Agency Information Collection Activities: Proposed Collection; Comment Request; Applications for Food and Drug Administration Approval To Market a New Drug, 24351-24356 [2017-10818]
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
information they conduct or sponsor.
The term ‘‘collection of information’’ is
defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA
requires federal agencies to publish a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension or reinstatement of an existing
collection of information, before
submitting the collection to OMB for
approval. To comply with this
requirement, CMS is publishing this
notice.
Information Collection
1. Type of Information Collection
Request: Revision of a currently
approved collection; Title of
Information Collection: Disclosure of
State Rating Requirements; Use: The
final rule ‘‘Patient Protection and
Affordable Care Act; Health Insurance
Market Rules; Rate Review’’ implements
sections 2701, 2702, and 2703 of the
Public Health Service Act (PHS Act), as
added and amended by the Affordable
Care Act, and sections 1302(e) and
1312(c) of the Affordable Care Act. The
rule directs that states submit to CMS
certain information about state rating
and risk pooling requirements for their
individual, small group, and large group
markets, as applicable. Specifically,
states will inform CMS of age rating
ratios that are narrower than 3:1 for
adults; tobacco use rating ratios that are
narrower than 1.5:1; a state-established
uniform age curve; geographic rating
areas; whether premiums in the small
and large group market are required to
be based on average enrollee amounts
(also known as composite premiums);
and, in states that do not permit any
rating variation based on age or tobacco
use, uniform family tier structures and
corresponding multipliers. In addition,
states that elect to merge their
individual and small group market risk
pools into a combined pool will notify
CMS of such election. This information
will allow CMS to determine whether
state-specific rules apply or Federal
default rules apply. It will also support
the accuracy of the federal risk
adjustment methodology. Form Number:
CMS–10454 (OMB Control Number
0938–1258); Frequency: On Occasion;
Affected Public: State, Local, or Tribal
Governments, Private Sector; Number of
Respondents: 47; Number of Responses:
47; Total Annual Hours: 2,239. (For
policy questions regarding this
collection, contact Russell Tipps at 301–
492–4371.)
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2. Type of Information Collection
Request: Revision of a currently
approved information collection
request; Title of Information Collection:
Information Collection for Machine
Readable Data for Provider Network and
Prescription Formulary Content for FFM
QHPs; Use: Under 45 CFR
156.122(d)(1)(2) and 156.230(c) and in
the final rule, Patient Protection and
Affordable Care Act; HHS Notice of
Benefit and Payment Parameters for
2018 (CMS–9934–F), standards for
qualified health plan (QHP) issuers are
established for the submission of
provider and formulary data in a
machine- readable format to the
Department of Health and Human
Services (HHS) and for posting on issuer
Web sites. These standards provide
greater transparency for consumers,
including by allowing software
developers to access formulary and
provider data to create innovative and
informative tools. Form Number: CMS–
10558 (OMB Control Number 0938–
1284); Frequency: Annually; Affected
Public: Private Sector, State, Business,
and Not-for Profits; Number of
Respondents: 397; Number of
Responses: 397; Total Hours: 208. (For
questions regarding this collection
contact Joshua Annas at (301) 4924407.)
3. Type of Information Collection
Request: New collection of information
request; Title of Information Collection:
State Permissions for Enrollment in
Qualified Health Plans in the Federally
Facilitated Exchange & Non-Exchange
Entities; Use: The Patient Protection and
Affordable Care Act, Public Law 111–
148, enacted on March 23, 2010, and the
Health Care and Education
Reconciliation Act, Public Law 111–
152, enacted on March 30, 2010
(collectively, ‘‘Affordable Care Act’’),
expand access to health insurance for
individuals and employees of small
businesses through the establishment of
new Affordable Insurance Exchanges
(Exchanges), also called Marketplaces,
including the Small Business Health
Options Program (SHOP). The
Exchanges, which became operational
on January 1, 2014, enhance
competition in the health insurance
market, expand access to affordable
health insurance for millions of
Americans, and provide consumers with
a place to easily compare and shop for
health insurance coverage.
This Information Collection Request
(ICR) serves as the formal request for a
new data collection clearance associated
with the HHS Notice of Benefit and
Payment Parameters for 2018 Final Rule
(2018 Payment Notice). This ICR
includes data collections related to the
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24351
ability of states to permit agents and
brokers to assist qualified individuals,
qualified employers, or qualified
employees enrolling in Qualified Health
Plans in the Federally Facilitated
Exchange (§ 155.220) and ICRs related to
non-exchange entities (§ 155.260). Form
Number: CMS–10650 (OMB Control
Number 0939—NEW); Frequency:
Annually; Affected Public: Private
Sector, State, Business, and Not-for
Profits; Number of Respondents:
107,207; Number of Responses: 107,207;
Total Annual Hours: 512,141. (For
questions regarding this collection
contact Joshua Annas at (301–492–
4407).
Dated: May 23, 2017.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office
of Strategic Operations and Regulatory
Affairs.
[FR Doc. 2017–10944 Filed 5–25–17; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–N–0523]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Applications for
Food and Drug Administration
Approval To Market a New Drug
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (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 requirements
governing applications for FDA
approval to market a new drug.
DATES: Submit either electronic or
written comments on the collection of
information by June 26, 2017. Late,
untimely filed comments will not be
considered. Electronic comments must
be submitted on or before July 25, 2017.
The https://www.regulations.gov
electronic filing system will accept
comments until midnight Eastern Time
SUMMARY:
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
at the end of July 25, 2017. Comments
received by mail/hand delivery/courier
(for written/paper submissions) will be
considered timely if they are
postmarked or the delivery service
acceptance receipt is on or before that
date.
ADDRESSES: You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2013–N–0523 for ‘‘Agency Information
Collection Activities; Proposed
Collection; Comment Request;
Applications for FDA Approval to
Market a New Drug.’’ Received
comments, those filed in a timely
manner (see DATES), will be placed in
the docket and, except for those
submitted as ‘‘Confidential
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Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Domini Bean, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–5733, PRAStaff@
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
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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.
Application for FDA Approval To
Market a New Drug
OMB Control Number 0910–0001—
Extension
Under section 505(a) of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 355(a)), a new
drug may not be commercially marketed
in the United States, imported, or
exported from the United States, unless
an approval of an application filed with
FDA under section 505(b) or (j) of the
FD&C Act is effective with respect to
such drug. The Agency has codified
regulations regarding applications for
FDA approval to market a new drug
under 21 CFR part 314. This collection
of information supports the regulatory
requirements found in those regulations.
The collection of information is
necessary for FDA to make a scientific
and technical determination whether
the product is safe and effective for use,
and is summarized as follows:
Section 314.50(a) requires that an
application form (Form FDA 356h) be
submitted that includes information
about the applicant, the submission, and
a checklist of enclosures.
Section 314.50(b) requires that an
index be submitted with the archival
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copy of the application and that it
reference certain sections of the
application.
Section 314.50(c) requires that a
summary of the application be
submitted that presents a good general
synopsis of all the technical sections
and other information in the
application.
Section 314.50(d) requires that the
NDA contain the following technical
sections about the new drug: (1)
Chemistry, manufacturing, and controls;
(2) nonclinical pharmacology and
toxicology; (3) human pharmacokinetics
and bioavailability; (4) microbiology; (5)
clinical data; (6) statistical; and (7)
pediatric use sections.
Section 314.50(e) requires the
applicant to submit samples of the drug
if requested by FDA. In addition, the
archival copy of the application must
include copies of the label and all
labeling for the drug.
Section 314.50(f) requires that case
report forms and tabulations be
submitted with the archival copy.
Section 314.50(h) requires that patent
information, as described under
§ 314.53, be submitted with the
application. However, burden hours for
§ 314.50(h) are approved under OMB
control numbers 0910–0513, Patent
Certification Forms 3542 and 3542a and
0910–0786, Abbreviated New Drug
Applications and 505(b)(2) Applications
and are therefore not included among
the estimates found in table 1.
Section 314.50(i) requires that patent
certification information be submitted
in section 505(b)(2) applications for
patents claiming the drug substance,
drug product, or method of use.
Sections 314.50(i)(1)(i)(C) and 314.54(i)
and (j) require that patent certification
information be submitted for each
patent listed in the ‘‘Approved Drug
Products with Therapeutic Equivalence
Evaluations’’ (the Orange Book) for a
drug product approved in an NDA that
is pharmaceutically equivalent to the
proposed drug product in the original
505(b)(2) application and was submitted
and was approved before the original
505(b)(2) application was submitted.
Burden for these provisions is included
under OMB control number 0910–0786.
Section 314.50(j) requires that
applicants who request a period of
marketing exclusivity submit certain
information with the application.
Section 314.50(k) requires that the
application contain a financial
certification or disclosure statement or
both.
Section 314.50(l) requires that an
archival, review, and field copy of the
application be submitted, including the
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content of labeling and all labeling and
labels.
Section 314.52 requires that any
notice of certification of invalidity,
unenforceability, or non-infringement of
a patent to each patent owner and the
NDA holder be sent by a section
505(b)(2) applicant that relies on a listed
drug. A 505(b)(2) applicant is required
to amend its application at the time
notice is provided to include a
statement certifying that the required
notice has been provided. A 505(b)(2)
applicant also is required to amend its
application to document receipt of the
required notice. Burden hours for these
provisions are included in OMB control
number 0910–0786.
Section 314.53 sets forth the patent
information requirements for applicants
who submit applications or
amendments to the application filed
under section 505(b)(2) of the FD&C Act
or supplements to the approved
505(b)(2) application. Burden hours for
these collections are approved in OMB
control number 0910–0786.
Section 314.54 sets forth the content
requirements for applications filed
under section 505(b)(2) of the FD&C Act.
The burden estimate for 505(b)(2)
applications is included in table 1 under
the estimates for § 314.50(a) through (g)
and (i) through (l).
Section 314.55 sets forth the
assessment requirements for each
application. The burden estimate for
505(b)(2) applications is included in
table 1 under the estimates for
§ 314.50(a) through (g) and (i) through
(l).
Section 314.60 sets forth reporting
requirements and patent certification
requirements for sponsors who amend
an unapproved 505(b)(2) application.
Burden hours for the § 314.60(f)
collections are approved under OMB
control number 0910–0786.
Section 314.65 states that the sponsor
must notify FDA when withdrawing an
unapproved application.
Sections 314.70 and 314.71 require
that supplements be submitted to FDA
for certain changes to an approved
application.
Section 314.72 requires sponsors to
report to FDA any transfer of ownership
of an application.
Section 314.80(c)(1) and (2) sets forth
requirements for expedited adverse drug
experience postmarketing reports and
followup reports, as well as for periodic
adverse drug experience postmarketing
reports (Form FDA 3500A).
Section 314.80(i) establishes
recordkeeping requirements for reports
of postmarketing adverse drug
experiences. The burden hours for
§ 314.80(i) are approved under OMB
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24353
control numbers 0910–0230, Adverse
Drug Experience Reporting and 0910–
0291, MedWatch: FDA’s Medical
Reporting Program and therefore burden
estimates are not included in table 1.
Section 314.81(b)(1) requires that
NDA and ANDA field alert reports be
submitted to FDA (Forms FDA 3331 and
3331a).
Section 314.81(b)(2) requires that
annual reports be submitted to FDA
(Form FDA 2252).
Section 314.81(b)(3)(i) requires that
drug advertisements and promotional
labeling be submitted to FDA (Form
FDA 2253).
Section 314.81(b)(3)(iii) sets forth
reporting requirements for sponsors
who withdraw an approved drug
product from sale. The burden hours for
§ 314.81(b)(3)(iii) are approved under
OMB control number 0910–0045,
Registration of Producers of Drugs and
Listing of Drugs in Commercial
Distribution and therefore are not
included in table 1.
Section 314.90 sets forth requirements
for sponsors who request waivers from
FDA for compliance with §§ 314.50
through 314.81. The information
collection burden estimate for NDA
waiver requests is included in table 1
under the estimates for each section that
is in part 314, subpart B.
Section 314.93 sets forth requirements
for submitting a suitability petition to
request a change from a listed drug in
accordance with §§ 10.20 and 10.30.
The burden hours for § 314.93 are
approved under OMB control number
0910–0191, Administrative Practices
and Procedures; Formal Evidentiary
Public Hearing and are not included in
table 1.
Section 314.94(a) through (d) require
that an ANDA contain the following
information: (1) Application form; (2)
table of contents; (3) basis for ANDA
submission; (4) conditions of use; (5)
active ingredients; (6) route of
administration, dosage form, and
strength; (7) bioequivalence; (8)
labeling; (9) chemistry, manufacturing,
and controls; (10) samples; and (11)
patent certification.
Section 314.95 requires that any
notice of certification of invalidity or
non-infringement of a patent to each
patent owner and the NDA holder be
sent by ANDA applicants.
Section 314.96 sets forth requirements
for amendments to an unapproved
ANDA.
Section 314.97 sets forth requirements
for submitting supplements to an
approved ANDA for certain changes to
the application. Approval of burden
hours for information collections for
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§§ 314.95, through 314.97 are covered
under OMB control number 0910–0786.
Section 314.98(a) sets forth
postmarketing adverse drug experience
reporting and recordkeeping
requirements for ANDAs. The burden
hours for § 314.98(a) are approved under
OMB control numbers 0910–0230 and
0910–0291 and are not included in table
1.
Section 314.98(b) requires other
postmarketing reports for ANDAs: (1)
Field alert reports (Form FDA 3331a);
(2) annual reports (Form FDA 2252);
and (3) advertisements and promotional
labeling (Form FDA 2253). (The
information collection burden estimate
for field alert reports is included in table
1 under § 314.81(b)(1); the estimate for
annual reports is included under
§ 314.81(b)(2); the estimate for
advertisements and promotional
labeling is included under
§ 314.81(b)(3)(i).)
Section 314.99(a) requires that
sponsors comply with certain reporting
requirements for withdrawing an
unapproved ANDA and for a change in
ownership of an ANDA.
Section 314.99(b) sets forth
requirements for sponsors who request
waivers from FDA for compliance with
§§ 314.92 through 314.99. (The
information collection burden estimate
for ANDA waiver requests is included
in table 1 under the estimates for each
section that is in part 314, subpart C.)
Section 314.101(a) states that if FDA
refuses to file an application, the
applicant may request an informal
conference with FDA and request that
the application be filed over protest.
Section 314.107(c) requires notice to
FDA by the first applicant to submit a
substantially complete ANDA
containing a certification that a relevant
patent is invalid, unenforceable, or will
not be infringed of the date of first
commercial marketing. The burden
estimate for § 314.107(c) is included in
table 1 under the estimates for
§ 314.50(a) through (g) and (i) through
(l).
Section 314.107(e) requires that an
applicant submit a copy of the entry of
the order or judgment to FDA within 10
working days of a final judgment. The
burden estimate for § 314.107(e)
applications is included in table 1 under
the estimates for § 314.50(a) through (g)
and (i) through (l) and is approved
under OMB control number 0910–0786.
Section 314.107(f) requires that
ANDA or section 505(b)(2) applicants
notify FDA immediately of the filing of
any legal action filed within 45 days of
receipt of the notice of certification. A
patent owner must also notify FDA of
the filing of any legal action for patent
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infringement. If the patent owner or
approved application holder who is an
exclusive patent licensee waives its
opportunity to file a legal action for
patent infringement within the 45-day
period, the patent owner or approved
application holder may submit to FDA
a waiver in the specified format. The
burden estimate for § 314.107(f) is
included in table 1 under the estimates
for § 314.50 (a) through (g) and (i)
through (l) and is approved under OMB
control number 0910–0786.
Section 314.110(b)(3) states that, after
receipt of an FDA complete response
letter, an applicant must either: (1)
Resubmit the application addressing all
the deficiencies identified in the
complete response letter; (2) withdraw
the application or; (3) request an
opportunity for a hearing on the
question of whether there are grounds
for denying approval of the application.
The burden hours for § 314.110(b)(3) are
included under parts 10 through 16 (21
CFR parts 10 through 16, OMB control
number 0910–0191) hearing regulations,
in accordance with § 314.201, and are
not included in table 1.
Section 314.122(a) requires that an
ANDA or a suitability petition that
relies on a listed drug that has been
voluntarily withdrawn from sale must
be accompanied by a petition seeking a
determination whether the drug was
withdrawn for safety or effectiveness
reasons. The burden hours for
§ 314.122(a) are approved under OMB
control number 0910–0191 and
therefore are not included in table 1.
Section 314.122(d) sets forth
requirements for relisting petitions for
unlisted discontinued products. The
burden hours for § 314.122(d) are
approved under OMB control number
0910–0191 and therefore are not
included in table 1.
Sections 314.125 and 314.127 state
that FDA may refuse to approve an NDA
or an ANDA and will provide the
applicant written notice of an
opportunity for a hearing under
§ 314.200 along with the reason for
refusal to approve the application,
including lack of a patent certification
or statement with respect to each listed
patent for an approved drug product
that is pharmaceutically equivalent to
the drug product for which the original
505(b)(2) application is submitted and
was approved before the original
505(b)(2) was submitted. The burden
hours for §§ 314.125 and 314.127 (refuse
to approve an ANDA) are included
under parts 10 through 16 hearing
regulations (in accordance with
§ 314.201) and approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
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Section 314.126(c) sets forth
requirements for a petition to waive
criteria for adequate and well-controlled
studies. The burden hours for
§ 314.126(c) are approved under OMB
control number 0910–0191 and
therefore are not included in table 1.
Sections 314.150(a) and (b) and
314.151(a) and (b) set forth requirements
for the withdrawal of approval of an
NDA or ANDA and the applicant’s
opportunity for a hearing and
submission of comments. The burden
hours for § 314.151(a) and (b) are
included under parts 10 through 16
hearing regulations, in accordance with
§ 314.201, and approved under OMB
control number 0910–0191 and
therefore are not included in table 1.
Section 314.151(c) sets forth the
requirements for withdrawal of approval
of an ANDA and the applicant’s
opportunity to submit written objections
and participate in a limited oral hearing.
The burden hours for § 314.151(c) are
included under parts 10 through 16
hearing regulations, in accordance with
§ 314.201, approved under OMB control
number 0910–0191, and therefore are
not included in table 1.
Section 314.153(b) sets forth the
requirements for suspension of an
ANDA when the listed drug is
voluntarily withdrawn for safety and
effectiveness reasons, and the
applicant’s opportunity to present
comments and participate in a limited
oral hearing. The burden hours for
§ 314.152(b) are included under parts 10
through 16 hearing regulations, in
accordance with § 314.201, approved
under OMB control number 0910–0191,
and therefore are not included in table
1.
Section 314.161(b) and (e) sets forth
the requirements for submitting a
petition to determine whether a listed
drug was voluntarily withdrawn from
sale for safety or effectiveness reasons.
The burden hours for § 314.161(b) and
(e) are approved under OMB control
number 0910–0191 and therefore are not
included in table 1.
Section 314.200(c), (d), and (e)
requires that applicants or others subject
to a notice of opportunity for a hearing
who wish to participate in a hearing file
a written notice of participation and
request for a hearing as well as the
studies, data, and so forth, relied on.
Other interested persons may also
submit comments on the notice. This
section also sets forth the content and
format requirements for the applicants’
submission in response to notice of
opportunity for hearing. The burden
hours for § 314.200(c), (d), and (e) are
included under parts 10 through 16
hearing regulations, in accordance with
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§ 314.201, are approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
Section 314.200(f) states that
participants in a hearing may make a
motion to the presiding officer for the
inclusion of certain issues in the
hearing. The burden hours for
§ 314.200(f) are included under parts 10
through 16 hearing regulations, in
accordance with § 314.201, are
approved under OMB control number
0910–0191, and therefore are not
included in table 1.
Section 314.200(g) states that a person
who responds to a proposed order from
FDA denying a request for a hearing
provide sufficient data, information, and
analysis to demonstrate that there is a
genuine and substantial issue of fact
which justifies a hearing. The burden
hours for § 314.200(g) are included
under parts 10 through 16 hearing
regulations, in accordance with
§ 314.201, are approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
Section 314.420 states that an
applicant may submit to FDA a drug
master file in support of an application,
in accordance with certain content and
format requirements.
Section 314.430 states that data and
information in an application are
disclosable under certain conditions,
unless the applicant shows that
extraordinary circumstances exist. The
burden hours for § 314.430 are included
under parts 10 through 16 hearing
regulations, in accordance with
§ 314.201, are approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
Section 314.530(c) and (e) states that
if FDA withdraws approval of a drug
approved under the accelerated
approval procedures, the applicant has
the opportunity to request a hearing and
submit data and information. The
burden hours for § 314.530(c) and (e) are
included under parts 10 through 16
hearing regulations, in accordance with
§ 314.201, are approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
Section 314.530(f) requires that an
applicant first submit a petition for stay
of action before requesting an order
from a court for a stay of action pending
review. The burden hours for
§ 314.530(f) are approved under OMB
control number 0910–0191, and
therefore are not included in table 1.
Section 314.550 requires an applicant
with a new drug product being
considered for accelerated approval to
submit copies of all promotional
materials to the FDA during the
preapproval and post-approval periods.
Section 314.610(b)(1) requires that
applicants include a plan or approach to
postmarketing study commitments in
applications for approval of new drugs
when human efficacy studies are not
ethical or feasible, and provide status
reports of postmarketing study
commitments. The burden estimate for
§ 314.610(b)(1) is included in table 1
under the estimates for §§ 314.50 (a)
through (f), (k), and (l) and 314.81(b)(2)).
Section 314.610(b)(3) requires that
applicants propose labeling to be
provided to patient recipients in
applications for approval of new drugs
when human efficacy studies are not
ethical or feasible. The burden estimate
for § 314.610(b)(3) is included in table 1
under the estimates for § 314.50(e).
Section 314.630 requires that
applicants provide postmarketing safety
reporting for applications for approval
of new drugs when human efficacy
studies are not ethical or feasible. The
burden hours for § 314.630 are approved
under OMB control numbers 0910–0230
and 0910–0291 and therefore not
included in table 1.
Section 314.640 requires that
applicants provide promotional
materials for applications for approval
of new drugs when human efficacy
studies are not ethical or feasible. The
burden estimate for § 314.640 is
included in table 1 under the estimates
for § 314.81(b)(3)(i)).
Accordingly, we estimate the burden
for this collection of information as
follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
21 CFR Section/
[FDA Form No.]
Number of
respondents
Number of
responses per
respondent
Total
annual
responses
Average
burden per
response
Total hours
314.50(a)–(g), (i)–(l) [356h]—Content and format of a
505(b)(1) or 505(b)(2) application ....................................
314.52—Non-infringement of patents (NDAs) .....................
314.95—Non-infringement of patents (ANDAs) ..................
314.60—Amendments .........................................................
314.65—Withdrawal of unapproved applications ................
314.70 and 314.71—Supplements and submissions ..........
314.72—Change of ownership ............................................
314.81—Other postmarketing reports and 314.81(b)(1)
[3331 and 3331a] field alert reports .................................
314.81(b)(2) [2252]—Annual reports ...................................
314.81(b)(3)(i) [2253]—Promotional labeling .......................
314.94(a) and (d)—ANDA content ......................................
314.96(a)(1)—Amendments to unapproved ANDAs ...........
314.97—Supplements to ANDAs ........................................
314.99(a)—Responsibilities of ANDA Applicants ................
314.101(a)—ANDA filing ......................................................
378
7
209
564
27
838
142
1.33
3
3
9.96
71.63
7.04
2.04
503
21
627
5,618
1934
5,897
289
1,921
16
16
80
2
150
2
966,263
336
10,032
449,440
3,868
884,550
578
342
913
529
180.5
514
343
265
1
19.98
5.07
81.66
3.75
26.66
17.57
7.04
1
6,834
4632
43,198
676.5
13,647
6027
1867
1
54,672
185,280
86,396
324,720
1,091,760
482,160
3,734
.5
314.420—Drug Master Files ................................................
314.550—Promotional material and subpart H applications
500
29
2.06
7.76
1,028
225
8
40
2
480
80
80
2
.5
(30 minutes)
61
120
Total ..............................................................................
........................
........................
........................
........................
4,633,497.5
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Notices
Dated: May 22, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
FOR FURTHER INFORMATION CONTACT:
Amber Sanford, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–8867, PRAStaff@
fda.hhs.gov.
[FR Doc. 2017–10818 Filed 5–25–17; 8:45 am]
BILLING CODE 4164–01–P
In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2017–N–0084]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Adverse Event
Program for Medical Devices (Medical
Product Safety Network)
AGENCY:
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 June 26,
2017.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, Fax: 202–
395–7285, or emailed to oira_
submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–0471. Also
include the FDA docket number found
in brackets in the heading of this
document.
SUMMARY:
Adverse Event Program for Medical
Devices (Medical Product Safety
Network (MedSun)); OMB Control
Number 0910–0471—Extension
Under section 519 of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act) (21 U.S.C. 360i) authorizes
FDA to require: (1) Manufacturers to
report medical device-related deaths,
serious injuries, and malfunctions and
(2) user facilities to report device-related
deaths directly to manufacturers and
FDA and serious injuries to the
manufacturer. Section 213 of the Food
and Drug Administration Modernization
Act of 1997 (Pub. L. 105–115) amended
section 519(b) of the FD&C Act relating
to mandatory reporting by user facilities
of deaths, serious injuries, and serious
illnesses associated with the use of
medical devices. This amendment
legislated the replacement of universal
user facility reporting by a system that
is limited to a ‘‘. . . subset of user
facilities that constitutes a
representative profile of user reports’’
for device-related deaths and serious
injuries. This amendment is reflected in
section 519(b)(5)(A) of the FD&C Act.
This legislation provides FDA with the
opportunity to design and implement a
national surveillance network,
composed of well-trained clinical
facilities, to provide high-quality data
on medical devices in clinical use. This
system is called the Medical Product
Safety Network (MedSun).
FDA is seeking OMB clearance to
continue to use electronic data
collection to obtain the information on
Form FDA 3500A (approved under
OMB control number 0910–0291)
related to medical devices and tissue
products from the user facilities
participating in MedSun, to obtain a
demographic profile of the facilities,
and for additional questions, which will
permit FDA to better understand the
cause of reported adverse events.
Participation in the program is
voluntary and includes approximately
250 facilities.
In addition to collecting data on the
electronic adverse event report form,
MedSun collects additional information
from participating sites about reported
problems emerging from the MedSun
hospitals. This data collection is also
voluntary and is collected on the same
Web site as the report information.
The burden estimate is based on the
number of facilities participating in
MedSun (250). FDA estimates an
average of 15 reports per site annually.
This estimate is based on MedSun
working to promote reporting in general
from the sites, as well as promoting
reporting from specific parts of the
hospitals, such as the pediatric
intensive care units, the
electrophysiology laboratories, and the
hospital laboratories.
In the Federal Register of January 19,
2017 (82 FR 6566), FDA published a 60day notice requesting public comment
on the proposed collection of
information. No comments were
received.
FDA estimates the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
respondents
Activity
Adverse event reporting ............................................................
1 There
Number of
responses per
respondent
250
Total annual
responses
15
3,750
are no capital costs or operating and maintenance costs associated with this collection of information.
Dated: May 22, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning,
Legislation, and Analysis.
[FR Doc. 2017–10844 Filed 5–25–17; 8:45 am]
BILLING CODE 4164–01–P
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Average
burden per
response
.75 (45
minutes).
Total hours
2,813
Agencies
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24351-24356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10818]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2013-N-0523]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Applications for Food and Drug Administration Approval
To Market a New Drug
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(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 requirements governing applications for
FDA approval to market a new drug.
DATES: Submit either electronic or written comments on the collection
of information by June 26, 2017. Late, untimely filed comments will not
be considered. Electronic comments must be submitted on or before July
25, 2017. The https://www.regulations.gov electronic filing system will
accept comments until midnight Eastern Time
[[Page 24352]]
at the end of July 25, 2017. Comments received by mail/hand delivery/
courier (for written/paper submissions) will be considered timely if
they are postmarked or the delivery service acceptance receipt is on or
before that date.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2013-N-0523 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Applications for FDA Approval to
Market a New Drug.'' Received comments, those filed in a timely manner
(see DATES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A63, 11601
Landsdown St., North Bethesda, MD 20852, 301-796-5733,
PRAStaff@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
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.
Application for FDA Approval To Market a New Drug
OMB Control Number 0910-0001--Extension
Under section 505(a) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 355(a)), a new drug may not be commercially
marketed in the United States, imported, or exported from the United
States, unless an approval of an application filed with FDA under
section 505(b) or (j) of the FD&C Act is effective with respect to such
drug. The Agency has codified regulations regarding applications for
FDA approval to market a new drug under 21 CFR part 314. This
collection of information supports the regulatory requirements found in
those regulations. The collection of information is necessary for FDA
to make a scientific and technical determination whether the product is
safe and effective for use, and is summarized as follows:
Section 314.50(a) requires that an application form (Form FDA 356h)
be submitted that includes information about the applicant, the
submission, and a checklist of enclosures.
Section 314.50(b) requires that an index be submitted with the
archival
[[Page 24353]]
copy of the application and that it reference certain sections of the
application.
Section 314.50(c) requires that a summary of the application be
submitted that presents a good general synopsis of all the technical
sections and other information in the application.
Section 314.50(d) requires that the NDA contain the following
technical sections about the new drug: (1) Chemistry, manufacturing,
and controls; (2) nonclinical pharmacology and toxicology; (3) human
pharmacokinetics and bioavailability; (4) microbiology; (5) clinical
data; (6) statistical; and (7) pediatric use sections.
Section 314.50(e) requires the applicant to submit samples of the
drug if requested by FDA. In addition, the archival copy of the
application must include copies of the label and all labeling for the
drug.
Section 314.50(f) requires that case report forms and tabulations
be submitted with the archival copy.
Section 314.50(h) requires that patent information, as described
under Sec. 314.53, be submitted with the application. However, burden
hours for Sec. 314.50(h) are approved under OMB control numbers 0910-
0513, Patent Certification Forms 3542 and 3542a and 0910-0786,
Abbreviated New Drug Applications and 505(b)(2) Applications and are
therefore not included among the estimates found in table 1.
Section 314.50(i) requires that patent certification information be
submitted in section 505(b)(2) applications for patents claiming the
drug substance, drug product, or method of use. Sections
314.50(i)(1)(i)(C) and 314.54(i) and (j) require that patent
certification information be submitted for each patent listed in the
``Approved Drug Products with Therapeutic Equivalence Evaluations''
(the Orange Book) for a drug product approved in an NDA that is
pharmaceutically equivalent to the proposed drug product in the
original 505(b)(2) application and was submitted and was approved
before the original 505(b)(2) application was submitted. Burden for
these provisions is included under OMB control number 0910-0786.
Section 314.50(j) requires that applicants who request a period of
marketing exclusivity submit certain information with the application.
Section 314.50(k) requires that the application contain a financial
certification or disclosure statement or both.
Section 314.50(l) requires that an archival, review, and field copy
of the application be submitted, including the content of labeling and
all labeling and labels.
Section 314.52 requires that any notice of certification of
invalidity, unenforceability, or non-infringement of a patent to each
patent owner and the NDA holder be sent by a section 505(b)(2)
applicant that relies on a listed drug. A 505(b)(2) applicant is
required to amend its application at the time notice is provided to
include a statement certifying that the required notice has been
provided. A 505(b)(2) applicant also is required to amend its
application to document receipt of the required notice. Burden hours
for these provisions are included in OMB control number 0910-0786.
Section 314.53 sets forth the patent information requirements for
applicants who submit applications or amendments to the application
filed under section 505(b)(2) of the FD&C Act or supplements to the
approved 505(b)(2) application. Burden hours for these collections are
approved in OMB control number 0910-0786.
Section 314.54 sets forth the content requirements for applications
filed under section 505(b)(2) of the FD&C Act. The burden estimate for
505(b)(2) applications is included in table 1 under the estimates for
Sec. 314.50(a) through (g) and (i) through (l).
Section 314.55 sets forth the assessment requirements for each
application. The burden estimate for 505(b)(2) applications is included
in table 1 under the estimates for Sec. [thinsp]314.50(a) through (g)
and (i) through (l).
Section 314.60 sets forth reporting requirements and patent
certification requirements for sponsors who amend an unapproved
505(b)(2) application. Burden hours for the Sec. 314.60(f) collections
are approved under OMB control number 0910-0786.
Section 314.65 states that the sponsor must notify FDA when
withdrawing an unapproved application.
Sections 314.70 and 314.71 require that supplements be submitted to
FDA for certain changes to an approved application.
Section 314.72 requires sponsors to report to FDA any transfer of
ownership of an application.
Section 314.80(c)(1) and (2) sets forth requirements for expedited
adverse drug experience postmarketing reports and followup reports, as
well as for periodic adverse drug experience postmarketing reports
(Form FDA 3500A).
Section 314.80(i) establishes recordkeeping requirements for
reports of postmarketing adverse drug experiences. The burden hours for
Sec. 314.80(i) are approved under OMB control numbers 0910-0230,
Adverse Drug Experience Reporting and 0910-0291, MedWatch: FDA's
Medical Reporting Program and therefore burden estimates are not
included in table 1.
Section 314.81(b)(1) requires that NDA and ANDA field alert reports
be submitted to FDA (Forms FDA 3331 and 3331a).
Section 314.81(b)(2) requires that annual reports be submitted to
FDA (Form FDA 2252).
Section 314.81(b)(3)(i) requires that drug advertisements and
promotional labeling be submitted to FDA (Form FDA 2253).
Section 314.81(b)(3)(iii) sets forth reporting requirements for
sponsors who withdraw an approved drug product from sale. The burden
hours for Sec. [thinsp]314.81(b)(3)(iii) are approved under OMB
control number 0910-0045, Registration of Producers of Drugs and
Listing of Drugs in Commercial Distribution and therefore are not
included in table 1.
Section 314.90 sets forth requirements for sponsors who request
waivers from FDA for compliance with Sec. Sec. 314.50 through 314.81.
The information collection burden estimate for NDA waiver requests is
included in table 1 under the estimates for each section that is in
part 314, subpart B.
Section 314.93 sets forth requirements for submitting a suitability
petition to request a change from a listed drug in accordance with
Sec. Sec. 10.20 and 10.30. The burden hours for Sec. [thinsp]314.93
are approved under OMB control number 0910-0191, Administrative
Practices and Procedures; Formal Evidentiary Public Hearing and are not
included in table 1.
Section 314.94(a) through (d) require that an ANDA contain the
following information: (1) Application form; (2) table of contents; (3)
basis for ANDA submission; (4) conditions of use; (5) active
ingredients; (6) route of administration, dosage form, and strength;
(7) bioequivalence; (8) labeling; (9) chemistry, manufacturing, and
controls; (10) samples; and (11) patent certification.
Section 314.95 requires that any notice of certification of
invalidity or non-infringement of a patent to each patent owner and the
NDA holder be sent by ANDA applicants.
Section 314.96 sets forth requirements for amendments to an
unapproved ANDA.
Section 314.97 sets forth requirements for submitting supplements
to an approved ANDA for certain changes to the application. Approval of
burden hours for information collections for
[[Page 24354]]
Sec. Sec. 314.95, through 314.97 are covered under OMB control number
0910-0786.
Section 314.98(a) sets forth postmarketing adverse drug experience
reporting and recordkeeping requirements for ANDAs. The burden hours
for Sec. 314.98(a) are approved under OMB control numbers 0910-0230
and 0910-0291 and are not included in table 1.
Section 314.98(b) requires other postmarketing reports for ANDAs:
(1) Field alert reports (Form FDA 3331a); (2) annual reports (Form FDA
2252); and (3) advertisements and promotional labeling (Form FDA 2253).
(The information collection burden estimate for field alert reports is
included in table 1 under Sec. [thinsp]314.81(b)(1); the estimate for
annual reports is included under Sec. 314.81(b)(2); the estimate for
advertisements and promotional labeling is included under Sec.
314.81(b)(3)(i).)
Section 314.99(a) requires that sponsors comply with certain
reporting requirements for withdrawing an unapproved ANDA and for a
change in ownership of an ANDA.
Section 314.99(b) sets forth requirements for sponsors who request
waivers from FDA for compliance with Sec. Sec. 314.92 through 314.99.
(The information collection burden estimate for ANDA waiver requests is
included in table 1 under the estimates for each section that is in
part 314, subpart C.)
Section 314.101(a) states that if FDA refuses to file an
application, the applicant may request an informal conference with FDA
and request that the application be filed over protest.
Section 314.107(c) requires notice to FDA by the first applicant to
submit a substantially complete ANDA containing a certification that a
relevant patent is invalid, unenforceable, or will not be infringed of
the date of first commercial marketing. The burden estimate for Sec.
314.107(c) is included in table 1 under the estimates for Sec.
314.50(a) through (g) and (i) through (l).
Section 314.107(e) requires that an applicant submit a copy of the
entry of the order or judgment to FDA within 10 working days of a final
judgment. The burden estimate for Sec. 314.107(e) applications is
included in table 1 under the estimates for Sec. 314.50(a) through (g)
and (i) through (l) and is approved under OMB control number 0910-0786.
Section 314.107(f) requires that ANDA or section 505(b)(2)
applicants notify FDA immediately of the filing of any legal action
filed within 45 days of receipt of the notice of certification. A
patent owner must also notify FDA of the filing of any legal action for
patent infringement. If the patent owner or approved application holder
who is an exclusive patent licensee waives its opportunity to file a
legal action for patent infringement within the 45-day period, the
patent owner or approved application holder may submit to FDA a waiver
in the specified format. The burden estimate for Sec. 314.107(f) is
included in table 1 under the estimates for Sec. 314.50 (a) through
(g) and (i) through (l) and is approved under OMB control number 0910-
0786.
Section 314.110(b)(3) states that, after receipt of an FDA complete
response letter, an applicant must either: (1) Resubmit the application
addressing all the deficiencies identified in the complete response
letter; (2) withdraw the application or; (3) request an opportunity for
a hearing on the question of whether there are grounds for denying
approval of the application. The burden hours for Sec. 314.110(b)(3)
are included under parts 10 through 16 (21 CFR parts 10 through 16, OMB
control number 0910-0191) hearing regulations, in accordance with Sec.
314.201, and are not included in table 1.
Section 314.122(a) requires that an ANDA or a suitability petition
that relies on a listed drug that has been voluntarily withdrawn from
sale must be accompanied by a petition seeking a determination whether
the drug was withdrawn for safety or effectiveness reasons. The burden
hours for Sec. 314.122(a) are approved under OMB control number 0910-
0191 and therefore are not included in table 1.
Section 314.122(d) sets forth requirements for relisting petitions
for unlisted discontinued products. The burden hours for Sec.
314.122(d) are approved under OMB control number 0910-0191 and
therefore are not included in table 1.
Sections 314.125 and 314.127 state that FDA may refuse to approve
an NDA or an ANDA and will provide the applicant written notice of an
opportunity for a hearing under Sec. 314.200 along with the reason for
refusal to approve the application, including lack of a patent
certification or statement with respect to each listed patent for an
approved drug product that is pharmaceutically equivalent to the drug
product for which the original 505(b)(2) application is submitted and
was approved before the original 505(b)(2) was submitted. The burden
hours for Sec. Sec. 314.125 and 314.127 (refuse to approve an ANDA)
are included under parts 10 through 16 hearing regulations (in
accordance with Sec. 314.201) and approved under OMB control number
0910-0191, and therefore are not included in table 1.
Section 314.126(c) sets forth requirements for a petition to waive
criteria for adequate and well-controlled studies. The burden hours for
Sec. 314.126(c) are approved under OMB control number 0910-0191 and
therefore are not included in table 1.
Sections 314.150(a) and (b) and 314.151(a) and (b) set forth
requirements for the withdrawal of approval of an NDA or ANDA and the
applicant's opportunity for a hearing and submission of comments. The
burden hours for Sec. 314.151(a) and (b) are included under parts 10
through 16 hearing regulations, in accordance with Sec. 314.201, and
approved under OMB control number 0910-0191 and therefore are not
included in table 1.
Section 314.151(c) sets forth the requirements for withdrawal of
approval of an ANDA and the applicant's opportunity to submit written
objections and participate in a limited oral hearing. The burden hours
for Sec. 314.151(c) are included under parts 10 through 16 hearing
regulations, in accordance with Sec. 314.201, approved under OMB
control number 0910-0191, and therefore are not included in table 1.
Section 314.153(b) sets forth the requirements for suspension of an
ANDA when the listed drug is voluntarily withdrawn for safety and
effectiveness reasons, and the applicant's opportunity to present
comments and participate in a limited oral hearing. The burden hours
for Sec. 314.152(b) are included under parts 10 through 16 hearing
regulations, in accordance with Sec. 314.201, approved under OMB
control number 0910-0191, and therefore are not included in table 1.
Section 314.161(b) and (e) sets forth the requirements for
submitting a petition to determine whether a listed drug was
voluntarily withdrawn from sale for safety or effectiveness reasons.
The burden hours for Sec. 314.161(b) and (e) are approved under OMB
control number 0910-0191 and therefore are not included in table 1.
Section 314.200(c), (d), and (e) requires that applicants or others
subject to a notice of opportunity for a hearing who wish to
participate in a hearing file a written notice of participation and
request for a hearing as well as the studies, data, and so forth,
relied on. Other interested persons may also submit comments on the
notice. This section also sets forth the content and format
requirements for the applicants' submission in response to notice of
opportunity for hearing. The burden hours for Sec. 314.200(c), (d),
and (e) are included under parts 10 through 16 hearing regulations, in
accordance with
[[Page 24355]]
Sec. 314.201, are approved under OMB control number 0910-0191, and
therefore are not included in table 1.
Section 314.200(f) states that participants in a hearing may make a
motion to the presiding officer for the inclusion of certain issues in
the hearing. The burden hours for Sec. 314.200(f) are included under
parts 10 through 16 hearing regulations, in accordance with Sec.
314.201, are approved under OMB control number 0910-0191, and therefore
are not included in table 1.
Section 314.200(g) states that a person who responds to a proposed
order from FDA denying a request for a hearing provide sufficient data,
information, and analysis to demonstrate that there is a genuine and
substantial issue of fact which justifies a hearing. The burden hours
for Sec. 314.200(g) are included under parts 10 through 16 hearing
regulations, in accordance with Sec. 314.201, are approved under OMB
control number 0910-0191, and therefore are not included in table 1.
Section 314.420 states that an applicant may submit to FDA a drug
master file in support of an application, in accordance with certain
content and format requirements.
Section 314.430 states that data and information in an application
are disclosable under certain conditions, unless the applicant shows
that extraordinary circumstances exist. The burden hours for Sec.
314.430 are included under parts 10 through 16 hearing regulations, in
accordance with Sec. 314.201, are approved under OMB control number
0910-0191, and therefore are not included in table 1.
Section 314.530(c) and (e) states that if FDA withdraws approval of
a drug approved under the accelerated approval procedures, the
applicant has the opportunity to request a hearing and submit data and
information. The burden hours for Sec. 314.530(c) and (e) are included
under parts 10 through 16 hearing regulations, in accordance with Sec.
314.201, are approved under OMB control number 0910-0191, and therefore
are not included in table 1.
Section 314.530(f) requires that an applicant first submit a
petition for stay of action before requesting an order from a court for
a stay of action pending review. The burden hours for Sec. 314.530(f)
are approved under OMB control number 0910-0191, and therefore are not
included in table 1.
Section 314.550 requires an applicant with a new drug product being
considered for accelerated approval to submit copies of all promotional
materials to the FDA during the preapproval and post-approval periods.
Section 314.610(b)(1) requires that applicants include a plan or
approach to postmarketing study commitments in applications for
approval of new drugs when human efficacy studies are not ethical or
feasible, and provide status reports of postmarketing study
commitments. The burden estimate for Sec. 314.610(b)(1) is included in
table 1 under the estimates for Sec. Sec. 314.50 (a) through (f), (k),
and (l) and 314.81(b)(2)).
Section 314.610(b)(3) requires that applicants propose labeling to
be provided to patient recipients in applications for approval of new
drugs when human efficacy studies are not ethical or feasible. The
burden estimate for Sec. 314.610(b)(3) is included in table 1 under
the estimates for Sec. 314.50(e).
Section 314.630 requires that applicants provide postmarketing
safety reporting for applications for approval of new drugs when human
efficacy studies are not ethical or feasible. The burden hours for
Sec. 314.630 are approved under OMB control numbers 0910-0230 and
0910-0291 and therefore not included in table 1.
Section 314.640 requires that applicants provide promotional
materials for applications for approval of new drugs when human
efficacy studies are not ethical or feasible. The burden estimate for
Sec. 314.640 is included in table 1 under the estimates for Sec.
314.81(b)(3)(i)).
Accordingly, we estimate the burden for this collection of
information as follows:
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average
21 CFR Section/ [FDA Form No.] Number of responses per Total annual burden per Total hours
respondents respondent responses response
----------------------------------------------------------------------------------------------------------------
314.50(a)-(g), (i)-(l) [356h]-- 378 1.33 503 1,921 966,263
Content and format of a
505(b)(1) or 505(b)(2)
application....................
314.52--Non-infringement of 7 3 21 16 336
patents (NDAs).................
314.95--Non-infringement of 209 3 627 16 10,032
patents (ANDAs)................
314.60--Amendments.............. 564 9.96 5,618 80 449,440
314.65--Withdrawal of unapproved 27 71.63 1934 2 3,868
applications...................
314.70 and 314.71--Supplements 838 7.04 5,897 150 884,550
and submissions................
314.72--Change of ownership..... 142 2.04 289 2 578
314.81--Other postmarketing 342 19.98 6,834 8 54,672
reports and 314.81(b)(1) [3331
and 3331a] field alert reports.
314.81(b)(2) [2252]--Annual 913 5.07 4632 40 185,280
reports........................
314.81(b)(3)(i) [2253]-- 529 81.66 43,198 2 86,396
Promotional labeling...........
314.94(a) and (d)--ANDA content. 180.5 3.75 676.5 480 324,720
314.96(a)(1)--Amendments to 514 26.66 13,647 80 1,091,760
unapproved ANDAs...............
314.97--Supplements to ANDAs.... 343 17.57 6027 80 482,160
314.99(a)--Responsibilities of 265 7.04 1867 2 3,734
ANDA Applicants................
314.101(a)--ANDA filing......... 1 1 1 .5 .5
(30 minutes)
314.420--Drug Master Files...... 500 2.06 1,028 61 62,708
314.550--Promotional material 29 7.76 225 120 27,000
and subpart H applications.....
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Total....................... .............. .............. .............. .............. 4,633,497.5
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
[[Page 24356]]
Dated: May 22, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-10818 Filed 5-25-17; 8:45 am]
BILLING CODE 4164-01-P