Revised Draft Guidance for Industry on User Fee Waivers, Reductions, and Refunds for Drug and Biological Products; Availability, 13629-13631 [2011-5737]
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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices
Acculturation: A Systematic Review of
Public Health Studies With Hispanic
Population in the United States,’’ Social
Science & Medicine, 69: 983–991, 2009.
Dated: March 4, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–5736 Filed 3–11–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–D–0112]
Draft Guidance for Industry on
Chemistry, Manufacturing, and
Controls Information—FermentationDerived Intermediates, Drug
Substances, and Related Drug
Products for Veterinary Medicinal Use;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a draft guidance for
industry #216 entitled ‘‘Chemistry,
Manufacturing, and Controls (CMC)
Information—Fermentation-Derived
Intermediates, Drug Substances, and
Related Drug Products for Veterinary
Medicinal Use’’. The purpose of this
document is to provide
recommendations on what
documentation to submit to support the
CMC information for fermentationderived intermediates, drug substances,
and related drug products for veterinary
medicinal use.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by May 30, 2011.
ADDRESSES: Submit written requests for
single copies of the guidance to the
Communications Staff (HFV–12), Center
for Veterinary Medicine (CVM), Food
and Drug Administration, 7519 Standish
Pl., Rockville, MD 20855. Send one selfaddressed adhesive label to assist that
office in processing your requests. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the draft
guidance document.
Submit electronic comments on the
draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:20 Mar 11, 2011
Jkt 223001
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Michael J. Popek, Center for Veterinary
Medicine (HFV–144), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–8269, email: michael.popek@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry #216
entitled ‘‘Chemistry, Manufacturing, and
Controls (CMC) Information—
Fermentation-Derived Intermediates,
Drug Substances, and Related Drug
Products for Veterinary Medicinal Use.’’
This draft guidance provides
recommendations on what
documentation to submit to support the
CMC information for fermentationderived intermediates, drug substances,
and related drug products for veterinary
medicinal use. This information is filed
to CVM in a new animal drug
application (NADA), conditional NADA,
investigational new animal drug file,
abbreviated NADA, generic
investigational new animal drug file,
drug master file, or veterinary master
file.
II. Significance of Guidance
This level 1 draft guidance is being
issued consistent with FDA’s good
guidance practices regulation (21 CFR
10.115). The draft guidance, when
finalized, will represent the Agency’s
current thinking on this topic. It does
not create or confer any rights for or on
any person and does not operate to bind
FDA or the public. An alternative
approach may be used if such approach
satisfies the requirements of the
applicable statutes and regulations.
III. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
this draft guidance have been approved
under OMB control number 0910–0032
(expiration date April 30, 2011).
IV. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
13629
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
V. Electronic Access
Persons with access to the Internet
may obtain the draft guidance at either
https://www.fda.gov/AnimalVeterinary/
GuidanceComplianceEnforcement/
GuidanceforIndustry/default.htm or
https://www.regulations.gov.
Dated: March 8, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–5816 Filed 3–11–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–D–0108]
Revised Draft Guidance for Industry on
User Fee Waivers, Reductions, and
Refunds for Drug and Biological
Products; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a revised draft guidance
for industry entitled ‘‘User Fee Waivers,
Reductions, and Refunds for Drug and
Biological Products.’’ This revised draft
guidance provides recommendations to
applicants considering whether to
request a waiver or reduction in user
fees. This guidance is a revision of the
draft guidance entitled ‘‘Draft Interim
Guidance Document for Waivers of and
Reductions in User Fees,’’ issued July
16, 1993.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
written or electronic comments on the
draft guidance by June 13, 2011.
Submit written comments on the
proposed collection of information by
May 13, 2011.
ADDRESSES: Submit written requests for
single copies of the revised draft
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,
SUMMARY:
E:\FR\FM\14MRN1.SGM
14MRN1
13630
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
MD 20993–0002 or the Office of
Communication, Outreach, and
Development (HFM–40), Center for
Biologics Evaluation and Research
(CBER), Food and Drug Administration,
1401 Rockville Pike, suite 200N,
Rockville, MD 20852–1448. Send one
self-addressed adhesive label to assist
that office in processing your requests.
Submit electronic comments on the
revised draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. See the
SUPPLEMENTARY INFORMATION section for
electronic access to the draft guidance
document.
FOR FURTHER INFORMATION CONTACT:
Michael Jones, Office of Regulatory
Policy, Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Avenue, Bldg. 51, rm. 6216, Silver
Spring, MD 20993–0002, 301–796–3602,
or Stephen Ripley, Center for Biologics
Evaluation and Research, 1401
Rockville Pike, suite 200N, Rockville,
MD 20852–1448, 301–827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a revised draft guidance for industry
entitled ‘‘User Fee Waivers, Reductions,
and Refunds for Drug and Biological
Products.’’ This revised draft guidance
provides recommendations for
applicants planning to request waivers
or reductions in user fees assessed
under sections 735 and 736 of the
Federal Food, Drug, and Cosmetic Act
(the FD&C Act). This revised draft
guidance describes the types of waivers
and reductions permitted under the user
fee provisions of the FD&C Act, and the
procedures for submitting requests for
waivers or reductions and requests for
reconsideration and appeal. The revised
draft guidance also provides
clarification on related issues such as
user fee exemptions for orphan drugs.
After comments are received and
considered, FDA intends to promptly
issue a final guidance.
This revised draft guidance is being
issued consistent with FDA’s good
guidance practices regulation (21 CFR
10.115). The draft guidance, when
finalized, will represent the agency’s
current thinking on user fee waivers and
reductions for drug products. It does not
create or confer any rights for or on any
VerDate Mar<15>2010
16:20 Mar 11, 2011
Jkt 223001
person and does not operate to bind
FDA or the public. An alternative
approach may be used if such approach
satisfies the requirements of the
applicable statutes and regulations.
II. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995 (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 that 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 for each proposed
collection of information before
submitting the collection to OMB for
approval. To comply with this
requirement, FDA is publishing this
notice of the proposed collection of
information set forth in this document.
With respect to the collection of
information associated with this draft
guidance, FDA invites comments on the
following topics: (1) Whether the
proposed information collected is
necessary for the proper performance of
FDA’s functions, including whether the
information will have practical utility;
(2) the accuracy of FDA’s estimated
burden of the proposed information
collected, including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility, and
clarity of the information collected; and
(4) ways to minimize the burden of
information collected on the
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
The draft guidance describes how to
submit requests for waivers, reductions,
and refunds of certain user fees. It also
includes recommendations for
submitting information for requests for
reconsideration of denials of waiver or
reduction requests, and for requests for
appeals. We estimate that the total
annual number of waiver requests
submitted for all of these categories will
be 90, submitted by 75 different
sponsors. We estimate that the average
burden hours for preparation of a
submission will total 16 hours. Because
FDA may request additional information
from the applicant during the review
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
period, we have also included in this
estimate time to prepare any additional
information.
The reconsideration and appeal
requests are not addressed in the FD&C
Act but are discussed in the draft
guidance. We estimate that we will
receive three requests for
reconsideration annually, and that the
total average burden hours for a
reconsideration request will be 24
hours. We estimate that we will receive
one request annually for an appeal of a
user fee waiver determination, and that
the time needed to prepare an appeal
would be approximately 12 hours.
Reconsideration requests are sent to the
Associate Director for Policy at the
Center for Drug Evaluation and Research
(CDER), and requests for appeals are
sent to the User Fee Appeals Officer at
FDA, with a copy to the Associate
Director for Policy at CDER. We have
also included in this estimate both the
time needed to prepare the request for
appeal and the time needed to create
and send a copy of the request for an
appeal to the Associate Director for
Policy at CDER.
The burden for filling out and
submitting Form FDA 3397
(Prescription Drug User Fee Coversheet)
has not been included in the burden
analysis, because that information
collection is already approved by OMB
under OMB control number 0910–0297.
The collections of information
associated with a new drug application
or biologics license application have
been approved under OMB control
numbers 0910–0001 and 0910–0338,
respectively.
We have included in the burden
estimate the preparation and submission
of application fee waivers for small
businesses, because small businesses
requesting a waiver must submit
documentation to FDA on the number of
their employees and must include the
information that the application is the
first human drug application, within the
meaning of the FD&C Act, to be
submitted to the Agency for approval.
Because the Small Business
Administration (SBA) makes the size
determinations for FDA, small
businesses must also submit
information to the SBA. The submission
of information to SBA is already
approved by OMB under OMB control
number 3245–0101. FDA estimates the
burden of this collection of information
as follows:
E:\FR\FM\14MRN1.SGM
14MRN1
13631
Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Total number
of waiver
requests
annually
Annual
frequency per
response
Number of
sponsors/
applicants
Total average
burden hours
Total hours
Federal Food, Drug, and Cosmetic Act Section 736 ..........
Reconsideration Requests ...................................................
Appeal Requests ..................................................................
90
3
1
1.2
1
1
75
3
1
16
24
12
1,440
72
12
Total ..............................................................................
........................
........................
........................
........................
1,524
1 There
are no capital operating and maintenance costs associated with this collection of information.
III. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
IV. Electronic Access
Dated: March 4, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–5737 Filed 3–11–11; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2004–N–0451]
Food and Drug Administration
Modernization Act of 1997:
Modifications to the List of Recognized
Standards, Recognition List Number:
026
mstockstill on DSKH9S0YB1PROD with NOTICES
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing a
publication containing modifications
the Agency is making to the list of
standards FDA recognizes for use in
premarket reviews (FDA recognized
SUMMARY:
VerDate Mar<15>2010
16:20 Mar 11, 2011
Submit written or electronic
comments concerning this document at
any time. See section VII of this
document for the effective date of the
recognition of standards announced in
this document.
DATES:
Submit written requests for
single copies of ‘‘Modifications to the
List of Recognized Standards,
Recognition List Number: 026’’ to the
Division of Small Manufacturers,
International and Consumer Assistance,
Center for Devices and Radiological
Health, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 66,
Silver Spring, MD 20993. Send two selfaddressed adhesive labels to assist that
office in processing your requests, or fax
your request to 301–847–8149. Submit
written comments concerning this
document, or recommendations for
additional standards for recognition, to
the contact person (see FOR FURTHER
INFORMATION CONTACT). Submit
electronic comments by e-mail:
standards@cdrh.fda.gov. This document
may also be accessed on FDA’s Internet
site at https://www.fda.gov/
MedicalDevices/
DeviceRegulationandGuidance/
Standards/ucm123792.htm. See section
VI of this document for electronic access
to the searchable database for the
current list of FDA recognized
consensus standards, including
Recognition List Number: 026
modifications and other standards
related information.
ADDRESSES:
Persons with access to the Internet
may obtain the document at either
https://www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm, https://www.fda.
gov.BiologicsBloodVaccines/Guidance
ComplianceRegulatoryInformation/
guidances/default.htm, or https://
www.regulations.gov.
AGENCY:
consensus standards). This publication,
entitled ‘‘Modifications to the List of
Recognized Standards, Recognition List
Number: 026’’ (Recognition List
Number: 026), will assist manufacturers
who elect to declare conformity with
consensus standards to meet certain
requirements for medical devices.
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
Carol L. Herman, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 3632, Silver Spring,
MD 20993, 301–796–6574.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
I. Background
Section 204 of the Food and Drug
Administration Modernization Act of
1997 (FDAMA) (Pub. L. 105–115)
amended section 514 of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 360d). Amended
section 514 allows FDA to recognize
consensus standards developed by
international and national organizations
for use in satisfying portions of device
premarket review submissions or other
requirements.
In a notice published in the Federal
Register of February 25, 1998 (63 FR
9561), FDA announced the availability
of a guidance entitled ‘‘Recognition and
Use of Consensus Standards.’’ The
notice described how FDA would
implement its standard recognition
program and provided the initial list of
recognized standards.
Modifications to the initial list of
recognized standards, as published in
the Federal Register, are identified in
Table 1 as follows:
TABLE 1—PREVIOUS PUBLICATIONS OF
STANDARD RECOGNITION LISTS
February 25, 1998 (63 FR 9561).
October 16, 1998 (63 FR 55617).
July 12, 1999 (64 FR 37546).
November 15, 2000 (65 FR 69022).
May 7, 2001 (66 FR 23032).
January 14, 2002 (67 FR 1774).
October 2, 2002 (67 FR 61893).
April 28, 2003 (68 FR 22391).
March 8, 2004 (69 FR 10712).
June 18, 2004 (69 FR 34176).
October 4, 2004 (69 FR 59240).
May 27, 2005 (70 FR 30756).
November 8, 2005 (70 FR 67713).
March 31, 2006 (71 FR 16313).
June 23, 2006 (71 FR 36121).
November 3, 2006 (71 FR 64718).
May 21, 2007 (72 FR 28500).
September 12, 2007 (72 FR 52142).
December 19, 2007 (72 FR 71924).
September 9, 2008 (73 FR 52358).
March, 18, 2009 (74 FR 11586).
September 8, 2009 (74 FR 46203).
May 5, 2010 (75 FR 24711).
June 10, 2010 (75 FR 32943).
October 4, 2010 (75 FR 61148).
E:\FR\FM\14MRN1.SGM
14MRN1
Agencies
[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Notices]
[Pages 13629-13631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5737]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2011-D-0108]
Revised Draft Guidance for Industry on User Fee Waivers,
Reductions, and Refunds for Drug and Biological Products; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a revised draft guidance for industry entitled ``User
Fee Waivers, Reductions, and Refunds for Drug and Biological
Products.'' This revised draft guidance provides recommendations to
applicants considering whether to request a waiver or reduction in user
fees. This guidance is a revision of the draft guidance entitled
``Draft Interim Guidance Document for Waivers of and Reductions in User
Fees,'' issued July 16, 1993.
DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by June 13, 2011.
Submit written comments on the proposed collection of information
by May 13, 2011.
ADDRESSES: Submit written requests for single copies of the revised
draft 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,
[[Page 13630]]
MD 20993-0002 or the Office of Communication, Outreach, and Development
(HFM-40), Center for Biologics Evaluation and Research (CBER), Food and
Drug Administration, 1401 Rockville Pike, suite 200N, Rockville, MD
20852-1448. Send one self-addressed adhesive label to assist that
office in processing your requests.
Submit electronic comments on the revised draft guidance to https://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. See the SUPPLEMENTARY INFORMATION
section for electronic access to the draft guidance document.
FOR FURTHER INFORMATION CONTACT: Michael Jones, Office of Regulatory
Policy, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Avenue, Bldg. 51, rm. 6216, Silver
Spring, MD 20993-0002, 301-796-3602, or Stephen Ripley, Center for
Biologics Evaluation and Research, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448, 301-827-6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a revised draft guidance for
industry entitled ``User Fee Waivers, Reductions, and Refunds for Drug
and Biological Products.'' This revised draft guidance provides
recommendations for applicants planning to request waivers or
reductions in user fees assessed under sections 735 and 736 of the
Federal Food, Drug, and Cosmetic Act (the FD&C Act). This revised draft
guidance describes the types of waivers and reductions permitted under
the user fee provisions of the FD&C Act, and the procedures for
submitting requests for waivers or reductions and requests for
reconsideration and appeal. The revised draft guidance also provides
clarification on related issues such as user fee exemptions for orphan
drugs. After comments are received and considered, FDA intends to
promptly issue a final guidance.
This revised draft guidance is being issued consistent with FDA's
good guidance practices regulation (21 CFR 10.115). The draft guidance,
when finalized, will represent the agency's current thinking on user
fee waivers and reductions for drug products. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.
II. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (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 that
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 for each proposed collection of
information before submitting the collection to OMB for approval. To
comply with this requirement, FDA is publishing this notice of the
proposed collection of information set forth in this document.
With respect to the collection of information associated with this
draft guidance, FDA invites comments on the following topics: (1)
Whether the proposed information collected is necessary for the proper
performance of FDA's functions, including whether the information will
have practical utility; (2) the accuracy of FDA's estimated burden of
the proposed information collected, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information collected; and (4) ways to
minimize the burden of information collected on the respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
The draft guidance describes how to submit requests for waivers,
reductions, and refunds of certain user fees. It also includes
recommendations for submitting information for requests for
reconsideration of denials of waiver or reduction requests, and for
requests for appeals. We estimate that the total annual number of
waiver requests submitted for all of these categories will be 90,
submitted by 75 different sponsors. We estimate that the average burden
hours for preparation of a submission will total 16 hours. Because FDA
may request additional information from the applicant during the review
period, we have also included in this estimate time to prepare any
additional information.
The reconsideration and appeal requests are not addressed in the
FD&C Act but are discussed in the draft guidance. We estimate that we
will receive three requests for reconsideration annually, and that the
total average burden hours for a reconsideration request will be 24
hours. We estimate that we will receive one request annually for an
appeal of a user fee waiver determination, and that the time needed to
prepare an appeal would be approximately 12 hours. Reconsideration
requests are sent to the Associate Director for Policy at the Center
for Drug Evaluation and Research (CDER), and requests for appeals are
sent to the User Fee Appeals Officer at FDA, with a copy to the
Associate Director for Policy at CDER. We have also included in this
estimate both the time needed to prepare the request for appeal and the
time needed to create and send a copy of the request for an appeal to
the Associate Director for Policy at CDER.
The burden for filling out and submitting Form FDA 3397
(Prescription Drug User Fee Coversheet) has not been included in the
burden analysis, because that information collection is already
approved by OMB under OMB control number 0910-0297. The collections of
information associated with a new drug application or biologics license
application have been approved under OMB control numbers 0910-0001 and
0910-0338, respectively.
We have included in the burden estimate the preparation and
submission of application fee waivers for small businesses, because
small businesses requesting a waiver must submit documentation to FDA
on the number of their employees and must include the information that
the application is the first human drug application, within the meaning
of the FD&C Act, to be submitted to the Agency for approval. Because
the Small Business Administration (SBA) makes the size determinations
for FDA, small businesses must also submit information to the SBA. The
submission of information to SBA is already approved by OMB under OMB
control number 3245-0101. FDA estimates the burden of this collection
of information as follows:
[[Page 13631]]
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Total number
of waiver Annual Number of Total average
requests frequency per sponsors/ burden hours Total hours
annually response applicants
----------------------------------------------------------------------------------------------------------------
Federal Food, Drug, and Cosmetic 90 1.2 75 16 1,440
Act Section 736................
Reconsideration Requests........ 3 1 3 24 72
Appeal Requests................. 1 1 1 12 12
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 1,524
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital operating and maintenance costs associated with this collection of information.
III. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
It is only necessary to send one set of comments. It is no longer
necessary to send two copies of mailed comments. Identify comments with
the docket number found in brackets in the heading of this document.
Received comments may be seen in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.
IV. Electronic Access
Persons with access to the Internet may obtain the document at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov.BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/guidances/default.htm, or
https://www.regulations.gov.
Dated: March 4, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-5737 Filed 3-11-11; 8:45 am]
BILLING CODE 4160-01-P