82_FR_44600 82 FR 44417 - Agency Information Collection Activities; Proposed Collection; Comment Request; Certification To Accompany Drug, Biological Product, and Device Applications or Submissions

82 FR 44417 - Agency Information Collection Activities; Proposed Collection; Comment Request; Certification To Accompany Drug, Biological Product, and Device Applications or Submissions

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 183 (September 22, 2017)

Page Range44417-44420
FR Document2017-20227

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the requirements for certain FDA applications or submissions to be accompanied by a certification, Form FDA 3674, to ensure all applicable statutory requirements have been met.

Federal Register, Volume 82 Issue 183 (Friday, September 22, 2017)
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44417-44420]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20227]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0275]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Certification To Accompany Drug, Biological Product, 
and Device Applications or Submissions

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the

[[Page 44418]]

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 
requirements for certain FDA applications or submissions to be 
accompanied by a certification, Form FDA 3674, to ensure all applicable 
statutory requirements have been met.

DATES: Submit either electronic or written comments on the collection 
of information by November 21, 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 November 21, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 21, 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-0275 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Certification to Accompany Drug, 
Biological Product, and Device Applications or Submissions.'' 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: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

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

Certification To Accompany Drug, Biological Product, and Device 
Applications or Submissions (Form FDA 3674)

OMB Control Number 0910-0616--Extension

    The information required under section 402(j)(5)(B) of the Public 
Health Service Act (PHS Act) (42 U.S.C.

[[Page 44419]]

282(j)(5)(B)) is submitted in the form of a certification, Form FDA 
3674, which accompanies applications and submissions currently 
submitted to FDA and already approved by OMB. The OMB control numbers 
and expiration dates for those applications and submissions are: 21 CFR 
parts 312 and 314 (human drugs), OMB control number 0910-0014, expiring 
February 28, 2019, and OMB control number 0910-0001, expiring December 
31, 2017; 21 CFR parts 312 and 601 (biological products), OMB control 
number 0910-0014, expiring February 28, 2019, and OMB control number 
0910-0338, expiring March 31, 2020; 21 CFR parts 807 and 814 (devices), 
OMB control number 0910-0120, expiring June 30, 2020, and OMB control 
number 0910-0231, expiring March 31, 2020.
    Title VIII of the Food and Drug Administration Amendments Act of 
2007 (FDAAA) (Pub. L. 110-85) amended the PHS Act by adding section 
402(j). The provisions broadened the scope of clinical trials subject 
to submitting information and required additional information to be 
submitted to the clinical trials databank (https://clinicaltrials.gov/) 
(FDA has verified the Web site address, but FDA is not responsible for 
any subsequent changes to the Web site after this document publishes in 
the Federal Register) previously established by the National Institutes 
of Health (NIH)/National Library of Medicine. This includes expanded 
information on applicable clinical trials and summary information on 
the results of certain clinical trials. The provisions include 
responsibilities for FDA as well as several amendments to the Federal 
Food, Drug, and Cosmetic Act (the FD&C Act).
    One provision, section 402(j)(5)(B) of the PHS Act, requires that a 
certification accompany human drug, biological, and device product 
submissions made to FDA. Specifically, at the time of submission of an 
application under sections 505, 515, or 520(m) of the FD&C Act (21 
U.S.C. 355, 360e, or 360j(m)), or under section 351 of the PHS Act (42 
U.S.C. 262), or submission of a report under section 510(k) of the FD&C 
Act (21 U.S.C. 360(k)), such application or submission must be 
accompanied by a certification, Form FDA 3674, that all applicable 
requirements of section 402(j) of the PHS Act have been met. Where 
available, such certification must include the appropriate National 
Clinical Trial (NCT) numbers that are assigned upon submission of 
required information to the NIH databank at https://clinicaltrials.gov/.
    The proposed extension of the collection of information is 
necessary to satisfy the previously mentioned statutory requirement. 
The importance of obtaining these data relates to adherence to the 
legal requirements for submissions to the clinical trials registry and 
results data bank and ensuring that individuals and organizations 
submitting applications or reports to FDA under the listed provisions 
of the FD&C Act or the PHS Act adhere to the appropriate legal and 
regulatory requirements for certifying to having complied with those 
requirements. The failure to submit the certification required by 
section 402(j)(5)(B) of the PHS Act, and the knowing submission of a 
false certification, are both prohibited acts under section 301 of the 
FD&C Act (21 U.S.C. 331). Violations are subject to civil money 
penalties. The Form FDA 3674 provides a convenient mechanism for 
sponsors/applicants/submitters to satisfy the certification 
requirements of the statutory provision.
    To assist sponsors/applicants/submitters in understanding the 
statutory requirements associated with Form FDA 3674, we have provided 
a guidance available at: https://www.fda.gov/RegulatoryInformation/Guidances/ucm125335.htm. This guidance recommends the applications and 
submissions FDA considers should be accompanied by the certification 
form, Form FDA 3674. The applications and submissions identified in the 
guidance are reflected in the burden analysis. In 2017, we updated the 
guidance to include references to the NIH Final Rule implementing 
402(j) of the PHS Act (42 U.S.C. 282(j)). The Final Rule, published on 
September 21, 2016 (42 CFR part 11), clarifies the requirements for 
submission of clinical trial information to https://clinicaltrials.gov/.
    Investigational New Drug Applications. FDA's Center for Drug 
Evaluation and Research (CDER) received 1,669 investigational new drug 
applications (INDs) and 15,285 clinical protocol IND amendments in 
calendar year (CY) 2016. CDER anticipates that IND and clinical 
protocol amendment submission rates will remain at or near this level 
in the near future.
    FDA's Center for Biologics Evaluation and Research (CBER) received 
381 new INDs and 456 clinical protocol IND amendments in CY 2016. CBER 
anticipates that IND and clinical protocol amendment submission rates 
will remain at or near this level in the near future. The estimated 
total number of submissions (new INDs and new protocol submissions) 
subject to mandatory certification requirements under section 
402(j)(5)(B) of the PHS Act, is 16,954 for CDER plus 837 for CBER, or 
17,791 submissions per year. The minutes per response is the estimated 
number of minutes that a respondent would spend preparing the 
information to be submitted to FDA under section 402(j)(5)(B) of the 
PHS Act, including the time it takes to enter the necessary information 
on the form.
    Based on its experience with current submissions, FDA estimates 
that approximately 15 minutes on average would be needed per response 
for certifications that accompany IND applications and clinical 
protocol amendment submissions. It is assumed that most submissions to 
investigational applications will reference only a few protocols for 
which the sponsor/applicant/submitter has obtained a NCT number from 
https://clinicaltrials.gov/ prior to making the submission to FDA. It 
is also assumed that the sponsor/applicant/submitter has electronic 
capabilities allowing them to retrieve the information necessary to 
complete the form in an efficient manner.
    Marketing Applications/Submissions. In CY 2016, CDER and CBER 
received 252 new drug applications (NDA)/biologics license applications 
(BLA)/resubmissions and 1,067 NDA/BLA amendments for which 
certifications are needed. CDER and CBER received 253 efficacy 
supplements/resubmissions to previously approved NDAs/BLAs in CY 2016. 
CDER and CBER anticipate that new drug/biologic applications/
resubmissions and efficacy supplement submission rates will remain at 
or near this level in the near future.
    FDA's Center for Devices and Radiological Health (CDRH) received a 
total of 330 new applications for premarket approvals (PMA), 510(k) 
submissions containing clinical information, PMA supplements, 
applications for humanitarian device exemptions (HDE) and amendments in 
CY 2016. CDRH anticipates that application, amendment, supplement, and 
annual report submission rates will remain at or near this level in the 
near future.
    FDA's Office of Generic Drugs (OGD) received 1,036 abbreviated new 
drug applications (ANDAs) in 2016. OGD received 698 bioequivalence 
amendments/supplements in 2016. OGD anticipates that application, 
amendment, and supplement submission rates will remain at or near this 
level in the near future.
    Based on its experience reviewing NDAs, BLAs, PMAs, HDEs, 510(k)s, 
and ANDAs and experience with current submissions of Form FDA 3674, FDA 
estimates that approximately 45 minutes

[[Page 44420]]

on average would be needed per response for certifications which 
accompany NDA, BLA, PMA, HDE, 510(k), and ANDA marketing applications 
and submissions. It is assumed that the sponsor/applicant/submitter has 
electronic capabilities allowing them to retrieve the information 
necessary to complete the form in an efficient manner.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Number of        Number of
                                          respondents      respondents      Number of     Total annual
         FDA center activity           (investigational    (marketing     responses per     responses      Average burden per response      Total hours
                                         applications)    applications)    respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CDER
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Applications (IND)...............             1,669  ..............               1           1,669  0.25 (15 minutes)..............             417
Clinical Protocol Amendments (IND)...            15,285  ..............               1          15,285  0.25 (15 minutes)..............           3,821
New Marketing Applications/            ................             198               1             198  0.75 (45 minutes)..............             149
 Resubmissions (NDA/BLA).
Clinical Amendments to Marketing       ................           1,067               1           1,067  0.75 (45 minutes)..............             800
 Applications.
Efficacy Supplements/Resubmissions...  ................             219               1             219  0.75 (45 minutes)..............             164
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CBER
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Applications (IND)...............               381  ..............               1             381  0.25 (15 minutes)..............              95
Clinical Protocol Amendments (IND)...               456  ..............               1             456  0.25 (15 minutes)..............             114
New Marketing Applications/            ................              54               1              54  0.75 (45 minutes)..............              41
 Resubmissions (NDA/BLA).
Clinical Amendments to Marketing       ................               0               1               0  0.75 (45 minutes)..............               0
 Applications.
Efficacy Supplements/Resubmissions     ................              34               1              34  0.75 (45 minutes)..............              26
 (BLA only).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          CDRH
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Marketing Applications (includes   ................             330               1             330  0.75 (45 minutes)..............             247
 PMAs, HDEs, Supplements and 510(k)s
 expected to contain clinical data).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           OGD
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original Applications................  ................           1,036               1  ..............  0.75 (45 minutes)..............             777
Bioequivalence Supplements/Amendments  ................             698               1  ..............  0.75 (45 minutes)..............             524
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ................  ..............  ..............  ..............  ...............................           7,175
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: September 15, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20227 Filed 9-21-17; 8:45 am]
 BILLING CODE 4164-01-P



                                 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                                44417

     accredits are ‘‘deemed’’ to meet the                    contact Benjamin Bernstein at 410–786–                Responses: 4,995; Total Annual Hours:
     CLIA requirements based on this                         6570.)                                                149,850. (For policy questions regarding
     accreditation. Similarly, if a State                      3. Type of Information Collection                   this collection contact Rachel Shevland
     licensure program is determined to have                 Request: Extension of a currently                     at 410–786–3026.)
     requirements that are equal to or more                  approved collection; Title of                            5. Type of Information Collection
     stringent than those of CLIA, its                       Information Collection: Fast Track                    Request: Revision of a currently
     laboratories are considered to be exempt                Appeals Notices: NOMNC/DENC; Use:                     approved collection; Title of
     from CLIA certification and                             Providers shall deliver a Notice of                   Information Collection: Contract Year
     requirements. The information collected                 Medicare (Provider) Non-Coverage                      2019 Plan Benefit Package (PBP)
     will be used by HHS to: Determine                       (NOMNC) to beneficiaries, enrollees, or               Software and Formulary Submission;
     comparability/equivalency of the                        both beneficiaries and enrollees no later             Use: We require that Medicare
     accreditation organization standards                    than two days prior to the end of                     Advantage and Prescription Drug Plan
     and policies or State licensure program                 Medicare-covered services in skilled                  organizations submit a completed PBP
                                                             nursing facilities, home health agencies,             and formulary as part of the annual
     standards and policies to those of the
                                                             comprehensive outpatient rehabilitation               bidding process. During this process,
     CLIA program; to ensure the continued
                                                             facilities, and hospices. Beneficiaries,              organizations prepare their proposed
     comparability/equivalency of the
                                                             enrollees or both beneficiaries and                   plan benefit packages for the upcoming
     standards; and to fulfill certain statutory             enrollees will use this information to                contract year and submit them to us for
     reporting requirements. Form No.:                       determine whether they want to appeal                 review and approval. We publish
     CMS–R–185 (OMB control number:                          the service termination to their Quality              beneficiary education information using
     0938–0686); Frequency: Occasionally;                    Improvement Organization (QIO). If the                a variety of formats. The specific
     Affected Public: Private Sector—                        beneficiaries, enrollees or both                      education initiatives that utilize PBP
     Business or other for-profits and Not-                  beneficiaries decide to appeal, the                   and formulary data include web
     for-profit institutions; Number of                      Medicare provider or health plan will                 application tools on www.medicare.gov
     Respondents: 12; Total Annual                           send the QIO and appellant a Detailed                 and the plan benefit insert in the
     Responses: 96; Total Annual Hours:                      Explanation of Non-Coverage (DENC)                    Medicare & You handbook. In addition,
     384. (For policy questions regarding this               detailing the rationale for the                       organizations utilize the PBP data to
     collection contact Arlene Lopez at 410–                 termination decision. Form Number:                    generate their Summary of Benefits
     786–6782.)                                              CMS–10123 and CMS–10124 (OMB                          marketing information. Form Number:
        2. Type of Information Collection                    control number: 0938–0953); Frequency:                CMS–R–262 (OMB control number
     Request: Revision of a currently                        Occasionally; Affected Public: Private                0938–0763); Frequency: Yearly; Affected
     approved collection; Title of                           sector—Business or other for-profits and              Public: Business or other for-profits and
     Information Collection: Business                        Not-for-profit institutions; Number of                Not-for-profit institutions; Number of
     Proposal Forms for Quality                              Respondents: 28,177; Total Annual                     Respondents: 520; Total Annual
     Improvement Organizations (QIOs); Use:                  Responses: 6,017,832; Total Annual                    Responses: 5,675; Total Annual Hours:
     The submission of proposal information                  Hours: 1,111,196. (For policy questions               54,550. (For policy questions regarding
     by current quality improvement                          regarding this collection contact Janet               this collection contact Kristy Holtje at
     associations (QIOs) and other bidders,                  Miller at 404–562–1799.)                              410–786–2209.)
     on the appropriate forms, will satisfy                    4. Type of Information Collection
                                                                                                                      Dated: September 19, 2017.
                                                             Request: Revision of a currently
     our need for meaningful, consistent, and                                                                      William N. Parham, III,
                                                             approved collection; Title of
     verifiable data with which to evaluate                                                                        Director, Paperwork Reduction Staff, Office
                                                             Information Collection: Bid Pricing Tool
     contract proposals. We use the data                                                                           of Strategic Operations and Regulatory
                                                             (BPT) for Medicare Advantage (MA)
     collected on the forms associated with                                                                        Affairs.
                                                             Plans and Prescription Drug Plans
     this information collection request to                                                                        [FR Doc. 2017–20290 Filed 9–21–17; 8:45 am]
                                                             (PDP); Use: We require that Medicare
     negotiate QIO contracts. We will be able                Advantage organizations and                           BILLING CODE 4120–01–P
     to compare the costs reported by the                    Prescription Drug Plans complete the
     QIOs on the cost reports to the proposed                BPT as part of the annual bidding
     costs noted on the business proposal                    process. During this process,                         DEPARTMENT OF HEALTH AND
     forms. Subsequent contract and                          organizations prepare their proposed                  HUMAN SERVICES
     modification negotiations will be based                 actuarial bid pricing for the upcoming
     on historic cost data. The business                                                                           Food and Drug Administration
                                                             contract year and submit them to us for
     proposal forms will be one element of                   review and approval. The purpose of the               [Docket No. FDA–2011–N–0275]
     the historical cost data from which we                  BPT is to collect the actuarial pricing
     can analyze future proposed costs. In                   information for each plan. The BPT                    Agency Information Collection
     addition, the business proposal format                  calculates the plan’s bid, enrollee                   Activities; Proposed Collection;
     will standardize the cost proposing and                 premiums, and payment rates. We                       Comment Request; Certification To
     pricing process among all QIOs. With                    publish beneficiary premium                           Accompany Drug, Biological Product,
     well-defined cost centers and line items,               information using a variety of formats                and Device Applications or
     proposals can be compared among QIOs                    (www.medicare.gov, the Medicare & You                 Submissions
     for reasonableness and appropriateness.                 handbook, Summary of Benefits                         AGENCY:    Food and Drug Administration,
     Form Number: CMS–718–721 (OMB                           marketing information) for the purpose                HHS.
     control number: 0938–0579); Frequency:                  of beneficiary education and                          ACTION:   Notice.
     Annually; Affected Public: Business or                  enrollment. Form Number: CMS–10142
     other for-profits and Not-for-profit                    (OMB control number: 0938–0944);                      SUMMARY:  The Food and Drug
     institutions; Number of Respondents:                    Frequency: Yearly; Affected Public:                   Administration (FDA) is announcing an
     20; Total Annual Responses: 20; Total                   Business or other for-profits and Not-                opportunity for public comment on the
     Annual Hours: 1,000. (For policy                        for-profit institutions; Number of                    proposed collection of certain
     questions regarding this collection                     Respondents: 555; Total Annual                        information by the Agency. Under the


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     44418                       Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

     Paperwork Reduction Act of 1995                            • Mail/Hand delivery/Courier (for                  www.regulations.gov and insert the
     (PRA), Federal Agencies are required to                 written/paper submissions): Dockets                   docket number, found in brackets in the
     publish notice in the Federal Register                  Management Staff (HFA–305), Food and                  heading of this document, into the
     concerning each proposed collection of                  Drug Administration, 5630 Fishers                     ‘‘Search’’ box and follow the prompts
     information, including each proposed                    Lane, Rm. 1061, Rockville, MD 20852.                  and/or go to the Dockets Management
     extension of an existing collection of                     • For written/paper comments                       Staff, 5630 Fishers Lane, Rm. 1061,
     information, and to allow 60 days for                   submitted to the Dockets Management                   Rockville, MD 20852.
     public comment in response to the                       Staff, FDA will post your comment, as                 FOR FURTHER INFORMATION CONTACT:
     notice. This notice solicits comments on                well as any attachments, except for                   Amber Sanford, Office of Operations,
     the requirements for certain FDA                        information submitted, marked and                     Food and Drug Administration, Three
     applications or submissions to be                       identified, as confidential, if submitted             White Flint North, 10A–12M, 11601
     accompanied by a certification, Form                    as detailed in ‘‘Instructions.’’                      Landsdown St., North Bethesda, MD
     FDA 3674, to ensure all applicable                         Instructions: All submissions received             20852, 301–796–8867, PRAStaff@
     statutory requirements have been met.                   must include the Docket No. FDA–                      fda.hhs.gov.
                                                             2011–N–0275 for ‘‘Agency Information
     DATES: Submit either electronic or                                                                            SUPPLEMENTARY INFORMATION: Under the
                                                             Collection Activities; Proposed
     written comments on the collection of                                                                         PRA (44 U.S.C. 3501–3520), Federal
                                                             Collection; Comment Request;
     information by November 21, 2017.                                                                             Agencies must obtain approval from the
                                                             Certification to Accompany Drug,
     ADDRESSES: You may submit comments                      Biological Product, and Device                        Office of Management and Budget
     as follows. Please note that late,                      Applications or Submissions.’’ Received               (OMB) for each collection of
     untimely filed comments will not be                     comments, those filed in a timely                     information they conduct or sponsor.
     considered. Electronic comments must                    manner (see ADDRESSES), will be placed                ‘‘Collection of information’’ is defined
     be submitted on or before November 21,                  in the docket and, except for those                   in 44 U.S.C. 3502(3) and 5 CFR
     2017. The https://www.regulations.gov                   submitted as ‘‘Confidential                           1320.3(c) and includes Agency requests
     electronic filing system will accept                    Submissions,’’ publicly viewable at                   or requirements that members of the
     comments until midnight Eastern Time                    https://www.regulations.gov or at the                 public submit reports, keep records, or
     at the end of November 21, 2017.                        Dockets Management Staff between 9                    provide information to a third party.
     Comments received by mail/hand                          a.m. and 4 p.m., Monday through                       Section 3506(c)(2)(A) of the PRA (44
     delivery/courier (for written/paper                     Friday.                                               U.S.C. 3506(c)(2)(A)) requires Federal
     submissions) will be considered timely                     • Confidential Submissions—To                      Agencies to provide a 60-day notice in
     if they are postmarked or the delivery                  submit a comment with confidential                    the Federal Register concerning each
     service acceptance receipt is on or                     information that you do not wish to be                proposed collection of information,
     before that date.                                       made publicly available, submit your                  including each proposed extension of an
                                                             comments only as a written/paper                      existing collection of information,
     Electronic Submissions                                                                                        before submitting the collection to OMB
                                                             submission. You should submit two
       Submit electronic comments in the                     copies total. One copy will include the               for approval. To comply with this
     following way:                                          information you claim to be confidential              requirement, FDA is publishing notice
       • Federal eRulemaking Portal:                         with a heading or cover note that states              of the proposed collection of
     https://www.regulations.gov. Follow the                 ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
     instructions for submitting comments.                   CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
     Comments submitted electronically,                      Agency will review this copy, including               collection of information, FDA invites
     including attachments, to https://                      the claimed confidential information, in              comments on these topics: (1) Whether
     www.regulations.gov will be posted to                   its consideration of comments. The                    the proposed collection of information
     the docket unchanged. Because your                      second copy, which will have the                      is necessary for the proper performance
     comment will be made public, you are                    claimed confidential information                      of FDA’s functions, including whether
     solely responsible for ensuring that your               redacted/blacked out, will be available               the information will have practical
     comment does not include any                            for public viewing and posted on                      utility; (2) the accuracy of FDA’s
     confidential information that you or a                  https://www.regulations.gov. Submit                   estimate of the burden of the proposed
     third party may not wish to be posted,                  both copies to the Dockets Management                 collection of information, including the
     such as medical information, your or                    Staff. If you do not wish your name and               validity of the methodology and
     anyone else’s Social Security number, or                contact information to be made publicly               assumptions used; (3) ways to enhance
     confidential business information, such                 available, you can provide this                       the quality, utility, and clarity of the
     as a manufacturing process. Please note                 information on the cover sheet and not                information to be collected; and (4)
     that if you include your name, contact                  in the body of your comments and you                  ways to minimize the burden of the
     information, or other information that                  must identify this information as                     collection of information on
     identifies you in the body of your                      ‘‘confidential.’’ Any information marked              respondents, including through the use
     comments, that information will be                      as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
     posted on https://www.regulations.gov.                  except in accordance with 21 CFR 10.20                when appropriate, and other forms of
       • If you want to submit a comment                     and other applicable disclosure law. For              information technology.
     with confidential information that you                  more information about FDA’s posting                  Certification To Accompany Drug,
     do not wish to be made available to the                 of comments to public dockets, see 80                 Biological Product, and Device
     public, submit the comment as a                         FR 56469, September 18, 2015, or access               Applications or Submissions (Form
     written/paper submission and in the                     the information at: https://www.gpo.gov/              FDA 3674)
     manner detailed (see ‘‘Written/Paper                    fdsys/pkg/FR-2015-09-18/pdf/2015-
     Submissions’’ and ‘‘Instructions’’).                    23389.pdf.                                            OMB Control Number 0910–0616—
                                                                Docket: For access to the docket to                Extension
     Written/Paper Submissions                               read background documents or the                        The information required under
       Submit written/paper submissions as                   electronic and written/paper comments                 section 402(j)(5)(B) of the Public Health
     follows:                                                received, go to https://                              Service Act (PHS Act) (42 U.S.C.


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                                 Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices                                         44419

     282(j)(5)(B)) is submitted in the form of                  The proposed extension of the                      under section 402(j)(5)(B) of the PHS
     a certification, Form FDA 3674, which                   collection of information is necessary to             Act, is 16,954 for CDER plus 837 for
     accompanies applications and                            satisfy the previously mentioned                      CBER, or 17,791 submissions per year.
     submissions currently submitted to FDA                  statutory requirement. The importance                 The minutes per response is the
     and already approved by OMB. The                        of obtaining these data relates to                    estimated number of minutes that a
     OMB control numbers and expiration                      adherence to the legal requirements for               respondent would spend preparing the
     dates for those applications and                        submissions to the clinical trials registry           information to be submitted to FDA
     submissions are: 21 CFR parts 312 and                   and results data bank and ensuring that               under section 402(j)(5)(B) of the PHS
     314 (human drugs), OMB control                          individuals and organizations                         Act, including the time it takes to enter
     number 0910–0014, expiring February                     submitting applications or reports to                 the necessary information on the form.
     28, 2019, and OMB control number                        FDA under the listed provisions of the                   Based on its experience with current
     0910–0001, expiring December 31, 2017;                  FD&C Act or the PHS Act adhere to the                 submissions, FDA estimates that
     21 CFR parts 312 and 601 (biological                    appropriate legal and regulatory                      approximately 15 minutes on average
     products), OMB control number 0910–                     requirements for certifying to having                 would be needed per response for
     0014, expiring February 28, 2019, and                   complied with those requirements. The                 certifications that accompany IND
     OMB control number 0910–0338,                           failure to submit the certification                   applications and clinical protocol
     expiring March 31, 2020; 21 CFR parts                   required by section 402(j)(5)(B) of the               amendment submissions. It is assumed
     807 and 814 (devices), OMB control                      PHS Act, and the knowing submission                   that most submissions to investigational
     number 0910–0120, expiring June 30,                     of a false certification, are both                    applications will reference only a few
     2020, and OMB control number 0910–                      prohibited acts under section 301 of the              protocols for which the sponsor/
     0231, expiring March 31, 2020.                          FD&C Act (21 U.S.C. 331). Violations are              applicant/submitter has obtained a NCT
        Title VIII of the Food and Drug                      subject to civil money penalties. The                 number from https://clinicaltrials.gov/
     Administration Amendments Act of                        Form FDA 3674 provides a convenient                   prior to making the submission to FDA.
     2007 (FDAAA) (Pub. L. 110–85)                           mechanism for sponsors/applicants/                    It is also assumed that the sponsor/
     amended the PHS Act by adding section                   submitters to satisfy the certification               applicant/submitter has electronic
     402(j). The provisions broadened the                    requirements of the statutory provision.              capabilities allowing them to retrieve
     scope of clinical trials subject to                        To assist sponsors/applicants/                     the information necessary to complete
     submitting information and required                     submitters in understanding the                       the form in an efficient manner.
                                                             statutory requirements associated with                   Marketing Applications/Submissions.
     additional information to be submitted
                                                             Form FDA 3674, we have provided a                     In CY 2016, CDER and CBER received
     to the clinical trials databank (https://
                                                             guidance available at: https://                       252 new drug applications (NDA)/
     clinicaltrials.gov/) (FDA has verified the                                                                    biologics license applications (BLA)/
                                                             www.fda.gov/RegulatoryInformation/
     Web site address, but FDA is not                                                                              resubmissions and 1,067 NDA/BLA
                                                             Guidances/ucm125335.htm. This
     responsible for any subsequent changes                                                                        amendments for which certifications are
                                                             guidance recommends the applications
     to the Web site after this document                                                                           needed. CDER and CBER received 253
                                                             and submissions FDA considers should
     publishes in the Federal Register)                                                                            efficacy supplements/resubmissions to
                                                             be accompanied by the certification
     previously established by the National                                                                        previously approved NDAs/BLAs in CY
                                                             form, Form FDA 3674. The applications
     Institutes of Health (NIH)/National                                                                           2016. CDER and CBER anticipate that
                                                             and submissions identified in the
     Library of Medicine. This includes                      guidance are reflected in the burden                  new drug/biologic applications/
     expanded information on applicable                      analysis. In 2017, we updated the                     resubmissions and efficacy supplement
     clinical trials and summary information                 guidance to include references to the                 submission rates will remain at or near
     on the results of certain clinical trials.              NIH Final Rule implementing 402(j) of                 this level in the near future.
     The provisions include responsibilities                 the PHS Act (42 U.S.C. 282(j)). The                      FDA’s Center for Devices and
     for FDA as well as several amendments                   Final Rule, published on September 21,                Radiological Health (CDRH) received a
     to the Federal Food, Drug, and Cosmetic                 2016 (42 CFR part 11), clarifies the                  total of 330 new applications for
     Act (the FD&C Act).                                     requirements for submission of clinical               premarket approvals (PMA), 510(k)
        One provision, section 402(j)(5)(B) of               trial information to https://                         submissions containing clinical
     the PHS Act, requires that a certification              clinicaltrials.gov/.                                  information, PMA supplements,
     accompany human drug, biological, and                      Investigational New Drug                           applications for humanitarian device
     device product submissions made to                      Applications. FDA’s Center for Drug                   exemptions (HDE) and amendments in
     FDA. Specifically, at the time of                       Evaluation and Research (CDER)                        CY 2016. CDRH anticipates that
     submission of an application under                      received 1,669 investigational new drug               application, amendment, supplement,
     sections 505, 515, or 520(m) of the                     applications (INDs) and 15,285 clinical               and annual report submission rates will
     FD&C Act (21 U.S.C. 355, 360e, or                       protocol IND amendments in calendar                   remain at or near this level in the near
     360j(m)), or under section 351 of the                   year (CY) 2016. CDER anticipates that                 future.
     PHS Act (42 U.S.C. 262), or submission                  IND and clinical protocol amendment                      FDA’s Office of Generic Drugs (OGD)
     of a report under section 510(k) of the                 submission rates will remain at or near               received 1,036 abbreviated new drug
     FD&C Act (21 U.S.C. 360(k)), such                       this level in the near future.                        applications (ANDAs) in 2016. OGD
     application or submission must be                          FDA’s Center for Biologics Evaluation              received 698 bioequivalence
     accompanied by a certification, Form                    and Research (CBER) received 381 new                  amendments/supplements in 2016. OGD
     FDA 3674, that all applicable                           INDs and 456 clinical protocol IND                    anticipates that application,
     requirements of section 402(j) of the                   amendments in CY 2016. CBER                           amendment, and supplement
     PHS Act have been met. Where                            anticipates that IND and clinical                     submission rates will remain at or near
     available, such certification must                      protocol amendment submission rates                   this level in the near future.
     include the appropriate National                        will remain at or near this level in the                 Based on its experience reviewing
     Clinical Trial (NCT) numbers that are                   near future. The estimated total number               NDAs, BLAs, PMAs, HDEs, 510(k)s, and
     assigned upon submission of required                    of submissions (new INDs and new                      ANDAs and experience with current
     information to the NIH databank at                      protocol submissions) subject to                      submissions of Form FDA 3674, FDA
     https://clinicaltrials.gov/.                            mandatory certification requirements                  estimates that approximately 45 minutes


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     44420                              Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Notices

     on average would be needed per                                          applications and submissions. It is                                         information necessary to complete the
     response for certifications which                                       assumed that the sponsor/applicant/                                         form in an efficient manner.
     accompany NDA, BLA, PMA, HDE,                                           submitter has electronic capabilities                                         FDA estimates the burden of this
     510(k), and ANDA marketing                                              allowing them to retrieve the                                               collection of information as follows:

                                                               TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                             Number of                    Number of                  Number of                                                     Average
                                                            respondents                  respondents                                           Total annual
              FDA center activity                                                                                  responses per                                                 burden per                  Total hours
                                                          (investigational                (marketing                                            responses
                                                                                                                     respondent                                                   response
                                                            applications)                applications)

                                                                                                            CDER

     New Applications (IND) ................                               1,669        ........................                         1                  1,669          0.25 (15 minutes) ..                       417
     Clinical Protocol Amendments                                         15,285        ........................                         1                 15,285          0.25 (15 minutes) ..                     3,821
       (IND).
     New Marketing Applications/Re-                      ............................                     198                            1                     198         0.75 (45 minutes) ..                       149
       submissions (NDA/BLA).
     Clinical Amendments to Marketing                    ............................                  1,067                            1                    1,067         0.75 (45 minutes) ..                       800
       Applications.
     Efficacy Supplements/Resubmis-                      ............................                     219                            1                     219         0.75 (45 minutes) ..                       164
       sions.

                                                                                                            CBER

     New Applications (IND) ................                                   381      ........................                         1                      381        0.25 (15 minutes) ..                        95
     Clinical Protocol Amendments                                              456      ........................                         1                      456        0.25 (15 minutes) ..                       114
       (IND).
     New Marketing Applications/Re-                      ............................                       54                           1                        54       0.75 (45 minutes) ..                        41
       submissions (NDA/BLA).
     Clinical Amendments to Marketing                    ............................                         0                          1                         0       0.75 (45 minutes) ..                            0
       Applications.
     Efficacy Supplements/Resubmis-                      ............................                       34                           1                        34       0.75 (45 minutes) ..                        26
       sions (BLA only).

                                                                                                            CDRH

     New Marketing Applications (in-                     ............................                     330                            1                     330         0.75 (45 minutes) ..                       247
       cludes PMAs, HDEs, Supple-
       ments and 510(k)s expected to
       contain clinical data).

                                                                                                             OGD

     Original Applications .....................         ............................                  1,036                             1    ........................     0.75 (45 minutes) ..                       777
     Bioequivalence       Supplements/                   ............................                    698                             1    ........................     0.75 (45 minutes) ..                       524
       Amendments.

          Total ......................................   ............................   ........................   ........................   ........................     ...............................          7,175
        1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


       Dated: September 15, 2017.                                            DEPARTMENT OF HEALTH AND                                                    Office of Management and Budget
     Anna K. Abram,                                                          HUMAN SERVICES                                                              (OMB) for review and clearance under
     Deputy Commissioner for Policy, Planning,                                                                                                           the Paperwork Reduction Act of 1995.
     Legislation, and Analysis.                                              Food and Drug Administration
                                                                                                                                                         DATES:  Fax written comments on the
     [FR Doc. 2017–20227 Filed 9–21–17; 8:45 am]                             [Docket No. FDA–2010–N–0622]                                                collection of information by October 23,
     BILLING CODE 4164–01–P                                                                                                                              2017.
                                                                             Agency Information Collection
                                                                             Activities; Submission for Office of                                        ADDRESSES:   To ensure that comments on
                                                                             Management and Budget Review;                                               the information collection are received,
                                                                             Comment Request; Color Additive                                             OMB recommends that written
                                                                             Certification Requests and                                                  comments be faxed to the Office of
                                                                             Recordkeeping                                                               Information and Regulatory Affairs,
                                                                             AGENCY:        Food and Drug Administration,                                OMB, Attn: FDA Desk Officer, Fax: 202–
                                                                             HHS.                                                                        395–7285, or emailed to oira_
                                                                             ACTION:       Notice.                                                       submission@omb.eop.gov. All
                                                                                                                                                         comments should be identified with the
                                                                             SUMMARY:   The Food and Drug                                                OMB control number 0910–0216. Also
                                                                             Administration (FDA) is announcing                                          include the FDA docket number found
                                                                             that a proposed collection of                                               in brackets in the heading of this
                                                                             information has been submitted to the                                       document.


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Document Created: 2017-09-22 01:52:40
Document Modified: 2017-09-22 01:52:40
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 November 21, 2017.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation82 FR 44417 

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