83_FR_42288 83 FR 42127 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Formal Dispute Resolution; Appeals Above the Division Level

83 FR 42127 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry on Formal Dispute Resolution; Appeals Above the Division Level

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42127-42130
FR Document2018-17860

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the process for formally resolving scientific and procedural disputes in the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER) that cannot be resolved at the division level.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018)
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42127-42130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17860]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0248]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Guidance for Industry on Formal Dispute Resolution; 
Appeals Above the Division Level

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the process for formally resolving 
scientific and procedural disputes in the Center for Drug Evaluation 
and Research (CDER) and the Center for Biologics Evaluation and 
Research (CBER) that cannot be resolved at the division level.

DATES: Submit either electronic or written comments on the collection 
of information by October 19, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before October 19, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of October 19, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

[[Page 42128]]

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-2012-N-0248 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Guidance for Industry on Formal 
Dispute Resolution; Appeals Above the Division Level.'' Received 
comments, those filed in a timely manner (see ADDRESSES), will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://www.regulations.gov or at 
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
PRAStaff@fda.hhs.gov.

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

Guidance for Industry on Formal Dispute Resolution; Appeals Above the 
Division Level

OMB Control Number 0910-0430--Extension

    This information collection approval request is for FDA guidance on 
the process for formally resolving scientific and procedural disputes 
in FDA's CDER and CBER that cannot be resolved at the division level. 
The guidance document describes procedures for formally appealing such 
disputes to the office or center level and for submitting information 
to assist center officials in resolving the issue or issues presented. 
The guidance document provides information on how the Agency will 
interpret and apply provisions of the existing regulations regarding 
internal Agency review of decisions (Sec.  10.75 (21 CFR 10.75)) and 
dispute resolution during the investigational new drug (IND) process 
(Sec.  312.48 (21 CFR 312.48)) and the new drug application/abbreviated 
new drug application (NDA/ANDA) process (Sec.  314.103 (21 CFR 
314.103)). In addition, the guidance document provides information on 
how the Agency will interpret and apply the specific Prescription Drug 
User Fee Act (PDUFA) goals for major dispute resolution associated with 
the development and review of PDUFA products.
    Existing regulations, which appear primarily in parts 10, 312, and 
314 (21 CFR parts 10, 312, and 314), establish procedures for the 
resolution of scientific and procedural disputes between interested 
persons and the Agency, CDER, and CBER. All Agency decisions on such 
matters are based on information in the administrative file (Sec.  
10.75(d)). In general, the information in an administrative file is 
collected under existing regulations in part 312 (OMB control number 
0910-0014), part 314 (OMB control number 0910-0001), and part 601 (21 
CFR part 601) (OMB control number 0910-0338), which specify the 
information manufacturers must submit so that FDA may properly evaluate 
the safety and effectiveness of drugs and biological products. This 
information is usually submitted as part of an IND, NDA, or biologics 
license application (BLA), or as a supplement to an approved 
application. Although FDA already possesses in the administrative file 
the information that would form the basis of a decision on a matter in 
dispute resolution, the submission of information regarding the request 
itself and the data and information that the requestor relies on in the 
appeal would facilitate timely resolution of the dispute. The guidance 
document

[[Page 42129]]

describes the following collections of information not expressly 
specified under existing regulations: The submission of the request for 
dispute resolution as an amendment to the application for the 
underlying product, including the submission of supporting information 
with the request for dispute resolution.
    Agency regulations ((Sec. Sec.  312.23(a)(11) and (d) (21 CFR 
312.23(a)(11) and (d), 314.50 (21 CFR 314.50), 314.94 (21 CFR 314.94), 
and 601.2 (21 CFR 601.2)) state that information provided to the Agency 
as part of an IND, NDA, ANDA, or BLA must be submitted in triplicate 
and with an appropriate cover form. Form FDA 1571 must accompany 
submissions under INDs and Form FDA 356h must accompany submissions 
under NDAs, ANDAs, and BLAs. Both forms have valid OMB control numbers 
as follows: Form FDA 1571 (OMB control number 0910-0014) and Form FDA 
356h (OMB control number 0910-0338).
    In the guidance document, CDER and CBER ask that a request for 
formal dispute resolution be submitted as an amendment to the 
application for the underlying product and that it be submitted to the 
Agency in triplicate with the appropriate form attached, either Form 
FDA 1571 or Form FDA 356h. The Agency recommends that a request be 
submitted as an amendment in this manner for two reasons: (1) To ensure 
that each request is kept in the administrative file with the entire 
underlying application; and (2) to ensure that pertinent information 
about the request is entered into the appropriate tracking databases. 
Use of the information in the Agency's tracking databases enables the 
appropriate Agency official to monitor progress on the resolution of 
the dispute and to ensure that appropriate steps will be taken in a 
timely manner.
    CDER and CBER have determined and the guidance document recommends 
that the following information should be submitted to the appropriate 
center with each request for dispute resolution so that the center may 
quickly and efficiently respond to the request: (1) A brief but 
comprehensive statement of each issue to be resolved, including a 
description of the issue, the nature of the issue (i.e., scientific, 
procedural, or both), possible solutions based on information in the 
administrative file, whether informal dispute resolution was sought 
prior to the formal appeal, whether advisory committee review is 
sought, and the expected outcome; (2) a statement identifying the 
review division/office that issued the original decision on the matter 
and, if applicable, the last Agency official that attempted to formally 
resolve the matter; (3) a list of documents in the administrative file 
or additional copies of such documents that are deemed necessary for 
resolution of the issue or issues; and (4) a statement that the 
previous supervisory level has already had the opportunity to review 
all of the material relied on for dispute resolution. The information 
the Agency suggests submitting with a formal request for dispute 
resolution consists of: (1) Statements describing the issue from the 
perspective of the person with a dispute; (2) brief statements 
describing the history of the matter; and (3) the documents previously 
submitted to FDA under an OMB approved collection of information.
    Based on FDA's experience with dispute resolution, the Agency 
expects that most persons seeking formal dispute resolution will have 
gathered the materials listed previously when identifying the existence 
of a dispute with the Agency. Consequently, FDA anticipates that the 
collection of information attributed solely to the guidance document 
will be minimal.
    Provided in this document is an estimate of the annual reporting 
burden for requests for dispute resolution. Based on data collected 
from review divisions and offices within CDER and CBER, FDA estimates 
that approximately 12 sponsors and applicants (respondents) will submit 
requests for formal dispute resolution to CDER annually and 
approximately one respondent will submit requests for formal dispute 
resolution to CBER annually.
    The total annual responses are the total number of requests 
submitted to CDER and CBER in 1 year, including requests for dispute 
resolution that a single respondent submits more than one time. FDA 
estimates that CDER receives approximately 17 requests annually and 
CBER receives approximately 1 request annually. The hours per response 
is the estimated number of hours that a respondent would spend 
preparing the information to be submitted with a request for formal 
dispute resolution in accordance with the guidance document, including 
the time it takes to gather and copy brief statements describing the 
issue from the perspective of the person with the dispute, brief 
statements describing the history of the matter, and supporting 
information that has already been submitted to the Agency. Based on 
experience, FDA estimates that approximately 8 hours, on average, would 
be needed per response. Therefore, FDA estimates that 8 hours will be 
spent per year by respondents requesting formal dispute resolution in 
accordance with the guidance document.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
   Requests for formal dispute       Number of     responses per   Total annual   Average burden    Total hours
           resolution               respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
CDER............................              12            1.42              17               8             136
CBER............................               1               1               1               8               8
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             144
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 42130]]

    The burden for this information collection has changed since the 
last OMB approval. Our burden estimate reflects a decrease in burden by 
14 records and 112 hours. We attribute this adjustment to a decrease in 
the number of requests received over the last few years.

    Dated: August 14, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-17860 Filed 8-17-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                            Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                           42127

                                               Ave., Bldg. 66, Rm. G642, Silver Spring,                the general nature of the evidence or                 comment on the proposed collection of
                                               MD 20993–0002, Aden.Asefa@                              arguments they wish to present, the                   certain information by the Agency.
                                               fda.hhs.gov, 301–796–0400, or FDA                       names and addresses of proposed                       Under the Paperwork Reduction Act of
                                               Advisory Committee Information Line,                    participants, and an indication of the                1995 (PRA), Federal Agencies are
                                               1–800–741–8138 (301–443–0572 in the                     approximate time requested to make                    required to publish notice in the
                                               Washington, DC area). A notice in the                   their presentation on or before                       Federal Register concerning each
                                               Federal Register about last minute                      September 12, 2018. Time allotted for                 proposed collection of information,
                                               modifications that impact a previously                  each presentation may be limited. If the              including each proposed extension of an
                                               announced Advisory Committee                            number of registrants requesting to                   existing collection of information, and
                                               meeting cannot always be published                      speak is greater than can be reasonably               to allow 60 days for public comment in
                                               quickly enough to provide timely                        accommodated during the scheduled                     response to the notice. This notice
                                               notice. Therefore, you should always                    open public hearing session, FDA may                  solicits comments on the process for
                                               check the Agency’s website at https://                  conduct a lottery to determine the                    formally resolving scientific and
                                               www.fda.gov/AdvisoryCommittees/                         speakers for the scheduled open public                procedural disputes in the Center for
                                               default.htm and scroll down to the                      hearing session. The contact person will              Drug Evaluation and Research (CDER)
                                               appropriate advisory committee meeting                  notify interested persons regarding their             and the Center for Biologics Evaluation
                                               link, or call the advisory committee                    request to speak by September 13, 2018.               and Research (CBER) that cannot be
                                               information line to learn about possible                   Persons attending FDA’s advisory                   resolved at the division level.
                                               modifications before coming to the                      committee meetings are advised that the               DATES: Submit either electronic or
                                               meeting.                                                Agency is not responsible for providing               written comments on the collection of
                                               SUPPLEMENTARY INFORMATION:                              access to electrical outlets.                         information by October 19, 2018.
                                                  Agenda: On September 27, 2018, the                      FDA welcomes the attendance of the                 ADDRESSES: You may submit comments
                                               Committee will discuss, make                            public at its advisory committee                      as follows. Please note that late,
                                               recommendations, and vote on the                        meetings and will make every effort to                untimely filed comments will not be
                                               premarket approval application                          accommodate persons with disabilities.                considered. Electronic comments must
                                               sponsored by Sequent Medical, Inc. for                  If you require accommodations due to a                be submitted on or before October 19,
                                               the Woven Endobridge (WEB)                              disability, please contact Artair Mallett             2018. The https://www.regulations.gov
                                               Aneurysm Embolization System, which                     at Artair.Mallett@fda.hhs.gov or 301–                 electronic filing system will accept
                                               is intended to treat wide-neck                          796–9638 at least 7 days in advance of                comments until midnight Eastern Time
                                               intracranial aneurysms arising or                       the meeting.                                          at the end of October 19, 2018.
                                               located at a vessel bifurcation. The WEB                   FDA is committed to the orderly                    Comments received by mail/hand
                                               device is being evaluated in the WEB                    conduct of its advisory committee                     delivery/courier (for written/paper
                                               Intrasaccular Therapy Study (WEB–IT):                   meetings. Please visit our website at                 submissions) will be considered timely
                                               a multicenter, prospective, non-                        https://www.fda.gov/Advisory                          if they are postmarked or the delivery
                                               randomized investigation. The                           Committees/AboutAdvisoryCommittees/                   service acceptance receipt is on or
                                               Committee will be asked to review the                   ucm111462.htm for procedures on                       before that date.
                                               clinical data from the WEB–IT study to                  public conduct during advisory
                                               help the Agency assess the safety and                   committee meetings.                                   Electronic Submissions
                                               effectiveness of the device for the                        Notice of this meeting is given under                Submit electronic comments in the
                                               proposed indications for use.                           the Federal Advisory Committee Act (5                 following way:
                                                  FDA intends to make background                       U.S.C. app. 2).                                         • Federal eRulemaking Portal:
                                               material available to the public no later                 Dated: August 14, 2018.                             https://www.regulations.gov. Follow the
                                               than 2 business days before the meeting.                Leslie Kux,                                           instructions for submitting comments.
                                               If FDA is unable to post the background                 Associate Commissioner for Policy.                    Comments submitted electronically,
                                               material on its website prior to the                    [FR Doc. 2018–17867 Filed 8–17–18; 8:45 am]
                                                                                                                                                             including attachments, to https://
                                               meeting, the background material will                                                                         www.regulations.gov will be posted to
                                                                                                       BILLING CODE 4164–01–P
                                               be made publicly available at the                                                                             the docket unchanged. Because your
                                               location of the advisory committee                                                                            comment will be made public, you are
                                               meeting, and the background material                    DEPARTMENT OF HEALTH AND                              solely responsible for ensuring that your
                                               will be posted on FDA’s website after                   HUMAN SERVICES                                        comment does not include any
                                               the meeting. Background material is                                                                           confidential information that you or a
                                               available at https://www.fda.gov/                       Food and Drug Administration                          third party may not wish to be posted,
                                               AdvisoryCommittees/Calendar/                                                                                  such as medical information, your or
                                               default.htm. Scroll down to the                         [Docket No. FDA–2012–N–0248]                          anyone else’s Social Security number, or
                                               appropriate Advisory Committee                                                                                confidential business information, such
                                                                                                       Agency Information Collection
                                               meeting link.                                                                                                 as a manufacturing process. Please note
                                                                                                       Activities; Proposed Collection;
                                                  Procedure: Interested persons may                                                                          that if you include your name, contact
                                                                                                       Comment Request; Guidance for
                                               present data, information, or views,                                                                          information, or other information that
                                                                                                       Industry on Formal Dispute
                                               orally or in writing, on issues pending                                                                       identifies you in the body of your
                                                                                                       Resolution; Appeals Above the
                                               before the committee. Written                                                                                 comments, that information will be
                                                                                                       Division Level
                                               submissions may be made to the contact                                                                        posted on https://www.regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                               person on or before September 20, 2018.                 AGENCY:    Food and Drug Administration,                • If you want to submit a comment
                                               Oral presentations from the public will                 HHS.                                                  with confidential information that you
                                               be scheduled between approximately 1                    ACTION:   Notice.                                     do not wish to be made available to the
                                               p.m. and 2 p.m. Those individuals                                                                             public, submit the comment as a
                                               interested in making formal oral                        SUMMARY: The Food and Drug                            written/paper submission and in the
                                               presentations should notify the contact                 Administration (FDA or Agency) is                     manner detailed (see ‘‘Written/Paper
                                               person and submit a brief statement of                  announcing an opportunity for public                  Submissions’’ and ‘‘Instructions’’).


                                          VerDate Sep<11>2014   19:04 Aug 17, 2018   Jkt 244001   PO 00000   Frm 00028   Fmt 4703   Sfmt 4703   E:\FR\FM\20AUN1.SGM   20AUN1


                                               42128                        Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                               Written/Paper Submissions                                  Docket: For access to the docket to                Guidance for Industry on Formal
                                                                                                       read background documents or the                      Dispute Resolution; Appeals Above the
                                                  Submit written/paper submissions as                                                                        Division Level
                                                                                                       electronic and written/paper comments
                                               follows:
                                                                                                       received, go to https://                              OMB Control Number 0910–0430—
                                                  • Mail/Hand Delivery/Courier (for                    www.regulations.gov and insert the
                                               written/paper submissions): Dockets                                                                           Extension
                                                                                                       docket number, found in brackets in the
                                               Management Staff (HFA–305), Food and                                                                             This information collection approval
                                                                                                       heading of this document, into the
                                               Drug Administration, 5630 Fishers                                                                             request is for FDA guidance on the
                                               Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts
                                                                                                                                                             process for formally resolving scientific
                                                                                                       and/or go to the Dockets Management
                                                  • For written/paper comments                                                                               and procedural disputes in FDA’s CDER
                                                                                                       Staff, 5630 Fishers Lane, Rm. 1061,                   and CBER that cannot be resolved at the
                                               submitted to the Dockets Management
                                                                                                       Rockville, MD 20852.                                  division level. The guidance document
                                               Staff, FDA will post your comment, as
                                               well as any attachments, except for                     FOR FURTHER INFORMATION CONTACT:    Ila               describes procedures for formally
                                               information submitted, marked and                       S. Mizrachi, Office of Operations, Food               appealing such disputes to the office or
                                               identified, as confidential, if submitted               and Drug Administration, Three White                  center level and for submitting
                                               as detailed in ‘‘Instructions.’’                        Flint North, 10A–12M, 11601                           information to assist center officials in
                                                  Instructions: All submissions received               Landsdown St., North Bethesda, MD                     resolving the issue or issues presented.
                                               must include the Docket No. FDA–                        20852, 301–796–7726, PRAStaff@                        The guidance document provides
                                               2012–N–0248 for ‘‘Agency Information                                                                          information on how the Agency will
                                                                                                       fda.hhs.gov.
                                               Collection Activities; Proposed                                                                               interpret and apply provisions of the
                                               Collection; Comment Request; Guidance                   SUPPLEMENTARY INFORMATION:       Under the            existing regulations regarding internal
                                               for Industry on Formal Dispute                          PRA (44 U.S.C. 3501–3520), Federal                    Agency review of decisions (§ 10.75 (21
                                               Resolution; Appeals Above the Division                  Agencies must obtain approval from the                CFR 10.75)) and dispute resolution
                                               Level.’’ Received comments, those filed                 Office of Management and Budget                       during the investigational new drug
                                               in a timely manner (see ADDRESSES),                     (OMB) for each collection of                          (IND) process (§ 312.48 (21 CFR 312.48))
                                               will be placed in the docket and, except                                                                      and the new drug application/
                                                                                                       information they conduct or sponsor.
                                                                                                                                                             abbreviated new drug application
                                               for those submitted as ‘‘Confidential                   ‘‘Collection of information’’ is defined
                                                                                                                                                             (NDA/ANDA) process (§ 314.103 (21
                                               Submissions,’’ publicly viewable at                     in 44 U.S.C. 3502(3) and 5 CFR                        CFR 314.103)). In addition, the guidance
                                               https://www.regulations.gov or at the                   1320.3(c) and includes Agency requests                document provides information on how
                                               Dockets Management Staff between 9                      or requirements that members of the                   the Agency will interpret and apply the
                                               a.m. and 4 p.m., Monday through                         public submit reports, keep records, or               specific Prescription Drug User Fee Act
                                               Friday.                                                 provide information to a third party.                 (PDUFA) goals for major dispute
                                                  • Confidential Submissions—To                        Section 3506(c)(2)(A) of the PRA (44                  resolution associated with the
                                               submit a comment with confidential                      U.S.C. 3506(c)(2)(A)) requires Federal                development and review of PDUFA
                                               information that you do not wish to be                  Agencies to provide a 60-day notice in                products.
                                               made publicly available, submit your                    the Federal Register concerning each                     Existing regulations, which appear
                                               comments only as a written/paper                        proposed collection of information,                   primarily in parts 10, 312, and 314 (21
                                               submission. You should submit two                       including each proposed extension of an               CFR parts 10, 312, and 314), establish
                                               copies total. One copy will include the                 existing collection of information,                   procedures for the resolution of
                                               information you claim to be confidential                before submitting the collection to OMB               scientific and procedural disputes
                                               with a heading or cover note that states                                                                      between interested persons and the
                                                                                                       for approval. To comply with this
                                               ‘‘THIS DOCUMENT CONTAINS                                                                                      Agency, CDER, and CBER. All Agency
                                                                                                       requirement, FDA is publishing notice
                                               CONFIDENTIAL INFORMATION.’’ The                                                                               decisions on such matters are based on
                                               Agency will review this copy, including                 of the proposed collection of
                                                                                                                                                             information in the administrative file
                                               the claimed confidential information, in                information set forth in this document.
                                                                                                                                                             (§ 10.75(d)). In general, the information
                                               its consideration of comments. The                         With respect to the following                      in an administrative file is collected
                                               second copy, which will have the                        collection of information, FDA invites                under existing regulations in part 312
                                               claimed confidential information                        comments on these topics: (1) Whether                 (OMB control number 0910–0014), part
                                               redacted/blacked out, will be available                 the proposed collection of information                314 (OMB control number 0910–0001),
                                               for public viewing and posted on                        is necessary for the proper performance               and part 601 (21 CFR part 601) (OMB
                                               https://www.regulations.gov. Submit                     of FDA’s functions, including whether                 control number 0910–0338), which
                                               both copies to the Dockets Management                   the information will have practical                   specify the information manufacturers
                                               Staff. If you do not wish your name and                 utility; (2) the accuracy of FDA’s                    must submit so that FDA may properly
                                               contact information to be made publicly                 estimate of the burden of the proposed                evaluate the safety and effectiveness of
                                               available, you can provide this                         collection of information, including the              drugs and biological products. This
                                               information on the cover sheet and not                  validity of the methodology and                       information is usually submitted as part
                                               in the body of your comments and you                    assumptions used; (3) ways to enhance                 of an IND, NDA, or biologics license
                                               must identify this information as                       the quality, utility, and clarity of the              application (BLA), or as a supplement to
                                               ‘‘confidential.’’ Any information marked                                                                      an approved application. Although FDA
                                                                                                       information to be collected; and (4)
                                               as ‘‘confidential’’ will not be disclosed                                                                     already possesses in the administrative
                                                                                                       ways to minimize the burden of the
                                               except in accordance with 21 CFR 10.20                                                                        file the information that would form the
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                                                                                                       collection of information on
                                               and other applicable disclosure law. For                                                                      basis of a decision on a matter in
                                               more information about FDA’s posting                    respondents, including through the use                dispute resolution, the submission of
                                               of comments to public dockets, see 80                   of automated collection techniques,                   information regarding the request itself
                                               FR 56469, September 18, 2015, or access                 when appropriate, and other forms of                  and the data and information that the
                                               the information at: https://www.gpo.gov/                information technology.                               requestor relies on in the appeal would
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                                                                             facilitate timely resolution of the
                                               23389.pdf.                                                                                                    dispute. The guidance document


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                                                                                      Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices                                                                                               42129

                                               describes the following collections of                                        CDER and CBER have determined and                                        information attributed solely to the
                                               information not expressly specified                                        the guidance document recommends                                            guidance document will be minimal.
                                               under existing regulations: The                                            that the following information should be                                      Provided in this document is an
                                               submission of the request for dispute                                      submitted to the appropriate center with                                    estimate of the annual reporting burden
                                               resolution as an amendment to the                                          each request for dispute resolution so                                      for requests for dispute resolution.
                                               application for the underlying product,                                    that the center may quickly and                                             Based on data collected from review
                                               including the submission of supporting                                     efficiently respond to the request: (1) A                                   divisions and offices within CDER and
                                               information with the request for dispute                                   brief but comprehensive statement of                                        CBER, FDA estimates that
                                               resolution.                                                                each issue to be resolved, including a                                      approximately 12 sponsors and
                                                  Agency regulations ((§§ 312.23(a)(11)                                   description of the issue, the nature of                                     applicants (respondents) will submit
                                               and (d) (21 CFR 312.23(a)(11) and (d),                                     the issue (i.e., scientific, procedural, or                                 requests for formal dispute resolution to
                                               314.50 (21 CFR 314.50), 314.94 (21 CFR                                     both), possible solutions based on                                          CDER annually and approximately one
                                               314.94), and 601.2 (21 CFR 601.2)) state                                   information in the administrative file,                                     respondent will submit requests for
                                               that information provided to the Agency                                    whether informal dispute resolution                                         formal dispute resolution to CBER
                                               as part of an IND, NDA, ANDA, or BLA                                       was sought prior to the formal appeal,                                      annually.
                                               must be submitted in triplicate and with                                   whether advisory committee review is
                                               an appropriate cover form. Form FDA                                        sought, and the expected outcome; (2) a                                       The total annual responses are the
                                               1571 must accompany submissions                                            statement identifying the review                                            total number of requests submitted to
                                               under INDs and Form FDA 356h must                                          division/office that issued the original                                    CDER and CBER in 1 year, including
                                               accompany submissions under NDAs,                                          decision on the matter and, if                                              requests for dispute resolution that a
                                               ANDAs, and BLAs. Both forms have                                           applicable, the last Agency official that                                   single respondent submits more than
                                               valid OMB control numbers as follows:                                      attempted to formally resolve the                                           one time. FDA estimates that CDER
                                               Form FDA 1571 (OMB control number                                          matter; (3) a list of documents in the                                      receives approximately 17 requests
                                               0910–0014) and Form FDA 356h (OMB                                          administrative file or additional copies                                    annually and CBER receives
                                               control number 0910–0338).                                                 of such documents that are deemed                                           approximately 1 request annually. The
                                                  In the guidance document, CDER and                                      necessary for resolution of the issue or                                    hours per response is the estimated
                                               CBER ask that a request for formal                                         issues; and (4) a statement that the                                        number of hours that a respondent
                                               dispute resolution be submitted as an                                      previous supervisory level has already                                      would spend preparing the information
                                               amendment to the application for the                                       had the opportunity to review all of the                                    to be submitted with a request for
                                               underlying product and that it be                                          material relied on for dispute resolution.                                  formal dispute resolution in accordance
                                               submitted to the Agency in triplicate                                      The information the Agency suggests                                         with the guidance document, including
                                               with the appropriate form attached,                                        submitting with a formal request for                                        the time it takes to gather and copy brief
                                               either Form FDA 1571 or Form FDA                                           dispute resolution consists of: (1)                                         statements describing the issue from the
                                               356h. The Agency recommends that a                                         Statements describing the issue from the                                    perspective of the person with the
                                               request be submitted as an amendment                                       perspective of the person with a                                            dispute, brief statements describing the
                                               in this manner for two reasons: (1) To                                     dispute; (2) brief statements describing                                    history of the matter, and supporting
                                               ensure that each request is kept in the                                    the history of the matter; and (3) the                                      information that has already been
                                               administrative file with the entire                                        documents previously submitted to FDA                                       submitted to the Agency. Based on
                                               underlying application; and (2) to                                         under an OMB approved collection of                                         experience, FDA estimates that
                                               ensure that pertinent information about                                    information.                                                                approximately 8 hours, on average,
                                               the request is entered into the                                               Based on FDA’s experience with                                           would be needed per response.
                                               appropriate tracking databases. Use of                                     dispute resolution, the Agency expects                                      Therefore, FDA estimates that 8 hours
                                               the information in the Agency’s tracking                                   that most persons seeking formal                                            will be spent per year by respondents
                                               databases enables the appropriate                                          dispute resolution will have gathered                                       requesting formal dispute resolution in
                                               Agency official to monitor progress on                                     the materials listed previously when                                        accordance with the guidance
                                               the resolution of the dispute and to                                       identifying the existence of a dispute                                      document.
                                               ensure that appropriate steps will be                                      with the Agency. Consequently, FDA                                            FDA estimates the burden of this
                                               taken in a timely manner.                                                  anticipates that the collection of                                          collection of information as follows:

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                         Number of                                                Average
                                                                                                                                              Number of                                            Total annual
                                                              Requests for formal dispute resolution                                                                   responses per                                            burden per              Total hours
                                                                                                                                             respondents                                            responses
                                                                                                                                                                         respondent                                              response

                                               CDER ...................................................................................                         12                      1.42                          17                           8             136
                                               CBER ...................................................................................                          1                         1                           1                           8               8

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................            144
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.
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                                               42130                        Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices

                                                 The burden for this information                       Request for Samples and Protocols                     or absent to be submitted to the CBER
                                               collection has changed since the last                                                                         Director at the time of initial
                                                                                                       OMB Control Number 0910–0206—
                                               OMB approval. Our burden estimate                                                                             distribution of each lot.
                                                                                                       Extension                                                Section 660.46(a) contains
                                               reflects a decrease in burden by 14
                                               records and 112 hours. We attribute this                   This information collection supports               requirements as to the frequency of
                                               adjustment to a decrease in the number                  Agency regulations. Under section 351                 submission of samples from each lot of
                                               of requests received over the last few                  of the Public Health Service Act (42                  Hepatitis B Surface Antigen product,
                                               years.                                                  U.S.C. 262), FDA has the responsibility               and § 660.46(b) contains the
                                                                                                       to issue regulations that prescribe                   requirements as to the submission of a
                                                 Dated: August 14, 2018.
                                                                                                       standards designed to ensure the safety,              protocol containing specific information
                                               Leslie Kux,                                             purity, and potency of biological                     along with each required sample. For
                                               Associate Commissioner for Policy.                      products and to ensure that the                       § 660.46 products subject to official
                                               [FR Doc. 2018–17860 Filed 8–17–18; 8:45 am]             biologics licenses for such products are              release by CBER, one sample from each
                                               BILLING CODE 4164–01–P                                  only issued when a product meets the                  filling of each lot is required to be
                                                                                                       prescribed standards. Under § 610.2 (21               submitted along with a protocol
                                                                                                       CFR 610.2), the Center for Biologics                  consisting of a summary of the history
                                               DEPARTMENT OF HEALTH AND                                Evaluation and Research (CBER) or the                 or manufacture of the product,
                                               HUMAN SERVICES                                          Center for Drug Evaluation and Research               including all results of each test for
                                                                                                       may at any time require manufacturers                 which test results are requested by
                                               Food and Drug Administration                            of licensed biological products to                    CBER. After notification of official
                                                                                                       submit to FDA samples of any lot along                release is received, one sample along
                                               [Docket No. FDA–2018–N–3038]                            with the protocols showing the results                with a protocol is required to be
                                                                                                       of applicable tests prior to distributing             submitted at 90-day intervals. In
                                               Agency Information Collection                           the lot of the product. In addition to                addition, samples, which must be
                                               Activities; Submission for Office of                    § 610.2, there are other regulations that             accompanied by a protocol, may at any
                                               Management and Budget Review;                           require the submission of samples and                 time be required to be submitted to
                                               Comment Request; Request for                            protocols for specific licensed biological            CBER if continued evaluation is deemed
                                               Samples and Protocols                                   products: 21 CFR 660.6 (Antibody to                   necessary.
                                               AGENCY:    Food and Drug Administration,                Hepatitis B Surface Antigen); 21 CFR                     Samples and protocols are required by
                                                                                                       660.36 (Reagent Red Blood Cells); and                 FDA to help ensure the safety, purity, or
                                               HHS.
                                                                                                       21 CFR 660.46 (Hepatitis B Surface                    potency of the product because of the
                                               ACTION:   Notice.                                       Antigen).                                             potential lot-to-lot variability of a
                                                                                                          Section 660.6(a) provides                          product produced from living
                                               SUMMARY:   The Food and Drug
                                                                                                       requirements for the frequency of                     organisms. In cases of certain biological
                                               Administration (FDA, Agency, or we) is
                                                                                                       submission of samples from each lot of                products (e.g., Albumin, Plasma Protein
                                               announcing that a proposed collection                   Antibody to Hepatitis B Surface Antigen               Fraction, and therapeutic biological
                                               of information has been submitted to the                product, and § 660.6(b) provides the                  products) that are known to have lot-to-
                                               Office of Management and Budget                         requirements for the submission of a                  lot consistency, official lot release is not
                                               (OMB) for review and clearance under                    protocol containing specific information              normally required. However,
                                               the Paperwork Reduction Act of 1995.                    along with each required sample. For                  submissions of samples and protocols of
                                               DATES: Fax written comments on the                      § 660.6 products subject to official                  these products may still be required for
                                               collection of information by September                  release by CBER, one sample from each                 surveillance, licensing, and export
                                               19, 2018.                                               filling of each lot is required to be                 purposes, or in the event that FDA
                                               ADDRESSES: To ensure that comments on                   submitted along with a protocol                       obtains information that the
                                               the information collection are received,                consisting of a summary of the history                manufacturing process may not result in
                                               OMB recommends that written                             of manufacture of the product,                        consistent quality of the product.
                                               comments be faxed to the Office of                      including all results of each test for                   The following burden estimate is for
                                               Information and Regulatory Affairs,                     which test results are requested by                   the protocols required to be submitted
                                               OMB, Attn: FDA Desk Officer, Fax: 202–                  CBER. After official release is no longer             with each sample. The collection of
                                               395–7285, or emailed to oira_                           required, one sample along with a                     samples is not a collection of
                                               submission@omb.eop.gov. All                             protocol is required to be submitted at               information under 5 CFR 1320.3(h)(2).
                                               comments should be identified with the                  90-day intervals. In addition, samples,               Respondents to the collection of
                                               OMB control number 0910–0206. Also                      which must be accompanied by a                        information under § 610.2 are
                                               include the FDA docket number found                     protocol, may at any time be required to              manufacturers of licensed biological
                                               in brackets in the heading of this                      be submitted to CBER if continued                     products. Respondents to the collection
                                               document.                                               evaluation is deemed necessary.                       of information under §§ 660.6(b),
                                                                                                          Section 660.36(a) requires, after each             660.36(a)(2) and (b), and 660.46(b) are
                                               FOR FURTHER INFORMATION CONTACT:   Ila                  routine establishment inspection by                   manufacturers of the specific products
                                               Mizrachi, Office of Operations, Food                    FDA, the submission of samples from a                 referenced previously in this document.
                                               and Drug Administration, Three White                    lot of final Reagent Red Blood Cell                   The estimated number of respondents
                                               Flint North, 10A–12M, 11601                             product along with a protocol                         for each regulation is based on the
                                               Landsdown St., North Bethesda, MD                       containing specific information. Section              annual number of manufacturers that
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                                               20852, 301–796–7726, PRAStaff@                          660.36(a)(2) requires that a protocol                 submitted samples and protocols for
                                               fda.hhs.gov.                                            contain information including, but not                biological products including
                                               SUPPLEMENTARY INFORMATION:    In                        limited to, manufacturing records,                    submissions for lot release, surveillance,
                                               compliance with 44 U.S.C. 3507, FDA                     certain test records, and identity test               licensing, or export. Based on
                                               has submitted the following proposed                    results. Section 660.36(b) requires a                 information obtained from FDA’s
                                               collection of information to OMB for                    copy of the antigenic constitution                    database system, approximately 79
                                               review and clearance.                                   matrix specifying the antigens present                manufacturers submitted samples and


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Document Created: 2018-08-18 01:28:40
Document Modified: 2018-08-18 01:28:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by October 19, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 42127 

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