Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Forms FDA 456h and 2567, 5057-5061 [E7-1741]

Download as PDF 5057 Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices respondents. Each panel member has provided demographic data for their household that allows for the selection of samples that resemble closely the distribution of the U.S. population on age, gender, education, and race/ ethnicity. A participant recruitment questionnaire (screener) will be used to planned. Testing the statements experimentally will provide valuable information on the comprehension, usefulness, and selection of the side effect statements to be included in the final rule. FDA estimates the burden of this collection of information as follows: ensure recruitment criteria are met. Conventional statistical techniques for experimental data (such as descriptive statistics, analysis of variance, and regression models) will be used to analyze the data. This proposed data collection will be one-time only. No successive related data collections are TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 No. of Respondents Activity Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Administration of Participant Screener 1,684 1 1,684 0.01 17 Administration of Participant Questionnaire 1,600 1 1,600 0.15 240 Total 257 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: January 26, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7–1674 Filed 2–1–07; 8:45 am] Information Officer (HFA–250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827– 4659. BILLING CODE 4160–01–S 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. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006N–0430] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Forms FDA 456h and 2567 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 5, 2007. 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: 202–395–6974. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief sroberts on PROD1PC70 with NOTICES ADDRESSES: VerDate Aug<31>2005 16:13 Feb 01, 2007 Jkt 211001 General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Forms FDA 456h and 2567—(OMB Control Number 0910–0338)—Extension Under section 351 of the Public Health Service Act (the PHS Act) (42 U.S.C. 262), manufacturers of biological products must submit a license application for FDA review and approval before marketing a biological product in interstate commerce. Licenses may be issued only upon showing that the establishment and the products for which a license is desired meets standards prescribed in regulations designed to ensure the continued safety, purity, and potency of such products. All such licenses are issued, suspended, and revoked as prescribed by regulations in part 601 (21 CFR part 601). Section 130(a) of the Food and Drug Administration Modernization Act (Public Law 105–115) amended the Federal Food, Drug, and Cosmetic Act (the act) by adding a new provision (section 506B of the act (21 U.S.C. 356b)) requiring reports of postmarketing studies for approved human drugs and licensed biological products. Section 506B of the act provides FDA with additional authority to monitor the progress of postmarketing studies that applicants have made a PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 commitment to conduct and requires the agency to make publicly available information that pertains to the status of these studies. Under section 506B(a) of the act, applicants that have committed to conducting a postmarketing study for an approved human drug or licensed biological product must submit to FDA a status report of the progress of the study or the reasons for the failure of the applicant to conduct the study. This report must be submitted within 1 year after the U.S. approval of the application and then annually until the study is completed or terminated. Section 601.2(a) requires a manufacturer of a biological product to submit an application with accompanying information, including labeling information, to FDA for approval to market a product in interstate commerce. The container and package labeling requirements are provided under §§ 610.60, 610.61, and 610.62 (21 CFR part 610). The estimate for these regulations is included in the estimate under § 601.2(a) in table 1 of this document. Section 601.5(a) requires a licensee to submit to FDA notice of its intention to discontinue manufacture of a product or all products. Section 601.6(a) requires the licensee to notify selling agents and distributors upon suspension of its license, and provide FDA of such notification. Section 601.12(a)(2) requires, generally, that the holder of an approved BLA must assess the effects of a manufacturing change before distributing a biological product made with the change. Section 601.12(a)(4) requires, generally, that the applicant must promptly review all promotional labeling and advertising to make it consistent with any labeling changes implemented. Section 601.12(a)(5) E:\FR\FM\02FEN1.SGM 02FEN1 sroberts on PROD1PC70 with NOTICES 5058 Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices requires the applicant to include a list of all changes contained in the supplement or annual report; for supplements, this list must be provided in the cover letter. The burden estimates for § 601.12(a)(2) are included in the estimates for supplements (§ 601.12(b) and (c)) and annual reports (§ 601.12(d)). The burden estimates for § 601.12(a)(4) are included in the estimates under 601.12(f)(4) (Form FDA 2567) in table 1 of this document or OMB control number 0910–0001 (expires May 31, 2008) since the required information can also be submitted with Form FDA 2253. Section 601.12(b)(1) and (b)(3), (c)(1) and (c)(3), (c)(5), and (d)(1) and (d)(3) require applicants to follow specific procedures to inform FDA of each change, in the product, production process, quality controls, equipment, facilities, responsible personnel or labeling established in an approved license application. The appropriate procedure depends on the potential for the change to have a substantial, moderate, or minimal adverse effect on the identity, strength, quality, purity, or potency of the products as they may relate to the safety or effectiveness of the product. Under § 601.12(b)(4), an applicant may ask FDA to expedite its review of a supplement for public health reasons or if a delay in making the change described in it would impose an extraordinary hardship of the applicant. The burden estimate for § 601.12(b)(4) is minimal and included in the estimate under § 601.12(b)(1) and (b)(3) in table 1 of this document. Section 601.12(e) requires applicants to submit a protocol, or change to a protocol, as a supplement requiring FDA approval before distributing the product. Section 601.12(f)(1), (f)(2), and (f)(3) requires applicants to follow specific procedures to report labeling changes to FDA. Section 601.12(f)(4) requires applicants to report to FDA advertising and promotional labeling and any changes. Under § 601.14, the content of labeling required in § 201.100(d)(3) (21 CFR 201.100(d)(3)) must be in electronic format and in a form that FDA can process, review, and archive. This requirement is in addition to the provisions of §§ 601.2(a) and 601.12(f). The burden estimate for § 601.14 is minimal and included in the estimate under § 601.2(a) (BLAs) and 601.12(f)(1), (f)(2), and (f)(3) (supplements and annual reports) in table 1 of this document. Section 601.45 requires applicants of biological products for serious or lifethreatening illnesses to submit to the agency for consideration, during the VerDate Aug<31>2005 16:13 Feb 01, 2007 Jkt 211001 pre-approval review period, copies of all promotional materials, including promotional labeling as well as advertisements. In addition to §§ 601.2 and 601.12, there are other regulations in parts 640, 660, and 680 (21 CFR parts 640, 660, and 680) that relate to information to be submitted in a license application or supplement for certain blood or allergenic products: §§ 640.6, 640.17, 640.21(c), 640.22(c), 640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), 660.51(a)(4), 680.1(b)(2)(iii), and 680.1(d). In table 1 of this document, the burden associated with the information collection requirements in these regulations is included in the burden estimate for § 601.2 and/or § 601.12. A regulation may be listed under more than one section of § 601.12 due to the type of category under which a change to an approved application may be submitted. There are also additional container and/or package labeling requirements for certain licensed biological products: § 640.70(a) for Source Plasma; § 640.74(b)(3) and (b)(4) for Source Plasma Liquid; § 640.84(a) and (c) for Albumin; § 640.94(a) for Plasma Protein Fraction; § 660.2(c) for Antibody to Hepatitis B Surface Antigen; § 660.28(a) and (b) for Blood Grouping Reagent; § 660.35(a), (c through g), and (i through m) for Reagent Red Blood Cells; § 660.45 for Hepatitis B Surface Antigen; and § 660.55(a) and (b) for Anti-Human Globulin. The burden associated with the additional labeling requirements for submission of a license application for these certain biological products is minimal because the majority of the burden is associated with the requirements under § 610.60 through § 610.62 or § 809.10 (21 CFR 809.10). Therefore, the burden estimates for these regulations are included in the estimate under § 610.60 through § 610.62 in table 1 of this document. The burden estimates associated with § 809.10 are approved under OMB control number 0910–0485 (expires June 30, 2008). Section 601.25(b) requests interested persons to submit, for review and evaluation by an advisory review panel, published and unpublished data and information pertinent to a designated category of biological products that have been licensed prior to July 1, 1972. Section 601.26(f) requests that licensees submit to FDA a written statement intended to show that studies adequate and appropriate to resolve questions raised about a biological product have been undertaken for a product if designated as requiring further study under the reclassification procedures. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Under § 601.25(b)(3), FDA estimates no burden for this regulation since all requested data and information had been submitted by 1974. Under § 601.26(f), FDA estimates no burden for this regulation since there are no products designated to require further study and none are predicted in the future. However, based on the possible reclassification of a product, the labeling for the product may need to be revised, or a manufacturer, on its own initiative, may deem it necessary for further study. As a result, any changes to product labeling would be reported under § 601.12. Section 601.27(a) requires that applications for new biological products contain data that are adequate to assess the safety and effectiveness of the biological product for the claimed indications in pediatric subpopulations, and to support dosing and administration information. Section 601.27(b) provides that an applicant may request a deferred submission of some or all assessments of safety and effectiveness required under § 601.27(a). Section 601.27(c) provides that an applicant may request a full or partial waiver of the requirements under § 601.27(a). The burden estimates for § 601.27(a) are included in the burden estimate under § 601.2(a) in table 1 of this document, since these regulations deal with information to be provided in an application. Section 601.28 requires sponsors of licensed biological products to submit the information in § 601.28(a), (b), and (c) to the Center for Biologics Evaluation and Research (CBER) or the Center for Drug Evaluation and Research (CDER) each year, within 60 days of the anniversary date of approval of the license. Section 601.28(a) requires sponsors to submit to FDA a brief summary stating whether labeling supplements for pediatric use have been submitted and whether new studies in the pediatric population to support appropriate labeling for the pediatric population have been initiated. Section 601.28(b) requires sponsors to submit to FDA an analysis of available safety and efficacy data in the pediatric population and changes proposed in the labeling based on this information. Section 601.28(c) requires sponsors to submit to FDA a statement on the current status of any postmarketing studies in the pediatric population performed by, or on behalf of, the applicant. If the postmarketing studies were required or agreed to, the status of these studies is to be reported under § 601.70, rather than under this section. Sections 601.33 through 601.35 clarify the information to be submitted in an E:\FR\FM\02FEN1.SGM 02FEN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices application to FDA to evaluate the safety and effectiveness of in vivo radiopharmaceuticals. The burden estimates for §§ 601.33 through 601.35 are included in the burden estimate under § 601.2(a) in table 1 of this document, since these regulations deal with information to be provided in an application. Section 601.70(b) requires each applicant of a licensed biological product to submit annually a report to FDA on the status of postmarketing studies for each approved product application. Each annual postmarketing status report must be accompanied by a completed transmittal Form FDA 2252 (approved under OMB control number 0910–0001). Under § 601.70(d), two copies of the annual report shall be submitted to FDA. Section 601.91(b)(2)(iii) requires, in certain circumstances, postmarketing restrictions as needed to ensure the safe use of the biological products distribution conditioned on specified recordkeeping requirements. Section 601.91(b)(3) requires applicants to prepare and provide labeling with relevant information to patient or potential patient for biological products approved under the subpart when human efficacy studies are not ethical or feasible (or based on evidence of effectiveness from studies in animals). Section 601.93 provides that biological products approved under this subpart are subject to the postmarketing recordkeeping and safety reporting applicable to all approved biological products. Section 601.94 requires applicants under this subpart to submit to the agency for consideration during preapproval review period copies of all promotional materials including promotional labeling as well as advertisements. Under § 601.93, any potential postmarketing reports and/or recordkeeping burdens would be included under the adverse experience reporting (AER) requirements under 21 CFR part 600 (OMB control number 0910–0308; expires May 31, 2005). Therefore, any burdens associated with these requirements would be reported under the AER information collection requirements (OMB control number 0910–0308). Section 610.11(g)(2) provides that a manufacturer of certain biological products may request an exemption from the general safety test (GST) requirements contained in this subpart. Under § 610.11(g)(2), FDA requires only those manufacturers of biological products requesting an exemption from the GST to submit additional information as part of a license application or supplement to an VerDate Aug<31>2005 16:13 Feb 01, 2007 Jkt 211001 approved license application. Therefore, the burden estimate for § 610.11(g)(2) is included in the estimate under §§ 601.2(a) and 601.12(b) in table 1 of this document. Section 610.67 requires certain biological products to comply with the bar code requirements at § 201.25 (21 CFR 201.25). Section 201.25 is approved under OMB control number 0910–0537 (expires February 28, 2007). Section 680.1(c) requires manufacturers to update annually their license file with the list of source materials and the suppliers of the materials. Sections 600.15(b) and 610.53(d) require the submission of a request for an exemption or modification regarding the temperature requirements during shipment and from dating periods, respectively, for certain biological products. Section 606.110(b) requires the submission of a request for approval to perform plasmapheresis of donors who do not meet certain donor requirements for the collection of plasma containing rare antibodies. Under §§ 600.15(b), 610.53(d), and 606.110(b), a request for an exemption or modification to the requirements would be submitted as a supplement. Therefore, the burden hours for any submissions under §§ 600.15(b), 610.53(d), and 606.110(b) are included in the estimates under § 601.12(b) in table 1 of this document. In July 1997, FDA revised Form FDA 356h ‘‘Application to Market a New Drug, Biologic, or an Antibiotic Drug for Human Use’’ to harmonize application procedures between CBER and CDER. The application form serves primarily as a checklist for firms to gather and submit certain information to FDA. The checklist helps to ensure that the application is complete and contains all the necessary information, so that delays due to lack of information may be eliminated. The form provides key information to FDA for efficient handling and distribution to the appropriate staff for review. The estimated burden hours for submissions to CDER using Form FDA 356h are reported under OMB control number 0910–0001. Form FDA 2567 ‘‘Transmittal of Labels and Circulars’’ is used by manufacturers of licensed biological products to submit labeling (e.g., circulars, package labels, container labels, etc.) and labeling changes for FDA review and approval. The labeling information is submitted with the form for license applications, supplements, or as part of an annual report. Form FDA 2567 is also used for the transmission of advertisements and promotional PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 5059 labeling. Form FDA 2567 serves as an easy guide to assure that the manufacturer has provided the information required for expeditious handling of their labeling by CBER. For advertisements and promotional labeling, manufacturers of licensed biological products may submit to CBER either Form FDA 2567 or 2253. Form FDA 2253 was previously used only by drug manufacturers regulated by CDER. In August 1998, FDA revised and harmonized Form FDA 2253 so the form may be used to transmit specimens of promotional labeling and advertisements for biological products as well as for prescription drugs and antibiotics. The revised, harmonized form updates the information about the types of promotional materials and the codes that are used to clarify the type of advertisement or labeling submitted; clarifies the intended audience for the advertisements or promotional labeling (e.g., consumers, professionals, news services); and helps ensure that the submission is complete. Under table 1 of this document, the number of respondents is based on the estimated annual number of manufacturers that submitted the required information to FDA or the number of submissions FDA received. Based on information obtained from FDA’s database systems, there are an estimated 306 licensed biologics manufacturers. However, not all manufacturers will have any submissions in a given year and some may have multiple submissions. The total annual responses are based on the estimated number of submissions (i.e., license applications, labeling and other supplements, protocols, advertising and promotional labeling, notifications) for a particular product received annually by FDA. Based on previous estimates, the rate of submissions is not expected to change significantly in the next few years. The hours per response are based on information provided by industry and past FDA experience with the various submissions or notifications. The hours per response include the time estimated to prepare the various submissions or notifications to FDA, and, as applicable, the time required to fill out the appropriate form and collate the documentation. Additional information regarding these estimates is provided as follows as necessary. Under §§ 601.2 and 601.12, the estimated hours per response are based on the average number of hours to submit the various submissions. The estimated average number of hours is based on the range of hours to complete a very basic application or supplement E:\FR\FM\02FEN1.SGM 02FEN1 5060 Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices and a complex application or supplement. Under § 601.6(a), the total annual responses are based on FDA estimates that establishments may notify an average of 20 selling agents and distributors of such suspension, and provide FDA of such notification. The number of respondents is based on the estimated annual number of suspensions of a biologic license. Under §§ 601.12(f)(4) and 601.45, manufacturers of biological products may use either Form FDA 2567 or Form FDA 2253 to submit advertising and promotional labeling. Based on information obtained from FDA’s database system, there were an estimated 3,600 submissions of advertising and promotional labeling in fiscal year 2004. FDA estimates that approximately 15 percent of those submissions were received with Form FDA 2567 resulting in an estimated 540 submissions. The burden hours for the remaining submissions received using Form FDA 2253 are reported under OMB control number 0910–0001. Under § 601.70(b), FDA estimates that it takes an applicant approximately 24 hours (8 hours per study x 3) annually to gather, complete, and submit the appropriate information for each postmarketing status report (approximately two to four studies per report) and the accompanied transmittal Form FDA 2252. Included in these 24 hours is the time necessary to prepare and submit two copies of the annual progress report of postmarketing studies to FDA under § 601.70(d). Under §§ 601.91 through 601.94, FDA expects to receive very few applications of this nature; however, for calculation purposes, FDA is estimating the annual submission of one application. Under §§ 601.93(b)(3) and 601.94, FDA estimates 240 hours for a manufacturer of a new biological product to develop patient labeling, and to submit the appropriate information and promotional labeling to FDA. The majority of the burden for developing the patient labeling is included under the reporting requirements for § 601.94, therefore minimal burden is calculated for providing the guide to patients under § 601.91(b)(3). There were also 3,540 amendments to an unapproved application or supplement and 23 resubmissions (total of 3,563 submissions) submitted using Form FDA 356h. In the Federal Register of November 2, 2006 (71 FR 64536), FDA published a 60-day notice requesting public comment on the information collection provisions. No comments were received. TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 21 CFR Section No. of Respondents Form FDA No. 601.2(a)2, 610.60, 610.61, and 610.623 Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 2567/356h 14 2 28 860 24,080 601.5(a) NA 16 3.13 50 .33 17 601.6(a) NA 1 21 21 .33 7 601.12(a)(5) NA 190 15.7 2,983 1 2,983 601.12(b)(1)/(b)(3)4 356h2 190 4.75 903 80 72,240 601.12(c)(1)/(c)(3)5 356h2 98 2.60 255 50 12,750 601.12(c)(5) 356h2 34 1.38 47 50 2,350 601.12(d)(1)/(d)(3) 356h2 166 1.37 227 22.5 5,107.5 601.12(e) 356h2 14 1.43 20 120 2,400 601.12(f)(1)6 2567 12 1 12 40 480 601.12(f)(2)6 2567 10 1 10 20 200 601.12(f)(3)7 2567 70 1.43 100 10 1,000 601.12(f)(4)/601.45 2567 15 36 540 10 5,400 601.25(b)(3) NA 0 0 0 0 0 601.26(f) NA 0 0 0 0 0 601.27(b) NA 3 1 3 24 72 601.27(c) NA 7 1 7 8 56 601.28(a), (b), and (c) NA 44 3.27 144 33.5 4,824 2252 19 1.58 30 24 720 601.91(b)(3), 601.94 NA 1 1 1 240 240 610.67 NA 174 31 5,400 24 129,600 680.1(c) NA 10 1 10 2 20 sroberts on PROD1PC70 with NOTICES 601.70(b) and (d) VerDate Aug<31>2005 16:13 Feb 01, 2007 Jkt 211001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\02FEN1.SGM 02FEN1 5061 Federal Register / Vol. 72, No. 22 / Friday, February 2, 2007 / Notices TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued 21 CFR Section No. of Respondents Form FDA No. Amendments/Resubmissions 356h Annual Frequency per Response 306 Total Annual Responses 11.6 Hours per Response 3,563 Total Hours 20 Total 71,260 335,806.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information. reporting requirements under §§ 601.14, 601.27(a), 601.33, 601.34, 601.35, 610.11(g)(2), 640.17, 640.25(c), 640.56(c), 640.74(b)(2), 660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under § 601.2(a). 3 The reporting requirements under §§ 640.70(a), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a) and (b), 660.35(a), (cg), and (i-m), 660.45, and 660.55(a) and (b) are included under §§ 610.60 through 610.62. 4 The reporting requirements under §§ 600.15(b), 610.11(g)(2), 610.53(d), 606.110(b), 640.6, 640.17, 640.21(c), 640.22(c), 640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), and 680.1(d) are included in the estimate under § 601.12(b) 5 The reporting requirements under §§ 640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate under § 601.12(c). 6 The reporting requirement under § 601.14 is included in the estimate under § 601.12(f)(1) and (f)(2). 7 The reporting requirement under § 601.14 is included in the estimate under § 601.12(f)(3). 2 The Under Table 2, the estimated recordkeeping burden of 1 hour is based on previous estimates for the recordkeeping requirements associated with the AER system. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN1 No. of Recordkeepers 21 CFR Section 601.91(b)(2)(iii) 1There 1 BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2006P–0052] Determination That SUSTIVA (Efavirenz) 300-Milligram Tablets Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY: Food and Drug Administration, HHS. sroberts on PROD1PC70 with NOTICES Total Annual Records 1 Hours per Record 1 Total Hours 1 1 are no capital costs or operating and maintenance costs associated with this collection of information. Dated: January 26, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. E7–1741 Filed 2–1–07; 8:45 am] ACTION: Annual Frequency per Recordkeeping Notice. SUMMARY: The Food and Drug Administration (FDA) has determined that SUSTIVA (efavirenz) 300-milligram (mg) tablets were not withdrawn from sale for reasons of safety or effectiveness. This determination will allow FDA to approve abbreviated new drug applications (ANDAs) for efavirenz 300-mg tablets, if all other legal and regulatory requirements are met. FOR FURTHER INFORMATION CONTACT: Martha Nguyen, Center for Drug Evaluation and Research (HFD–7), Food and Drug Administration, 5600 Fishers VerDate Aug<31>2005 16:13 Feb 01, 2007 Jkt 211001 Lane, Rockville, MD 20857, 301–594– 2041. SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Public Law 98– 417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products approved under an ANDA procedure. ANDA sponsors must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the ‘‘listed drug,’’ which is typically a version of the drug that was previously approved under a new drug application (NDA). Sponsors of ANDAs do not have to repeat the extensive clinical testing otherwise necessary to gain approval of an NDA. The only clinical data required in an ANDA are data to show that the drug that is the subject of the ANDA is bioequivalent to the listed drug. The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the ‘‘Approved Drug Products With Therapeutic Equivalence Evaluations,’’ which is generally known as the ‘‘Orange Book.’’ Under FDA regulations, drugs are withdrawn from the list if the agency withdraws or suspends approval PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 of the drug’s NDA or ANDA for reasons of safety or effectiveness or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (§ 314.162 (21 CFR 314.162)). Under § 314.161(a)(1) (21 CFR 314.161(a)(1)), the agency must determine whether a listed drug was withdrawn from sale for reasons of safety or effectiveness before an ANDA that refers to that listed drug may be approved. FDA may not approve an ANDA that does not refer to a listed drug. In a citizen petition dated January 24, 2006 (Docket No. 2006P–0052/CP1), submitted under 21 CFR 10.30, Robert W. Pollock of Lachman Consultant Services, Inc., requested that the agency determine whether SUSTIVA (efavirenz) 300-mg tablets were withdrawn from sale for reasons of safety or effectiveness. SUSTIVA (efavirenz) is approved for the treatment of human immunodeficiency virus (HIV) type 1 infections in combination with other antiretroviral agents. SUSTIVA (efavirenz) 300-mg tablets are the subject of NDA 21–360 held by BristolMyers Squibb Pharma Company (BMS). FDA approved the NDA for SUSTIVA (efavirenz) 300-mg tablets on February 1, 2002. After considering the citizen petition and reviewing agency records, FDA has determined that SUSTIVA (efavirenz) E:\FR\FM\02FEN1.SGM 02FEN1

Agencies

[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Notices]
[Pages 5057-5061]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1741]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2006N-0430]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; General Licensing 
Provisions: Biologics License Application, Changes to an Approved 
Application, Labeling, Revocation and Suspension, Postmarketing Studies 
Status Reports, and Forms FDA 456h and 2567

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 
5, 2007.

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: 202-395-6974.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of the Chief 
Information Officer (HFA-250), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-4659.

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.

General Licensing Provisions: Biologics License Application, Changes to 
an Approved Application, Labeling, Revocation and Suspension, 
Postmarketing Studies Status Reports, and Forms FDA 456h and 2567--(OMB 
Control Number 0910-0338)--Extension

    Under section 351 of the Public Health Service Act (the PHS Act) 
(42 U.S.C. 262), manufacturers of biological products must submit a 
license application for FDA review and approval before marketing a 
biological product in interstate commerce. Licenses may be issued only 
upon showing that the establishment and the products for which a 
license is desired meets standards prescribed in regulations designed 
to ensure the continued safety, purity, and potency of such products. 
All such licenses are issued, suspended, and revoked as prescribed by 
regulations in part 601 (21 CFR part 601).
    Section 130(a) of the Food and Drug Administration Modernization 
Act (Public Law 105-115) amended the Federal Food, Drug, and Cosmetic 
Act (the act) by adding a new provision (section 506B of the act (21 
U.S.C. 356b)) requiring reports of postmarketing studies for approved 
human drugs and licensed biological products. Section 506B of the act 
provides FDA with additional authority to monitor the progress of 
postmarketing studies that applicants have made a commitment to conduct 
and requires the agency to make publicly available information that 
pertains to the status of these studies.
    Under section 506B(a) of the act, applicants that have committed to 
conducting a postmarketing study for an approved human drug or licensed 
biological product must submit to FDA a status report of the progress 
of the study or the reasons for the failure of the applicant to conduct 
the study. This report must be submitted within 1 year after the U.S. 
approval of the application and then annually until the study is 
completed or terminated.
    Section 601.2(a) requires a manufacturer of a biological product to 
submit an application with accompanying information, including labeling 
information, to FDA for approval to market a product in interstate 
commerce. The container and package labeling requirements are provided 
under Sec. Sec.  610.60, 610.61, and 610.62 (21 CFR part 610). The 
estimate for these regulations is included in the estimate under Sec.  
601.2(a) in table 1 of this document. Section 601.5(a) requires a 
licensee to submit to FDA notice of its intention to discontinue 
manufacture of a product or all products. Section 601.6(a) requires the 
licensee to notify selling agents and distributors upon suspension of 
its license, and provide FDA of such notification.
    Section 601.12(a)(2) requires, generally, that the holder of an 
approved BLA must assess the effects of a manufacturing change before 
distributing a biological product made with the change. Section 
601.12(a)(4) requires, generally, that the applicant must promptly 
review all promotional labeling and advertising to make it consistent 
with any labeling changes implemented. Section 601.12(a)(5)

[[Page 5058]]

requires the applicant to include a list of all changes contained in 
the supplement or annual report; for supplements, this list must be 
provided in the cover letter. The burden estimates for Sec.  
601.12(a)(2) are included in the estimates for supplements (Sec.  
601.12(b) and (c)) and annual reports (Sec.  601.12(d)). The burden 
estimates for Sec.  601.12(a)(4) are included in the estimates under 
601.12(f)(4) (Form FDA 2567) in table 1 of this document or OMB control 
number 0910-0001 (expires May 31, 2008) since the required information 
can also be submitted with Form FDA 2253.
    Section 601.12(b)(1) and (b)(3), (c)(1) and (c)(3), (c)(5), and 
(d)(1) and (d)(3) require applicants to follow specific procedures to 
inform FDA of each change, in the product, production process, quality 
controls, equipment, facilities, responsible personnel or labeling 
established in an approved license application. The appropriate 
procedure depends on the potential for the change to have a 
substantial, moderate, or minimal adverse effect on the identity, 
strength, quality, purity, or potency of the products as they may 
relate to the safety or effectiveness of the product. Under Sec.  
601.12(b)(4), an applicant may ask FDA to expedite its review of a 
supplement for public health reasons or if a delay in making the change 
described in it would impose an extraordinary hardship of the 
applicant. The burden estimate for Sec.  601.12(b)(4) is minimal and 
included in the estimate under Sec.  601.12(b)(1) and (b)(3) in table 1 
of this document.
    Section 601.12(e) requires applicants to submit a protocol, or 
change to a protocol, as a supplement requiring FDA approval before 
distributing the product. Section 601.12(f)(1), (f)(2), and (f)(3) 
requires applicants to follow specific procedures to report labeling 
changes to FDA. Section 601.12(f)(4) requires applicants to report to 
FDA advertising and promotional labeling and any changes.
    Under Sec.  601.14, the content of labeling required in Sec.  
201.100(d)(3) (21 CFR 201.100(d)(3)) must be in electronic format and 
in a form that FDA can process, review, and archive. This requirement 
is in addition to the provisions of Sec. Sec.  601.2(a) and 601.12(f). 
The burden estimate for Sec.  601.14 is minimal and included in the 
estimate under Sec.  601.2(a) (BLAs) and 601.12(f)(1), (f)(2), and 
(f)(3) (supplements and annual reports) in table 1 of this document.
    Section 601.45 requires applicants of biological products for 
serious or life-threatening illnesses to submit to the agency for 
consideration, during the pre-approval review period, copies of all 
promotional materials, including promotional labeling as well as 
advertisements.
    In addition to Sec. Sec.  601.2 and 601.12, there are other 
regulations in parts 640, 660, and 680 (21 CFR parts 640, 660, and 680) 
that relate to information to be submitted in a license application or 
supplement for certain blood or allergenic products: Sec. Sec.  640.6, 
640.17, 640.21(c), 640.22(c), 640.25(c), 640.56(c), 640.64(c), 
640.74(a) and (b)(2), 660.51(a)(4), 680.1(b)(2)(iii), and 680.1(d). In 
table 1 of this document, the burden associated with the information 
collection requirements in these regulations is included in the burden 
estimate for Sec.  601.2 and/or Sec.  601.12. A regulation may be 
listed under more than one section of Sec.  601.12 due to the type of 
category under which a change to an approved application may be 
submitted.
    There are also additional container and/or package labeling 
requirements for certain licensed biological products: Sec.  640.70(a) 
for Source Plasma; Sec.  640.74(b)(3) and (b)(4) for Source Plasma 
Liquid; Sec.  640.84(a) and (c) for Albumin; Sec.  640.94(a) for Plasma 
Protein Fraction; Sec.  660.2(c) for Antibody to Hepatitis B Surface 
Antigen; Sec.  660.28(a) and (b) for Blood Grouping Reagent; Sec.  
660.35(a), (c through g), and (i through m) for Reagent Red Blood 
Cells; Sec.  660.45 for Hepatitis B Surface Antigen; and Sec.  
660.55(a) and (b) for Anti-Human Globulin. The burden associated with 
the additional labeling requirements for submission of a license 
application for these certain biological products is minimal because 
the majority of the burden is associated with the requirements under 
Sec.  610.60 through Sec.  610.62 or Sec.  809.10 (21 CFR 809.10). 
Therefore, the burden estimates for these regulations are included in 
the estimate under Sec.  610.60 through Sec.  610.62 in table 1 of this 
document. The burden estimates associated with Sec.  809.10 are 
approved under OMB control number 0910-0485 (expires June 30, 2008).
    Section 601.25(b) requests interested persons to submit, for review 
and evaluation by an advisory review panel, published and unpublished 
data and information pertinent to a designated category of biological 
products that have been licensed prior to July 1, 1972. Section 
601.26(f) requests that licensees submit to FDA a written statement 
intended to show that studies adequate and appropriate to resolve 
questions raised about a biological product have been undertaken for a 
product if designated as requiring further study under the 
reclassification procedures. Under Sec.  601.25(b)(3), FDA estimates no 
burden for this regulation since all requested data and information had 
been submitted by 1974. Under Sec.  601.26(f), FDA estimates no burden 
for this regulation since there are no products designated to require 
further study and none are predicted in the future. However, based on 
the possible reclassification of a product, the labeling for the 
product may need to be revised, or a manufacturer, on its own 
initiative, may deem it necessary for further study. As a result, any 
changes to product labeling would be reported under Sec.  601.12.
    Section 601.27(a) requires that applications for new biological 
products contain data that are adequate to assess the safety and 
effectiveness of the biological product for the claimed indications in 
pediatric subpopulations, and to support dosing and administration 
information. Section 601.27(b) provides that an applicant may request a 
deferred submission of some or all assessments of safety and 
effectiveness required under Sec.  601.27(a). Section 601.27(c) 
provides that an applicant may request a full or partial waiver of the 
requirements under Sec.  601.27(a). The burden estimates for Sec.  
601.27(a) are included in the burden estimate under Sec.  601.2(a) in 
table 1 of this document, since these regulations deal with information 
to be provided in an application.
    Section 601.28 requires sponsors of licensed biological products to 
submit the information in Sec.  601.28(a), (b), and (c) to the Center 
for Biologics Evaluation and Research (CBER) or the Center for Drug 
Evaluation and Research (CDER) each year, within 60 days of the 
anniversary date of approval of the license. Section 601.28(a) requires 
sponsors to submit to FDA a brief summary stating whether labeling 
supplements for pediatric use have been submitted and whether new 
studies in the pediatric population to support appropriate labeling for 
the pediatric population have been initiated. Section 601.28(b) 
requires sponsors to submit to FDA an analysis of available safety and 
efficacy data in the pediatric population and changes proposed in the 
labeling based on this information. Section 601.28(c) requires sponsors 
to submit to FDA a statement on the current status of any postmarketing 
studies in the pediatric population performed by, or on behalf of, the 
applicant. If the postmarketing studies were required or agreed to, the 
status of these studies is to be reported under Sec.  601.70, rather 
than under this section.
    Sections 601.33 through 601.35 clarify the information to be 
submitted in an

[[Page 5059]]

application to FDA to evaluate the safety and effectiveness of in vivo 
radiopharmaceuticals. The burden estimates for Sec. Sec.  601.33 
through 601.35 are included in the burden estimate under Sec.  601.2(a) 
in table 1 of this document, since these regulations deal with 
information to be provided in an application.
    Section 601.70(b) requires each applicant of a licensed biological 
product to submit annually a report to FDA on the status of 
postmarketing studies for each approved product application. Each 
annual postmarketing status report must be accompanied by a completed 
transmittal Form FDA 2252 (approved under OMB control number 0910-
0001). Under Sec.  601.70(d), two copies of the annual report shall be 
submitted to FDA.
    Section 601.91(b)(2)(iii) requires, in certain circumstances, 
postmarketing restrictions as needed to ensure the safe use of the 
biological products distribution conditioned on specified recordkeeping 
requirements. Section 601.91(b)(3) requires applicants to prepare and 
provide labeling with relevant information to patient or potential 
patient for biological products approved under the subpart when human 
efficacy studies are not ethical or feasible (or based on evidence of 
effectiveness from studies in animals). Section 601.93 provides that 
biological products approved under this subpart are subject to the 
postmarketing recordkeeping and safety reporting applicable to all 
approved biological products. Section 601.94 requires applicants under 
this subpart to submit to the agency for consideration during 
preapproval review period copies of all promotional materials including 
promotional labeling as well as advertisements. Under Sec.  601.93, any 
potential postmarketing reports and/or recordkeeping burdens would be 
included under the adverse experience reporting (AER) requirements 
under 21 CFR part 600 (OMB control number 0910-0308; expires May 31, 
2005). Therefore, any burdens associated with these requirements would 
be reported under the AER information collection requirements (OMB 
control number 0910-0308).
    Section 610.11(g)(2) provides that a manufacturer of certain 
biological products may request an exemption from the general safety 
test (GST) requirements contained in this subpart. Under Sec.  
610.11(g)(2), FDA requires only those manufacturers of biological 
products requesting an exemption from the GST to submit additional 
information as part of a license application or supplement to an 
approved license application. Therefore, the burden estimate for Sec.  
610.11(g)(2) is included in the estimate under Sec. Sec.  601.2(a) and 
601.12(b) in table 1 of this document.
    Section 610.67 requires certain biological products to comply with 
the bar code requirements at Sec.  201.25 (21 CFR 201.25). Section 
201.25 is approved under OMB control number 0910-0537 (expires February 
28, 2007).
    Section 680.1(c) requires manufacturers to update annually their 
license file with the list of source materials and the suppliers of the 
materials.
    Sections 600.15(b) and 610.53(d) require the submission of a 
request for an exemption or modification regarding the temperature 
requirements during shipment and from dating periods, respectively, for 
certain biological products. Section 606.110(b) requires the submission 
of a request for approval to perform plasmapheresis of donors who do 
not meet certain donor requirements for the collection of plasma 
containing rare antibodies. Under Sec. Sec.  600.15(b), 610.53(d), and 
606.110(b), a request for an exemption or modification to the 
requirements would be submitted as a supplement. Therefore, the burden 
hours for any submissions under Sec. Sec.  600.15(b), 610.53(d), and 
606.110(b) are included in the estimates under Sec.  601.12(b) in table 
1 of this document.
    In July 1997, FDA revised Form FDA 356h ``Application to Market a 
New Drug, Biologic, or an Antibiotic Drug for Human Use'' to harmonize 
application procedures between CBER and CDER. The application form 
serves primarily as a checklist for firms to gather and submit certain 
information to FDA. The checklist helps to ensure that the application 
is complete and contains all the necessary information, so that delays 
due to lack of information may be eliminated. The form provides key 
information to FDA for efficient handling and distribution to the 
appropriate staff for review. The estimated burden hours for 
submissions to CDER using Form FDA 356h are reported under OMB control 
number 0910-0001.
    Form FDA 2567 ``Transmittal of Labels and Circulars'' is used by 
manufacturers of licensed biological products to submit labeling (e.g., 
circulars, package labels, container labels, etc.) and labeling changes 
for FDA review and approval. The labeling information is submitted with 
the form for license applications, supplements, or as part of an annual 
report. Form FDA 2567 is also used for the transmission of 
advertisements and promotional labeling. Form FDA 2567 serves as an 
easy guide to assure that the manufacturer has provided the information 
required for expeditious handling of their labeling by CBER. For 
advertisements and promotional labeling, manufacturers of licensed 
biological products may submit to CBER either Form FDA 2567 or 2253. 
Form FDA 2253 was previously used only by drug manufacturers regulated 
by CDER. In August 1998, FDA revised and harmonized Form FDA 2253 so 
the form may be used to transmit specimens of promotional labeling and 
advertisements for biological products as well as for prescription 
drugs and antibiotics. The revised, harmonized form updates the 
information about the types of promotional materials and the codes that 
are used to clarify the type of advertisement or labeling submitted; 
clarifies the intended audience for the advertisements or promotional 
labeling (e.g., consumers, professionals, news services); and helps 
ensure that the submission is complete.
    Under table 1 of this document, the number of respondents is based 
on the estimated annual number of manufacturers that submitted the 
required information to FDA or the number of submissions FDA received. 
Based on information obtained from FDA's database systems, there are an 
estimated 306 licensed biologics manufacturers. However, not all 
manufacturers will have any submissions in a given year and some may 
have multiple submissions. The total annual responses are based on the 
estimated number of submissions (i.e., license applications, labeling 
and other supplements, protocols, advertising and promotional labeling, 
notifications) for a particular product received annually by FDA. Based 
on previous estimates, the rate of submissions is not expected to 
change significantly in the next few years. The hours per response are 
based on information provided by industry and past FDA experience with 
the various submissions or notifications. The hours per response 
include the time estimated to prepare the various submissions or 
notifications to FDA, and, as applicable, the time required to fill out 
the appropriate form and collate the documentation. Additional 
information regarding these estimates is provided as follows as 
necessary.
    Under Sec. Sec.  601.2 and 601.12, the estimated hours per response 
are based on the average number of hours to submit the various 
submissions. The estimated average number of hours is based on the 
range of hours to complete a very basic application or supplement

[[Page 5060]]

and a complex application or supplement.
    Under Sec.  601.6(a), the total annual responses are based on FDA 
estimates that establishments may notify an average of 20 selling 
agents and distributors of such suspension, and provide FDA of such 
notification. The number of respondents is based on the estimated 
annual number of suspensions of a biologic license.
    Under Sec. Sec.  601.12(f)(4) and 601.45, manufacturers of 
biological products may use either Form FDA 2567 or Form FDA 2253 to 
submit advertising and promotional labeling. Based on information 
obtained from FDA's database system, there were an estimated 3,600 
submissions of advertising and promotional labeling in fiscal year 
2004. FDA estimates that approximately 15 percent of those submissions 
were received with Form FDA 2567 resulting in an estimated 540 
submissions. The burden hours for the remaining submissions received 
using Form FDA 2253 are reported under OMB control number 0910-0001.
    Under Sec.  601.70(b), FDA estimates that it takes an applicant 
approximately 24 hours (8 hours per study x 3) annually to gather, 
complete, and submit the appropriate information for each postmarketing 
status report (approximately two to four studies per report) and the 
accompanied transmittal Form FDA 2252. Included in these 24 hours is 
the time necessary to prepare and submit two copies of the annual 
progress report of postmarketing studies to FDA under Sec.  601.70(d). 
Under Sec. Sec.  601.91 through 601.94, FDA expects to receive very few 
applications of this nature; however, for calculation purposes, FDA is 
estimating the annual submission of one application. Under Sec. Sec.  
601.93(b)(3) and 601.94, FDA estimates 240 hours for a manufacturer of 
a new biological product to develop patient labeling, and to submit the 
appropriate information and promotional labeling to FDA. The majority 
of the burden for developing the patient labeling is included under the 
reporting requirements for Sec.  601.94, therefore minimal burden is 
calculated for providing the guide to patients under Sec.  
601.91(b)(3).
    There were also 3,540 amendments to an unapproved application or 
supplement and 23 resubmissions (total of 3,563 submissions) submitted 
using Form FDA 356h.
    In the Federal Register of November 2, 2006 (71 FR 64536), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. No comments were received.

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               No. of         Annual Frequency per     Total Annual        Hours per
            21 CFR Section                Form FDA No.       Respondents            Response             Responses          Response       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.2(a)\2\, 610.60, 610.61, and             2567/356h                  14                      2                  28              860           24,080
 610.62\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.5(a)                                            NA                  16                   3.13                  50              .33               17
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.6(a)                                            NA                   1                     21                  21              .33                7
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(a)(5)                                        NA                 190                   15.7               2,983                1            2,983
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(b)(1)/(b)(3)\4\                         356h\2\                 190                   4.75                 903               80           72,240
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(c)(1)/(c)(3)\5\                         356h\2\                  98                   2.60                 255               50           12,750
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(c)(5)                                   356h\2\                  34                   1.38                  47               50            2,350
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(d)(1)/(d)(3)                            356h\2\                 166                   1.37                 227             22.5          5,107.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(e)                                      356h\2\                  14                   1.43                  20              120            2,400
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(f)(1)\6\                                   2567                  12                      1                  12               40              480
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(f)(2)\6\                                   2567                  10                      1                  10               20              200
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(f)(3)\7\                                   2567                  70                   1.43                 100               10            1,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.12(f)(4)/601.45                               2567                  15                     36                 540               10            5,400
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.25(b)(3)                                        NA                   0                      0                   0                0                0
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.26(f)                                           NA                   0                      0                   0                0                0
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.27(b)                                           NA                   3                      1                   3               24               72
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.27(c)                                           NA                   7                      1                   7                8               56
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.28(a), (b), and (c)                             NA                  44                   3.27                 144             33.5            4,824
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.70(b) and (d)                                 2252                  19                   1.58                  30               24              720
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.91(b)(3), 601.94                                NA                   1                      1                   1              240              240
--------------------------------------------------------------------------------------------------------------------------------------------------------
610.67                                              NA                 174                     31               5,400               24          129,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
680.1(c)                                            NA                  10                      1                  10                2               20
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 5061]]

 
Amendments/Resubmissions                          356h                 306                   11.6               3,563               20           71,260
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                   ...............  ..................  .....................  ..................  ...............       335,806.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The reporting requirements under Sec.  Sec.   601.14, 601.27(a), 601.33, 601.34, 601.35, 610.11(g)(2), 640.17, 640.25(c), 640.56(c), 640.74(b)(2),
  660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under Sec.   601.2(a).
\3\ The reporting requirements under Sec.  Sec.   640.70(a), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a) and (b), 660.35(a),
  (c-g), and (i-m), 660.45, and 660.55(a) and (b) are included under Sec.  Sec.   610.60 through 610.62.
\4\ The reporting requirements under Sec.  Sec.   600.15(b), 610.11(g)(2), 610.53(d), 606.110(b), 640.6, 640.17, 640.21(c), 640.22(c), 640.25(c),
  640.56(c), 640.64(c), 640.74(a) and (b)(2), and 680.1(d) are included in the estimate under Sec.   601.12(b)
\5\ The reporting requirements under Sec.  Sec.   640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate under Sec.   601.12(c).
\6\ The reporting requirement under Sec.   601.14 is included in the estimate under Sec.   601.12(f)(1) and (f)(2).
\7\ The reporting requirement under Sec.   601.14 is included in the estimate under Sec.   601.12(f)(3).

    Under Table 2, the estimated recordkeeping burden of 1 hour is 
based on previous estimates for the recordkeeping requirements 
associated with the AER system.

                                Table 2--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
                       No. of         Annual Frequency per     Total Annual        Hours per
 21 CFR Section     Recordkeepers        Recordkeeping            Records            Record        Total Hours
----------------------------------------------------------------------------------------------------------------
601.91(b)(2)(ii                  1                      1                   1                1                1
 i)
----------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.


    Dated: January 26, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. E7-1741 Filed 2-1-07; 8:45 am]
BILLING CODE 4160-01-S
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