82_FR_23676 82 FR 23578 - Agency Information Collection Activities; Proposed Collection; Comment Request; Providing Waiver-Related Materials in Accordance With the Guidance for Industry on Providing Post-Market Periodic Safety Reports in the International Conference on Harmonisation E2C(R2) Format

82 FR 23578 - Agency Information Collection Activities; Proposed Collection; Comment Request; Providing Waiver-Related Materials in Accordance With the Guidance for Industry on Providing Post-Market Periodic Safety Reports in the International Conference on Harmonisation E2C(R2) Format

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23578-23581
FR Document2017-10537

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 (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 associated with the Guidance ``Providing Post-market Periodic Safety Reports in the ICH E2C(R2) Format (Periodic Benefit-Risk Evaluation Report).''

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23578-23581]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10537]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0349]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Providing Waiver-Related Materials in Accordance With 
the Guidance for Industry on Providing Post-Market Periodic Safety 
Reports in the International Conference on Harmonisation E2C(R2) Format

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 
(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 associated 
with the Guidance ``Providing Post-market Periodic Safety Reports in 
the ICH E2C(R2) Format (Periodic Benefit-Risk Evaluation Report).''

DATES: Submit either electronic or written comments on the collection 
of information by July 24, 2017. Late, untimely filed comments will not 
be considered. Electronic comments must be submitted on or before July 
24, 2017. The https://www.regulations.gov electronic filing system will 
accept comments until midnight Eastern Time at the end of July 24, 
2017. Comments received by mail/hand delivery/courier (for written/
paper submissions) will be considered timely if they are postmarked or 
the delivery service acceptance receipt is on or before that date.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you

[[Page 23579]]

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-D-0349 for ``Providing Waiver-Related Materials in Accordance 
With the Guidance for Industry on Providing Post-market Periodic Safety 
Reports in the International Conference on Harmonisation E2C(R2) 
Format.'' Received comments, those filed in a timely manner (see 
DATES), will be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://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 https://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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
[email protected].

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

Providing Waiver-Related Materials in Accordance With the Guidance for 
Industry on Providing Post-Market Periodic Safety Reports in the 
International Conference on Harmonisation E2C(R2) Format (Periodic 
Benefit-Risk Evaluation Report), OMB Control Number 0910-0771--
Extension

    The International Conference on Harmonisation (ICH) of Technical 
Requirements for Registration of Pharmaceuticals for Human Use issued, 
on November 15, 2012, the ICH harmonized tripartite guideline entitled 
``Periodic Benefit-Risk Evaluation Report (PBRER) E2C(R2)'' (the PBRER 
guideline) (available at http://www.ich.org/products/guidelines/efficacy/article/efficacy-guidelines.html). The PBRER guideline is 
intended to promote a consistent approach to periodic post-marketing 
safety reporting among the ICH regions and to enhance efficiency by 
reducing the number of reports generated for submission to the 
regulatory authorities. The PBRER is intended to provide a common 
standard for periodic reporting on approved drugs or biologics among 
the ICH regions.
    FDA currently has OMB approval for the required submission of 
periodic adverse drug experience reports (PADER) for drugs subject to a 
new drug application (NDA) or an abbreviated new drug application 
(ANDA) (Sec.  [thinsp]314.80(c)(2) (21 CFR 314.80(c)(2)) (OMB control 
number 0910-0230), and for the required submission of periodic adverse 
experience reports (PAER) for drugs subject to a biologics license 
application (BLA) (Sec.  [thinsp]600.80(c)(2) (21 CFR 600.80(c)(2)) 
(OMB control number 0910-0308).
    There is considerable overlap in the information required under 
Sec. Sec.  [thinsp]314.80(c)(2) and 600.80(c)(2) and the information 
requested in a periodic safety report using the ICH E2C(R2) PBRER 
format. Applicants subject to periodic safety reporting requirements 
under FDA regulations could choose to continue to submit the reports as 
specified in those regulations, and would be permitted to submit 
reports in the PBRER format and submit reports as specified in FDA 
regulations with an approved waiver. Companies who submit periodic 
reports on the same drug to multiple regulators, including not only the 
United States, but, also the European Union, Japan, and regulators in 
other countries who have elected to adopt the ICH standards, may find 
it in their interest to prepare a single PBRER,

[[Page 23580]]

rather than preparing multiple types of reports for multiple 
regulators. As a result, FDA, in the Federal Register of November 29, 
2016 (81 FR 85976), announced the availability of the guidance for 
industry entitled ``Providing Post-marketing Periodic Safety Reports in 
the ICH E2C(R2) Format (Periodic Benefit-Risk Evaluation Report)'' to 
indicate its willingness to accept post-market periodic safety reports 
using the ICH PBRER format in lieu of the specific reports described in 
FDA regulations.
    Because FDA regulations in Sec. Sec.  [thinsp]314.80(c)(2) and 
600.80(c)(2) include specific requirements for periodic safety reports, 
in order for an applicant to submit an alternative report, such as the 
PBRER, for a given product, FDA must grant a waiver. Existing 
regulations permit applicants to request waivers of any post-marketing 
safety reporting requirement, and the information collections 
associated with such waiver requests generally are approved under 
existing control numbers. (See Sec.  [thinsp]314.90(a), waivers for 
drugs subject to NDAs and ANDAs, approved under OMB control number 
0910-0001, and Sec.  [thinsp]600.90(a), waivers for products subject to 
BLAs, approved under OMB control number 0910-0308.) The November 29, 
2016, guidance both explains conditions under which applicants that 
have previously received waivers to submit reporting information in the 
format of the previous ICH guidance would be permitted to apply those 
existing waivers to the submission of PBRERs, and also advises how 
applicants that have not previously obtained a waiver may submit waiver 
requests to submit the PBRER.
    There are information collections proposed in the November 29, 
2016, guidance that are related to waivers specifically to enable the 
submission of PBRERs, and these information collections are not already 
addressed under the approved control numbers covering waiver 
submissions and periodic safety reports generally. FDA has previously 
granted waiver requests, submitted under Sec. Sec.  [thinsp]314.90(a) 
and 600.90(a), that allow applicants to prepare and submit reports 
using the periodic safety update report (PSUR) format described in 
FDA's 1996 and 2004 ICH E2C guidance. In accordance with the 
recommendations of the November 29, 2016, guidance, if an applicant 
already has a PSUR waiver in place for a given approved application, 
FDA will consider the existing PSUR waiver to allow the applicant to 
submit a PBRER instead of a PSUR because the PBRER replaces the PSUR 
for post-marketing periodic safety reporting for that application. The 
applicant would not need to submit a new waiver request unless the 
applicant wishes to change the frequency of reporting. FDA will 
consider requests to be waived of the quarterly reporting requirement 
but will not waive applicants of the annual reporting requirement.
    If an applicant submits a PBRER in place of the PSUR and uses a 
different data lock point, the applicant should submit overlapping 
reports or submit a one-time PADER/PAER in order to cover the gap in 
reporting intervals. The applicant should submit notification to the 
application(s), indicating the change in data lock point and should 
include a description of the measures taken to ensure that there are no 
resulting gaps in reporting.
    If an applicant submits a PBRER in place of the PSUR and uses a 
different reporting frequency for the PBRER than was used for the PSUR, 
the continued validity of the waiver will be conditioned on the 
submission of a PADER/PAER as needed to fulfill the reporting frequency 
requirement under FDA regulations. The applicant should submit a 
notification to the application(s), describing this change and the 
measures taken to ensure that the periodicity requirements are being 
met.
    FDA expects approximately 187 waiver requests and notifications to 
include the additional information described previously in this 
document for using a different data lock point and/or for using a 
different reporting frequency when submitting a PBRER. FDA expects 
approximately 55 applicants to make these submissions, and we estimate 
that the time for submitting the additional information described 
previously would be on average approximately 1 hour for each waiver 
request or notification.
    If an applicant does not have a PSUR waiver in place for an 
approved application, the applicant may submit a waiver request under 
Sec.  [thinsp]314.90(a) or Sec.  [thinsp]600.90(a) to submit a PBRER 
instead of the PADER/PAER. The applicant should submit a request to FDA 
for each approved application for which a waiver is requested, and a 
single waiver request letter can include multiple applications. Waiver 
requests should be submitted to each of the application(s) in the 
request, and may be submitted electronically or by mail as described in 
the November 29, 2016, guidance. Each PBRER waiver request should 
include the following information:
     The product name(s) and application number(s);
     a brief description of the justification for the request;
     the U.S. approval date for the product(s) and current 
reporting interval used;
     the reporting interval of the last PADER/PAER submitted 
for the product(s); and
     the data lock point that will be used for each PBRER. If a 
data lock point other than one aligned to the U.S. approval date is 
proposed, the applicant should describe how he/she will ensure that 
there are no gaps in reporting intervals (e.g., by submitting 
overlapping reports; submitting a one-time PADER/PAER to cover the gap 
period; or, if the gap is less than 2 months, extending the reporting 
interval of the final PADER/PAER to close the gap).
     The frequency for submitting the PBRER, as described in 
section IV.C of the April 8, 2013, draft guidance.
     The email address and telephone number for the individual 
who can provide additional information regarding the waiver request.
    As explained earlier, existing regulations at Sec.  314.90(a) or 
600.90(a) permit applicants to request waivers of any post-marketing 
safety reporting requirement, and the information collections 
associated with such waiver requests generally are approved under OMB 
control numbers 0910-0001 and 0910-0308. FDA believes that the 
information submitted under numbers 1-4 and number 7 in the list in the 
previous paragraph is information that is typical of any waiver request 
regarding post-marketing safety reporting and is accounted for in the 
existing approved collections of information for waiver requests and 
reports. Concerning numbers 5 and 6, FDA expects approximately 67 
waiver requests to include the additional information for using a 
different data lock point and/or for using a different reporting 
frequency when submitting a PBRER. FDA expects approximately 29 
applicants to make these submissions, and we estimate that the time for 
submitting the additional information described in the previous 
paragraph would be on average approximately 2 hours for each waiver 
request.
    FDA estimates the additional burden of this collection of 
information as follows:

[[Page 23581]]



                                     Table 1--Estimated Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
  Additional information and/or
    notifications for using a        Number of       Number of     Total annual       Average
different data lock point and/or    respondents    responses per     responses      burden per      Total hours
a different reporting  frequency                    respondent                       response
----------------------------------------------------------------------------------------------------------------
Applicants that have a PSUR                   55             3.4             187               1             187
 waiver for an approved
 application....................
Applicants that do not have a                 29             2.3              67               2             134
 PSUR waiver for an approved
 application....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             321
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.


    Dated: May 18, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-10537 Filed 5-22-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                23578                                     Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

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

                                                701.3—Ingredients in order of predominance ...................                                            1,518                             21                  31,878                              1          31,878
                                                701.11—Statement of identity ...........................................                                  1,518                             24                  36,432                              1          36,432
                                                701.12—Name and place of business ..............................                                          1,518                             24                  36,432                              1          36,432
                                                701.13—Net quantity of contents ......................................                                    1,518                             24                  36,432                              1          36,432

                                                     Total ............................................................................    ........................   ..........................   ........................   ........................       141,174
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   The hour burden is the additional or                                   may redesign up to one-third of SKUs                                         extension of an existing collection of
                                                incremental time that establishments                                      per year. Therefore, we estimate that the                                    information, and to allow 60 days for
                                                need to design and print labeling that                                    number of disclosures per respondent                                         public comment in response to the
                                                includes the following required                                           will be 21 (31,878 SKUs) for § 701.3 and                                     notice. This notice solicits comments on
                                                elements: A declaration of ingredients                                    24 each (36,432 SKUs) for §§ 701.11,                                         the collection of information associated
                                                in decreasing order of predominance, a                                    701.12, and 701.13.                                                          with the Guidance ‘‘Providing Post-
                                                statement of the identity of the product,                                   We estimate that each of the required                                      market Periodic Safety Reports in the
                                                a specification of the name and place of                                  label elements may add approximately 1                                       ICH E2C(R2) Format (Periodic Benefit-
                                                business of the establishment, and a                                      hour to the label design process. We                                         Risk Evaluation Report).’’
                                                declaration of the net quantity of                                        base this estimate on the hour burdens                                       DATES: Submit either electronic or
                                                contents. These requirements increase                                     the Agency has previously estimated for                                      written comments on the collection of
                                                the time establishments need to design                                    food, drug, and medical device labeling                                      information by July 24, 2017. Late,
                                                labels because they increase the number                                   and on the Agency’s knowledge of                                             untimely filed comments will not be
                                                of label elements that establishments                                     cosmetic labeling. Therefore, we                                             considered. Electronic comments must
                                                must take into account when designing                                     estimate that the total hour burden on                                       be submitted on or before July 24, 2017.
                                                labels. These requirements do not                                         members of the public for this                                               The https://www.regulations.gov
                                                generate any recurring burden per label                                   information collection is 141,174 hours                                      electronic filing system will accept
                                                because establishments must already                                       per year.                                                                    comments until midnight Eastern Time
                                                print and affix labels to cosmetic                                          Dated: May 18, 2017.                                                       at the end of July 24, 2017. Comments
                                                products as part of normal business                                       Anna K. Abram,                                                               received by mail/hand delivery/courier
                                                practices.                                                                Deputy Commissioner for Policy, Planning,                                    (for written/paper submissions) will be
                                                   The estimated annual third party                                       Legislation, and Analysis.                                                   considered timely if they are
                                                disclosure is based on data available to                                  [FR Doc. 2017–10532 Filed 5–22–17; 8:45 am]                                  postmarked or the delivery service
                                                the Agency, our knowledge of and                                          BILLING CODE 4164–01–P                                                       acceptance receipt is on or before that
                                                experience with cosmetic labeling, and                                                                                                                 date.
                                                our communications with industry. We                                                                                                                   ADDRESSES: You may submit comments
                                                estimate there are 1,518 cosmetic                                         DEPARTMENT OF HEALTH AND                                                     as follows:
                                                product establishments in the United                                      HUMAN SERVICES
                                                States. We calculate label design costs                                                                                                                Electronic Submissions
                                                based on stock keeping units (SKUs)                                       Food and Drug Administration                                                   Submit electronic comments in the
                                                because each SKU has a unique product                                     [Docket No. FDA–2013–D–0349]                                                 following way:
                                                label. Based on data available to the                                                                                                                    • Federal eRulemaking Portal:
                                                Agency and on communications with                                         Agency Information Collection                                                https://www.regulations.gov. Follow the
                                                industry, we estimate that cosmetic                                       Activities; Proposed Collection;                                             instructions for submitting comments.
                                                establishments will offer 94,800 SKUs                                     Comment Request; Providing Waiver-                                           Comments submitted electronically,
                                                for retail sale in 2017. This corresponds                                 Related Materials in Accordance With                                         including attachments, to https://
                                                to an average of 62 SKUs per                                              the Guidance for Industry on Providing                                       www.regulations.gov will be posted to
                                                establishment.                                                            Post-Market Periodic Safety Reports in                                       the docket unchanged. Because your
                                                   One of the four provisions that we                                     the International Conference on                                              comment will be made public, you are
                                                discuss in this information collection,                                   Harmonisation E2C(R2) Format                                                 solely responsible for ensuring that your
                                                § 701.3, applies only to cosmetic                                         AGENCY:         Food and Drug Administration,                                comment does not include any
                                                products offered for retail sale.                                         HHS.                                                                         confidential information that you or a
                                                However, the other three provisions,                                                                                                                   third party may not wish to be posted,
                                                                                                                          ACTION:         Notice.
                                                §§ 701.11, 701.12, and 701.13, apply to                                                                                                                such as medical information, your or
                                                all cosmetic products, including non-                                     SUMMARY:  The Food and Drug                                                  anyone else’s Social Security number, or
                                                retail professional-use-only products.                                    Administration (FDA) is announcing an                                        confidential business information, such
                                                We estimate that including professional-                                  opportunity for public comment on the                                        as a manufacturing process. Please note
sradovich on DSK3GMQ082PROD with NOTICES




                                                use-only cosmetic products increases                                      proposed collection of certain                                               that if you include your name, contact
                                                the total number of SKUs by 15 percent                                    information by the Agency. Under the                                         information, or other information that
                                                to 109,020. This corresponds to an                                        Paperwork Reduction Act of 1995                                              identifies you in the body of your
                                                average of 72 SKUs per establishment.                                     (PRA), Federal Agencies are required to                                      comments, that information will be
                                                   Finally, based on the Agency’s                                         publish notice in the Federal Register                                       posted on https://www.regulations.gov.
                                                experience with other products, we                                        concerning each proposed collection of                                         • If you want to submit a comment
                                                estimate that cosmetic establishments                                     information, including each proposed                                         with confidential information that you


                                           VerDate Sep<11>2014       21:15 May 22, 2017          Jkt 241001       PO 00000       Frm 00058        Fmt 4703        Sfmt 4703      E:\FR\FM\23MYN1.SGM                23MYN1


                                                                               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                            23579

                                                do not wish to be made available to the                 applicable disclosure law. For more                   when appropriate, and other forms of
                                                public, submit the comment as a                         information about FDA’s posting of                    information technology.
                                                written/paper submission and in the                     comments to public dockets, see 80 FR
                                                                                                                                                              Providing Waiver-Related Materials in
                                                manner detailed (see ‘‘Written/Paper                    56469, September 18, 2015, or access
                                                                                                                                                              Accordance With the Guidance for
                                                Submissions’’ and ‘‘Instructions’’).                    the information at: https://www.gpo.gov/              Industry on Providing Post-Market
                                                Written/Paper Submissions                               fdsys/pkg/FR-2015-09-18/pdf/2015-                     Periodic Safety Reports in the
                                                                                                        23389.pdf.                                            International Conference on
                                                   Submit written/paper submissions as                     Docket: For access to the docket to
                                                follows:                                                                                                      Harmonisation E2C(R2) Format
                                                                                                        read background documents or the                      (Periodic Benefit-Risk Evaluation
                                                   • Mail/Hand delivery/Courier (for
                                                                                                        electronic and written/paper comments                 Report), OMB Control Number 0910–
                                                written/paper submissions): Division of
                                                                                                        received, go to https://                              0771—Extension
                                                Dockets Management (HFA–305), Food
                                                                                                        www.regulations.gov and insert the
                                                and Drug Administration, 5630 Fishers                                                                            The International Conference on
                                                                                                        docket number, found in brackets in the
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                          Harmonisation (ICH) of Technical
                                                   • For written/paper comments                         heading of this document, into the
                                                                                                                                                              Requirements for Registration of
                                                submitted to the Division of Dockets                    ‘‘Search’’ box and follow the prompts
                                                                                                                                                              Pharmaceuticals for Human Use issued,
                                                Management, FDA will post your                          and/or go to the Division of Dockets
                                                                                                                                                              on November 15, 2012, the ICH
                                                comment, as well as any attachments,                    Management, 5630 Fishers Lane, Rm.
                                                                                                                                                              harmonized tripartite guideline entitled
                                                except for information submitted,                       1061, Rockville, MD 20852.
                                                                                                                                                              ‘‘Periodic Benefit-Risk Evaluation
                                                marked and identified, as confidential,                 FOR FURTHER INFORMATION CONTACT:                      Report (PBRER) E2C(R2)’’ (the PBRER
                                                if submitted as detailed in                             Domini Bean, Office of Operations,                    guideline) (available at http://
                                                ‘‘Instructions.’’                                       Food and Drug Administration, Three                   www.ich.org/products/guidelines/
                                                   Instructions: All submissions received               White Flint North, 10A63, 11601                       efficacy/article/efficacy-
                                                must include the Docket No. FDA–                        Landsdown St., North Bethesda, MD                     guidelines.html). The PBRER guideline
                                                2013–D–0349 for ‘‘Providing Waiver-                     20852, 301–796–5733, PRAStaff@                        is intended to promote a consistent
                                                Related Materials in Accordance With                    fda.hhs.gov.                                          approach to periodic post-marketing
                                                the Guidance for Industry on Providing                                                                        safety reporting among the ICH regions
                                                Post-market Periodic Safety Reports in                  SUPPLEMENTARY INFORMATION:       Under the
                                                                                                                                                              and to enhance efficiency by reducing
                                                the International Conference on                         PRA (44 U.S.C. 3501–3520), Federal
                                                                                                                                                              the number of reports generated for
                                                Harmonisation E2C(R2) Format.’’                         Agencies must obtain approval from the
                                                                                                                                                              submission to the regulatory authorities.
                                                Received comments, those filed in a                     Office of Management and Budget
                                                                                                                                                              The PBRER is intended to provide a
                                                timely manner (see DATES), will be                      (OMB) for each collection of
                                                                                                                                                              common standard for periodic reporting
                                                placed in the docket and, except for                    information they conduct or sponsor.
                                                                                                                                                              on approved drugs or biologics among
                                                those submitted as ‘‘Confidential                       ‘‘Collection of information’’ is defined              the ICH regions.
                                                Submissions,’’ publicly viewable at                     in 44 U.S.C. 3502(3) and 5 CFR                           FDA currently has OMB approval for
                                                https://www.regulations.gov or at the                   1320.3(c) and includes Agency requests                the required submission of periodic
                                                Division of Dockets Management                          or requirements that members of the                   adverse drug experience reports
                                                between 9 a.m. and 4 p.m., Monday                       public submit reports, keep records, or               (PADER) for drugs subject to a new drug
                                                through Friday.                                         provide information to a third party.                 application (NDA) or an abbreviated
                                                   • Confidential Submissions—To                        Section 3506(c)(2)(A) of the PRA (44                  new drug application (ANDA)
                                                submit a comment with confidential                      U.S.C. 3506(c)(2)(A)) requires Federal                (§ 314.80(c)(2) (21 CFR 314.80(c)(2))
                                                information that you do not wish to be                  Agencies to provide a 60-day notice in                (OMB control number 0910–0230), and
                                                made publicly available, submit your                    the Federal Register concerning each                  for the required submission of periodic
                                                comments only as a written/paper                        proposed collection of information,                   adverse experience reports (PAER) for
                                                submission. You should submit two                       including each proposed extension of an               drugs subject to a biologics license
                                                copies total. One copy will include the                 existing collection of information,                   application (BLA) (§ 600.80(c)(2) (21
                                                information you claim to be confidential                before submitting the collection to OMB               CFR 600.80(c)(2)) (OMB control number
                                                with a heading or cover note that states                for approval. To comply with this                     0910–0308).
                                                ‘‘THIS DOCUMENT CONTAINS                                requirement, FDA is publishing notice                    There is considerable overlap in the
                                                CONFIDENTIAL INFORMATION.’’ The                         of the proposed collection of                         information required under
                                                Agency will review this copy, including                 information set forth in this document.               §§ 314.80(c)(2) and 600.80(c)(2) and the
                                                the claimed confidential information, in                   With respect to the following                      information requested in a periodic
                                                its consideration of comments. The                      collection of information, FDA invites                safety report using the ICH E2C(R2)
                                                second copy, which will have the                        comments on these topics: (1) Whether                 PBRER format. Applicants subject to
                                                claimed confidential information                        the proposed collection of information                periodic safety reporting requirements
                                                redacted/blacked out, will be available                 is necessary for the proper performance               under FDA regulations could choose to
                                                for public viewing and posted on                        of FDA’s functions, including whether                 continue to submit the reports as
                                                https://www.regulations.gov. Submit                     the information will have practical                   specified in those regulations, and
                                                both copies to the Division of Dockets                  utility; (2) the accuracy of FDA’s                    would be permitted to submit reports in
                                                Management. If you do not wish your                     estimate of the burden of the proposed                the PBRER format and submit reports as
                                                name and contact information to be                      collection of information, including the              specified in FDA regulations with an
                                                made publicly available, you can                        validity of the methodology and                       approved waiver. Companies who
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                                                provide this information on the cover                   assumptions used; (3) ways to enhance                 submit periodic reports on the same
                                                sheet and not in the body of your                       the quality, utility, and clarity of the              drug to multiple regulators, including
                                                comments and you must identify this                     information to be collected; and (4)                  not only the United States, but, also the
                                                information as ‘‘confidential.’’ Any                    ways to minimize the burden of the                    European Union, Japan, and regulators
                                                information marked as ‘‘confidential’’                  collection of information on                          in other countries who have elected to
                                                will not be disclosed except in                         respondents, including through the use                adopt the ICH standards, may find it in
                                                accordance with 21 CFR 10.20 and other                  of automated collection techniques,                   their interest to prepare a single PBRER,


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                                                23580                          Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

                                                rather than preparing multiple types of                 a PBRER instead of a PSUR because the                 PBRER waiver request should include
                                                reports for multiple regulators. As a                   PBRER replaces the PSUR for post-                     the following information:
                                                result, FDA, in the Federal Register of                 marketing periodic safety reporting for                  • The product name(s) and
                                                November 29, 2016 (81 FR 85976),                        that application. The applicant would                 application number(s);
                                                announced the availability of the                       not need to submit a new waiver request                  • a brief description of the
                                                guidance for industry entitled                          unless the applicant wishes to change                 justification for the request;
                                                ‘‘Providing Post-marketing Periodic                     the frequency of reporting. FDA will                     • the U.S. approval date for the
                                                Safety Reports in the ICH E2C(R2)                       consider requests to be waived of the                 product(s) and current reporting interval
                                                Format (Periodic Benefit-Risk                           quarterly reporting requirement but will              used;
                                                Evaluation Report)’’ to indicate its                    not waive applicants of the annual                       • the reporting interval of the last
                                                willingness to accept post-market                       reporting requirement.                                PADER/PAER submitted for the
                                                periodic safety reports using the ICH                      If an applicant submits a PBRER in                 product(s); and
                                                PBRER format in lieu of the specific                    place of the PSUR and uses a different
                                                                                                                                                                 • the data lock point that will be used
                                                reports described in FDA regulations.                   data lock point, the applicant should
                                                   Because FDA regulations in                                                                                 for each PBRER. If a data lock point
                                                                                                        submit overlapping reports or submit a
                                                §§ 314.80(c)(2) and 600.80(c)(2) include                                                                      other than one aligned to the U.S.
                                                                                                        one-time PADER/PAER in order to cover
                                                specific requirements for periodic safety                                                                     approval date is proposed, the applicant
                                                                                                        the gap in reporting intervals. The
                                                reports, in order for an applicant to                                                                         should describe how he/she will ensure
                                                                                                        applicant should submit notification to
                                                submit an alternative report, such as the                                                                     that there are no gaps in reporting
                                                                                                        the application(s), indicating the change
                                                PBRER, for a given product, FDA must                                                                          intervals (e.g., by submitting
                                                                                                        in data lock point and should include a
                                                grant a waiver. Existing regulations                                                                          overlapping reports; submitting a one-
                                                                                                        description of the measures taken to
                                                permit applicants to request waivers of                                                                       time PADER/PAER to cover the gap
                                                                                                        ensure that there are no resulting gaps
                                                any post-marketing safety reporting                                                                           period; or, if the gap is less than 2
                                                                                                        in reporting.
                                                requirement, and the information                           If an applicant submits a PBRER in                 months, extending the reporting interval
                                                collections associated with such waiver                 place of the PSUR and uses a different                of the final PADER/PAER to close the
                                                requests generally are approved under                   reporting frequency for the PBRER than                gap).
                                                existing control numbers. (See                          was used for the PSUR, the continued                     • The frequency for submitting the
                                                § 314.90(a), waivers for drugs subject to               validity of the waiver will be                        PBRER, as described in section IV.C of
                                                NDAs and ANDAs, approved under                          conditioned on the submission of a                    the April 8, 2013, draft guidance.
                                                OMB control number 0910–0001, and                       PADER/PAER as needed to fulfill the                      • The email address and telephone
                                                § 600.90(a), waivers for products subject               reporting frequency requirement under                 number for the individual who can
                                                to BLAs, approved under OMB control                     FDA regulations. The applicant should                 provide additional information
                                                number 0910–0308.) The November 29,                     submit a notification to the                          regarding the waiver request.
                                                2016, guidance both explains conditions                 application(s), describing this change                   As explained earlier, existing
                                                under which applicants that have                        and the measures taken to ensure that                 regulations at § 314.90(a) or 600.90(a)
                                                previously received waivers to submit                   the periodicity requirements are being                permit applicants to request waivers of
                                                reporting information in the format of                  met.                                                  any post-marketing safety reporting
                                                the previous ICH guidance would be                         FDA expects approximately 187                      requirement, and the information
                                                permitted to apply those existing                       waiver requests and notifications to                  collections associated with such waiver
                                                waivers to the submission of PBRERs,                    include the additional information                    requests generally are approved under
                                                and also advises how applicants that                    described previously in this document                 OMB control numbers 0910–0001 and
                                                have not previously obtained a waiver                   for using a different data lock point and/            0910–0308. FDA believes that the
                                                may submit waiver requests to submit                    or for using a different reporting                    information submitted under numbers
                                                the PBRER.                                              frequency when submitting a PBRER.                    1–4 and number 7 in the list in the
                                                   There are information collections                    FDA expects approximately 55                          previous paragraph is information that
                                                proposed in the November 29, 2016,                      applicants to make these submissions,                 is typical of any waiver request
                                                guidance that are related to waivers                    and we estimate that the time for                     regarding post-marketing safety
                                                specifically to enable the submission of                submitting the additional information                 reporting and is accounted for in the
                                                PBRERs, and these information                           described previously would be on                      existing approved collections of
                                                collections are not already addressed                   average approximately 1 hour for each                 information for waiver requests and
                                                under the approved control numbers                      waiver request or notification.                       reports. Concerning numbers 5 and 6,
                                                covering waiver submissions and                            If an applicant does not have a PSUR               FDA expects approximately 67 waiver
                                                periodic safety reports generally. FDA                  waiver in place for an approved                       requests to include the additional
                                                has previously granted waiver requests,                 application, the applicant may submit a               information for using a different data
                                                submitted under §§ 314.90(a) and                        waiver request under § 314.90(a) or                   lock point and/or for using a different
                                                600.90(a), that allow applicants to                     § 600.90(a) to submit a PBRER instead                 reporting frequency when submitting a
                                                prepare and submit reports using the                    of the PADER/PAER. The applicant                      PBRER. FDA expects approximately 29
                                                periodic safety update report (PSUR)                    should submit a request to FDA for each               applicants to make these submissions,
                                                format described in FDA’s 1996 and                      approved application for which a                      and we estimate that the time for
                                                2004 ICH E2C guidance. In accordance                    waiver is requested, and a single waiver              submitting the additional information
                                                with the recommendations of the                         request letter can include multiple                   described in the previous paragraph
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                                                November 29, 2016, guidance, if an                      applications. Waiver requests should be               would be on average approximately 2
                                                applicant already has a PSUR waiver in                  submitted to each of the application(s)               hours for each waiver request.
                                                place for a given approved application,                 in the request, and may be submitted                     FDA estimates the additional burden
                                                FDA will consider the existing PSUR                     electronically or by mail as described in             of this collection of information as
                                                waiver to allow the applicant to submit                 the November 29, 2016, guidance. Each                 follows:




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                                                                                            Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices                                                                                              23581

                                                                                                                       TABLE 1—ESTIMATED REPORTING BURDEN 1
                                                    Additional information and/or notifications for using a                                                                Number of                                                Average
                                                                                                                                                Number of                                            Total annual
                                                     different data lock point and/or a different reporting                                                              responses per                                            burden per              Total hours
                                                                                                                                               respondents                                            responses
                                                                           frequency                                                                                       respondent                                              response

                                                Applicants that have a PSUR waiver for an approved ap-
                                                  plication ............................................................................                          55                        3.4                       187                            1             187
                                                Applicants that do not have a PSUR waiver for an ap-
                                                  proved application ............................................................                                 29                        2.3                         67                           2             134

                                                       Total ..............................................................................   ........................   ........................   ........................   ........................            321
                                                   1   There are no capital or operating and maintenance costs associated with the information collection.


                                                  Dated: May 18, 2017.                                                      the instructions for submitting                                             of Dockets Management between 9 a.m.
                                                Anna K. Abram,                                                              comments. Comments submitted                                                and 4 p.m., Monday through Friday.
                                                Deputy Commissioner for Policy, Planning,                                   electronically, including attachments, to                                      • Confidential Submissions—To
                                                Legislation, and Analysis.                                                  https://www.regulations.gov/ will be                                        submit a comment with confidential
                                                [FR Doc. 2017–10537 Filed 5–22–17; 8:45 am]                                 posted to the docket unchanged.                                             information that you do not wish to be
                                                BILLING CODE 4164–01–P                                                      Because your comment will be made                                           made publicly available, submit your
                                                                                                                            public, you are solely responsible for                                      comments only as a written/paper
                                                                                                                            ensuring that your comment does not                                         submission. You should submit two
                                                DEPARTMENT OF HEALTH AND                                                    include any confidential information                                        copies total. One copy will include the
                                                HUMAN SERVICES                                                              that you or a third party may not wish                                      information you claim to be confidential
                                                                                                                            to be posted, such as medical                                               with a heading or cover note that states
                                                Food and Drug Administration                                                information, your or anyone else’s                                          ‘‘THIS DOCUMENT CONTAINS
                                                [Docket No. FDA–2014–N–0222]                                                Social Security number, or confidential                                     CONFIDENTIAL INFORMATION.’’ The
                                                                                                                            business information, such as a                                             Agency will review this copy, including
                                                Agency Information Collection                                               manufacturing process. Please note that                                     the claimed confidential information, in
                                                Activities; Proposed Collection;                                            if you include your name, contact                                           its consideration of comments. The
                                                Comment Request; Guidance for                                               information, or other information that                                      second copy, which will have the
                                                Industry—User Fee Waivers,                                                  identifies you in the body of your                                          claimed confidential information
                                                Reductions, and Refunds for Drug and                                        comments, that information will be                                          redacted/blacked out, will be available
                                                Biological Products                                                         posted on https://www.regulations.gov/.                                     for public viewing and posted on
                                                                                                                            If you want to submit a comment with                                        https://www.regulations.gov/. Submit
                                                AGENCY:        Food and Drug Administration,                                confidential information that you do not                                    both copies to the Division of Dockets
                                                HHS.                                                                        wish to be made available to the public,                                    Management. If you do not wish your
                                                ACTION:       Notice.                                                       submit the comment as a written/paper                                       name and contact information to be
                                                                                                                            submission and in the manner detailed                                       made publicly available, you can
                                                SUMMARY:   The Food and Drug                                                (see ‘‘Written/Paper Submissions’’ and                                      provide this information on the cover
                                                Administration (FDA or Agency) is                                           ‘‘Instructions’’).                                                          sheet and not in the body of your
                                                announcing an opportunity for public                                                                                                                    comments and you must identify this
                                                comment on the proposed collection of                                       Written/Paper Submissions
                                                                                                                                                                                                        information as ‘‘confidential.’’ Any
                                                certain information by the Agency.                                             Submit written/paper submissions as                                      information marked as ‘‘confidential’’
                                                Under the Paperwork Reduction Act of                                        follows:                                                                    will not be disclosed except in
                                                1995 (PRA), Federal Agencies are                                               • Mail/Hand delivery/Courier (for                                        accordance with 21 CFR 10.20 and other
                                                required to publish notice in the                                           written/paper submissions): Division of                                     applicable disclosure law. For more
                                                Federal Register concerning each                                            Dockets Management (HFA–305), Food                                          information about FDA’s posting of
                                                proposed collection of information,                                         and Drug Administration, 5630 Fishers                                       comments to public dockets, see 80 FR
                                                including each proposed extension of an                                     Lane, Rm. 1061, Rockville, MD 20852.                                        56469, September 18, 2015, or access
                                                existing collection of information, and                                        • For written/paper comments                                             the information at: https://www.gpo.gov/
                                                to allow 60 days for public comment in                                      submitted to the Division of Dockets                                        fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                response to the notice. This notice                                         Management, FDA will post your                                              23389.pdf.
                                                solicits comments on recommendations                                        comment, as well as any attachments,                                           Docket: For access to the docket to
                                                to applicants considering whether to                                        except for information submitted,                                           read background documents or the
                                                request a waiver or reduction in user                                       marked and identified, as confidential,                                     electronic and written/paper comments
                                                fees.                                                                       if submitted as detailed in                                                 received, go to https://
                                                DATES:  Submit either electronic or                                         ‘‘Instructions.’’                                                           www.regulations.gov/ and insert the
                                                written comments on the collection of                                          Instructions: All submissions received                                   docket number, found in brackets in the
                                                information by July 24, 2017.                                               must include the Docket No. FDA–                                            heading of this document, into the
                                                                                                                            2014–N–0222 for ‘‘User Fee Waivers,                                         ‘‘Search’’ box and follow the prompts
sradovich on DSK3GMQ082PROD with NOTICES




                                                ADDRESSES: You may submit comments
                                                as follows:                                                                 Reductions, and Refunds for Drug and                                        and/or go to the Division of Dockets
                                                                                                                            Biological Products.’’ Received                                             Management, 5630 Fishers Lane, Rm.
                                                Electronic Submissions                                                      comments will be placed in the docket                                       1061, Rockville, MD 20852.
                                                  Submit electronic comments in the                                         and, except for those submitted as                                          FOR FURTHER INFORMATION CONTACT:
                                                following way:                                                              ‘‘Confidential Submissions,’’ publicly                                      JonnaLynn Capezzuto, Office of
                                                  • Federal eRulemaking Portal:                                             viewable at https://                                                        Operations, Food and Drug
                                                https://www.regulations.gov/. Follow                                        www.regulations.gov/ or at the Division                                     Administration, Three White Flint


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Document Created: 2017-05-23 02:14:49
Document Modified: 2017-05-23 02:14:49
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 either electronic or written comments on the collection of information by July 24, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before July 24, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of July 24, 2017. Comments received by mail/hand delivery/courier (for written/ paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation82 FR 23578 

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