82_FR_32972 82 FR 32836 - Agency Information Collection Activities; Proposed Collection; Comment Request; Adverse Experience Reporting for Licensed Biological Products; and General Records

82 FR 32836 - Agency Information Collection Activities; Proposed Collection; Comment Request; Adverse Experience Reporting for Licensed Biological Products; and General Records

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range32836-32838
FR Document2017-15004

The Food and Drug Administration (FDA or Agency) 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 proposed extension of the collection of information concerning requirements relating to FDA's Adverse Experience Reporting System (FAERS) for licensed biological products, and general records associated with the manufacture and distribution of biological products.

Federal Register, Volume 82 Issue 136 (Tuesday, July 18, 2017)
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32836-32838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15004]



[[Page 32836]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0231]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Adverse Experience Reporting for Licensed Biological 
Products; and General Records

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) 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 proposed extension of the collection of 
information concerning requirements relating to FDA's Adverse 
Experience Reporting System (FAERS) for licensed biological products, 
and general records associated with the manufacture and distribution of 
biological products.

DATES: Submit either electronic or written comments on the collection 
of information by September 18, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before September 18, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of September 18, 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.

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 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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2011-N-0231 for ``Adverse Experience Reporting for Licensed 
Biological Products; and General Records.'' Received comments, those 
filed in a timely manner (see ADDRESSES), will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff 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 Dockets Management Staff. 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 Dockets Management Staff, 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

[[Page 32837]]

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.
Adverse Experience Reporting for Licensed Biological Products; and 
General Records--21 CFR Part 600
OMB Control Number 0910-0308--Extension
    Under the Public Health Service Act (42 U.S.C. 262), FDA may only 
approve a biologics license application for a biological product that 
is safe, pure, and potent. When a biological product is approved and 
enters the market, the product is introduced to a larger patient 
population in settings different from clinical trials. New information 
generated during the postmarketing period offers further insight into 
the benefits and risks of the product, and evaluation of this 
information is important to ensure its safe use. FDA issued the Adverse 
Experience Reporting (AER) requirements in part 600 (21 CFR part 600) 
to enable FDA to take actions necessary for the protection of the 
public health in response to reports of adverse experiences related to 
licensed biological products. The primary purpose of FDA's AERS is to 
identify potentially serious safety problems with licensed biological 
products. Although premarket testing discloses a general safety profile 
of a biological product's comparatively common adverse effects, the 
larger and more diverse patient populations exposed to the licensed 
biological product provides the opportunity to collect information on 
rare, latent, and long-term effects. In addition, production and/or 
distribution problems have contaminated biological products in the 
past. AER reports are obtained from a variety of sources, including 
manufacturers, patients, physicians, foreign regulatory agencies, and 
clinical investigators. Identification of new and unexpected safety 
issues through the analysis of the data in AERS contributes directly to 
increased public health protection. For example, evaluation of these 
safety issues enables FDA to take focused regulatory action. Such 
action may include, but is not limited to, important changes to the 
product's labeling (such as adding a new warning), coordination with 
manufacturers to ensure adequate corrective action is taken, and 
removal of a biological product from the market when necessary.
    Section 600.80(c)(1) requires licensed manufacturers or any person 
whose name appears on the label of a licensed biological product to 
report each adverse experience that is both serious and unexpected, 
whether foreign or domestic, as soon as possible but in no case later 
than 15 calendar days of initial receipt of the information by the 
licensed manufacturer. These reports are known as postmarketing 15-day 
Alert reports. This section also requires licensed manufacturers to 
submit any followup reports within 15 calendar days of receipt of new 
information or as requested by FDA, and if additional information is 
not obtainable, to maintain records of the unsuccessful steps taken to 
seek additional information. In addition, this section requires that a 
person who submits an adverse action report to the licensed 
manufacturer rather than to FDA, maintain a record of this action. 
Section 600.80(e) requires licensed manufacturers to submit a 15-day 
Alert report for an adverse experience obtained from a postmarketing 
clinical study only if the licensed manufacturer concludes that there 
is a reasonable possibility that the product caused the adverse 
experience. Section 600.80(c)(2) requires licensed manufacturers to 
report each adverse experience not reported in a postmarketing 15-day 
Alert report at quarterly intervals, for 3 years from the date of 
issuance of the biologics license, and then at annual intervals. The 
majority of these periodic reports are submitted annually, since a 
large percentage of currently licensed biological products have been 
licensed longer than 3 years. Section 600.80(k) requires licensed 
manufacturers to maintain for a period of 10 years records of all 
adverse experiences known to the licensed manufacturer, including raw 
data and any correspondence relating to the adverse experiences. 
Section 600.81 requires licensed manufacturers to submit, at an 
interval of every 6 months, information about the quantity of the 
product distributed under the biologics license, including the quantity 
distributed to distributors. These distribution reports provide FDA 
with important information about products distributed under biologics 
licenses, including the quantity, certain lot numbers, labeled date of 
expiration, the fill lot numbers for the total number of dosage units 
of each strength or potency distributed (e.g., 50,000 per 10-milliliter 
vials), and date of release. FDA may require the licensed manufacturer 
to submit distribution reports under this section at times other than 
every 6 months. Under Sec.  600.82(a), an applicant of a biological 
product or blood and blood component must notify FDA of a permanent 
discontinuance of manufacture or an interruption in manufacturing or 
disruption in supply, as applicable. Under Sec. Sec.  600.80(h)(2) and 
600.81(b)(2), a licensed manufacturer may request a temporary waiver 
for the requirements under Sec. Sec.  600.80(h)(1) and 600.80(b)(1), 
respectively. Requests for waivers must be submitted in accordance with 
Sec.  600.90. Under Sec.  600.90, a licensed manufacturer may submit a 
waiver request for any requirements that apply to the licensed 
manufacturer under Sec. Sec.  600.80 and 600.81. A waiver request 
submitted under Sec.  600.90 must include supporting documentation.
    Manufacturers of biological products for human use must keep 
records of each step in the manufacture and distribution of a product, 
including any recalls. These recordkeeping requirements serve 
preventative and remedial purposes by establishing accountability and 
traceability in the manufacture and distribution of products. These 
requirements also enable FDA to perform meaningful inspections. Section 
600.12 requires, among other things, that records be made concurrently 
with the performance of each step in the manufacture and distribution 
of products. These records must be retained for no less than 5 years 
after the records of manufacture have been completed or 6 months after 
the latest expiration date for the individual product, whichever 
represents a later date. In addition, under Sec.  600.12, manufacturers 
must maintain records relating to the sterilization of equipment and 
supplies, animal necropsy records, and records in cases of divided 
manufacturing responsibility with respect to a product. Under Sec.  
600.12(b)(2), manufacturers are also required to maintain complete 
records pertaining to the recall from distribution of any product. 
Furthermore, Sec.  610.18(b) (21 CFR 610.18(b)) requires, in part, that 
the results of all periodic tests for verification of cultures and 
determination of freedom from extraneous organisms be recorded and 
retained. The recordkeeping requirements for Sec. Sec.  610.12(g), 
610.13(a)(2), 610.18(d), 680.2(f), and 21 CFR 680.3(f) are approved 
under OMB control number 0910-0139.
    Respondents to this collection of information include manufacturers 
of biological products (including blood and blood components) and any 
person

[[Page 32838]]

whose name appears on the label of a licensed biological product. In 
table 1, the number of respondents is based on the estimated number of 
manufacturers that are subject to those regulations or that submitted 
the required information to the Center for Biologics Evaluation and 
Research and Center for Drugs Evaluation and Research, FDA, in fiscal 
year (FY) 2016. Based on information obtained from the FDA's database 
system, there were 93 manufacturers of biological products. This number 
excludes those manufacturers who produce Whole Blood, components of 
Whole Blood, or in-vitro diagnostic licensed products, because of the 
exemption under Sec.  600.80(m). The total annual responses are based 
on the number of submissions received by FDA in FY 2016. There were an 
estimated 125,371 15-day Alert reports, 180,580 periodic reports, and 
677 lot distribution reports submitted to FDA. The number of 15-day 
Alert reports for postmarketing studies under Sec.  600.80(e) is 
included in the total number of 15-day Alert reports. FDA received 81 
requests from 40 manufacturers for waivers under Sec.  600.90 
(including Sec. Sec.  600.80(h)(2) and 600.81(b)(2)), of which 79 were 
granted. The hours per response are based on FDA experience. The burden 
hours required to complete the MedWatch Form (Form FDA 3500A) for Sec.  
600.80(c)(1), (e), and (f) are reported under OMB control number 0910-
0291.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
         21 CFR section              Number of     responses per   Total annual    per response     Total hours
                                    respondents     respondent       responses      (in hours)
----------------------------------------------------------------------------------------------------------------
600.80(c)(1), 600.80(d), and                  93        1,348.07         125,371               1         125,371
 600.80(e); postmarketing 15-day
 Alert reports..................
600.82; notification of                       18            1.61              29               2              58
 discontinuance or interruption
 in manufacturing...............
600.80(c)(2); periodic adverse                93        1,941.72         180,580              28       5,056,240
 experience reports.............
600.81 Distribution Reports.....              93            7.28             677               1             677
600.80(h)(2), 600.81(b)(2), and               40            2.03              81               1              81
 600.90; waiver requests........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       5,182,427
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection information.

    In table 2 the number of respondents is based on the number of 
manufacturers subject to those regulations. Based on information 
obtained from FDA's database system, there were 263 licensed 
manufacturers of biological products in FY 2016. However, the number of 
recordkeepers listed for Sec.  600.12(a) through (e) excluding (b)(2) 
is estimated to be 114. This number excludes manufacturers of blood and 
blood components because their burden hours for recordkeeping have been 
reported under Sec.  606.160 in OMB control number 0910-0116. The total 
annual records is based on the annual average of lots released in FY 
2016 (7,198), number of recalls made (575), and total number of adverse 
experience reports received (305,951) in FY 2016. The hours per record 
are based on FDA experience.
    FDA estimates the burden of this recordkeeping as follows:

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                  Average burden
                                     Number of       Number of     Total annual         per
         21 CFR section            recordkeepers    records per       records      recordkeeper     Total hours
                                                   recordkeeper                     (in hours)
----------------------------------------------------------------------------------------------------------------
600.12; \2\ maintenance of                   114           63.14           7,198              32         230,336
 records........................
600.12(b)(2); recall records....             263            2.19             575              24          13,800
600.80(c)(1) and 600.80(k)......              93        3,289.79         305,951               1         305,951
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         550,087
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ The recordkeeping requirements in Sec.   610.18(b) are included in the estimate for Sec.   600.12.

    The burden for this information collection has changed since the 
last OMB approval. Because of an increase in the number of AER reports 
we have received during the past 3 years, we have increased our 
reporting and recordkeeping burden estimates.

    Dated: July 12, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-15004 Filed 7-17-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                32836                           Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

                                                DEPARTMENT OF HEALTH AND                                 solely responsible for ensuring that your             both copies to the Dockets Management
                                                HUMAN SERVICES                                           comment does not include any                          Staff. If you do not wish your name and
                                                                                                         confidential information that you or a                contact information to be made publicly
                                                Food and Drug Administration                             third party may not wish to be posted,                available, you can provide this
                                                [Docket No. FDA–2011–N–0231]                             such as medical information, your or                  information on the cover sheet and not
                                                                                                         anyone else’s Social Security number, or              in the body of your comments and you
                                                Agency Information Collection                            confidential business information, such               must identify this information as
                                                Activities; Proposed Collection;                         as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                                Comment Request; Adverse                                 that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                                Experience Reporting for Licensed                        information, or other information that                except in accordance with 21 CFR 10.20
                                                Biological Products; and General                         identifies you in the body of your                    and other applicable disclosure law. For
                                                Records                                                  comments, that information will be                    more information about FDA’s posting
                                                                                                         posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                                AGENCY:    Food and Drug Administration,                   • If you want to submit a comment                   FR 56469, September 18, 2015, or access
                                                HHS.                                                     with confidential information that you                the information at: https://www.gpo.gov/
                                                ACTION:   Notice.                                        do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                         public, submit the comment as a                       23389.pdf.
                                                SUMMARY:    The Food and Drug
                                                                                                         written/paper submission and in the                      Docket: For access to the docket to
                                                Administration (FDA or Agency) is
                                                                                                         manner detailed (see ‘‘Written/Paper                  read background documents or the
                                                announcing an opportunity for public
                                                                                                         Submissions’’ and ‘‘Instructions’’).                  electronic and written/paper comments
                                                comment on the proposed collection of
                                                certain information by the Agency.                       Written/Paper Submissions                             received, go to https://
                                                Under the Paperwork Reduction Act of                                                                           www.regulations.gov and insert the
                                                                                                            Submit written/paper submissions as                docket number, found in brackets in the
                                                1995 (PRA), Federal Agencies are                         follows:                                              heading of this document, into the
                                                required to publish notice in the                           • Mail/Hand delivery/Courier (for                  ‘‘Search’’ box and follow the prompts
                                                Federal Register concerning each                         written/paper submissions): Dockets
                                                proposed collection of information,                                                                            and/or go to the Dockets Management
                                                                                                         Management Staff (HFA–305), Food and                  Staff, 5630 Fishers Lane, Rm. 1061,
                                                including each proposed extension of an                  Drug Administration, 5630 Fishers
                                                existing collection of information, and                                                                        Rockville, MD 20852.
                                                                                                         Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                to allow 60 days for public comment in                      • For written/paper comments
                                                response to the notice. This notice                      submitted to the Dockets Management                   Domini Bean, Office of Operations,
                                                solicits comments on the proposed                        Staff, FDA will post your comment, as                 Food and Drug Administration, Three
                                                extension of the collection of                           well as any attachments, except for                   White Flint North, 10A63, 11601
                                                information concerning requirements                      information submitted, marked and                     Landsdown St., North Bethesda, MD
                                                relating to FDA’s Adverse Experience                     identified, as confidential, if submitted             20852, 301–796–5733, PRAStaff@
                                                Reporting System (FAERS) for licensed                    as detailed in ‘‘Instructions.’’                      fda.hhs.gov.
                                                biological products, and general records                    Instructions: All submissions received             SUPPLEMENTARY INFORMATION: Under the
                                                associated with the manufacture and                      must include the Docket No. FDA–                      PRA (44 U.S.C. 3501–3520), Federal
                                                distribution of biological products.                     2011–N–0231 for ‘‘Adverse Experience                  Agencies must obtain approval from the
                                                DATES: Submit either electronic or                       Reporting for Licensed Biological                     Office of Management and Budget
                                                written comments on the collection of                    Products; and General Records.’’                      (OMB) for each collection of
                                                information by September 18, 2017.                       Received comments, those filed in a                   information they conduct or sponsor.
                                                ADDRESSES: You may submit comments                       timely manner (see ADDRESSES), will be                ‘‘Collection of information’’ is defined
                                                as follows. Please note that late,                       placed in the docket and, except for                  in 44 U.S.C. 3502(3) and 5 CFR
                                                untimely filed comments will not be                      those submitted as ‘‘Confidential                     1320.3(c) and includes Agency requests
                                                considered. Electronic comments must                     Submissions,’’ publicly viewable at                   or requirements that members of the
                                                be submitted on or before September 18,                  https://www.regulations.gov or at the                 public submit reports, keep records, or
                                                2017. The https://www.regulations.gov                    Dockets Management Staff between 9                    provide information to a third party.
                                                electronic filing system will accept                     a.m. and 4 p.m., Monday through                       Section 3506(c)(2)(A) of the PRA (44
                                                comments until midnight Eastern Time                     Friday.                                               U.S.C. 3506(c)(2)(A)) requires Federal
                                                at the end of September 18, 2017.                           • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                                Comments received by mail/hand                           submit a comment with confidential                    the Federal Register concerning each
                                                delivery/courier (for written/paper                      information that you do not wish to be                proposed collection of information,
                                                submissions) will be considered timely                   made publicly available, submit your                  including each proposed extension of an
                                                if they are postmarked or the delivery                   comments only as a written/paper                      existing collection of information,
                                                service acceptance receipt is on or                      submission. You should submit two                     before submitting the collection to OMB
                                                before that date.                                        copies total. One copy will include the               for approval. To comply with this
                                                                                                         information you claim to be confidential              requirement, FDA is publishing notice
                                                Electronic Submissions                                   with a heading or cover note that states              of the proposed collection of
                                                  Submit electronic comments in the                      ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                                following way:                                           CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                                  • Federal eRulemaking Portal:                          Agency will review this copy, including               collection of information, FDA invites
sradovich on DSK3GMQ082PROD with NOTICES




                                                https://www.regulations.gov. Follow the                  the claimed confidential information, in              comments on these topics: (1) Whether
                                                instructions for submitting comments.                    its consideration of comments. The                    the proposed collection of information
                                                Comments submitted electronically,                       second copy, which will have the                      is necessary for the proper performance
                                                including attachments, to https://                       claimed confidential information                      of FDA’s functions, including whether
                                                www.regulations.gov will be posted to                    redacted/blacked out, will be available               the information will have practical
                                                the docket unchanged. Because your                       for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                                comment will be made public, you are                     https://www.regulations.gov. Submit                   estimate of the burden of the proposed


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                                                                                Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices                                            32837

                                                collection of information, including the                 corrective action is taken, and removal               submit distribution reports under this
                                                validity of the methodology and                          of a biological product from the market               section at times other than every 6
                                                assumptions used; (3) ways to enhance                    when necessary.                                       months. Under § 600.82(a), an applicant
                                                the quality, utility, and clarity of the                    Section 600.80(c)(1) requires licensed             of a biological product or blood and
                                                information to be collected; and (4)                     manufacturers or any person whose                     blood component must notify FDA of a
                                                ways to minimize the burden of the                       name appears on the label of a licensed               permanent discontinuance of
                                                collection of information on                             biological product to report each                     manufacture or an interruption in
                                                respondents, including through the use                   adverse experience that is both serious               manufacturing or disruption in supply,
                                                of automated collection techniques                       and unexpected, whether foreign or                    as applicable. Under §§ 600.80(h)(2) and
                                                when appropriate, and other forms of                     domestic, as soon as possible but in no               600.81(b)(2), a licensed manufacturer
                                                information technology.                                  case later than 15 calendar days of                   may request a temporary waiver for the
                                                                                                         initial receipt of the information by the             requirements under §§ 600.80(h)(1) and
                                                Adverse Experience Reporting for                                                                               600.80(b)(1), respectively. Requests for
                                                Licensed Biological Products; and                        licensed manufacturer. These reports
                                                                                                         are known as postmarketing 15-day                     waivers must be submitted in
                                                General Records—21 CFR Part 600                                                                                accordance with § 600.90. Under
                                                                                                         Alert reports. This section also requires
                                                OMB Control Number 0910–0308—                            licensed manufacturers to submit any                  § 600.90, a licensed manufacturer may
                                                Extension                                                followup reports within 15 calendar                   submit a waiver request for any
                                                   Under the Public Health Service Act                   days of receipt of new information or as              requirements that apply to the licensed
                                                (42 U.S.C. 262), FDA may only approve                    requested by FDA, and if additional                   manufacturer under §§ 600.80 and
                                                a biologics license application for a                    information is not obtainable, to                     600.81. A waiver request submitted
                                                biological product that is safe, pure, and               maintain records of the unsuccessful                  under § 600.90 must include supporting
                                                potent. When a biological product is                     steps taken to seek additional                        documentation.
                                                                                                                                                                 Manufacturers of biological products
                                                approved and enters the market, the                      information. In addition, this section
                                                                                                                                                               for human use must keep records of
                                                product is introduced to a larger patient                requires that a person who submits an
                                                                                                                                                               each step in the manufacture and
                                                population in settings different from                    adverse action report to the licensed
                                                                                                                                                               distribution of a product, including any
                                                clinical trials. New information                         manufacturer rather than to FDA,
                                                                                                                                                               recalls. These recordkeeping
                                                generated during the postmarketing                       maintain a record of this action. Section
                                                                                                                                                               requirements serve preventative and
                                                period offers further insight into the                   600.80(e) requires licensed                           remedial purposes by establishing
                                                benefits and risks of the product, and                   manufacturers to submit a 15-day Alert                accountability and traceability in the
                                                evaluation of this information is                        report for an adverse experience                      manufacture and distribution of
                                                important to ensure its safe use. FDA                    obtained from a postmarketing clinical                products. These requirements also
                                                issued the Adverse Experience                            study only if the licensed manufacturer               enable FDA to perform meaningful
                                                Reporting (AER) requirements in part                     concludes that there is a reasonable                  inspections. Section 600.12 requires,
                                                600 (21 CFR part 600) to enable FDA to                   possibility that the product caused the               among other things, that records be
                                                take actions necessary for the protection                adverse experience. Section 600.80(c)(2)              made concurrently with the
                                                of the public health in response to                      requires licensed manufacturers to                    performance of each step in the
                                                reports of adverse experiences related to                report each adverse experience not                    manufacture and distribution of
                                                licensed biological products. The                        reported in a postmarketing 15-day                    products. These records must be
                                                primary purpose of FDA’s AERS is to                      Alert report at quarterly intervals, for 3            retained for no less than 5 years after the
                                                identify potentially serious safety                      years from the date of issuance of the                records of manufacture have been
                                                problems with licensed biological                        biologics license, and then at annual                 completed or 6 months after the latest
                                                products. Although premarket testing                     intervals. The majority of these periodic             expiration date for the individual
                                                discloses a general safety profile of a                  reports are submitted annually, since a               product, whichever represents a later
                                                biological product’s comparatively                       large percentage of currently licensed                date. In addition, under § 600.12,
                                                common adverse effects, the larger and                   biological products have been licensed                manufacturers must maintain records
                                                more diverse patient populations                         longer than 3 years. Section 600.80(k)                relating to the sterilization of equipment
                                                exposed to the licensed biological                       requires licensed manufacturers to                    and supplies, animal necropsy records,
                                                product provides the opportunity to                      maintain for a period of 10 years records             and records in cases of divided
                                                collect information on rare, latent, and                 of all adverse experiences known to the               manufacturing responsibility with
                                                long-term effects. In addition,                          licensed manufacturer, including raw                  respect to a product. Under
                                                production and/or distribution                           data and any correspondence relating to               § 600.12(b)(2), manufacturers are also
                                                problems have contaminated biological                    the adverse experiences. Section 600.81               required to maintain complete records
                                                products in the past. AER reports are                    requires licensed manufacturers to                    pertaining to the recall from distribution
                                                obtained from a variety of sources,                      submit, at an interval of every 6 months,             of any product. Furthermore, § 610.18(b)
                                                including manufacturers, patients,                       information about the quantity of the                 (21 CFR 610.18(b)) requires, in part, that
                                                physicians, foreign regulatory agencies,                 product distributed under the biologics               the results of all periodic tests for
                                                and clinical investigators. Identification               license, including the quantity                       verification of cultures and
                                                of new and unexpected safety issues                      distributed to distributors. These                    determination of freedom from
                                                through the analysis of the data in AERS                 distribution reports provide FDA with                 extraneous organisms be recorded and
                                                contributes directly to increased public                 important information about products                  retained. The recordkeeping
                                                health protection. For example,                          distributed under biologics licenses,
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                                                                                                                                                               requirements for §§ 610.12(g),
                                                evaluation of these safety issues enables                including the quantity, certain lot                   610.13(a)(2), 610.18(d), 680.2(f), and 21
                                                FDA to take focused regulatory action.                   numbers, labeled date of expiration, the              CFR 680.3(f) are approved under OMB
                                                Such action may include, but is not                      fill lot numbers for the total number of              control number 0910–0139.
                                                limited to, important changes to the                     dosage units of each strength or potency                Respondents to this collection of
                                                product’s labeling (such as adding a                     distributed (e.g., 50,000 per 10-milliliter           information include manufacturers of
                                                new warning), coordination with                          vials), and date of release. FDA may                  biological products (including blood
                                                manufacturers to ensure adequate                         require the licensed manufacturer to                  and blood components) and any person


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                                                32838                                     Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

                                                whose name appears on the label of a                                       produce Whole Blood, components of                                          requests from 40 manufacturers for
                                                licensed biological product. In table 1,                                   Whole Blood, or in-vitro diagnostic                                         waivers under § 600.90 (including
                                                the number of respondents is based on                                      licensed products, because of the                                           §§ 600.80(h)(2) and 600.81(b)(2)), of
                                                the estimated number of manufacturers                                      exemption under § 600.80(m). The total                                      which 79 were granted. The hours per
                                                that are subject to those regulations or                                   annual responses are based on the                                           response are based on FDA experience.
                                                that submitted the required information                                    number of submissions received by FDA                                       The burden hours required to complete
                                                to the Center for Biologics Evaluation                                     in FY 2016. There were an estimated                                         the MedWatch Form (Form FDA 3500A)
                                                and Research and Center for Drugs                                          125,371 15-day Alert reports, 180,580                                       for § 600.80(c)(1), (e), and (f) are
                                                Evaluation and Research, FDA, in fiscal                                    periodic reports, and 677 lot                                               reported under OMB control number
                                                year (FY) 2016. Based on information                                       distribution reports submitted to FDA.
                                                                                                                                                                                                       0910–0291.
                                                obtained from the FDA’s database                                           The number of 15-day Alert reports for
                                                system, there were 93 manufacturers of                                     postmarketing studies under § 600.80(e)                                       FDA estimates the burden of this
                                                biological products. This number                                           is included in the total number of 15-                                      collection of information as follows:
                                                excludes those manufacturers who                                           day Alert reports. FDA received 81

                                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                                                   Average
                                                                                                                                                                          Number of
                                                                                                                                               Number of                                            Total annual                 burden per
                                                                                21 CFR section                                                                          responses per                                                                    Total hours
                                                                                                                                              respondents                                            responses                    response
                                                                                                                                                                          respondent                                              (in hours)

                                                600.80(c)(1), 600.80(d), and 600.80(e); postmarketing 15-
                                                  day Alert reports ...............................................................                              93               1,348.07                    125,371                               1        125,371
                                                600.82; notification of discontinuance or interruption in
                                                  manufacturing ...................................................................                              18                   1.61                         29                              2               58
                                                600.80(c)(2); periodic adverse experience reports ..............                                                 93               1,941.72                    180,580                             28        5,056,240
                                                600.81 Distribution Reports .................................................                                    93                   7.28                        677                              1              677
                                                600.80(h)(2), 600.81(b)(2), and 600.90; waiver requests ...                                                      40                   2.03                         81                              1               81

                                                      Total ..............................................................................   ........................   ........................   ........................   ........................      5,182,427
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection information.


                                                   In table 2 the number of respondents                                    listed for § 600.12(a) through (e)                                          annual average of lots released in FY
                                                is based on the number of                                                  excluding (b)(2) is estimated to be 114.                                    2016 (7,198), number of recalls made
                                                manufacturers subject to those                                             This number excludes manufacturers of                                       (575), and total number of adverse
                                                regulations. Based on information                                          blood and blood components because                                          experience reports received (305,951) in
                                                obtained from FDA’s database system,                                       their burden hours for recordkeeping                                        FY 2016. The hours per record are based
                                                there were 263 licensed manufacturers                                      have been reported under § 606.160 in                                       on FDA experience.
                                                of biological products in FY 2016.                                         OMB control number 0910–0116. The                                             FDA estimates the burden of this
                                                However, the number of recordkeepers                                       total annual records is based on the                                        recordkeeping as follows:

                                                                                                         TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                                                                                  Average
                                                                                                                                                                           Number of
                                                                                                                                               Number of                                            Total annual                burden per
                                                                                21 CFR section                                                                            records per                                                                    Total hours
                                                                                                                                             recordkeepers                                            records                  recordkeeper
                                                                                                                                                                         recordkeeper                                            (in hours)

                                                600.12; 2 maintenance of records ........................................                                      114                   63.14                      7,198                             32         230,336
                                                600.12(b)(2); recall records .................................................                                 263                    2.19                        575                             24          13,800
                                                600.80(c)(1) and 600.80(k) ..................................................                                   93                3,289.79                    305,951                              1         305,951

                                                      Total ..............................................................................   ........................   ........................   ........................   ........................       550,087
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
                                                   2 The   recordkeeping requirements in § 610.18(b) are included in the estimate for § 600.12.


                                                  The burden for this information                                            Dated: July 12, 2017.                                                     DEPARTMENT OF HEALTH AND
                                                collection has changed since the last                                      Anna K. Abram,                                                              HUMAN SERVICES
                                                OMB approval. Because of an increase                                       Deputy Commissioner for Policy, Planning,
                                                in the number of AER reports we have                                       Legislation, and Analysis.                                                  Food and Drug Administration
                                                received during the past 3 years, we                                       [FR Doc. 2017–15004 Filed 7–17–17; 8:45 am]                                 [Docket No. FDA–2016–N–0002]
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                                                have increased our reporting and                                           BILLING CODE 4164–01–P
                                                recordkeeping burden estimates.                                                                                                                        Hospira, Inc. et al.; Withdrawal of
                                                                                                                                                                                                       Approval of 44 New Drug Applications
                                                                                                                                                                                                       and 158 Abbreviated New Drug
                                                                                                                                                                                                       Applications; Correction
                                                                                                                                                                                                       AGENCY:         Food and Drug Administration,
                                                                                                                                                                                                       HHS.


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Document Created: 2018-10-24 11:25:54
Document Modified: 2018-10-24 11:25:54
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 September 18, 2017.
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 32836 

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