82_FR_37249 82 FR 37098 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Providing Waiver-Related Materials in Accordance With the Guidance for Industry on Providing Post-Market Periodic Safety Reports in the International Conference on Harmonisation E2C(R2) Format

82 FR 37098 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Providing Waiver-Related Materials in Accordance With the Guidance for Industry on Providing Post-Market Periodic Safety Reports in the International Conference on Harmonisation E2C(R2) Format

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37098-37100
FR Document2017-16647

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 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37098-37100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16647]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing 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 
September 7, 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 0910-0771. 
Also include the FDA docket number found in brackets in the heading of 
this document.

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

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

    The International Conference on Harmonisation (ICH) of Technical 
Requirements for Registration of Pharmaceuticals for Human Use issued, 
on November 15, 2012, the ICH harmonized tripartite guideline entitled 
``Periodic Benefit-Risk Evaluation Report (PBRER) E2C(R2)'' (the PBRER 
guideline) (available at https://www.ich.org/products/guidelines/efficacy/article/efficacy-guidelines.html). The PBRER guideline is 
intended to promote a consistent approach to periodic post-marketing 
safety reporting among the ICH regions, to enhance efficiency and 
reduce burden by reducing the number of reports generated for 
submission to the regulatory authorities. The PBRER is intended to 
provide a common standard for periodic reporting on approved drugs or 
biologics among the ICH regions.
    FDA currently has OMB approval for the required submission of 
periodic adverse drug experience reports (PADER) for drugs subject to a 
new drug application (NDA) or an abbreviated new drug application 
(ANDA) (Sec.  [thinsp]314.80(c)(2) (21 CFR 314.80(c)(2)) (OMB control 
number 0910-0230), and for the required submission of periodic adverse 
experience reports (PAER) for drugs subject to a biologics license 
application (BLA) (Sec.  [thinsp]600.80(c)(2) (21 CFR 600.80(c)(2)) 
(OMB control number 0910-0308).

[[Page 37099]]

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

[[Page 37100]]

reporting frequency when submitting a PBRER. FDA expects approximately 
29 applicants to make these submissions, and we estimate that the time 
for submitting the additional information described in the previous 
paragraph would be on average approximately 2 hours for each waiver 
request.
    In the Federal Register of May 23, 2017 (82 FR 23578), we published 
a 60-day notice requesting public comment on the proposed extension of 
this collection of information. No comments were received.
    We therefore estimate the burden of this collection of information 
as follows:

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


    Dated: August 2, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-16647 Filed 8-7-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                    37098                                 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                      (4) Youth discussions topic guide: We                              perceptions of PREP-related                                Respondents: Grantees and their
                                                    will hold discussions with youth from                                programming.                                             independent evaluators; and youth from
                                                    target populations about their                                                                                                target populations.

                                                                                                                                  ANNUAL BURDEN ESTIMATES
                                                                                                                                                                                  Number of
                                                                                                                                               Total             Annual                               Average
                                                                                                                                                                                responses per                         Annual
                                                                                      Instrument                                             number of         number of                            burden hours
                                                                                                                                                                                  respondent                       burden hours
                                                                                                                                            respondents       respondents                           per response
                                                                                                                                                                                   (annually)

                                                    (1)   Abstract template ...........................................................                  29                29                1                 3             87
                                                    (2)   CONSORT diagram template ........................................                              29                29                2                 1             58
                                                    (3)   Baseline equivalence template ......................................                           16                16                2                 2             64
                                                    (4)   Youth discussions topic guide ........................................                         64                21               *1               1.5             32
                                                       * Total.


                                                       Estimated Total Annual Burden                                     DEPARTMENT OF HEALTH AND                                 SUPPLEMENTARY INFORMATION:    In
                                                    Hours: 241.                                                          HUMAN SERVICES                                           compliance with 44 U.S.C. 3507, FDA
                                                       Additional Information: Copies of the                                                                                      has submitted the following proposed
                                                                                                                         Food and Drug Administration                             collection of information to OMB for
                                                    proposed collection may be obtained by
                                                                                                                                                                                  review and clearance.
                                                    writing to the Administration for
                                                    Children and Families, Office of                                     [Docket No. FDA–2013–D–0349]                             Providing Waiver-Related Materials in
                                                    Planning, Research and Evaluation, 330                                                                                        Accordance With the Guidance for
                                                                                                                         Agency Information Collection
                                                    C Street SW., Washington, DC 20201,                                                                                           Industry on Providing Post-Market
                                                                                                                         Activities; Submission for Office of
                                                    Attn: OPRE Reports Clearance Officer.                                                                                         Periodic Safety Reports in the
                                                                                                                         Management and Budget Review;
                                                    All requests should be identified by the                                                                                      International Conference on
                                                                                                                         Comment Request; Providing Waiver-                       Harmonisation E2C(R2) Format
                                                    title of the information collection. Email                           Related Materials in Accordance With
                                                    address: OPREinfocollection@                                                                                                  (Periodic Benefit-Risk Evaluation
                                                                                                                         the Guidance for Industry on Providing                   Report); OMB Control Number 0910–
                                                    acf.hhs.gov.                                                         Post-Market Periodic Safety Reports in                   0771—Extension
                                                       OMB Comment: OMB is required to                                   the International Conference on
                                                    make a decision concerning the                                       Harmonisation E2C(R2) Format                                The International Conference on
                                                                                                                                                                                  Harmonisation (ICH) of Technical
                                                    collection of information between 30                                 AGENCY:          Food and Drug Administration,           Requirements for Registration of
                                                    and 60 days after publication of this                                HHS.                                                     Pharmaceuticals for Human Use issued,
                                                    document in the Federal Register.                                                                                             on November 15, 2012, the ICH
                                                                                                                         ACTION:      Notice.
                                                    Therefore, a comment is best assured of                                                                                       harmonized tripartite guideline entitled
                                                    having its full effect if OMB receives it                            SUMMARY:   The Food and Drug                             ‘‘Periodic Benefit-Risk Evaluation
                                                    within 30 days of publication. Written                               Administration (FDA) is announcing                       Report (PBRER) E2C(R2)’’ (the PBRER
                                                    comments and recommendations for the                                 that a proposed collection of                            guideline) (available at https://
                                                    proposed information collection should                               information has been submitted to the                    www.ich.org/products/guidelines/
                                                    be sent directly to the following: Office                            Office of Management and Budget                          efficacy/article/efficacy-
                                                    of Management and Budget, Paperwork                                  (OMB) for review and clearance under                     guidelines.html). The PBRER guideline
                                                    Reduction Project, Email: OIRA_                                      the Paperwork Reduction Act of 1995.                     is intended to promote a consistent
                                                    SUBMISSION@OMB.EOP.GOV, Attn:                                        DATES: Fax written comments on the                       approach to periodic post-marketing
                                                    Desk Officer for the Administration for                              collection of information by September                   safety reporting among the ICH regions,
                                                    Children and Families.                                               7, 2017.                                                 to enhance efficiency and reduce
                                                                                                                                                                                  burden by reducing the number of
                                                    Mary Jones,                                                          ADDRESSES: To ensure that comments on
                                                                                                                                                                                  reports generated for submission to the
                                                    ACF/OPRE Certifying Officer.
                                                                                                                         the information collection are received,
                                                                                                                                                                                  regulatory authorities. The PBRER is
                                                                                                                         OMB recommends that written
                                                    [FR Doc. 2017–16671 Filed 8–7–17; 8:45 am]                                                                                    intended to provide a common standard
                                                                                                                         comments be faxed to the Office of
                                                    BILLING CODE 4184–37–P                                                                                                        for periodic reporting on approved
                                                                                                                         Information and Regulatory Affairs,
                                                                                                                                                                                  drugs or biologics among the ICH
                                                                                                                         OMB, Attn: FDA Desk Officer, FAX:
                                                                                                                                                                                  regions.
                                                                                                                         202–395–7285, or emailed to oira_                           FDA currently has OMB approval for
                                                                                                                         submission@omb.eop.gov. All                              the required submission of periodic
                                                                                                                         comments should be identified with the                   adverse drug experience reports
                                                                                                                         OMB control number 0910–0771. Also                       (PADER) for drugs subject to a new drug
                                                                                                                         include the FDA docket number found                      application (NDA) or an abbreviated
                                                                                                                         in brackets in the heading of this
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                                  new drug application (ANDA)
                                                                                                                         document.                                                (§ 314.80(c)(2) (21 CFR 314.80(c)(2))
                                                                                                                         FOR FURTHER INFORMATION CONTACT:                         (OMB control number 0910–0230), and
                                                                                                                         Domini Bean, Office of Operations,                       for the required submission of periodic
                                                                                                                         Food and Drug Administration, Three                      adverse experience reports (PAER) for
                                                                                                                         White Flint North, 10A63, 11601                          drugs subject to a biologics license
                                                                                                                         Landsdown St., North Bethesda, MD                        application (BLA) (§ 600.80(c)(2) (21
                                                                                                                         20852, 301–796–5733, PRAStaff@                           CFR 600.80(c)(2)) (OMB control number
                                                                                                                         fda.hhs.gov.                                             0910–0308).


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                                                                                  Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices                                           37099

                                                       There is considerable overlap in the                 PBRERs, and these information                            If an applicant does not have a PSUR
                                                    information required under                              collections are not already addressed                 waiver in place for an approved
                                                    §§ 314.80(c)(2) and 600.80(c)(2) and the                under the approved control numbers                    application, the applicant may submit a
                                                    information requested in a periodic                     covering waiver submissions and                       waiver request under § 314.90(a) or
                                                    safety report using the ICH E2C(R2)                     periodic safety reports generally. FDA                § 600.90(a) to submit a PBRER instead
                                                    PBRER format. Applicants subject to                     has previously granted waiver requests,               of the PADER/PAER. The applicant
                                                    periodic safety reporting requirements                  submitted under §§ 314.90(a) and                      should submit a request to FDA for each
                                                    under FDA regulations could choose to                   600.90(a), that allow applicants to                   approved application for which a
                                                    continue to submit the reports as                       prepare and submit reports using the                  waiver is requested, and a single waiver
                                                    specified in those regulations, and                     periodic safety update report (PSUR)                  request letter can include multiple
                                                    would be permitted to submit reports in                 format described in FDA’s 1996 and                    applications. Waiver requests should be
                                                    the PBRER format and submit reports as                  2004 ICH E2C guidance. In accordance                  submitted to each of the application(s)
                                                    specified in FDA regulations with an                    with the recommendations of the                       in the request, and may be submitted
                                                    approved waiver. Companies who                          November 29, 2016, guidance, if an                    electronically or by paper as described
                                                    submit periodic reports on the same                     applicant already has a PSUR waiver in                in the November 29, 2016, guidance.
                                                    drug to multiple regulators, including                  place for a given approved application,               Each PBRER waiver request should
                                                    not only the United States, but, also the               FDA will consider the existing PSUR                   include the following information:
                                                    European Union, Japan, and regulators                   waiver to allow the applicant to submit                  • The product name(s) and
                                                    in other countries who have elected to                  a PBRER instead of a PSUR because the                 application number(s);
                                                    adopt the ICH standards, may find it in                 PBRER replaces the PSUR for post-                        • a brief description of the
                                                    their interest to prepare a single PBRER,               marketing periodic safety reporting for               justification for the request;
                                                    rather than preparing multiple types of                 that application. The applicant would                    • the U.S. approval date for the
                                                    reports for multiple regulators. As a                   not need to submit a new waiver request               product(s) and current reporting interval
                                                    result, FDA, in the Federal Register of                 unless the applicant wishes to change                 used;
                                                    November 29, 2016 (81 FR 85976),                        the frequency of reporting. FDA will                     • the reporting interval of the last
                                                    announced the availability of the                       consider requests to be waived of the                 PADER/PAER submitted for the
                                                    guidance for industry entitled                          quarterly reporting requirement but will              product(s); and
                                                    ‘‘Providing Post-marketing Periodic                     not waive applicants of the annual                       • the data lock point that will be used
                                                    Safety Reports in the ICH E2C(R2)                       reporting requirement.                                for each PBRER. If a data lock point
                                                    Format (Periodic Benefit-Risk                              If an applicant submits a PBRER in                 other than one aligned to the U.S.
                                                    Evaluation Report)’’ to indicate its                    place of the PSUR and uses a different                approval date is proposed, the applicant
                                                    willingness to accept post-market                       data lock point, the applicant should                 should describe how he/she will ensure
                                                    periodic safety reports using the ICH                   submit overlapping reports or submit a                that there are no gaps in reporting
                                                    PBRER format in lieu of the specific                    one-time PADER/PAER in order to cover                 intervals (e.g., by submitting
                                                    reports described in FDA regulations.                   the gap in reporting intervals. The                   overlapping reports; submitting a one-
                                                       Because FDA regulations in                           applicant should submit notification to               time PADER/PAER to cover the gap
                                                    §§ 314.80(c)(2) and 600.80(c)(2) include                the application(s), indicating the change             period; or, if the gap is less than 2
                                                    specific requirements for periodic safety               in data lock point and should include a               months, extending the reporting interval
                                                    reports, in order for an applicant to                   description of the measures taken to                  of the final PADER/PAER to close the
                                                    submit an alternative report, such as the               ensure that there are no resulting gaps               gap).
                                                    PBRER, for a given product, FDA must                    in reporting.                                            • The frequency for submitting the
                                                    grant a waiver. Existing regulations                       If an applicant submits a PBRER in                 PBRER, as described in section IV.C of
                                                    permit applicants to request waivers of                 place of the PSUR and uses a different                the April 8, 2013, draft guidance.
                                                    any post-marketing safety reporting                     reporting frequency for the PBRER than                   • The email address and telephone
                                                    requirement, and the information                        was used for the PSUR, the continued                  number for the individual who can
                                                    collections associated with such waiver                 validity of the waiver will be                        provide additional information
                                                    requests generally are approved under                   conditioned on the submission of a                    regarding the waiver request.
                                                    existing control numbers. (See                          PADER/PAER as needed to fulfill the                      As explained earlier, existing
                                                    § 314.90(a), waivers for drugs subject to               reporting frequency requirement under                 regulations at § 314.90(a) or 600.90(a)
                                                    NDAs and ANDAs, approved under                          FDA regulations. The applicant should                 permit applicants to request waivers of
                                                    OMB control number 0910–0001, and                       submit a notification to the                          any post-marketing safety reporting
                                                    § 600.90(a), waivers for products subject               application(s), describing this change                requirement, and the information
                                                    to BLAs, approved under OMB control                     and the measures taken to ensure that                 collections associated with such waiver
                                                    number 0910–0308.) The November 29,                     the periodicity requirements are being                requests generally are approved under
                                                    2016, guidance both explains conditions                 met.                                                  OMB control numbers 0910–0001 and
                                                    under which applicants that have                           FDA expects approximately 187                      0910–0308. FDA believes that the
                                                    previously received waivers to submit                   waiver requests and notifications to                  information submitted under numbers
                                                    reporting information in the format of                  include the additional information                    1–4 and number 7 in the list in the
                                                    the previous ICH guidance would be                      described previously in this document                 previous paragraph is information that
                                                    permitted to apply those existing                       for using a different data lock point and/            is typical of any waiver request
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    waivers to the submission of PBRERs,                    or for using a different reporting                    regarding post-marketing safety
                                                    and also advises how applicants that                    frequency when submitting a PBRER.                    reporting and is accounted for in the
                                                    have not previously obtained a waiver                   FDA expects approximately 55                          existing approved collections of
                                                    may submit waiver requests to submit                    applicants to make these submissions,                 information for waiver requests and
                                                    the PBRER.                                              and we estimate that the time for                     reports. Concerning numbers 5 and 6,
                                                       There are information collections                    submitting the additional information                 FDA expects approximately 67 waiver
                                                    proposed in the November 29, 2016,                      described previously would be on                      requests to include the additional
                                                    guidance that are related to waivers                    average approximately 1 hour for each                 information for using a different data
                                                    specifically to enable the submission of                waiver request or notification.                       lock point and/or for using a different


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                                                    37100                                   Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                    reporting frequency when submitting a                                      described in the previous paragraph                                         on the proposed extension of this
                                                    PBRER. FDA expects approximately 29                                        would be on average approximately 2                                         collection of information. No comments
                                                    applicants to make these submissions,                                      hours for each waiver request.                                              were received.
                                                    and we estimate that the time for                                            In the Federal Register of May 23,
                                                                                                                                                                                                             We therefore estimate the burden of
                                                    submitting the additional information                                      2017 (82 FR 23578), we published a 60-
                                                                                                                                                                                                           this collection of information as follows:
                                                                                                                               day notice requesting public comment
                                                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                         Additional information and/or                                                                        Number of                                                Average
                                                                    notifications for using a different data                                       Number of                                            Total annual
                                                                                                                                                                            responses per                                            burden per              Total hours
                                                                    lock point and/or a different reporting                                       respondents                                            responses
                                                                                                                                                                              respondent                                              response
                                                                                   frequency

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

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


                                                      Dated: August 2, 2017.                                                   comments be faxed to the Office of                                          371, and 374) and sections 4 and 5 of
                                                    Anna K. Abram,                                                             Information and Regulatory Affairs,                                         the FPLA (15 U.S.C. 1453 and 1454)
                                                    Deputy Commissioner for Policy, Planning,                                  OMB, Attn: FDA Desk Officer, FAX:                                           provide authority to FDA to regulate the
                                                    Legislation, and Analysis.                                                 202–395–7285, or emailed to oira_                                           labeling of cosmetic products. Failure to
                                                    [FR Doc. 2017–16647 Filed 8–7–17; 8:45 am]                                 submission@omb.eop.gov. All                                                 comply with the requirements for
                                                    BILLING CODE 4164–01–P                                                     comments should be identified with the                                      cosmetic labeling may render a cosmetic
                                                                                                                               OMB control number 0910–0599. Also                                          adulterated under section 601 of the
                                                                                                                               include the FDA docket number found                                         FD&C Act or misbranded under section
                                                    DEPARTMENT OF HEALTH AND                                                   in brackets in the heading of this                                          602 of the FD&C Act.
                                                    HUMAN SERVICES                                                             document.                                                                     FDA’s cosmetic labeling regulations
                                                                                                                               FOR FURTHER INFORMATION CONTACT:    Ila                                     are published in part 701 (21 CFR part
                                                    Food and Drug Administration                                                                                                                           701). Four of the cosmetic labeling
                                                                                                                               S. Mizrachi, Office of Operations, Food
                                                    [Docket No. FDA–2017–N–1848]                                               and Drug Administration, Three White                                        regulations have information collection
                                                                                                                               Flint North, 10A63, 11601 Landsdown                                         provisions. Section 701.3 requires the
                                                    Agency Information Collection                                                                                                                          label of a cosmetic product to bear a
                                                    Activities; Submission for Office of                                       St., North Bethesda, MD 20852, 301–
                                                                                                                               796–7726, PRAStaff@fda.hhs.gov.                                             declaration of the ingredients in
                                                    Management and Budget Review;                                                                                                                          descending order of predominance.
                                                    Comment Request; Cosmetic Labeling                                         SUPPLEMENTARY INFORMATION: In                                               Section 701.11 requires the principal
                                                    Regulations                                                                compliance with 44 U.S.C. 3507, FDA                                         display panel of a cosmetic product to
                                                                                                                               has submitted the following proposed                                        bear a statement of the identity of the
                                                    AGENCY:        Food and Drug Administration,                               collection of information to OMB for
                                                    HHS.                                                                                                                                                   product. Section 701.12 requires the
                                                                                                                               review and clearance.                                                       label of a cosmetic product to specify
                                                    ACTION:      Notice.
                                                                                                                               Cosmetic Labeling Regulations—21 CFR                                        the name and place of business of the
                                                    SUMMARY:   The Food and Drug                                               Part 701                                                                    manufacturer, packer, or distributor.
                                                    Administration (FDA, the Agency, or                                                                                                                    Section 701.13 requires the label of a
                                                    we) is announcing that a proposed                                          OMB Control Number 0910–0599—                                               cosmetic product to declare the net
                                                    collection of information has been                                         Extension                                                                   quantity of contents of the product.
                                                    submitted to the Office of Management                                        The Federal Food, Drug, and Cosmetic                                        In the Federal Register of May 23,
                                                    and Budget (OMB) for review and                                            Act (the FD&C Act) and the Fair                                             2017 (82 FR 23576), FDA published a
                                                    clearance under the Paperwork                                              Packaging and Labeling Act (the FPLA)                                       60-day notice requesting public
                                                    Reduction Act of 1995 (PRA).                                               require that cosmetic manufacturers,                                        comment on the proposed collection of
                                                    DATES: Fax written comments on the                                         packers, and distributors disclose                                          information. One comment was received
                                                    collection of information by September                                     information about themselves or their                                       which described ingredients used in the
                                                    7, 2017.                                                                   products on the labels or labeling of                                       creation of cosmetics but was not PRA-
                                                    ADDRESSES: To ensure that comments on                                      their products. Sections 201, 301, 502,                                     related and will not be addressed here.
                                                    the information collection are received,                                   601, 602, 603, 701, and 704 of the FD&C                                       FDA estimates the burden of this
                                                    OMB recommends that written                                                Act (21 U.S.C. 321, 352, 361, 362, 363,                                     collection of information as follows:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




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

                                                    701.3—Ingredients in order of predominance .....................                                            1,518                           21                 31,878                               1          31,878
                                                    701.11—Statement of identity .............................................                                  1,518                           24                 36,432                               1          36,432



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Document Created: 2017-08-08 00:17:24
Document Modified: 2017-08-08 00:17:24
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 September 7, 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 37098 

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