82_FR_56261 82 FR 56035 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Electronic Signatures

82 FR 56035 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Electronic Signatures

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range56035-56036
FR Document2017-25453

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 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56035-56036]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25453]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0076]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Electronic Signatures

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 
December 27, 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 0910-0303. 
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, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7729, 
[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.

Electronic Records; Electronic Signatures

OMB Control Number 0910-0303--Extension

    This information collection supports FDA regulations; specifically, 
in part 11 (21 CFR part 11), which sets forth criteria for acceptance 
of electronic records, electronic signatures, and handwritten 
signatures executed to electronic records as equivalent to paper 
records. Under these regulations, records and reports may be submitted 
to FDA electronically provided the Agency has stated its ability to 
accept the records electronically in an Agency-established public 
docket and that the other requirements of part 11 are met.
    The recordkeeping provisions in part 11 (Sec. Sec.  11.10, 11.30, 
11.50, and 11.300) require the following standard operating procedures 
to assure appropriate use of, and precautions for, systems using 
electronic records and signatures: (1) Sec.  11.10 specifies procedures 
and controls for persons who use closed systems to create, modify, 
maintain, or transmit electronic records; (2) Sec.  11.30 specifies 
procedures and controls for persons who use open systems to create, 
modify, maintain, or transmit electronic records; (3) Sec.  11.50 
specifies procedures and controls for persons who use electronic 
signatures; and (4) Sec.  11.300 specifies controls to ensure the 
security and integrity of electronic signatures based upon use of 
identification codes in combination with passwords. The reporting 
provision (Sec.  11.100) requires persons to certify in writing to FDA 
that they will regard electronic signatures used in their systems as 
the legally binding equivalent of traditional handwritten signatures.
    The burden created by the information collection provision of this 
regulation is a one-time burden associated with the creation of 
standard operating procedures, validation, and certification. The 
Agency anticipates the use of electronic media will substantially 
reduce the paperwork burden associated with maintaining FDA required 
records. The respondents are businesses and other for-profit 
organizations, State or local governments, Federal Agencies, and 
nonprofit institutions.
    In the Federal Register of June 19, 2017 (82 FR 27838), we 
published a 60-day notice requesting public comment on the proposed 
extension of this collection of information. No comments were received 
in response to the information collection topics solicited in the 
notice. However, one comment was received regarding a related Agency 
draft guidance entitled, ``Use of Electronic Records and Electronic 
Signatures in Clinical Investigations Under 21 CFR part 11--Questions 
and Answers,'' and the comment has been directed to the appropriate 
Agency components for consideration.
    We therefore estimate the burden of this collection of information 
as follows:

                                                      Table 1--Estimated Annual Reporting Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Number of                      Average  burden
                           21 CFR section                               Number of      responses per     Total annual    per  response     Total hours
                                                                       respondents       respondent       responses        (in hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
11.100.............................................................           4,500                1            4,500                1            4,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


[[Page 56036]]


                                Table 2--Estimated Annual Recordkeeping Burden 1
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                     Number of       Number of     Total annual     burden per
         21 CFR section             respondents    responses per     responses     response (in     Total hours
                                                    respondent                        hours)
----------------------------------------------------------------------------------------------------------------
11.10...........................           2,500               1           2,500              20          50,000
11.30...........................           2,500               1           2,500              20          50,000
11.50...........................           4,500               1           4,500              20          90,000
11.300..........................           4,500               1           4,500              20          90,000
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         280,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: November 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-25453 Filed 11-24-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                        Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices                                                          56035

                                                    guidance specifies the circumstances                                      DATES:  Fax written comments on the                     electronic records and signatures: (1)
                                                    under which packages and homogenous                                       collection of information by December                   § 11.10 specifies procedures and
                                                    cases of product that are not labeled                                     27, 2017.                                               controls for persons who use closed
                                                    with a product identifier and that are in                                 ADDRESSES: To ensure that comments on                   systems to create, modify, maintain, or
                                                    the pharmaceutical distribution supply                                    the information collection are received,                transmit electronic records; (2) § 11.30
                                                    chain at the time of the effective date of                                OMB recommends that written                             specifies procedures and controls for
                                                    the requirements of section 582 of the                                    comments be faxed to the Office of                      persons who use open systems to create,
                                                    FD&C Act shall be exempted from                                           Information and Regulatory Affairs,                     modify, maintain, or transmit electronic
                                                    certain requirements of section 582, it                                   OMB, Attn: FDA Desk Officer, Fax: 202–                  records; (3) § 11.50 specifies procedures
                                                    will have binding effect upon                                             395–7285, or emailed to oira_                           and controls for persons who use
                                                    finalization.                                                             submission@omb.eop.gov. All                             electronic signatures; and (4) § 11.300
                                                                                                                              comments should be identified with the                  specifies controls to ensure the security
                                                    II. Electronic Access
                                                                                                                              OMB control number 0910–0303. Also                      and integrity of electronic signatures
                                                      Persons with access to the internet                                     include the FDA docket number found                     based upon use of identification codes
                                                    may obtain the guidance document at                                       in brackets in the heading of this                      in combination with passwords. The
                                                    https://www.fda.gov/Drugs/Guidance                                        document.                                               reporting provision (§ 11.100) requires
                                                    ComplianceRegulatoryInformation/                                                                                                  persons to certify in writing to FDA that
                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                    Guidances/default.htm, https://www.                                                                                               they will regard electronic signatures
                                                                                                                              Domini Bean, Office of Operations,
                                                    fda.gov/BiologicsBloodVaccines/                                                                                                   used in their systems as the legally
                                                                                                                              Food and Drug Administration, Three
                                                    GuidanceComplianceRegulatory                                                                                                      binding equivalent of traditional
                                                                                                                              White Flint North, 10A–12M, 11601
                                                    Information/Guidances/default.htm, or                                                                                             handwritten signatures.
                                                                                                                              Landsdown St., North Bethesda, MD
                                                    https://www.regulations.gov.                                                                                                         The burden created by the
                                                                                                                              20852, 301–796–7729, PRAStaff@
                                                      Dated: November 20, 2017.                                               fda.hhs.gov.                                            information collection provision of this
                                                    Leslie Kux,                                                                                                                       regulation is a one-time burden
                                                                                                                              SUPPLEMENTARY INFORMATION: In                           associated with the creation of standard
                                                    Associate Commissioner for Policy.                                        compliance with 44 U.S.C. 3507, FDA                     operating procedures, validation, and
                                                    [FR Doc. 2017–25457 Filed 11–24–17; 8:45 am]                              has submitted the following proposed                    certification. The Agency anticipates the
                                                    BILLING CODE 4164–01–P                                                    collection of information to OMB for                    use of electronic media will
                                                                                                                              review and clearance.                                   substantially reduce the paperwork
                                                                                                                              Electronic Records; Electronic                          burden associated with maintaining
                                                    DEPARTMENT OF HEALTH AND
                                                                                                                              Signatures                                              FDA required records. The respondents
                                                    HUMAN SERVICES
                                                                                                                                                                                      are businesses and other for-profit
                                                                                                                              OMB Control Number 0910–0303—                           organizations, State or local
                                                    Food and Drug Administration
                                                                                                                              Extension                                               governments, Federal Agencies, and
                                                                                                                                This information collection supports                  nonprofit institutions.
                                                    [Docket No. FDA–2011–N–0076]
                                                                                                                              FDA regulations; specifically, in part 11                  In the Federal Register of June 19,
                                                    Agency Information Collection                                             (21 CFR part 11), which sets forth                      2017 (82 FR 27838), we published a 60-
                                                    Activities; Submission for Office of                                      criteria for acceptance of electronic                   day notice requesting public comment
                                                    Management and Budget Review;                                             records, electronic signatures, and                     on the proposed extension of this
                                                    Comment Request; Electronic                                               handwritten signatures executed to                      collection of information. No comments
                                                    Signatures                                                                electronic records as equivalent to paper               were received in response to the
                                                                                                                              records. Under these regulations,                       information collection topics solicited
                                                    AGENCY:        Food and Drug Administration,                              records and reports may be submitted to                 in the notice. However, one comment
                                                    HHS.                                                                      FDA electronically provided the Agency                  was received regarding a related Agency
                                                    ACTION:      Notice.                                                      has stated its ability to accept the                    draft guidance entitled, ‘‘Use of
                                                                                                                              records electronically in an Agency-                    Electronic Records and Electronic
                                                    SUMMARY:   The Food and Drug                                              established public docket and that the                  Signatures in Clinical Investigations
                                                    Administration (FDA) is announcing                                        other requirements of part 11 are met.                  Under 21 CFR part 11—Questions and
                                                    that a proposed collection of                                               The recordkeeping provisions in part                  Answers,’’ and the comment has been
                                                    information has been submitted to the                                     11 (§§ 11.10, 11.30, 11.50, and 11.300)                 directed to the appropriate Agency
                                                    Office of Management and Budget                                           require the following standard operating                components for consideration.
                                                    (OMB) for review and clearance under                                      procedures to assure appropriate use of,                   We therefore estimate the burden of
                                                    the Paperwork Reduction Act of 1995.                                      and precautions for, systems using                      this collection of information as follows:

                                                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                           Average
                                                                                                                                                                   Number of
                                                                                                                                                 Number of                          Total annual         burden per
                                                                                    21 CFR section                                                               responses per                                         Total hours
                                                                                                                                                respondents                          responses            response
                                                                                                                                                                   respondent                             (in hours)
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    11.100 ..................................................................................      4,500                 1              4,500                1           4,500
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.




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                                                    56036                                Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

                                                                                                              TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                                                                                       Average
                                                                                                                                                                              Number of
                                                                                                                                                   Number of                                            Total annual                 burden per
                                                                                    21 CFR section                                                                          responses per                                                                    Total hours
                                                                                                                                                  respondents                                            responses                    response
                                                                                                                                                                              respondent                                              (in hours)

                                                    11.10 ....................................................................................                  2,500                            1                    2,500                           20           50,000
                                                    11.30 ....................................................................................                  2,500                            1                    2,500                           20           50,000
                                                    11.50 ....................................................................................                  4,500                            1                    4,500                           20           90,000
                                                    11.300 ..................................................................................                   4,500                            1                    4,500                           20           90,000

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................       280,000
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: November 20, 2017.                                                ADDRESSES:   The public workshop will                                       that must be submitted to FDA and all
                                                    Leslie Kux,                                                                be held at the Conference Center at 1777                                    participating investigators under the
                                                    Associate Commissioner for Policy.                                         F Street NW., Washington, DC 20006.                                         IND safety reporting regulations at
                                                    [FR Doc. 2017–25453 Filed 11–24–17; 8:45 am]                               For additional travel and hotel                                             § 312.32. The focus of this draft
                                                    BILLING CODE 4164–01–P
                                                                                                                               information, please refer to the                                            guidance is on safety information that is
                                                                                                                               following Web site: https://                                                only interpretable in the aggregate and
                                                                                                                               healthpolicy.duke.edu/events/fda-ind-                                       therefore, this guidance is most
                                                    DEPARTMENT OF HEALTH AND                                                   safety-reporting-meeting. There will also                                   applicable to late-stage studies and drug
                                                    HUMAN SERVICES                                                             be a live webcast for those unable to                                       development programs that have
                                                                                                                               attend the meeting in person (see                                           multiple studies. This guidance
                                                    Food and Drug Administration                                               Streaming Webcast of Public                                                 contains recommendations on the
                                                                                                                               Workshop).                                                                  following matters that are most relevant
                                                    [Docket No. FDA–2015–D–4562]                                                                                                                           to sponsors’ review of aggregate data for
                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                               Lauren Wedlake, Center for Drug                                             IND safety reporting: (1) The entity that
                                                    Safety Assessment for Investigational                                                                                                                  reviews aggregate data, (2) methods for
                                                    New Drug Safety Reporting; Public                                          Evaluation and Research, Food and
                                                                                                                               Drug Administration, 10903 New                                              aggregate analyses of safety data, (3)
                                                    Workshop                                                                                                                                               maintaining trial integrity while
                                                                                                                               Hampshire Ave., Bldg. 51, Rm. 6362,
                                                    AGENCY:        Food and Drug Administration,                               Silver Spring, MD 20993, 301–796–                                           reviewing unblinded data, and (4)
                                                    HHS.                                                                       2728, Lauren.Wedlake@fda.hhs.gov.                                           reporting criteria. This guidance also
                                                                                                                                                                                                           contains recommendations regarding
                                                    ACTION:      Notice of public workshop.                                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                                                           the development of a plan for safety
                                                    SUMMARY:    The Food and Drug                                              I. Background                                                               surveillance, and includes
                                                    Administration (FDA, the Agency, or                                           The IND safety reporting requirements                                    considerations and recommendations.
                                                    we) is announcing the public workshop                                                                                                                     Timely reporting of meaningful safety
                                                                                                                               for human drugs and biological
                                                    entitled ‘‘Safety Assessment for IND                                                                                                                   information allows FDA to consider
                                                                                                                               products being studied under an IND
                                                    Safety Reporting.’’ Convened by the                                                                                                                    whether any changes in study conduct
                                                                                                                               are stated in § 312.32 (21 CFR 312.32).
                                                    Duke-Robert J. Margolis, MD, Center for                                                                                                                should be made beyond those initiated
                                                                                                                               In 2012, FDA published final guidance
                                                    Health Policy at Duke University and                                                                                                                   by the sponsor and allows investigators
                                                                                                                               for industry and investigators regarding
                                                    supported by a cooperative agreement                                                                                                                   to make any needed changes to protect
                                                                                                                               implementation of these requirements
                                                    with FDA, the purpose of the public                                                                                                                    subjects. Simply reporting all serious
                                                                                                                               entitled ‘‘Safety Reporting Requirements
                                                    workshop is to bring the stakeholder                                                                                                                   adverse events, however, including
                                                                                                                               for INDs and BA/BE Studies.1 ’’ During
                                                    community together to discuss a variety                                                                                                                those where there is little reason to
                                                                                                                               the evaluation of comments to the draft                                     consider them suspected adverse
                                                    of topics related to ‘‘Safety Assessment                                   guidance for industry and investigators
                                                    for Investigational New Drug (IND)                                                                                                                     reactions (suspected adverse reactions
                                                                                                                               entitled ‘‘Safety Reporting Requirements                                    being those with a reasonable possibility
                                                    Safety Reporting.’’ This public                                            for INDs and BA/BE Studies’’ (Docket
                                                    workshop is organized in response to                                                                                                                   of having been caused by the drug), does
                                                                                                                               No. FDA–2010–D–0482) and at meetings                                        not serve this purpose because it may
                                                    public comments received to Docket No.                                     with stakeholders, FDA identified the                                       obscure safety information that is
                                                    FDA–2015–D–4562 for the draft                                              need for additional guidance on IND                                         relevant to the investigational drug.
                                                    guidance ‘‘Safety Assessment for IND                                       safety reporting. The draft guidance for                                    Sponsors’ effective processes for a
                                                    Safety Reporting’’ issued in December                                      industry entitled ‘‘Safety Assessment for                                   systematic approach to safety
                                                    2015 requesting a public meeting to                                        IND Safety Reporting’’ was issued in                                        surveillance, coupled with IND safety
                                                    discuss the draft guidance and its                                         December 2015 2 as a follow-on to the                                       reporting of suspected adverse reactions
                                                    implications. The public workshop is                                       guidance for industry and investigators                                     to FDA and all participating
                                                    intended to engage external                                                entitled ‘‘Safety Reporting Requirements                                    investigators (and subsequent reporting
                                                    stakeholders in discussions related to                                     for INDs and BA/BE Studies’’ and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                                                           to involved institutional review boards),
                                                    finalizing the draft guidance entitled                                     provides recommendations for how                                            allows all parties to focus on important
                                                    ‘‘Safety Assessment for IND Safety                                         sponsors of INDs can identify and                                           safety issues and to take actions to
                                                    Reporting.’’                                                               evaluate important safety information                                       minimize the risks of participation in a
                                                    DATES:  The public workshop will be                                                                                                                    clinical trial. Sponsors are encouraged
                                                                                                                                 1 Available at: https://www.fda.gov/downloads/
                                                    held on January 11, 2018, from 9 a.m.                                                                                                                  to have internal processes for governing
                                                                                                                               Drugs/Guidances/UCM227351.pdf.
                                                    to 4 p.m., Eastern Time. See the                                             2 https://www.fda.gov/downloads/Drugs/                                    the safety surveillance and safety
                                                    SUPPLEMENTARY INFORMATION section for                                      GuidanceComplianceRegulatoryInformation/                                    reporting for their development
                                                    registration date and information.                                         Guidances/UCM477584.pdf.                                                    programs. Such process may include


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Document Created: 2017-11-25 01:08:39
Document Modified: 2017-11-25 01:08:39
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 December 27, 2017.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7729, [email protected]
FR Citation82 FR 56035 

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