Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Antimicrobial Animal Drug Distribution Reports Under Section 105 of the Animal Drug User Fee Amendments of 2008, 7272-7274 [2010-3029]

Download as PDF 7272 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued Section of the Federal Food, Drug, and Cosmetic Act No. of Respondents Annual Frequency per Response Total Annual Respondents Hours per Response Total Hours 520(m)(6)(A)(iii) 1 1 1 100 100 520(m)(6)(C) 5 1 5 100 500 Total WReier-Aviles on DSKGBLS3C1PROD with NOTICES 1 There 1,250 are no capital costs or operating and maintenance costs associated with this collection of information. FDA based these estimates on the number of original HDE applications that the Center for Devices and Radiological Health (CDRH) received for the period October 1, 2004, through September 30, 2007. During that time, CDRH received 16 original HDE applications or about 5 per year. FDA estimates that for each year, CDRH will receive five HDE applications and that three of these applications will be indicated for pediatric use. One HDE holder will notify the agency that the number of devices distributed in the year has exceeded the ADN and five HDE holders will petition to have the ADN modified due to additional information on the number of individuals affected by the disease of condition. The draft guidance refers also to previously approved collections of information found in FDA regulations. The collections of information in 21 CFR part 803 have been approved under OMB control number 0910–0437; the collections of information in 21 CFR part 812 have been approved under OMB control number 0910–0078; the collections of information in 21 CFR part 807, subpart E, have been approved under OMB control number 0910–0120; the collections of information in 21 CFR part 814, subparts A, B, and C, have been approved under OMB control number 0910–0231; the collection of information in 21 CFR parts 50 and 56 have been approved under OMB control number 0910–0130; the collections of information in 21 CFR part 820 have been approved under OMB control number 0910–0073; the collections of information in 21 CFR part 814, subpart H, have been approved under OMB control number 0910–0332; and the collection of information requirements in 21 CFR 10.30 have been approved under OMB control number 0910–0183. Dated: February 4, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2010–3030 Filed 2–17–10; 8:45 am] BILLING CODE 4160–01–S VerDate Nov<24>2008 14:39 Feb 17, 2010 Jkt 220001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–N–0512] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Antimicrobial Animal Drug Distribution Reports Under Section 105 of the Animal Drug User Fee Amendments of 2008 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 22, 2010. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or e-mailed to oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910—NEW and title ‘‘Antimicrobial Animal Drug Distribution Reports Under Section 105 of the Animal Drug User Fee Amendments of 2008.’’ 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, Food and Drug Administration, 1350 Piccard Dr., PI50– 400B, Rockville, MD 20850, 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. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Antimicrobial Animal Drug Distribution Reports Under Section 105 of the Animal Drug User Fee Amendments of 2008—(OMB Control Number 0910–NEW)—Extension Section 105 of the Animal Drug User Fee Amendments of 2008 (ADUFA) amended section 512 of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360b) to require that the sponsor of each new animal drug that contains an antimicrobial agent submit an annual report to FDA on the amount of each antimicrobial active ingredient in the drug that is sold or distributed for use in food-producing animals, including information on any distributor-labeled product. The legislation was enacted to address the problem of antimicrobial resistance, and to help ensure that FDA has the necessary information to examine safety concerns related to the use of antibiotics in food-producing animals (154 Congressional Record H7534). Each report must specify: (1) The amount of each antimicrobial active ingredient by container size, strength, and dosage form; (2) quantities distributed domestically and quantities exported; and (3) a listing of the target animals, indications, and production classes that are specified on the approved label of the product. The first report must be submitted not later than March 31, 2010. The report must cover the period of the preceding calendar year and include separate information for each month of the calendar year. The reports required under section 105 of ADUFA are required to be separate from periodic drug experience reports that are required under § 514.80(b)(4) (21 CFR § 514.80(b)(4) (OMB Control No. 0910– 0284). In the Federal Register of October 26, 2009 (74FR 55046), FDA published a 60day notice requesting public comment on the proposed collection of information. FDA received comments from two organizations. Both commenters supported the information collection and stated that the data to be collected would be useful in addressing E:\FR\FM\18FEN1.SGM 18FEN1 7273 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices the problem of antimicrobial resistance. However, both comments suggested that more extensive measures are necessary to address this problem. For example, one of the comments stated that the practical utility of the data would be broadened in conjunction with a larger federal monitoring effort requiring manufacturers to report uses of their products in all food animal products, which would involve collecting data from end users such as veterinarians and animal owners. The other comment stated that the information collection would not be sufficient to show how much of each class of antimicrobial is sold for use in different types of food animals, and recommended that FDA collect distribution data on medicated feeds for this purpose because feeds are specific to animal species and class. The comment also recommended that FDA require all data to be submitted through a Web-based application directly into a form created by FDA, and that FDA create a publically accessible database that allows searches by drug class, dose form, and marketing status. FDA has considered the comments, but at this time we have decided to only require the submission of information that is expressly required to be submitted by section 512(l)(3) of the act. We are pursuing notice and comment rulemaking to codify these requirements, during which time we will assess any additional data requirements. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 FD&C Act Section 512(l)(3) No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours Capital Cost Annual Reports for Sponsors with Active Applications 29 6.7 194 80 15,520 Annual Reports for Sponsors with Inactive Applications 23 4.0 92 1 92 Total 1 There 15,612 $107,880 $107,880 are no operating and maintenance costs associated with this collection of information. TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1 FD&C Act Section 512(l)(3) No. of Respondents All Applicants Annual Frequency of Recordkeeping 34 Total Annual Records 1 Hours per Record 34 2 Total WReier-Aviles on DSKGBLS3C1PROD with NOTICES 1 There Total Hours 68 68 are no capital costs or operating and maintenance costs associated with this collection of information. The reporting burden estimates, including the total number of annual responses, are based on the number of sponsors and approved applications for antimicrobial drug products in foodproducing animals. The annual frequency of responses was calculated as the total annual responses divided by the number of respondents. The agency arrived at the estimates for reporting as follows: There are 34 sponsors with approved applications for antimicrobial drugs for food-producing animals. There are 29 animal drug manufacturers with 194 approved applications for antimicrobial drugs for food-producing animals for which the drugs are being actively marketed (active applications). Additionally, there are 93 approved applications for antimicrobial drugs for food-producing animals for which the drugs are not being marketed (inactive applications), owned by 23 animal drug manufacturers. Regarding the reporting burden associated with the collection of information, FDA believes that the large VerDate Nov<24>2008 14:39 Feb 17, 2010 Jkt 220001 majority of the burden will be incurred by industry in the first year in which reporting is required to design a report that meets the requirements of section 512(l)(3) of the act. The agency has estimated this burden at 80 hours per applicant with active applications. The agency has factored into this estimate the time it will take industry to identify and locate the necessary information within existing records, and to develop a report that complies with section 512(l)(3) of the act. Once this has been accomplished, FDA believes that the process for producing reports in subsequent years will essentially be automated, and that it will take approximately 3 hours to run a report that satisfies the act’s requirements. For sponsors of approved applications that are inactive (i.e., the approved drug is not being marketed), the sponsor would only have to submit a report stating that the drug is not being marketed, which FDA estimates will take approximately 1 hour. FDA has developed a form to report the information required by section PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 512(l)(3) of the act. FDA plans to make the form available to animal drug manufacturers through FDA’s Web site, however, use of the form would be entirely voluntary. The form contains various fields for information, including the drug manufacturer’s name, NADA number, active ingredient name, National Drug Code number, container size, potency, and the number of units sold by month. The animal drug manufacturers can meet the statutory requirements by submitting their information in paper format using either the FDA-provided form or one of their own design or by designing their own electronic form whose results could be submitted to the agency on a compact disc or on paper. The cost to animal drug sponsors for gathering the necessary information for report design and preparation or for completing FDA’s form in the first year of reporting is $107,880 (29 active sponsors x 80 hours x $46.50 per hour = $107,880). This is a one-time cost for a computer or mathematic employees to design and prepare a report that satisfies E:\FR\FM\18FEN1.SGM 18FEN1 7274 Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Notices the statutory requirements of section 512(l)(3) of the act.1 For subsequent years, the preparation of the report should take approximately 3 hours. Thus, the total cost in subsequent years would be $139.50. Regarding the recordkeeping burden associated with this collection of information, FDA believes that most of the necessary information for the annual report required to be submitted under section 512(l)(3) of the act is already collected and maintained by animal drug manufacturers under existing requirements. Animal drug manufacturers are already required to maintain distribution records for their drug products to comply with FDA’s current good manufacturing practice regulations under § 211.196 (21 CFR § 211.96) (OMB Control No. 0910–0139), and to comply with regulations for periodic drug experience reports under § 514.80(b)(4)(i) (OMB Control No. 0910–0284). Therefore, FDA believes that manufacturers of animal drugs already possess the computers, software, and additional equipment necessary to collect and maintain the necessary records and to make reports. Section 512(l)(3) of the act differs from § 514.80(b)(4)(i) in that it requires that records include separate information for each month of the calendar year. Under § 211.196 (OMB Control No. 0910–0139), manufacturers currently are required to maintain distribution records that include the dosage form and date the drug is distributed. Additionally, FDA believes that manufacturers already keep detailed records of the dates when antimicrobial drugs are distributed for marketing and recall purposes from which monthly reports can be prepared as part of their usual and customary practice. However, FDA estimates an additional hourly burden required by section 512(l)(3) of the act as shown in table 2 of this document. Dated: February 4, 2010. Leslie Kux, Acting Assistant Commissioner for Policy. WReier-Aviles on DSKGBLS3C1PROD with NOTICES [FR Doc. 2010–3029 Filed 2–17–10; 8:45 am] BILLING CODE 4160–01–S 1 BLS Occupation Employment and Wages, May 2006, by occupation, for all industries (https:// www.bls.gov). Wage ($46.50) includes mean hourly wage of $33.22 for Standard Occupational Classification 15–0000, computer and mathematics occupations, all industries; we add 40 percent to account for benefits. VerDate Nov<24>2008 16:37 Feb 17, 2010 Jkt 220001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2004–N–0390] (formerly Docket No. 2004N–0503) Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance on Consultation Procedures: Foods Derived From New Plant Varieties AGENCY: Food and Drug Administration, HHS. ACTION: 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 and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection provisions of FDA’s consultation procedures for foods derived from new plant varieties, including the information collection provisions in the guidance entitled ‘‘Consultation Procedures: Foods Derived From New Plant Varieties,’’ and in Form FDA 3665 entitled ‘‘Final Consultation For Food Derived From a New Plant Variety (Biotechnology Final Consultation),’’ which developers may use to prepare the final consultation in a standard format. DATES: Submit written or electronic comments on the collection of information by April 19, 2010. 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, Food and Drug Administration, 1350 Piccard Dr., PI50– 400B, Rockville, MD 20850, 301–796– 3793. 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 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 before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility; (2) the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. In the Federal Register of November 24, 2004 (69 FR 68379), FDA published a previous 60day notice requesting public comment on this proposed collection of information. FDA is publishing this notice to update comments. Comments previously submitted to the Division of Dockets Management do not need to be resubmitted because all such comments that are responsive to the comment request will be summarized and responded to in the Information Collection Request, i.e. 30-day notice, submitted to OMB. Guidance on Consultation Procedures: Foods Derived From New Plant Varieties Since 1992, when FDA issued its Statement of Policy: Foods Derived from New Plant Varieties (the 1992 policy) (57 FR 22984, May 29, 1992), FDA has encouraged developers of new plant varieties, including those varieties that are developed through biotechnology, to consult with FDA during the plant development process to discuss possible scientific and regulatory issues that might arise. In the 1992 policy, FDA explained that, under the Federal Food, Drug, and Cosmetic Act (the act), developers of new foods (in this E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 75, Number 32 (Thursday, February 18, 2010)]
[Notices]
[Pages 7272-7274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3029]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0512]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Antimicrobial Animal 
Drug Distribution Reports Under Section 105 of the Animal Drug User Fee 
Amendments of 2008

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 
22, 2010.

ADDRESSES:  To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or e-mailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910--NEW and 
title ``Antimicrobial Animal Drug Distribution Reports Under Section 
105 of the Animal Drug User Fee Amendments of 2008.'' 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, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 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.

Antimicrobial Animal Drug Distribution Reports Under Section 105 of the 
Animal Drug User Fee Amendments of 2008--(OMB Control Number 0910-
NEW)--Extension

    Section 105 of the Animal Drug User Fee Amendments of 2008 (ADUFA) 
amended section 512 of the Federal Food, Drug, and Cosmetic Act (the 
act) (21 U.S.C. 360b) to require that the sponsor of each new animal 
drug that contains an antimicrobial agent submit an annual report to 
FDA on the amount of each antimicrobial active ingredient in the drug 
that is sold or distributed for use in food-producing animals, 
including information on any distributor-labeled product. The 
legislation was enacted to address the problem of antimicrobial 
resistance, and to help ensure that FDA has the necessary information 
to examine safety concerns related to the use of antibiotics in food-
producing animals (154 Congressional Record H7534).
    Each report must specify: (1) The amount of each antimicrobial 
active ingredient by container size, strength, and dosage form; (2) 
quantities distributed domestically and quantities exported; and (3) a 
listing of the target animals, indications, and production classes that 
are specified on the approved label of the product.
    The first report must be submitted not later than March 31, 2010. 
The report must cover the period of the preceding calendar year and 
include separate information for each month of the calendar year. The 
reports required under section 105 of ADUFA are required to be separate 
from periodic drug experience reports that are required under Sec.  
514.80(b)(4) (21 CFR Sec.  514.80(b)(4) (OMB Control No. 0910-0284).
    In the Federal Register of October 26, 2009 (74FR 55046), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received comments from two 
organizations. Both commenters supported the information collection and 
stated that the data to be collected would be useful in addressing

[[Page 7273]]

the problem of antimicrobial resistance. However, both comments 
suggested that more extensive measures are necessary to address this 
problem. For example, one of the comments stated that the practical 
utility of the data would be broadened in conjunction with a larger 
federal monitoring effort requiring manufacturers to report uses of 
their products in all food animal products, which would involve 
collecting data from end users such as veterinarians and animal owners. 
The other comment stated that the information collection would not be 
sufficient to show how much of each class of antimicrobial is sold for 
use in different types of food animals, and recommended that FDA 
collect distribution data on medicated feeds for this purpose because 
feeds are specific to animal species and class. The comment also 
recommended that FDA require all data to be submitted through a Web-
based application directly into a form created by FDA, and that FDA 
create a publically accessible database that allows searches by drug 
class, dose form, and marketing status. FDA has considered the 
comments, but at this time we have decided to only require the 
submission of information that is expressly required to be submitted by 
section 512(l)(3) of the act. We are pursuing notice and comment 
rulemaking to codify these requirements, during which time we will 
assess any additional data requirements.
    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
       FD&C Act  Section 512(l)(3)            Respondents         per Response          Responses           Response       Total  Hours    Capital  Cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Reports for Sponsors with Active                   29                   6.7                194                 80          15,520        $107,880
 Applications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Reports for Sponsors with Inactive                 23                   4.0                 92                  1              92  ..............
 Applications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                                                                                             15,612        $107,880
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no operating and maintenance costs associated with this collection of information.


                               Table 2.--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
   FD&C Act
    Section           No. of        Annual Frequency of     Total Annual    Hours per  Record     Total Hours
   512(l)(3)       Respondents         Recordkeeping          Records
----------------------------------------------------------------------------------------------------------------
All Applicants                 34                     1                 34                  2                 68
----------------------------------------------------------------------------------------------------------------
Total                                                                                                         68
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The reporting burden estimates, including the total number of 
annual responses, are based on the number of sponsors and approved 
applications for antimicrobial drug products in food-producing animals. 
The annual frequency of responses was calculated as the total annual 
responses divided by the number of respondents.
    The agency arrived at the estimates for reporting as follows: There 
are 34 sponsors with approved applications for antimicrobial drugs for 
food-producing animals. There are 29 animal drug manufacturers with 194 
approved applications for antimicrobial drugs for food-producing 
animals for which the drugs are being actively marketed (active 
applications). Additionally, there are 93 approved applications for 
antimicrobial drugs for food-producing animals for which the drugs are 
not being marketed (inactive applications), owned by 23 animal drug 
manufacturers.
    Regarding the reporting burden associated with the collection of 
information, FDA believes that the large majority of the burden will be 
incurred by industry in the first year in which reporting is required 
to design a report that meets the requirements of section 512(l)(3) of 
the act. The agency has estimated this burden at 80 hours per applicant 
with active applications. The agency has factored into this estimate 
the time it will take industry to identify and locate the necessary 
information within existing records, and to develop a report that 
complies with section 512(l)(3) of the act. Once this has been 
accomplished, FDA believes that the process for producing reports in 
subsequent years will essentially be automated, and that it will take 
approximately 3 hours to run a report that satisfies the act's 
requirements. For sponsors of approved applications that are inactive 
(i.e., the approved drug is not being marketed), the sponsor would only 
have to submit a report stating that the drug is not being marketed, 
which FDA estimates will take approximately 1 hour.
    FDA has developed a form to report the information required by 
section 512(l)(3) of the act. FDA plans to make the form available to 
animal drug manufacturers through FDA's Web site, however, use of the 
form would be entirely voluntary. The form contains various fields for 
information, including the drug manufacturer's name, NADA number, 
active ingredient name, National Drug Code number, container size, 
potency, and the number of units sold by month.
    The animal drug manufacturers can meet the statutory requirements 
by submitting their information in paper format using either the FDA-
provided form or one of their own design or by designing their own 
electronic form whose results could be submitted to the agency on a 
compact disc or on paper. The cost to animal drug sponsors for 
gathering the necessary information for report design and preparation 
or for completing FDA's form in the first year of reporting is $107,880 
(29 active sponsors x 80 hours x $46.50 per hour = $107,880). This is a 
one-time cost for a computer or mathematic employees to design and 
prepare a report that satisfies

[[Page 7274]]

the statutory requirements of section 512(l)(3) of the act.\1\ For 
subsequent years, the preparation of the report should take 
approximately 3 hours. Thus, the total cost in subsequent years would 
be $139.50.
---------------------------------------------------------------------------

    \1\ BLS Occupation Employment and Wages, May 2006, by 
occupation, for all industries (https://www.bls.gov). Wage ($46.50) 
includes mean hourly wage of $33.22 for Standard Occupational 
Classification 15-0000, computer and mathematics occupations, all 
industries; we add 40 percent to account for benefits.
---------------------------------------------------------------------------

    Regarding the recordkeeping burden associated with this collection 
of information, FDA believes that most of the necessary information for 
the annual report required to be submitted under section 512(l)(3) of 
the act is already collected and maintained by animal drug 
manufacturers under existing requirements.
    Animal drug manufacturers are already required to maintain 
distribution records for their drug products to comply with FDA's 
current good manufacturing practice regulations under Sec.  211.196 (21 
CFR Sec.  211.96) (OMB Control No. 0910-0139), and to comply with 
regulations for periodic drug experience reports under Sec.  
514.80(b)(4)(i) (OMB Control No. 0910-0284). Therefore, FDA believes 
that manufacturers of animal drugs already possess the computers, 
software, and additional equipment necessary to collect and maintain 
the necessary records and to make reports.
    Section 512(l)(3) of the act differs from Sec.  514.80(b)(4)(i) in 
that it requires that records include separate information for each 
month of the calendar year. Under Sec.  211.196 (OMB Control No. 0910-
0139), manufacturers currently are required to maintain distribution 
records that include the dosage form and date the drug is distributed. 
Additionally, FDA believes that manufacturers already keep detailed 
records of the dates when antimicrobial drugs are distributed for 
marketing and recall purposes from which monthly reports can be 
prepared as part of their usual and customary practice. However, FDA 
estimates an additional hourly burden required by section 512(l)(3) of 
the act as shown in table 2 of this document.

    Dated: February 4, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-3029 Filed 2-17-10; 8:45 am]
BILLING CODE 4160-01-S
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