81_FR_45000 81 FR 44868 - Agency Information Collection Activities; Proposed Collection; Comment Request; General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Form FDA 356h

81 FR 44868 - Agency Information Collection Activities; Proposed Collection; Comment Request; General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Form FDA 356h

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44868-44872
FR Document2016-16352

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the collection of information relating to general licensing provisions for biologics license applications (BLAs), changes to an approved application, labeling, revocation and suspension, postmarketing studies status reports, and Form FDA 356h.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44868-44872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16352]



[[Page 44868]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0578]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; General Licensing Provisions: Biologics License 
Application, Changes to an Approved Application, Labeling, Revocation 
and Suspension, Postmarketing Studies Status Reports, and Form FDA 356h

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the collection of information 
relating to general licensing provisions for biologics license 
applications (BLAs), changes to an approved application, labeling, 
revocation and suspension, postmarketing studies status reports, and 
Form FDA 356h.

DATES: Submit electronic or written comments on the collection of 
information by September 9, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
    Mail/Hand delivery/Courier (for written/paper submissions): 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2013-N-0578 for ``General Licensing Provisions: Biologics License 
Application, Changes to an Approved Application, Labeling, Revocation 
and Suspension, Postmarketing Studies Status Reports and Form FDA 
356h.'' Received comments will be placed in the docket and, except for 
those submitted as ``Confidential Submissions,'' publicly viewable at 
http://www.regulations.gov or at the Division of Dockets Management 
between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use

[[Page 44869]]

of automated collection techniques, when appropriate, and other forms 
of information technology.

General Licensing Provisions: Biologics License Application, Changes to 
an Approved Application, Labeling, Revocation and Suspension, 
Postmarketing Studies Status Reports, and Form FDA 356h

OMB Control No. 0910-0338--Extension

    Under section 351 of the Public Health Services Act (the PHS Act) 
(42 U.S.C. 262), manufacturers of biological products must submit a 
license application for FDA review and approval before marketing a 
biological product in interstate commerce. Licenses may be issued only 
upon showing that the establishment and the products for which a 
license is desired meets standards prescribed in regulations designed 
to ensure the continued safety, purity, and potency of such products. 
All such licenses are issued, suspended, and revoked as prescribed by 
regulations in part 601 (21 CFR part 601).
    Section 130(a) of the Food and Drug Administration Modernization 
Act (Pub. L. 105-115) amended the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) by adding a new provision (section 506B of the FD&C Act 
(21 U.S.C. 356b)) requiring reports of postmarketing studies for 
approved human drugs and licensed biological products. Section 506B of 
the FD&C Act provides FDA with additional authority to monitor the 
progress of postmarketing studies that applicants have made a 
commitment to conduct and requires the Agency to make publicly 
available information that pertains to the status of these studies. 
Under section 506B(a) of the FD&C Act, applicants that have committed 
to conduct a postmarketing study for an approved human drug or licensed 
biological product must submit to FDA a status report of the progress 
of the study or the reasons for the failure of the applicant to conduct 
the study. This report must be submitted within 1 year after the U.S. 
approval of the application and then annually until the study is 
completed or terminated.
    A summary of the collection of information requirements follows:
    Section 601.2(a) requires a manufacturer of a biological product to 
submit an application on forms prescribed for such purposes with 
accompanying data and information, including certain labeling 
information, to FDA for approval to market a product in interstate 
commerce. The container and package labeling requirements are provided 
under Sec. Sec.  610.60 through 610.65 (21 CFR 610.60 through 610.65). 
The estimate for these regulations is included in the estimate under 
Sec.  601.2(a) in table 1.
    Section 601.5(a) requires a manufacturer to submit to FDA notice of 
its intention to discontinue manufacture of a product or all products. 
Section 601.6(a) requires the manufacturer to notify selling agents and 
distributors upon suspension of its license, and provide FDA of such 
notification.
    Section 601.12(a)(2) requires, generally, that the holder of an 
approved BLA must assess the effects of a manufacturing change before 
distributing a biological product made with the change. Section 
601.12(a)(4) requires, generally, that the applicant must promptly 
revise all promotional labeling and advertising to make it consistent 
with any labeling changes implemented. Section 601.12(a)(5) requires 
the applicant to include a list of all changes contained in the 
supplement or annual report; for supplements, this list must be 
provided in the cover letter. The burden estimates for Sec.  
601.12(a)(2) are included in the estimates for supplements (Sec. Sec.  
601.12(b) and (c)) and annual reports (Sec.  601.12(d)). The burden 
estimates for Sec.  601.12(a)(4) are included in the estimates under 
601.12(f)(4) in table 1.
    Sections 601.12(b)(1) and (3), (c)(1), (3), and (5), and (d)(1) and 
(3) require applicants to follow specific procedures to submit 
information to FDA of any changes, in the product, production process, 
quality controls, equipment, facilities, or responsible personnel 
established in an approved license application. The appropriate 
procedure depends on the potential for the change to have a 
substantial, moderate, or minimal adverse effect on the identity, 
strength, quality, purity, or potency of the products as they may 
relate to the safety or effectiveness of the product. Under Sec.  
601.12(b)(4), an applicant may ask FDA to expedite its review of a 
supplement for public health reasons or if a delay in making the change 
described in it would impose an extraordinary hardship of the 
applicant. The burden estimate for Sec.  601.12(b)(4) is minimal and 
included in the estimate under Sec.  601.12(b)(1) and (3) in table 1.
    Section 601.12(e) requires applicants to submit a protocol, or 
change to a protocol, as a supplement requiring FDA approval before 
distributing the product. Section 601.12(f)(1) through (3) requires 
applicants to follow specific procedures to report certain labeling 
changes to FDA. Section 601.12(f)(4) requires applicants to report to 
FDA advertising and promotional labeling and any changes.
    Under Sec.  601.14, the content of labeling required in 21 CFR 
201.100(d)(3) must be in electronic format and in a form that FDA can 
process, review, and archive. This requirement is in addition to the 
provisions of Sec. Sec.  601.2(a) and 601.12(f). The burden estimate 
for Sec.  601.14 is minimal and included in the estimate under 
Sec. Sec.  601.2(a) (BLAs) and 601.12(f)(1) through (3) (labeling 
supplements and annual reports) in table 1.
    Section 601.45 requires applicants of biological products for 
serious or life-threatening illnesses to submit to the Agency for 
consideration, during the pre-approval review period, copies of all 
promotional materials, including promotional labeling as well as 
advertisements.
    In addition to Sec. Sec.  601.2 and 601.12, there are other 
regulations in 21 CFR parts 640, 660, and 680 that relate to 
information to be submitted in a license application or supplement for 
certain blood or allergenic products as follows: Sec. Sec.  640.6; 
640.17; 640.21(c); 640.22(c); 640.25(c); 640.56(c); 640.64(c); 
640.74(a) and (b)(2); 660.51(a)(4); and 680.1(b)(2)(iii) and (d).
    In table 1, the burden associated with the information collection 
requirements in the applicable regulations is included in the burden 
estimate for Sec. Sec.  601.2 and/or 601.12. A regulation may be listed 
under more than one subsection of Sec.  601.12 due to the type of 
category under which a change to an approved application may be 
submitted.
    There are also additional container and/or package labeling 
requirements for certain licensed biological products including: Sec.  
640.74(b)(3) and (4) for Source Plasma Liquid; Sec.  640.84(a) and (c) 
for Albumin; Sec.  640.94(a) for Plasma Protein Fraction; Sec.  
660.2(c) for Antibody to Hepatitis B Surface Antigen; Sec.  660.28(a), 
(b), and (c) for Blood Grouping Reagent; Sec.  660.35(a), (c through 
g), and (i through m) for Reagent Red Blood Cells; Sec.  660.45 for 
Hepatitis B Surface Antigen; and Sec.  660.55(a) and (b) for Anti-Human 
Globulin. The burden associated with the additional labeling 
requirements for submission of a license application for these certain 
biological products is minimal because the majority of the burden is 
associated with the requirements under Sec. Sec.  610.60 through 610.65 
or 21 CFR 809.10. Therefore, the burden estimates for these regulations 
are included in the estimate under Sec. Sec.  610.60 through 610.65 in 
table 1. The burden estimates associated with Sec.  809.10 are approved 
under OMB control number 0910-0485.

[[Page 44870]]

    Section 601.27(a) requires that applications for new biological 
products contain data that are adequate to assess the safety and 
effectiveness of the biological product for the claimed indications in 
pediatric subpopulations, and to support dosing and administration 
information. Section 601.27(b) provides that an applicant may request a 
deferred submission of some or all assessments of safety and 
effectiveness required under Sec.  601.27(a) until after licensing the 
product for use in adults. Section 601.27(c) provides that an applicant 
may request a full or partial waiver of the requirements under Sec.  
601.27(a) with adequate justification. The burden estimates for Sec.  
601.27(a) are included in the burden estimate under Sec.  601.2(a) in 
table 1 since these regulations deal with information to be provided in 
an application.
    Section 601.28 requires sponsors of licensed biological products to 
submit the information in Sec.  601.28(a), (b), and (c) to the Center 
for Biologics Evaluation and Research (CBER) or to the Center for Drug 
Evaluation and Research (CDER) each year, within 60 days of the 
anniversary date of approval of the license. Section 601.28(a) requires 
sponsors to submit to FDA a brief summary stating whether labeling 
supplements for pediatric use have been submitted and whether new 
studies in the pediatric population to support appropriate labeling for 
the pediatric population have been initiated. Section 601.28(b) 
requires sponsors to submit to FDA an analysis of available safety and 
efficacy data in the pediatric population and changes proposed in the 
labeling based on this information. Section 601.28(c) requires sponsors 
to submit to FDA a statement on the current status of any postmarketing 
studies in the pediatric population performed by, on or behalf of, the 
applicant. If the postmarketing studies were required or agreed to, the 
status of these studies is to be reported under Sec.  601.70 rather 
than under this section.
    Sections 601.33 through 601.35 clarify the information to be 
submitted in an application to FDA to evaluate the safety and 
effectiveness of radiopharmaceuticals intended for in vivo 
administration for diagnostic and monitoring use. The burden estimates 
for Sec. Sec.  601.33 through 601.35 are included in the burden 
estimate under Sec.  601.2(a) in table 1 since these regulations deal 
with information to be provided in an application.
    Section 601.70(b) requires each applicant of a licensed biological 
product to submit annually a report to FDA on the status of 
postmarketing studies for each approved product application. Each 
annual postmarketing status report must be accompanied by a completed 
transmittal Form FDA 2252 (Form FDA 2252 approved under OMB control 
number 0910-0001). Under Sec.  601.70(d), two copies of the annual 
report shall be submitted to FDA.
    Sections 601.91 through 601.94 concern biological products for 
which human efficacy studies are not ethical or feasible. Section 
601.91(b)(2) requires, in certain circumstances, such postmarking 
restrictions as are needed to ensure the safe use of the biological 
product. Section 601.91(b)(3) requires applicants to prepare and 
provide labeling with relevant information to patients or potential 
patients for biological products approved under part 601, subpart H, 
when human efficacy studies are not ethical or feasible (or based on 
evidence of effectiveness from studies in animals). Section 601.93 
provides that biological products approved under subpart H are subject 
to the postmarketing recordkeeping and safety reporting applicable to 
all approved biological products. Section 601.94 requires applicants 
under subpart H to submit to the Agency for consideration during 
preapproval review period copies of all promotional materials including 
promotional labeling as well as advertisements. Under Sec. Sec.  
601.91(b)(2) and 601.93, any potential postmarketing reports and/or 
recordkeeping burdens would be included under the adverse experience 
reporting (AER) requirements under 21 CFR part 600 (OMB control number 
0910-0308). Therefore, any burdens associated with these requirements 
would be reported under the AER information collection requirements 
(OMB control number 0910-0308). The burden estimate for Sec.  
601.91(b)(3) is included in the estimate under Sec. Sec.  610.60 
through 610.65.
    Section 610.9(a) requires the applicant to present certain 
information, in the form of a license application or supplement to the 
application, for a modification of any particular test method or 
manufacturing process or the conditions which it is conducted under the 
biologics regulations. The burden estimate for Sec.  610.9(a) is 
included in the estimate under Sec. Sec.  601.2(a) and 601.12(b) and 
(c) in table 1.
    Under Sec.  610.15(d), the Director of CBER or the Director of CDER 
may approve, as appropriate, a manufacturer's request for exceptions or 
alternatives to the regulation for constituent materials. Manufacturers 
seeking approval of an exception or alternative must submit a request 
in writing with a brief statement describing the basis for the request 
and the supporting data.
    Section 640.120 requires licensed establishments to submit a 
request for an exception or alternative to any requirement in the 
biologics regulations regarding blood, blood components, or blood 
products. For licensed establishments, a request for an exception or 
alternative must be submitted in accordance with Sec.  601.12; 
therefore, the burden estimate for Sec.  640.120 is included in the 
estimate under Sec.  601.12(b) in table 1.
    Section 680.1(c) requires manufacturers to update annually their 
license file with the list of source materials and the suppliers of the 
materials. Section 680.1(b)(3)(iv) requires manufacturers to notify FDA 
when certain diseases are detected in source materials.
    Sections 600.15(b) and 610.53(d) require the submission of a 
request for an exemption or modification regarding the temperature 
requirements during shipment and from dating periods, respectively, for 
certain biological products. Section 606.110(b) (21 CFR 606.110(b)) 
requires the submission of a request for approval to perform 
plasmapheresis of donors who do not meet certain donor requirements for 
the collection of plasma containing rare antibodies. Under Sec. Sec.  
600.15(b), 610.53(d), and 606.110(b), a request for an exemption or 
modification to the requirements would be submitted as a supplement. 
Therefore, the burden hours for any submissions under Sec. Sec.  
600.15(b), 610.53(d), and 606.110(b) are included in the estimates 
under Sec.  601.12(b) in table 1.
    In July 1997, FDA revised Form FDA 356h ``Application to Market a 
New Drug, Biologic, or an Antibiotic Drug for Human Use'' to harmonize 
application procedures between CBER and CDER. The application form 
serves primarily as a checklist for firms to gather and submit certain 
information to FDA. As such, the form, now entitled ``Application to 
Market a New or Abbreviated New Drug or Biologic for Human Use,'' helps 
to ensure that the application is complete and contains all the 
necessary information so that delays due to lack of information may be 
eliminated. In addition, the form provides key information to FDA for 
efficient handling and distribution to the appropriate staff for 
review. The estimated burden hours for nonbiological product 
submissions to CDER using FDA Form 356h are approved under OMB control 
number 0910-0001 (an estimated 3,200 submissions x 24 hours = 76,800 
hours).

[[Page 44871]]

    For advertisements and promotional labeling (e.g., circulars, 
package labels, container labels, etc.) and labeling changes, 
manufacturers of licensed biological products may submit to CBER or 
CDER Form FDA 2253. In August of 1998, FDA revised and harmonized Form 
FDA 2253 so the form may be used to transmit specimens of promotional 
labeling and advertisements for biological products as well as for 
prescription drugs and antibiotics. The revised, harmonized form 
updates the information about the types of promotional materials and 
the codes that are used to clarify the type of advertisement or 
labeling submitted, clarifies the intended audience for the 
advertisements or promotional labeling (e.g., consumers, professionals, 
news services), and helps ensure that the submission is complete. Form 
FDA 2253 can also be submitted electronically. Form FDA 2253 is 
approved under OMB control number 0910-0001.
    Respondents to this collection of information are manufacturers of 
biological products. Under tables 1 and 2, the numbers of respondents 
are based on the estimated annual number of manufacturers that 
submitted the required information to FDA or the number of submissions 
FDA received in fiscal year (FY) 2015. Based on information obtained 
from FDA's database systems, there are an estimated 391 licensed 
biologics manufacturers. The total annual responses are based on the 
estimated number of submissions (i.e., license applications, labeling 
and other supplements, protocols, advertising and promotional labeling, 
notifications) for a particular product received annually by FDA. The 
hours per response are based on information provided by industry and 
past FDA experience with the various submissions or notifications. The 
hours per response include the time estimated to prepare the various 
submissions or notifications to FDA, and, as applicable, the time 
required to fill out the appropriate form and collate the 
documentation. Additional information regarding these estimates is 
provided below as necessary.
    Under Sec. Sec.  601.2 and 601.12, the estimated hours per response 
are based on the average number of hours to submit the various 
submissions. The estimated average number of hours is based on the 
range of hours to complete a very basic application or supplement and a 
complex application or supplement.
    Under section 601.6(a), the total annual responses are based on FDA 
estimates that establishments may notify an average of 20 selling 
agents and distributors of such suspension, and provide FDA of such 
notification. The number of respondents is based on the estimated 
annual number of suspensions of a biologic license. In table 1, FDA is 
estimating one in case a suspension occurs.
    Under Sec. Sec.  601.12(f)(4) and 601.45, manufacturers of 
biological products may use Form FDA 2253 to submit advertising and 
promotional labeling (which can include multiple pieces). Based on 
information obtained from FDA's database system, there were an 
estimated 11,676 submissions using Form FDA 2253 of advertising and 
promotional labeling from 114 respondents.
    Under Sec. Sec.  601.28 and 601.70(b), FDA estimates that it takes 
an applicant approximately 24 hours (8 hours per study x 3 studies) 
annually to gather, complete, and submit the appropriate information 
for each postmarketing status report (approximately two to four studies 
per report) and the accompanied transmittal Form FDA 2252. Included in 
these 24 hours is the time necessary to prepare and submit two copies 
of the annual progress report of postmarketing studies to FDA under 
Sec.  601.70(d). For FY 2015, there were 139 reports from 82 
respondents.
    Under Sec.  610.15(d), FDA has received no submissions since the 
implementation of the final rule in April 2011. Therefore, FDA is 
estimating 1 respondent and 1 annual request to account for a possible 
submission to CBER or CDER of a request for an exception or alternative 
for constituent materials under Sec.  610.15(d).
    There were a total of 2,777 amendments to an unapproved application 
or supplement and resubmissions submitted using Form FDA 356h.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Number of
            21 CFR section                   Form FDA No.           Number of     responses per   Total annual     Average  burden per      Total hours
                                                                   respondents     respondent       responses            response              \10\
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.2(a) \2\, 610.60 through 610.65    356h....................              28            1.36              38  860....................          32,680
 \3\.
601.5(a).............................  N/A.....................              12            0.75               9  0.33 (20 minutes)......               3
601.6(a).............................  N/A.....................               1               1               1  1......................               1
601.12(a)(5).........................  N/A.....................             537           24.41          13,108  1......................          13,108
601.12(b)(1)/(b)(3)/(e)..............  356h \2\................             164            3.66             600  80.....................          48,000
601.12(c)(1)/(c)(3) \5\..............  356h \2\................             120            4.78             574  50.....................          28,700
601.12(c)(5).........................  356h \2\................               7            1.14               8  50.....................             400
601.12(d)(1)/(d)(3) \6\/(f)(3) \8\...  356h \2\................             246            3.34             822  24.....................          19,728
601.12(f)(1) \7\.....................  2253....................              72            1.93             139  40.....................           5,560
601.12(f)(2) \7\.....................  2253....................              60            1.82             109  20.....................           2,180
601.12(f)(4)/601.45 \9\..............  2253....................             114          102.42          11,676  10.....................         116,670
601.27(b)............................  N/A.....................              20           16.50             330  24.....................           7,920
601.27(c)............................  N/A.....................              12            1.08              13  8......................             104
601.70(b) and (d)/601.28.............  2252....................              82            1.70             139  24.....................           3,336
610.15(d)............................  N/A.....................               1               1               1  1......................               1
680.1(c).............................  N/A.....................               9               1               9  2......................              18
680.1(b)(3)(iv)......................  N/A.....................               1               1               1  2......................               2
Amendments/Resubmissions.............  356h....................             125           22.22           2,777  20.....................          55,540
                                                                ----------------------------------------------------------------------------------------
    Total............................  ........................  ..............  ..............  ..............  .......................         333,951
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The reporting requirements under Sec.  Sec.   601.14, 601.27(a), 601.33, 601.34, 601.35, 610.9(a), 640.17, 640.25(c),
640.56(c), 640.74(b)(2), 660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under Sec.   601.2(a).
\3\ The reporting requirements under Sec.  Sec.   601.93(b)(3), 640.70(a), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a), (b),
  and (c), 660.35(a), (c through g), and (i through m), 660.45, and 660.55(a) and (b) are included under Sec.  Sec.   610.60 through 610.65.

[[Page 44872]]

 
\4\ The reporting requirements under Sec.  Sec.   601.12(a)(2) and (b)(4), 600.15(b), 610.9(a), 610.53(d), 606.110(b), 640.6, 640.17, 640.21(c),
  640.22(c), 640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), 640.120, and 680.1(d) are included in the estimate under Sec.   601.12(b).
\5\ The reporting requirements under Sec.  Sec.   601.12(a)(2), 610.9(a), 640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate
  under Sec.   601.12(c).
\6\ The reporting requirement under Sec.   601.12(a)(2) is included in the estimate under Sec.   601.12(d).
\7\ The reporting requirement under Sec.   601.14 is included in the estimate under Sec.   601.12(f)(1) and (2).
\8\ The reporting requirement under Sec.  Sec.   601.12(a)(4) and 601.14 is included in the estimate under Sec.   601.12(f)(3).
\9\ The reporting requirement under Sec.   601.94 is included in the estimate under Sec.   601.45.
\10\ The numbers in this column have been rounded to the nearest whole number.

    Under table 2, the estimated recordkeeping burden of 1 hour is 
based on previous estimates for the recordkeeping requirements 
associated with the AER system.

                                               Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Annual
                 21 CFR section                      Number of     disclosures per    Total annual      Average burden per disclosure    Total hours \2\
                                                    respondents       respondent      disclosures
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.6(a)........................................               1               20               20   0.33 (20 minutes).................               7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ Rounded to the nearest whole number.


    Dated: July 5, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16352 Filed 7-8-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                44868                           Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

                                                DEPARTMENT OF HEALTH AND                                 comments, that information will be                    information marked as ‘‘confidential’’
                                                HUMAN SERVICES                                           posted on http://www.regulations.gov.                 will not be disclosed except in
                                                                                                           • If you want to submit a comment                   accordance with 21 CFR 10.20 and other
                                                Food and Drug Administration                             with confidential information that you                applicable disclosure law. For more
                                                                                                         do not wish to be made available to the               information about FDA’s posting of
                                                [Docket No. FDA–2013–N–0578]                             public, submit the comment as a                       comments to public dockets, see 80 FR
                                                                                                         written/paper submission and in the                   56469, September 18, 2015, or access
                                                Agency Information Collection
                                                                                                         manner detailed (see ‘‘Written/Paper                  the information at: http://www.fda.gov/
                                                Activities; Proposed Collection;
                                                                                                         Submissions’’ and ‘‘Instructions’’).                  regulatoryinformation/dockets/
                                                Comment Request; General Licensing
                                                Provisions: Biologics License                            Written/Paper Submissions                             default.htm.
                                                Application, Changes to an Approved                                                                               Docket: For access to the docket to
                                                                                                            Submit written/paper submissions as                read background documents or the
                                                Application, Labeling, Revocation and                    follows:
                                                Suspension, Postmarketing Studies                                                                              electronic and written/paper comments
                                                                                                            Mail/Hand delivery/Courier (for                    received, go to http://
                                                Status Reports, and Form FDA 356h                        written/paper submissions): Division of               www.regulations.gov and insert the
                                                AGENCY:    Food and Drug Administration,                 Dockets Management (HFA–305), Food                    docket number, found in brackets in the
                                                HHS.                                                     and Drug Administration, 5630 Fishers                 heading of this document, into the
                                                                                                         Lane, Rm. 1061, Rockville, MD 20852.                  ‘‘Search’’ box and follow the prompts
                                                ACTION:   Notice.                                           • For written/paper comments
                                                                                                                                                               and/or go to the Division of Dockets
                                                                                                         submitted to the Division of Dockets
                                                SUMMARY:   The Food and Drug                                                                                   Management, 5630 Fishers Lane, Rm.
                                                                                                         Management, FDA will post your
                                                Administration (FDA) is announcing an                                                                          1061, Rockville, MD 20852.
                                                                                                         comment, as well as any attachments,
                                                opportunity for public comment on the                                                                          FOR FURTHER INFORMATION CONTACT: FDA
                                                                                                         except for information submitted,
                                                proposed collection of certain                                                                                 PRA Staff, Office of Operations, Food
                                                                                                         marked and identified, as confidential,
                                                information by the Agency. Under the                                                                           and Drug Administration, Three White
                                                                                                         if submitted as detailed in
                                                Paperwork Reduction Act of 1995 (the                                                                           Flint North 10A–12M, 11601
                                                                                                         ‘‘Instructions.’’
                                                PRA), Federal Agencies are required to                      Instructions: All submissions received             Landsdown St., North Bethesda, MD
                                                publish notice in the Federal Register                   must include the Docket No. FDA–                      20852, PRAStaff@fda.hhs.gov.
                                                concerning each proposed collection of                   2013–N–0578 for ‘‘General Licensing                   SUPPLEMENTARY INFORMATION: Under the
                                                information, including each proposed                     Provisions: Biologics License                         PRA (44 U.S.C. 3501–3520), Federal
                                                extension of an existing collection of                   Application, Changes to an Approved                   Agencies must obtain approval from the
                                                information, and to allow 60 days for                    Application, Labeling, Revocation and                 Office of Management and Budget
                                                public comment in response to the                        Suspension, Postmarketing Studies                     (OMB) for each collection of
                                                notice. This notice solicits comments on                 Status Reports and Form FDA 356h.’’                   information they conduct or sponsor.
                                                the collection of information relating to                Received comments will be placed in                   ‘‘Collection of information’’ is defined
                                                general licensing provisions for                         the docket and, except for those                      in 44 U.S.C. 3502(3) and 5 CFR
                                                biologics license applications (BLAs),                   submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
                                                changes to an approved application,                      Submissions,’’ publicly viewable at                   or requirements that members of the
                                                labeling, revocation and suspension,                     http://www.regulations.gov or at the                  public submit reports, keep records, or
                                                postmarketing studies status reports,                    Division of Dockets Management                        provide information to a third party.
                                                and Form FDA 356h.                                       between 9 a.m. and 4 p.m., Monday                     Section 3506(c)(2)(A) of the PRA (44
                                                DATES: Submit electronic or written                      through Friday.                                       U.S.C. 3506(c)(2)(A)) requires Federal
                                                comments on the collection of                               • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                                information by September 9, 2016.                        submit a comment with confidential                    the Federal Register concerning each
                                                ADDRESSES: You may submit comments                       information that you do not wish to be                proposed collection of information,
                                                as follows:                                              made publicly available, submit your                  including each proposed extension of an
                                                                                                         comments only as a written/paper                      existing collection of information,
                                                Electronic Submissions                                   submission. You should submit two                     before submitting the collection to OMB
                                                  Submit electronic comments in the                      copies total. One copy will include the               for approval. To comply with this
                                                following way:                                           information you claim to be confidential              requirement, FDA is publishing notice
                                                  • Federal eRulemaking Portal: http://                  with a heading or cover note that states              of the proposed collection of
                                                www.regulations.gov. Follow the                          ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                                instructions for submitting comments.                    CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                                Comments submitted electronically,                       Agency will review this copy, including               collection of information, FDA invites
                                                including attachments, to http://                        the claimed confidential information, in              comments on these topics: (1) Whether
                                                www.regulations.gov will be posted to                    its consideration of comments. The                    the proposed collection of information
                                                the docket unchanged. Because your                       second copy, which will have the                      is necessary for the proper performance
                                                comment will be made public, you are                     claimed confidential information                      of FDA’s functions, including whether
                                                solely responsible for ensuring that your                redacted/blacked out, will be available               the information will have practical
                                                comment does not include any                             for public viewing and posted on http://              utility; (2) the accuracy of FDA’s
                                                confidential information that you or a                   www.regulations.gov. Submit both                      estimate of the burden of the proposed
                                                third party may not wish to be posted,                   copies to the Division of Dockets                     collection of information, including the
sradovich on DSK3GDR082PROD with NOTICES




                                                such as medical information, your or                     Management. If you do not wish your                   validity of the methodology and
                                                anyone else’s Social Security number, or                 name and contact information to be                    assumptions used; (3) ways to enhance
                                                confidential business information, such                  made publicly available, you can                      the quality, utility, and clarity of the
                                                as a manufacturing process. Please note                  provide this information on the cover                 information to be collected; and (4)
                                                that if you include your name, contact                   sheet and not in the body of your                     ways to minimize the burden of the
                                                information, or other information that                   comments and you must identify this                   collection of information on
                                                identifies you in the body of your                       information as ‘‘confidential.’’ Any                  respondents, including through the use


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                                                                                Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices                                            44869

                                                of automated collection techniques,                      610.65 (21 CFR 610.60 through 610.65).                   Under § 601.14, the content of
                                                when appropriate, and other forms of                     The estimate for these regulations is                 labeling required in 21 CFR
                                                information technology.                                  included in the estimate under                        201.100(d)(3) must be in electronic
                                                                                                         § 601.2(a) in table 1.                                format and in a form that FDA can
                                                General Licensing Provisions: Biologics                     Section 601.5(a) requires a                        process, review, and archive. This
                                                License Application, Changes to an                       manufacturer to submit to FDA notice of               requirement is in addition to the
                                                Approved Application, Labeling,                          its intention to discontinue manufacture              provisions of §§ 601.2(a) and 601.12(f).
                                                Revocation and Suspension,                               of a product or all products. Section                 The burden estimate for § 601.14 is
                                                Postmarketing Studies Status Reports,                    601.6(a) requires the manufacturer to                 minimal and included in the estimate
                                                and Form FDA 356h                                        notify selling agents and distributors                under §§ 601.2(a) (BLAs) and
                                                OMB Control No. 0910–0338—Extension                      upon suspension of its license, and                   601.12(f)(1) through (3) (labeling
                                                                                                         provide FDA of such notification.                     supplements and annual reports) in
                                                   Under section 351 of the Public                          Section 601.12(a)(2) requires,
                                                Health Services Act (the PHS Act) (42                                                                          table 1.
                                                                                                         generally, that the holder of an                         Section 601.45 requires applicants of
                                                U.S.C. 262), manufacturers of biological                 approved BLA must assess the effects of
                                                products must submit a license                                                                                 biological products for serious or life-
                                                                                                         a manufacturing change before                         threatening illnesses to submit to the
                                                application for FDA review and                           distributing a biological product made
                                                approval before marketing a biological                                                                         Agency for consideration, during the
                                                                                                         with the change. Section 601.12(a)(4)                 pre-approval review period, copies of all
                                                product in interstate commerce.                          requires, generally, that the applicant
                                                Licenses may be issued only upon                                                                               promotional materials, including
                                                                                                         must promptly revise all promotional                  promotional labeling as well as
                                                showing that the establishment and the                   labeling and advertising to make it
                                                products for which a license is desired                                                                        advertisements.
                                                                                                         consistent with any labeling changes                     In addition to §§ 601.2 and 601.12,
                                                meets standards prescribed in                            implemented. Section 601.12(a)(5)
                                                regulations designed to ensure the                                                                             there are other regulations in 21 CFR
                                                                                                         requires the applicant to include a list
                                                continued safety, purity, and potency of                                                                       parts 640, 660, and 680 that relate to
                                                                                                         of all changes contained in the
                                                such products. All such licenses are                                                                           information to be submitted in a license
                                                                                                         supplement or annual report; for
                                                issued, suspended, and revoked as                                                                              application or supplement for certain
                                                                                                         supplements, this list must be provided
                                                prescribed by regulations in part 601 (21                                                                      blood or allergenic products as follows:
                                                                                                         in the cover letter. The burden estimates
                                                CFR part 601).                                                                                                 §§ 640.6; 640.17; 640.21(c); 640.22(c);
                                                                                                         for § 601.12(a)(2) are included in the
                                                   Section 130(a) of the Food and Drug                                                                         640.25(c); 640.56(c); 640.64(c); 640.74(a)
                                                                                                         estimates for supplements (§§ 601.12(b)
                                                Administration Modernization Act (Pub.                                                                         and (b)(2); 660.51(a)(4); and
                                                                                                         and (c)) and annual reports
                                                L. 105–115) amended the Federal Food,                                                                          680.1(b)(2)(iii) and (d).
                                                                                                         (§ 601.12(d)). The burden estimates for
                                                Drug, and Cosmetic Act (the FD&C Act)                    § 601.12(a)(4) are included in the                       In table 1, the burden associated with
                                                by adding a new provision (section                       estimates under 601.12(f)(4) in table 1.              the information collection requirements
                                                506B of the FD&C Act (21 U.S.C. 356b))                      Sections 601.12(b)(1) and (3), (c)(1),             in the applicable regulations is included
                                                requiring reports of postmarketing                       (3), and (5), and (d)(1) and (3) require              in the burden estimate for §§ 601.2 and/
                                                studies for approved human drugs and                     applicants to follow specific procedures              or 601.12. A regulation may be listed
                                                licensed biological products. Section                    to submit information to FDA of any                   under more than one subsection of
                                                506B of the FD&C Act provides FDA                        changes, in the product, production                   § 601.12 due to the type of category
                                                with additional authority to monitor the                 process, quality controls, equipment,                 under which a change to an approved
                                                progress of postmarketing studies that                   facilities, or responsible personnel                  application may be submitted.
                                                applicants have made a commitment to                     established in an approved license                       There are also additional container
                                                conduct and requires the Agency to                       application. The appropriate procedure                and/or package labeling requirements
                                                make publicly available information                      depends on the potential for the change               for certain licensed biological products
                                                that pertains to the status of these                     to have a substantial, moderate, or                   including: § 640.74(b)(3) and (4) for
                                                studies. Under section 506B(a) of the                    minimal adverse effect on the identity,               Source Plasma Liquid; § 640.84(a) and
                                                FD&C Act, applicants that have                           strength, quality, purity, or potency of              (c) for Albumin; § 640.94(a) for Plasma
                                                committed to conduct a postmarketing                     the products as they may relate to the                Protein Fraction; § 660.2(c) for Antibody
                                                study for an approved human drug or                      safety or effectiveness of the product.               to Hepatitis B Surface Antigen;
                                                licensed biological product must submit                  Under § 601.12(b)(4), an applicant may                § 660.28(a), (b), and (c) for Blood
                                                to FDA a status report of the progress of                ask FDA to expedite its review of a                   Grouping Reagent; § 660.35(a), (c
                                                the study or the reasons for the failure                 supplement for public health reasons or               through g), and (i through m) for
                                                of the applicant to conduct the study.                   if a delay in making the change                       Reagent Red Blood Cells; § 660.45 for
                                                This report must be submitted within 1                   described in it would impose an                       Hepatitis B Surface Antigen; and
                                                year after the U.S. approval of the                      extraordinary hardship of the applicant.              § 660.55(a) and (b) for Anti-Human
                                                application and then annually until the                  The burden estimate for § 601.12(b)(4) is             Globulin. The burden associated with
                                                study is completed or terminated.                        minimal and included in the estimate                  the additional labeling requirements for
                                                   A summary of the collection of                        under § 601.12(b)(1) and (3) in table 1.              submission of a license application for
                                                information requirements follows:                           Section 601.12(e) requires applicants              these certain biological products is
                                                   Section 601.2(a) requires a                           to submit a protocol, or change to a                  minimal because the majority of the
                                                manufacturer of a biological product to                  protocol, as a supplement requiring                   burden is associated with the
                                                submit an application on forms                           FDA approval before distributing the                  requirements under §§ 610.60 through
sradovich on DSK3GDR082PROD with NOTICES




                                                prescribed for such purposes with                        product. Section 601.12(f)(1) through (3)             610.65 or 21 CFR 809.10. Therefore, the
                                                accompanying data and information,                       requires applicants to follow specific                burden estimates for these regulations
                                                including certain labeling information,                  procedures to report certain labeling                 are included in the estimate under
                                                to FDA for approval to market a product                  changes to FDA. Section 601.12(f)(4)                  §§ 610.60 through 610.65 in table 1. The
                                                in interstate commerce. The container                    requires applicants to report to FDA                  burden estimates associated with
                                                and package labeling requirements are                    advertising and promotional labeling                  § 809.10 are approved under OMB
                                                provided under §§ 610.60 through                         and any changes.                                      control number 0910–0485.


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                                                44870                           Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

                                                   Section 601.27(a) requires that                       application. Each annual postmarketing                the basis for the request and the
                                                applications for new biological products                 status report must be accompanied by a                supporting data.
                                                contain data that are adequate to assess                 completed transmittal Form FDA 2252                      Section 640.120 requires licensed
                                                the safety and effectiveness of the                      (Form FDA 2252 approved under OMB                     establishments to submit a request for
                                                biological product for the claimed                       control number 0910–0001). Under                      an exception or alternative to any
                                                indications in pediatric subpopulations,                 § 601.70(d), two copies of the annual                 requirement in the biologics regulations
                                                and to support dosing and                                report shall be submitted to FDA.                     regarding blood, blood components, or
                                                administration information. Section                         Sections 601.91 through 601.94                     blood products. For licensed
                                                601.27(b) provides that an applicant                     concern biological products for which                 establishments, a request for an
                                                may request a deferred submission of                     human efficacy studies are not ethical or             exception or alternative must be
                                                some or all assessments of safety and                    feasible. Section 601.91(b)(2) requires,              submitted in accordance with § 601.12;
                                                effectiveness required under § 601.27(a)                 in certain circumstances, such                        therefore, the burden estimate for
                                                until after licensing the product for use                postmarking restrictions as are needed                § 640.120 is included in the estimate
                                                in adults. Section 601.27(c) provides                    to ensure the safe use of the biological              under § 601.12(b) in table 1.
                                                that an applicant may request a full or                  product. Section 601.91(b)(3) requires                   Section 680.1(c) requires
                                                partial waiver of the requirements under                 applicants to prepare and provide                     manufacturers to update annually their
                                                § 601.27(a) with adequate justification.                 labeling with relevant information to                 license file with the list of source
                                                The burden estimates for § 601.27(a) are                 patients or potential patients for                    materials and the suppliers of the
                                                included in the burden estimate under                    biological products approved under part               materials. Section 680.1(b)(3)(iv)
                                                § 601.2(a) in table 1 since these                        601, subpart H, when human efficacy                   requires manufacturers to notify FDA
                                                regulations deal with information to be                  studies are not ethical or feasible (or               when certain diseases are detected in
                                                provided in an application.                              based on evidence of effectiveness from               source materials.
                                                   Section 601.28 requires sponsors of                   studies in animals). Section 601.93                      Sections 600.15(b) and 610.53(d)
                                                licensed biological products to submit                   provides that biological products                     require the submission of a request for
                                                the information in § 601.28(a), (b), and                 approved under subpart H are subject to               an exemption or modification regarding
                                                (c) to the Center for Biologics Evaluation               the postmarketing recordkeeping and                   the temperature requirements during
                                                and Research (CBER) or to the Center for                 safety reporting applicable to all                    shipment and from dating periods,
                                                Drug Evaluation and Research (CDER)                      approved biological products. Section                 respectively, for certain biological
                                                each year, within 60 days of the                         601.94 requires applicants under                      products. Section 606.110(b) (21 CFR
                                                anniversary date of approval of the                      subpart H to submit to the Agency for                 606.110(b)) requires the submission of a
                                                license. Section 601.28(a) requires                      consideration during preapproval                      request for approval to perform
                                                sponsors to submit to FDA a brief                        review period copies of all promotional               plasmapheresis of donors who do not
                                                summary stating whether labeling
                                                                                                         materials including promotional                       meet certain donor requirements for the
                                                supplements for pediatric use have been
                                                                                                         labeling as well as advertisements.                   collection of plasma containing rare
                                                submitted and whether new studies in
                                                                                                         Under §§ 601.91(b)(2) and 601.93, any                 antibodies. Under §§ 600.15(b),
                                                the pediatric population to support
                                                                                                         potential postmarketing reports and/or                610.53(d), and 606.110(b), a request for
                                                appropriate labeling for the pediatric
                                                                                                         recordkeeping burdens would be                        an exemption or modification to the
                                                population have been initiated. Section
                                                                                                         included under the adverse experience                 requirements would be submitted as a
                                                601.28(b) requires sponsors to submit to
                                                                                                         reporting (AER) requirements under 21                 supplement. Therefore, the burden
                                                FDA an analysis of available safety and
                                                                                                         CFR part 600 (OMB control number                      hours for any submissions under
                                                efficacy data in the pediatric population
                                                                                                         0910–0308). Therefore, any burdens                    §§ 600.15(b), 610.53(d), and 606.110(b)
                                                and changes proposed in the labeling
                                                based on this information. Section                       associated with these requirements                    are included in the estimates under
                                                601.28(c) requires sponsors to submit to                 would be reported under the AER                       § 601.12(b) in table 1.
                                                FDA a statement on the current status of                 information collection requirements                      In July 1997, FDA revised Form FDA
                                                any postmarketing studies in the                         (OMB control number 0910–0308). The                   356h ‘‘Application to Market a New
                                                pediatric population performed by, on                    burden estimate for § 601.91(b)(3) is                 Drug, Biologic, or an Antibiotic Drug for
                                                or behalf of, the applicant. If the                      included in the estimate under                        Human Use’’ to harmonize application
                                                postmarketing studies were required or                   §§ 610.60 through 610.65.                             procedures between CBER and CDER.
                                                agreed to, the status of these studies is                   Section 610.9(a) requires the                      The application form serves primarily as
                                                to be reported under § 601.70 rather                     applicant to present certain information,             a checklist for firms to gather and
                                                than under this section.                                 in the form of a license application or               submit certain information to FDA. As
                                                   Sections 601.33 through 601.35 clarify                supplement to the application, for a                  such, the form, now entitled
                                                the information to be submitted in an                    modification of any particular test                   ‘‘Application to Market a New or
                                                application to FDA to evaluate the                       method or manufacturing process or the                Abbreviated New Drug or Biologic for
                                                safety and effectiveness of                              conditions which it is conducted under                Human Use,’’ helps to ensure that the
                                                radiopharmaceuticals intended for in                     the biologics regulations. The burden                 application is complete and contains all
                                                vivo administration for diagnostic and                   estimate for § 610.9(a) is included in the            the necessary information so that delays
                                                monitoring use. The burden estimates                     estimate under §§ 601.2(a) and 601.12(b)              due to lack of information may be
                                                for §§ 601.33 through 601.35 are                         and (c) in table 1.                                   eliminated. In addition, the form
                                                included in the burden estimate under                       Under § 610.15(d), the Director of                 provides key information to FDA for
                                                § 601.2(a) in table 1 since these                        CBER or the Director of CDER may                      efficient handling and distribution to
sradovich on DSK3GDR082PROD with NOTICES




                                                regulations deal with information to be                  approve, as appropriate, a                            the appropriate staff for review. The
                                                provided in an application.                              manufacturer’s request for exceptions or              estimated burden hours for
                                                   Section 601.70(b) requires each                       alternatives to the regulation for                    nonbiological product submissions to
                                                applicant of a licensed biological                       constituent materials. Manufacturers                  CDER using FDA Form 356h are
                                                product to submit annually a report to                   seeking approval of an exception or                   approved under OMB control number
                                                FDA on the status of postmarketing                       alternative must submit a request in                  0910–0001 (an estimated 3,200
                                                studies for each approved product                        writing with a brief statement describing             submissions × 24 hours = 76,800 hours).


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                                                                                         Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices                                                                                                44871

                                                   For advertisements and promotional                                   (i.e., license applications, labeling and                                      advertising and promotional labeling
                                                labeling (e.g., circulars, package labels,                              other supplements, protocols,                                                  (which can include multiple pieces).
                                                container labels, etc.) and labeling                                    advertising and promotional labeling,                                          Based on information obtained from
                                                changes, manufacturers of licensed                                      notifications) for a particular product                                        FDA’s database system, there were an
                                                biological products may submit to CBER                                  received annually by FDA. The hours                                            estimated 11,676 submissions using
                                                or CDER Form FDA 2253. In August of                                     per response are based on information                                          Form FDA 2253 of advertising and
                                                1998, FDA revised and harmonized                                        provided by industry and past FDA                                              promotional labeling from 114
                                                Form FDA 2253 so the form may be                                        experience with the various                                                    respondents.
                                                used to transmit specimens of                                           submissions or notifications. The hours                                           Under §§ 601.28 and 601.70(b), FDA
                                                promotional labeling and                                                per response include the time estimated                                        estimates that it takes an applicant
                                                advertisements for biological products                                  to prepare the various submissions or                                          approximately 24 hours (8 hours per
                                                as well as for prescription drugs and                                   notifications to FDA, and, as applicable,                                      study × 3 studies) annually to gather,
                                                antibiotics. The revised, harmonized                                    the time required to fill out the                                              complete, and submit the appropriate
                                                form updates the information about the                                  appropriate form and collate the                                               information for each postmarketing
                                                types of promotional materials and the                                  documentation. Additional information                                          status report (approximately two to four
                                                codes that are used to clarify the type of                              regarding these estimates is provided                                          studies per report) and the accompanied
                                                advertisement or labeling submitted,                                    below as necessary.                                                            transmittal Form FDA 2252. Included in
                                                clarifies the intended audience for the                                    Under §§ 601.2 and 601.12, the                                              these 24 hours is the time necessary to
                                                advertisements or promotional labeling                                  estimated hours per response are based                                         prepare and submit two copies of the
                                                (e.g., consumers, professionals, news                                   on the average number of hours to                                              annual progress report of postmarketing
                                                services), and helps ensure that the                                    submit the various submissions. The                                            studies to FDA under § 601.70(d). For
                                                submission is complete. Form FDA 2253                                   estimated average number of hours is                                           FY 2015, there were 139 reports from 82
                                                can also be submitted electronically.                                   based on the range of hours to complete                                        respondents.
                                                Form FDA 2253 is approved under OMB                                     a very basic application or supplement
                                                                                                                                                                                                          Under § 610.15(d), FDA has received
                                                                                                                        and a complex application or
                                                control number 0910–0001.                                                                                                                              no submissions since the
                                                                                                                        supplement.
                                                   Respondents to this collection of                                       Under section 601.6(a), the total                                           implementation of the final rule in April
                                                information are manufacturers of                                        annual responses are based on FDA                                              2011. Therefore, FDA is estimating 1
                                                biological products. Under tables 1 and                                 estimates that establishments may notify                                       respondent and 1 annual request to
                                                2, the numbers of respondents are based                                 an average of 20 selling agents and                                            account for a possible submission to
                                                on the estimated annual number of                                       distributors of such suspension, and                                           CBER or CDER of a request for an
                                                manufacturers that submitted the                                        provide FDA of such notification. The                                          exception or alternative for constituent
                                                required information to FDA or the                                      number of respondents is based on the                                          materials under § 610.15(d).
                                                number of submissions FDA received in                                   estimated annual number of                                                        There were a total of 2,777
                                                fiscal year (FY) 2015. Based on                                         suspensions of a biologic license. In                                          amendments to an unapproved
                                                information obtained from FDA’s                                         table 1, FDA is estimating one in case                                         application or supplement and
                                                database systems, there are an estimated                                a suspension occurs.                                                           resubmissions submitted using Form
                                                391 licensed biologics manufacturers.                                      Under §§ 601.12(f)(4) and 601.45,                                           FDA 356h.
                                                The total annual responses are based on                                 manufacturers of biological products                                              FDA estimates the burden of this
                                                the estimated number of submissions                                     may use Form FDA 2253 to submit                                                collection of information as follows:

                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                      Number of                                                  Average
                                                                                                                                         Number of                                              Total annual
                                                              21 CFR section                              Form FDA No.                                              responses per                                              burden per                Total hours 10
                                                                                                                                        respondents                                              responses
                                                                                                                                                                      respondent                                                response

                                                601.2(a) 2, 610.60 through 610.65 3                     356h ...................                         28                       1.36                          38        860 .....................             32,680
                                                601.5(a) ...........................................    N/A .....................                        12                       0.75                           9        0.33 (20 minutes)                          3
                                                601.6(a) ...........................................    N/A .....................                         1                          1                           1        1 .........................                1
                                                601.12(a)(5) .....................................      N/A .....................                       537                      24.41                      13,108        1 .........................           13,108
                                                601.12(b)(1)/(b)(3)/(e) ......................          356h 2 .................                        164                       3.66                         600        80 .......................            48,000
                                                601.12(c)(1)/(c)(3) 5 .........................         356h 2 .................                        120                       4.78                         574        50 .......................            28,700
                                                601.12(c)(5) .....................................      356h 2 .................                          7                       1.14                           8        50 .......................               400
                                                601.12(d)(1)/(d)(3) 6/(f)(3) 8 ..............           356h 2 .................                        246                       3.34                         822        24 .......................            19,728
                                                601.12(f)(1) 7 ....................................     2253 ...................                         72                       1.93                         139        40 .......................             5,560
                                                601.12(f)(2) 7 ....................................     2253 ...................                         60                       1.82                         109        20 .......................             2,180
                                                601.12(f)(4)/601.45 9 ........................          2253 ...................                        114                     102.42                      11,676        10 .......................           116,670
                                                601.27(b) .........................................     N/A .....................                        20                      16.50                         330        24 .......................             7,920
                                                601.27(c) .........................................     N/A .....................                        12                       1.08                          13        8 .........................              104
                                                601.70(b) and (d)/601.28 ................               2252 ...................                         82                       1.70                         139        24 .......................             3,336
                                                610.15(d) .........................................     N/A .....................                         1                          1                           1        1 .........................                1
                                                680.1(c) ...........................................    N/A .....................                         9                          1                           9        2 .........................               18
                                                680.1(b)(3)(iv) ..................................      N/A .....................                         1                          1                           1        2 .........................                2
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                                                Amendments/Resubmissions ..........                     356h ...................                        125                      22.22                       2,777        20 .......................            55,540

                                                      Total .........................................   ............................   ........................     ........................   ........................   ............................         333,951
                                                   1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 The reporting requirements under §§ 601.14, 601.27(a), 601.33, 601.34, 601.35, 610.9(a), 640.17, 640.25(c),
                                                   640.56(c), 640.74(b)(2), 660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under § 601.2(a).
                                                   3 The reporting requirements under §§ 601.93(b)(3), 640.70(a), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a), (b), and
                                                (c), 660.35(a), (c through g), and (i through m), 660.45, and 660.55(a) and (b) are included under §§ 610.60 through 610.65.



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                                                44872                                    Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

                                                   4 The reporting requirements under §§ 601.12(a)(2) and (b)(4), 600.15(b), 610.9(a), 610.53(d), 606.110(b), 640.6, 640.17, 640.21(c), 640.22(c),
                                                640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), 640.120, and 680.1(d) are included in the estimate under § 601.12(b).
                                                   5 The reporting requirements under §§ 601.12(a)(2), 610.9(a), 640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate under
                                                § 601.12(c).
                                                   6 The reporting requirement under § 601.12(a)(2) is included in the estimate under § 601.12(d).
                                                   7 The reporting requirement under § 601.14 is included in the estimate under § 601.12(f)(1) and (2).
                                                   8 The reporting requirement under §§ 601.12(a)(4) and 601.14 is included in the estimate under § 601.12(f)(3).
                                                   9 The reporting requirement under § 601.94 is included in the estimate under § 601.45.
                                                   10 The numbers in this column have been rounded to the nearest whole number.




                                                  Under table 2, the estimated                                      recordkeeping requirements associated
                                                recordkeeping burden of 1 hour is based                             with the AER system.
                                                on previous estimates for the

                                                                                              TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                       Annual
                                                                                                                Number of            disclosures        Total annual                 Average burden
                                                                  21 CFR section                                                                                                                                      Total hours 2
                                                                                                               respondents               per            disclosures                   per disclosure
                                                                                                                                     respondent

                                                601.6(a) ..................................................         1                    20                    20        0.33 (20 minutes) ........................        7
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 Rounded     to the nearest whole number.


                                                  Dated: July 5, 2016.                                              to 6 p.m. Pickup of materials will begin                 starting interventions in childhood. The
                                                Leslie Kux,                                                         at 7:30 a.m.                                             literature suggests that myopia
                                                Associate Commissioner for Policy.                                  ADDRESSES: The public workshop will                      progression is most rapid between 6 and
                                                [FR Doc. 2016–16352 Filed 7–8–16; 8:45 am]                          be held at the FDA White Oak Campus,                     11 years of age and manipulating
                                                BILLING CODE 4164–01–P                                              10903 New Hampshire Ave., Bldg. 31,                      peripheral retinal image quality may be
                                                                                                                    Conference Center, the Great Room,                       a treatment strategy to control axial
                                                                                                                    (Rm. 1503), Silver Spring, MD, 20993.                    length and therefore the progression of
                                                DEPARTMENT OF HEALTH AND                                            Entrance for the public workshop                         myopia. The results of studies
                                                HUMAN SERVICES                                                      participants (non-FDA employees) is                      conducted with specialized contact
                                                                                                                    through Building 1 where routine                         lenses, both rigid and soft, have
                                                Food and Drug Administration                                        security check procedures will be                        indicated that this approach may reduce
                                                                                                                    performed. For parking and security                      the rate of myopic progression in
                                                [Docket No. FDA–2016–N–0001]                                        information, please refer to http://                     children. As research into myopia
                                                                                                                    www.fda.gov/AboutFDA/                                    control is continuing at a rapid pace,
                                                Controlling the Progression of Myopia:                                                                                       accompanying potential safety and
                                                                                                                    WorkingatFDA/BuildingsandFacilities/
                                                Contact Lenses and Future Medical                                                                                            effectiveness questions also have
                                                                                                                    WhiteOakCampusInformation/
                                                Devices; Public Workshop                                                                                                     emerged. To ensure that the studies
                                                                                                                    ucm241740.htm.
                                                AGENCY:       Food and Drug Administration,                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                             conducted provide information that can
                                                HHS.                                                                Michelle Tarver, Office of Device                        adequately inform the regulatory
                                                ACTION:      Notice of public workshop.                             Evaluation, Center for Devices and                       review, we are conducting a workshop
                                                                                                                    Radiological Health, Food and Drug                       to answer questions about the
                                                SUMMARY:   The Food and Drug                                        Administration, 10903 New Hampshire                      appropriate clinical trial design and
                                                Administration (FDA), in cosponsorship                              Ave., Bldg. 66, Rm. 2504, Silver Spring,                 outcomes for these devices.
                                                with the American Academy of                                        MD 20993, 301–796–6884.                                  II. Topics for Discussion at the Public
                                                Ophthalmology (AAO), American                                       SUPPLEMENTARY INFORMATION:                               Workshop
                                                Academy of Optometry (AAOpt),
                                                American Association for Pediatric                                  I. Background                                              Topics to be discussed at the public
                                                Ophthalmology and Strabismus                                           The prevalence of myopia in the                       workshop include, but are not limited to
                                                (AAPOS), American Optometric                                        United States has increased over the                     the following topics:
                                                Association (AOA), American Society of                              past decade with approximately 24                          • Myopia Demographics.
                                                Cataract and Refractive Surgery                                     percent (over 30 million) of adults over                   • Contact Lens Use and Safety in a
                                                (ASCRS), and Contact Lens Association                               40 years of age being affected. Recent                   Pediatric Population.
                                                of Ophthalmologists, Inc. (CLAO) is                                 studies have found the overall                             • Contact Lens Behaviors and
                                                announcing a public workshop entitled                               prevalence of myopia to be 1.2 percent                   Hygiene.
                                                ‘‘Controlling the Progression of Myopia:                            among non-Hispanic White children,                         • Studies Conducted on Myopia
                                                Contact Lenses and Future Medical                                   6.6 percent in African Americans, 3.7                    Control Devices and Their Challenges.
                                                Devices.’’ The purpose of this workshop                             percent in Hispanic, and 3.98 percent in                   • Regulation of Contact Lenses
sradovich on DSK3GDR082PROD with NOTICES




                                                is to discuss the increasing prevalence                             Asian children. Pathologic myopia is                     (Ref. 1).
                                                of myopia, as well as suggested clinical                            the third most frequent cause of                           • Patient/Caregiver Perspectives and
                                                trial design attributes for studies using                           blindness due to retinal detachments or                  the Role in Trial Design and Conduct
                                                contact lenses or other medical devices                             abnormal blood vessel growth. Given                      (Refs. 2 and 3).
                                                to control the progression of myopia.                               these potentially poor outcomes with                       We will also have a panel discussion
                                                DATES: The public workshop will be                                  high myopia, researchers have sought                     to address questions related to the
                                                held on September 30, 2016, from 8 a.m.                             ways to prevent its development by                       design of these clinical trials.


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Document Created: 2016-07-09 00:21:35
Document Modified: 2016-07-09 00:21:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit electronic or written comments on the collection of information by September 9, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation81 FR 44868 

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