Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles, 2598-2599 [E9-782]

Download as PDF 2598 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices EXHIBIT 3—ESTIMATED COST—Continued Cost component Total cost Annualized cost Data Processing and Analysis ................................................................................................................................. Publication of Results .............................................................................................................................................. Project Management ................................................................................................................................................ Overhead ................................................................................................................................................................. 70,569 41,420 68,908 76,320 47,046 27,613 45,939 50,880 Total .................................................................................................................................................................. 399,961 266,641 Request for Comments In accordance with the above-cited Paperwork Reduction Act legislation, comments on AHRQ’s information collection are requested with regard to any of the following: (a) Whether the proposed collection of information is necessary for the proper performance of AHRQ’s health care research and health care information dissemination functions, including whether the information will have practical utility; (b) the accuracy of AHRQ’s estimate of burden (including hours and costs) of the proposed collection(s) of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information upon the respondents, including the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and included in the Agency’s subsequent request for OMB approval of the proposed information collection. All comments will become a matter of public record. Dated: December 30, 2008. Carolyn M. Clancy, Director. [FR Doc. E9–537 Filed 1–14–09; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration jlentini on PROD1PC65 with NOTICES [Docket No. FDA–2008–N–0543] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles AGENCY: ACTION: Food and Drug Administration, Notice. VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr.,Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3793. 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. Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles—21 CFR Part 514 (OMB Control Number 0910–0575)—Extension BILLING CODE 4160–90–M HHS. 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 February 17, 2009. 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, or e-mailed to oira_submissions@OMB.eop.gov. All comments should be identified with the OMB control number 0910–0575. Also include the FDA docket number found in brackets in the heading of this document. The Center for Veterinary Medicine has written this guidance to address a perceived need for agency guidance in its work with the animal health industry. This guidance describes the procedures that the agency recommends for the review of requests for waiver of in vivo demonstration of bioequivalence for generic soluble powder oral dosage form products and Type A medicated articles. The Generic Animal Drug and Patent Term Registration Act of 1988 permitted the generic drug manufacturers to copy those pioneer drug products that were PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 no longer subject to patent or other marketing exclusivity protection. The approval for marketing these generic products is based, in part, upon a demonstration of bioequivalence between the generic product and the pioneer product. This guidance clarifies circumstances under which FDA believes the demonstration of bioequivalence required by the statute does not need to be established on the basis of in vivo studies for soluble powder oral dosage form products and Type A medicated articles. The data submitted in support of the waiver request are necessary to validate the waiver decision. The requirement to establish bioequivalence through in vivo studies (blood level bioequivalence or clinical endpoint bioequivalence) may be waived for soluble powder oral dosage form products or Type A medicated articles in either of two alternative ways. A biowaiver may be granted if it can be shown that the generic soluble powder oral dosage form product or Type A medicated article contains the same active and inactive ingredient(s) and is produced using the same manufacturing processes as the approved comparator product or article. Alternatively, a biowaiver may be granted without direct comparison to the pioneer product’s formulation and manufacturing process if it can be shown that the active pharmaceutical ingredient(s) (API) is the same as the pioneer product, is soluble, and that there are no ingredients in the formulation likely to cause adverse pharmacologic effects. For the purpose of evaluating soluble powder oral dosage form products and Type A medicated articles, solubility can be demonstrated in one of two ways: (1) ‘‘USP definition’’ approach or (2) ‘‘Dosage adjusted’’ approach. In the Federal Register of October 29, 2008 (73 FR 64338), FDA published a 60-day notice requesting public comment on the information collection provisions. No comments were received. FDA estimates the burden of this collection of information as follows: E:\FR\FM\15JAN1.SGM 15JAN1 2599 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Notices TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN FOR WATER SOLUBLE POWDERS1 No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Same formulation/manufacturing process approach 1 1 1 5 5 Same API/solubility approach 5 5 5 10 50 Total burden hours 1 There 55 are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED ANNUAL REPORTING BURDEN FOR TYPE A MEDICATED ARTICLES1 No. of Respondents Same formulation/manufacturing process approach Annual Frequency of Responses Total Annual Responses Hours per Response 2 2 2 5 10 10 Same API/solubility approach 10 10 20 200 Total burden hours 1 There 210 are no capital costs or operating and maintenance costs associated with this collection of information. The sources of the previous data are records of generic drug applications over the past 10 years. Dated: January 8, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–782 Filed 1–14–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Guidance for Clinical Investigators, Sponsors, and Institutional Review Boards on Adverse Event Reporting— Improving Human Subject Protection; Availability Food and Drug Administration, HHS. jlentini on PROD1PC65 with NOTICES ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry entitled ‘‘Adverse Event Reporting— Improving Human Subject Protection.’’ This guidance is intended to assist the research community in interpreting requirements for submitting reports of unanticipated problems, including certain adverse events reports, to institutional review boards (IRBs). FDA developed this guidance in response to concerns raised by the IRB community that increasingly large volumes of individual, unanalyzed adverse event VerDate Nov<24>2008 18:58 Jan 14, 2009 Jkt 217001 reports are inhibiting, rather than enhancing, the ability of IRBs to adequately protect human subjects. The guidance provides recommendations to IRBs, sponsors, and investigators on improving the usefulness of the adverse event information submitted to IRBs. Elsewhere in this issue of the Federal Register, FDA is issuing the final rule entitled ‘‘Institutional Review Boards; Registration Requirements.’’ DATES: Submit written or electronic comments on agency guidances at any time. Submit written requests for single copies of the guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993–0002. Send one self-addressed adhesive label to assist that office in processing your requests. Submit written comments on the guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. ADDRESSES: [Docket No. FDA–2007–D–0202] (formerly Docket No. 2007D–0106) AGENCY: Total Hours FOR FURTHER INFORMATION CONTACT: Joseph Griffin, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 301–796–2270, e-mail: Joseph.Griffin@fda.hhs.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 I. Background FDA is announcing the availability of a guidance for clinical investigators, sponsors, and IRBs entitled ‘‘Adverse Event Reporting—Improving Human Subject Protection.’’ Under the regulations in 21 CFR part 50 (Protection of Human Subjects), part 56 (21 CFR part 56) (Institutional Review Boards), part 312 (21 CFR part 312) (Investigational New Drug Application), and part 812 (21 CFR part 812) (Investigational Device Exemptions), an IRB must review and approve a clinical study before the study is initiated. Additionally, after an IRB’s initial review and approval, an IRB must conduct continuing review of the study at intervals appropriate to the degree of risk presented by the study, at least annually. The primary purpose of both the initial review of a study and the periodic review of the conduct of the study is to ensure the protection of the rights and welfare of human subjects. To do its job, an IRB must be informed of any unanticipated problems in the study and any changes in the research activity. This guidance discusses adverse event reporting to IRBs by sponsors and investigators and emphasizes the value of well-analyzed adverse event data to an IRB review. A notice announcing the draft version of this guidance published in the Federal Register on April 9, 2007 (72 FR 17562). After carefully considering all received comments, the agency is finalizing that guidance. The draft and the final have relatively minor substantive differences. The recommendations section in the final E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Notices]
[Pages 2598-2599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-782]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0543]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Waiver of In Vivo 
Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral 
Dosage Form Products and Type A Medicated Articles

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 
February 17, 2009.

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, or e-mailed to oira_submissions@OMB.eop.gov. All 
comments should be identified with the OMB control number 0910-0575. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr.,Office of 
Information Management (HFA-710), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-796-3793.

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.

Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in 
Soluble Powder Oral Dosage Form Products and Type A Medicated 
Articles--21 CFR Part 514 (OMB Control Number 0910-0575)--Extension

    The Center for Veterinary Medicine has written this guidance to 
address a perceived need for agency guidance in its work with the 
animal health industry. This guidance describes the procedures that the 
agency recommends for the review of requests for waiver of in vivo 
demonstration of bioequivalence for generic soluble powder oral dosage 
form products and Type A medicated articles.
    The Generic Animal Drug and Patent Term Registration Act of 1988 
permitted the generic drug manufacturers to copy those pioneer drug 
products that were no longer subject to patent or other marketing 
exclusivity protection. The approval for marketing these generic 
products is based, in part, upon a demonstration of bioequivalence 
between the generic product and the pioneer product. This guidance 
clarifies circumstances under which FDA believes the demonstration of 
bioequivalence required by the statute does not need to be established 
on the basis of in vivo studies for soluble powder oral dosage form 
products and Type A medicated articles. The data submitted in support 
of the waiver request are necessary to validate the waiver decision.
    The requirement to establish bioequivalence through in vivo studies 
(blood level bioequivalence or clinical endpoint bioequivalence) may be 
waived for soluble powder oral dosage form products or Type A medicated 
articles in either of two alternative ways. A biowaiver may be granted 
if it can be shown that the generic soluble powder oral dosage form 
product or Type A medicated article contains the same active and 
inactive ingredient(s) and is produced using the same manufacturing 
processes as the approved comparator product or article. Alternatively, 
a biowaiver may be granted without direct comparison to the pioneer 
product's formulation and manufacturing process if it can be shown that 
the active pharmaceutical ingredient(s) (API) is the same as the 
pioneer product, is soluble, and that there are no ingredients in the 
formulation likely to cause adverse pharmacologic effects. For the 
purpose of evaluating soluble powder oral dosage form products and Type 
A medicated articles, solubility can be demonstrated in one of two 
ways: (1) ``USP definition'' approach or (2) ``Dosage adjusted'' 
approach.
    In the Federal Register of October 29, 2008 (73 FR 64338), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

[[Page 2599]]



                    Table 1.--Estimated Annual Reporting Burden for Water Soluble Powders\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
                   Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Same                            1                     1                  1                  5                  5
 formulation/
 manufacturing
 process
 approach
----------------------------------------------------------------------------------------------------------------
Same API/                       5                     5                  5                 10                 50
 solubility
 approach
----------------------------------------------------------------------------------------------------------------
Total burden hours                                                                                            55
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                  Table 2.--Estimated Annual Reporting Burden for Type A Medicated Articles\1\
----------------------------------------------------------------------------------------------------------------
                      No. of       Annual Frequency  of     Total Annual        Hours per
                   Respondents           Responses           Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Same                            2                     2                  2                  5                 10
 formulation/
 manufacturing
 process
 approach
----------------------------------------------------------------------------------------------------------------
Same API/                      10                    10                 10                 20                200
 solubility
 approach
----------------------------------------------------------------------------------------------------------------
Total burden hours                                                                                           210
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The sources of the previous data are records of generic drug 
applications over the past 10 years.

    Dated: January 8, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-782 Filed 1-14-09; 8:45 am]
BILLING CODE 4160-01-S
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