publication of the draft EIS, a copy or a summary of 
the comments received on the draft EIS, and the Agency's responses to 
the comments, including any revisions resulting from the comments or 
other information. When the Agency finds that no significant 
environmental effects are expected, the Agency prepares a finding of no 
significant impact.
    In the Federal Register of September 8, 2015 (80 FR 53807), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

Estimated Annual Reporting Burden for Human Drugs (Including Biologics 
in the Center for Drug Evaluation and Research)

    Under Sec. Sec.  312.23(a)(7)(iv)(c), 314.50(d)(1)(iii), and 
314.94(a)(9)(i) (21 CFR 312.23(a)(7)(iv)(c), 314.50(d)(1)(iii), and 
314.94(a)(9)(i), each investigational new drug application (IND), new 
drug application (NDA), and abbreviated new drug application (ANDA) 
must contain a claim for categorical exclusion under Sec.  25.30 or 
Sec.  25.31, or an EA under Sec.  25.40. Annually, FDA receives 
approximately 3,677 INDs from 2,501 sponsors; 120 NDAs from 87 
applicants; 2,718 supplements to NDAs from 399 applicants; 9 biologic 
license applications (BLAs) from 8 applicants; 317 supplements to BLAs 
from 43 applicants; 1,475 ANDAs from 300 applicants; and 5,448 
supplements to ANDAs from 318 applicants. FDA estimates that it 
receives approximately 13,663 claims for categorical exclusions as 
required under Sec.  25.15(a) and (d), and 11 EAs as required under 
Sec.  25.40(a) and (c). Based on information provided by the 
pharmaceutical industry, FDA estimates that it takes sponsors or 
applicants approximately 8 hours to prepare a claim for a categorical 
exclusion and approximately 3,400 hours to prepare an EA.

                         Table 1--Estimated Annual Reporting Burden for Human Drugs \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................           3,416               4          13,664               8         109,312
25.40(a) and (c)................              11               1              11           3,400          37,400
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         146,712
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

Estimated Annual Reporting Burden for Human Foods

    Under 21 CFR 71.1, 171.1, 170.39, and 170.100, food additive 
petitions, color additive petitions, requests from exemption from 
regulation as a food additive, and submission of a food contact 
notification for a food contact substance must contain either a claim 
of categorical exclusion under Sec.  25.30 or Sec.  25.32 or an EA 
under Sec.  25.40. Annually, FDA receives approximately 97 industry 
submissions. FDA received an annual average of 42 claims of categorical 
exclusions as required under Sec.  25.15(a) and (d) and 33 EAs as 
required under Sec.  25.40(a) and (c). FDA estimates that approximately 
42 respondents will submit an average of 1 application for categorical 
exclusion and 33 respondents will submit an average of 1 EA. FDA 
estimates that, on average, it takes petitioners, notifiers, or

[[Page 15731]]

requestors approximately 8 hours to prepare a claim of categorical 
exclusion and approximately 210 hours to prepare an EA.

                                             Table 2--Estimated Annual Reporting Burden for Human Foods \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                           21 CFR section                               Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
25.15(a) and (d)...................................................              42                1               42                8              336
25.40(a) and (c)...................................................              33                1               33              210            6,930
                                                                    ------------------------------------------------------------------------------------
    Total..........................................................  ...............  ...............  ...............  ...............           7,266
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

Estimated Annual Reporting Burden for Medical Devices

    Under Sec.  814.20(b)(11) (21 CFR 814.20(b)(11)), premarket 
approvals (PMAs) (original PMAs and supplements) must contain a claim 
for categorical exclusion under Sec.  25.30 or Sec.  25.34 or an EA 
under Sec.  25.40. In 2012 to 2014, FDA received an average of 39 
claims (original PMAs and supplements) for categorical exclusions as 
required under Sec.  25.15(a) and (d), and 0 EAs as required under 
Sec.  25.40(a) and (c). FDA estimates that approximately 39 respondents 
will submit an average of 1 application for categorical exclusion 
annually. Based on information provided by sponsors, FDA estimates that 
it takes approximately 6 hours to prepare a claim for a categorical 
exclusion.

                       Table 3--Estimated Annual Reporting Burden for Medical Devices \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................              39               1              39               6             234
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

Estimated Annual Reporting Burden for Biological Products, Drugs, and 
Medical Devices in the Center for Biologics Evaluation and Research

    Under 21 CFR 601.2(a), BLAs as well as INDs (Sec.  312.23), NDAs 
(Sec.  314.50), ANDAs (Sec.  314.94), and PMAs (Sec.  814.20) must 
contain either a claim of categorical exclusion under Sec.  25.30 or 
Sec.  25.32 or an EA under Sec.  25.40. Annually, FDA receives 
approximately 34 BLAs from 18 applicants, 801 BLA supplements to 
license applications from 156 applicants, 345 INDs from 256 sponsors, 1 
NDA from 1 applicant, 26 supplements to NDAs from 8 applicants, 1 ANDA 
from 1 applicant, 1 supplement to ANDAs from 1 applicant, 8 PMAs from 3 
applicants, and 33 PMA supplements from 16 applicants. FDA estimates 
that approximately 10 percent of these supplements would be submitted 
with a claim for categorical exclusion or an EA.
    FDA has received approximately 481 claims for categorical exclusion 
as required under Sec.  25.15(a) and (d) annually and 2 EAs as required 
under Sec.  25.40(a) and (c) annually. Therefore, FDA estimates that 
approximately 247 respondents will submit an average of 2 applications 
for categorical exclusion and 2 respondents will submit an average of 1 
EA. Based on information provided by industry, FDA estimates that it 
takes sponsors and applicants approximately 8 hours to prepare a claim 
of categorical exclusion and approximately 3,400 hours to prepare an EA 
for a biological product.

                     Table 4--Estimated Annual Reporting Burden for Biological Products \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................             247               2             494               8           3,952
25.40(a) and (c)................               2               1               2           3,400           6,800
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          10,752
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

Estimated Annual Reporting Burden for Animal Drugs

    Under 21 CFR 514.1(b)(14), new animal drug applications (NADAs) and 
abbreviated new animal drug applications (ANADAs); 21 CFR 514.8(a)(1) 
supplemental NADAs and ANADAs; 21 CFR 511.1(b)(10) investigational new 
animal drug applications (INADs), and 21 CFR 571.1(c) food additive 
petitions must contain a claim for categorical exclusion under Sec.  
25.30 or Sec.  25.33 or an EA under Sec.  25.40. Annually, FDA's Center 
for Veterinary Medicine has received approximately 698 claims for 
categorical exclusion as required under Sec.  25.15(a) and (d), and 10 
EAs as required under Sec.  25.40(a) and (c). FDA estimates that 
approximately 70 respondents will submit an average of 10 applications 
for categorical exclusion and 10 respondents will submit an average of 
1 EA. FDA estimates that it takes sponsors/applicants approximately 3 
hours to prepare a claim of categorical

[[Page 15732]]

exclusion and an average of 2,160 hours to prepare an EA.

                         Table 5--Estimated Annual Reporting Burden for Animal Drugs \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
25.15(a) and (d)................              70              10             700               3           2,100
25.40(a) and (c)................              10               1              10           2,160          21,600
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          23,700
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

Estimated Annual Reporting Burden for Tobacco Products

    Under sections 905, 910, and 911 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 387e, 387j, and 387k), product applications and 
supplements (PMTAs), SEs, Exemption from SEs, and modified risk tobacco 
products must contain a claim for categorical exclusion or an EA. In 
2015, FDA estimated it will receive approximately 5 premarket reviews 
of new tobacco PMTAs from 5 respondents, 509 reports intended to 
demonstrate the substantial equivalence of a new tobacco product (SEs) 
from 509 respondents, 15 exemptions from substantial equivalence 
requirements applications (SE Exemptions) from 15 respondents, and 3 
modified risk tobacco product applications (MRTPAs) from 3 respondents. 
FDA is not accepting claims for categorical exclusions at this time, 
and estimates that there will be 532 EAs from 532 respondents as 
required under Sec. Sec.  25.40(a) and (c). Therefore, over the next 3 
years, FDA estimates that approximately 532 respondents will submit an 
average of 1 application for environmental assessment. Part of the 
information in the EA will be developed while writing other parts of a 
PMTA, SE, Exemption from SE, or MRTPA. Based on FDA's experience, 
previous information provided by potential sponsors and knowledge that 
part of the EA information has already been produced in one of the 
tobacco product applications, FDA estimates that it takes approximately 
80 hours to prepare an EA.

                                           Table 6--Estimated Annual Reporting Burden for Tobacco Products \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                           21 CFR section                               Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
25.40(a) and (c)...................................................             532                1              532               80           42,560
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: March 18, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-06711 Filed 3-23-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices                                                  15729

                                                    Drug Administration, 10903 New                          Act to a legally marketed device that                 IV. Reference
                                                    Hampshire Ave., Bldg. 66, Rm. 4552,                     does not require premarket approval.                     The following reference is on display
                                                    Silver Spring, MD 20993–0002, 301–                         On November 21, 1997, the President                in the Division of Dockets Management
                                                    796–8774, anahita.loloeimarsal@                         signed into law FDAMA (Pub. L. 105–                   (see ADDRESSES) and is available for
                                                    fda.hhs.gov.                                            115). Section 206 of FDAMA, in part,                  viewing by interested persons between
                                                                                                            added a new section, 510(m), to the                   9 a.m. and 4 p.m., Monday through
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            FD&C Act. Section 510(m)(1) of the                    Friday; it is also available electronically
                                                    I. Statutory Background                                 FD&C Act requires FDA, within 60 days                 at http://www.regulations.gov. FDA has
                                                                                                            after enactment of FDAMA, to publish                  verified the Web site address, as of the
                                                       Under section 513 of the Federal                     in the Federal Register a list of each                date this document publishes in the
                                                    Food, Drug, and Cosmetic Act (the                       type of class II device that does not                 Federal Register, but Web sites are
                                                    FD&C Act) (21 U.S.C. 360c), FDA must                    require a report under section 510(k) of              subject to change over time.
                                                    classify devices into one of three                      the FD&C Act to provide reasonable
                                                    regulatory classes: Class I, class II, or                                                                     1. ‘‘Procedures for Class II Device
                                                                                                            assurance of safety and effectiveness.                      Exemptions from Premarket Notification,
                                                    class III. FDA classification of a device               Section 510(m) of the FD&C Act further                      Guidance for Industry and CDRH Staff,’’
                                                    is determined by the amount of                          provides that a 510(k) will no longer be                    February 1998, available at http://
                                                    regulation necessary to provide a                       required for these devices upon the date                    www.fda.gov/downloads/
                                                    reasonable assurance of safety and                      of publication of the list in the Federal                   MedicalDevices/
                                                    effectiveness. Under the Medical Device                 Register. FDA published that list in the                    DeviceRegulationandGuidance/
                                                    Amendments of 1976 (1976                                Federal Register of January 21, 1998 (63                    GuidanceDocuments/UCM080199.pdf.
                                                    amendments) (Pub. L. 94–295), as                        FR 3142).                                               Dated: March 17, 2016.
                                                    amended by the Safe Medical Devices                        Section 510(m)(2) of the FD&C Act                  Leslie Kux,
                                                    Act of 1990 (Pub. L. 101–629), devices                  provides that 1 day after date of                     Associate Commissioner for Policy.
                                                    are to be classified into class I (general              publication of the list under section                 [FR Doc. 2016–06709 Filed 3–23–16; 8:45 am]
                                                    controls) if there is information showing               510(m)(1), FDA may exempt a device on
                                                    that the general controls of the FD&C                                                                         BILLING CODE 4164–01–P
                                                                                                            its own initiative or upon petition of an
                                                    Act are sufficient to assure safety and                 interested person if FDA determines
                                                    effectiveness; into class II (special                   that a 510(k) is not necessary to provide             DEPARTMENT OF HEALTH AND
                                                    controls) if general controls, by                       reasonable assurance of the safety and                HUMAN SERVICES
                                                    themselves, are insufficient to provide                 effectiveness of the device. This section
                                                    reasonable assurance of safety and                      requires FDA to publish in the Federal                Food and Drug Administration
                                                    effectiveness, but there is sufficient                  Register a notice of intent to exempt a
                                                    information to establish special controls                                                                     [Docket No. FDA–2012–N–0961]
                                                                                                            device, or of the petition, and to provide
                                                    to provide such assurance; and into                     a 30-day comment period. Within 120
                                                    class III (premarket approval) if there is                                                                    Agency Information Collection
                                                                                                            days of publication of this document,                 Activities; Proposed Collection;
                                                    insufficient information to support                     FDA must publish in the Federal
                                                    classifying a device into class I or class                                                                    Submission for Office of Management
                                                                                                            Register its final determination                      and Budget Review; Comment
                                                    II and the device is a life sustaining or               regarding the exemption of the device
                                                    life supporting device, or is for a use                                                                       Request; Environmental Impact
                                                                                                            that was the subject of the notice. If FDA            Considerations
                                                    which is of substantial importance in                   fails to respond to a petition under this
                                                    preventing impairment of human health                   section within 180 days of receiving it,              AGENCY:   Food and Drug Administration,
                                                    or presents a potential unreasonable risk               the petition shall be deemed granted.                 HHS.
                                                    of illness or injury.                                                                                         ACTION:   Notice.
                                                                                                            II. Criteria for Exemption
                                                       Most generic types of devices that
                                                    were on the market before the date of                      There are a number of factors FDA                  SUMMARY:   The Food and Drug
                                                    the 1976 amendments (May 28, 1976)                      may consider to determine whether a                   Administration (FDA) is announcing
                                                    (generally referred to as preamendments                 510(k) is necessary to provide                        that a proposed collection of
                                                    devices) have been classified by FDA                    reasonable assurance of the safety and                information has been submitted to the
                                                    under the procedures set forth in section               effectiveness of a class II device. These             Office of Management and Budget
                                                    513(c) and (d) of the FD&C Act through                  factors are discussed in the guidance the             (OMB) for review and clearance under
                                                    the issuance of classification regulations              Agency issued on February 19, 1998,                   the Paperwork Reduction Act of 1995
                                                    into one of these three regulatory                      entitled ‘‘Procedures for Class II Device             (the PRA).
                                                    classes. Devices introduced into                        Exemptions from Premarket                             DATES: Fax written comments on the
                                                    interstate commerce for the first time on               Notification, Guidance for Industry and               collection of information by April 25,
                                                    or after May 28, 1976 (generally referred               CDRH Staff’’ (Ref. 1).                                2016.
                                                    to as postamendments devices), are                                                                            ADDRESSES: To ensure that comments on
                                                                                                            III. Proposed Class II Device
                                                    classified through the premarket                                                                              the information collection are received,
                                                                                                            Exemptions
                                                    notification process under section                                                                            OMB recommends that written
                                                    510(k) of the FD&C Act (21 U.S.C.                         FDA has received the following                      comments be faxed to the Office of
                                                    360(k)). Section 510(k) of the FD&C Act                 petition requesting an exemption from                 Information and Regulatory Affairs,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and the implementing regulations, 21                    premarket notification for a class II                 OMB, Attn: FDA Desk Officer, FAX:
                                                    CFR part 807, require persons who                       device: Evelyn Mirza, Biorex Labs, LLC,               202–395–7285, or emailed to oira_
                                                    intend to market a new device to submit                 194 E. Wallings Rd., Suite 201,                       submission@omb.eop.gov. All
                                                    a premarket notification (510(k))                       Broadview Heights, OH 44147 for its                   comments should be identified with the
                                                    containing information that allows FDA                  method, metallic reduction, glucose                   OMB control number 0910–0322. Also
                                                    to determine whether the new device is                  (urinary, non-quantitative) test system               include the FDA docket number found
                                                    ‘‘substantially equivalent’’ within the                 in a reagent tablet format classified                 in brackets in the heading of this
                                                    meaning of section 513(i) of the FD&C                   under 21 CFR 862.1340.                                document.


                                               VerDate Sep<11>2014   17:44 Mar 23, 2016   Jkt 238001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\24MRN1.SGM   24MRN1


                                                    15730                                   Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices

                                                    FOR FURTHER INFORMATION CONTACT:    FDA                                    circumstances (§ 25.21), which may                                          information. When the Agency finds
                                                    PRA Staff, Office of Operations, Food                                      result in significant environmental                                         that no significant environmental effects
                                                    and Drug Administration, 8455                                              impacts, may exist for some actions that                                    are expected, the Agency prepares a
                                                    Colesville Rd., COLE–14526, Silver                                         are usually categorically excluded. An                                      finding of no significant impact.
                                                    Spring, MD 20993–0002, PRAStaff@                                           EA provides information that is used to                                        In the Federal Register of September
                                                    fda.hhs.gov.                                                               determine whether an FDA action could                                       8, 2015 (80 FR 53807), FDA published
                                                    SUPPLEMENTARY INFORMATION: In                                              result in a significant environmental                                       a 60-day notice requesting public
                                                    compliance with 44 U.S.C. 3507, FDA                                        impact. Section 25.40(a) and (c)                                            comment on the proposed collection of
                                                    has submitted the following proposed                                       specifies the content requirements for                                      information. No comments were
                                                    collection of information to OMB for                                       EAs for non-excluded actions.                                               received.
                                                    review and clearance.                                                         This collection of information is used                                      FDA estimates the burden of this
                                                                                                                               by FDA to assess the environmental                                          collection of information as follows:
                                                    Environmental Impact                                                       impact of Agency actions and to ensure
                                                    Considerations—21 CFR Part 25                                              that the public is informed of                                              Estimated Annual Reporting Burden for
                                                                                                                               environmental analyses. Firms wishing                                       Human Drugs (Including Biologics in
                                                    OMB Control Number 0910–0322—
                                                                                                                               to manufacture and market substances                                        the Center for Drug Evaluation and
                                                    Extension
                                                                                                                               regulated under statues for which FDA                                       Research)
                                                       FDA is requesting OMB approval for
                                                    the reporting requirements contained in                                    is responsible must, in most instances,                                        Under §§ 312.23(a)(7)(iv)(c),
                                                    the FDA collection of information                                          submit applications requesting                                              314.50(d)(1)(iii), and 314.94(a)(9)(i) (21
                                                    ‘‘Environmental Impact                                                     approval. Environmental information                                         CFR 312.23(a)(7)(iv)(c), 314.50(d)(1)(iii),
                                                    Considerations.’’ The National                                             must be included in such applications                                       and 314.94(a)(9)(i), each investigational
                                                    Environmental Policy Act (NEPA) (42                                        for the purpose of determining whether                                      new drug application (IND), new drug
                                                    U.S.C. 4321–4347) states national                                          the proposed action may have a                                              application (NDA), and abbreviated new
                                                    environmental objectives and imposes                                       significant impact on the environment.                                      drug application (ANDA) must contain
                                                    upon each Federal Agency the duty to                                       Where significant adverse events cannot                                     a claim for categorical exclusion under
                                                    consider the environmental effects of its                                  be avoided, the Agency uses the                                             § 25.30 or § 25.31, or an EA under
                                                    actions. Section 102(2)(C) of NEPA                                         submitted information as the basis for                                      § 25.40. Annually, FDA receives
                                                    requires the preparation of an                                             preparing and circulating to the public                                     approximately 3,677 INDs from 2,501
                                                    environmental impact statement (EIS)                                       an EIS, made available through a                                            sponsors; 120 NDAs from 87 applicants;
                                                    for every major Federal action that will                                   Federal Register document also filed for                                    2,718 supplements to NDAs from 399
                                                    significantly affect the quality of the                                    comment at the Environmental                                                applicants; 9 biologic license
                                                    human environment.                                                         Protection Agency. The final EIS,                                           applications (BLAs) from 8 applicants;
                                                       FDA’s NEPA regulations are in part 25                                   including the comments received, is                                         317 supplements to BLAs from 43
                                                    (21 CFR part 25). All applications or                                      reviewed by the Agency to weigh                                             applicants; 1,475 ANDAs from 300
                                                    petitions requesting Agency action                                         environmental costs and benefits in                                         applicants; and 5,448 supplements to
                                                    require the submission of a claim for                                      determining whether to pursue the                                           ANDAs from 318 applicants. FDA
                                                    categorical exclusion or an                                                proposed action or some alternative that                                    estimates that it receives approximately
                                                    environmental assessment (EA). A                                           would reduce expected environmental                                         13,663 claims for categorical exclusions
                                                    categorical exclusion applies to certain                                   impact.                                                                     as required under § 25.15(a) and (d), and
                                                    classes of FDA-regulated actions that                                         Any final EIS would contain                                              11 EAs as required under § 25.40(a) and
                                                    usually have little or no potential to                                     additional information gathered by the                                      (c). Based on information provided by
                                                    cause significant environmental effects                                    Agency after the publication of the draft                                   the pharmaceutical industry, FDA
                                                    and are excluded from the requirements                                     EIS, a copy or a summary of the                                             estimates that it takes sponsors or
                                                    to prepare an EA or EIS. Section                                           comments received on the draft EIS, and                                     applicants approximately 8 hours to
                                                    25.15(a) and (d) specifies the procedures                                  the Agency’s responses to the                                               prepare a claim for a categorical
                                                    for submitting to FDA a claim for a                                        comments, including any revisions                                           exclusion and approximately 3,400
                                                    categorical exclusion. Extraordinary                                       resulting from the comments or other                                        hours to prepare an EA.

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

                                                    25.15(a) and (d) ...................................................................                        3,416                            4                  13,664                           8           109,312
                                                    25.40(a) and (c) ...................................................................                           11                            1                      11                       3,400            37,400

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................       146,712
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Estimated Annual Reporting Burden for                                      contact notification for a food contact                                     § 25.15(a) and (d) and 33 EAs as
                                                    Human Foods                                                                substance must contain either a claim of                                    required under § 25.40(a) and (c). FDA
                                                                                                                               categorical exclusion under § 25.30 or                                      estimates that approximately 42
                                                      Under 21 CFR 71.1, 171.1, 170.39, and                                    § 25.32 or an EA under § 25.40.                                             respondents will submit an average of 1
                                                    170.100, food additive petitions, color                                    Annually, FDA receives approximately                                        application for categorical exclusion
                                                    additive petitions, requests from                                          97 industry submissions. FDA received                                       and 33 respondents will submit an
                                                    exemption from regulation as a food                                        an annual average of 42 claims of                                           average of 1 EA. FDA estimates that, on
                                                    additive, and submission of a food                                         categorical exclusions as required under                                    average, it takes petitioners, notifiers, or


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                                                                                            Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices                                                                                              15731

                                                    requestors approximately 8 hours to                                        and approximately 210 hours to prepare
                                                    prepare a claim of categorical exclusion                                   an EA.

                                                                                               TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN FOODS 1
                                                                                                                                                                              Number of                                                Average
                                                                                                                                                   Number of                                            Total annual
                                                                                    21 CFR section                                                                          responses per                                            burden per              Total hours
                                                                                                                                                  respondents                                            responses
                                                                                                                                                                              respondent                                              response

                                                    25.15(a) and (d) ...................................................................                  42                          1                         42                         8                    336
                                                    25.40(a) and (c) ...................................................................                  33                          1                         33                        210                  6,930

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................     7,266
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Estimated Annual Reporting Burden for                                      § 25.34 or an EA under § 25.40. In 2012                                     39 respondents will submit an average
                                                    Medical Devices                                                            to 2014, FDA received an average of 39                                      of 1 application for categorical
                                                      Under § 814.20(b)(11) (21 CFR                                            claims (original PMAs and                                                   exclusion annually. Based on
                                                    814.20(b)(11)), premarket approvals                                        supplements) for categorical exclusions                                     information provided by sponsors, FDA
                                                    (PMAs) (original PMAs and                                                  as required under § 25.15(a) and (d), and                                   estimates that it takes approximately 6
                                                    supplements) must contain a claim for                                      0 EAs as required under § 25.40(a) and                                      hours to prepare a claim for a
                                                    categorical exclusion under § 25.30 or                                     (c). FDA estimates that approximately                                       categorical exclusion.

                                                                                            TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN FOR MEDICAL DEVICES 1
                                                                                                                                                                              Number of                                                Average
                                                                                                                                                   Number of                                            Total annual
                                                                                    21 CFR section                                                                          responses per                                            burden per              Total hours
                                                                                                                                                  respondents                                            responses
                                                                                                                                                                              respondent                                              response

                                                    25.15(a) and (d) ...................................................................                             39                          1                         39                           6              234
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Estimated Annual Reporting Burden for                                      from 156 applicants, 345 INDs from 256                                      annually and 2 EAs as required under
                                                    Biological Products, Drugs, and Medical                                    sponsors, 1 NDA from 1 applicant, 26                                        § 25.40(a) and (c) annually. Therefore,
                                                    Devices in the Center for Biologics                                        supplements to NDAs from 8 applicants,                                      FDA estimates that approximately 247
                                                    Evaluation and Research                                                    1 ANDA from 1 applicant, 1 supplement                                       respondents will submit an average of 2
                                                                                                                               to ANDAs from 1 applicant, 8 PMAs                                           applications for categorical exclusion
                                                      Under 21 CFR 601.2(a), BLAs as well                                      from 3 applicants, and 33 PMA                                               and 2 respondents will submit an
                                                    as INDs (§ 312.23), NDAs (§ 314.50),                                       supplements from 16 applicants. FDA                                         average of 1 EA. Based on information
                                                    ANDAs (§ 314.94), and PMAs (§ 814.20)                                      estimates that approximately 10 percent                                     provided by industry, FDA estimates
                                                    must contain either a claim of                                             of these supplements would be                                               that it takes sponsors and applicants
                                                    categorical exclusion under § 25.30 or                                     submitted with a claim for categorical
                                                    § 25.32 or an EA under § 25.40.                                                                                                                        approximately 8 hours to prepare a
                                                                                                                               exclusion or an EA.
                                                    Annually, FDA receives approximately                                         FDA has received approximately 481                                        claim of categorical exclusion and
                                                    34 BLAs from 18 applicants, 801 BLA                                        claims for categorical exclusion as                                         approximately 3,400 hours to prepare an
                                                    supplements to license applications                                        required under § 25.15(a) and (d)                                           EA for a biological product.

                                                                                        TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICAL PRODUCTS 1
                                                                                                                                                                              Number of                                                Average
                                                                                                                                                   Number of                                            Total annual
                                                                                    21 CFR section                                                                          responses per                                            burden per              Total hours
                                                                                                                                                  respondents                                            responses
                                                                                                                                                                              respondent                                              response

                                                    25.15(a) and (d) ...................................................................                           247                            2                      494                         8              3,952
                                                    25.40(a) and (c) ...................................................................                             2                            1                        2                     3,400              6,800

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................         10,752
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Estimated Annual Reporting Burden for                                      investigational new animal drug                                             and (d), and 10 EAs as required under
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                                                    Animal Drugs                                                               applications (INADs), and 21 CFR                                            § 25.40(a) and (c). FDA estimates that
                                                                                                                               571.1(c) food additive petitions must                                       approximately 70 respondents will
                                                      Under 21 CFR 514.1(b)(14), new                                           contain a claim for categorical exclusion                                   submit an average of 10 applications for
                                                    animal drug applications (NADAs) and                                       under § 25.30 or § 25.33 or an EA under                                     categorical exclusion and 10
                                                    abbreviated new animal drug                                                § 25.40. Annually, FDA’s Center for                                         respondents will submit an average of 1
                                                    applications (ANADAs); 21 CFR                                              Veterinary Medicine has received                                            EA. FDA estimates that it takes
                                                    514.8(a)(1) supplemental NADAs and                                         approximately 698 claims for categorical                                    sponsors/applicants approximately 3
                                                    ANADAs; 21 CFR 511.1(b)(10)                                                exclusion as required under § 25.15(a)                                      hours to prepare a claim of categorical


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                                                    15732                                   Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices

                                                    exclusion and an average of 2,160 hours
                                                    to prepare an EA.

                                                                                               TABLE 5—ESTIMATED ANNUAL REPORTING BURDEN FOR ANIMAL DRUGS 1
                                                                                                                                                                              Number of                                                Average
                                                                                                                                                   Number of                                            Total annual
                                                                                    21 CFR section                                                                          responses per                                            burden per              Total hours
                                                                                                                                                  respondents                                            responses
                                                                                                                                                                              respondent                                              response

                                                    25.15(a) and (d) ...................................................................                             70                         10                       700                         3              2,100
                                                    25.40(a) and (c) ...................................................................                             10                          1                        10                     2,160             21,600

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................         23,700
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    Estimated Annual Reporting Burden for                                      demonstrate the substantial equivalence                                     approximately 532 respondents will
                                                    Tobacco Products                                                           of a new tobacco product (SEs) from 509                                     submit an average of 1 application for
                                                                                                                               respondents, 15 exemptions from                                             environmental assessment. Part of the
                                                      Under sections 905, 910, and 911 of                                      substantial equivalence requirements                                        information in the EA will be developed
                                                    the Federal Food, Drug, and Cosmetic                                       applications (SE Exemptions) from 15                                        while writing other parts of a PMTA,
                                                    Act (21 U.S.C. 387e, 387j, and 387k),                                      respondents, and 3 modified risk                                            SE, Exemption from SE, or MRTPA.
                                                    product applications and supplements                                       tobacco product applications (MRTPAs)                                       Based on FDA’s experience, previous
                                                    (PMTAs), SEs, Exemption from SEs, and                                      from 3 respondents. FDA is not                                              information provided by potential
                                                    modified risk tobacco products must                                        accepting claims for categorical                                            sponsors and knowledge that part of the
                                                    contain a claim for categorical exclusion                                  exclusions at this time, and estimates                                      EA information has already been
                                                    or an EA. In 2015, FDA estimated it will                                   that there will be 532 EAs from 532                                         produced in one of the tobacco product
                                                    receive approximately 5 premarket                                          respondents as required under                                               applications, FDA estimates that it takes
                                                    reviews of new tobacco PMTAs from 5                                        §§ 25.40(a) and (c). Therefore, over the                                    approximately 80 hours to prepare an
                                                    respondents, 509 reports intended to                                       next 3 years, FDA estimates that                                            EA.

                                                                                          TABLE 6—ESTIMATED ANNUAL REPORTING BURDEN FOR TOBACCO PRODUCTS 1
                                                                                                                                                                              Number of                                                Average
                                                                                                                                                   Number of                                            Total annual
                                                                                    21 CFR section                                                                          responses per                                            burden per              Total hours
                                                                                                                                                  respondents                                            responses
                                                                                                                                                                              respondent                                              response

                                                    25.40(a) and (c) ...................................................................                 532                          1                        532                         80                  42,560
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: March 18, 2016.                                                   Management and Budget (OMB) for                                                Abstract: Office of Minority Health
                                                    Leslie Kux,                                                                review and approval. The ICR is for                                         (OMH) in the Office of the Assistant
                                                    Associate Commissioner for Policy.                                         renewal of the approved information                                         Secretary for Health (OASH), Office of
                                                    [FR Doc. 2016–06711 Filed 3–23–16; 8:45 am]                                collection assigned OMB control                                             the Secretary (OS) is requesting
                                                    BILLING CODE 4164–01–P
                                                                                                                               number 0990–0406, scheduled to expire                                       approval for an extension from the
                                                                                                                               on April 30, 2016. Comments submitted                                       Office of Management and Budget
                                                                                                                               during the first public review of this ICR                                  (OMB) for a previously approved data
                                                    DEPARTMENT OF HEALTH AND                                                   will be provided to OMB. OMB will                                           collection activity for the Evaluation of
                                                    HUMAN SERVICES                                                             accept further comments from the                                            the National Partnership for Action to
                                                                                                                               public on this ICR during the review                                        End Health Disparities (NPA). The NPA
                                                    Office of the Secretary                                                    and approval period.                                                        was officially launched in April 2011 to
                                                                                                                               DATES: Comments on the ICR must be                                          mobilize a nationwide, comprehensive,
                                                    [Document Identifier: HHS–OS–0990–0406                                                                                                                 community-driven, and sustained
                                                                                                                               received on or before April 25, 2016.
                                                    30D]                                                                                                                                                   approach to combating health
                                                                                                                               ADDRESSES: Submit your comments to
                                                                                                                                                                                                           disparities and to move the nation
                                                    Agency Information Collection                                              OIRA_submission@omb.eop.gov or via
                                                                                                                                                                                                           toward achieving health equity. Using
                                                    Activities; Submission to OMB for                                          facsimile to (202) 395–5806.
                                                                                                                                                                                                           an approach that vests those at the front
                                                    Review and Approval; Public Comment                                        FOR FURTHER INFORMATION CONTACT:                                            line with the responsibility of
                                                    Request                                                                    Information Collection Clearance staff,                                     identifying and helping to shape core
                                                    AGENCY:      Office of the Secretary, HHS.                                 Information.CollectionClearance@                                            actions, new approaches and new
                                                                                                                               hhs.gov or (202) 690–6162.                                                  partnerships are being established to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ACTION:      Notice.
                                                                                                                               SUPPLEMENTARY INFORMATION: When                                             help close the health gap in the United
                                                    SUMMARY:   In compliance with section                                      submitting comments or requesting                                           States.
                                                    3507(a)(1)(D) of the Paperwork                                             information, please include the OMB                                            OMH proposes to continue to conduct
                                                    Reduction Act of 1995, the Office of the                                   control number 0990–0406 for                                                the evaluation of the NPA. The
                                                    Secretary (OS), Department of Health                                       reference.                                                                  evaluation’s goal is to determine the
                                                    and Human Services, has submitted an                                         Information Collection Request Title:                                     extent to which the NPA has
                                                    Information Collection Request (ICR),                                      Evaluation of the National Partnership                                      contributed to the elimination of health
                                                    described below, to the Office of                                          for Action to End Health Disparities                                        disparities and attainment of health


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Document Created: 2016-03-24 00:57:29
Document Modified: 2016-03-24 00:57:29
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 April 25, 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 15729 

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