Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles, 15764-15765 [2012-6391]

Download as PDF 15764 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices collection of information to OMB for review and clearance. Filing Objections and Requests for a Hearing on a Regulation or Order—21 CFR Part 12 (OMB Control Number 0910–0184)—Extension The regulations in 21 CFR 12.22, issued under section 701(e)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(e)(2)), set forth the instructions for filing objections and requests for a hearing on a regulation or order under § 12.20(d) (21 CFR 12.20(d)). Objections and requests must be submitted within the time specified in § 12.20(e). Each objection, for which a hearing has been requested, must be separately numbered and specify the provision of the regulation or the proposed order. In addition, each objection must include a detailed description and analysis of the factual information and any other document, with some exceptions, supporting the objection. Failure to include this information constitutes a waiver of the right to a hearing on that objection. FDA uses the description and analysis to determine whether a hearing request is justified. The description and analysis may be used only for the purpose of determining whether a hearing has been justified under § 12.24 (21 CFR 12.24) and do not limit the evidence that may be presented if a hearing is granted. Respondents to this information collection are those parties that may be adversely affected by an order or regulation. In accordance with 5 CFR 1320.8(d), FDA published a 60-day notice for public comment in the Federal Register of September 9, 2011 (76 FR 55922), to which the Agency received two comments. However, these comments did not address the information collection. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 12.22 ..................................................................................... 1 There Dated: March 12, 2012. Leslie Kux, Acting Assistant Commissioner for Policy. [FR Doc. 2012–6393 Filed 3–15–12; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. FDA–2011–N–0747] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles mstockstill on DSK4VPTVN1PROD with NOTICES 1 Food and Drug Administration, HHS. Notice. The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget SUMMARY: VerDate Mar<15>2010 17:10 Mar 15, 2012 Jkt 226001 (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by April 16, 2012. 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 emailed to oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–0575. Also include the FDA docket number found in brackets in the heading of this document. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Food and Drug Administration ACTION: 3 Average burden per response Total annual responses 3 20 Total hours 60 are no capital costs or operating and maintenance costs associated with this collection of information. The burden estimate for this collection of information is based on past filings. Agency personnel responsible for processing the filing of objections and requests for a public hearing on a specific regulation or order estimate approximately three requests are received by the Agency annually, with each requiring approximately 20 hours of preparation time. AGENCY: Number of responses per respondent Number of respondents 21 CFR Section Juanmanuel Vilela, Office of Information Management, Food and Drug Administration, 1350 Piccard Dr., PI50–400B, Rockville, MD 20850, 301– 796–7651, Juanmanuel.vilela@fda.hhs.gov. 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: Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles—21 CFR 514.1(b)(7) and (b)(8) (OMB Control Number 0910–0575)— Extension The Center for Veterinary Medicine has written this guidance to address a PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 perceived need for Agency guidance in its work with the animal health industry. This guidance describes the procedures that the Agency recommends for the review of requests for waiver of in vivo demonstration of bioequivalence for generic soluble powder oral dosage form products and Type A medicated articles. The Generic Animal Drug and Patent Term Registration Act of 1988 (Pub. L. 100–670) permitted generic drug manufacturers to copy those pioneer drug products that were no longer subject to patent or other marketing exclusivity protection. The approval for marketing these generic products is based, in part, upon a demonstration of bioequivalence between the generic product and pioneer product. This guidance clarifies circumstances under which FDA believes the demonstration of bioequivalence required by the statute does not need to be established on the basis of in vivo studies for soluble powder oral dosage form products and Type A medicated articles. The data submitted in support of the waiver request are necessary to validate the waiver decision. The requirement to establish bioequivalence through in vivo studies (blood level bioequivalence or clinical endpoint bioequivalence) may be waived for soluble powder oral dosage form products or Type A medicated articles in either of two alternative ways. A biowaiver may be granted if it can be shown that the generic soluble powder oral dosage form product or Type A medicated article contains the same active and inactive E:\FR\FM\16MRN1.SGM 16MRN1 15765 Federal Register / Vol. 77, No. 52 / Friday, March 16, 2012 / Notices ingredient(s) and is produced using the same manufacturing processes as the approved comparator product or article. Alternatively, a biowaiver may be granted without direct comparison to the pioneer product’s formulation and manufacturing process if it can be shown that the active pharmaceutical ingredient(s) (API) is the same as the pioneer product, is soluble, and that there are no ingredients in the formulation likely to cause adverse pharmacologic effects. For the purpose of evaluating soluble powder oral dosage form products and Type A medicated articles, solubility can be demonstrated in one of two ways: ‘‘USP definition’’ approach or ‘‘Dosage adjusted’’ approach. The respondents for this collection of information are pharmaceutical companies manufacturing animal drugs. FDA estimates the burden for this collection of information as follows in tables 1 and 2 of this document. The source of the above data is records of generic drug applications over the past 10 years. In the Federal Register of October 24, 2011 (76 FR 65733), FDA published a 60-day notice requesting public comment on the proposed collection of information. FDA received one comment, which, however, did not address the questions posed in 60-day notice regarding the collection of information. The comment supported the bioequivalence program but suggested a revision to the determination of bioequivalence, which relates to the substance of the scientific recommendations in the guidance document. Under FDA’s good guidance practices regulations (21 CFR 10.115(f)(4)), the public may suggest at anytime that FDA revise a guidance document and under 21 CFR 10.115(g)(5), FDA will revise guidance documents in response to comments when appropriate. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN FOR WATER SOLUBLE POWDERS 1 Number of responses per respondent Number of respondents Average burden per response Total annual responses Total hours Same formulation/manufacturing process approach ........... Same API/solubility approach .............................................. 1 5 1 5 1 5 5 10 5 50 Total burden hours ....................................................... ........................ ........................ ........................ ........................ 55 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN FOR TYPE A MEDICATED ARTICLES 1 Number of respondents Number of responses per respondent Average burden per response Total annual responses Total hours Same formulation/manufacturing process approach ........... Same API/solubility approach .............................................. 2 10 2 10 2 10 5 20 10 200 Total burden hours ....................................................... ........................ ........................ ........................ ........................ 210 1 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: March 8, 2012. Leslie Kux, Acting Assistant Commissioner for Policy. standards FDA recognizes for use in premarket reviews (FDA recognized consensus standards). This publication, entitled ‘‘Modifications to the List of Recognized Standards, Recognition List Number: 028’’ (Recognition List Number: 028), will assist manufacturers who elect to declare conformity with consensus standards to meet certain requirements for medical devices. [FR Doc. 2012–6391 Filed 3–15–12; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration mstockstill on DSK4VPTVN1PROD with NOTICES Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 028 AGENCY: 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 SUMMARY: VerDate Mar<15>2010 17:10 Mar 15, 2012 Jkt 226001 Submit either electronic or written 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: [Docket No. FDA–2004–N–0451] Submit written requests for single copies of ‘‘Modifications to the List of Recognized Standards, Recognition List Number: 028’’ 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 self- ADDRESSES: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 addressed adhesive labels to assist that office in processing your requests, or fax your request to 301–847–8149. Submit electronic comments concerning this document to standards@cdrh.fda.gov. Submit written comments concerning this document, or recommendations for additional standards for recognition, to the contact person (see FOR FURTHER INFORMATION CONTACT). 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: 028 modifications and other standards related information. FOR FURTHER INFORMATION CONTACT: Scott A. Colburn, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Notices]
[Pages 15764-15765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6391]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0747]


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

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April 
16, 2012.

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 emailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0575. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
PI50-400B, Rockville, MD 20850, 301-796-7651, 
Juanmanuel.vilela@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.

Waiver of In Vivo Demonstration of Bioequivalence of Animal Drugs in 
Soluble Powder Oral Dosage Form Products and Type A Medicated 
Articles--21 CFR 514.1(b)(7) and (b)(8) (OMB Control Number 0910-
0575)--Extension

    The Center for Veterinary Medicine has written this guidance to 
address a perceived need for Agency guidance in its work with the 
animal health industry. This guidance describes the procedures that the 
Agency recommends for the review of requests for waiver of in vivo 
demonstration of bioequivalence for generic soluble powder oral dosage 
form products and Type A medicated articles.
    The Generic Animal Drug and Patent Term Registration Act of 1988 
(Pub. L. 100-670) permitted generic drug manufacturers to copy those 
pioneer drug products that were no longer subject to patent or other 
marketing exclusivity protection. The approval for marketing these 
generic products is based, in part, upon a demonstration of 
bioequivalence between the generic product and pioneer product. This 
guidance clarifies circumstances under which FDA believes the 
demonstration of bioequivalence required by the statute does not need 
to be established on the basis of in vivo studies for soluble powder 
oral dosage form products and Type A medicated articles. The data 
submitted in support of the waiver request are necessary to validate 
the waiver decision. The requirement to establish bioequivalence 
through in vivo studies (blood level bioequivalence or clinical 
endpoint bioequivalence) may be waived for soluble powder oral dosage 
form products or Type A medicated articles in either of two alternative 
ways. A biowaiver may be granted if it can be shown that the generic 
soluble powder oral dosage form product or Type A medicated article 
contains the same active and inactive

[[Page 15765]]

ingredient(s) and is produced using the same manufacturing processes as 
the approved comparator product or article. Alternatively, a biowaiver 
may be granted without direct comparison to the pioneer product's 
formulation and manufacturing process if it can be shown that the 
active pharmaceutical ingredient(s) (API) is the same as the pioneer 
product, is soluble, and that there are no ingredients in the 
formulation likely to cause adverse pharmacologic effects. For the 
purpose of evaluating soluble powder oral dosage form products and Type 
A medicated articles, solubility can be demonstrated in one of two 
ways: ``USP definition'' approach or ``Dosage adjusted'' approach. The 
respondents for this collection of information are pharmaceutical 
companies manufacturing animal drugs. FDA estimates the burden for this 
collection of information as follows in tables 1 and 2 of this 
document. The source of the above data is records of generic drug 
applications over the past 10 years.
    In the Federal Register of October 24, 2011 (76 FR 65733), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received one comment, which, however, 
did not address the questions posed in 60-day notice regarding the 
collection of information. The comment supported the bioequivalence 
program but suggested a revision to the determination of 
bioequivalence, which relates to the substance of the scientific 
recommendations in the guidance document. Under FDA's good guidance 
practices regulations (21 CFR 10.115(f)(4)), the public may suggest at 
anytime that FDA revise a guidance document and under 21 CFR 
10.115(g)(5), FDA will revise guidance documents in response to 
comments when appropriate.
    FDA estimates the burden of this collection of information as 
follows:

                    Table 1--Estimated Annual Reporting Burden for Water Soluble Powders \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
                                     Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Same formulation/manufacturing                 1               1               1               5               5
 process approach...............
Same API/solubility approach....               5               5               5              10              50
                                 -------------------------------------------------------------------------------
    Total burden hours..........  ..............  ..............  ..............  ..............              55
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                  Table 2--Estimated Annual Reporting Burden for Type A Medicated Articles \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
                                     Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Same formulation/manufacturing                 2               2               2               5              10
 process approach...............
Same API/solubility approach....              10              10              10              20             200
                                 -------------------------------------------------------------------------------
    Total burden hours..........  ..............  ..............  ..............  ..............             210
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: March 8, 2012.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2012-6391 Filed 3-15-12; 8:45 am]
BILLING CODE 4160-01-P
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