Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Electronic Drug Product Reporting of Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act, 50523-50525 [2016-18048]

Download as PDF 50523 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices of them, or 3,300 (= 66% × 5,000) of the low estimate, currently engage in retailing activities (Ref. 1) Two PRA related comments were received in response to the 60-day notice. The two comments both identified additional training options that could be used to provide further educational information collection activities associated with the current guidance document. FDA is supportive of training programs that assist retailers in complying with the tobacco control laws. FDA estimates the burden of this collection of information as follows: opportunities for tobacco retailers. These comments primarily relate more to the content and method of a retailer training program rather than the proposed collection of information associated with the current guidance document. At the same time, one comment was supportive of the TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of respondents Activity Number of responses per respondent Average burden per response Total annual responses Total hours Develop training program .................................................... Develop written policy against sales to minors and employee acknowledgement ................................................. Develop internal compliance check program ...................... 273,900 1 273,900 16 4,382,400 273,900 273,900 1 1 273,900 273,900 1 8 273,900 2,191,200 Total .............................................................................. ........................ ........................ ........................ ........................ 6,847,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 Number of recordkeepers Activity Number of records per recordkeeper Average burden per recordkeeper Total annual records Total hours Training program .......................................................... Written policy against sales to minors and employee acknowledgement. Internal compliance check program ............................. 273,900 273,900 4 4 1,095,600 1,095,600 .25 (15 minutes) .... .10 (6 minutes) ...... 279,300 109,560 273,900 2 547,800 .5 (30 minutes) ...... 279,300 Total ...................................................................... ........................ ........................ ........................ ............................... 668,160 1 There are no capital costs or operating and maintenance costs associated with this collection of information. FDA estimates that the total burden for this collection will be 7,515,660 hours (6,847,500 reporting + 668,160 recordkeeping). DEPARTMENT OF HEALTH AND HUMAN SERVICES Reference [Docket No. FDA–2013–N–1428] 1. Burke, Don, ‘‘Trends & Insights in the Nicotine Delivery Category.’’ Management Science Associates, Inc. Presentation at NATO Show, April 23, 2015. Accessed June 2015. Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Electronic Drug Product Reporting of Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act Dated: July 26, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016–18092 Filed 7–29–16; 8:45 am] Food and Drug Administration AGENCY: BILLING CODE 4164–01–P Food and Drug Administration, HHS. ACTION: 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 (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by August 31, 2016. ADDRESSES: To ensure that comments on the information collection are received, sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 title. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown Street, North Bethesda, MD 20852, PRAStaff@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. Guidance for Industry: Electronic Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Availability—OMB Control Number 0910—(NEW) On November 27, 2013, the President signed the Drug Quality and Security Act (DQSA) into law (Pub. L. 113–54). E:\FR\FM\01AUN1.SGM 01AUN1 sradovich on DSK3GMQ082PROD with NOTICES 50524 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices The DQSA added a new section 503B to the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 353b). Under section 503B(b), a compounder can register as an outsourcing facility with FDA. If the conditions outlined in section 503B(a) of the FD&C Act are satisfied, a drug compounded by or under the direct supervision of a licensed pharmacist in an outsourcing facility is exempt from certain sections of the FD&C Act, including section 502(f)(1) (21 U.S.C. 352(f)(1)) (concerning the labeling of drugs with adequate directions for use) and section 505 (21 U.S.C. 355) (concerning the approval of human drug products under new drug applications or abbreviated new drug applications. Drugs compounded in outsourcing facilities are not exempt from the requirements of section 501(a)(2)(B) of the FD&C Act (21 U.S.C. 351(a)(2)(B)) (concerning current good manufacturing practice for drugs). In the Federal Register of November 24, 2014 (79 FR 69857), FDA announced the availability of a revised draft guidance for industry entitled ‘‘Electronic Drug Product Reporting for Human Drug Compounding Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act.’’ Under section 503B of the FD&C Act, and as described in the revised draft guidance, an outsourcing facility must, at the time of initial registration and twice each year, in June and December, submit to FDA a report identifying the drugs compounded by the facility during the previous six-month period. For each identified drug, the outsourcing facility must provide certain information, which is listed in section 503B(b)(2)(A)(ii) of the FD&C Act and in the revised draft guidance. Each facility that elects to register as an outsourcing facility must report the following information to FDA for each product that it compounds: • The active ingredient and strength of active ingredient per unit; • the source of the active ingredient (bulk or finished drug); • the National Drug Code (NDC) number of the source drug or bulk active ingredient, if available; • the dosage form and route of administration; • the package description; • the number of individual units produced; and • the NDC number of the final product, if assigned. VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 Compounded product information must be submitted to FDA electronically using the Structured Product Labeling (SPL) format and in accordance with section IV of the FDA guidance entitled ‘‘Providing Regulatory Submissions in Electronic Format—Drug Establishment Registration and Drug Listing,’’ available at https://www.fda.gov/Drugs/Guidance ComplianceRegulatoryInformation/ Guidances/ucm064994.htm. Under the revised draft guidance, outsourcing facilities may request a waiver from the SPL electronic submission process by submitting a written request to FDA explaining why the use of electronic means is not reasonable for the person requesting the waiver. In response to the November 24, 2014, Federal Register notice, FDA received three comments on the revised draft guidance. Comments that addressed the information collection provisions are identified and discussed here. One comment expressed concern about being unable to submit a product report within the required 30-day reporting period because of the extensive amount of time to create a product report, especially for facilities with large product portfolios. The comment suggested that FDA did not recognize that each outsourcing facility will have numerous SPL entries into the electronic reporting system to make up a product report. In consideration of the comment, we have increased our burden estimate as reflected in the tables 1 and 2. We have also explained in the guidance that there are ways to simplify the submission of product reporting information and reduce the number of responses and total burden of submitting product reporting information. Initially, the creation of product report submissions can be time consuming, but submissions can be saved, updated, and resubmitted for subsequent reporting periods instead of creating a new submission each time. In addition, multiple strengths of the same drug, package sizes, and source NDC numbers can be consolidated into a single product submission in SPL. Based on current data for outsourcing facilities, we estimate approximately 55 outsourcing facilities will submit to FDA an initial report identifying all drugs compounded in the facility in the previous 6 months. By our calculation, PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 each product’s SPL submission is considered a separate response and therefore each facility’s product report will include multiple responses. Taking into account that a particular product that is compounded into different strengths from different sources of active ingredient can be reported in a single SPL response, we estimate that the number of products reported per facility will average 220 products per facility. This estimate is based on current data in product reports. Concerning the comment that each outsourcing facility will have numerous SPL entries, again we have revised our previous estimate to account for the fact that each product report will consist of multiple SPL responses per facility. We estimate that preparing and submitting this information electronically could take up to approximately 2 hours for each initial SPL response. We also estimate that approximately 55 outsourcing facilities will submit to FDA a report twice each year identifying all drugs compounded at the facility in the previous 6 months. As described previously, we estimate on average 220 SPL responses per facility. We estimate that preparing and submitting this information electronically will take approximately one half hour per response. At the same time, we have reduced the burden for semi-annual product submissions reasoning that outsourcing facilities can save each SPL response once initially created and submitted. For subsequent reports, an outsourcing facility may resubmit the same file(s) after changing only the following data elements to appropriate values for the reporting period (along with other data as appropriate): RootID and version number (both SPL metadata); effective date (to identify the reporting period); and the number of units produced. Furthermore, if a product was not compounded during a particular reporting period, no SPL response needs be sent for that product during that reporting period. Finally, we expect to receive no more than one waiver request from the electronic submission process for initial product reports and semi-annual reports, and estimate each request will take 1 hour to prepare and submit to FDA. Therefore, we estimate the burden of this collection of information as follows: E:\FR\FM\01AUN1.SGM 01AUN1 50525 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Notices TABLE 1—ESTIMATED INITIAL REPORTING BURDEN 1 Number of responses per respondent Number of respondents Information collection activity Average burden per response Total annual responses Total hours Submission of Initial Product Report ................................... Waiver Request From Electronic Submission of Initial Product Report ................................................................. 55 220 12,100 2 24,200 1 1 1 1 1 Total .............................................................................. ........................ ........................ ........................ ........................ 24,201 1 There are no capital costs or operating and maintenance costs associated with the information collection. TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of respondents Information collection activity Number of responses per respondent Average burden per response Total annual responses Total hours Submission for June Product Report ........................... Submission for December Product Report .................. Waiver Request From Electronic Submission of Product Reports. 55 55 1 220 220 1 12,100 12,100 1 0.5 (30 minutes) .... 0.5 (30 minutes) .... 1 ............................ 6,050 6,050 1 Total ...................................................................... ........................ ........................ ........................ ............................... 12,101 1 There are no capital costs or operating and maintenance costs associated with the information collection. Dated: July 26, 2016. Jeremy Sharp, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2016–18048 Filed 7–29–16; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2016–N–0007] Food Safety Modernization Act Domestic and Foreign Facility Reinspection, Recall, and Importer Reinspection Fee Rates for Fiscal Year 2017 AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA) is announcing the fiscal year (FY) 2017 fee rates for certain domestic and foreign facility reinspections, failures to comply with a recall order, and importer reinspections that are authorized by the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the FDA Food Safety Modernization Act (FSMA). These fees are effective on October 1, 2016, and will remain in effect through September 30, 2017. FOR FURTHER INFORMATION CONTACT: Jason Lewis, Office of Resource Management, Office of Regulatory Affairs, Food and Drug Administration, 12420 Parklawn Dr., Rm. 2046, sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:16 Jul 29, 2016 Jkt 238001 Rockville, MD 20857, 301–796–5957, email: Jason.Lewis@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background Section 107 of FSMA (Pub. L. 111– 353) added section 743 to the FD&C Act (21 U.S.C. 379j–31) to provide FDA with the authority to assess and collect fees from, in part: (1) The responsible party for each domestic facility and the U.S. agent for each foreign facility subject to a reinspection, to cover reinspectionrelated costs; (2) the responsible party for a domestic facility and an importer who does not comply with a recall order, to cover food 1 recall activities associated with such order; and (3) each importer subject to a reinspection to cover reinspection-related costs (sections 743(a)(1)(A), (B), and (D) of the FD&C Act). Section 743 of the FD&C Act directs FDA to establish fees for each of these activities based on an estimate of 100 percent of the costs of each activity for each year (sections 743(b)(2)(A)(i), (ii), and (iv)), and these fees must be made available solely to pay for the costs of each activity for which the fee was incurred (section 743(b)(3)). These fees are effective on October 1, 2016, and will remain in effect through September 30, 2017. Section 743(b)(2)(B)(iii) of the FD&C Act directs FDA to develop a proposed set of guidelines in consideration of the burden of fee amounts on small businesses. As a first step in developing 1 The term ‘‘food’’ for purposes of this document has the same meaning as such term in section 201(f) of the FD&C Act (21 U.S.C. 321(f)). PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 these guidelines, FDA invited public comment on the potential impact of the fees authorized by section 743 of the FD&C Act on small businesses (76 FR 45818, August 1, 2011). The comment period for this request ended November 30, 2011. As stated in FDA’s September 2011 ‘‘Guidance for Industry: Implementation of the Fee Provisions of Section 107 of the FDA Food Safety Modernization Act,’’ (https:// www.fda.gov/Food/ GuidanceRegulation/ GuidanceDocuments RegulatoryInformation/FoodDefense/ ucm274176.htm), because FDA recognizes that for small businesses the full cost recovery of FDA reinspection or recall oversight could impose severe economic hardship, FDA intends to consider reducing certain fees for those firms. FDA does not intend to issue invoices for reinspection or recall order fees until FDA publishes a guidance document outlining the process through which firms may request a reduction in fees. In addition, as stated in the September 2011 Guidance, FDA is in the process of considering various issues associated with the assessment and collection of importer reinspection fees. The fee rates set forth in this notice will be used to determine any importer reinspection fees assessed in FY 2017. II. Estimating the Average Cost of a Supported Direct FDA Work Hour for FY 2017 FDA is required to estimate 100 percent of its costs for each activity in order to establish fee rates for FY 2017. E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50523-50525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18048]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-1428]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for Industry 
on Electronic Drug Product Reporting of Human Drug Compounding 
Outsourcing Facilities Under Section 503B of the Federal Food, Drug, 
and Cosmetic Act

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 August 
31, 2016.

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 title. Also include the FDA 
docket number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown Street, North Bethesda, MD 20852, PRAStaff@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.

Guidance for Industry: Electronic Product Reporting for Human Drug 
Compounding Outsourcing Facilities Under Section 503B of the Federal 
Food, Drug, and Cosmetic Act; Availability--OMB Control Number 0910--
(NEW)

    On November 27, 2013, the President signed the Drug Quality and 
Security Act (DQSA) into law (Pub. L. 113-54).

[[Page 50524]]

The DQSA added a new section 503B to the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) (21 U.S.C. 353b). Under section 503B(b), a 
compounder can register as an outsourcing facility with FDA. If the 
conditions outlined in section 503B(a) of the FD&C Act are satisfied, a 
drug compounded by or under the direct supervision of a licensed 
pharmacist in an outsourcing facility is exempt from certain sections 
of the FD&C Act, including section 502(f)(1) (21 U.S.C. 352(f)(1)) 
(concerning the labeling of drugs with adequate directions for use) and 
section 505 (21 U.S.C. 355) (concerning the approval of human drug 
products under new drug applications or abbreviated new drug 
applications. Drugs compounded in outsourcing facilities are not exempt 
from the requirements of section 501(a)(2)(B) of the FD&C Act (21 
U.S.C. 351(a)(2)(B)) (concerning current good manufacturing practice 
for drugs).
    In the Federal Register of November 24, 2014 (79 FR 69857), FDA 
announced the availability of a revised draft guidance for industry 
entitled ``Electronic Drug Product Reporting for Human Drug Compounding 
Outsourcing Facilities Under Section 503B of the Federal Food, Drug, 
and Cosmetic Act.'' Under section 503B of the FD&C Act, and as 
described in the revised draft guidance, an outsourcing facility must, 
at the time of initial registration and twice each year, in June and 
December, submit to FDA a report identifying the drugs compounded by 
the facility during the previous six-month period. For each identified 
drug, the outsourcing facility must provide certain information, which 
is listed in section 503B(b)(2)(A)(ii) of the FD&C Act and in the 
revised draft guidance.
    Each facility that elects to register as an outsourcing facility 
must report the following information to FDA for each product that it 
compounds:
     The active ingredient and strength of active ingredient 
per unit;
     the source of the active ingredient (bulk or finished 
drug);
     the National Drug Code (NDC) number of the source drug or 
bulk active ingredient, if available;
     the dosage form and route of administration;
     the package description;
     the number of individual units produced; and
     the NDC number of the final product, if assigned.
    Compounded product information must be submitted to FDA 
electronically using the Structured Product Labeling (SPL) format and 
in accordance with section IV of the FDA guidance entitled ``Providing 
Regulatory Submissions in Electronic Format--Drug Establishment 
Registration and Drug Listing,'' available at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm064994.htm. Under 
the revised draft guidance, outsourcing facilities may request a waiver 
from the SPL electronic submission process by submitting a written 
request to FDA explaining why the use of electronic means is not 
reasonable for the person requesting the waiver.
    In response to the November 24, 2014, Federal Register notice, FDA 
received three comments on the revised draft guidance. Comments that 
addressed the information collection provisions are identified and 
discussed here.
    One comment expressed concern about being unable to submit a 
product report within the required 30-day reporting period because of 
the extensive amount of time to create a product report, especially for 
facilities with large product portfolios. The comment suggested that 
FDA did not recognize that each outsourcing facility will have numerous 
SPL entries into the electronic reporting system to make up a product 
report.
    In consideration of the comment, we have increased our burden 
estimate as reflected in the tables 1 and 2. We have also explained in 
the guidance that there are ways to simplify the submission of product 
reporting information and reduce the number of responses and total 
burden of submitting product reporting information.
    Initially, the creation of product report submissions can be time 
consuming, but submissions can be saved, updated, and resubmitted for 
subsequent reporting periods instead of creating a new submission each 
time. In addition, multiple strengths of the same drug, package sizes, 
and source NDC numbers can be consolidated into a single product 
submission in SPL.
    Based on current data for outsourcing facilities, we estimate 
approximately 55 outsourcing facilities will submit to FDA an initial 
report identifying all drugs compounded in the facility in the previous 
6 months. By our calculation, each product's SPL submission is 
considered a separate response and therefore each facility's product 
report will include multiple responses. Taking into account that a 
particular product that is compounded into different strengths from 
different sources of active ingredient can be reported in a single SPL 
response, we estimate that the number of products reported per facility 
will average 220 products per facility. This estimate is based on 
current data in product reports.
    Concerning the comment that each outsourcing facility will have 
numerous SPL entries, again we have revised our previous estimate to 
account for the fact that each product report will consist of multiple 
SPL responses per facility. We estimate that preparing and submitting 
this information electronically could take up to approximately 2 hours 
for each initial SPL response.
    We also estimate that approximately 55 outsourcing facilities will 
submit to FDA a report twice each year identifying all drugs compounded 
at the facility in the previous 6 months. As described previously, we 
estimate on average 220 SPL responses per facility. We estimate that 
preparing and submitting this information electronically will take 
approximately one half hour per response. At the same time, we have 
reduced the burden for semi-annual product submissions reasoning that 
outsourcing facilities can save each SPL response once initially 
created and submitted. For subsequent reports, an outsourcing facility 
may resubmit the same file(s) after changing only the following data 
elements to appropriate values for the reporting period (along with 
other data as appropriate): RootID and version number (both SPL 
metadata); effective date (to identify the reporting period); and the 
number of units produced. Furthermore, if a product was not compounded 
during a particular reporting period, no SPL response needs be sent for 
that product during that reporting period.
    Finally, we expect to receive no more than one waiver request from 
the electronic submission process for initial product reports and semi-
annual reports, and estimate each request will take 1 hour to prepare 
and submit to FDA.
    Therefore, we estimate the burden of this collection of information 
as follows:

[[Page 50525]]



                                 Table 1--Estimated Initial Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
 Information collection activity     Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Submission of Initial Product                 55             220          12,100               2          24,200
 Report.........................
Waiver Request From Electronic                 1               1               1               1               1
 Submission of Initial Product
 Report.........................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          24,201
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information collection.


                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Number of
        Information collection activity            Number of     responses per   Total annual          Average burden per response          Total hours
                                                  respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submission for June Product Report............              55             220          12,100  0.5 (30 minutes)........................           6,050
Submission for December Product Report........              55             220          12,100  0.5 (30 minutes)........................           6,050
Waiver Request From Electronic Submission of                 1               1               1  1.......................................               1
 Product Reports.
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ..............  ..............  ..............  ........................................          12,101
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information collection.


    Dated: July 26, 2016.
Jeremy Sharp,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2016-18048 Filed 7-29-16; 8:45 am]
 BILLING CODE 4164-01-P
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