81_FR_35473 81 FR 35367 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Nonproprietary Naming of Biological Products

81 FR 35367 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Nonproprietary Naming of Biological Products

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 106 (June 2, 2016)

Page Range35367-35368
FR Document2016-12885

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 106 (Thursday, June 2, 2016)
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35367-35368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12885]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-1543]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for Industry 
on Nonproprietary Naming of Biological Products

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 July 5, 
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-NEW and 
title ``Nonproprietary Naming of Biological Products.'' 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: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Guidance for Industry on Nonproprietary Naming of Biological Products 
OMB Control Number 0910-NEW

    The guidance entitled ``Guidance for Industry on Nonproprietary 
Naming of Biological Products'' describes FDA's current thinking on the 
need for biological products licensed under the Public Health Service 
Act (PHS Act) to bear a nonproprietary name that includes an FDA-
designated suffix. There is a need to clearly identify biological 
products to facilitate pharmacovigilance and, for the purposes of safe 
use, to minimize inadvertent substitution. Accordingly, for biological 
products licensed under the PHS Act, FDA intends to designate a 
nonproprietary name that includes a core name and a distinguishing 
suffix. This naming convention is applicable to biological products 
previously licensed and newly licensed under section 351(a) or 351(k) 
of the PHS Act (42 U.S.C. 262(a) or 262(k)).
    The guidance includes information collection by requesting that 
applicants propose a suffix composed of four lowercase letters for use 
as the distinguishing identifier included in the proper name designated 
by FDA at the time of licensure for biological products licensed under 
the PHS Act. The suffix will be incorporated in the nonproprietary name 
of the product. The guidance recommends that applicants should submit 
up to 10 proposed suffixes, in the order of the applicant's preference. 
We also recommend including supporting analyses demonstrating that the 
proposed suffixes meet the factors described in the guidance for FDA's 
consideration.
    As indicated in table 1, we estimate that we will receive a total 
of 40 requests annually for the proposed proper name for biological 
products submitted under section 351(a) of the PHS Act, and 6 requests 
annually for the proposed proper name for biosimilar products and 
interchangeable products submitted under section 351(k) of the PHS Act. 
The average burden per response (hours) is based on our experience with 
similar information collection requirements for applicants to create 
and submit suffix proposals to FDA and in consideration of comments 
received in response to our 60-day notice.
    In the Federal Register of August 28, 2015 (80 FR 52296), we 
published a 60-day notice requesting public comment on the proposed 
collection of information. Most comments supported our proposal to 
designate a suffix. Many comments suggested that a meaningful, 
distinguishable suffix may help to improve pharmacovigilance, enhance 
safety, and facilitate identification between biological products. Some 
comments supported use of a random suffix to avoid creating an unfair 
advantage for specific manufacturers. Several comments stated that the 
current practices of FDA and non-FDA entities for identifying 
biosimilar and interchangeable products is sufficient for the purpose 
of pharmacovigilance, and designation of a suffix is not needed. One 
comment stated that FDA's estimate of 6 hours to submit proposed 
suffixes is based only on the time needed to prepare the submission 
itself after the multiple suffixes have been selected. The comment 
further stated that because FDA suggests that each respondent submit 
three suggested suffixes for consideration, the time needed to do an 
analysis of each suffix would exceed 720 hours per suffix (based on 
their own company experience) or 2,160 hours total for the three 
suffixes.
    In response to the comments we note that our estimated annual 
reporting burden results from information that would be submitted to us 
by applicants in order to facilitate Agency designation of a suffix as 
part of the proper name of a biological product. We estimated that 
sponsors would spend 2 hours completing the submission for each of the 
three suffixes, resulting in 6 hours as the average burden. This 
estimate is an annualized figure based on the average number of 
responses per respondent and the average burden per response over a 3-
year period. We understand that there is a certain amount of research 
and other costs that an applicant might encounter in analyzing any 
proposed name for a biological product. We also recognize that the 
burden may be higher for some applicants and lower for other applicants 
based on a variety of factors specific to the applicant.
    The comment suggesting that it will take 720 hours to complete an 
analysis

[[Page 35368]]

and submission for each suffix does not provide a basis by which the 
estimate was calculated or whether it is broadly applicable. We find 
this figure rather high and retain our original estimate of 6 hours. 
The latter figure is based on our familiarity with the average amount 
of time required by similar submissions to FDA. At the same time, the 
comment also suggested that we failed to adequately account for the 
time spent on creating proposed suffixes. In consideration, therefore, 
we have revised our estimate upward to account for burden associated 
with creating and submitting up to 10 proposed suffixes for 
designation, as reflected in table 1.
    FDA estimates the information collection burden as follows:
    Description of Respondents: Respondents to the collection are 
sponsors of biological product applications.

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Information for the Proposed                  20               2              40             420          16,800
 Proper Name for Biological
 Products Submitted Under
 Section 351(a) of the PHS Act..
Information for the Proposed                   3               2               6             420           2,520
 Proper Name for Biosimilar
 Products and Interchangeable
 Products Submitted Under
 Section 351(k) of the PHS Act..
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          19,320
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The guidance also refers to previously approved collections of 
information found in FDA regulations. The collections of information 
for the submission of a biologics license application (BLA) and changes 
(supplements) to an approved application under 21 CFR part 601 have 
been approved under OMB control number 0910-0338. The collections of 
information for the submission of a BLA under section 351(k) of the PHS 
Act (biosimilar products and interchangeable products) have been 
approved under OMB control number 0910-0719.

    Dated: May 26, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-12885 Filed 6-1-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                   Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices                                           35367

                                                    Medicine (IOM) Report,’’ Washington DC:                 Biological Products.’’ Also include the                submitted under section 351(k) of the
                                                    The National Academies Press (2013).                    FDA docket number found in brackets                    PHS Act. The average burden per
                                                      3. Strom, B. L., C. A. M. Anderson, and J.            in the heading of this document.                       response (hours) is based on our
                                                    H. Ix. ‘‘Sodium Reduction in Populations:                                                                      experience with similar information
                                                    Insights From the Institute of Medicine                 FOR FURTHER INFORMATION CONTACT: FDA
                                                    Committee.’’ Journal of the American                    PRA Staff, Office of Operations, Food                  collection requirements for applicants to
                                                    Medical Association. July 3, 2013; 310(1): 31–          and Drug Administration, 8455                          create and submit suffix proposals to
                                                    32.                                                     Colesville Rd., COLE–14526, Silver                     FDA and in consideration of comments
                                                      4. ‘‘Scientific Report of the 2015 Dietary            Spring, MD 20993–0002, PRAStaff@                       received in response to our 60-day
                                                    Guidelines Advisory Committee,’’ Part B,                fda.hhs.gov.                                           notice.
                                                    Chapter 6. http://www.health.gov/                                                                                 In the Federal Register of August 28,
                                                    dietaryguidelines/2015-scientific-report/.              SUPPLEMENTARY INFORMATION: In                          2015 (80 FR 52296), we published a 60-
                                                    Accessed March 9, 2015.                                 compliance with 44 U.S.C. 3507, FDA                    day notice requesting public comment
                                                      5. Coxson, P. G., N. R. Cook, M. Joffres, Y.          has submitted the following proposed                   on the proposed collection of
                                                    Hong, et al. ‘‘Mortality Benefits From U.S.             collection of information to OMB for                   information. Most comments supported
                                                    Population-Wide Reduction in Sodium                     review and clearance.                                  our proposal to designate a suffix. Many
                                                    Consumption.’’ Hypertension. March 2013;
                                                    61:564–570.                                             Guidance for Industry on                               comments suggested that a meaningful,
                                                      6. Mattes, R. D. and D. Donnelly. ‘‘Relative          Nonproprietary Naming of Biological                    distinguishable suffix may help to
                                                    Constitutions of Dietary Sodium Sources.’’              Products OMB Control Number 0910–                      improve pharmacovigilance, enhance
                                                    Journal of the American College of Nutrition.           NEW                                                    safety, and facilitate identification
                                                    August 1991;10(4):383–93.                                                                                      between biological products. Some
                                                      7. FDA. ‘‘Memo: Target Development                       The guidance entitled ‘‘Guidance for                comments supported use of a random
                                                    Example: Supplementary Memorandum to                    Industry on Nonproprietary Naming of                   suffix to avoid creating an unfair
                                                    the Draft Guidance (2016).’’                            Biological Products’’ describes FDA’s                  advantage for specific manufacturers.
                                                                                                            current thinking on the need for                       Several comments stated that the
                                                      Dated: May 27, 2016.
                                                                                                            biological products licensed under the                 current practices of FDA and non-FDA
                                                    Leslie Kux,
                                                                                                            Public Health Service Act (PHS Act) to                 entities for identifying biosimilar and
                                                    Associate Commissioner for Policy.                      bear a nonproprietary name that
                                                    [FR Doc. 2016–12950 Filed 6–1–16; 8:45 am]
                                                                                                                                                                   interchangeable products is sufficient
                                                                                                            includes an FDA-designated suffix.                     for the purpose of pharmacovigilance,
                                                    BILLING CODE 4164–01–P                                  There is a need to clearly identify                    and designation of a suffix is not
                                                                                                            biological products to facilitate                      needed. One comment stated that FDA’s
                                                                                                            pharmacovigilance and, for the                         estimate of 6 hours to submit proposed
                                                    DEPARTMENT OF HEALTH AND                                purposes of safe use, to minimize
                                                    HUMAN SERVICES                                                                                                 suffixes is based only on the time
                                                                                                            inadvertent substitution. Accordingly,                 needed to prepare the submission itself
                                                                                                            for biological products licensed under                 after the multiple suffixes have been
                                                    Food and Drug Administration
                                                                                                            the PHS Act, FDA intends to designate                  selected. The comment further stated
                                                    [Docket No. FDA–2013–D–1543]                            a nonproprietary name that includes a                  that because FDA suggests that each
                                                                                                            core name and a distinguishing suffix.                 respondent submit three suggested
                                                    Agency Information Collection                           This naming convention is applicable to                suffixes for consideration, the time
                                                    Activities; Submission for Office of                    biological products previously licensed                needed to do an analysis of each suffix
                                                    Management and Budget Review;                           and newly licensed under section 351(a)                would exceed 720 hours per suffix
                                                    Comment Request; Guidance for                           or 351(k) of the PHS Act (42 U.S.C.                    (based on their own company
                                                    Industry on Nonproprietary Naming of                    262(a) or 262(k)).                                     experience) or 2,160 hours total for the
                                                    Biological Products                                        The guidance includes information                   three suffixes.
                                                    AGENCY:    Food and Drug Administration,                collection by requesting that applicants                  In response to the comments we note
                                                    HHS.                                                    propose a suffix composed of four                      that our estimated annual reporting
                                                                                                            lowercase letters for use as the                       burden results from information that
                                                    ACTION:   Notice.                                       distinguishing identifier included in the              would be submitted to us by applicants
                                                    SUMMARY:   The Food and Drug                            proper name designated by FDA at the                   in order to facilitate Agency designation
                                                    Administration (FDA) is announcing                      time of licensure for biological products              of a suffix as part of the proper name of
                                                    that a proposed collection of                           licensed under the PHS Act. The suffix                 a biological product. We estimated that
                                                    information has been submitted to the                   will be incorporated in the                            sponsors would spend 2 hours
                                                    Office of Management and Budget                         nonproprietary name of the product.                    completing the submission for each of
                                                    (OMB) for review and clearance under                    The guidance recommends that                           the three suffixes, resulting in 6 hours
                                                    the Paperwork Reduction Act of 1995.                    applicants should submit up to 10                      as the average burden. This estimate is
                                                                                                            proposed suffixes, in the order of the                 an annualized figure based on the
                                                    DATES: Fax written comments on the
                                                                                                            applicant’s preference. We also                        average number of responses per
                                                    collection of information by July 5,
                                                                                                            recommend including supporting                         respondent and the average burden per
                                                    2016.
                                                                                                            analyses demonstrating that the                        response over a 3-year period. We
                                                    ADDRESSES:   To ensure that comments on                 proposed suffixes meet the factors                     understand that there is a certain
                                                    the information collection are received,                described in the guidance for FDA’s                    amount of research and other costs that
                                                    OMB recommends that written                             consideration.                                         an applicant might encounter in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    comments be faxed to the Office of                         As indicated in table 1, we estimate                analyzing any proposed name for a
                                                    Information and Regulatory Affairs,                     that we will receive a total of 40                     biological product. We also recognize
                                                    OMB, Attn: FDA Desk Officer, FAX:                       requests annually for the proposed                     that the burden may be higher for some
                                                    202–395–7285, or emailed to oira_                       proper name for biological products                    applicants and lower for other
                                                    submission@omb.eop.gov. All                             submitted under section 351(a) of the                  applicants based on a variety of factors
                                                    comments should be identified with the                  PHS Act, and 6 requests annually for the               specific to the applicant.
                                                    OMB control number 0910–NEW and                         proposed proper name for biosimilar                       The comment suggesting that it will
                                                    title ‘‘Nonproprietary Naming of                        products and interchangeable products                  take 720 hours to complete an analysis


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                                                    35368                                      Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices

                                                    and submission for each suffix does not                                     FDA. At the same time, the comment                                          submitting up to 10 proposed suffixes
                                                    provide a basis by which the estimate                                       also suggested that we failed to                                            for designation, as reflected in table 1.
                                                    was calculated or whether it is broadly                                     adequately account for the time spent                                         FDA estimates the information
                                                    applicable. We find this figure rather                                      on creating proposed suffixes. In                                           collection burden as follows:
                                                    high and retain our original estimate of                                    consideration, therefore, we have                                             Description of Respondents:
                                                    6 hours. The latter figure is based on our                                  revised our estimate upward to account                                      Respondents to the collection are
                                                    familiarity with the average amount of                                      for burden associated with creating and                                     sponsors of biological product
                                                    time required by similar submissions to                                                                                                                 applications.
                                                                                                                   TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                               Number of                                                Average
                                                                                                                                                    Number of                                            Total annual
                                                                                           Activity                                                                          responses per                                            burden per              Total hours
                                                                                                                                                   respondents                                            responses
                                                                                                                                                                               respondent                                              response

                                                    Information for the Proposed Proper Name for Biological
                                                       Products Submitted Under Section 351(a) of the PHS
                                                       Act ....................................................................................                       20                           2                        40                       420            16,800
                                                    Information for the Proposed Proper Name for Biosimilar
                                                       Products and Interchangeable Products Submitted
                                                       Under Section 351(k) of the PHS Act ..............................                                               3                         2                           6                      420             2,520

                                                          Total ..............................................................................    ........................   ........................   ........................   ........................         19,320
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      The guidance also refers to previously                                    Services Administration, Conference                                         FOR FURTHER INFORMATION CONTACT:
                                                    approved collections of information                                         Room #5E29, 5600 Fishers Lane,                                              Please send requests for information to
                                                    found in FDA regulations. The                                               Rockville, Maryland 20857, Webinar                                          Dawn Smith, Bureau of Health
                                                    collections of information for the                                          and Conference Call Format.                                                 Workforce, HRSA, in one of two ways:
                                                    submission of a biologics license                                              Status: This advisory council meeting                                    (1) Send a request to the following
                                                    application (BLA) and changes                                               will be open to the public.                                                 address: Dawn Smith, Bureau of Health
                                                    (supplements) to an approved                                                                                                                            Workforce, Health Resources and
                                                                                                                                   Purpose: The NACNHSC provides
                                                    application under 21 CFR part 601 have                                                                                                                  Services Administration, Room 14N70B,
                                                                                                                                advice and recommendations to the                                           5600 Fishers Lane, Rockville, Maryland
                                                    been approved under OMB control
                                                                                                                                Secretary of the U.S. Department of                                         20857; or (2) send an email to dsmith3@
                                                    number 0910–0338. The collections of
                                                                                                                                Health and Human Services (HHS) and,                                        hrsa.gov.
                                                    information for the submission of a BLA
                                                                                                                                by designation, the Administrator of the
                                                    under section 351(k) of the PHS Act                                                                                                                     SUPPLEMENTARY INFORMATION: Further
                                                                                                                                Health Resources and Services
                                                    (biosimilar products and                                                                                                                                information regarding the NACNHSC,
                                                                                                                                Administration (HRSA) on a range of
                                                    interchangeable products) have been                                                                                                                     including the roster of members and
                                                                                                                                issues including identifying the
                                                    approved under OMB control number                                                                                                                       past meeting summaries, is available at:
                                                                                                                                priorities for the National Health
                                                    0910–0719.                                                                                                                                              http://nhsc.hrsa.gov/corpsexperience/
                                                                                                                                Service Corps (NHSC) and policy
                                                      Dated: May 26, 2016.                                                                                                                                  aboutus/nationaladvisorycouncil/
                                                                                                                                revisions.
                                                    Leslie Kux,
                                                                                                                                                                                                            meetingsummaries/index.html.
                                                                                                                                   Agenda: The NACNHSC will refine                                             Members of the public and interested
                                                    Associate Commissioner for Policy.                                          the Council’s top priorities for the                                        parties may request to participate in the
                                                    [FR Doc. 2016–12885 Filed 6–1–16; 8:45 am]                                  NHSC and will continue to work on the                                       meeting by contacting Dawn Smith via
                                                    BILLING CODE 4164–01–P                                                      draft of formal recommendations to                                          email at dsmith3@hrsa.gov to obtain
                                                                                                                                submit to the HHS Secretary and the                                         access information. Access will be
                                                                                                                                HRSA Administrator. During the March                                        granted on a first come, first served
                                                    DEPARTMENT OF HEALTH AND                                                    2016 NACNHSC meeting, the Council                                           basis. Individuals who plan to attend
                                                    HUMAN SERVICES                                                              identified its priorities for the NHSC.                                     and need special assistance, such as
                                                                                                                                The Council will continue the                                               sign language interpretation or other
                                                    Health Resources and Services                                               discussion on how the priorities meet                                       reasonable accommodations, should
                                                    Administration                                                              the goals of the 2016 Bureau of Health                                      notify the contact person listed above at
                                                    National Advisory Council on the                                            Workforce Strategic Plan. The priority                                      least 10 days prior to the meeting.
                                                    National Health Service Corps; Notice                                       areas include, but are not limited to,                                      Public participants may submit written
                                                    of Meeting                                                                  telehealth, Medication Assisted                                             statements in advance of the scheduled
                                                                                                                                Treatment (MAT) certification,                                              meeting. If you would like to provide
                                                      In accordance with section 10(a)(2) of                                    mentorship and NHSC discipline                                              oral public comment during the
                                                    the Federal Advisory Committee Act                                          expansion, specifically for mental and                                      meeting, please register with Dawn
                                                    (Pub. L. 92–463), notice is hereby given                                    behavioral and oral health providers.                                       Smith. Public comment will be limited
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of the following meeting:                                                   The content of the agenda is subject to                                     to 3 minutes per speaker. Statements
                                                      Name: National Advisory Council on                                        change prior to the meeting. The                                            and comments can be addressed to
                                                    the National Health Service Corps                                           NACNHSC final agenda and call-in                                            Dawn Smith by emailing her at dsmith@
                                                    (NACNHSC).                                                                  information will be available 3 days in                                     hrsa.gov.
                                                      Dates and Times: June 22, 2016 11:00                                      advance of the meeting at http://                                              In addition, please be advised that
                                                    a.m.–5:00 p.m. EST.                                                         nhsc.hrsa.gov/corpsexperience/aboutus/                                      committee members are given copies of
                                                      Place: U.S. Department of Health and                                      nationaladvisorycouncil/                                                    all written statements submitted from
                                                    Human Services, Health Resources and                                        meetingsummaries/index.html.                                                the public. Any further public


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Document Created: 2016-06-02 01:23:18
Document Modified: 2016-06-02 01:23:18
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 July 5, 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 35367 

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