Agency Information Collection Activities; Proposed Collection; Comment Request; General Licensing Provisions: Biologics License Application, Changes to an Approved Application, Labeling, Revocation and Suspension, Postmarketing Studies Status Reports, and Forms FDA 356h and 2567, 35273-35277 [2013-13896]
Download as PDF
35273
Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
ways to help women have healthy
babies.
The behavioral, clinical, and
surveillance projects implemented by
NCBDDD are the foundation upon
which recommendations and guidelines
are revised and updated. Formative
research is the mechanism by which
evidence is obtained for priority
diseases in these three (3) health
condition groups and by which
recommendations and guidelines are
revised and updated.
NCBDDD conducts formative research
for developing new messages, materials,
and strategies that respond to the
changing epidemiology of these priority
health conditions. A generic clearance
mechanism would increase productivity
of CDC programs and improve the
quality of public health interventions
and health communication programs.
Targeted audience members or
representatives provide the information
for developing clear and influential
health messages, materials, and
strategies that promote health and wellbeing. An integrated research effort is
needed to fill in gaps of knowledge,
awareness, screening, and prevention
behaviors and could simultaneously
work to reduce stigma surrounding
these topics within special populations,
explore cultural issues, and increase the
demand for, and uptake of screening by
health care providers.
Overall, these formative research
activities are intended to provide
information that will increase the
success of the surveillance or research
project through increasing response
rates and decreasing response error
thereby decreasing future data
collection burden to the public.
It is estimated that approximately 8—
10 individual projects will be processed
each year using this mechanism. Data
collection activities from a variety of
groups are anticipated. Primary
respondents will be Latina Spanishdominant women of childbearing age
(ages 18–45, both childless adult women
and parents of young children) and
individuals who identify as a member of
a specified racial/ethnic/cultural
minority community and thus
considered hard to reach. Members of
the educational, research, and public
health community may also be targeted
for their subject matter expertise.
This request is submitted to obtain
Office of Management and Budget
(OMB) clearance for three years. The
estimates of annualized burden hours
are based on past experience with
recruitment and the administration of
similar surveys and focus groups. It is
estimated that 26,800 respondents will
have to be screened annually to recruit
the appropriate number of respondents
for this data collection activity.
Depending on the individual
information collection request,
information might be collected using the
following modes: focus groups, inperson interviews (face-to-face or via
telephone, paper-and-pencil
questionnaires, or electronically.
Electronic modes include handheld
devices, computer-assisted selfinterviews, computer-assisted personal
interviews, web-based surveys, or other
point-of-service collection devices.
Specific information will be provided
with each individual project
submission. The estimated annualized
burden hours for this data collection
activity are 16,550. There is no cost to
respondents other than their time.
ESTIMATED ANNUALIZED BURDEN HOURS
Type of respondent
General
General
General
General
public
public
public
public
and
and
and
and
health
health
health
health
care
care
care
care
providers
providers
providers
providers
...............................
...............................
...............................
...............................
Ron A. Otten,
Director, Office of Scientific Integrity, Office
of the Associate Director for Science, Office
of the Director, Centers for Disease Control
and Prevention.
[FR Doc. 2013–13899 Filed 6–11–13; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
mstockstill on DSK4VPTVN1PROD with NOTICES
[Docket No. FDA–2013–N–0578]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; General Licensing
Provisions: Biologics License
Application, Changes to an Approved
Application, Labeling, Revocation and
Suspension, Postmarketing Studies
Status Reports, and Forms FDA 356h
and 2567
AGENCY:
Food and Drug Administration,
HHS.
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
Number of
respondents
Form name
ACTION:
Screener ................................
Consent Forms ......................
Moderator’s Guide .................
Surveys ..................................
Notice.
Submit either electronic or
written comments on the collection of
information by August 12, 2013.
DATES:
Frm 00035
Fmt 4703
Sfmt 4703
Average hours
per response
1
1
1
1
10/60
5/60
1
15/60
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: Ila
S. Mizrachi, Office of Information
Management, Food and Drug
Administration, 1350 Piccard Dr.,
Rockville, MD 20850, 301–796–7726,
Ila.Mizrachi@fda.hhs.gov.
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
ADDRESSES:
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
public comment in response to the
notice. This notice solicits comments on
the collection of information relating to
general licensing provisions for
biologics license applications (BLAs),
changes to an approved application,
labeling, revocation and suspension,
postmarketing studies status reports,
and Forms FDA 356h and 2567.
PO 00000
26,800
10,000
10,000
5,000
Number of responses per
respondent
E:\FR\FM\12JNN1.SGM
12JNN1
35274
Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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
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.
General Licensing Provisions: Biologics
License Application, Changes to an
Approved Application, Labeling,
Revocation and Suspension,
Postmarketing Studies Status Reports,
and Forms FDA 356h and 2567 (OMB
Control Number 0910–0338)—Extension
Under section 351 of the Public
Health Service Act (42 U.S.C. 262),
manufacturers of biological products
must submit a license application for
FDA review and approval before
marketing a biological product in
interstate commerce. Licenses may be
issued only upon showing that the
establishment and the products for
which a license is desired meets
standards prescribed in regulations
designed to ensure the continued safety,
purity, and potency of such products.
All such licenses are issued, suspended,
and revoked as prescribed by
regulations in part 601 (21 CFR part
601).
Section 130(a) of the Food and Drug
Administration Modernization Act of
1997 (Pub. L. 105–115) amended the
Federal Food, Drug, and Cosmetic Act
(the FD&C Act) by adding a new
provision (section 506B of the FD&C Act
(21 U.S.C. 356b)) requiring reports of
postmarketing studies for approved
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
human drugs and licensed biological
products. Section 506B of the FD&C Act
provides FDA with additional authority
to monitor the progress of postmarketing
studies that applicants have made a
commitment to conduct and requires
the Agency to make publicly available
information that pertains to the status of
these studies. Under section 506B(a) of
the FD&C Act, applicants that have
committed to conduct a postmarketing
study for an approved human drug or
licensed biological product must submit
to FDA a status report of the progress of
the study or the reasons for the failure
of the applicant to conduct the study.
This report must be submitted within 1
year after the U.S. approval of the
application and then annually until the
study is completed or terminated.
A summary of the collection of
information requirements follows:
Section 601.2(a) requires a
manufacturer of a biological product to
submit an application on forms
prescribed for such purposes with
accompanying data and information,
including certain labeling information,
to FDA for approval to market a product
in interstate commerce. The container
and package labeling requirements are
provided under §§ 610.60 through
610.65 (21 CFR 610.60 through 610.65).
The estimate for these regulations is
included in the estimate under
§ 601.2(a) in table 1 of this document.
Section 601.5(a) requires a
manufacturer to submit to FDA notice of
its intention to discontinue manufacture
of a product or all products. Section
601.6(a) requires the manufacturer to
notify selling agents and distributors
upon suspension of its license, and
provide FDA of such notification.
Section 601.12(a)(2) requires,
generally, that the holder of an
approved BLA must assess the effects of
a manufacturing change before
distributing a biological product made
with the change. Section 601.12(a)(4)
requires, generally, that the applicant
must promptly revise all promotional
labeling and advertising to make it
consistent with any labeling changes
implemented. Section 601.12(a)(5)
requires the applicant to include a list
of all changes contained in the
supplement or annual report; for
supplements, this list must be provided
in the cover letter. The burden estimates
for § 601.12(a)(2) are included in the
estimates for supplements (§§ 601.12(b)
and (c)) and annual reports
(§ 601.12(d)). The burden estimates for
§ 601.12(a)(4) are included in the
estimates under § 601.12(f)(4) in table 1
of this document.
Sections 601.12(b)(1), (b)(3), (c)(1),
(c)(3), (c)(5), (d)(1), and (d)(3) require
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
applicants to follow specific procedures
to submit information to FDA of any
changes, in the product, production
process, quality controls, equipment,
facilities, or responsible personnel
established in an approved license
application. The appropriate procedure
depends on the potential for the change
to have a substantial, moderate, or
minimal adverse effect on the identity,
strength, quality, purity, or potency of
the products as they may relate to the
safety or effectiveness of the product.
Under § 601.12(b)(4), an applicant may
ask FDA to expedite its review of a
supplement for public health reasons or
if a delay in making the change
described in it would impose an
extraordinary hardship of the applicant.
The burden estimate for § 601.12(b)(4) is
minimal and included in the estimate
under § 601.12(b)(1) and (b)(3) in table
1 of this document.
Section 601.12(e) requires applicants
to submit a protocol, or change to a
protocol, as a supplement requiring
FDA approval before distributing the
product. Section 601.12(f)(1), (f)(2), and
(f)(3) requires applicants to follow
specific procedures to report certain
labeling changes to FDA. Section
601.12(f)(4) requires applicants to report
to FDA advertising and promotional
labeling and any changes.
Under § 601.14, the content of
labeling required in 21 CFR
201.100(d)(3) must be in electronic
format and in a form that FDA can
process, review, and archive. This
requirement is in addition to the
provisions of §§ 601.2(a) and 601.12(f).
The burden estimate for § 601.14 is
minimal and included in the estimate
under §§ 601.2(a) (BLAs) and
601.12(f)(1), (f)(2), and (f)(3) (labeling
supplements and annual reports) in
table 1 of this document.
Section 601.45 requires applicants of
biological products for serious or lifethreatening illnesses to submit to the
Agency for consideration, during the
pre-approval review period, copies of all
promotional materials, including
promotional labeling as well as
advertisements.
In addition to §§ 601.2 and 601.12,
there are other regulations in 21 CFR
Parts 640, 660, and 680 that relate to
information to be submitted in a license
application or supplement for certain
blood or allergenic products as follows:
§§ 640.6; 640.17; 640.21(c); 640.22(c);
640.25(c); 640.56(c); 640.64(c); 640.74(a)
and (b)(2); 660.51(a)(4); and
680.1(b)(2)(iii) and (d).
In table 1 of this document, the
burden associated with the information
collection requirements in the
applicable regulations is included in the
E:\FR\FM\12JNN1.SGM
12JNN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
burden estimate for §§ 601.2 and/or
601.12. A regulation may be listed
under more than one subsection of
§ 601.12 due to the type of category
under which a change to an approved
application may be submitted.
There are also additional container
and/or package labeling requirements
for certain licensed biological products
including: § 640.74(b)(3) and (4) for
Source Plasma Liquid; § 640.84(a) and
(c) for Albumin; § 640.94(a) for Plasma
Protein Fraction; § 660.2(c) for Antibody
to Hepatitis B Surface Antigen;
§ 660.28(a), (b), and (c) for Blood
Grouping Reagent; § 660.35(a), (c
through g), and (i through m) for
Reagent Red Blood Cells; § 660.45 for
Hepatitis B Surface Antigen; and
§ 660.55(a) and (b) for Anti-Human
Globulin. The burden associated with
the additional labeling requirements for
submission of a license application for
these certain biological products is
minimal because the majority of the
burden is associated with the
requirements under §§ 610.60 through
610.65 or 21 CFR 809.10. Therefore, the
burden estimates for these regulations
are included in the estimate under
§§ 610.60 through 610.65 in table 1 of
this document. The burden estimates
associated with § 809.10 are approved
under OMB control number 0910–0485.
Section 601.25(b) requests interested
persons to submit, for review and
evaluation by an advisory review panel,
published and unpublished data and
information pertinent to a designated
category of biological products that have
been licensed prior to July 1, 1972.
Section 601.26(f) requires that licensees
submit to FDA a written statement
intended to show that studies adequate
and appropriate to resolve the questions
raised about a biological product have
been undertaken for a product if
designated as requiring further study
under the reclassification procedures.
Under § 601.25(b), FDA estimates no
further burden for this regulation, and
therefore this regulation is not included
in table 1 of this document. Under
§ 601.26(f), FDA estimates no burden for
this regulation since there are no
products designated to require further
study and none are predicted in the
future. However, FDA is using an
estimate of 1 for calculation purposes.
Based on the possible reclassification of
a product, the labeling for the product
may need to be revised, or a
manufacturer, on its own initiative, may
deem it necessary for further study. As
a result, any changes to product labeling
would be reported under the
appropriate subsection of § 601.12.
Section 601.27(a) requires that
applications for new biological products
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
contain data that are adequate to assess
the safety and effectiveness of the
biological product for the claimed
indications in pediatric subpopulations,
and to support dosing and
administration information. Section
601.27(b) provides that an applicant
may request a deferred submission of
some or all assessments of safety and
effectiveness required under § 601.27(a)
until after licensing the product for use
in adults. Section 601.27(c) provides
that an applicant may request a full or
partial waiver of the requirements under
§ 601.27(a) with adequate justification.
The burden estimates for § 601.27(a) are
included in the burden estimate under
§ 601.2(a) in table 1 of this document
since these regulations deal with
information to be provided in an
application.
Section 601.28 requires sponsors of
licensed biological products to submit
the information in § 601.28(a), (b), and
(c) to the Center for Biologics Evaluation
and Research (CBER) or to the Center for
Drug Evaluation and Research (CDER)
each year, within 60 days of the
anniversary date of approval of the
license. Section 601.28(a) requires
sponsors to submit to FDA a brief
summary stating whether labeling
supplements for pediatric use have been
submitted and whether new studies in
the pediatric population to support
appropriate labeling for the pediatric
population have been initiated. Section
601.28(b) requires sponsors to submit to
FDA an analysis of available safety and
efficacy data in the pediatric population
and changes proposed in the labeling
based on this information. Section
601.28(c) requires sponsors to submit to
FDA a statement on the current status of
any postmarketing studies in the
pediatric population performed by, on
or behalf of, the applicant. If the
postmarketing studies were required or
agreed to, the status of these studies is
to be reported under § 601.70 rather
then under this section.
Sections 601.33 through 601.35 clarify
the information to be submitted in an
application to FDA to evaluate the
safety and effectiveness of in vivo
radiopharmaceuticals. The burden
estimates for §§ 601.33 through 601.35
are included in the burden estimate
under § 601.2(a) in table 1 of this
document since these regulations deal
with information to be provided in an
application.
Section 601.70(b) requires each
applicant of a licensed biological
product to submit annually a report to
FDA on the status of postmarketing
studies for each approved product
application. Each annual postmarketing
status report must be accompanied by a
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
35275
completed transmittal Form FDA 2252
(Form FDA 2252 approved under OMB
control number 0910–0001). Under
§ 601.70(d), two copies of the annual
report shall be submitted to FDA.
Sections 601.91 through 601.94
concern biological products for which
human efficacy studies are not ethical or
feasible. Section 601.91(b)(2) requires,
in certain circumstances, such
postmarking restrictions as are needed
to ensure the safe use of the biological
product. Section 601.91(b)(3) requires
applicants to prepare and provide
labeling with relevant information to
patients or potential patients for
biological products approved under part
601, subpart H, when human efficacy
studies are not ethical or feasible (or
based on evidence of effectiveness from
studies in animals). Section 601.93
provides that biological products
approved under subpart H are subject to
the postmarketing recordkeeping and
safety reporting applicable to all
approved biological products. Section
601.94 requires applicants under
subpart H to submit to the Agency for
consideration during preapproval
review period copies of all promotional
materials including promotional
labeling as well as advertisements.
Under §§ 601.91(b)(2) and 601.93, any
potential postmarketing reports and/or
recordkeeping burdens would be
included under the adverse experience
reporting (AER) requirements under 21
CFR Part 600 (OMB control number
0910–0308). Therefore, any burdens
associated with these requirements
would be reported under the AER
information collection requirements
(OMB control number 0910–0308). The
burden estimate for § 601.91(b)(3) is
included in the estimate under
§§ 610.60 through 610.65.
Section 610.9(a) requires the
applicant to present certain information,
in the form of a license application or
supplement to the application, for a
modification of any particular test
method or manufacturing process or the
conditions which it is conducted under
the biologics regulations. The burden
estimate for § 610.9(a) is included in the
estimate under §§ 601.2(a) and 601.12(b)
and (c) in table 1 of this document.
Section 610.11(g)(2) provides that a
manufacturer of certain biological
products may request an exemption
from the general safety test (GST)
requirements contained in subpart H.
Under § 610.11(g)(2), FDA requires only
those manufacturers of biological
products requesting an exemption from
the GST to submit additional
information as part of a license
application or supplement to an
approved license application. Therefore,
E:\FR\FM\12JNN1.SGM
12JNN1
mstockstill on DSK4VPTVN1PROD with NOTICES
35276
Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
the burden estimate for § 610.11(g)(2) is
included in the estimate under
§§ 601.2(a) and 601.12(b) in table 1 of
this document.
Under § 610.15(d), the Director of
CBER or the Director of CDER may
approve, as appropriate, a
manufacturer’s request for exceptions or
alternatives to the regulation for
constituent materials. Manufacturers
seeking approval of an exception or
alternative must submit a request in
writing with a brief statement describing
the basis for the request and the
supporting data.
Section 640.120 requires licensed
establishments to submit a request for
an exception or alternative to any
requirement in the biologics regulations
regarding blood, blood components, or
blood products. A request for an
exception or alternative must be
submitted in accordance with § 601.12;
therefore, the burden estimate for
§ 640.120 is included in the estimate
under § 601.12(b) in table 1 of this
document.
Section 680.1(c) requires
manufacturers to update annually their
license file with the list of source
materials and the suppliers of the
materials. Section 680.1(b)(3)(iv)
requires manufacturers to notify FDA
when certain diseases are detected in
source materials.
Sections 600.15(b) and 610.53(d)
require the submission of a request for
an exemption or modification regarding
the temperature requirements during
shipment and from dating periods,
respectively, for certain biological
products. Section 606.110(b) (21 CFR
606.110(b)) requires the submission of a
request for approval to perform
plasmapheresis of donors who do not
meet certain donor requirements for the
collection of plasma containing rare
antibodies. Under §§ 600.15(b),
610.53(d), and 606.110(b), a request for
an exemption or modification to the
requirements would be submitted as a
supplement. Therefore, the burden
hours for any submissions under
§§ 600.15(b), 610.53(d), and 606.110(b)
are included in the estimates under
§ 601.12(b) in table 1 of this document.
In July 1997, FDA revised Form FDA
356h ‘‘Application to Market a New
Drug, Biologic, or an Antibiotic Drug for
Human Use’’ to harmonize application
procedures between CBER and CDER.
The application form serves primarily as
a checklist for firms to gather and
submit certain information to FDA. As
such, the form, now entitled
‘‘Application to Market a New or
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
Abbreviated New Drug or Biologic for
Human Use’’ helps to ensure that the
application is complete and contains all
the necessary information, so that
delays due to lack of information may
be eliminated. In addition, the form
provides key information to FDA for
efficient handling and distribution to
the appropriate staff for review. The
estimated burden hours for
nonbiological product submissions to
CDER using Form FDA 356h are
approved under OMB control number
0910–0001 (an estimated 3,200
submissions × 24 hours = 76,800 hours).
Form FDA 2567 ‘‘Transmittal of
Labels and Circulars’’ may be used by
manufacturers of licensed biological
products to submit labeling (e.g.,
circulars, package labels, container
labels, etc.) and labeling changes for
FDA review and approval. For
advertisements and promotional
labeling, manufacturers of licensed
biological products may submit to CBER
either Form FDA 2567 or 2253. Form
FDA 2253 was previously used only by
drug manufacturers regulated by CDER.
In August of 1998, FDA revised and
harmonized Form FDA 2253 so the form
may be used to transmit specimens of
promotional labeling and
advertisements for biological products
as well as for prescription drugs and
antibiotics. The revised, harmonized
form updates the information about the
types of promotional materials and the
codes that are used to clarify the type of
advertisement or labeling submitted,
clarifies the intended audience for the
advertisements or promotional labeling
(e.g., consumers, professionals, news
services), and helps ensure that the
submission is complete. Form FDA 2253
is approved under OMB control number
0910–0001.
Under tables 1 and 2 of this
document, the numbers of respondents
are based on the estimated annual
number of manufacturers that submitted
the required information to FDA or the
number of submissions FDA received in
fiscal year 2012. Based on information
obtained from FDA’s database systems,
there are an estimated 323 licensed
biologics manufacturers. The total
annual responses are based on the
estimated number of submissions (i.e.,
license applications, labeling and other
supplements, protocols, advertising and
promotional labeling, notifications) for a
particular product received annually by
FDA. The hours per response are based
on information provided by industry
and past FDA experience with the
various submissions or notifications.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
The hours per response include the time
estimated to prepare the various
submissions or notifications to FDA,
and, as applicable, the time required to
fill out the appropriate form and collate
the documentation. Additional
information regarding these estimates is
provided below as necessary.
Under §§ 601.2 and 601.12, the
estimated hours per response are based
on the average number of hours to
submit the various submissions. The
estimated average number of hours is
based on the range of hours to complete
a very basic application or supplement
and a complex application or
supplement.
Under section 601.6(a), the total
annual responses are based on FDA
estimates that establishments may notify
an average of 20 selling agents and
distributors of such suspension, and
provide FDA of such notification. The
number of respondents is based on the
estimated annual number of
suspensions of a biologic license.
Under §§ 601.12(f)(4) and 601.45,
manufacturers of biological products
may use either Form FDA 2567 or Form
FDA 2253 to submit advertising and
promotional labeling. Based on
information obtained from FDA’s
database system, there were an
estimated 10,758 submissions of
advertising and promotional labeling.
Under §§ 601.28 and 601.70(b), FDA
estimates that it takes an applicant
approximately 24 hours (8 hours per
study × 3 studies) annually to gather,
complete, and submit the appropriate
information for each postmarketing
status report (approximately two to four
studies per report) and the accompanied
transmittal Form FDA 2252. Included in
these 24 hours is the time necessary to
prepare and submit two copies of the
annual progress report of postmarketing
studies to FDA under § 601.70(d).
Under § 610.15(d), FDA has received
no submissions since the
implementation of the final rule in April
2011. Therefore, FDA is estimating one
respondent and one annual request to
account for a possible submission to
CBER or CDER of a request for an
exception or alternative for constituent
materials under § 610.15(d).
There were a total of 2,664
amendments to an unapproved
application or supplement and
resubmissions submitted using Form
FDA 356h.
FDA estimates the burden of this
collection of information as follows:
E:\FR\FM\12JNN1.SGM
12JNN1
35277
Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
21 CFR Section
Number of
responses per
respondent
Number of
respondents
Form FDA No.
Total annual
responses
Average burden
per response
Total hours
601.2(a),2 610.60 through 610.65 3 .....
601.5(a) ................................................
601.6(a) ................................................
601.12(a)(5) .........................................
601.12(b)(1)/(b)(3)/(e) 4 ........................
601.12(c)(1)/(c)(3) 5 ..............................
601.12(c)(5) ..........................................
601.12(d)(1)/(d)(3) 6/(f)(3) 8 ..................
601.12(f)(1) 7 ........................................
601.12(f)(2) 7 ........................................
601.12(f)(4)/601.45 9 ............................
601.26(f) ...............................................
601.27(b) ..............................................
601.27(c) ..............................................
601.70(b) and (d)/601.28 .....................
610.15(d) ..............................................
680.1(c) ................................................
680.1(b)(3)(iv) ......................................
Amendments/Resubmissions ...............
2567/356h
NA
NA
NA
2 356h
2 356h
2 356h
2 356h
2567
2567
2567/2253
NA
NA
NA
2252
NA
NA
NA
356h
25
8
1
791
174
117
18
241
67
72
102
1
4
6
56
1
9
1
207
1.8
1
1
16.51
4.01
4.60
1.61
3.08
2.48
1.78
103.71
1
1
1
1.91
1
1
1
12.87
45
8
1
13,057
698
538
29
742
166
128
10,578
1
4
6
107
1
9
1
2,664
860
* 0.33
* 0.33
1
80
50
50
24
40
20
10
1
24
8
24
1
2
2
20
38,700
2.64
0.33
13,057
55,840
26,900
1,450
17,808
6,640
2,560
105,780
1
96
48
2,568
1
18
2
53,280
Total ..............................................
........................
........................
..........................
........................
..........................
324,752
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
The reporting requirements under §§ 601.14, 601.27(a), 601.33, 601.34, 601.35, 610.9(a), 610.11(g)(2), 640.17, 640.25(c), 640.56(c),
640.74(b)(2), 660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under § 601.2(a).
3 The reporting requirements under §§ 601.93(b)(3), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a), (b), and (c),
660.35(a), (c through g), and (i through m), 660.45, and 660.55(a) and (b) are included under §§ 610.60 through 610.65.
4 The reporting requirements under §§ 601.12(a)(2) and (b)(4), 600.15(b), 610.9(a), 610.11(g)(2), 610.53(d), 606.110(b), 640.6, 640.17,
640.21(c), 640.22(c), 640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), 640.120, and 680.1(d) are included in the estimate under § 601.12(b).
5 The reporting requirements under §§ 601.12(a)(2), 610.9(a), 640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate
under § 601.12(c).
6 The reporting requirement under § 601.12(a)(2) is included in the estimate under § 601.12(d).
7 The reporting requirement under § 601.14 is included in the estimate under § 601.12(f)(1) and (f)(2).
8 The reporting requirement under §§ 601.12(a)(4) and 601.14 is included in the estimate under § 601.12(f)(3).
9 The reporting requirement under § 601.94 is included in the estimate under § 601.45.
* 20 minutes.
2
Under table 2, the estimated
recordkeeping burden of 1 hour is based
on previous estimates for the
recordkeeping requirements associated
with the AER system.
TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
21 CFR Section
Number of
respondents
Annual disclosures per
respondent
Total annual
disclosures
Average
burden per
disclosure
Total hours
601.6(a) ................................................................................
1
20
20
* 0.33
6.6
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
* 20 minutes.
Dated: June 6, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–13896 Filed 6–11–13; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–N–0653]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Orphan Drugs;
Common European Medicines Agency/
Food and Drug Administration
Application Form for Orphan Medicinal
Product Designation (Form FDA 3671)
AGENCY:
Food and Drug Administration,
HHS.
VerDate Mar<15>2010
16:32 Jun 11, 2013
Jkt 229001
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
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, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
E:\FR\FM\12JNN1.SGM
12JNN1
Agencies
[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Pages 35273-35277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13896]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2013-N-0578]
Agency Information Collection Activities; Proposed Collection;
Comment Request; General Licensing Provisions: Biologics License
Application, Changes to an Approved Application, Labeling, Revocation
and Suspension, Postmarketing Studies Status Reports, and Forms FDA
356h and 2567
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,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the collection of information
relating to general licensing provisions for biologics license
applications (BLAs), changes to an approved application, labeling,
revocation and suspension, postmarketing studies status reports, and
Forms FDA 356h and 2567.
DATES: Submit either electronic or written comments on the collection
of information by August 12, 2013.
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: Ila S. Mizrachi, Office of Information
Management, Food and Drug Administration, 1350 Piccard Dr., Rockville,
MD 20850, 301-796-7726, Ila.Mizrachi@fda.hhs.gov.
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
[[Page 35274]]
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 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.
General Licensing Provisions: Biologics License Application, Changes to
an Approved Application, Labeling, Revocation and Suspension,
Postmarketing Studies Status Reports, and Forms FDA 356h and 2567 (OMB
Control Number 0910-0338)--Extension
Under section 351 of the Public Health Service Act (42 U.S.C. 262),
manufacturers of biological products must submit a license application
for FDA review and approval before marketing a biological product in
interstate commerce. Licenses may be issued only upon showing that the
establishment and the products for which a license is desired meets
standards prescribed in regulations designed to ensure the continued
safety, purity, and potency of such products. All such licenses are
issued, suspended, and revoked as prescribed by regulations in part 601
(21 CFR part 601).
Section 130(a) of the Food and Drug Administration Modernization
Act of 1997 (Pub. L. 105-115) amended the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) by adding a new provision (section 506B of
the FD&C Act (21 U.S.C. 356b)) requiring reports of postmarketing
studies for approved human drugs and licensed biological products.
Section 506B of the FD&C Act provides FDA with additional authority to
monitor the progress of postmarketing studies that applicants have made
a commitment to conduct and requires the Agency to make publicly
available information that pertains to the status of these studies.
Under section 506B(a) of the FD&C Act, applicants that have committed
to conduct a postmarketing study for an approved human drug or licensed
biological product must submit to FDA a status report of the progress
of the study or the reasons for the failure of the applicant to conduct
the study. This report must be submitted within 1 year after the U.S.
approval of the application and then annually until the study is
completed or terminated.
A summary of the collection of information requirements follows:
Section 601.2(a) requires a manufacturer of a biological product to
submit an application on forms prescribed for such purposes with
accompanying data and information, including certain labeling
information, to FDA for approval to market a product in interstate
commerce. The container and package labeling requirements are provided
under Sec. Sec. 610.60 through 610.65 (21 CFR 610.60 through 610.65).
The estimate for these regulations is included in the estimate under
Sec. 601.2(a) in table 1 of this document.
Section 601.5(a) requires a manufacturer to submit to FDA notice of
its intention to discontinue manufacture of a product or all products.
Section 601.6(a) requires the manufacturer to notify selling agents and
distributors upon suspension of its license, and provide FDA of such
notification.
Section 601.12(a)(2) requires, generally, that the holder of an
approved BLA must assess the effects of a manufacturing change before
distributing a biological product made with the change. Section
601.12(a)(4) requires, generally, that the applicant must promptly
revise all promotional labeling and advertising to make it consistent
with any labeling changes implemented. Section 601.12(a)(5) requires
the applicant to include a list of all changes contained in the
supplement or annual report; for supplements, this list must be
provided in the cover letter. The burden estimates for Sec.
601.12(a)(2) are included in the estimates for supplements (Sec. Sec.
601.12(b) and (c)) and annual reports (Sec. 601.12(d)). The burden
estimates for Sec. 601.12(a)(4) are included in the estimates under
Sec. 601.12(f)(4) in table 1 of this document.
Sections 601.12(b)(1), (b)(3), (c)(1), (c)(3), (c)(5), (d)(1), and
(d)(3) require applicants to follow specific procedures to submit
information to FDA of any changes, in the product, production process,
quality controls, equipment, facilities, or responsible personnel
established in an approved license application. The appropriate
procedure depends on the potential for the change to have a
substantial, moderate, or minimal adverse effect on the identity,
strength, quality, purity, or potency of the products as they may
relate to the safety or effectiveness of the product. Under Sec.
601.12(b)(4), an applicant may ask FDA to expedite its review of a
supplement for public health reasons or if a delay in making the change
described in it would impose an extraordinary hardship of the
applicant. The burden estimate for Sec. 601.12(b)(4) is minimal and
included in the estimate under Sec. 601.12(b)(1) and (b)(3) in table 1
of this document.
Section 601.12(e) requires applicants to submit a protocol, or
change to a protocol, as a supplement requiring FDA approval before
distributing the product. Section 601.12(f)(1), (f)(2), and (f)(3)
requires applicants to follow specific procedures to report certain
labeling changes to FDA. Section 601.12(f)(4) requires applicants to
report to FDA advertising and promotional labeling and any changes.
Under Sec. 601.14, the content of labeling required in 21 CFR
201.100(d)(3) must be in electronic format and in a form that FDA can
process, review, and archive. This requirement is in addition to the
provisions of Sec. Sec. 601.2(a) and 601.12(f). The burden estimate
for Sec. 601.14 is minimal and included in the estimate under
Sec. Sec. 601.2(a) (BLAs) and 601.12(f)(1), (f)(2), and (f)(3)
(labeling supplements and annual reports) in table 1 of this document.
Section 601.45 requires applicants of biological products for
serious or life-threatening illnesses to submit to the Agency for
consideration, during the pre-approval review period, copies of all
promotional materials, including promotional labeling as well as
advertisements.
In addition to Sec. Sec. 601.2 and 601.12, there are other
regulations in 21 CFR Parts 640, 660, and 680 that relate to
information to be submitted in a license application or supplement for
certain blood or allergenic products as follows: Sec. Sec. 640.6;
640.17; 640.21(c); 640.22(c); 640.25(c); 640.56(c); 640.64(c);
640.74(a) and (b)(2); 660.51(a)(4); and 680.1(b)(2)(iii) and (d).
In table 1 of this document, the burden associated with the
information collection requirements in the applicable regulations is
included in the
[[Page 35275]]
burden estimate for Sec. Sec. 601.2 and/or 601.12. A regulation may be
listed under more than one subsection of Sec. 601.12 due to the type
of category under which a change to an approved application may be
submitted.
There are also additional container and/or package labeling
requirements for certain licensed biological products including: Sec.
640.74(b)(3) and (4) for Source Plasma Liquid; Sec. 640.84(a) and (c)
for Albumin; Sec. 640.94(a) for Plasma Protein Fraction; Sec.
660.2(c) for Antibody to Hepatitis B Surface Antigen; Sec. 660.28(a),
(b), and (c) for Blood Grouping Reagent; Sec. 660.35(a), (c through
g), and (i through m) for Reagent Red Blood Cells; Sec. 660.45 for
Hepatitis B Surface Antigen; and Sec. 660.55(a) and (b) for Anti-Human
Globulin. The burden associated with the additional labeling
requirements for submission of a license application for these certain
biological products is minimal because the majority of the burden is
associated with the requirements under Sec. Sec. 610.60 through 610.65
or 21 CFR 809.10. Therefore, the burden estimates for these regulations
are included in the estimate under Sec. Sec. 610.60 through 610.65 in
table 1 of this document. The burden estimates associated with Sec.
809.10 are approved under OMB control number 0910-0485.
Section 601.25(b) requests interested persons to submit, for review
and evaluation by an advisory review panel, published and unpublished
data and information pertinent to a designated category of biological
products that have been licensed prior to July 1, 1972. Section
601.26(f) requires that licensees submit to FDA a written statement
intended to show that studies adequate and appropriate to resolve the
questions raised about a biological product have been undertaken for a
product if designated as requiring further study under the
reclassification procedures. Under Sec. 601.25(b), FDA estimates no
further burden for this regulation, and therefore this regulation is
not included in table 1 of this document. Under Sec. 601.26(f), FDA
estimates no burden for this regulation since there are no products
designated to require further study and none are predicted in the
future. However, FDA is using an estimate of 1 for calculation
purposes. Based on the possible reclassification of a product, the
labeling for the product may need to be revised, or a manufacturer, on
its own initiative, may deem it necessary for further study. As a
result, any changes to product labeling would be reported under the
appropriate subsection of Sec. 601.12.
Section 601.27(a) requires that applications for new biological
products contain data that are adequate to assess the safety and
effectiveness of the biological product for the claimed indications in
pediatric subpopulations, and to support dosing and administration
information. Section 601.27(b) provides that an applicant may request a
deferred submission of some or all assessments of safety and
effectiveness required under Sec. 601.27(a) until after licensing the
product for use in adults. Section 601.27(c) provides that an applicant
may request a full or partial waiver of the requirements under Sec.
601.27(a) with adequate justification. The burden estimates for Sec.
601.27(a) are included in the burden estimate under Sec. 601.2(a) in
table 1 of this document since these regulations deal with information
to be provided in an application.
Section 601.28 requires sponsors of licensed biological products to
submit the information in Sec. 601.28(a), (b), and (c) to the Center
for Biologics Evaluation and Research (CBER) or to the Center for Drug
Evaluation and Research (CDER) each year, within 60 days of the
anniversary date of approval of the license. Section 601.28(a) requires
sponsors to submit to FDA a brief summary stating whether labeling
supplements for pediatric use have been submitted and whether new
studies in the pediatric population to support appropriate labeling for
the pediatric population have been initiated. Section 601.28(b)
requires sponsors to submit to FDA an analysis of available safety and
efficacy data in the pediatric population and changes proposed in the
labeling based on this information. Section 601.28(c) requires sponsors
to submit to FDA a statement on the current status of any postmarketing
studies in the pediatric population performed by, on or behalf of, the
applicant. If the postmarketing studies were required or agreed to, the
status of these studies is to be reported under Sec. 601.70 rather
then under this section.
Sections 601.33 through 601.35 clarify the information to be
submitted in an application to FDA to evaluate the safety and
effectiveness of in vivo radiopharmaceuticals. The burden estimates for
Sec. Sec. 601.33 through 601.35 are included in the burden estimate
under Sec. 601.2(a) in table 1 of this document since these
regulations deal with information to be provided in an application.
Section 601.70(b) requires each applicant of a licensed biological
product to submit annually a report to FDA on the status of
postmarketing studies for each approved product application. Each
annual postmarketing status report must be accompanied by a completed
transmittal Form FDA 2252 (Form FDA 2252 approved under OMB control
number 0910-0001). Under Sec. 601.70(d), two copies of the annual
report shall be submitted to FDA.
Sections 601.91 through 601.94 concern biological products for
which human efficacy studies are not ethical or feasible. Section
601.91(b)(2) requires, in certain circumstances, such postmarking
restrictions as are needed to ensure the safe use of the biological
product. Section 601.91(b)(3) requires applicants to prepare and
provide labeling with relevant information to patients or potential
patients for biological products approved under part 601, subpart H,
when human efficacy studies are not ethical or feasible (or based on
evidence of effectiveness from studies in animals). Section 601.93
provides that biological products approved under subpart H are subject
to the postmarketing recordkeeping and safety reporting applicable to
all approved biological products. Section 601.94 requires applicants
under subpart H to submit to the Agency for consideration during
preapproval review period copies of all promotional materials including
promotional labeling as well as advertisements. Under Sec. Sec.
601.91(b)(2) and 601.93, any potential postmarketing reports and/or
recordkeeping burdens would be included under the adverse experience
reporting (AER) requirements under 21 CFR Part 600 (OMB control number
0910-0308). Therefore, any burdens associated with these requirements
would be reported under the AER information collection requirements
(OMB control number 0910-0308). The burden estimate for Sec.
601.91(b)(3) is included in the estimate under Sec. Sec. 610.60
through 610.65.
Section 610.9(a) requires the applicant to present certain
information, in the form of a license application or supplement to the
application, for a modification of any particular test method or
manufacturing process or the conditions which it is conducted under the
biologics regulations. The burden estimate for Sec. 610.9(a) is
included in the estimate under Sec. Sec. 601.2(a) and 601.12(b) and
(c) in table 1 of this document.
Section 610.11(g)(2) provides that a manufacturer of certain
biological products may request an exemption from the general safety
test (GST) requirements contained in subpart H. Under Sec.
610.11(g)(2), FDA requires only those manufacturers of biological
products requesting an exemption from the GST to submit additional
information as part of a license application or supplement to an
approved license application. Therefore,
[[Page 35276]]
the burden estimate for Sec. 610.11(g)(2) is included in the estimate
under Sec. Sec. 601.2(a) and 601.12(b) in table 1 of this document.
Under Sec. 610.15(d), the Director of CBER or the Director of CDER
may approve, as appropriate, a manufacturer's request for exceptions or
alternatives to the regulation for constituent materials. Manufacturers
seeking approval of an exception or alternative must submit a request
in writing with a brief statement describing the basis for the request
and the supporting data.
Section 640.120 requires licensed establishments to submit a
request for an exception or alternative to any requirement in the
biologics regulations regarding blood, blood components, or blood
products. A request for an exception or alternative must be submitted
in accordance with Sec. 601.12; therefore, the burden estimate for
Sec. 640.120 is included in the estimate under Sec. 601.12(b) in
table 1 of this document.
Section 680.1(c) requires manufacturers to update annually their
license file with the list of source materials and the suppliers of the
materials. Section 680.1(b)(3)(iv) requires manufacturers to notify FDA
when certain diseases are detected in source materials.
Sections 600.15(b) and 610.53(d) require the submission of a
request for an exemption or modification regarding the temperature
requirements during shipment and from dating periods, respectively, for
certain biological products. Section 606.110(b) (21 CFR 606.110(b))
requires the submission of a request for approval to perform
plasmapheresis of donors who do not meet certain donor requirements for
the collection of plasma containing rare antibodies. Under Sec. Sec.
600.15(b), 610.53(d), and 606.110(b), a request for an exemption or
modification to the requirements would be submitted as a supplement.
Therefore, the burden hours for any submissions under Sec. Sec.
600.15(b), 610.53(d), and 606.110(b) are included in the estimates
under Sec. 601.12(b) in table 1 of this document.
In July 1997, FDA revised Form FDA 356h ``Application to Market a
New Drug, Biologic, or an Antibiotic Drug for Human Use'' to harmonize
application procedures between CBER and CDER. The application form
serves primarily as a checklist for firms to gather and submit certain
information to FDA. As such, the form, now entitled ``Application to
Market a New or Abbreviated New Drug or Biologic for Human Use'' helps
to ensure that the application is complete and contains all the
necessary information, so that delays due to lack of information may be
eliminated. In addition, the form provides key information to FDA for
efficient handling and distribution to the appropriate staff for
review. The estimated burden hours for nonbiological product
submissions to CDER using Form FDA 356h are approved under OMB control
number 0910-0001 (an estimated 3,200 submissions x 24 hours = 76,800
hours).
Form FDA 2567 ``Transmittal of Labels and Circulars'' may be used
by manufacturers of licensed biological products to submit labeling
(e.g., circulars, package labels, container labels, etc.) and labeling
changes for FDA review and approval. For advertisements and promotional
labeling, manufacturers of licensed biological products may submit to
CBER either Form FDA 2567 or 2253. Form FDA 2253 was previously used
only by drug manufacturers regulated by CDER. In August of 1998, FDA
revised and harmonized Form FDA 2253 so the form may be used to
transmit specimens of promotional labeling and advertisements for
biological products as well as for prescription drugs and antibiotics.
The revised, harmonized form updates the information about the types of
promotional materials and the codes that are used to clarify the type
of advertisement or labeling submitted, clarifies the intended audience
for the advertisements or promotional labeling (e.g., consumers,
professionals, news services), and helps ensure that the submission is
complete. Form FDA 2253 is approved under OMB control number 0910-0001.
Under tables 1 and 2 of this document, the numbers of respondents
are based on the estimated annual number of manufacturers that
submitted the required information to FDA or the number of submissions
FDA received in fiscal year 2012. Based on information obtained from
FDA's database systems, there are an estimated 323 licensed biologics
manufacturers. The total annual responses are based on the estimated
number of submissions (i.e., license applications, labeling and other
supplements, protocols, advertising and promotional labeling,
notifications) for a particular product received annually by FDA. The
hours per response are based on information provided by industry and
past FDA experience with the various submissions or notifications. The
hours per response include the time estimated to prepare the various
submissions or notifications to FDA, and, as applicable, the time
required to fill out the appropriate form and collate the
documentation. Additional information regarding these estimates is
provided below as necessary.
Under Sec. Sec. 601.2 and 601.12, the estimated hours per response
are based on the average number of hours to submit the various
submissions. The estimated average number of hours is based on the
range of hours to complete a very basic application or supplement and a
complex application or supplement.
Under section 601.6(a), the total annual responses are based on FDA
estimates that establishments may notify an average of 20 selling
agents and distributors of such suspension, and provide FDA of such
notification. The number of respondents is based on the estimated
annual number of suspensions of a biologic license.
Under Sec. Sec. 601.12(f)(4) and 601.45, manufacturers of
biological products may use either Form FDA 2567 or Form FDA 2253 to
submit advertising and promotional labeling. Based on information
obtained from FDA's database system, there were an estimated 10,758
submissions of advertising and promotional labeling.
Under Sec. Sec. 601.28 and 601.70(b), FDA estimates that it takes
an applicant approximately 24 hours (8 hours per study x 3 studies)
annually to gather, complete, and submit the appropriate information
for each postmarketing status report (approximately two to four studies
per report) and the accompanied transmittal Form FDA 2252. Included in
these 24 hours is the time necessary to prepare and submit two copies
of the annual progress report of postmarketing studies to FDA under
Sec. 601.70(d).
Under Sec. 610.15(d), FDA has received no submissions since the
implementation of the final rule in April 2011. Therefore, FDA is
estimating one respondent and one annual request to account for a
possible submission to CBER or CDER of a request for an exception or
alternative for constituent materials under Sec. 610.15(d).
There were a total of 2,664 amendments to an unapproved application
or supplement and resubmissions submitted using Form FDA 356h.
FDA estimates the burden of this collection of information as
follows:
[[Page 35277]]
Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
21 CFR Section Form FDA No. Number of responses per Total annual Average burden Total hours
respondents respondent responses per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.2(a),\2\ 610.60 through 610.65 \3\.................. 2567/356h 25 1.8 45 860 38,700
601.5(a)................................................ NA 8 1 8 * 0.33 2.64
601.6(a)................................................ NA 1 1 1 * 0.33 0.33
601.12(a)(5)............................................ NA 791 16.51 13,057 1 13,057
601.12(b)(1)/(b)(3)/(e) \4\............................. \2\ 356h 174 4.01 698 80 55,840
601.12(c)(1)/(c)(3) \5\................................. \2\ 356h 117 4.60 538 50 26,900
601.12(c)(5)............................................ \2\ 356h 18 1.61 29 50 1,450
601.12(d)(1)/(d)(3) \6\/(f)(3) \8\...................... \2\ 356h 241 3.08 742 24 17,808
601.12(f)(1) \7\........................................ 2567 67 2.48 166 40 6,640
601.12(f)(2) \7\........................................ 2567 72 1.78 128 20 2,560
601.12(f)(4)/601.45 \9\................................. 2567/2253 102 103.71 10,578 10 105,780
601.26(f)............................................... NA 1 1 1 1 1
601.27(b)............................................... NA 4 1 4 24 96
601.27(c)............................................... NA 6 1 6 8 48
601.70(b) and (d)/601.28................................ 2252 56 1.91 107 24 2,568
610.15(d)............................................... NA 1 1 1 1 1
680.1(c)................................................ NA 9 1 9 2 18
680.1(b)(3)(iv)......................................... NA 1 1 1 2 2
Amendments/Resubmissions................................ 356h 207 12.87 2,664 20 53,280
-----------------------------------------------------------------------------------------------
Total............................................... .............. .............. .............. .............. .............. 324,752
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
\2\ The reporting requirements under Sec. Sec. 601.14, 601.27(a), 601.33, 601.34, 601.35, 610.9(a), 610.11(g)(2), 640.17, 640.25(c), 640.56(c),
640.74(b)(2), 660.51(a)(4), and 680.1(b)(2)(iii) are included in the estimate under Sec. 601.2(a).
\3\ The reporting requirements under Sec. Sec. 601.93(b)(3), 640.74(b)(3) and (4), 640.84(a) and (c), 640.94(a), 660.2(c), 660.28(a), (b), and (c),
660.35(a), (c through g), and (i through m), 660.45, and 660.55(a) and (b) are included under Sec. Sec. 610.60 through 610.65.
\4\ The reporting requirements under Sec. Sec. 601.12(a)(2) and (b)(4), 600.15(b), 610.9(a), 610.11(g)(2), 610.53(d), 606.110(b), 640.6, 640.17,
640.21(c), 640.22(c), 640.25(c), 640.56(c), 640.64(c), 640.74(a) and (b)(2), 640.120, and 680.1(d) are included in the estimate under Sec.
601.12(b).
\5\ The reporting requirements under Sec. Sec. 601.12(a)(2), 610.9(a), 640.17, 640.25(c), 640.56(c), and 640.74(b)(2) are included in the estimate
under Sec. 601.12(c).
\6\ The reporting requirement under Sec. 601.12(a)(2) is included in the estimate under Sec. 601.12(d).
\7\ The reporting requirement under Sec. 601.14 is included in the estimate under Sec. 601.12(f)(1) and (f)(2).
\8\ The reporting requirement under Sec. Sec. 601.12(a)(4) and 601.14 is included in the estimate under Sec. 601.12(f)(3).
\9\ The reporting requirement under Sec. 601.94 is included in the estimate under Sec. 601.45.
* 20 minutes.
Under table 2, the estimated recordkeeping burden of 1 hour is
based on previous estimates for the recordkeeping requirements
associated with the AER system.
Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual
21 CFR Section Number of disclosures per Total annual Average burden Total hours
respondents respondent disclosures per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
601.6(a)........................................................... 1 20 20 * 0.33 6.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
* 20 minutes.
Dated: June 6, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-13896 Filed 6-11-13; 8:45 am]
BILLING CODE 4160-01-P