Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Draft Guidance, Emergency Use Authorization of Medical Products, 51285-51287 [E9-24048]

Download as PDF 51285 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices demographic questions will be included. The form will ask participants to report demographic information, education, profession, field of study, status of certification or licensure, workplace role, and employment setting. Follow-up Form for Training: The Follow-up Information Form for Training asks about 25 questions of about 25% of consenting participants. The approved form asks the participants to report satisfaction with, usefulness of, and quality of the training and training materials as well as to assess their level of skills in the topic area. The form also asks participants to report whether or not they have shared information from the event at their place of work and which, if any, barriers they have encountered to applying the information gained from the training. This form is already approved by OMB and will not be revised (OMB #0930–0216). The information collected on the ATTC forms will assist CSAT in documenting the numbers and types of participants in ATTC events, describing Number of respondents Type of respondent Faculty/staff Event Description Form ............................................................... Meeting and Technical Assistance Participants: Post-Event Form ....................................................................................... Follow-up Form ......................................................................................... Responses per respondent 250 Hours per response 1 30,000 7,500 Total ................................................................................................... 42,750 Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 7–1044, One Choke Cherry Road, Rockville, MD 20857 and e-mail her a copy at summer.king@samhsa.hhs.gov. Written comments should be received within 60 days of this notice. Dated: September 28, 2009. Elaine Parry, Director, Office of Program Services. [FR Doc. E9–24017 Filed 10–5–09; 8:45 am] BILLING CODE 4162–20–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. FDA–2009–N–0163] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Draft Guidance, Emergency Use Authorization of Medical Products AGENCY: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. SUPPLEMENTARY INFORMATION: 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. VerDate Nov<24>2008 16:15 Oct 05, 2009 Jkt 220001 DATES: Fax written comments on the collection of information by November 5, 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_submission@omb.eop.gov. All comments should be identified with the OMB Control Number 0910–0595. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3794, JonnaLynn.Capezzuto@fda.hhs.gov. Food and Drug Administration Draft Guidance, Emergency Use Authorization of Medical Products— (OMB Control Number 0910–0595)— Extension The draft guidance describes the agency’s general recommendations and procedures for issuance of emergency use authorizations (EUA) under section 564 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. PO 00000 Frm 00033 Fmt 4703 .25 Total annual burden hours 62.50 5,000 1 .12 600 Covered under CSAT Government Performance and Results Act (GPRA) Customer Satisfaction form (OMB #0930–0197) Training Participants: Post-Event Form ....................................................................................... Follow-up Form ......................................................................................... jlentini on DSKJ8SOYB1PROD with NOTICES the extent to which participants report improvement in their clinical competency, and which method is most effective in disseminating knowledge to various audiences. This type of information is crucial to support CSAT in complying with GPRA reporting requirements and will inform future development of knowledge dissemination activities. The chart below summarizes the annualized burden for this project. Sfmt 4703 1 1 .16 .16 4,800 1,200 6,662.50 360bbb–3), which was amended by the Project BioShield Act of 2004 (Pub. L. 108–276). The act permits the FDA Commissioner (the Commissioner) to authorize the use of unapproved medical products or unapproved uses of approved medical products during an emergency declared under section 564 of the act. The data to support issuance of an EUA must demonstrate that, based on the totality of the scientific evidence available to the Commissioner, including data from adequate and wellcontrolled clinical trials (if available), it is reasonable to believe that the product may be effective in diagnosing, treating, or preventing a serious or lifethreatening disease or condition (21 U.S.C. 360bbb–3(c)). Although the exact type and amount of data needed to support an EUA may vary depending on the nature of the declared emergency and the nature of the candidate product, FDA recommends that a request for consideration for an EUA include scientific evidence evaluating the product’s safety and effectiveness, including the adverse event profile for diagnosis, treatment, or prevention of the serious or life-threatening disease or condition, as well as data and other information on safety, effectiveness, risks and benefits, and (to the extent available) alternatives. Under section 564 of the act, the FDA Commissioner may establish conditions on the approval of an EUA. Section 564(e) requires the FDA Commissioner (to the extent practicable given the E:\FR\FM\06OCN1.SGM 06OCN1 51286 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices circumstances of the emergency) to establish certain conditions on an authorization that the Commissioner finds necessary or appropriate to protect the public health and permits the FDA Commissioner to establish other conditions that he finds necessary or appropriate to protect the public health. Conditions authorized by section 564(e) of the act include, for example: Requirements for information dissemination to health care providers or authorized dispensers and product recipients; adverse event monitoring and reporting; data collection and analysis; recordkeeping and records access; restrictions on product advertising, distribution, and administration; and limitations on good manufacturing practices requirements. Some conditions, the statute specifies, are mandatory to the extent practicable for authorizations of unapproved products and discretionary for authorizations of unapproved uses of approved products. Moreover, some conditions may apply to manufacturers of an EUA product, while other conditions may apply to any person who carries out any activity for which the authorization is issued. Section 564 of the act also gives the FDA Commissioner authority to establish other conditions on an authorization that he finds to be necessary or appropriate to protect the public health. For purposes of estimating the burden of reporting, FDA has established six categories of respondents: (1) Those who file a Request for Consideration for an EUA and, in lieu of submitting the data, provide reference to a pending or approved application; (2) those who file a Request for Consideration for an EUA, without reference to a pending or approved application; (3) those who submit pre-EUA submissions to FDA on a candidate EUA product, which references a pending or approved application; (4) those who submit preEUA submissions to FDA on a candidate EUA product, for which there is no reference to a pending or approved application; (5) manufacturers of an unapproved EUA product who must report to FDA regarding such activity; and (6) state and local public health officials who carry out an activity related to an unapproved EUA product (e.g., administering the product to recipients) and who must report to FDA regarding such activity. For purposes of estimating the burden of recordkeeping, FDA has calculated the anticipated burden on manufacturers of unapproved products authorized for emergency use. FDA also anticipates that some state and local public health officials may be required to perform additional recordkeeping (e.g., related to the administration of unapproved EUA products to civilians) and calculated a recordkeeping burden for those activities. No burden was attributed to reporting or recordkeeping for unapproved uses of approved products, since those products already are subject to approved collections of information (adverse experience reporting for biological products is approved under OMB Control No. 0910–0308 through September 30, 2011; adverse drug experience reporting is approved under OMB Control No. 0910–0230 through July 31, 2012; investigational new drug application regulations are approved under OMB Control No. 0910–0014 through August 31, 2011; and investigational device exemption reporting is approved under OMB Control Number 0910–0078 through January 31, 2010). Thus, FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Requests for Consideration; Pending Application on File 5 2 10 15 150 Requests for Consideration; No Application Pending 4 2 8 50 400 Pre-EUA Submissions; Pending Application on File 2 2 4 20 80 Pre-EUA Submissions; No Application Pending 11 2 22 75 1,650 Manufacturers of an Unapproved EUA Product 3 4 12 2 24 State and Local Public Health Officials; Unapproved EUA Product 30 4 360 2 240 Total 1 There 2,544 are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED RECORDKEEPING ANNUAL BURDEN1 jlentini on DSKJ8SOYB1PROD with NOTICES No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total Hours Manufacturers of an Unapproved EUA Product 3 4 12 25 300 State and Local Public Health Officials; Unapproved EUA Product 30 4 120 3 360 VerDate Nov<24>2008 16:15 Oct 05, 2009 Jkt 220001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 51287 TABLE 2.—ESTIMATED RECORDKEEPING ANNUAL BURDEN1—Continued No. of Recordkeepers Annual Frequency per Recordkeeping Total Annual Records Hours per Record Total 660 1 There are no capital costs or operating and maintenance costs associated with this collection of information. The annual burden estimate for this information collection is 3,204 hours. The estimated reporting burden for this collection is 2,544 hours, and the estimated recordkeeping burden is 660 hours. In the Federal Register of April 20, 2009 (74 FR 17962), FDA published a 60-day notice requesting public comment on the proposed collection of information. No comments were received. However, in the period of time since the 60-day notice was drafted, there was a determination of public health emergency involving the 2009 H1N1 virus and multiple declarations supporting the issuance of EUAs. As a result of this increased activity and the likelihood of a continued increase in the number of EUA and pre-EUA submissions, on its own initiative, FDA is providing estimates based on the number of reports that the agency received in the past year. Dated: September 29, 2009. David Horowitz, Assistant Commissioner for Policy. [FR Doc. E9–24048 Filed 10–5–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–N–0465] Agency Information Collection Activities; Proposed Collection; Comment Request; Food Additive Petitions AGENCY: Food and Drug Administration, HHS. jlentini on DSKJ8SOYB1PROD with NOTICES ACTION: Total Hours Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the 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 VerDate Nov<24>2008 16:15 Oct 05, 2009 Jkt 220001 public comment in response to the notice. This notice solicits comments on food additive petitions regarding animal feed. DATES: Submit written or electronic comments on the collection of information by December 7, 2009. ADDRESSES: Submit electronic comments on the collection of information to https://www. regulations.gov. Submit written comments on the collection of information to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the 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: 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 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 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. Food Additive Petitions—21 CFR Part 571 (OMB Control Number 0910– 0546)—Extension Section 409(a) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 348(a)) provides that a food additive shall be deemed to be unsafe unless its use is permitted by a regulation which prescribes the condition(s) under which it may safely be used, or unless it is exempted by regulation for investigational use. Section 409(b) of the act specifies the information that must be submitted by a petition in order to establish the safety of a food additive and to secure the issuance of a regulation permitting its use. To implement the provision of section 409 of the act, procedural regulations have been issued under part 571 (21 CFR part 571). These procedural regulations are designed to specify more thoroughly the information that must be submitted to meet the requirement set down in broader terms by the law. The regulations add no substantive requirements to those indicated in the law, but seek to explain the requirements and provide a standard format for submission of petitions, that when implemented, will speed up the time for processing. Labeling requirements for food additives intended for animal consumption are also set forth in various regulations contained in 21 CFR parts 573, 582, and 584. The labeling regulations are considered by FDA to be crossreferenced to § 571.1, which is the subject of this same OMB clearance for food additive petitions. FDA estimates the burden of this collection of information as follows: E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Pages 51285-51287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24048]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0163]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Draft Guidance, 
Emergency Use Authorization of Medical Products

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 
November 5, 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_submission@omb.eop.gov. All 
comments should be identified with the OMB Control Number 0910-0595. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of 
Information Management (HFA-710), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-796-3794, 
JonnaLynn.Capezzuto@fda.hhs.gov.

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

Draft Guidance, Emergency Use Authorization of Medical Products--(OMB 
Control Number 0910-0595)--Extension

    The draft guidance describes the agency's general recommendations 
and procedures for issuance of emergency use authorizations (EUA) under 
section 564 of the Federal Food, Drug, and Cosmetic Act (the act) (21 
U.S.C. 360bbb-3), which was amended by the Project BioShield Act of 
2004 (Pub. L. 108-276). The act permits the FDA Commissioner (the 
Commissioner) to authorize the use of unapproved medical products or 
unapproved uses of approved medical products during an emergency 
declared under section 564 of the act. The data to support issuance of 
an EUA must demonstrate that, based on the totality of the scientific 
evidence available to the Commissioner, including data from adequate 
and well-controlled clinical trials (if available), it is reasonable to 
believe that the product may be effective in diagnosing, treating, or 
preventing a serious or life-threatening disease or condition (21 
U.S.C. 360bbb-3(c)). Although the exact type and amount of data needed 
to support an EUA may vary depending on the nature of the declared 
emergency and the nature of the candidate product, FDA recommends that 
a request for consideration for an EUA include scientific evidence 
evaluating the product's safety and effectiveness, including the 
adverse event profile for diagnosis, treatment, or prevention of the 
serious or life-threatening disease or condition, as well as data and 
other information on safety, effectiveness, risks and benefits, and (to 
the extent available) alternatives.
    Under section 564 of the act, the FDA Commissioner may establish 
conditions on the approval of an EUA. Section 564(e) requires the FDA 
Commissioner (to the extent practicable given the

[[Page 51286]]

circumstances of the emergency) to establish certain conditions on an 
authorization that the Commissioner finds necessary or appropriate to 
protect the public health and permits the FDA Commissioner to establish 
other conditions that he finds necessary or appropriate to protect the 
public health. Conditions authorized by section 564(e) of the act 
include, for example: Requirements for information dissemination to 
health care providers or authorized dispensers and product recipients; 
adverse event monitoring and reporting; data collection and analysis; 
recordkeeping and records access; restrictions on product advertising, 
distribution, and administration; and limitations on good manufacturing 
practices requirements. Some conditions, the statute specifies, are 
mandatory to the extent practicable for authorizations of unapproved 
products and discretionary for authorizations of unapproved uses of 
approved products. Moreover, some conditions may apply to manufacturers 
of an EUA product, while other conditions may apply to any person who 
carries out any activity for which the authorization is issued. Section 
564 of the act also gives the FDA Commissioner authority to establish 
other conditions on an authorization that he finds to be necessary or 
appropriate to protect the public health.
    For purposes of estimating the burden of reporting, FDA has 
established six categories of respondents: (1) Those who file a Request 
for Consideration for an EUA and, in lieu of submitting the data, 
provide reference to a pending or approved application; (2) those who 
file a Request for Consideration for an EUA, without reference to a 
pending or approved application; (3) those who submit pre-EUA 
submissions to FDA on a candidate EUA product, which references a 
pending or approved application; (4) those who submit pre-EUA 
submissions to FDA on a candidate EUA product, for which there is no 
reference to a pending or approved application; (5) manufacturers of an 
unapproved EUA product who must report to FDA regarding such activity; 
and (6) state and local public health officials who carry out an 
activity related to an unapproved EUA product (e.g., administering the 
product to recipients) and who must report to FDA regarding such 
activity.
    For purposes of estimating the burden of recordkeeping, FDA has 
calculated the anticipated burden on manufacturers of unapproved 
products authorized for emergency use. FDA also anticipates that some 
state and local public health officials may be required to perform 
additional recordkeeping (e.g., related to the administration of 
unapproved EUA products to civilians) and calculated a recordkeeping 
burden for those activities.
    No burden was attributed to reporting or recordkeeping for 
unapproved uses of approved products, since those products already are 
subject to approved collections of information (adverse experience 
reporting for biological products is approved under OMB Control No. 
0910-0308 through September 30, 2011; adverse drug experience reporting 
is approved under OMB Control No. 0910-0230 through July 31, 2012; 
investigational new drug application regulations are approved under OMB 
Control No. 0910-0014 through August 31, 2011; and investigational 
device exemption reporting is approved under OMB Control Number 0910-
0078 through January 31, 2010). Thus, FDA estimates the burden of this 
collection of information as follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
                   Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
Requests for                    5                     2                 10                 15                150
 Consideration
 ; Pending
 Application
 on File
----------------------------------------------------------------------------------------------------------------
Requests for                    4                     2                  8                 50                400
 Consideration
 ; No
 Application
 Pending
----------------------------------------------------------------------------------------------------------------
Pre-EUA                         2                     2                  4                 20                 80
 Submissions;
 Pending
 Application
 on File
----------------------------------------------------------------------------------------------------------------
Pre-EUA                        11                     2                 22                 75              1,650
 Submissions;
 No
 Application
 Pending
----------------------------------------------------------------------------------------------------------------
Manufacturers                   3                     4                 12                  2                 24
 of an
 Unapproved
 EUA Product
----------------------------------------------------------------------------------------------------------------
State and                      30                     4                360                  2                240
 Local Public
 Health
 Officials;
 Unapproved
 EUA Product
----------------------------------------------------------------------------------------------------------------
Total                                                                                                      2,544
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                               Table 2.--Estimated Recordkeeping Annual Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual
                  Recordkeepers      per Recordkeeping        Records       Hours per  Record     Total Hours
----------------------------------------------------------------------------------------------------------------
Manufacturers                   3                     4                 12                 25                300
 of an
 Unapproved
 EUA Product
----------------------------------------------------------------------------------------------------------------
State and                      30                     4                120                  3                360
 Local Public
 Health
 Officials;
 Unapproved
 EUA Product
----------------------------------------------------------------------------------------------------------------

[[Page 51287]]

 
Total                                                                                                        660
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The annual burden estimate for this information collection is 3,204 
hours. The estimated reporting burden for this collection is 2,544 
hours, and the estimated recordkeeping burden is 660 hours.
    In the Federal Register of April 20, 2009 (74 FR 17962), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. No comments were received. However, in the 
period of time since the 60-day notice was drafted, there was a 
determination of public health emergency involving the 2009 H1N1 virus 
and multiple declarations supporting the issuance of EUAs. As a result 
of this increased activity and the likelihood of a continued increase 
in the number of EUA and pre-EUA submissions, on its own initiative, 
FDA is providing estimates based on the number of reports that the 
agency received in the past year.

    Dated: September 29, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-24048 Filed 10-5-09; 8:45 am]
BILLING CODE 4160-01-S
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