83_FR_50295 83 FR 50102 - Agency Information Collection Activities; Proposed Collection; Comment Request; Investigational New Drug Applications

83 FR 50102 - Agency Information Collection Activities; Proposed Collection; Comment Request; Investigational New Drug Applications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50102-50107
FR Document2018-21610

The Food and Drug Administration (FDA, Agency, or we) 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 regulations under which the clinical investigation of the safety and effectiveness of unapproved new drugs and biological products can be conducted.

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018)
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50102-50107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21610]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1721]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Investigational New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) 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 regulations under which the 
clinical investigation of the safety and effectiveness of unapproved 
new drugs and biological products can be conducted.

DATES: Submit either electronic or written comments on the collection 
of information by December 3, 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 December 3, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of December 3, 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-N-1721 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Investigational New Drug 
Applications.'' 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

[[Page 50103]]

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, 
[email protected].

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

Investigational New Drug Application--21 CFR Part 312

OMB Control Number 0910-0014--Extension

    This information collection supports FDA regulations in 21 CFR part 
312 covering Investigational New Drugs. Part 312 implements provisions 
of section 505(i) of the Federal Food, Drug, and Cosmetic Act (FD&C 
Act) (21 U.S.C. 355(i)) to issue regulations under which the clinical 
investigation of the safety and effectiveness of unapproved new drugs 
and biological products can be conducted.
    FDA is charged with implementing statutory requirements that ensure 
drug products marketed in the United States are shown to be safe and 
effective, properly manufactured, and properly labeled for their 
intended uses. Section 505(a) of the FD&C Act (21 U.S.C. 355(a)) 
provides that a new drug may not be introduced or delivered for 
introduction into interstate commerce in the United States unless FDA 
has previously approved a new drug application (NDA). FDA approves an 
NDA only if the sponsor of the application first demonstrates that the 
drug is safe and effective for the conditions prescribed, recommended, 
or suggested in the product's labeling. Proof must consist, in part, of 
adequate and well-controlled studies, including studies in humans, that 
are conducted by qualified experts.
    The investigational new drug application (IND) regulations under 21 
CFR part 312 establish reporting requirements that include an initial 
application as well as amendments to that application, reports on 
significant revisions of clinical investigation plans, and information 
on a drug's safety or effectiveness. In addition, the sponsor is 
required to give FDA an annual summary of the previous year's clinical 
experience. The regulations also include recordkeeping requirements 
pertaining to the disposition of drugs, records pertaining to 
individual case histories, and certain other documentation verifying 
the fulfillment of responsibilities by clinical investigators.
    Submissions are reviewed by medical officers and other Agency 
scientific reviewers assigned responsibility for overseeing a specific 
study. The details and complexity of these requirements are dictated by 
the scientific procedures and human subject safeguards that must be 
followed in the clinical tests of investigational new drugs.
    The IND information collection requirements provide the means by 
which FDA can monitor the clinical investigation of the safety and 
effectiveness of unapproved new drugs and biological products, 
including the following: (1) Monitor the safety of ongoing clinical 
investigations; (2) determine whether the clinical testing of a drug 
should be authorized; (3) ensure production of reliable data on the 
metabolism and pharmacological action of the drug in humans; (4) obtain 
timely information on adverse reactions to the drug; (5) obtain 
information on side effects associated with increasing doses; (6) 
obtain information on the drug's effectiveness; (7) ensure the design 
of well-controlled, scientifically valid studies; and (8) obtain other 
information pertinent to determining whether clinical testing should be 
continued and information related to the protection of human subjects. 
Without the information provided by industry as required under the IND 
regulations, FDA cannot authorize or monitor the clinical 
investigations that must be conducted before authorizing the sale and 
general use of new drugs. These reports enable FDA to monitor a study's 
progress, to ensure the safety of subjects, to ensure that a study will 
be conducted ethically, and to increase the likelihood that the sponsor 
will conduct studies that will be useful in determining whether the 
drug should be marketed and available for use in medical practice.
    To assist respondents with certain reporting requirements under 
part 312, we have developed two forms: Form FDA 1571 entitled, 
``Investigational New Drug Application (IND)'' and Form FDA 1572 
entitled, ``Statement of Investigator.'' Anyone who intends to conduct 
a clinical investigation must submit Form FDA 1571 as instructed. The 
reporting elements include: (1) A cover sheet containing background 
information on the sponsor and investigator; (2) a table of contents; 
(3) an introductory statement and general investigational plan; (4) an 
investigator's brochure describing the drug substance; (5) a protocol 
for each planned study; (6) chemistry, manufacturing, and control 
information for each investigation; (7) pharmacology and toxicology 
information for each investigation; and (8) previous human experience 
with the investigational drug. Form FDA 1572 is executed and submitted 
by the IND sponsor before an investigator may participate in an

[[Page 50104]]

investigation. It includes background information on the investigator 
as well as the investigation, and a general outline of the planned 
investigation and study protocol.
    Below, we estimate the burden of the information collection as 
reported by FDA's Center for Drug Evaluation and Research (CDER) and 
Center for Biologics Evaluation and Research (CBER) as follows:

                      Table 1--Estimated Annual Reporting Burden for Human Drugs (CDER) \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Sec.   312.2(e); Requests for                400               1             400              24           9,600
 FDA advice on the applicability
 of part 312 to a planned
 clinical investigation.........
Sec.   312.8; Requests to charge              74            1.23              91              48           4,368
 for an investigational drug....
Sec.   312.10; Requests to waive              86            1.84             158              24           3,792
 a requirement in part 312......
Sec.   312.23(a) through (f);              2,187             1.7           3,718           1,600       5,948,800
 IND content and format
 (including Form FDA 1571)......
Sec.   312.30(a) through (e);              4,418            5.52          24,387             284       6,925,908
 Protocol amendments............
Sec.   312.31(b); Information              6,691            3.32          22,214             100       2,221,400
 amendments.....................
Sec.   312.32(c) and (d); IND                867           15.78          13,681              32         437,792
 safety reports.................
Sec.   312.33(a) through (f);              3,376            2.86           9,655             360       3,475,800
 IND annual reports.............
Sec.   312.38(b) and (c);                    930            1.61           1,497              28          41,916
 Notifications of withdrawal of
 an IND.........................
Sec.   312.42; Sponsor requests              198            1.38             273             284          77,532
 that a clinical hold be
 removed, including sponsor
 submission of a complete
 response to the issues
 identified in the clinical hold
 order..........................
Sec.   312.44(c) and (d);                     12            1.16              14              16             224
 Sponsor responses to FDA when
 IND is terminated..............
Sec.   312.45(a) and (b);                    231            1.84             425              12           5,100
 Sponsor requests for or
 responses to an inactive status
 determination of an IND by FDA.
Sec.   312.47; Meetings,                     122            1.51             184             160          29,440
 including ``End-of-Phase 2''
 meetings and ``Pre-NDA''
 meetings.......................
Sec.   312.54(a); Sponsor                     15             2.4              36              48           1,728
 submissions to FDA concerning
 investigations involving an
 exception from informed consent
 under Sec.   50.24.............
Sec.   312.54(b); Sponsor                      2               1               2              48              96
 notifications to FDA and others
 concerning an IRB determination
 that it cannot approve research
 because it does not meet the
 criteria in the exception from
 informed consent in Sec.
 50.24(a).......................
Sec.   312.56(b), (c), and (d);            6,100               7          42,700              80       3,416,000
 Sponsor notifications to FDA
 and others resulting from: (1)
 The sponsor's monitoring of all
 clinical investigations and
 determining that an
 investigator is not in
 compliance with the
 investigation agreements; (2)
 the sponsor's review and
 evaluation of the evidence
 relating to the safety and
 effectiveness of the
 investigational drug; and (3)
 the sponsor's determination
 that the investigational drug
 presents an unreasonable and
 significant risk to subjects...
Sec.   312.58(a); Sponsor's                   73               1              73               8             584
 submissions of clinical
 investigation records to FDA on
 request during FDA inspections.
Sec.   312.70; During the                      4               1               4              40             160
 disqualification process of a
 clinical investigator by FDA,
 the number of investigator
 responses or requests to FDA
 following FDA's notification to
 an investigator of its failure
 to comply with investigation
 requirements...................
Sec.   312.110(b)(4) and (b)(5);              11           26.28             289              75          21,675
 Written certifications and
 written statements submitted to
 FDA relating to the export of
 an investigational drug........
Sec.   312.120(b); Submissions             1,414            8.62          12,189              32         390,048
 to FDA of ``supporting
 information'' related to the
 use of foreign clinical studies
 not conducted under an IND.....
Sec.   312.120(c); Waiver                     35            2.34              82              24           1,968
 requests submitted to FDA
 related to the use of foreign
 clinical studies not conducted
 under an IND...................
Sec.   312.130; Requests for                   3               1               3               8              24
 disclosable information in an
 IND and for investigations
 involving an exception from
 informed consent under Sec.
 50.24..........................
Sec.  Sec.   312.310(b) and                  935            2.77           2,590               8          20,720
 312.305(b); Submissions related
 to expanded access and
 treatment of an individual
 patient........................
Sec.   312.310(d); Submissions               480            2.15           1,032              16          16,512
 related to emergency use of an
 investigational new drug.......
Sec.  Sec.   312.315(c) and                  118            2.52             297             120          35,640
 312.305(b); Submissions related
 to expanded access and
 treatment of an intermediate-
 size patient population........
Sec.   312.320(b); Submissions                10            12.9             129             300          38,700
 related to a treatment IND or
 treatment protocol.............
                                 -------------------------------------------------------------------------------

[[Page 50105]]

 
    Total.......................  ..............  ..............  ..............  ..............      23,125,527
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                    Table 2--Estimated Annual Recordkeeping Burden for Human Drugs (CDER) \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
         21 CFR section              Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Sec.   312.52(a); Sponsor                  1,300               1           1,300               2           2,600
 records for the transfer of
 obligations to a contract
 research organization..........
Sec.   312.57; Sponsor                    13,000               1          13,000             100       1,300,000
 recordkeeping showing the
 receipt, shipment, or other
 disposition of the
 investigational drug and any
 financial interests............
Sec.   312.62(a); Investigator            13,000               1          13,000              40         520,000
 recordkeeping of the
 disposition of drugs...........
Sec.   312.62(b); Investigator            13,000               1          13,000              40         520,000
 recordkeeping of case histories
 of individuals.................
Sec.   312.160(a)(3); Records                547            1.43             782          * 0.50             391
 pertaining to the shipment of
 drugs for investigational use
 in laboratory research animals
 or in vitro tests..............
Sec.   312.160(c); Shipper                   547            1.43             782          * 0.50             391
 records of alternative
 disposition of unused drugs....
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       2,343,382
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
* 30 minutes.


               Table 3--Estimated Annual Third-Party Disclosure Burden for Human Drugs (CDER) \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of      disclosures    Total annual   Average burden    Total hours
                                    respondents   per respondent    disclosures   per disclosure
----------------------------------------------------------------------------------------------------------------
Sec.   312.53(c); Investigator             1,732            7.94          13,752              80       1,100,160
 reports submitted to the
 sponsor, including Form FDA
 1572, curriculum vitae,
 clinical protocol, and
 financial disclosure...........
Sec.   312.55(a); Investigator               995               4           3,980              48         191,040
 brochures submitted by the
 sponsor to each investigator...
Sec.   312.55(b); Sponsor                    995               4           3,980              48         191,040
 reports to investigators on new
 observations, especially
 adverse reactions and safe use.
Sec.   312.64; Investigator               13,000               1          13,000              24         312,000
 reports to the sponsor,
 including progress reports,
 safety reports, final reports,
 and financial disclosure
 reports........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       1,794,240
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.



                       Table 4--Estimated Annual Reporting Burden for Biologics (CBER) \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
312.2(e) Requests for FDA advice             217            1.18             256              24           6,144
 on the applicability of part
 312 to a planned clinical
 investigation..................
312.8 Requests to charge for an               20            1.50              30              48           1,440
 investigational drug...........
312.10 Requests to waive a                     2               1               2              24              48
 requirement in part 312........
312.23(a) through (f) IND                    335            1.35             452           1,600         723,200
 content and format.............
312.30(a) through (e) Protocol               694            5.84           4,053             284       1,151,052
 amendments.....................
312.31(b) Information amendments              77            2.43             187             100          18,700
312.32(c) and (d) IND Safety                 161            8.83           1,422              32          45,504
 reports........................
312.33(a) through (f) IND Annual             745            2.14           1,594             360         573,840
 reports........................
312.38(b) and (c) Notifications              134            1.69             226              28           6,328
 of withdrawal of an IND........

[[Page 50106]]

 
312.42 Sponsor requests that a                67            1.30              87             284          24,708
 clinical hold be removed,
 including sponsor submission of
 a complete response to the
 issues identified in the
 clinical hold order............
312.44(c) and (d) Sponsor                     34            1.15              39              16             624
 responses to FDA when IND is
 terminated.....................
312.45(a) and (b) Sponsor                     55            1.38              76              12             912
 requests for or responses to an
 inactive status determination
 of an IND by FDA...............
312.47 Meetings, including ``End-             88            1.75             154             160          24,640
 of-Phase 2'' meetings and ``Pre-
 NDA'' meetings.................
312.53(c) Investigator reports               453            6.33           2,867              80         229,360
 submitted to the sponsor,
 including Form FDA-1572,
 curriculum vitae, clinical
 protocol, and financial
 disclosure.....................
312.54(a) Sponsor submissions to               1               1               1              48              48
 FDA concerning investigations
 involving an exception from
 informed consent under 21 CFR
 50.24..........................
312.54(b) Sponsor notifications                1               1               1              48              48
 to FDA and others concerning an
 IRB determination that it
 cannot approve research because
 it does not meet the criteria
 in the exception from informed
 consent in 50.24(a)............
312.55(a) Number of investigator             239            1.91             456              48          21,888
 brochures submitted by the
 sponsor to each investigator...
312.55(b) Number of sponsor                  243            4.95           1,203              48          57,744
 reports to investigators on new
 observations, especially
 adverse reactions and safe use.
312.56(b), (c), and (d) Sponsor              108            2.21             239              80          19,120
 notifications to FDA and others
 resulting from: (1) The
 sponsor's monitoring of all
 clinical investigations and
 determining that an
 investigator is not in
 compliance with the
 investigation agreements; (2)
 the sponsor's review and
 evaluation of the evidence
 relating to the safety and
 effectiveness of the
 investigational drug; and (3)
 the sponsor's determination
 that the investigational drug
 presents an unreasonable and
 significant risk to subjects...
312.58(a) Number of sponsor's                  7               1               7               8              56
 submissions of clinical
 investigation records to FDA on
 request during FDA inspections.
312.64 Number of investigator              2,728            3.82          10,421              24         250,104
 reports to the sponsor,
 including progress reports,
 safety reports, final reports,
 and financial disclosure
 reports........................
312.70 During the                              5               1               5              40             200
 disqualification process of a
 clinical investigator by FDA,
 the number of investigator
 responses or requests to FDA
 following FDA's notification to
 an investigator of its failure
 to comply with investigation
 requirements...................
312.110(b)(4) and (b)(5) Number               18               1              18              75           1,350
 of written certifications and
 written statements submitted to
 FDA relating to the export of
 an investigational drug........
312.120(b) Number of submissions             280            9.82           2,750              32          88,000
 to FDA of ``supporting
 information'' related to the
 use of foreign clinical studies
 not conducted under an IND.....
312.120(c) Number of waiver                    7            2.29              16              24             384
 requests submitted to FDA
 related to the use of foreign
 clinical studies not conducted
 under an IND...................
312.130 Number of requests for               350            1.34             469               8           3,752
 disclosable information in an
 IND and for investigations
 involving an exception from
 informed consent under Sec.
 50.24..........................
312.310(b) and 312.305(b) Number              78            1.08              84               8             672
 of submissions related to
 expanded access and treatment
 of an individual patient.......
312.310(d) Number of submissions              76            2.76             210              16           3,360
 related to emergency use of an
 investigational new drug.......
312.315(c) and 312.305(b) Number               9               1               9             120           1,080
 of submissions related to
 expanded access and treatment
 of an intermediate-size patient
 population.....................
312.320(b) Number of submissions               1               1               1             300             300
 related to a treatment IND or
 treatment protocol.............
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............       3,254,606
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 50107]]


                     Table 5--Estimated Annual Recordkeeping Burden for Biologics (CBER) \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
         21 CFR section              Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
312.52(a) Sponsor records for                 75            1.40             105               2             210
 the transfer of obligations to
 a contract research
 organization...................
312.57 Sponsor recordkeeping                 335            2.70             904             100          90,400
 showing the receipt, shipment,
 or other disposition of the
 investigational drug, and any
 financial interests............
312.62(a) Investigator                       453               1             453              40          18,120
 recordkeeping of the
 disposition of drugs...........
312.62(b) Investigator                       453               1             453              40          18,120
 recordkeeping of case histories
 of individuals.................
312.160(a)(3) Records pertaining             111            1.40             155           * 0.5              78
 to the shipment of drugs for
 investigational use in
 laboratory research animals or
 in vitro tests.................
312.160(c) Shipper records of                111            1.40             155           * 0.5              78
 alternative disposition of
 unused drugs...................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         127,006
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
* 30 minutes.

    Because we have received an increased number of IND submissions 
since the last OMB approval of the information collection, we have 
increased our estimate of the associated burden accordingly.

    Dated: September 28, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21610 Filed 10-3-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               50102                        Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices

                                               This payment is an add-on to the set                    DEPARTMENT OF HEALTH AND                              anyone else’s Social Security number, or
                                               amount per case the Centers for                         HUMAN SERVICES                                        confidential business information, such
                                               Medicare and Medicaid Services (CMS)                                                                          as a manufacturing process. Please note
                                               pays to hospitals under the Medicare                    Food and Drug Administration                          that if you include your name, contact
                                               Inpatient Prospective Payment System                    [Docket No. FDA–2014–N–1721]                          information, or other information that
                                               (IPPS). Under current regulations at 42                                                                       identifies you in the body of your
                                               CFR 412.106, in order to meet the                       Agency Information Collection                         comments, that information will be
                                               qualifying criteria for this additional                 Activities; Proposed Collection;                      posted on https://www.regulations.gov.
                                                                                                       Comment Request; Investigational                        • If you want to submit a comment
                                               DSH payment, a hospital must prove
                                                                                                       New Drug Applications                                 with confidential information that you
                                               that a disproportionate percentage of its
                                                                                                                                                             do not wish to be made available to the
                                               patients are low income using                           AGENCY:    Food and Drug Administration,              public, submit the comment as a
                                               Supplemental Security Income (SSI)                      HHS.                                                  written/paper submission and in the
                                               and Medicaid as proxies for this                        ACTION:   Notice.                                     manner detailed (see ‘‘Written/Paper
                                               determination. This percentage includes                                                                       Submissions’’ and ‘‘Instructions’’).
                                               two computations: (1) The ‘‘Medicare                    SUMMARY:    The Food and Drug
                                               fraction’’ or the ‘‘SSI ratio’’ which is the            Administration (FDA, Agency, or we) is                Written/Paper Submissions
                                               percent of patient days for beneficiaries               announcing an opportunity for public                     Submit written/paper submissions as
                                               who are eligible for Medicare Part A and                comment on the proposed collection of                 follows:
                                               SSI and (2) the ‘‘Medicaid fraction’’                   certain information by the Agency.                       • Mail/Hand delivery/Courier (for
                                                                                                       Under the Paperwork Reduction Act of                  written/paper submissions): Dockets
                                               which is the percent of patient days for
                                                                                                       1995 (PRA), Federal Agencies are                      Management Staff (HFA–305), Food and
                                               patients who are eligible for Medicaid                  required to publish notice in the
                                               but not Medicare. Once a hospital                                                                             Drug Administration, 5630 Fishers
                                                                                                       Federal Register concerning each                      Lane, Rm. 1061, Rockville, MD 20852.
                                               qualifies for this DSH payment, CMS                     proposed collection of information,                      • For written/paper comments
                                               also determines a hospital’s payment                    including each proposed extension of an               submitted to the Dockets Management
                                               adjustment based on these two fractions.                existing collection of information, and               Staff, FDA will post your comment, as
                                               42 CFR 412.106 allows hospitals to                      to allow 60 days for public comment in                well as any attachments, except for
                                               request that the Medicare fraction of the               response to the notice. This notice                   information submitted, marked and
                                               DSH adjustment be calculated on a cost                  solicits comments on regulations under                identified, as confidential, if submitted
                                               reporting basis rather than a federal                   which the clinical investigation of the               as detailed in ‘‘Instructions.’’
                                               fiscal year. Once requested, the hospital               safety and effectiveness of unapproved                   Instructions: All submissions received
                                               must accept the result irrespective of                  new drugs and biological products can                 must include the Docket No. FDA–
                                               whether it increases or decreases their                 be conducted.                                         2014–N–1721 for ‘‘Agency Information
                                               DSH payment. The routine use                            DATES: Submit either electronic or                    Collection Activities; Proposed
                                               procedure and the DUA allows hospitals                  written comments on the collection of                 Collection; Comment Request;
                                               to request the detailed Medicare data so                information by December 3, 2018.                      Investigational New Drug
                                               they can make an informed choice                        ADDRESSES: You may submit comments                    Applications.’’ Received comments,
                                               before deciding whether to request that                 as follows. Please note that late,                    those filed in a timely manner (see
                                               the Medicare fraction be calculated on                  untimely filed comments will not be                   ADDRESSES), will be placed in the docket
                                               the basis of a cost reporting period                    considered. Electronic comments must                  and, except for those submitted as
                                               rather than a federal fiscal year. Form                 be submitted on or before December 3,                 ‘‘Confidential Submissions,’’ publicly
                                               Number: CMS–R–194 (OMB control                          2018. The https://www.regulations.gov                 viewable at https://www.regulations.gov
                                               number 0938–0691); Frequency: Yearly;                   electronic filing system will accept                  or at the Dockets Management Staff
                                               Affected Public: Private sector (Business               comments until 11:59 p.m. Eastern Time                between 9 a.m. and 4 p.m., Monday
                                                                                                       at the end of December 3, 2018.                       through Friday.
                                               or other for-profits); Number of
                                                                                                       Comments received by mail/hand                           • Confidential Submissions—To
                                               Respondents: 800; Total Annual                                                                                submit a comment with confidential
                                               Responses: 800; Total Annual Hours:                     delivery/courier (for written/paper
                                                                                                       submissions) will be considered timely                information that you do not wish to be
                                               400. (For policy questions regarding this                                                                     made publicly available, submit your
                                               collection contact Emily Lipkin at 410–                 if they are postmarked or the delivery
                                                                                                       service acceptance receipt is on or                   comments only as a written/paper
                                               786–3633.)                                                                                                    submission. You should submit two
                                                                                                       before that date.
                                                  Dated: September 28, 2018.                                                                                 copies total. One copy will include the
                                                                                                       Electronic Submissions                                information you claim to be confidential
                                               William N. Parham, III,
                                                                                                         Submit electronic comments in the                   with a heading or cover note that states
                                               Director, Paperwork Reduction Staff, Office
                                               of Strategic Operations and Regulatory                  following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                               Affairs.                                                  • Federal eRulemaking Portal:                       CONFIDENTIAL INFORMATION.’’ The
                                               [FR Doc. 2018–21590 Filed 10–3–18; 8:45 am]
                                                                                                       https://www.regulations.gov. Follow the               Agency will review this copy, including
                                                                                                       instructions for submitting comments.                 the claimed confidential information, in
                                               BILLING CODE 4120–01–P
                                                                                                       Comments submitted electronically,                    its consideration of comments. The
                                                                                                       including attachments, to https://                    second copy, which will have the
                                                                                                       www.regulations.gov will be posted to                 claimed confidential information
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       the docket unchanged. Because your                    redacted/blacked out, will be available
                                                                                                       comment will be made public, you are                  for public viewing and posted on
                                                                                                       solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                                                                                       comment does not include any                          both copies to the Dockets Management
                                                                                                       confidential information that you or a                Staff. If you do not wish your name and
                                                                                                       third party may not wish to be posted,                contact information to be made publicly
                                                                                                       such as medical information, your or                  available, you can provide this


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                                                                            Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices                                           50103

                                               information on the cover sheet and not                  information to be collected; and (4)                  are dictated by the scientific procedures
                                               in the body of your comments and you                    ways to minimize the burden of the                    and human subject safeguards that must
                                               must identify this information as                       collection of information on                          be followed in the clinical tests of
                                               ‘‘confidential.’’ Any information marked                respondents, including through the use                investigational new drugs.
                                               as ‘‘confidential’’ will not be disclosed               of automated collection techniques,                      The IND information collection
                                               except in accordance with 21 CFR 10.20                  when appropriate, and other forms of                  requirements provide the means by
                                               and other applicable disclosure law. For                information technology.                               which FDA can monitor the clinical
                                               more information about FDA’s posting                                                                          investigation of the safety and
                                               of comments to public dockets, see 80                   Investigational New Drug                              effectiveness of unapproved new drugs
                                               FR 56469, September 18, 2015, or access                 Application—21 CFR Part 312                           and biological products, including the
                                               the information at: https://www.gpo.gov/                OMB Control Number 0910–0014—                         following: (1) Monitor the safety of
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                       Extension                                             ongoing clinical investigations; (2)
                                               23389.pdf.                                                                                                    determine whether the clinical testing of
                                                                                                          This information collection supports               a drug should be authorized; (3) ensure
                                                  Docket: For access to the docket to
                                                                                                       FDA regulations in 21 CFR part 312                    production of reliable data on the
                                               read background documents or the
                                                                                                       covering Investigational New Drugs.                   metabolism and pharmacological action
                                               electronic and written/paper comments
                                                                                                       Part 312 implements provisions of                     of the drug in humans; (4) obtain timely
                                               received, go to https://
                                                                                                       section 505(i) of the Federal Food, Drug,             information on adverse reactions to the
                                               www.regulations.gov and insert the
                                                                                                       and Cosmetic Act (FD&C Act) (21 U.S.C.                drug; (5) obtain information on side
                                               docket number, found in brackets in the
                                                                                                       355(i)) to issue regulations under which              effects associated with increasing doses;
                                               heading of this document, into the
                                                                                                       the clinical investigation of the safety              (6) obtain information on the drug’s
                                               ‘‘Search’’ box and follow the prompts
                                                                                                       and effectiveness of unapproved new                   effectiveness; (7) ensure the design of
                                               and/or go to the Dockets Management
                                                                                                       drugs and biological products can be                  well-controlled, scientifically valid
                                               Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                       conducted.                                            studies; and (8) obtain other information
                                               Rockville, MD 20852.
                                                                                                          FDA is charged with implementing                   pertinent to determining whether
                                               FOR FURTHER INFORMATION CONTACT:                        statutory requirements that ensure drug
                                               Domini Bean, Office of Operations,                                                                            clinical testing should be continued and
                                                                                                       products marketed in the United States                information related to the protection of
                                               Food and Drug Administration, Three                     are shown to be safe and effective,
                                               White Flint North, 10A–12M, 11601                                                                             human subjects. Without the
                                                                                                       properly manufactured, and properly                   information provided by industry as
                                               Landsdown St., North Bethesda, MD                       labeled for their intended uses. Section
                                               20852, 301–796–5733, PRAStaff@                                                                                required under the IND regulations,
                                                                                                       505(a) of the FD&C Act (21 U.S.C.                     FDA cannot authorize or monitor the
                                               fda.hhs.gov.                                            355(a)) provides that a new drug may                  clinical investigations that must be
                                               SUPPLEMENTARY INFORMATION: Under the                    not be introduced or delivered for                    conducted before authorizing the sale
                                               PRA (44 U.S.C. 3501–3520), Federal                      introduction into interstate commerce in              and general use of new drugs. These
                                               Agencies must obtain approval from the                  the United States unless FDA has                      reports enable FDA to monitor a study’s
                                               Office of Management and Budget                         previously approved a new drug                        progress, to ensure the safety of subjects,
                                               (OMB) for each collection of                            application (NDA). FDA approves an                    to ensure that a study will be conducted
                                               information they conduct or sponsor.                    NDA only if the sponsor of the                        ethically, and to increase the likelihood
                                               ‘‘Collection of information’’ is defined                application first demonstrates that the               that the sponsor will conduct studies
                                               in 44 U.S.C. 3502(3) and 5 CFR                          drug is safe and effective for the                    that will be useful in determining
                                               1320.3(c) and includes Agency requests                  conditions prescribed, recommended, or                whether the drug should be marketed
                                               or requirements that members of the                     suggested in the product’s labeling.                  and available for use in medical
                                               public submit reports, keep records, or                 Proof must consist, in part, of adequate              practice.
                                               provide information to a third party.                   and well-controlled studies, including                   To assist respondents with certain
                                               Section 3506(c)(2)(A) of the PRA (44                    studies in humans, that are conducted                 reporting requirements under part 312,
                                               U.S.C. 3506(c)(2)(A)) requires Federal                  by qualified experts.                                 we have developed two forms: Form
                                               Agencies to provide a 60-day notice in                     The investigational new drug                       FDA 1571 entitled, ‘‘Investigational
                                               the Federal Register concerning each                    application (IND) regulations under 21                New Drug Application (IND)’’ and Form
                                               proposed collection of information,                     CFR part 312 establish reporting                      FDA 1572 entitled, ‘‘Statement of
                                               including each proposed extension of an                 requirements that include an initial                  Investigator.’’ Anyone who intends to
                                               existing collection of information,                     application as well as amendments to                  conduct a clinical investigation must
                                               before submitting the collection to OMB                 that application, reports on significant              submit Form FDA 1571 as instructed.
                                               for approval. To comply with this                       revisions of clinical investigation plans,            The reporting elements include: (1) A
                                               requirement, FDA is publishing notice                   and information on a drug’s safety or                 cover sheet containing background
                                               of the proposed collection of                           effectiveness. In addition, the sponsor is            information on the sponsor and
                                               information set forth in this document.                 required to give FDA an annual                        investigator; (2) a table of contents; (3)
                                                  With respect to the following                        summary of the previous year’s clinical               an introductory statement and general
                                               collection of information, FDA invites                  experience. The regulations also include              investigational plan; (4) an investigator’s
                                               comments on these topics: (1) Whether                   recordkeeping requirements pertaining                 brochure describing the drug substance;
                                               the proposed collection of information                  to the disposition of drugs, records                  (5) a protocol for each planned study;
                                               is necessary for the proper performance                 pertaining to individual case histories,              (6) chemistry, manufacturing, and
                                               of FDA’s functions, including whether                   and certain other documentation                       control information for each
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                                               the information will have practical                     verifying the fulfillment of                          investigation; (7) pharmacology and
                                               utility; (2) the accuracy of FDA’s                      responsibilities by clinical investigators.           toxicology information for each
                                               estimate of the burden of the proposed                     Submissions are reviewed by medical                investigation; and (8) previous human
                                               collection of information, including the                officers and other Agency scientific                  experience with the investigational
                                               validity of the methodology and                         reviewers assigned responsibility for                 drug. Form FDA 1572 is executed and
                                               assumptions used; (3) ways to enhance                   overseeing a specific study. The details              submitted by the IND sponsor before an
                                               the quality, utility, and clarity of the                and complexity of these requirements                  investigator may participate in an


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                                               50104                                 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices

                                               investigation. It includes background                                    outline of the planned investigation and                 FDA’s Center for Drug Evaluation and
                                               information on the investigator as well                                  study protocol.                                          Research (CDER) and Center for
                                               as the investigation, and a general                                        Below, we estimate the burden of the                   Biologics Evaluation and Research
                                                                                                                        information collection as reported by                    (CBER) as follows:
                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS (CDER) 1
                                                                                                                                                               Number of            Total            Average
                                                                                                                                            Number of
                                                                               21 CFR section                                                                responses per         annual          burden per       Total hours
                                                                                                                                           respondents         respondent        responses          response

                                               § 312.2(e); Requests for FDA advice on the applicability of
                                                  part 312 to a planned clinical investigation ......................                                  400                 1               400              24             9,600
                                               § 312.8; Requests to charge for an investigational drug .....                                            74              1.23                91              48             4,368
                                               § 312.10; Requests to waive a requirement in part 312 .....                                              86              1.84               158              24             3,792
                                               § 312.23(a) through (f); IND content and format (including
                                                  Form FDA 1571) ..............................................................                   2,187                  1.7           3,718             1,600         5,948,800
                                               § 312.30(a) through (e); Protocol amendments ...................                                   4,418                 5.52          24,387               284         6,925,908
                                               § 312.31(b); Information amendments .................................                              6,691                 3.32          22,214               100         2,221,400
                                               § 312.32(c) and (d); IND safety reports ...............................                              867                15.78          13,681                32           437,792
                                               § 312.33(a) through (f); IND annual reports ........................                               3,376                 2.86           9,655               360         3,475,800
                                               § 312.38(b) and (c); Notifications of withdrawal of an IND ..                                        930                 1.61           1,497                28            41,916
                                               § 312.42; Sponsor requests that a clinical hold be re-
                                                  moved, including sponsor submission of a complete re-
                                                  sponse to the issues identified in the clinical hold order                                           198              1.38               273             284            77,532
                                               § 312.44(c) and (d); Sponsor responses to FDA when IND
                                                  is terminated .....................................................................                   12              1.16                14              16               224
                                               § 312.45(a) and (b); Sponsor requests for or responses to
                                                  an inactive status determination of an IND by FDA ........                                           231              1.84               425              12             5,100
                                               § 312.47; Meetings, including ‘‘End-of-Phase 2’’ meetings
                                                  and ‘‘Pre-NDA’’ meetings .................................................                           122              1.51               184             160            29,440
                                               § 312.54(a); Sponsor submissions to FDA concerning in-
                                                  vestigations involving an exception from informed con-
                                                  sent under § 50.24 ............................................................                       15               2.4                36              48             1,728
                                               § 312.54(b); Sponsor notifications to FDA and others con-
                                                  cerning an IRB determination that it cannot approve re-
                                                  search because it does not meet the criteria in the ex-
                                                  ception from informed consent in § 50.24(a) ...................                                        2                 1                 2              48                96
                                               § 312.56(b), (c), and (d); Sponsor notifications to FDA and
                                                  others resulting from: (1) The sponsor’s monitoring of all
                                                  clinical investigations and determining that an investi-
                                                  gator is not in compliance with the investigation agree-
                                                  ments; (2) the sponsor’s review and evaluation of the
                                                  evidence relating to the safety and effectiveness of the
                                                  investigational drug; and (3) the sponsor’s determination
                                                  that the investigational drug presents an unreasonable
                                                  and significant risk to subjects .........................................                      6,100                    7          42,700                80         3,416,000
                                               § 312.58(a); Sponsor’s submissions of clinical investigation
                                                  records to FDA on request during FDA inspections ........                                             73                 1                73                  8            584
                                               § 312.70; During the disqualification process of a clinical
                                                  investigator by FDA, the number of investigator re-
                                                  sponses or requests to FDA following FDA’s notification
                                                  to an investigator of its failure to comply with investiga-
                                                  tion requirements ..............................................................                       4                 1                 4              40               160
                                               § 312.110(b)(4) and (b)(5); Written certifications and writ-
                                                  ten statements submitted to FDA relating to the export
                                                  of an investigational drug .................................................                          11             26.28               289              75            21,675
                                               § 312.120(b); Submissions to FDA of ‘‘supporting informa-
                                                  tion’’ related to the use of foreign clinical studies not
                                                  conducted under an IND ..................................................                       1,414                 8.62          12,189                32          390,048
                                               § 312.120(c); Waiver requests submitted to FDA related to
                                                  the use of foreign clinical studies not conducted under
                                                  an IND ..............................................................................                 35              2.34                82              24             1,968
                                               § 312.130; Requests for disclosable information in an IND
                                                  and for investigations involving an exception from in-
                                                  formed consent under § 50.24 .........................................                                 3                 1                 3                  8             24
                                               §§ 312.310(b) and 312.305(b); Submissions related to ex-
                                                  panded access and treatment of an individual patient ....                                            935              2.77              2,590                 8         20,720
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                                               § 312.310(d); Submissions related to emergency use of an
                                                  investigational new drug ...................................................                         480              2.15              1,032             16            16,512
                                               §§ 312.315(c) and 312.305(b); Submissions related to ex-
                                                  panded access and treatment of an intermediate-size
                                                  patient population .............................................................                     118              2.52               297             120            35,640
                                               § 312.320(b); Submissions related to a treatment IND or
                                                  treatment protocol ............................................................                       10              12.9               129             300            38,700




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                                                                                     Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices                                                                                              50105

                                                                      TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS (CDER) 1—Continued
                                                                                                                                                                         Number of                      Total                     Average
                                                                                                                                              Number of
                                                                               21 CFR section                                                                          responses per                   annual                   burden per              Total hours
                                                                                                                                             respondents                 respondent                  responses                   response

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................    23,125,527
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                             TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR HUMAN DRUGS (CDER) 1
                                                                                                                                                                          Number of                     Total                   Average
                                                                                                                                              Number of
                                                                               21 CFR section                                                                            records per                   annual                  burden per               Total hours
                                                                                                                                            recordkeepers               recordkeeper                   records               recordkeeping

                                               § 312.52(a); Sponsor records for the transfer of obligations
                                                  to a contract research organization .................................                                    1,300                             1                   1,300                             2           2,600
                                               § 312.57; Sponsor recordkeeping showing the receipt,
                                                  shipment, or other disposition of the investigational drug
                                                  and any financial interests ...............................................                            13,000                              1                 13,000                         100          1,300,000
                                               § 312.62(a); Investigator recordkeeping of the disposition
                                                  of drugs ............................................................................                  13,000                              1                13,000                             40         520,000
                                               § 312.62(b); Investigator recordkeeping of case histories of
                                                  individuals .........................................................................                  13,000                             1                  13,000                            40         520,000
                                               § 312.160(a)(3); Records pertaining to the shipment of
                                                  drugs for investigational use in laboratory research ani-
                                                  mals or in vitro tests .........................................................                            547                      1.43                         782                     * 0.50               391
                                               § 312.160(c); Shipper records of alternative disposition of
                                                  unused drugs ....................................................................                          547                        1.43                        782                     * 0.50               391

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................      2,343,382
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  * 30 minutes.

                                                                    TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN FOR HUMAN DRUGS (CDER) 1
                                                                                                                                                                         Number of                     Total                     Average
                                                                                                                                              Number of                  disclosures
                                                                               21 CFR section                                                                                                         annual                    burden per              Total hours
                                                                                                                                             respondents                     per                    disclosures                 disclosure
                                                                                                                                                                         respondent

                                               § 312.53(c); Investigator reports submitted to the sponsor,
                                                  including Form FDA 1572, curriculum vitae, clinical pro-
                                                  tocol, and financial disclosure ..........................................                               1,732                       7.94                    13,752                            80        1,100,160
                                               § 312.55(a); Investigator brochures submitted by the spon-
                                                  sor to each investigator ....................................................                               995                            4                   3,980                           48         191,040
                                               § 312.55(b); Sponsor reports to investigators on new ob-
                                                  servations, especially adverse reactions and safe use ...                                                   995                            4                   3,980                           48         191,040
                                               § 312.64; Investigator reports to the sponsor, including
                                                  progress reports, safety reports, final reports, and finan-
                                                  cial disclosure reports ......................................................                         13,000                             1                  13,000                            24         312,000

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................      1,794,240
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.




                                                                                      TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS (CBER) 1
                                                                                                                                                                         Number of                      Total                     Average
                                                                                                                                              Number of
                                                                               21 CFR section                                                                          responses per                   annual                   burden per              Total hours
                                                                                                                                             respondents                 respondent                  responses                   response

                                               312.2(e) Requests for FDA advice on the applicability of
                                                 part 312 to a planned clinical investigation ......................                                         217                       1.18                        256                         24              6,144
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                                               312.8 Requests to charge for an investigational drug ......                                                    20                       1.50                         30                         48              1,440
                                               312.10 Requests to waive a requirement in part 312 .......                                                      2                          1                          2                         24                 48
                                               312.23(a) through (f) IND content and format .....................                                            335                       1.35                        452                      1,600            723,200
                                               312.30(a) through (e) Protocol amendments ......................                                              694                       5.84                      4,053                        284          1,151,052
                                               312.31(b) Information amendments .....................................                                         77                       2.43                        187                        100             18,700
                                               312.32(c) and (d) IND Safety reports ..................................                                       161                       8.83                      1,422                         32             45,504
                                               312.33(a) through (f) IND Annual reports ............................                                         745                       2.14                      1,594                        360            573,840
                                               312.38(b) and (c) Notifications of withdrawal of an IND .....                                                 134                       1.69                        226                         28              6,328



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                                               50106                                  Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices

                                                                           TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS (CBER) 1—Continued
                                                                                                                                                                          Number of                      Total                     Average
                                                                                                                                               Number of
                                                                                21 CFR section                                                                          responses per                   annual                   burden per              Total hours
                                                                                                                                              respondents                 respondent                  responses                   response

                                               312.42 Sponsor requests that a clinical hold be removed,
                                                 including sponsor submission of a complete response to
                                                 the issues identified in the clinical hold order ..................                                             67                      1.30                          87                       284            24,708
                                               312.44(c) and (d) Sponsor responses to FDA when IND is
                                                 terminated .........................................................................                            34                      1.15                          39                         16              624
                                               312.45(a) and (b) Sponsor requests for or responses to an
                                                 inactive status determination of an IND by FDA .............                                                    55                     1.38                           76                         12              912
                                               312.47 Meetings, including ‘‘End-of-Phase 2’’ meetings
                                                 and ‘‘Pre-NDA’’ meetings .................................................                                      88                     1.75                         154                        160            24,640
                                               312.53(c) Investigator reports submitted to the sponsor, in-
                                                 cluding Form FDA–1572, curriculum vitae, clinical pro-
                                                 tocol, and financial disclosure ..........................................                                    453                       6.33                     2,867                           80         229,360
                                               312.54(a) Sponsor submissions to FDA concerning inves-
                                                 tigations involving an exception from informed consent
                                                 under 21 CFR 50.24 ........................................................                                      1                           1                          1                        48               48
                                               312.54(b) Sponsor notifications to FDA and others con-
                                                 cerning an IRB determination that it cannot approve re-
                                                 search because it does not meet the criteria in the ex-
                                                 ception from informed consent in 50.24(a) ......................                                                  1                          1                          1                        48               48
                                               312.55(a) Number of investigator brochures submitted by
                                                 the sponsor to each investigator ......................................                                      239                        1.91                        456                          48           21,888
                                               312.55(b) Number of sponsor reports to investigators on
                                                 new observations, especially adverse reactions and safe
                                                 use ....................................................................................                     243                        4.95                     1,203                           48           57,744
                                               312.56(b), (c), and (d) Sponsor notifications to FDA and
                                                 others resulting from: (1) The sponsor’s monitoring of all
                                                 clinical investigations and determining that an investi-
                                                 gator is not in compliance with the investigation agree-
                                                 ments; (2) the sponsor’s review and evaluation of the
                                                 evidence relating to the safety and effectiveness of the
                                                 investigational drug; and (3) the sponsor’s determination
                                                 that the investigational drug presents an unreasonable
                                                 and significant risk to subjects .........................................                                    108                       2.21                       239                           80           19,120
                                               312.58(a) Number of sponsor’s submissions of clinical in-
                                                 vestigation records to FDA on request during FDA in-
                                                 spections ..........................................................................                              7                          1                          7                          8              56
                                               312.64 Number of investigator reports to the sponsor, in-
                                                 cluding progress reports, safety reports, final reports,
                                                 and financial disclosure reports .......................................                                   2,728                        3.82                   10,421                            24         250,104
                                               312.70 During the disqualification process of a clinical in-
                                                 vestigator by FDA, the number of investigator responses
                                                 or requests to FDA following FDA’s notification to an in-
                                                 vestigator of its failure to comply with investigation re-
                                                 quirements ........................................................................                               5                          1                          5                        40              200
                                               312.110(b)(4) and (b)(5) Number of written certifications
                                                 and written statements submitted to FDA relating to the
                                                 export of an investigational drug ......................................                                        18                          1                         18                         75            1,350
                                               312.120(b) Number of submissions to FDA of ‘‘supporting
                                                 information’’ related to the use of foreign clinical studies
                                                 not conducted under an IND ............................................                                       280                       9.82                     2,750                           32           88,000
                                               312.120(c) Number of waiver requests submitted to FDA
                                                 related to the use of foreign clinical studies not con-
                                                 ducted under an IND ........................................................                                      7                    2.29                           16                         24              384
                                               312.130 Number of requests for disclosable information
                                                 in an IND and for investigations involving an exception
                                                 from informed consent under § 50.24 ..............................                                            350                      1.34                         469                            8           3,752
                                               312.310(b) and 312.305(b) Number of submissions related
                                                 to expanded access and treatment of an individual pa-
                                                 tient ...................................................................................                       78                     1.08                           84                          8              672
                                               312.310(d) Number of submissions related to emergency
                                                 use of an investigational new drug ..................................                                           76                      2.76                        210                          16            3,360
                                               312.315(c) and 312.305(b) Number of submissions related
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                                                 to expanded access and treatment of an intermediate-
                                                 size patient population .....................................................                                    9                           1                         9                       120             1,080
                                               312.320(b) Number of submissions related to a treatment
                                                 IND or treatment protocol .................................................                                       1                          1                          1                      300               300

                                                     Total ..............................................................................    ........................   ........................   ........................   ........................      3,254,606
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.



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                                                                                     Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices                                                                                              50107

                                                                                 TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN FOR BIOLOGICS (CBER) 1
                                                                                                                                                                          Number of                     Total                   Average
                                                                                                                                              Number of
                                                                               21 CFR section                                                                            records per                   annual                  burden per               Total hours
                                                                                                                                            recordkeepers               recordkeeper                   records               recordkeeping

                                               312.52(a) Sponsor records for the transfer of obligations
                                                 to a contract research organization .................................                                          75                      1.40                        105                           2              210
                                               312.57 Sponsor recordkeeping showing the receipt, ship-
                                                 ment, or other disposition of the investigational drug,
                                                 and any financial interests ...............................................                                 335                        2.70                        904                        100            90,400
                                               312.62(a) Investigator recordkeeping of the disposition of
                                                 drugs .................................................................................                      453                           1                       453                          40           18,120
                                               312.62(b) Investigator recordkeeping of case histories of
                                                 individuals .........................................................................                       453                             1                      453                          40           18,120
                                               312.160(a)(3) Records pertaining to the shipment of drugs
                                                 for investigational use in laboratory research animals or
                                                 in vitro tests ......................................................................                        111                       1.40                       155                        * 0.5               78
                                               312.160(c) Shipper records of alternative disposition of un-
                                                 used drugs ........................................................................                          111                      1.40                         155                       * 0.5               78

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................       127,006
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  * 30 minutes.


                                                 Because we have received an                                              that have issued previously, and                                            that if you include your name, contact
                                               increased number of IND submissions                                        provide any other comments that could                                       information, or other information that
                                               since the last OMB approval of the                                         benefit the CDRH guidance program and                                       identifies you in the body of your
                                               information collection, we have                                            its engagement with stakeholders. This                                      comments, that information will be
                                               increased our estimate of the associated                                   feedback is critical to the CDRH                                            posted on https://www.regulations.gov.
                                               burden accordingly.                                                        guidance program to ensure that we                                            • If you want to submit a comment
                                                 Dated: September 28, 2018.                                               meet stakeholder needs.                                                     with confidential information that you
                                                                                                                          DATES: Submit either electronic or                                          do not wish to be made available to the
                                               Leslie Kux,
                                                                                                                          written comments by December 3, 2018.                                       public, submit the comment as a
                                               Associate Commissioner for Policy.
                                                                                                                                                                                                      written/paper submission and in the
                                               [FR Doc. 2018–21610 Filed 10–3–18; 8:45 am]                                ADDRESSES: You may submit comments
                                                                                                                                                                                                      manner detailed (see ‘‘Written/Paper
                                                                                                                          as follows. Please note that late,
                                               BILLING CODE 4164–01–P                                                                                                                                 Submissions’’ and ‘‘Instructions’’).
                                                                                                                          untimely filed comments will not be
                                                                                                                          considered. Electronic comments must                                        Written/Paper Submissions
                                               DEPARTMENT OF HEALTH AND                                                   be submitted on or before December 3,                                         Submit written/paper submissions as
                                               HUMAN SERVICES                                                             2018. The https://www.regulations.gov                                       follows:
                                                                                                                          electronic filing system will accept                                          • Mail/Hand Delivery/Courier (for
                                               Food and Drug Administration                                               comments until 11:59 p.m. Eastern Time                                      written/paper submissions): Dockets
                                                                                                                          at the end of December 3, 2018.                                             Management Staff (HFA–305), Food and
                                               [Docket No. FDA–2012–N–1021]                                               Comments received by mail/hand                                              Drug Administration, 5630 Fishers
                                               Notice to Public of Website Location of                                    delivery/courier (for written/paper                                         Lane, Rm. 1061, Rockville, MD 20852.
                                               Center for Devices and Radiological                                        submissions) will be considered timely                                        • For written/paper comments
                                               Health Fiscal Year 2019 Proposed                                           if they are postmarked or the delivery                                      submitted to the Dockets Management
                                               Guidance Development                                                       service acceptance receipt is on or                                         Staff, FDA will post your comment, as
                                                                                                                          before that date.                                                           well as any attachments, except for
                                               AGENCY:        Food and Drug Administration,                                                                                                           information submitted, marked and
                                                                                                                          Electronic Submissions
                                               HHS.                                                                                                                                                   identified, as confidential, if submitted
                                               ACTION:      Notice.                                                         Submit electronic comments in the                                         as detailed in ‘‘Instructions.’’
                                                                                                                          following way:                                                                Instructions: All submissions received
                                               SUMMARY:   The Food and Drug                                                 • Federal eRulemaking Portal:                                             must include the Docket No. FDA–
                                               Administration (FDA or the Agency) is                                      https://www.regulations.gov. Follow the                                     2012–N–1021 for ‘‘Notice to Public of
                                               announcing the website location where                                      instructions for submitting comments.                                       website Location of CDRH Fiscal Year
                                               the Agency will post two lists of                                          Comments submitted electronically,                                          2019 Proposed Guidance Development.’’
                                               guidance documents that the Center for                                     including attachments, to https://                                          Received comments, those filed in a
                                               Devices and Radiological Health (CDRH                                      www.regulations.gov will be posted to                                       timely manner (see ADDRESSES), will be
                                               or the Center) intends to publish in                                       the docket unchanged. Because your                                          placed in the docket and, except for
                                               fiscal year (FY) 2019. In addition, FDA                                    comment will be made public, you are                                        those submitted as ‘‘Confidential
                                               has established a docket where                                             solely responsible for ensuring that your                                   Submissions,’’ publicly viewable at
daltland on DSKBBV9HB2PROD with NOTICES




                                               interested persons may comment on the                                      comment does not include any                                                https://www.regulations.gov or at the
                                               priority of topics for guidance, provide                                   confidential information that you or a                                      Dockets Management Staff between 9
                                               comments and/or propose draft                                              third party may not wish to be posted,                                      a.m. and 4 p.m., Monday through
                                               language for those topics, suggest topics                                  such as medical information, your or                                        Friday.
                                               for new or different guidance                                              anyone else’s Social Security number, or                                      • Confidential Submissions—To
                                               documents, comment on the                                                  confidential business information, such                                     submit a comment with confidential
                                               applicability of guidance documents                                        as a manufacturing process. Please note                                     information that you do not wish to be


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Document Created: 2018-10-04 02:02:47
Document Modified: 2018-10-04 02:02:47
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 December 3, 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 50102 

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