83_FR_7771 83 FR 7735 - Agency Information Collection Activities; Proposed Collection; Comment Request; New Animal Drugs for Investigational Use

83 FR 7735 - Agency Information Collection Activities; Proposed Collection; Comment Request; New Animal Drugs for Investigational Use

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7735-7738
FR Document2018-03609

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 the reporting and recordkeeping requirements of our regulations concerning new animal drugs for investigational use.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7735-7738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03609]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0341]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; New Animal Drugs for Investigational Use

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 the reporting and 
recordkeeping requirements of our regulations concerning new animal 
drugs for investigational use.

DATES: Submit either electronic or written comments on the collection 
of information by April 23, 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 April 23, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of April 23, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

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

[[Page 7736]]

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-0341 for ``New Animal Drugs for Investigational Use.'' 
Received comments, those filed in a timely manner (see ADDRESSES), will 
be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

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

New Animal Drugs for Investigational Use--21 CFR Part 511

OMB Control Number 0910-0117--Extension

    FDA has the authority under the Federal Food, Drug, and Cosmetic 
Act (FD&C Act) to approve new animal drugs. A new animal drug 
application (NADA) cannot be approved until, among other things, the 
new animal drug has been demonstrated to be safe and effective for its 
intended use(s). In order to properly test a new animal drug for an 
intended use, appropriate scientific investigations must be conducted. 
Under specific circumstances, section 512(j) of the FD&C Act (21 U.S.C. 
360b(j)) permits the use of an investigational new animal drug to 
generate data to support an NADA approval. Section 512(j) of the FD&C 
Act authorizes us to issue regulations relating to the investigational 
use of new animal drugs.
    Our regulations in part 511 (21 CFR part 511) set forth the 
conditions for investigational use of new animal drugs and require 
reporting and recordkeeping. The information collected is necessary to 
protect the public health. We use the information to determine that 
investigational animal drugs are distributed only to qualified 
investigators, adequate drug accountability records are maintained, and 
edible food products from treated food-producing animals are safe for 
human consumption. We also use the information collected to monitor the 
validity of the studies submitted to us to support new animal drug 
approval.
    Reporting: Our regulations require that certain information be 
submitted to us in a ``Notice of Claimed Investigational Exemption for 
a New Animal Drug'' (NCIE) to qualify for the exemption and to control 
shipment of the new animal drug and prevent potential abuse. The NCIE 
must contain, among other things, the following specific information: 
(1) Identity of the new animal drug, (2) labeling, (3) statement of 
compliance of any non-clinical laboratory studies with good laboratory 
practices, (4) name and address of each clinical investigator, (5) the 
approximate number of animals to be treated or amount of new animal 
drug(s) to be shipped, and (6) information regarding the use of edible 
tissues from investigational animals (Sec.  511.1(b)(4) (21 CFR 
511.1(b)(4)). If the new animal drug is to be used in food-producing 
animals, e.g., cattle, swine, chickens, fish, etc., certain data must 
be submitted to us to obtain authorization for the use of edible food 
products from treated food-producing animals (Sec.  511.1(b)(5)). We 
require sponsors upon request to submit information with respect to the 
investigation to determine whether there are grounds for terminating 
the exemption (Sec.  511.1(b)(6)). We require sponsors to report 
findings that may suggest significant hazards pertinent to the safety 
of the new animal drug (Sec.  511.1(b)(8)(ii)). We also require

[[Page 7737]]

reporting by importers of investigational new animal drugs for clinical 
investigational use in animals (Sec.  511.1(b)(9)). The information 
provided by the sponsor in the NCIE is needed to ensure that the 
proposed investigational use of the new animal drug is safe and that 
any edible food will not be distributed without proper authorization 
from FDA. Information contained in an NCIE submission is monitored 
under our Bio-Research Monitoring Program. This program permits us to 
monitor the validity of the studies and to ensure the proper use of the 
drugs is maintained by the investigators.
    Recordkeeping: If the new animal drug is only for tests in vitro or 
in laboratory research animals, the person distributing the new animal 
drug must maintain records showing the name and post office address of 
the expert or expert organization to whom it is shipped and the date, 
quantity, and batch or code mark of each shipment and delivery for a 
period of 2 years after such shipment or delivery (Sec.  511.1(a)(3) 
and (b)(3)). We require complete records of the investigation, 
including records of the receipt and disposition of each shipment or 
delivery of the investigational new animal drug (Sec.  511.1(b)(7)). We 
also require records of all reports received by a sponsor from 
investigators to be retained for 2 years after the termination of an 
investigational exemption or approval of a new animal drug application 
(Sec.  511.1(b)(8)(i)).
    Description of Respondents: Respondents to this collection of 
information are persons who use new animal drugs for investigational 
purposes. Investigational new animal drugs are used primarily by drug 
industry firms, academic institutions, and the government. 
Investigators may include individuals from these entities, as well as 
research firms and members of the medical professions.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     21 CFR Section/activity         Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
511.1(b)(4); submission of NCIE.             104           15.38           1,600               1           1,600
511.1(b)(5); submission of data              104            0.30              31               8             248
 to obtain authorization for the
 use of edible food products....
511.1(b)(6); submission of any               104            0.02               2               1               2
 additional information upon
 request of FDA.................
511.1(b)(8)(ii); reporting of                104            0.14              15               2              30
 findings that may suggest
 significant hazards pertinent
 to the safety of the new animal
 drug...........................
511.1(b)(9); reporting by                    104            0.14              15               8             120
 importers of investigational
 new animal drugs for clinical
 investigational use in animals.
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............           1,663  ..............           2,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
     21 CFR Section/activity         Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
511.1(a)(3); maintain records                104             2.5             260               1             260
 showing the name and post
 office address of the expert or
 expert organization to whom the
 new animal drug is shipped and
 the date, quantity, and batch
 or code mark of each shipment
 and delivery for a period of 2
 years after such shipment or
 delivery.......................
511.1(b)(3); maintain records                104           15.38           1,600               1           1,600
 showing the name and post
 office address of the expert or
 expert organization to whom the
 new animal drug or feed
 containing same is shipped and
 the date, quantity, and batch
 or code mark of each shipment
 and delivery for a period of 2
 years after such shipment or
 delivery.......................
511.1(b)(7); maintain records of             104           15.38           1,600             3.5           5,600
 the investigation, including
 records of the receipt and
 disposition of each shipment or
 delivery of the investigational
 new animal drug................
511.1(b)(8)(i); maintain records             104           15.38           1,600             3.5           5,600
 of all reports received by a
 sponsor from investigators.....
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............           5,060  ..............          13,060
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The estimate of the time required for reporting requirements, 
record preparation, and maintenance for this collection of information 
is based on our informal communication with industry. Based on the 
number of sponsors subject to animal drug user fees, we estimate that 
there are 104 respondents. We use this estimate consistently throughout 
the table and calculate the ``number of responses per respondent'' by 
dividing the total annual responses by number of respondents. 
Additional information needed to make a final calculation of the total 
burden hours

[[Page 7738]]

(i.e., the number of respondents, the number of recordkeepers, the 
number of NCIEs received, etc.) is derived from our records. The burden 
for this information collection has changed since the last OMB 
approval. We estimate an overall increase in burden that we attribute 
to an increase in the number of annual responses and records.

    Dated: February 15, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03609 Filed 2-21-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                           7735

                                               actual amount of extension that the                     202207 was approved on March 13,                      announcing an opportunity for public
                                               Director of USPTO may award (for                        2013.                                                 comment on the proposed collection of
                                               example, half the testing phase must be                   This determination of the regulatory                certain information by the Agency.
                                               subtracted as well as any time that may                 review period establishes the maximum                 Under the Paperwork Reduction Act of
                                               have occurred before the patent was                     potential length of a patent extension.               1995 (PRA), Federal Agencies are
                                               issued), FDA’s determination of the                     However, the USPTO applies several                    required to publish notice in the
                                               length of a regulatory review period for                statutory limitations in its calculations             Federal Register concerning each
                                               a human drug product will include all                   of the actual period for patent extension.            proposed collection of information,
                                               of the testing phase and approval phase                 In its application for patent extension,              including each proposed extension of an
                                               as specified in 35 U.S.C. 156(g)(1)(B).                 this applicant seeks 1,826 days of patent             existing collection of information, and
                                                  FDA has approved for marketing the                   term extension.                                       to allow 60 days for public comment in
                                               human drug product LYMPHOSEEK                                                                                 response to the notice. This notice
                                                                                                       III. Petitions
                                               (technetium (Tc 99m) tilmanocept).                                                                            solicits comments on the reporting and
                                               LYMPHOSEEK is indicated for                                Anyone with knowledge that any of
                                                                                                                                                             recordkeeping requirements of our
                                               lymphatic mapping with a hand-held                      the dates as published are incorrect may
                                                                                                                                                             regulations concerning new animal
                                               gamma counter to assist in the                          submit either electronic or written
                                                                                                       comments and under 21 CFR 60.24, ask                  drugs for investigational use.
                                               localization of lymph nodes draining a
                                               primary tumor site in patients with                     for a redetermination (see DATES).                    DATES: Submit either electronic or
                                               breast cancer or melanoma. Subsequent                   Furthermore, as specified in § 60.30 (21              written comments on the collection of
                                               to this approval, the USPTO received a                  CFR 60.30), any interested person may                 information by April 23, 2018.
                                               patent term restoration application for                 petition FDA for a determination
                                                                                                       regarding whether the applicant for                   ADDRESSES:   You may submit comments
                                               LYMPHOSEEK (U.S. Patent No.
                                                                                                       extension acted with due diligence                    as follows. Please note that late,
                                               6,409,990) from Navidea
                                                                                                       during the regulatory review period. To               untimely filed comments will not be
                                               Biopharmaceuticals, Inc., and the
                                                                                                       meet its burden, the petition must                    considered. Electronic comments must
                                               USPTO requested FDA’s assistance in
                                               determining this patent’s eligibility for               comply with all the requirements of                   be submitted on or before April 23,
                                               patent term restoration. In a letter dated              § 60.30, including but not limited to:                2018. The https://www.regulations.gov
                                               November 4, 2015, FDA advised the                       must be timely (see DATES), must be                   electronic filing system will accept
                                               USPTO that this human drug product                      filed in accordance with § 10.20, must                comments until midnight Eastern Time
                                               had undergone a regulatory review                       contain sufficient facts to merit an FDA              at the end of April 23, 2018. Comments
                                               period and that the approval of                         investigation, and must certify that a                received by mail/hand delivery/courier
                                               LYMPHOSEEK represented the first                        true and complete copy of the petition                (for written/paper submissions) will be
                                               permitted commercial marketing or use                   has been served upon the patent                       considered timely if they are
                                               of the product. Thereafter, the USPTO                   applicant. (See H. Rept. 857, part 1, 98th            postmarked or the delivery service
                                               requested that FDA determine the                        Cong., 2d sess., pp. 41–42, 1984.)                    acceptance receipt is on or before that
                                               product’s regulatory review period.                     Petitions should be in the format                     date.
                                                                                                       specified in 21 CFR 10.30.                            Electronic Submissions
                                               II. Determination of Regulatory Review                     Submit petitions electronically to
                                               Period                                                  https://www.regulations.gov at Docket                   Submit electronic comments in the
                                                  FDA has determined that the                          No. FDA–2013–S–0610. Submit written                   following way:
                                               applicable regulatory review period for                 petitions (two copies are required) to the              • Federal eRulemaking Portal:
                                               LYMPHOSEEK is 4,398 days. Of this                       Dockets Management Staff (HFA–305),                   https://www.regulations.gov. Follow the
                                               time, 3,816 days occurred during the                    Food and Drug Administration, 5630                    instructions for submitting comments.
                                               testing phase of the regulatory review                  Fishers Lane, Rm. 1061, Rockville, MD                 Comments submitted electronically,
                                               period, while 582 days occurred during                  20852.                                                including attachments, to https://
                                               the approval phase. These periods of                      Dated: February 15, 2018.                           www.regulations.gov will be posted to
                                               time were derived from the following                    Leslie Kux,                                           the docket unchanged. Because your
                                               dates:                                                                                                        comment will be made public, you are
                                                                                                       Associate Commissioner for Policy.
                                                  1. The date an exemption under
                                                                                                       [FR Doc. 2018–03610 Filed 2–21–18; 8:45 am]           solely responsible for ensuring that your
                                               section 505(i) of the Federal Food, Drug,
                                                                                                                                                             comment does not include any
                                               and Cosmetic Act (the FD&C Act) (21                     BILLING CODE 4164–01–P
                                                                                                                                                             confidential information that you or a
                                               U.S.C. 355(i)) became effective:
                                                                                                                                                             third party may not wish to be posted,
                                               February 28, 2001. FDA has verified the
                                                                                                       DEPARTMENT OF HEALTH AND                              such as medical information, your or
                                               applicant’s claim that the date the
                                                                                                       HUMAN SERVICES                                        anyone else’s Social Security number, or
                                               investigational new drug application
                                                                                                                                                             confidential business information, such
                                               became effective was on February 28,                    Food and Drug Administration                          as a manufacturing process. Please note
                                               2001.
                                                  2. The date the application was                      [Docket No. FDA–2018–N–0341]                          that if you include your name, contact
                                               initially submitted with respect to the                                                                       information, or other information that
                                               human drug product under section                        Agency Information Collection                         identifies you in the body of your
                                               505(b) of the FD&C Act: August 10,                      Activities; Proposed Collection;                      comments, that information will be
                                               2011. FDA has verified the applicant’s                  Comment Request; New Animal Drugs                     posted on https://www.regulations.gov.
daltland on DSKBBV9HB2PROD with NOTICES




                                               claim that the new drug application                     for Investigational Use                                 • If you want to submit a comment
                                               (NDA) for LYMPHOSEEK (NDA 202207)                       AGENCY:    Food and Drug Administration,              with confidential information that you
                                               was initially submitted on August 10,                   HHS.                                                  do not wish to be made available to the
                                               2011.                                                   ACTION:   Notice.                                     public, submit the comment as a
                                                  3. The date the application was                                                                            written/paper submission and in the
                                               approved: March 13, 2013. FDA has                       SUMMARY: The Food and Drug                            manner detailed (see ‘‘Written/Paper
                                               verified the applicant’s claim that NDA                 Administration (FDA, Agency, or we) is                Submissions’’ and ‘‘Instructions’’).


                                          VerDate Sep<11>2014   20:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00082   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                               7736                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               Written/Paper Submissions                               www.regulations.gov and insert the                    among other things, the new animal
                                                  Submit written/paper submissions as                  docket number, found in brackets in the               drug has been demonstrated to be safe
                                               follows:                                                heading of this document, into the                    and effective for its intended use(s). In
                                                  • Mail/Hand delivery/Courier (for                    ‘‘Search’’ box and follow the prompts                 order to properly test a new animal drug
                                               written/paper submissions): Dockets                     and/or go to the Dockets Management                   for an intended use, appropriate
                                               Management Staff (HFA–305), Food and                    Staff, 5630 Fishers Lane, Rm. 1061,                   scientific investigations must be
                                               Drug Administration, 5630 Fishers                       Rockville, MD 20852.                                  conducted. Under specific
                                               Lane, Rm. 1061, Rockville, MD 20852.                    FOR FURTHER INFORMATION CONTACT: Ila                  circumstances, section 512(j) of the
                                                  • For written/paper comments                         S. Mizrachi, Office of Operations, Food               FD&C Act (21 U.S.C. 360b(j)) permits
                                               submitted to the Dockets Management                     and Drug Administration, Three White                  the use of an investigational new animal
                                               Staff, FDA will post your comment, as                   Flint North, 10A–12M, 11601                           drug to generate data to support an
                                               well as any attachments, except for                     Landsdown St., North Bethesda, MD                     NADA approval. Section 512(j) of the
                                               information submitted, marked and                       20852, 301–796–7726, PRAStaff@                        FD&C Act authorizes us to issue
                                               identified, as confidential, if submitted               fda.hhs.gov.                                          regulations relating to the
                                               as detailed in ‘‘Instructions.’’                                                                              investigational use of new animal drugs.
                                                                                                       SUPPLEMENTARY INFORMATION: Under the
                                                                                                                                                                Our regulations in part 511 (21 CFR
                                                  Instructions: All submissions received               PRA (44 U.S.C. 3501–3520), Federal
                                                                                                                                                             part 511) set forth the conditions for
                                               must include the Docket No. FDA–                        Agencies must obtain approval from the
                                                                                                                                                             investigational use of new animal drugs
                                               2018–N–0341 for ‘‘New Animal Drugs                      Office of Management and Budget
                                                                                                                                                             and require reporting and
                                               for Investigational Use.’’ Received                     (OMB) for each collection of
                                                                                                                                                             recordkeeping. The information
                                               comments, those filed in a timely                       information they conduct or sponsor.
                                                                                                                                                             collected is necessary to protect the
                                               manner (see ADDRESSES), will be placed                  ‘‘Collection of information’’ is defined
                                                                                                                                                             public health. We use the information to
                                               in the docket and, except for those                     in 44 U.S.C. 3502(3) and 5 CFR
                                                                                                                                                             determine that investigational animal
                                               submitted as ‘‘Confidential                             1320.3(c) and includes Agency requests
                                                                                                                                                             drugs are distributed only to qualified
                                               Submissions,’’ publicly viewable at                     or requirements that members of the
                                                                                                                                                             investigators, adequate drug
                                               https://www.regulations.gov or at the                   public submit reports, keep records, or
                                                                                                                                                             accountability records are maintained,
                                               Dockets Management Staff between 9                      provide information to a third party.
                                                                                                                                                             and edible food products from treated
                                               a.m. and 4 p.m., Monday through                         Section 3506(c)(2)(A) of the PRA (44
                                                                                                                                                             food-producing animals are safe for
                                               Friday.                                                 U.S.C. 3506(c)(2)(A)) requires Federal
                                                                                                                                                             human consumption. We also use the
                                                  • Confidential Submissions—To                        Agencies to provide a 60-day notice in
                                                                                                                                                             information collected to monitor the
                                               submit a comment with confidential                      the Federal Register concerning each
                                                                                                                                                             validity of the studies submitted to us
                                               information that you do not wish to be                  proposed collection of information,
                                                                                                                                                             to support new animal drug approval.
                                               made publicly available, submit your                    including each proposed extension of an                  Reporting: Our regulations require
                                               comments only as a written/paper                        existing collection of information,                   that certain information be submitted to
                                               submission. You should submit two                       before submitting the collection to OMB               us in a ‘‘Notice of Claimed
                                               copies total. One copy will include the                 for approval. To comply with this                     Investigational Exemption for a New
                                               information you claim to be confidential                requirement, FDA is publishing notice                 Animal Drug’’ (NCIE) to qualify for the
                                               with a heading or cover note that states                of the proposed collection of                         exemption and to control shipment of
                                               ‘‘THIS DOCUMENT CONTAINS                                information set forth in this document.               the new animal drug and prevent
                                               CONFIDENTIAL INFORMATION.’’ The                            With respect to the following
                                                                                                                                                             potential abuse. The NCIE must contain,
                                               Agency will review this copy, including                 collection of information, FDA invites
                                                                                                                                                             among other things, the following
                                               the claimed confidential information, in                comments on these topics: (1) Whether
                                                                                                                                                             specific information: (1) Identity of the
                                               its consideration of comments. The                      the proposed collection of information
                                                                                                                                                             new animal drug, (2) labeling, (3)
                                               second copy, which will have the                        is necessary for the proper performance
                                                                                                                                                             statement of compliance of any non-
                                               claimed confidential information                        of FDA’s functions, including whether
                                                                                                                                                             clinical laboratory studies with good
                                               redacted/blacked out, will be available                 the information will have practical
                                                                                                                                                             laboratory practices, (4) name and
                                               for public viewing and posted on                        utility; (2) the accuracy of FDA’s
                                                                                                                                                             address of each clinical investigator, (5)
                                               https://www.regulations.gov. Submit                     estimate of the burden of the proposed
                                                                                                                                                             the approximate number of animals to
                                               both copies to the Dockets Management                   collection of information, including the
                                                                                                                                                             be treated or amount of new animal
                                               Staff. If you do not wish your name and                 validity of the methodology and                       drug(s) to be shipped, and (6)
                                               contact information to be made publicly                 assumptions used; (3) ways to enhance                 information regarding the use of edible
                                               available, you can provide this                         the quality, utility, and clarity of the              tissues from investigational animals
                                               information on the cover sheet and not                  information to be collected; and (4)                  (§ 511.1(b)(4) (21 CFR 511.1(b)(4)). If the
                                               in the body of your comments and you                    ways to minimize the burden of the                    new animal drug is to be used in food-
                                               must identify this information as                       collection of information on                          producing animals, e.g., cattle, swine,
                                               ‘‘confidential.’’ Any information marked                respondents, including through the use                chickens, fish, etc., certain data must be
                                               as ‘‘confidential’’ will not be disclosed               of automated collection techniques,                   submitted to us to obtain authorization
                                               except in accordance with 21 CFR 10.20                  when appropriate, and other forms of                  for the use of edible food products from
                                               and other applicable disclosure law. For                information technology.                               treated food-producing animals
                                               more information about FDA’s posting                    New Animal Drugs for Investigational                  (§ 511.1(b)(5)). We require sponsors
                                               of comments to public dockets, see 80                   Use—21 CFR Part 511                                   upon request to submit information
                                               FR 56469, September 18, 2015, or access                                                                       with respect to the investigation to
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                                               the information at: https://www.gpo.gov/                OMB Control Number 0910–0117—                         determine whether there are grounds for
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-                       Extension                                             terminating the exemption
                                               23389.pdf.                                                FDA has the authority under the                     (§ 511.1(b)(6)). We require sponsors to
                                                  Docket: For access to the docket to                  Federal Food, Drug, and Cosmetic Act                  report findings that may suggest
                                               read background documents or the                        (FD&C Act) to approve new animal                      significant hazards pertinent to the
                                               electronic and written/paper comments                   drugs. A new animal drug application                  safety of the new animal drug
                                               received, go to https://                                (NADA) cannot be approved until,                      (§ 511.1(b)(8)(ii)). We also require


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                                                                                    Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                                                                        7737

                                               reporting by importers of investigational                                     Recordkeeping: If the new animal                                      investigators to be retained for 2 years
                                               new animal drugs for clinical                                              drug is only for tests in vitro or in                                    after the termination of an
                                               investigational use in animals                                             laboratory research animals, the person                                  investigational exemption or approval of
                                               (§ 511.1(b)(9)). The information                                           distributing the new animal drug must                                    a new animal drug application
                                               provided by the sponsor in the NCIE is                                     maintain records showing the name and                                    (§ 511.1(b)(8)(i)).
                                               needed to ensure that the proposed                                         post office address of the expert or                                        Description of Respondents:
                                               investigational use of the new animal                                      expert organization to whom it is                                        Respondents to this collection of
                                               drug is safe and that any edible food                                      shipped and the date, quantity, and                                      information are persons who use new
                                               will not be distributed without proper                                     batch or code mark of each shipment                                      animal drugs for investigational
                                               authorization from FDA. Information                                        and delivery for a period of 2 years after                               purposes. Investigational new animal
                                               contained in an NCIE submission is                                         such shipment or delivery (§ 511.1(a)(3)                                 drugs are used primarily by drug
                                               monitored under our Bio-Research                                           and (b)(3)). We require complete records                                 industry firms, academic institutions,
                                                                                                                          of the investigation, including records of                               and the government. Investigators may
                                               Monitoring Program. This program
                                                                                                                          the receipt and disposition of each                                      include individuals from these entities,
                                               permits us to monitor the validity of the
                                                                                                                          shipment or delivery of the                                              as well as research firms and members
                                               studies and to ensure the proper use of                                    investigational new animal drug                                          of the medical professions.
                                               the drugs is maintained by the                                             (§ 511.1(b)(7)). We also require records                                    FDA estimates the burden of this
                                               investigators.                                                             of all reports received by a sponsor from                                collection of information as follows:
                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                         Number of                                        Average
                                                                                                                                              Number of                                           Total annual
                                                                         21 CFR Section/activity                                                                       responses per                                    burden per              Total hours
                                                                                                                                             respondents                                           responses
                                                                                                                                                                         respondent                                      response

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

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

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

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

                                                     Total ..............................................................................   ........................   ........................          5,060       ........................         13,060
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.
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                                                 The estimate of the time required for                                    Based on the number of sponsors                                          ‘‘number of responses per respondent’’
                                               reporting requirements, record                                             subject to animal drug user fees, we                                     by dividing the total annual responses
                                               preparation, and maintenance for this                                      estimate that there are 104 respondents.                                 by number of respondents. Additional
                                               collection of information is based on our                                  We use this estimate consistently                                        information needed to make a final
                                               informal communication with industry.                                      throughout the table and calculate the                                   calculation of the total burden hours


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                                               7738                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               (i.e., the number of respondents, the                      DEPARTMENT OF HEALTH AND                               DATES:Approval is withdrawn as of
                                               number of recordkeepers, the number of                     HUMAN SERVICES                                         March 26, 2018.
                                               NCIEs received, etc.) is derived from our
                                                                                                          Food and Drug Administration                           FOR FURTHER INFORMATION CONTACT:
                                               records. The burden for this information
                                                                                                                                                                 Florine P. Purdie, Center for Drug
                                               collection has changed since the last                      [Docket No. FDA–2018–N–0508]                           Evaluation and Research, Food and
                                               OMB approval. We estimate an overall
                                                                                                          Parke-Davis, Subsidiary of Pfizer, Inc.                Drug Administration, 10903 New
                                               increase in burden that we attribute to
                                                                                                          et al.; Withdraw of Approval of 38 New                 Hampshire Ave., Bldg. 51, Rm. 6248,
                                               an increase in the number of annual
                                                                                                          Drug Applications and 43 Abbreviated                   Silver Spring, MD 20993–0002, 301–
                                               responses and records.
                                                                                                          New Drug Applications                                  796–3601.
                                                 Dated: February 15, 2018.
                                                                                                          AGENCY:     Food and Drug Administration,              SUPPLEMENTARY INFORMATION:     The
                                               Leslie Kux,
                                                                                                          HHS.                                                   holders of the applications listed in the
                                               Associate Commissioner for Policy.                                                                                table have informed FDA that these drug
                                                                                                          ACTION:    Notice.
                                               [FR Doc. 2018–03609 Filed 2–21–18; 8:45 am]                                                                       products are no longer marketed and
                                               BILLING CODE 4164–01–P                                     SUMMARY:  The Food and Drug                            have requested that FDA withdraw
                                                                                                          Administration (FDA or Agency) is                      approval of the applications under the
                                                                                                          withdrawing approval of 38 new drug                    process in § 314.150(c) (21 CFR
                                                                                                          applications (NDAs) and 43 abbreviated                 314.150(c)). The applicants have also,
                                                                                                          new drug applications (ANDAs) from                     by their requests, waived their
                                                                                                          multiple applicants. The holders of the                opportunity for a hearing. Withdrawal
                                                                                                          applications notified the Agency in                    of approval of an application or
                                                                                                          writing that the drug products were no
                                                                                                                                                                 abbreviated application under
                                                                                                          longer marketed and requested that the
                                                                                                                                                                 § 314.150(c) is without prejudice to
                                                                                                          approval of the applications be
                                                                                                          withdrawn.                                             refiling.

                                                                                                                               TABLE 1
                                                 Application No.                                         Drug                                                               Applicant

                                               NDA 010151 ......         Dilantin (phenytoin sodium) Injection USP, 50 milligrams                  Parke-Davis, Subsidiary of Pfizer, Inc., 235 East 42nd St.,
                                                                           (mg)/milliliter (mL).                                                     New York, NY 10017.
                                               NDA 011903 ......         Zolyse (chymotrypsin) for Ophthalmic Solution, 750 units/vial             Alcon Laboratories, Inc., 6201 S. Freeway, TC–45, Fort
                                                                                                                                                     Worth, TX 76134–2099.
                                               NDA 012125 ......         Carbocaine (mepivacaine hydrochloride (HCl)) Injection USP,               Hospira Inc., 8401 W. 102nd St., Pleasant Prairie, WI 53158.
                                                                           3%.
                                                                         Carbocaine     with     Neo-Cobefrin    (mepivacaine        HCl;
                                                                           levonordefrin) Injection USP, 2%; 0.05 mg/mL.
                                               NDA 012516 ......         Sansert (methysergide maleate) Tablets, 2 mg ......................       Novartis Pharmaceuticals Corp., One Health Pl., East Han-
                                                                                                                                                     over, NJ 07936–1080.
                                               NDA 016774 ......         Serentil (mesoridazine besylate) Tablets, Equivalent to (EQ)                  Do.
                                                                           10 mg base, 25 mg base, 50 mg base, and 100 mg base.
                                               NDA 016775 ......         Serentil (mesoridazine besylate) Injection, EQ 25 mg base/                    Do.
                                                                           mL.
                                               NDA 016793 ......         Cytosar-U (cytarabine) for Injection USP, 100 mg/vial, 500                Teva Pharmaceuticals USA, Inc., 425 Privet Rd., Horsham,
                                                                           mg/vial, 1 gram (g)/vial, and 2 g/vial.                                   PA 19044.
                                               NDA 016997 ......         Serentil (mesoridazine besylate) Oral Concentrate, EQ 25                  Novartis Pharmaceuticals Corp.
                                                                           mg base/mL.
                                               NDA 017364 ......         Aquatensen (methyclothiazide) Tablets USP, 5 mg ................          Meda Pharmaceuticals, Inc., 265 Davidson Ave., Suite 400,
                                                                                                                                                     Somerset, NJ 08873.
                                               NDA 017575 ......         DTIC-Dome (dacarbazine) for Injection, 100 mg/vial and 200                Bayer Healthcare Pharmaceuticals, Inc., 100 Bayer Blvd.,
                                                                          mg/vial.                                                                   Whippany, NJ 07981.
                                               NDA 017717 ......         Gyne-Lotrimin (clotrimazole) Vaginal Tablets, 100 mg ...........          Bayer HealthCare, LLC, 100 Bayer Blvd., P.O. Box 915,
                                                                                                                                                     Whippany, NJ 07981–0915.
                                               NDA   017869     ......   Funduscein-25 (fluorescein sodium) Injection, 25% ................        Novartis Pharmaceuticals Corp.
                                               NDA   017993     ......   Hydergine (ergoloid mesylates) Tablets, 0.5 mg and 1 mg ....                  Do.
                                               NDA   018052     ......   Gyne-Lotrimin (clotrimazole) Vaginal Cream, 1% ...................        Bayer HealthCare, LLC.
                                               NDA   018128     ......   Ovcon-50 (norethindrone and ethinyl estradiol) Tablets USP                Warner Chilcott Co., LLC, c/o Warner Chilcott (US), LLC,
                                                                           (21-Day Regimen), 1 mg and 0.05 mg.                                       100 Enterprise Dr., Rockaway, NJ 07866.
                                               NDA 018397 ......         Chlor-Trimeton       (chlorpheniramine       maleate            and       Bayer HealthCare, LLC.
                                                                           pseudoephedrine sulfate) Extended-Release Tablets, 8 mg
                                                                           and 120 mg.
                                               NDA 018418 ......         Hydergine (ergoloid mesylates) Oral Solution, 1 mg/mL .........           Novartis Pharmaceuticals Corp.
                                               NDA 018439 ......         Multi-Vitamins Concentrate for Infusion, Injection ...................    Watson Laboratories, Inc., Subsidiary of Teva        Pharma-
                                                                                                                                                     ceuticals USA, Inc., 425 Privet Rd., Horsham, PA   19044.
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                                               NDA 018471 ......         Ocuclear (oxymetazoline HCl) Ophthalmic Solution, 0.025%                  Bayer HealthCare, LLC.
                                               NDA 018517 ......         Metronidazole Tablets USP, 250 mg and 500 mg ..................           IVAX Pharmaceuticals, Inc., Subsidiary of Teva       Pharma-
                                                                                                                                                     ceuticals USA, Inc., 425 Privet Rd., Horsham, PA   19044.
                                               NDA 018969 ......         Liposyn III 10% (soybean oil) Injection, 10% ..........................   Hospira, Inc.
                                               NDA 020045 ......         Shade UVAGuard (avobenzone, octinoxate, oxybenzone) Lo-                   Bayer HealthCare, LLC.
                                                                           tion, 3%/7.5%/3%.
                                               NDA 020289 ......         Gyne-Lotrimin Combination Pack (clotrimazole) Vaginal                         Do.
                                                                           Cream and Vaginal Tablets, 1% and 100 mg.



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Document Created: 2018-02-22 02:51:10
Document Modified: 2018-02-22 02:51:10
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 April 23, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 7735 

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