82_FR_32963 82 FR 32827 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Animal Drug User Fee Act Waivers and Reductions

82 FR 32827 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Animal Drug User Fee Act Waivers and Reductions

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 136 (July 18, 2017)

Page Range32827-32828
FR Document2017-14998

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 82 Issue 136 (Tuesday, July 18, 2017)
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32827-32828]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14998]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-N-0037]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Animal Drug User Fee 
Act Waivers and Reductions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by August 
17, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0540. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

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

Animal Drug User Fees and Fee Waivers and Reductions OMB Control Number 
0910-0540--Extension

    Enacted on November 18, 2003, the Animal Drug User Fee Act (Pub. L. 
108-130) amended the Federal Food, Drug, and Cosmetic Act (the FD&C 
Act) by adding section 740 of the FD&C Act (21 U.S.C 379j-12), which 
requires that FDA assess and collect user fees with respect to new 
animal drug applications for certain applications, products, 
establishments, and sponsors. It also requires the Agency to grant a 
waiver from, or a reduction of, those fees in certain circumstances. 
Thus, to implement this statutory provision of ADUFA, FDA developed a 
guidance entitled ``Guidance for Industry: Animal Drug User Fees and 
Fee Waivers and Reductions.'' This document provides guidance on the 
types of fees FDA is authorized to collect under ADUFA, and how to 
request waivers and reductions from FDA's animal drug user fees. 
Further, this guidance also describes the types of fees and fee waivers 
and reductions; what information FDA recommends be submitted in support 
of a request for a fee waiver or reduction; how to submit such a 
request; and FDA's process for reviewing requests. FDA uses the 
information submitted by respondents to determine whether to grant the 
requested fee waiver or reduction.
    Respondents to this collection of information are new animal drug 
sponsors. Requests for waivers or reductions may be submitted by a 
person paying any of the animal drug user fees assessed, including 
application fees, product fees, establishment fees, or sponsor fees.
    In the  Federal Register of October 17, 2016 (81 FR 71506), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received no comments.
    FDA estimates the burden of this collection of information as 
follows:

[[Page 32828]]



                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
  FD&C act section/activity       Number of      responses per    Total annual    Average burden    Total hours
                                 respondents      respondent        responses      per response
----------------------------------------------------------------------------------------------------------------
740(d)(1)(A); significant                  55  1 time for each               55  2..............             110
 barrier to innovation.                         application.
740(d)(1)(B); fees exceed                   8  3.75............              30  .5 (30 minutes)              15
 cost.
740(d)(1)(C); free choice                   5  1 time for each                5  2..............              10
 feeds.                                         application.
740(d)(1)(D); minor use or                 69  1 time for each               69  2..............             138
 minor species.                                 application.
740(d)(1)(E); small business.               1  1 time for each                1  2..............               2
                                                application.
Request for reconsideration                 1  1 time for each                1  2..............               2
 of a decision.                                 application.
Request for review (user fee                0  1 time for each                0  0..............               0
 appeal officer).                               application.
                              ----------------------------------------------------------------------------------
    Total....................  ..............  ................  ..............  ...............             277
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on FDA's database system, from fiscal year (FY) 2014 to 2016 
there were an estimated 177 sponsors subject to ADUFA. However, not all 
sponsors will have any submissions in a given year and some may have 
multiple submissions. The total number of waiver requests is based on 
the average number of submission types received by FDA in FY 2014 to 
2016. The burden has not changed since the last OMB approval.

    Dated: July 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-14998 Filed 7-17-17; 8:45 am]
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                                                                                 Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices                                                    32827

                                                animal drug application for which                             collected to initiate the administrative                 In the Federal Register of October 21,
                                                payment is made. The form, when                               screening of new animal drug                           2016 (81 FR 72810), FDA published a
                                                completed electronically, will result in                      applications and supplements to                        60-day notice requesting public
                                                the generation of a unique payment                            determine whether the payment has                      comment on the proposed collection of
                                                identification number used by FDA to                          been received.                                         information. FDA received no
                                                track the payment. FDA’s Center for                             Description of Respondents:                          comments. FDA estimates the burden of
                                                Veterinary Medicine and FDA’s Office                          Respondents to this collection of                      this collection of information as follows:
                                                of Management will use the information                        information are new animal drug
                                                                                                              applicants.
                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                  Number of                             Average
                                                      FD&C act section/                                                         Number of                           Total annual
                                                                                                FDA form No.                                    responses per                         burden per       Total hours
                                                        description                                                            respondents                           responses
                                                                                                                                                  respondent                           response

                                                740(a)(1); Animal Drug User            FDA 3546 ...........................                21                  1                21                 1             21
                                                  Fee cover sheet.
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  The estimates in table 1 are based on                       information has been submitted to the                  respect to new animal drug applications
                                                our experience with new animal drug                           Office of Management and Budget                        for certain applications, products,
                                                applications and supplemental animal                          (OMB) for review and clearance under                   establishments, and sponsors. It also
                                                drug applications and the average                             the Paperwork Reduction Act of 1995.                   requires the Agency to grant a waiver
                                                number of Animal Drug User Fee cover                          DATES: Fax written comments on the                     from, or a reduction of, those fees in
                                                sheets submitted during fiscal years                          collection of information by August 17,                certain circumstances. Thus, to
                                                2013–2015. We estimate 21 respondents                         2017.                                                  implement this statutory provision of
                                                will each submit a cover sheet (Form                          ADDRESSES: To ensure that comments on                  ADUFA, FDA developed a guidance
                                                FDA 3546) for a total of 21 responses.                        the information collection are received,               entitled ‘‘Guidance for Industry: Animal
                                                We calculate a reporting burden of 1                          OMB recommends that written                            Drug User Fees and Fee Waivers and
                                                hour per response, for a total of 21                          comments be faxed to the Office of                     Reductions.’’ This document provides
                                                hours. The burden hours are increased.                        Information and Regulatory Affairs,                    guidance on the types of fees FDA is
                                                The overall increase in burden hours (by                      OMB, Attn: FDA Desk Officer, FAX:                      authorized to collect under ADUFA, and
                                                4 hours) is due to the normal variation                       202–395–7285, or emailed to oira_                      how to request waivers and reductions
                                                in the number of Animal Drug User Fee                         submission@omb.eop.gov. All                            from FDA’s animal drug user fees.
                                                cover sheets submitted to FDA.                                comments should be identified with the                 Further, this guidance also describes the
                                                  Dated: July 12, 2017.                                       OMB control number 0910–0540. Also                     types of fees and fee waivers and
                                                Anna K. Abram,                                                include the FDA docket number found                    reductions; what information FDA
                                                Deputy Commissioner for Policy, Planning,                     in brackets in the heading of this                     recommends be submitted in support of
                                                Legislation, and Analysis.                                    document.                                              a request for a fee waiver or reduction;
                                                [FR Doc. 2017–14997 Filed 7–17–17; 8:45 am]
                                                                                                                                                                     how to submit such a request; and
                                                                                                              FOR FURTHER INFORMATION CONTACT: Ila
                                                                                                                                                                     FDA’s process for reviewing requests.
                                                BILLING CODE 4164–01–P                                        S. Mizrachi, Office of Operations, Food                FDA uses the information submitted by
                                                                                                              and Drug Administration, Three White                   respondents to determine whether to
                                                                                                              Flint North, 10A63, 11601 Landsdown                    grant the requested fee waiver or
                                                DEPARTMENT OF HEALTH AND                                      St., North Bethesda, MD 20852, 301–
                                                HUMAN SERVICES                                                                                                       reduction.
                                                                                                              796–7726, PRAStaff@fda.hhs.gov.
                                                                                                                                                                        Respondents to this collection of
                                                Food and Drug Administration                                  SUPPLEMENTARY INFORMATION: In
                                                                                                                                                                     information are new animal drug
                                                                                                              compliance with 44 U.S.C. 3507, FDA                    sponsors. Requests for waivers or
                                                [Docket No. FDA–2007–N–0037]                                  has submitted the following proposed                   reductions may be submitted by a
                                                                                                              collection of information to OMB for                   person paying any of the animal drug
                                                Agency Information Collection                                 review and clearance.
                                                Activities; Submission for Office of                                                                                 user fees assessed, including application
                                                Management and Budget Review;                                 Animal Drug User Fees and Fee                          fees, product fees, establishment fees, or
                                                Comment Request; Animal Drug User                             Waivers and Reductions OMB Control                     sponsor fees.
                                                Fee Act Waivers and Reductions                                Number 0910–0540—Extension                                In the Federal Register of October 17,
                                                AGENCY:      Food and Drug Administration,                      Enacted on November 18, 2003, the                    2016 (81 FR 71506), FDA published a
                                                HHS.                                                          Animal Drug User Fee Act (Pub. L. 108–                 60-day notice requesting public
                                                                                                              130) amended the Federal Food, Drug,                   comment on the proposed collection of
                                                ACTION:   Notice.                                                                                                    information. FDA received no
                                                                                                              and Cosmetic Act (the FD&C Act) by
                                                SUMMARY:   The Food and Drug                                  adding section 740 of the FD&C Act (21                 comments.
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                                                Administration (FDA) is announcing                            U.S.C 379j–12), which requires that                       FDA estimates the burden of this
                                                that a proposed collection of                                 FDA assess and collect user fees with                  collection of information as follows:




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                                                32828                                   Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                       Number of                                                            Average
                                                                                                                       Number of                                                       Total annual
                                                             FD&C act section/activity                                                               responses per                                                        burden per                    Total hours
                                                                                                                      respondents                                                       responses
                                                                                                                                                       respondent                                                          response

                                                740(d)(1)(A); significant barrier to innovation                                          55     1 time for each appli-                                   55      2 ................................              110
                                                                                                                                                  cation.
                                                740(d)(1)(B); fees exceed cost .....................                                       8    3.75 ...........................                          30     .5 (30 minutes) ..........                       15
                                                740(d)(1)(C); free choice feeds ....................                                       5    1 time for each appli-                                     5     2 ................................               10
                                                                                                                                                  cation.
                                                740(d)(1)(D); minor use or minor species ....                                            69     1 time for each appli-                                   69      2 ................................              138
                                                                                                                                                  cation.
                                                740(d)(1)(E); small business ........................                                      1    1 time for each appli-                                     1     2 ................................                   2
                                                                                                                                                  cation.
                                                Request for reconsideration of a decision ....                                             1    1 time for each appli-                                     1     2 ................................                   2
                                                                                                                                                  cation.
                                                Request for review (user fee appeal officer)                                              0     1 time for each appli-                                      0    0 ................................                   0
                                                                                                                                                  cation.

                                                     Total .......................................................   ........................   ...................................   ........................    ...................................            277
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Based on FDA’s database system, from                                 ADDRESSES:   To ensure that comments on                                      an FDA-approved RDRC (§ 361.1(d)(7)).
                                                fiscal year (FY) 2014 to 2016 there were                                the information collection are received,                                     The type of research that may be
                                                an estimated 177 sponsors subject to                                    OMB recommends that written                                                  undertaken with a radiopharmaceutical
                                                ADUFA. However, not all sponsors will                                   comments be faxed to the Office of                                           drug must be intended to obtain basic
                                                have any submissions in a given year                                    Information and Regulatory Affairs,                                          information and not to carry out a
                                                and some may have multiple                                              OMB, Attn: FDA Desk Officer, FAX:                                            clinical trial for safety or efficacy. The
                                                submissions. The total number of                                        202–395–7285, or emailed to oira_                                            types of basic research permitted are
                                                waiver requests is based on the average                                 submission@omb.eop.gov. All                                                  specified in the regulation, and include
                                                number of submission types received by                                  comments should be identified with the                                       studies of metabolism, human
                                                FDA in FY 2014 to 2016. The burden                                      OMB control number 0910–0053. Also                                           physiology, pathophysiology, or
                                                has not changed since the last OMB                                      include the FDA docket number found                                          biochemistry.
                                                approval.                                                               in brackets in the heading of this                                              Section 361.1(c)(2) requires that each
                                                  Dated: July 12, 2017.                                                 document.                                                                    RDRC shall select a chairman, who shall
                                                Anna K. Abram,                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                                     sign all applications, minutes, and
                                                                                                                        Jonnalynn Capezutto, Office of                                               reports of the committee. Each
                                                Deputy Commissioner for Policy, Planning,
                                                Legislation, and Analysis.                                              Operations, Food and Drug                                                    committee shall meet at least once each
                                                                                                                        Administration, Three White Flint                                            quarter in which research activity has
                                                [FR Doc. 2017–14998 Filed 7–17–17; 8:45 am]
                                                                                                                        North, 10A63, 11601 Landsdown St.,                                           been authorized or conducted. Minutes
                                                BILLING CODE 4164–01–P
                                                                                                                        North Bethesda, MD 20852, 301–796–                                           shall be kept and shall include the
                                                                                                                        3794, PRAStaff@fda.hhs.gov.                                                  numerical results of votes on protocols
                                                DEPARTMENT OF HEALTH AND                                                                                                                             involving use in human subjects. Under
                                                                                                                        SUPPLEMENTARY INFORMATION: In                                                § 361.1(c)(3), each RDRC shall submit an
                                                HUMAN SERVICES                                                          compliance with 44 U.S.C. 3507, FDA                                          annual report to FDA. The annual report
                                                                                                                        has submitted the following proposed                                         shall include the names and
                                                Food and Drug Administration                                            collection of information to OMB for                                         qualifications of the members of, and of
                                                [Docket No. FDA–2010–N–0583]                                            review and clearance.                                                        any consultants used by, the RDRC,
                                                Agency Information Collection                                           Radioactive Drug Research Committees                                         using Form FDA 2914, and a summary
                                                Activities; Submission for Office of                                                                                                                 of each study conducted during the
                                                                                                                        OMB Control Number 0910–0053—                                                preceding year, using Form FDA 2915.
                                                Management and Budget Review;                                           Extension
                                                Comment Request; Radioactive Drug                                                                                                                       Under § 361.1(d)(5), each investigator
                                                Research Committees                                                       Under sections 201, 505, and 701 of                                        shall obtain the proper consent required
                                                                                                                        the Federal Food, Drug, and Cosmetic                                         under the regulations. Each female
                                                AGENCY:      Food and Drug Administration,                              Act (21 U.S.C. 321, 355, and 371), FDA                                       research subject of childbearing
                                                HHS.                                                                    has the authority to issue regulations                                       potential must state in writing that she
                                                ACTION:     Notice.                                                     governing the use of radioactive drugs                                       is not pregnant, or on the basis of a
                                                                                                                        for basic scientific research. Section                                       pregnancy test be confirmed as not
                                                SUMMARY:   The Food and Drug                                            361.1 (21 CFR 361.1) sets forth specific                                     pregnant.
                                                Administration (FDA or we) is                                           regulations regarding the establishment                                         Under § 361.1(d)(8), the investigator
                                                announcing that a proposed collection                                   and composition of Radioactive Drug                                          shall immediately report to the RDRC all
sradovich on DSK3GMQ082PROD with NOTICES




                                                of information has been submitted to the                                Research Committees (RDRCs) and their                                        adverse effects associated with use of
                                                Office of Management and Budget                                         role in approving and monitoring basic                                       the drug, and the committee shall then
                                                (OMB) for review and clearance under                                    research studies utilizing                                                   report to FDA all adverse reactions
                                                the Paperwork Reduction Act of 1995.                                    radiopharmaceuticals. No basic research                                      probably attributed to the use of the
                                                DATES: Fax written comments on the                                      study involving any administration of a                                      radioactive drug.
                                                collection of information by August 17,                                 radioactive drug to research subjects is                                        Section 361.1(f) sets forth labeling
                                                2017.                                                                   permitted without the authorization of                                       requirements for radioactive drugs.


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Document Created: 2018-10-24 11:23:43
Document Modified: 2018-10-24 11:23:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by August 17, 2017.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 32827 

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