83_FR_5812 83 FR 5784 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Postmarketing Safety Reports for Human Drug and Biological Products: Electronic Submission Requirements

83 FR 5784 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Postmarketing Safety Reports for Human Drug and Biological Products: Electronic Submission Requirements

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 28 (February 9, 2018)

Page Range5784-5785
FR Document2018-02589

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 83 Issue 28 (Friday, February 9, 2018)
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5784-5785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02589]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0334]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Postmarketing Safety 
Reports for Human Drug and Biological Products: Electronic Submission 
Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March 
12, 2018.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0770. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Postmarketing Safety Reports for Human Drug and Biological Products: 
Waivers From Electronic Submission Requirements

OMB Control Number 0910-0770--Extension

    This information collection supports information collection found 
in FDA regulations. In the Federal Register of June 10, 2014 (79 FR 
33072), FDA published a final rule entitled ``Postmarketing Safety 
Reports for Human Drug and Biological Products: Electronic Submission 
Requirements.'' The final rule amended FDA's postmarketing safety 
reporting regulations for human drug and biological products under 21 
CFR parts 310, 314, and 600 and added part 329 to require that persons 
subject to mandatory reporting requirements submit safety reports in an 
electronic format that FDA can process, review, and archive. 
Specifically, this includes:
     Manufacturers; packers; distributors; applicants with 
approved new drug applications, abbreviated new drug applications, and 
biologics licensing applications (BLAs); and those that market 
prescription drugs for human use without an approved application must 
submit postmarketing safety reports to the Agency (Sec. Sec.  310.305, 
314.80, 314.98, and 600.80);
     manufacturers, packers, or distributors whose name appears 
on the label of nonprescription human drug products marketed without an 
approved application must report serious adverse events associated with 
their products (section 760 of the Federal Food, Drug, and Cosmetic Act 
(FD&C Act) (21 U.S.C. 379aa)); and
     applicants with approved BLAs must submit biological lot 
distribution reports to the Agency (Sec.  600.81).
    Under Sec. Sec.  310.305(e)(2), 314.80(g)(2), 329.100(c)(2), 
600.80(h)(2), and 600.81(b)(2), of the regulations, those who are 
subject to these postmarketing safety reporting requirements may 
request a waiver from the electronic format requirement. While FDA 
currently has OMB approval for the collection of postmarketing safety 
reports,\1\ this information collection supports respondents seeking 
waivers from submitting those reports in electronic format as required 
by the regulations.
---------------------------------------------------------------------------

    \1\ FDA currently has OMB approval for submission of 
postmarketing safety reports under parts 310, 314, and 600. The 
information collection for parts 310 and 314 is approved under OMB 
Control Numbers 0910-0291 and 0910-0230. The information collection 
for part 600 is approved under OMB Control Numbers 0910-0291 and 
0910-0308. Submissions required by section 760 of the FD&C Act have 
been approved under OMB Control Number 0910-0636.
---------------------------------------------------------------------------

    In the Federal Register of October 30, 2017 (82 FR 50141), we 
published a 60-day notice requesting public comment on the proposed 
extension of this collection of information. No comments were received 
in response to the notice.
    We therefore estimate the burden of this collection of information 
as follows:

[[Page 5785]]



                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR section              Number of     responses per   Total annual     burden per     Total  hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
310.305(e)(2)...................               1               1               1               1               1
314.80(g)(2)....................               5               1               5               1               5
329.100(c)(2)...................               1               1               1               1               1
600.80(h)(2)....................               5               1               5               1               5
600.81(b)(2)....................               1               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............              13
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with this collection of information.

    In table 1, we estimate the burden associated with the submission 
of waiver requests for postmarketing safety reports in electronic 
format under Sec. Sec.  310.305(e)(2), 314.80(g)(2), 329.100(c)(2), 
600.80(h)(2), and 600.81(b)(2). We expect few waiver requests. We 
estimate only one manufacturer will request a waiver annually under 
Sec. Sec.  310.305(e)(2), 329.100(c)(2), and 600.81(b)(2), and 
approximately five manufacturers will request waivers annually under 
Sec. Sec.  314.80(g)(2) and 600.80(h)(2). We estimate that each waiver 
request takes 1 hour to prepare and submit. The burden for this 
information collection has not increased since the last collection.

    Dated: February 5, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-02589 Filed 2-8-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                5784                            Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices

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

                                                10.75, Request for review of a scientific dispute ................            1                   4                4                10              40
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  In the next 3 years, CVM anticipates                   DATES:  Fax written comments on the                   to require that persons subject to
                                                receiving one or fewer requests for                      collection of information by March 12,                mandatory reporting requirements
                                                review of a scientific dispute per year,                 2018.                                                 submit safety reports in an electronic
                                                on average. We base our estimate on                      ADDRESSES: To ensure that comments on                 format that FDA can process, review,
                                                CVM’s experience over the past 6 years                   the information collection are received,              and archive. Specifically, this includes:
                                                in handling formal appeals for scientific                OMB recommends that written                              • Manufacturers; packers;
                                                disputes. The burden of this collection                  comments be faxed to the Office of                    distributors; applicants with approved
                                                has changed. The number of                               Information and Regulatory Affairs,                   new drug applications, abbreviated new
                                                respondents decreased from two to one                    OMB, Attn: FDA Desk Officer, Fax: 202–                drug applications, and biologics
                                                annually, the number of responses per                    395–7285, or emailed to oira_                         licensing applications (BLAs); and those
                                                respondent remained at four annually,                    submission@omb.eop.gov. All                           that market prescription drugs for
                                                the hours per response remained at 10                    comments should be identified with the                human use without an approved
                                                annually, and the total number of hours                  OMB control number 0910–0770. Also                    application must submit postmarketing
                                                decreased from 80 to 40. This decrease                   include the FDA docket number found                   safety reports to the Agency (§§ 310.305,
                                                in the total hours is the result of a                    in brackets in the heading of this                    314.80, 314.98, and 600.80);
                                                natural fluctuation in the number of                     document.                                                • manufacturers, packers, or
                                                respondents taking advantage of this                                                                           distributors whose name appears on the
                                                dispute resolution process.                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               label of nonprescription human drug
                                                                                                         Domini Bean, Office of Operations,
                                                  Dated: February 5, 2018.                                                                                     products marketed without an approved
                                                                                                         Food and Drug Administration, Three
                                                Leslie Kux,                                                                                                    application must report serious adverse
                                                                                                         White Flint North, 10A–12M, 11601
                                                Associate Commissioner for Policy.                                                                             events associated with their products
                                                                                                         Landsdown St., North Bethesda, MD
                                                [FR Doc. 2018–02593 Filed 2–8–18; 8:45 am]                                                                     (section 760 of the Federal Food, Drug,
                                                                                                         20852, 301–796–5733, PRAStaff@
                                                                                                                                                               and Cosmetic Act (FD&C Act) (21 U.S.C.
                                                BILLING CODE 4164–01–P                                   fda.hhs.gov.
                                                                                                                                                               379aa)); and
                                                                                                         SUPPLEMENTARY INFORMATION:    In                         • applicants with approved BLAs
                                                DEPARTMENT OF HEALTH AND                                 compliance with 44 U.S.C. 3507, FDA                   must submit biological lot distribution
                                                HUMAN SERVICES                                           has submitted the following proposed                  reports to the Agency (§ 600.81).
                                                                                                         collection of information to OMB for                     Under §§ 310.305(e)(2), 314.80(g)(2),
                                                Food and Drug Administration                             review and clearance.                                 329.100(c)(2), 600.80(h)(2), and
                                                [Docket No. FDA–2008–N–0334]                             Postmarketing Safety Reports for                      600.81(b)(2), of the regulations, those
                                                                                                         Human Drug and Biological Products:                   who are subject to these postmarketing
                                                Agency Information Collection                            Waivers From Electronic Submission                    safety reporting requirements may
                                                Activities; Submission for Office of                     Requirements                                          request a waiver from the electronic
                                                Management and Budget Review;                                                                                  format requirement. While FDA
                                                Comment Request; Postmarketing                           OMB Control Number 0910–0770—                         currently has OMB approval for the
                                                Safety Reports for Human Drug and                        Extension                                             collection of postmarketing safety
                                                Biological Products: Electronic                             This information collection supports               reports,1 this information collection
                                                Submission Requirements                                  information collection found in FDA                   supports respondents seeking waivers
                                                AGENCY:      Food and Drug Administration,               regulations. In the Federal Register of               from submitting those reports in
                                                HHS.                                                     June 10, 2014 (79 FR 33072), FDA                      electronic format as required by the
                                                                                                         published a final rule entitled                       regulations.
                                                ACTION:   Notice.
                                                                                                         ‘‘Postmarketing Safety Reports for                       In the Federal Register of October 30,
                                                SUMMARY:   The Food and Drug                             Human Drug and Biological Products:                   2017 (82 FR 50141), we published a 60-
                                                Administration (FDA) is announcing                       Electronic Submission Requirements.’’                 day notice requesting public comment
                                                that a proposed collection of                            The final rule amended FDA’s                          on the proposed extension of this
                                                information has been submitted to the                    postmarketing safety reporting                        collection of information. No comments
                                                Office of Management and Budget                          regulations for human drug and                        were received in response to the notice.
                                                (OMB) for review and clearance under                     biological products under 21 CFR parts                   We therefore estimate the burden of
                                                the Paperwork Reduction Act of 1995.                     310, 314, and 600 and added part 329                  this collection of information as follows:
sradovich on DSK3GMQ082PROD with NOTICES




                                                  1 FDA currently has OMB approval for                   Control Numbers 0910–0291 and 0910–0230. The          FD&C Act have been approved under OMB Control
                                                submission of postmarketing safety reports under         information collection for part 600 is approved       Number 0910–0636.
                                                parts 310, 314, and 600. The information collection      under OMB Control Numbers 0910–0291 and 0910–
                                                for parts 310 and 314 is approved under OMB              0308. Submissions required by section 760 of the



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                                                                                         Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices                                                                                            5785

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

                                                310.305(e)(2) .......................................................................                             1                           1                          1                          1            1
                                                314.80(g)(2) .........................................................................                            5                           1                          5                          1            5
                                                329.100(c)(2) ........................................................................                            1                           1                          1                          1            1
                                                600.80(h)(2) .........................................................................                            5                           1                          5                          1            5
                                                600.81(b)(2) .........................................................................                            1                           1                          1                          1            1

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


                                                  In table 1, we estimate the burden                                       Recommendations for Specific                                                   • Mail/Hand delivery/Courier (for
                                                associated with the submission of                                          Products’’ that explained the process                                       written/paper submissions): Dockets
                                                waiver requests for postmarketing safety                                   that would be used to make product-                                         Management Staff (HFA–305), Food and
                                                reports in electronic format under                                         specific guidances available to the                                         Drug Administration, 5630 Fishers
                                                §§ 310.305(e)(2), 314.80(g)(2),                                            public on FDA’s website. The guidances                                      Lane, Rm. 1061, Rockville, MD 20852.
                                                329.100(c)(2), 600.80(h)(2), and                                           identified in this notice were developed                                       • For written/paper comments
                                                600.81(b)(2). We expect few waiver                                         using the process described in that                                         submitted to the Dockets Management
                                                requests. We estimate only one                                             guidance.                                                                   Staff, FDA will post your comment, as
                                                manufacturer will request a waiver                                                                                                                     well as any attachments, except for
                                                annually under §§ 310.305(e)(2),                                           DATES:  Submit either electronic or                                         information submitted, marked and
                                                329.100(c)(2), and 600.81(b)(2), and                                       written comments on the draft guidance                                      identified, as confidential, if submitted
                                                approximately five manufacturers will                                      by April 10, 2018 to ensure that the                                        as detailed in ‘‘Instructions.’’
                                                request waivers annually under                                             Agency considers your comment on this                                          Instructions: All submissions received
                                                §§ 314.80(g)(2) and 600.80(h)(2). We                                       draft guidance before it begins work on                                     must include the Docket No. FDA–
                                                estimate that each waiver request takes                                    the final version of the guidance.                                          2007–D–0369 for ‘‘Product-Specific
                                                1 hour to prepare and submit. The                                          ADDRESSES: You may submit comments                                          Guidances; Draft and Revised Draft
                                                burden for this information collection                                     on any guidance at any time as follows:                                     Guidances for Industry.’’ Received
                                                has not increased since the last                                                                                                                       comments will be placed in the docket
                                                                                                                           Electronic Submissions                                                      and, except for those submitted as
                                                collection.
                                                                                                                             Submit electronic comments in the                                         ‘‘Confidential Submissions,’’ publicly
                                                  Dated: February 5, 2018.                                                                                                                             viewable at https://www.regulations.gov
                                                Leslie Kux,
                                                                                                                           following way:
                                                                                                                                                                                                       or at the Dockets Management Staff
                                                Associate Commissioner for Policy.                                           • Federal eRulemaking Portal:
                                                                                                                                                                                                       between 9 a.m. and 4 p.m., Monday
                                                                                                                           https://www.regulations.gov. Follow the
                                                [FR Doc. 2018–02589 Filed 2–8–18; 8:45 am]                                                                                                             through Friday.
                                                                                                                           instructions for submitting comments.                                          • Confidential Submissions—To
                                                BILLING CODE 4164–01–P
                                                                                                                           Comments submitted electronically,                                          submit a comment with confidential
                                                                                                                           including attachments, to https://                                          information that you do not wish to be
                                                DEPARTMENT OF HEALTH AND                                                   www.regulations.gov will be posted to                                       made publicly available, submit your
                                                HUMAN SERVICES                                                             the docket unchanged. Because your                                          comments only as a written/paper
                                                                                                                           comment will be made public, you are                                        submission. You should submit two
                                                Food and Drug Administration                                               solely responsible for ensuring that your                                   copies total. One copy will include the
                                                                                                                           comment does not include any                                                information you claim to be confidential
                                                [Docket No. FDA–2007–D–0369]                                               confidential information that you or a                                      with a heading or cover note that states
                                                                                                                           third party may not wish to be posted,                                      ‘‘THIS DOCUMENT CONTAINS
                                                Product-Specific Guidances; Draft and                                      such as medical information, your or
                                                Revised Draft Guidances for Industry;                                                                                                                  CONFIDENTIAL INFORMATION.’’ The
                                                                                                                           anyone else’s Social Security number, or                                    Agency will review this copy, including
                                                Availability                                                               confidential business information, such                                     the claimed confidential information, in
                                                AGENCY:       Food and Drug Administration,                                as a manufacturing process. Please note                                     its consideration of comments. The
                                                HHS.                                                                       that if you include your name, contact                                      second copy, which will have the
                                                                                                                           information, or other information that                                      claimed confidential information
                                                ACTION:      Notice of availability.
                                                                                                                           identifies you in the body of your                                          redacted/blacked out, will be available
                                                SUMMARY:   The Food and Drug                                               comments, that information will be                                          for public viewing and posted on
                                                Administration (FDA or Agency) is                                          posted on https://www.regulations.gov.                                      https://www.regulations.gov. Submit
                                                announcing the availability of                                               • If you want to submit a comment                                         both copies to the Dockets Management
                                                additional draft and revised draft                                         with confidential information that you                                      Staff. If you do not wish your name and
                                                product-specific guidances. The                                            do not wish to be made available to the                                     contact information to be made publicly
                                                guidances provide product-specific                                         public, submit the comment as a                                             available, you can provide this
sradovich on DSK3GMQ082PROD with NOTICES




                                                recommendations on, among other                                            written/paper submission and in the                                         information on the cover sheet and not
                                                things, the design of bioequivalence                                       manner detailed (see ‘‘Written/Paper                                        in the body of your comments and you
                                                (BE) studies to support abbreviated new                                    Submissions’’ and ‘‘Instructions’’).                                        must identify this information as
                                                drug applications (ANDAs). In the                                                                                                                      ‘‘confidential.’’ Any information marked
                                                                                                                           Written/Paper Submissions
                                                Federal Register of June 11, 2010, FDA                                                                                                                 as ‘‘confidential’’ will not be disclosed
                                                announced the availability of a guidance                                     Submit written/paper submissions as                                       except in accordance with 21 CFR 10.20
                                                for industry entitled ‘‘Bioequivalence                                     follows:                                                                    and other applicable disclosure law. For


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Document Created: 2018-02-09 00:11:47
Document Modified: 2018-02-09 00:11:47
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.
DatesFax written comments on the collection of information by March 12, 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 5784 

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