83_FR_33014 83 FR 32878 - Hypertension: Conducting Studies of Drugs To Treat Patients on a Background of Multiple Antihypertensive Drugs; Draft Guidance for Industry; Availability

83 FR 32878 - Hypertension: Conducting Studies of Drugs To Treat Patients on a Background of Multiple Antihypertensive Drugs; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 136 (July 16, 2018)

Page Range32878-32880
FR Document2018-15092

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Hypertension: Conducting Studies of Drugs to Treat Patients on a Background of Multiple Antihypertensive Drugs.'' This draft guidance is intended to clarify the recommended approach for sponsors developing drugs to treat hypertension for patients who are on a background of multiple antihypertensive drugs.

Federal Register, Volume 83 Issue 136 (Monday, July 16, 2018)
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Pages 32878-32880]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15092]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-2515]


Hypertension: Conducting Studies of Drugs To Treat Patients on a 
Background of Multiple Antihypertensive Drugs; Draft Guidance for 
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled 
``Hypertension: Conducting Studies of Drugs to Treat Patients on a 
Background of Multiple Antihypertensive Drugs.'' This draft guidance is 
intended to clarify the recommended approach for sponsors developing 
drugs to treat hypertension for patients who are on a background of 
multiple antihypertensive drugs.

DATES: Submit either electronic or written comments on the draft 
guidance by September 14, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

[[Page 32879]]

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-2018-D-2515 for ``Hypertension: Conducting Studies of Drugs to 
Treat Patients on a Background of Multiple Antihypertensive Drugs; 
Draft Guidance for Industry; Availability.'' Received comments 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Stephen Grant, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 4160, Silver Spring, MD 20903, 301-796-
2240.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Hypertension: Conducting Studies of Drugs to Treat Patients 
on a Background of Multiple Antihypertensive Drugs.'' This draft 
guidance is intended to clarify the recommended approach for sponsors 
developing drugs to treat hypertension for patients who are on a 
background of multiple antihypertensive drugs. Sponsors have approached 
FDA to discuss development programs for drugs intended to treat 
resistant hypertension, which sponsors have defined as hypertension not 
adequately controlled by maximally tolerated doses of three or more 
antihypertensive drugs with different mechanisms of action. FDA 
encourages development of additional classes of drugs for hypertension, 
particularly classes of drugs that demonstrate effects when added to 
currently available therapies.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on conducting 
studies of drugs to treat hypertension in patients on a background of 
multiple antihypertensive drugs. It does not establish any rights for 
any person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations. This guidance is not subject to Executive 
Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information that are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 312 have been 
approved under OMB control number 0910-0014. The collection of 
information in the guidance for industry entitled ``Hypertension 
Indication: Drug Labeling for Cardiovascular Outcome Claims'' 
(available at https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-drugs-gen/documents/document/ucm075072.pdf) has been approved under OMB 
control number 0910-0670.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or 
https://www.regulations.gov.


[[Page 32880]]


    Dated: July 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-15092 Filed 7-13-18; 8:45 am]
BILLING CODE 4164-01-P



                                                32878                                     Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

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

                                                511.1(b)(4); submission of NCIE .........................................                                      104                      15.38              1,600                            1            1,600
                                                511.1(b)(5); submission of data to obtain authorization for
                                                  the use of edible food products .......................................                                       104                      0.30                    31                         8               248
                                                511.1(b)(6); submission of any additional information upon
                                                  request of FDA .................................................................                             104                        0.02                     2                        1                   2
                                                511.1(b)(8)(ii); reporting of findings that may suggest sig-
                                                  nificant hazards pertinent to the safety of the new ani-
                                                  mal drug ...........................................................................                          104                       0.14                  15                           2              30
                                                511.1(b)(9); reporting by importers of investigational new
                                                  animal drugs for clinical investigational use in animals ...                                                  104                       0.14                  15                          8               120

                                                      Total ..............................................................................    ........................   ........................          1,663       ........................          2,000
                                                   1.There     are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                         TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                           Number of                                      Average
                                                                                                                                                                                                       Total
                                                                                                                                                Number of                    records                                      burden                    Total
                                                                          21 CFR section/activity                                                                                                     annual
                                                                                                                                              recordkeepers                    per                                          per                     hours
                                                                                                                                                                                                      records
                                                                                                                                                                          recordkeeper                                 recordkeeping

                                                511.1(a)(3); maintain records showing the name and post
                                                  office address of the expert or expert organization to
                                                  whom the new animal drug is shipped and the date,
                                                  quantity, and batch or code mark of each shipment and
                                                  delivery for a period of 2 years after such shipment or
                                                  delivery .............................................................................                        104                         2.5                 260                         1               260
                                                511.1(b)(3); maintain records showing the name and post
                                                  office address of the expert or expert organization to
                                                  whom the new animal drug or feed containing same is
                                                  shipped and the date, quantity, and batch or code mark
                                                  of each shipment and delivery for a period of 2 years
                                                  after such shipment or delivery ........................................                                     104                      15.38              1,600                            1            1,600
                                                511.1(b)(7); maintain records of the investigation, including
                                                  records of the receipt and disposition of each shipment
                                                  or delivery of the investigational new animal drug ..........                                                 104                     15.38              1,600                          3.5            5,600
                                                511.1(b)(8)(i); maintain records of all reports received by a
                                                  sponsor from investigators ...............................................                                    104                    15.38               1,600                         3.5             5,600

                                                      Total ..............................................................................    ........................   ........................          5,060       ........................         13,060
                                                   1.There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   The estimate of the time required for                                   an increase in the number of annual                                       ACTION:    Notice of availability.
                                                reporting requirements, record                                             responses and records.
                                                preparation, and maintenance for this                                                                                                                SUMMARY:    The Food and Drug
                                                                                                                             Dated: July 10, 2018.
                                                collection of information is based on our                                                                                                            Administration (FDA or Agency) is
                                                                                                                           Leslie Kux,                                                               announcing the availability of a draft
                                                informal communication with industry.                                      Associate Commissioner for Policy.                                        guidance for industry entitled
                                                Based on the number of sponsors                                            [FR Doc. 2018–15087 Filed 7–13–18; 8:45 am]                               ‘‘Hypertension: Conducting Studies of
                                                subject to animal drug user fees, we
                                                                                                                           BILLING CODE 4164–01–P                                                    Drugs to Treat Patients on a Background
                                                estimate that there are 104 respondents.
                                                                                                                                                                                                     of Multiple Antihypertensive Drugs.’’
                                                We use this estimate consistently                                                                                                                    This draft guidance is intended to
                                                throughout the table and calculate the                                     DEPARTMENT OF HEALTH AND                                                  clarify the recommended approach for
                                                ‘‘number of responses per respondent’’                                     HUMAN SERVICES                                                            sponsors developing drugs to treat
                                                by dividing the total annual responses                                                                                                               hypertension for patients who are on a
                                                by number of respondents. Additional                                       Food and Drug Administration                                              background of multiple
                                                information needed to make a final                                         [Docket No. FDA–2018–D–2515]                                              antihypertensive drugs.
                                                calculation of the total burden hours                                                                                                                DATES: Submit either electronic or
sradovich on DSK3GMQ082PROD with NOTICES




                                                (i.e., the number of respondents, the                                      Hypertension: Conducting Studies of                                       written comments on the draft guidance
                                                number of recordkeepers, the number of                                     Drugs To Treat Patients on a                                              by September 14, 2018 to ensure that
                                                NCIEs received, etc.) is derived from our                                  Background of Multiple                                                    the Agency considers your comment on
                                                records. The burden for this information                                   Antihypertensive Drugs; Draft                                             this draft guidance before it begins work
                                                collection has changed since the last                                      Guidance for Industry; Availability                                       on the final version of the guidance.
                                                OMB approval. We estimate an overall                                       AGENCY:           Food and Drug Administration,                           ADDRESSES: You may submit comments
                                                increase in burden that we attribute to                                    HHS.                                                                      on any guidance at any time as follows:


                                           VerDate Sep<11>2014        17:31 Jul 13, 2018        Jkt 244001       PO 00000        Frm 00047        Fmt 4703       Sfmt 4703       E:\FR\FM\16JYN1.SGM       16JYN1


                                                                                Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices                                           32879

                                                Electronic Submissions                                   information you claim to be confidential              Drugs to Treat Patients on a Background
                                                  Submit electronic comments in the                      with a heading or cover note that states              of Multiple Antihypertensive Drugs.’’
                                                following way:                                           ‘‘THIS DOCUMENT CONTAINS                              This draft guidance is intended to
                                                  • Federal eRulemaking Portal:                          CONFIDENTIAL INFORMATION.’’ The                       clarify the recommended approach for
                                                https://www.regulations.gov. Follow the                  Agency will review this copy, including               sponsors developing drugs to treat
                                                instructions for submitting comments.                    the claimed confidential information, in              hypertension for patients who are on a
                                                Comments submitted electronically,                       its consideration of comments. The                    background of multiple
                                                including attachments, to https://                       second copy, which will have the                      antihypertensive drugs. Sponsors have
                                                www.regulations.gov will be posted to                    claimed confidential information                      approached FDA to discuss
                                                the docket unchanged. Because your                       redacted/blacked out, will be available               development programs for drugs
                                                comment will be made public, you are                     for public viewing and posted on                      intended to treat resistant hypertension,
                                                solely responsible for ensuring that your                https://www.regulations.gov. Submit
                                                                                                                                                               which sponsors have defined as
                                                comment does not include any                             both copies to the Dockets Management
                                                                                                                                                               hypertension not adequately controlled
                                                confidential information that you or a                   Staff. If you do not wish your name and
                                                                                                                                                               by maximally tolerated doses of three or
                                                third party may not wish to be posted,                   contact information to be made publicly
                                                                                                         available, you can provide this                       more antihypertensive drugs with
                                                such as medical information, your or                                                                           different mechanisms of action. FDA
                                                anyone else’s Social Security number, or                 information on the cover sheet and not
                                                                                                         in the body of your comments and you                  encourages development of additional
                                                confidential business information, such                                                                        classes of drugs for hypertension,
                                                as a manufacturing process. Please note                  must identify this information as
                                                                                                         ‘‘confidential.’’ Any information marked              particularly classes of drugs that
                                                that if you include your name, contact                                                                         demonstrate effects when added to
                                                information, or other information that                   as ‘‘confidential’’ will not be disclosed
                                                                                                         except in accordance with 21 CFR 10.20                currently available therapies.
                                                identifies you in the body of your
                                                comments, that information will be                       and other applicable disclosure law. For                 This draft guidance is being issued
                                                posted on https://www.regulations.gov.                   more information about FDA’s posting                  consistent with FDA’s good guidance
                                                  • If you want to submit a comment                      of comments to public dockets, see 80                 practices regulation (21 CFR 10.115).
                                                with confidential information that you                   FR 56469, September 18, 2015, or access               The draft guidance, when finalized, will
                                                do not wish to be made available to the                  the information at: https://www.gpo.gov/              represent the current thinking of FDA
                                                public, submit the comment as a                          fdsys/pkg/FR-2015-09-18/pdf/2015-                     on conducting studies of drugs to treat
                                                written/paper submission and in the                      23389.pdf.                                            hypertension in patients on a
                                                manner detailed (see ‘‘Written/Paper                        Docket: For access to the docket to
                                                                                                                                                               background of multiple
                                                Submissions’’ and ‘‘Instructions’’).                     read background documents or the
                                                                                                                                                               antihypertensive drugs. It does not
                                                                                                         electronic and written/paper comments
                                                Written/Paper Submissions                                                                                      establish any rights for any person and
                                                                                                         received, go to https://
                                                                                                         www.regulations.gov and insert the                    is not binding on FDA or the public.
                                                   Submit written/paper submissions as                                                                         You can use an alternative approach if
                                                follows:                                                 docket number, found in brackets in the
                                                                                                         heading of this document, into the                    it satisfies the requirements of the
                                                   • Mail/Hand delivery/Courier (for                                                                           applicable statutes and regulations. This
                                                written/paper submissions): Dockets                      ‘‘Search’’ box and follow the prompts
                                                                                                         and/or go to the Dockets Management                   guidance is not subject to Executive
                                                Management Staff (HFA–305), Food and
                                                                                                         Staff, 5630 Fishers Lane, Rm. 1061,                   Order 12866.
                                                Drug Administration, 5630 Fishers
                                                Lane, Rm. 1061, Rockville, MD 20852.                     Rockville, MD 20852.                                  II. Paperwork Reduction Act of 1995
                                                   • For written/paper comments                             You may submit comments on any
                                                submitted to the Dockets Management                      guidance at any time (see 21 CFR                        This guidance refers to previously
                                                Staff, FDA will post your comment, as                    10.115(g)(5)).                                        approved collections of information that
                                                well as any attachments, except for                         Submit written requests for single                 are subject to review by the Office of
                                                information submitted, marked and                        copies of the draft guidance to the                   Management and Budget (OMB) under
                                                identified, as confidential, if submitted                Division of Drug Information, Center for              the Paperwork Reduction Act of 1995
                                                as detailed in ‘‘Instructions.’’                         Drug Evaluation and Research, Food                    (44 U.S.C. 3501–3520). The collections
                                                   Instructions: All submissions received                and Drug Administration, 10001 New                    of information in 21 CFR part 312 have
                                                must include the Docket No. FDA–                         Hampshire Ave., Hillandale Building,
                                                                                                                                                               been approved under OMB control
                                                2018–D–2515 for ‘‘Hypertension:                          4th Floor, Silver Spring, MD 20993–
                                                                                                                                                               number 0910–0014. The collection of
                                                Conducting Studies of Drugs to Treat                     0002. Send one self-addressed adhesive
                                                                                                                                                               information in the guidance for industry
                                                Patients on a Background of Multiple                     label to assist that office in processing
                                                                                                         your requests. See the SUPPLEMENTARY                  entitled ‘‘Hypertension Indication: Drug
                                                Antihypertensive Drugs; Draft Guidance                                                                         Labeling for Cardiovascular Outcome
                                                for Industry; Availability.’’ Received                   INFORMATION section for electronic
                                                                                                         access to the draft guidance document.                Claims’’ (available at https://
                                                comments will be placed in the docket                                                                          www.fda.gov/ucm/groups/fdagov-
                                                and, except for those submitted as                       FOR FURTHER INFORMATION CONTACT:
                                                                                                         Stephen Grant, Center for Drug                        public/@fdagov-drugs-gen/documents/
                                                ‘‘Confidential Submissions,’’ publicly                                                                         document/ucm075072.pdf) has been
                                                viewable at https://www.regulations.gov                  Evaluation and Research, Food and
                                                                                                         Drug Administration, 10903 New                        approved under OMB control number
                                                or at the Dockets Management Staff
                                                                                                         Hampshire Ave., Bldg. 22, Rm. 4160,                   0910–0670.
                                                between 9 a.m. and 4 p.m., Monday
                                                through Friday.                                          Silver Spring, MD 20903, 301–796–
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               III. Electronic Access
                                                   • Confidential Submissions—To                         2240.
                                                submit a comment with confidential                       SUPPLEMENTARY INFORMATION:                              Persons with access to the internet
                                                information that you do not wish to be                                                                         may obtain the draft guidance at either
                                                made publicly available, submit your                     I. Background                                         https://www.fda.gov/Drugs/Guidance
                                                comments only as a written/paper                            FDA is announcing the availability of              ComplianceRegulatoryInformation/
                                                submission. You should submit two                        a draft guidance for industry entitled                Guidances/default.htm or https://
                                                copies total. One copy will include the                  ‘‘Hypertension: Conducting Studies of                 www.regulations.gov.


                                           VerDate Sep<11>2014   17:31 Jul 13, 2018   Jkt 244001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\16JYN1.SGM   16JYN1


                                                32880                           Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Notices

                                                  Dated: July 9, 2018.                                   collection of information to OMB for                     Section 111.75(a)(1) reflects our
                                                Leslie Kux,                                              review and clearance.                                 determination that manufacturers that
                                                Associate Commissioner for Policy.                                                                             test or examine 100 percent of the
                                                                                                         Petition To Request an Exemption From
                                                [FR Doc. 2018–15092 Filed 7–13–18; 8:45 am]                                                                    incoming dietary ingredients for
                                                                                                         100 Percent Identity Testing of Dietary
                                                                                                                                                               identity can be assured of the identity
                                                BILLING CODE 4164–01–P                                   Ingredients: Current Good
                                                                                                                                                               of the ingredient. However, we
                                                                                                         Manufacturing Practice in
                                                                                                                                                               recognize that it may be possible for a
                                                                                                         Manufacturing, Packaging, Labeling, or
                                                DEPARTMENT OF HEALTH AND                                                                                       manufacturer to demonstrate, through
                                                                                                         Holding Operations for Dietary
                                                HUMAN SERVICES                                                                                                 various methods and processes in use
                                                                                                         Supplements—21 CFR 111.75(a)(1)(ii)
                                                                                                                                                               over time for its particular operation,
                                                Food and Drug Administration                             OMB Control Number 0910–0608—                         that a system of less than 100 percent
                                                                                                         Extension                                             identity testing would result in no
                                                [Docket No. FDA–2018–N–1011]
                                                                                                                                                               material diminution of assurance of the
                                                                                                            This information collection supports               identity of the dietary ingredient as
                                                Agency Information Collection                            Agency regulations. The Dietary
                                                Activities; Submission for Office of                                                                           compared to the assurance provided by
                                                                                                         Supplement Health and Education Act                   100 percent identity testing. To provide
                                                Management and Budget Review;                            (Pub. L. 103–417) added section 402(g)
                                                Comment Request; Petition To                                                                                   an opportunity for a manufacturer to
                                                                                                         of the Federal Food, Drug, and Cosmetic               make such a showing and reduce the
                                                Request an Exemption From 100                            Act (FD&C Act) (21 U.S.C. 342(g)),
                                                Percent Identity Testing of Dietary                                                                            frequency of identity testing of
                                                                                                         which provides, in part, that the                     components that are dietary ingredients
                                                Ingredients: Current Good                                Secretary of Health and Human Services
                                                Manufacturing Practice in                                                                                      from 100 percent to some lower
                                                                                                         may, by regulation, prescribe good                    frequency, we added to § 111.75(a)(1),
                                                Manufacturing, Packaging, Labeling, or                   manufacturing practices for dietary
                                                Holding Operations for Dietary                                                                                 an exemption from the requirement of
                                                                                                         supplements. Section 402(g)(1) of the                 100 percent identity testing when a
                                                Supplements                                              FD&C Act states that a dietary                        manufacturer petitions the Agency for
                                                AGENCY:    Food and Drug Administration,                 supplement is adulterated if it has been              such an exemption to 100 percent
                                                HHS.                                                     prepared, packed, or held under the                   identity testing under § 10.30 (21 CFR
                                                ACTION:   Notice.                                        types of conditions that do not meet                  10.30) and the Agency grants such
                                                                                                         current good manufacturing practice                   exemption. Such a procedure would be
                                                SUMMARY:   The Food and Drug                             regulations. Section 701(a) of the FD&C               consistent with our stated goal, as
                                                Administration (FDA) is announcing                       Act (21 U.S.C. 371(a)) gives us the                   described in the CGMP final rule, of
                                                that a proposed collection of                            authority to issue regulations for the                providing flexibility in the CGMP
                                                information has been submitted to the                    efficient enforcement of the FD&C Act.                requirements. Section 111.75(a)(1)(ii)
                                                Office of Management and Budget                             Part 111 (21 CFR part 111) establishes             sets forth the information a
                                                (OMB) for review and clearance under                     the minimum Current Good                              manufacturer is required to submit in
                                                the Paperwork Reduction Act of 1995.                     Manufacturing Practice (CGMP)                         such a petition. The regulation also
                                                DATES: Fax written comments on the                       necessary for activities related to                   contains a requirement to ensure that
                                                collection of information by August 15,                  manufacturing, packaging, labeling, or                the manufacturer keeps our response to
                                                2018.                                                    holding dietary supplements to ensure                 a petition submitted under
                                                ADDRESSES: To ensure that comments on                    the quality of the dietary supplement.                § 111.75(a)(1)(ii) as a record under
                                                the information collection are received,                 Section 111.75(a)(1) of our regulations               § 111.95 (21 CFR 111.95). The collection
                                                OMB recommends that written                              (21 CFR 111.75(a)(1)) establishes a                   of information in § 111.95 has been
                                                comments be faxed to the Office of                       procedure for a petition to request an                approved under OMB control number
                                                Information and Regulatory Affairs,                      exemption from 100 percent identity                   0910–0606.
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                   testing of dietary ingredients. Under                    In the Federal Register of April 9,
                                                395–7285, or emailed to oira_                            § 111.75(a)(1)(ii), manufacturers may                 2018 (83 FR 15159), FDA published a
                                                submission@omb.eop.gov. All                              request an exemption from the                         60-day notice requesting public
                                                comments should be identified with the                   requirements set forth in                             comment on the proposed collection of
                                                OMB control number 0910–0608. Also                       § 111.75(a)(1)(i) when the dietary                    information. One comment was received
                                                include the FDA docket number found                      ingredient is obtained from one or more               suggesting that ‘‘microbial cultures and
                                                in brackets in the heading of this                       suppliers identified in the petition. The             probiotics should not be required to go
                                                document.                                                regulation clarifies that we are willing to           through such a process to ensure
                                                                                                         consider, on a case-by-case basis, a                  exemption from the Agency’s 100
                                                FOR FURTHER INFORMATION CONTACT:                                                                               percent identity testing requirement,’’
                                                                                                         manufacturer’s conclusion, supported
                                                Domini Bean, Office of Operations,                       by appropriate data and information in                but did not suggest a revision to the
                                                Food and Drug Administration, Three                      the petition submission, that it has                  estimated burden. We appreciate this
                                                White Flint North, 10A–12M, 11601                        developed a system that it would                      comment, however, we believe that the
                                                Landsdown St., North Bethesda, MD                        implement as a sound, consistent means                current requirements impose minimal
                                                20852, 301–796–5733, PRAStaff@                           of establishing, with no material                     information collection while
                                                fda.hhs.gov.                                             diminution of assurance compared to                   simultaneously ensuring the safety of
                                                SUPPLEMENTARY INFORMATION:   In                          the assurance provided by 100 percent                 dietary supplements.
sradovich on DSK3GMQ082PROD with NOTICES




                                                compliance with 44 U.S.C. 3507, FDA                      identity testing, the identity of the                    We estimate the burden of the
                                                has submitted the following proposed                     dietary ingredient before use.                        information collection as follows:




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Document Created: 2018-07-14 00:53:37
Document Modified: 2018-07-14 00:53:37
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 of availability.
DatesSubmit either electronic or written comments on the draft guidance by September 14, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactStephen Grant, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 4160, Silver Spring, MD 20903, 301-796- 2240.
FR Citation83 FR 32878 

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