83_FR_45427 83 FR 45254 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry: Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification

83 FR 45254 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Industry: Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 173 (September 6, 2018)

Page Range45254-45258
FR Document2018-19351

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 identification of a suspect product and the termination of notifications regarding an illegitimate product.

Federal Register, Volume 83 Issue 173 (Thursday, September 6, 2018)
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45254-45258]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19351]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0609]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Guidance for Industry: Drug Supply Chain Security Act 
Implementation: Identification of Suspect Product and Notification

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

[[Page 45255]]

to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the identification of a suspect product and 
the termination of notifications regarding an illegitimate product.

DATES: Submit either electronic or written comments on the collection 
of information by November 5, 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 November 5, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 5, 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'').

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-2014-D-0609 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Guidance for Industry: Drug 
Supply Chain Security Act Implementation: Identification of Suspect 
Product and Notification.'' 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: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
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: Drug Supply Chain Security Act Implementation: 
Identification of Suspect Product and Notification

OMB Control Number 0910-0806--Extension

    This information collection supports the previously captioned 
Agency guidance and associated Form FDA 3911. The Drug Supply Chain 
Security Act (DSCSA) (Title II of Pub. L. 113-54) added new section 
582(h)(2) to the Federal Food, Drug, and Cosmetic Act (FD&C Act), 
requiring FDA to issue guidance to aid trading partners in identifying 
a suspect product and

[[Page 45256]]

terminating a notification regarding an illegitimate product and, for a 
manufacturer, a product with a high risk of illegitimacy. Suspect 
product is defined in section 581(21) of the FD&C Act as a product for 
which there is reason to believe it: (1) Is potentially counterfeit, 
diverted, or stolen; (2) is potentially intentionally adulterated such 
that the product would result in serious adverse health consequences or 
death to humans; (3) is potentially the subject of a fraudulent 
transaction; or (4) appears otherwise unfit for distribution such that 
the product would result in serious adverse health consequences or 
death to humans.
    Beginning January 1, 2015, section 582 of the FD&C Act requires 
certain trading partners, upon determining that a product in their 
possession or control is a suspect product, to quarantine the product 
while they promptly conduct an investigation to determine whether the 
product is an illegitimate product. Illegitimate product is defined in 
section 581(8) of the FD&C Act as a product for which credible evidence 
shows that it: (1) Is counterfeit, diverted, or stolen; (2) is 
intentionally adulterated such that the product would result in serious 
adverse health consequences or death to humans; (3) is the subject of a 
fraudulent transaction; or (4) appears otherwise unfit for distribution 
such that the product would be reasonably likely to result in serious 
adverse health consequences or death to humans. Also beginning January 
1, 2015, trading partners must, upon determining that a product in 
their possession or control is illegitimate, notify FDA and all 
immediate trading partners that they have reason to believe they may 
have received the illegitimate product not later than 24 hours after 
making the determination. Under section 582(b)(4)(B)(ii)(II) of the 
FD&C Act, manufacturers are additionally required to notify FDA and any 
immediate trading partners that they believe may possess a product 
manufactured by or purportedly manufactured by the manufacturer not 
later than 24 hours after the determination is made or being notified 
by FDA or a trading partner that the product has a high risk of 
illegitimacy.
    Under section 202 of the DSCSA, manufacturers, repackagers, 
wholesale distributors, and dispensers (e.g., pharmacies) must: (1) 
Notify FDA when they have determined that a product in their possession 
or control is illegitimate (and, for manufacturers, when they have 
determined or been notified by FDA or a trading partner that a product 
has a high risk of illegitimacy); (2) notify certain immediate trading 
partners about an illegitimate product that they may have received 
(and, for manufacturers, that a product has a high risk of 
illegitimacy); (3) terminate notifications regarding illegitimate 
products (and, for manufacturers, a product with a high risk of 
illegitimacy), in consultation with FDA, when the notifications are no 
longer necessary; and (4) notify immediate trading partners when the 
notifications are terminated. Trading partners should use Form FDA 3911 
to submit notifications and requests for terminations of notifications 
to FDA. Form FDA 3911 is available on FDA's web page (https://www.accessdata.fda.gov/scripts/cder/email/drugnotification.cfm).

A. Notifications to FDA

    Under section 582(b)(4)(B)(ii)(I), (c)(4)(B)(ii), (d)(4)(B)(ii), 
and (e)(4)(B)(ii) of the FD&C Act, as amended by the DSCSA, and 
beginning not later than January 1, 2015, a manufacturer, repackager, 
wholesale distributor, or dispenser who determines that a product in 
its possession or control is illegitimate must notify FDA of that 
determination not later than 24 hours after the determination is made. 
In addition, section 582(b)(4)(B)(ii)(II) of the FD&C Act requires 
manufacturers to notify FDA when a manufacturer determines that a 
product poses a high risk of illegitimacy.
    We originally estimated that all manufacturers, repackagers, 
wholesale distributors, and dispensers would collectively submit 5,000 
notifications per year. This estimate included the notifications by 
trading partners that have determined that illegitimate product is in 
their possession or control, as well as notifications by manufacturers 
that have determined a product poses a high risk of illegitimacy. As 
discussed in our Federal Register notice of June 11, 2014 (79 FR 
33564), the estimate was based on our experience with field alert 
reports (FARs) (Form FDA 3331) that holders of approved drug 
applications are required to submit for certain drug quality issues (21 
CFR 314.81(b)(1)) and with reports of the falsification of drug sample 
records, diversion, loss, and known theft of prescription drug samples 
as currently required under Sec.  203.37 (21 CFR 203.37). Upon 
evaluation of the number of notifications we received for fiscal years 
2016 and 2017, however, we are lowering our estimate to 150 
notifications.
    We are also combining the estimates for manufacturers and 
repackagers because FDA's establishment and drug product listing 
database indicates that many companies perform activities of both 
manufacturers and repackagers. Although the DSCSA specifically defines 
dispensers, for estimation purposes, we are using estimates for 
pharmacies in general terms based on those that must comply with the 
new requirements under section 582(d) of the FD&C Act.
    Because manufacturers, repackagers, and wholesale distributors are 
collectively responsible for prescription drugs from the point of 
manufacturing through distribution in the drug supply chain, we assume 
that most notifications of illegitimate products are submitted by these 
three trading partners. The total number of respondents is comprised of 
80 percent manufacturers (120), 15 percent wholesale distributors (22), 
and 5 percent pharmacies (8).
    We estimate that the number of annual notifications will vary from 
0 to 2 for manufacturers/repackagers, as well as from pharmacies, with 
the vast majority of companies making no notifications. Although FDA's 
establishment and drug product listing database currently contains 
registrations for approximately 6,500 manufacturers and repackagers, we 
estimate that approximately 120 manufacturers/repackagers will notify 
us of illegitimate products an average of one time per year. Although 
we estimate approximately 69,000 pharmacy sites in the United States, 
based on data from the National Association of Chain Drug Stores, the 
National Community Pharmacists Association, and the American Hospital 
Association, we estimate that approximately 8 pharmacies will notify 
FDA of illegitimate product an average of one time per year. According 
to the Healthcare Distribution Alliance (formerly known as Healthcare 
Distribution Management Association), approximately 30 wholesale 
distributors are responsible for over 90 percent of drug distributions; 
based on sales and because FDA is estimating that over 2,200 small 
wholesale distributors might be responsible for the remaining 10 
percent of drug sales, we estimate that wholesale distributors will be 
responsible for making about an average of 1 notification per year to 
account for the estimated 22 notifications that FDA will receive 
regarding illegitimate product. Each notification should include 
information about the person or entity initiating the notification, the 
product determined to be illegitimate or having a high risk of 
illegitimacy, and a description of the circumstances surrounding the 
event that prompted

[[Page 45257]]

the notification. We estimate that each notification will take about 1 
hour, as reflected in table 1.

B. Notifications to Trading Partners of an Illegitimate Product or 
Product With a High Risk of Illegitimacy

    Under section 582(b)(4)(B)(ii)(I), (c)(4)(B)(ii), (d)(4)(B)(ii), 
and (e)(4)(B)(ii) of the FD&C Act, a trading partner who determines 
that a product in its possession is illegitimate must also notify all 
immediate trading partners that they believe may have received such 
illegitimate product not later than 24 hours after the determination is 
made. In addition, under section 582(b)(4)(B)(ii)(II) of the FD&C Act, 
a manufacturer is required to notify all immediate trading partners 
that the manufacturer believes may possess a product manufactured by or 
purported to be manufactured by the manufacturer not later than 24 
hours after the determination is made or being notified by FDA or a 
trading partner that the product has a high risk of illegitimacy.
    Because the extent of distribution of any illegitimate product is 
likely to vary from one situation to another, we assume a wide 
distribution of each illegitimate product. We estimate that, for each 
notification made by a manufacturer or repackager to FDA, approximately 
30 trading partners (based on the number of distributors) will also be 
notified. This results in approximately 3,600 notifications annually to 
trading partners of manufacturers/repackagers. This estimate includes 
the notifications by manufacturers and repackagers who have determined 
that illegitimate product is in their possession or control, as well as 
notifications by manufacturers that have determined that a product 
poses a high risk of illegitimacy.
    We estimate that a large wholesale distributor may have up to 4,500 
trading partners, but a small wholesale distributor may have 200 
trading partners, for an average of approximately 2,350. We originally 
estimated that a wholesale distributor would notify all 2,350 trading 
partners for each of the illegitimate products identified. However, we 
are lowering our estimate as a result of our experience with the 
collection and informal feedback from industry to reflect that 22 
respondents will make 1,175 disclosures for a total of 25,850 
disclosures annually; and that each disclosure will require 
approximately 12 minutes, for a total of 5,170 hours annually.
    We estimate that a pharmacy purchases prescription drugs from an 
average of two wholesale distributors. Therefore, a pharmacy would 
notify 2 trading partners for each of the 8 illegitimate products 
identified, resulting in approximately 16 notifications annually to 
pharmacy trading partners.
    Manufacturers/repackagers, wholesale distributors, and pharmacies 
may notify their trading partners using existing systems and processes 
used for similar types of communications. Such communications may 
include, but are not limited to, posting notifications on a company 
website, sending an email, telephoning, or mailing or faxing a letter 
or notification. The information contained in the notification to the 
immediate trading partner should be the same as or based on the 
notification that was already submitted to FDA. We estimate that, for 
all trading partners, each notification of immediate trading partners 
will take approximately 0.2 hours (12 minutes). The estimated total 
burden hours that manufacturers/repackagers, wholesale distributors, 
and pharmacies will take to notify trading partners is approximately 
5,893 hours annually, as reflected in table 2.

C. Consultations With FDA and Termination of Notification

    Section 582(b)(4)(B)(iv), (c)(4)(B)(iv), (d)(4)(B)(iv), and 
(e)(4)(B)(iv) of the FD&C Act requires that a trading partner who 
determines, in consultation with FDA, that a notification made under 
section 582(b)(4)(B)(ii), (c)(4)(B)(ii), (d)(4)(B)(ii), or 
(e)(4)(B)(ii) is no longer necessary must terminate the notification. 
The guidance for industry sets forth the process by which trading 
partners should consult with FDA to terminate notifications that are no 
longer necessary.
    Each request for termination of notification must include 
information about the person or entity initiating the request for 
termination, the illegitimate product or product with a high risk of 
illegitimacy, the notification that was issued, and an explanation 
about what actions have taken place or what information has become 
available that make the notification no longer necessary. Trading 
partners should also include the FDA-assigned incident number 
associated with the initial notification on the request for 
termination. The request for a termination will be viewed as a request 
for consultation with FDA. We estimate that the same amount of time 
will be required to provide the information necessary to request 
termination as is required to make the notification. The time required 
to investigate and resolve an illegitimate product notification will 
vary, but we assume that each notification will eventually be 
terminated. We assume that the number of requests for termination of a 
notification per year will be the same as the original number of 
notifications for a given year. The estimated total burden hours of 
making requests for termination of notifications to FDA is 150 hours 
annually, as reflected in table 3.

D. Notifications to Trading Partners That a Notification Has Been 
Terminated

    Section 582(b)(4)(B)(iv), (c)(4)(B)(iv), (d)(4)(B)(iv), and 
(e)(4)(B)(iv) of the FD&C Act requires that a trading partner who, in 
consultation with FDA, terminates a notification made under section 
582(b)(4)(B)(ii)(I) or (II), (c)(4)(B)(ii), (d)(4)(B)(ii), or 
(e)(4)(B)(ii) must also promptly inform previously-notified immediate 
trading partners that the notification has been terminated. We estimate 
that the burden for notifying trading partners of an illegitimate 
product and the number of trading partners notified will be the same as 
the estimates for notification of termination. The estimated total 
burden hours of notifying trading partners that the notification is 
terminated is approximately 5,893 hours annually, as reflected in table 
4.
    FDA estimates the burden of this collection of information as 
follows:

                      Table 1--Estimated Annual Reporting Burden--Notifications to FDA \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Respondent description          Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Manufacturers and Repackagers...             120               1             120               1             120
Wholesale Distributors..........              22               1              22               1              22
Dispensers......................               8               1               8               1               8
                                 -------------------------------------------------------------------------------

[[Page 45258]]

 
    Total.......................  ..............  ..............  ..............  ..............             150
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


Table 2--Estimated Annual Third-Party Disclosure Burden for Notifications to Trading Partners of an Illegitimate
                                                   Product \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
    Respondent description         Number of      disclosures    Total annual    Average burden     Total hours
                                  respondents   per respondent    disclosures    per disclosure
----------------------------------------------------------------------------------------------------------------
Manufacturers and Repackagers.             120              30           3,600  0.20 (12                     720
                                                                                 minutes).
Wholesale Distributors........              22           1,175          25,850  0.20 (12                   5,170
                                                                                 minutes).
Dispensers....................               8               2              16  0.20 (12                     3.2
                                                                                 minutes).
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............  ..............  ................           5,893
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Table 3--Estimated Annual Reporting Burden for Consultation With FDA and Termination of Notification \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     Respondent description          Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Manufacturers and Repackagers...             120               1             120               1             120
Wholesale Distributors..........              22               1              22               1              22
Dispensers......................               8               1               8               1               8
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............             150
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


Table 4--Estimated Annual Third-Party Disclosure Burden for Notifications to Trading Partners of an Illegitimate
                                             Product Termination \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
    Respondent description         Number of      disclosures    Total annual    Average burden     Total hours
                                  respondents   per respondent    disclosures    per disclosure
----------------------------------------------------------------------------------------------------------------
Manufacturers and Repackagers.             120              30           3,600  0.2 (12 minutes)             720
Wholesale Distributors........              22           1,175          25,850  0.2 (12 minutes)           5,170
Dispensers....................               8               2              16  0.2 (12 minutes)             3.2
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............  ..............  ................           5,893
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Cumulatively, the total estimated burden is 12,086 annual hours, 
which reflects a significant decrease. We base this adjustment on our 
experience with the information collection since its establishment and 
implementation.

    Dated: August 31, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19351 Filed 9-5-18; 8:45 am]
BILLING CODE 4164-01-P



                                               45254                          Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               SUPPLEMENTARY INFORMATION:      The                              according to its specialty area, advises                  and make recommendations on specific
                                               Agency is requesting nominations for                             the Commissioner of Food and Drugs                        issues or problems concerning the safety
                                               nonvoting industry representatives to                            (the Commissioner) regarding                              and effectiveness of devices. With the
                                               the panels listed in the table in this                           recommended classification or                             exception of the Medical Devices
                                               document.                                                        reclassification of devices into one of                   Dispute Resolution Panel, each panel,
                                               I. Medical Devices Advisory Committee                            three regulatory categories; advises on                   according to its specialty area, may also
                                                                                                                any possible risks to health associated                   make appropriate recommendations to
                                                  The Committee reviews and evaluates
                                                                                                                with the use of devices; advises on                       the Commissioner on issues relating to
                                               data on the safety and effectiveness of
                                               marketed and investigational devices                             formulation of product development                        the design of clinical studies regarding
                                               and makes recommendations for their                              protocols; reviews premarket approval                     the safety and effectiveness of marketed
                                               regulation. The panels engage in a                               applications for medical devices;                         and investigational devices. The
                                               number of activities to fulfill the                              reviews guidelines and guidance                           Committee also provides
                                               functions the Federal Food, Drug, and                            documents; recommends exemption of                        recommendations to the Commissioner
                                               Cosmetic Act (FD&C Act) envisions for                            certain devices from the application of                   or designee on complexity
                                               device advisory panels. With the                                 portions of the FD&C Act; advises on the                  categorization of in vitro diagnostics
                                               exception of the Medical Devices                                 necessity to ban a device; and responds                   under the Clinical Laboratory
                                               Dispute Resolution Panel, each panel,                            to requests from the Agency to review                     Improvement Amendments of 1988.

                                               Dental Products Panel (two representatives—one to represent the                                   Reviews and evaluates data concerning the safety and effectiveness of
                                                 medical device industry, and one to represent the dental drug indus-                              marketed and investigational products for use in dentistry,
                                                 try).                                                                                             endodontics, or bone physiology relative to the oral and maxillofacial
                                                                                                                                                   area and makes appropriate recommendations to the Commissioner
                                                                                                                                                   of Food and Drugs.
                                               Immunology Devices Panel ......................................................................   Reviews and evaluates data concerning the safety and effectiveness of
                                                                                                                                                   marketed and investigational in vitro devices for use in clinical lab-
                                                                                                                                                   oratory medicine including oncology, immunology, and allergy and
                                                                                                                                                   makes appropriate recommendations to the Commissioner of Food
                                                                                                                                                   and Drugs.



                                               II. Qualifications                                               IV. Application Procedure                                 U.S.C. app. 2) and 21 CFR part 14,
                                                  Persons nominated for the device                                 Individuals may self-nominate and/or                   relating to advisory committees.
                                               panels should be full-time employees of                          an organization may nominate one or                         Dated: August 31, 2018.
                                               firms that manufacture products that                             more individuals to serve as a nonvoting                  Leslie Kux,
                                               would come before the panel, or                                  industry representative. Nomination                       Associate Commissioner for Policy.
                                               consulting firms that represent                                  must include a current, complete                          [FR Doc. 2018–19350 Filed 9–5–18; 8:45 am]
                                               manufacturers, or have similar                                   résumé or curriculum vitae for each                     BILLING CODE 4164–01–P
                                               appropriate ties to industry.                                    nominee including current business
                                                                                                                address and telephone number, email
                                               III. Selection Procedure
                                                                                                                address if available, and a signed copy                   DEPARTMENT OF HEALTH AND
                                                  Any industry organization interested                          of the Acknowledgement and Consent                        HUMAN SERVICES
                                               in participating in the selection of an                          form available at the FDA Advisory
                                               appropriate nonvoting member to                                  Committee Membership Nomination                           Food and Drug Administration
                                               represent industry interests should send                         Portal (see ADDRESSES) within 30 days of
                                               a letter stating that interest to the FDA                                                                                  [Docket No. FDA–2014–D–0609]
                                                                                                                publication of this document (see
                                               contact (see FOR FURTHER INFORMATION                             DATES). Nominations must also specify                     Agency Information Collection
                                               CONTACT) within 30 days of publication                           the advisory panel for which the                          Activities; Proposed Collection;
                                               of this document (see DATES). Within the                         nominee is recommended. Nominations                       Comment Request; Guidance for
                                               subsequent 30 days, FDA will send a                              must also acknowledge that the                            Industry: Drug Supply Chain Security
                                               letter to each organization that has                             nominee is aware of the nomination                        Act Implementation: Identification of
                                               expressed an interest, attaching a                               unless self-nominated. FDA will                           Suspect Product and Notification
                                               complete list of all such organizations;                         forward all nominations to the
                                               and a list of all nominees along with                            organizations expressing interest in                      AGENCY:    Food and Drug Administration,
                                               their current resumes. The letter will                           participating in the selection process for                HHS.
                                               also state that it is the responsibility of                      the particular device panels listed in the                ACTION:   Notice.
                                               the interested organizations to confer                           table. (Persons who nominate
                                               with one another and to select a                                 themselves as nonvoting industry                          SUMMARY:   The Food and Drug
                                               candidate, within 60 days after the                              representatives will not participate in                   Administration (FDA or Agency) is
                                               receipt of the FDA letter, to serve as the                       the selection process).                                   announcing an opportunity for public
                                               nonvoting member to represent industry                              FDA seeks to include the views of                      comment on the proposed collection of
                                               interests for a particular device panel.                         women and men, members of all racial                      certain information by the Agency.
daltland on DSKBBV9HB2PROD with NOTICES




                                               The interested organizations are not                             and ethnic groups, and individuals with                   Under the Paperwork Reduction Act of
                                               bound by the list of nominees in                                 and without disabilities on its advisory                  1995 (PRA), Federal Agencies are
                                               selecting a candidate. However, if no                            committees and, therefore, encourages                     required to publish notice in the
                                               individual is selected within 60 days,                           nominations of appropriately qualified                    Federal Register concerning each
                                               the Commissioner will select the                                 candidates from these groups.                             proposed collection of information,
                                               nonvoting member to represent industry                              This notice is issued under the                        including each proposed extension of an
                                               interests.                                                       Federal Advisory Committee Act (5                         existing collection of information, and


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                                                                         Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                          45255

                                               to allow 60 days for public comment in                  well as any attachments, except for                   FOR FURTHER INFORMATION CONTACT:
                                               response to the notice. This notice                     information submitted, marked and                     Domini Bean, Office of Operations,
                                               solicits comments on the identification                 identified, as confidential, if submitted             Food and Drug Administration, Three
                                               of a suspect product and the termination                as detailed in ‘‘Instructions.’’                      White Flint North, 10A–12M, 11601
                                               of notifications regarding an illegitimate                 Instructions: All submissions received             Landsdown St., North Bethesda, MD
                                               product.                                                must include the Docket No. FDA–                      20852, 301–796–5733, PRAStaff@
                                               DATES: Submit either electronic or                      2014–D–0609 for ‘‘Agency Information                  fda.hhs.gov.
                                               written comments on the collection of                   Collection Activities; Proposed                       SUPPLEMENTARY INFORMATION: Under the
                                               information by November 5, 2018.                        Collection; Comment Request; Guidance                 PRA (44 U.S.C. 3501–3520), Federal
                                               ADDRESSES: You may submit comments                      for Industry: Drug Supply Chain                       Agencies must obtain approval from the
                                               as follows. Please note that late,                      Security Act Implementation:                          Office of Management and Budget
                                               untimely filed comments will not be                     Identification of Suspect Product and                 (OMB) for each collection of
                                               considered. Electronic comments must                    Notification.’’ Received comments,                    information they conduct or sponsor.
                                               be submitted on or before November 5,                   those filed in a timely manner (see                   ‘‘Collection of information’’ is defined
                                               2018. The https://www.regulations.gov                   ADDRESSES), will be placed in the docket              in 44 U.S.C. 3502(3) and 5 CFR
                                               electronic filing system will accept                    and, except for those submitted as                    1320.3(c) and includes Agency requests
                                               comments until midnight Eastern Time                    ‘‘Confidential Submissions,’’ publicly                or requirements that members of the
                                               at the end of November 5, 2018.                         viewable at https://www.regulations.gov               public submit reports, keep records, or
                                               Comments received by mail/hand                          or at the Dockets Management Staff                    provide information to a third party.
                                               delivery/courier (for written/paper                     between 9 a.m. and 4 p.m., Monday                     Section 3506(c)(2)(A) of the PRA (44
                                               submissions) will be considered timely                  through Friday.                                       U.S.C. 3506(c)(2)(A)) requires Federal
                                               if they are postmarked or the delivery                     • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                               service acceptance receipt is on or                     submit a comment with confidential                    the Federal Register concerning each
                                               before that date.                                       information that you do not wish to be                proposed collection of information,
                                                                                                       made publicly available, submit your                  including each proposed extension of an
                                               Electronic Submissions                                  comments only as a written/paper                      existing collection of information,
                                                 Submit electronic comments in the                     submission. You should submit two                     before submitting the collection to OMB
                                               following way:                                          copies total. One copy will include the               for approval. To comply with this
                                                 • Federal eRulemaking Portal:                         information you claim to be confidential              requirement, FDA is publishing notice
                                               https://www.regulations.gov. Follow the                 with a heading or cover note that states              of the proposed collection of
                                               instructions for submitting comments.                   ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                               Comments submitted electronically,                      CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                               including attachments, to https://                      Agency will review this copy, including               collection of information, FDA invites
                                               www.regulations.gov will be posted to                   the claimed confidential information, in              comments on these topics: (1) Whether
                                               the docket unchanged. Because your                      its consideration of comments. The                    the proposed collection of information
                                               comment will be made public, you are                    second copy, which will have the                      is necessary for the proper performance
                                               solely responsible for ensuring that your               claimed confidential information                      of FDA’s functions, including whether
                                               comment does not include any                            redacted/blacked out, will be available               the information will have practical
                                               confidential information that you or a                  for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                               third party may not wish to be posted,                  https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                               such as medical information, your or                    both copies to the Dockets Management                 collection of information, including the
                                               anyone else’s Social Security number, or                Staff. If you do not wish your name and               validity of the methodology and
                                               confidential business information, such                 contact information to be made publicly               assumptions used; (3) ways to enhance
                                               as a manufacturing process. Please note                 available, you can provide this                       the quality, utility, and clarity of the
                                               that if you include your name, contact                  information on the cover sheet and not                information to be collected; and (4)
                                               information, or other information that                  in the body of your comments and you                  ways to minimize the burden of the
                                               identifies you in the body of your                      must identify this information as                     collection of information on
                                               comments, that information will be                      ‘‘confidential.’’ Any information marked              respondents, including through the use
                                               posted on https://www.regulations.gov.                  as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                                 • If you want to submit a comment                     except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                               with confidential information that you                  and other applicable disclosure law. For              information technology.
                                               do not wish to be made available to the                 more information about FDA’s posting                  Guidance for Industry: Drug Supply
                                               public, submit the comment as a                         of comments to public dockets, see 80                 Chain Security Act Implementation:
                                               written/paper submission and in the                     FR 56469, September 18, 2015, or access               Identification of Suspect Product and
                                               manner detailed (see ‘‘Written/Paper                    the information at: https://www.gpo.gov/              Notification
                                               Submissions’’ and ‘‘Instructions’’).                    fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                       23389.pdf.                                            OMB Control Number 0910–0806—
                                               Written/Paper Submissions                                  Docket: For access to the docket to                Extension
                                                 Submit written/paper submissions as                   read background documents or the                        This information collection supports
                                               follows:                                                electronic and written/paper comments                 the previously captioned Agency
                                                 • Mail/Hand Delivery/Courier (for                     received, go to https://                              guidance and associated Form FDA
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                                               Written/Paper Submissions): Dockets                     www.regulations.gov and insert the                    3911. The Drug Supply Chain Security
                                               Management Staff (HFA–305), Food and                    docket number, found in brackets in the               Act (DSCSA) (Title II of Pub. L. 113–54)
                                               Drug Administration, 5630 Fishers                       heading of this document, into the                    added new section 582(h)(2) to the
                                               Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts                 Federal Food, Drug, and Cosmetic Act
                                                 • For written/paper comments                          and/or go to the Dockets Management                   (FD&C Act), requiring FDA to issue
                                               submitted to the Dockets Management                     Staff, 5630 Fishers Lane, Rm. 1061,                   guidance to aid trading partners in
                                               Staff, FDA will post your comment, as                   Rockville, MD 20852.                                  identifying a suspect product and


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                                               45256                     Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                               terminating a notification regarding an                 immediate trading partners about an                   product listing database indicates that
                                               illegitimate product and, for a                         illegitimate product that they may have               many companies perform activities of
                                               manufacturer, a product with a high risk                received (and, for manufacturers, that a              both manufacturers and repackagers.
                                               of illegitimacy. Suspect product is                     product has a high risk of illegitimacy);             Although the DSCSA specifically
                                               defined in section 581(21) of the FD&C                  (3) terminate notifications regarding                 defines dispensers, for estimation
                                               Act as a product for which there is                     illegitimate products (and, for                       purposes, we are using estimates for
                                               reason to believe it: (1) Is potentially                manufacturers, a product with a high                  pharmacies in general terms based on
                                               counterfeit, diverted, or stolen; (2) is                risk of illegitimacy), in consultation                those that must comply with the new
                                               potentially intentionally adulterated                   with FDA, when the notifications are no               requirements under section 582(d) of
                                               such that the product would result in                   longer necessary; and (4) notify                      the FD&C Act.
                                               serious adverse health consequences or                  immediate trading partners when the                      Because manufacturers, repackagers,
                                               death to humans; (3) is potentially the                 notifications are terminated. Trading                 and wholesale distributors are
                                               subject of a fraudulent transaction; or (4)             partners should use Form FDA 3911 to                  collectively responsible for prescription
                                               appears otherwise unfit for distribution                submit notifications and requests for                 drugs from the point of manufacturing
                                               such that the product would result in                   terminations of notifications to FDA.                 through distribution in the drug supply
                                               serious adverse health consequences or                  Form FDA 3911 is available on FDA’s                   chain, we assume that most
                                               death to humans.                                        web page (https://www.accessdata.fda.                 notifications of illegitimate products are
                                                  Beginning January 1, 2015, section                   gov/scripts/cder/email/                               submitted by these three trading
                                               582 of the FD&C Act requires certain                    drugnotification.cfm).                                partners. The total number of
                                               trading partners, upon determining that                                                                       respondents is comprised of 80 percent
                                               a product in their possession or control                A. Notifications to FDA                               manufacturers (120), 15 percent
                                               is a suspect product, to quarantine the                    Under section 582(b)(4)(B)(ii)(I),                 wholesale distributors (22), and 5
                                               product while they promptly conduct                     (c)(4)(B)(ii), (d)(4)(B)(ii), and (e)(4)(B)(ii)       percent pharmacies (8).
                                               an investigation to determine whether                   of the FD&C Act, as amended by the                       We estimate that the number of
                                               the product is an illegitimate product.                 DSCSA, and beginning not later than                   annual notifications will vary from 0 to
                                               Illegitimate product is defined in                      January 1, 2015, a manufacturer,                      2 for manufacturers/repackagers, as well
                                               section 581(8) of the FD&C Act as a                     repackager, wholesale distributor, or                 as from pharmacies, with the vast
                                               product for which credible evidence                     dispenser who determines that a                       majority of companies making no
                                               shows that it: (1) Is counterfeit, diverted,            product in its possession or control is               notifications. Although FDA’s
                                               or stolen; (2) is intentionally adulterated             illegitimate must notify FDA of that                  establishment and drug product listing
                                               such that the product would result in                   determination not later than 24 hours                 database currently contains registrations
                                               serious adverse health consequences or                  after the determination is made. In                   for approximately 6,500 manufacturers
                                               death to humans; (3) is the subject of a                addition, section 582(b)(4)(B)(ii)(II) of             and repackagers, we estimate that
                                               fraudulent transaction; or (4) appears                  the FD&C Act requires manufacturers to                approximately 120 manufacturers/
                                               otherwise unfit for distribution such                   notify FDA when a manufacturer                        repackagers will notify us of illegitimate
                                               that the product would be reasonably                    determines that a product poses a high                products an average of one time per
                                               likely to result in serious adverse health              risk of illegitimacy.                                 year. Although we estimate
                                               consequences or death to humans. Also                      We originally estimated that all                   approximately 69,000 pharmacy sites in
                                               beginning January 1, 2015, trading                      manufacturers, repackagers, wholesale                 the United States, based on data from
                                               partners must, upon determining that a                  distributors, and dispensers would                    the National Association of Chain Drug
                                               product in their possession or control is               collectively submit 5,000 notifications               Stores, the National Community
                                               illegitimate, notify FDA and all                        per year. This estimate included the                  Pharmacists Association, and the
                                               immediate trading partners that they                    notifications by trading partners that                American Hospital Association, we
                                               have reason to believe they may have                    have determined that illegitimate                     estimate that approximately 8
                                               received the illegitimate product not                   product is in their possession or control,            pharmacies will notify FDA of
                                               later than 24 hours after making the                    as well as notifications by                           illegitimate product an average of one
                                               determination. Under section                            manufacturers that have determined a                  time per year. According to the
                                               582(b)(4)(B)(ii)(II) of the FD&C Act,                   product poses a high risk of                          Healthcare Distribution Alliance
                                               manufacturers are additionally required                 illegitimacy. As discussed in our                     (formerly known as Healthcare
                                               to notify FDA and any immediate                         Federal Register notice of June 11, 2014              Distribution Management Association),
                                               trading partners that they believe may                  (79 FR 33564), the estimate was based                 approximately 30 wholesale distributors
                                               possess a product manufactured by or                    on our experience with field alert                    are responsible for over 90 percent of
                                               purportedly manufactured by the                         reports (FARs) (Form FDA 3331) that                   drug distributions; based on sales and
                                               manufacturer not later than 24 hours                    holders of approved drug applications                 because FDA is estimating that over
                                               after the determination is made or being                are required to submit for certain drug               2,200 small wholesale distributors
                                               notified by FDA or a trading partner that               quality issues (21 CFR 314.81(b)(1)) and              might be responsible for the remaining
                                               the product has a high risk of                          with reports of the falsification of drug             10 percent of drug sales, we estimate
                                               illegitimacy.                                           sample records, diversion, loss, and                  that wholesale distributors will be
                                                  Under section 202 of the DSCSA,                      known theft of prescription drug                      responsible for making about an average
                                               manufacturers, repackagers, wholesale                   samples as currently required under                   of 1 notification per year to account for
                                               distributors, and dispensers (e.g.,                     § 203.37 (21 CFR 203.37). Upon                        the estimated 22 notifications that FDA
                                               pharmacies) must: (1) Notify FDA when                   evaluation of the number of                           will receive regarding illegitimate
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                                               they have determined that a product in                  notifications we received for fiscal years            product. Each notification should
                                               their possession or control is                          2016 and 2017, however, we are                        include information about the person or
                                               illegitimate (and, for manufacturers,                   lowering our estimate to 150                          entity initiating the notification, the
                                               when they have determined or been                       notifications.                                        product determined to be illegitimate or
                                               notified by FDA or a trading partner that                  We are also combining the estimates                having a high risk of illegitimacy, and
                                               a product has a high risk of                            for manufacturers and repackagers                     a description of the circumstances
                                               illegitimacy); (2) notify certain                       because FDA’s establishment and drug                  surrounding the event that prompted


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                                                                                  Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices                                                         45257

                                               the notification. We estimate that each                                 experience with the collection and                      request for termination, the illegitimate
                                               notification will take about 1 hour, as                                 informal feedback from industry to                      product or product with a high risk of
                                               reflected in table 1.                                                   reflect that 22 respondents will make                   illegitimacy, the notification that was
                                                                                                                       1,175 disclosures for a total of 25,850                 issued, and an explanation about what
                                               B. Notifications to Trading Partners of
                                                                                                                       disclosures annually; and that each                     actions have taken place or what
                                               an Illegitimate Product or Product With
                                                                                                                       disclosure will require approximately                   information has become available that
                                               a High Risk of Illegitimacy
                                                                                                                       12 minutes, for a total of 5,170 hours                  make the notification no longer
                                                  Under section 582(b)(4)(B)(ii)(I),                                   annually.                                               necessary. Trading partners should also
                                               (c)(4)(B)(ii), (d)(4)(B)(ii), and (e)(4)(B)(ii)                            We estimate that a pharmacy                          include the FDA-assigned incident
                                               of the FD&C Act, a trading partner who                                  purchases prescription drugs from an                    number associated with the initial
                                               determines that a product in its                                        average of two wholesale distributors.                  notification on the request for
                                               possession is illegitimate must also                                    Therefore, a pharmacy would notify 2                    termination. The request for a
                                               notify all immediate trading partners                                   trading partners for each of the 8                      termination will be viewed as a request
                                               that they believe may have received                                     illegitimate products identified,                       for consultation with FDA. We estimate
                                               such illegitimate product not later than                                resulting in approximately 16                           that the same amount of time will be
                                               24 hours after the determination is                                     notifications annually to pharmacy
                                               made. In addition, under section                                                                                                required to provide the information
                                                                                                                       trading partners.
                                               582(b)(4)(B)(ii)(II) of the FD&C Act, a                                    Manufacturers/repackagers, wholesale                 necessary to request termination as is
                                               manufacturer is required to notify all                                  distributors, and pharmacies may notify                 required to make the notification. The
                                               immediate trading partners that the                                     their trading partners using existing                   time required to investigate and resolve
                                               manufacturer believes may possess a                                     systems and processes used for similar                  an illegitimate product notification will
                                               product manufactured by or purported                                    types of communications. Such                           vary, but we assume that each
                                               to be manufactured by the manufacturer                                  communications may include, but are                     notification will eventually be
                                               not later than 24 hours after the                                       not limited to, posting notifications on                terminated. We assume that the number
                                               determination is made or being notified                                 a company website, sending an email,                    of requests for termination of a
                                               by FDA or a trading partner that the                                    telephoning, or mailing or faxing a letter              notification per year will be the same as
                                               product has a high risk of illegitimacy.                                or notification. The information                        the original number of notifications for
                                                  Because the extent of distribution of                                contained in the notification to the                    a given year. The estimated total burden
                                               any illegitimate product is likely to vary                              immediate trading partner should be the                 hours of making requests for
                                               from one situation to another, we                                       same as or based on the notification that               termination of notifications to FDA is
                                               assume a wide distribution of each                                      was already submitted to FDA. We                        150 hours annually, as reflected in table
                                               illegitimate product. We estimate that,                                 estimate that, for all trading partners,                3.
                                               for each notification made by a                                         each notification of immediate trading                  D. Notifications to Trading Partners
                                               manufacturer or repackager to FDA,                                      partners will take approximately 0.2                    That a Notification Has Been
                                               approximately 30 trading partners                                       hours (12 minutes). The estimated total
                                               (based on the number of distributors)                                                                                           Terminated
                                                                                                                       burden hours that manufacturers/
                                               will also be notified. This results in                                  repackagers, wholesale distributors, and                   Section 582(b)(4)(B)(iv), (c)(4)(B)(iv),
                                               approximately 3,600 notifications                                       pharmacies will take to notify trading                  (d)(4)(B)(iv), and (e)(4)(B)(iv) of the
                                               annually to trading partners of                                         partners is approximately 5,893 hours                   FD&C Act requires that a trading partner
                                               manufacturers/repackagers. This                                         annually, as reflected in table 2.                      who, in consultation with FDA,
                                               estimate includes the notifications by                                                                                          terminates a notification made under
                                               manufacturers and repackagers who                                       C. Consultations With FDA and
                                                                                                                       Termination of Notification                             section 582(b)(4)(B)(ii)(I) or (II),
                                               have determined that illegitimate                                                                                               (c)(4)(B)(ii), (d)(4)(B)(ii), or (e)(4)(B)(ii)
                                               product is in their possession or control,                                Section 582(b)(4)(B)(iv), (c)(4)(B)(iv),
                                                                                                                                                                               must also promptly inform previously-
                                               as well as notifications by                                             (d)(4)(B)(iv), and (e)(4)(B)(iv) of the
                                                                                                                                                                               notified immediate trading partners that
                                               manufacturers that have determined                                      FD&C Act requires that a trading partner
                                                                                                                                                                               the notification has been terminated. We
                                               that a product poses a high risk of                                     who determines, in consultation with
                                                                                                                                                                               estimate that the burden for notifying
                                               illegitimacy.                                                           FDA, that a notification made under
                                                  We estimate that a large wholesale                                                                                           trading partners of an illegitimate
                                                                                                                       section 582(b)(4)(B)(ii), (c)(4)(B)(ii),
                                               distributor may have up to 4,500 trading                                                                                        product and the number of trading
                                                                                                                       (d)(4)(B)(ii), or (e)(4)(B)(ii) is no longer
                                               partners, but a small wholesale                                                                                                 partners notified will be the same as the
                                                                                                                       necessary must terminate the
                                               distributor may have 200 trading                                                                                                estimates for notification of termination.
                                                                                                                       notification. The guidance for industry
                                               partners, for an average of                                                                                                     The estimated total burden hours of
                                                                                                                       sets forth the process by which trading
                                               approximately 2,350. We originally                                                                                              notifying trading partners that the
                                                                                                                       partners should consult with FDA to
                                               estimated that a wholesale distributor                                  terminate notifications that are no                     notification is terminated is
                                               would notify all 2,350 trading partners                                 longer necessary.                                       approximately 5,893 hours annually, as
                                               for each of the illegitimate products                                     Each request for termination of                       reflected in table 4.
                                               identified. However, we are lowering                                    notification must include information                      FDA estimates the burden of this
                                               our estimate as a result of our                                         about the person or entity initiating the               collection of information as follows:

                                                                                    TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN—NOTIFICATIONS TO FDA 1
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                                                                                                                                                             Number of                             Average
                                                                                                                                         Number of                            Total annual
                                                                        Respondent description                                                             responses per                         burden per       Total hours
                                                                                                                                        respondents                            responses
                                                                                                                                                             respondent                           response

                                               Manufacturers and Repackagers .........................................                               120                 1              120                   1            120
                                               Wholesale Distributors .........................................................                       22                 1               22                   1             22
                                               Dispensers ...........................................................................                  8                 1                8                   1              8




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                                               45258                               Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Notices

                                                                         TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN—NOTIFICATIONS TO FDA 1—Continued
                                                                                                                                                                          Number of                                                 Average
                                                                                                                                                Number of                                             Total annual
                                                                         Respondent description                                                                         responses per                                             burden per              Total hours
                                                                                                                                               respondents                                             responses
                                                                                                                                                                          respondent                                               response

                                                     Total ..............................................................................    ........................   ........................    ........................   ........................            150
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                  TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN FOR NOTIFICATIONS TO TRADING PARTNERS OF AN
                                                                                        ILLEGITIMATE PRODUCT 1
                                                                                                                                                            Number of                                                       Average
                                                                                                                                Number of                   disclosures               Total annual
                                                                 Respondent description                                                                                                                                    burden per                     Total hours
                                                                                                                               respondents                      per                   disclosures                          disclosure
                                                                                                                                                            respondent

                                               Manufacturers and Repackagers .........................                                          120                        30                       3,600       0.20 (12 minutes) .........                        720
                                               Wholesale Distributors ..........................................                                 22                     1,175                      25,850       0.20 (12 minutes) .........                      5,170
                                               Dispensers ............................................................                            8                         2                          16       0.20 (12 minutes) .........                        3.2

                                                     Total ...............................................................    ........................   ........................    ........................   .......................................          5,893
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                TABLE 3—ESTIMATED ANNUAL REPORTING BURDEN FOR CONSULTATION WITH FDA AND TERMINATION OF NOTIFICATION 1
                                                                                                                                                                          Number of                                                 Average
                                                                                                                                                Number of                                             Total annual
                                                                         Respondent description                                                                         responses per                                             burden per              Total hours
                                                                                                                                               respondents                                             responses
                                                                                                                                                                          respondent                                               response

                                               Manufacturers and Repackagers .........................................                                         120                            1                       120                           1              120
                                               Wholesale Distributors .........................................................                                 22                            1                        22                           1               22
                                               Dispensers ...........................................................................                            8                            1                         8                           1                8

                                                     Total ..............................................................................    ........................   ........................    ........................   ........................            150
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                  TABLE 4—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN FOR NOTIFICATIONS TO TRADING PARTNERS OF AN
                                                                                  ILLEGITIMATE PRODUCT TERMINATION 1
                                                                                                                                                            Number of                                                       Average
                                                                                                                                Number of                   disclosures               Total annual
                                                                 Respondent description                                                                                                                                    burden per                     Total hours
                                                                                                                               respondents                      per                   disclosures                          disclosure
                                                                                                                                                            respondent

                                               Manufacturers and Repackagers .........................                                          120                        30                       3,600       0.2 (12 minutes) ...........                       720
                                               Wholesale Distributors ..........................................                                 22                     1,175                      25,850       0.2 (12 minutes) ...........                     5,170
                                               Dispensers ............................................................                            8                         2                          16       0.2 (12 minutes) ...........                       3.2

                                                     Total ...............................................................    ........................   ........................    ........................   .......................................          5,893
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                 Cumulatively, the total estimated                                        DEPARTMENT OF HEALTH AND                                                      nominations for voting members to
                                               burden is 12,086 annual hours, which                                       HUMAN SERVICES                                                                serve on the National Mammography
                                               reflects a significant decrease. We base                                                                                                                 Quality Assurance Advisory Committee
                                               this adjustment on our experience with                                     Food and Drug Administration                                                  in the Center for Devices and
                                               the information collection since its                                                                                                                     Radiological Health. Nominations will
                                                                                                                          [Docket No. FDA–2018–N–3207]                                                  be accepted for upcoming vacancies
                                               establishment and implementation.
                                                                                                                                                                                                        effective with this notice.
                                                 Dated: August 31, 2018.                                                  Request for Nominations of Voting                                                FDA seeks to include the views of
                                               Leslie Kux,                                                                Members on a Public Advisory                                                  women and men, members of all racial
                                                                                                                          Committee; National Mammography                                               and ethnic groups, and individuals with
                                               Associate Commissioner for Policy.
                                                                                                                          Quality Assurance Advisory                                                    and without disabilities on its advisory
                                               [FR Doc. 2018–19351 Filed 9–5–18; 8:45 am]
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                                                                                                                          Committee                                                                     committees and, therefore, encourages
                                               BILLING CODE 4164–01–P
                                                                                                                          AGENCY:           Food and Drug Administration,                               nominations of appropriately qualified
                                                                                                                          HHS.                                                                          candidates from these groups.
                                                                                                                          ACTION:       Notice.                                                         DATES: Nominations received on or
                                                                                                                                                                                                        before November 5, 2018, will be given
                                                                                                                          SUMMARY: The Food and Drug                                                    first consideration for membership on
                                                                                                                          Administration (FDA) is requesting                                            the National Mammography Quality


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Document Created: 2018-09-05 23:55:45
Document Modified: 2018-09-05 23:55:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by November 5, 2018.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation83 FR 45254 

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