[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79001-79005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31693]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2010-N-0627]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Application for Food and Drug Administration Approval
to Market a New Drug
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on requirements governing
applications for FDA approval to market a new drug.
DATES: Submit either electronic or written comments on the collection
of information by February 15, 2011.
ADDRESSES: Submit electronic comments on the collection of information
to: http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
P150-400B, Rockville, MD 20850, 301-796-3792,
[email protected].
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
[[Page 79002]]
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 505(j) of the FD&C Act is effective with respect to
such a drug. Under the FD&C Act, it is the sponsor's responsibility to
provide the information needed by FDA to make a scientific and
technical determination whether the product is safe and effective for
use.
This information collection approval request is for all information
requirements imposed by the regulations under part 314 (21 CFR 314) on
sponsors who apply for approval of a new drug application (NDA) or
abbreviated new drug application (ANDA) in order to market or to
continue to market a drug.
Section 314.50(a) requires that the applicant submit an application
form (Form FDA 356h) that includes introductory information about the
drug as well as a checklist of enclosures.
Section 314.50(b) requires that the applicant submit an index with
the archival copy of the application and that it reference certain
sections of the application.
Section 314.50(c) requires that the applicant submit a summary of
the application 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: Chemistry, manufacturing, and
controls; nonclinical pharmacology and toxicology; human
pharmacokinetics and bioavailability; microbiology; clinical data;
statistical; and pediatric use sections.
Section 314.50(e) requires that the applicant 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 the applicant submit case report
forms and tabulations with the archival copy.
Section 314.50(h) requires that the applicant submit patent
information, as described under Sec. 314.53, with the application.
(The burden hours for Sec. 314.50(h) are already approved by OMB under
OMB control number 0910-0513 and are not included in the burden
estimates in table 1 of this document.)
Section 314.50(i) requires that the applicant submit patent
certification information in section 505(b)(2) applications for patents
claiming the drug, drug product, or method of use.
Section 314.50(j) requires that applicants that request a period of
marketing exclusivity submit certain information with the application.
Section 314.50(l) requires that the applicant submit an archival,
review, and field copy of the application.
Section 314.52 requires that a section 505(b)(2) applicant that
relies on a listed drug send any notice of certification of invalidity
or noninfringement of a patent to each patent owner and the NDA holder
. At the time notice is provided, a 505(b)(2) applicant is required to
amend its application to include a statement certifying that the
required notice has been provided. A section 505(b)(2) applicant also
is required to amend its application to document receipt of the
required notice.
Section 314.54 sets forth the content requirements for applications
filed under section 505(b)(2) of the FD&C Act. (The information
collection burden estimate for section 505(b)(2) applications is
included in table 1 of this document under the estimates for Sec.
314.50(a), (b), (c), (d), (e), (f), and (k)).
Section 314.60 sets forth reporting requirements for sponsors who
amend an unapproved application.
Section 314.65 states that the sponsor must notify FDA when
withdrawing an unapproved application.
Sections 314.70 and 314.71 require that applicants submit
supplements to FDA for certain changes to an approved application.
Section 314.72 requires that sponsors report to FDA any transfer of
ownership of an application.
Section 314.80(c)(1) and (c)(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). (The burden hours for Sec. 314.80(c)(1) and
(c)(2) are already approved by OMB under OMB control numbers 0910-0230
and 0910-0291 and are not included in the burden estimates in table 1
of this document.)
Section 314.80(i) establishes recordkeeping requirements for
reports of postmarketing adverse drug experiences. (The burden hours
for Sec. 314.80(i) are already approved by OMB under OMB control
numbers 0910-0230 and 0910-0291 and are not included in the burden
estimates in table 1 of this document.)
Section 314.81(b)(1) requires that applicants submit field alert
reports to FDA (Form FDA 3331).
Section 314.81(b)(2) requires that applicants submit annual reports
to FDA (Form FDA 2252).
Section 314.81(b)(3)(i) requires that applicants submit drug
advertisements and promotional labeling 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. 314.81(b)(3)(iii) are already approved by OMB under OMB
control number 0910-0045 and are not included in the burden estimates
in table 1 of this document.)
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 of this document under estimates for Sec. Sec.
314.50, 314.60, 314.70, and 314.71.)
[[Page 79003]]
Section 314.93 sets forth requirements for submitting a suitability
petition in accordance with 21 CFR 10.20 and 10.30. (The burden hours
for Sec. 314.93 are already approved by OMB under OMB control number
0910-0183 and are not included in the burden estimates in table 1 of
this document.)
Section 314.94(a) and (d) requires that an ANDA contain the
following information: Application form; table of contents; basis for
ANDA submission; conditions of use; active ingredients; route of
administration, dosage form, and strength; bioequivalence; labeling;
chemistry, manufacturing, and controls; samples; patent certification.
Section 314.95 requires that ANDA applicants send any notice of
certification of invalidity or noninfringement of a patent to each
patent owner and the NDA holder.
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 changes that require FDA approval.
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 already approved by OMB under OMB control
numbers 0910-0230 and 0910-0291 and are not included in the burden
estimates in table 1 of this document.)
Section 314.98(c) requires other postmarketing reports for ANDAs:
Field alert reports (Form FDA 3331), annual reports (Form FDA 2252),
and advertisements and promotional labeling (Form FDA 2253). (The
information collection burden estimate for field alert reports is
included in table 1 of this document under Sec. 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 of this document under estimates for Sec.
314.94(a) and (d) and Sec. Sec. 314.96 and 314.97.)
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 that the first applicant who submits a
substantially complete ANDA containing a certification that a relevant
patent is invalid, unenforceable, or will not be infringed submit
notice to FDA of the date of first commercial marketing of its drug
product.
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.
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 may 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 must submit to FDA a waiver
in the specified format.
Section 314.110(b)(3) states that, after receipt of an FDA complete
response letter, an applicant may 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 and 16) hearing regulations,
in accordance with Sec. 314.201, and are not included in the burden
estimates in table 1 of this document.)
Section 314.110(c) states that, after receipt of a complete
response letter, an applicant may notify FDA that it agrees to an
extension of the review period so that it can determine whether to
respond further.
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 already approved by OMB under OMB
control number 0910-0183 and are not included in the burden estimates
in table 1 of this document.)
Section 314.122(d) sets forth requirements for relisting petitions
for unlisted discontinued products. (The burden hours for Sec.
314.122(d) are already approved by OMB under OMB control number 0910-
0183 and are not included in the burden estimates in table 1 of this
document.)
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 already approved by OMB under OMB control
number 0910-0183 and are not included in the burden estimates in table
1 of this document.)
Section 314.151(a) and (b) sets forth requirements for the
withdrawal of approval of an 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 are not included in
the burden estimates in table 1 of this document.)
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, and are not included in
the burden estimates in table 1 of this document.)
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, and are not included in
the burden estimates in table 1 of this document.)
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 already approved by
OMB under OMB control number 0910-0183 and are not included in the
burden estimates in table 1 of this document.)
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 and data on which they
relied. Other interested persons may also submit comments on the
notice. The 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 79004]]
Sec. 314.201, and are not included in the burden estimates in table 1
of this document.)
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, and are not included in the burden estimates in table 1 of
this document.)
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, and are not included in
the burden estimates in table 1 of this document.)
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, and are not included in the burden
estimates in table 1 of this document.)
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, and are not included in the burden estimates in
table 1 of this document.)
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 already approved by OMB under OMB control number 0910-0194 and are
not included in the burden estimates in table 1 of this document.)
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 that applicants provide status reports of postmarketing
study commitments. (The information collection burden estimate for
Sec. 314.610(b)(1) is included in table 1 of this document under the
estimates for Sec. Sec. 314.50 (a), (b), (c), (d), (e), (f), and (k)
and 314.81(b)(2)).
Section 314.610(b)(3) requires that in applications for approval of
new drugs when human efficacy studies are not ethical or feasible
applicants propose labeling to provide to patient recipients. (The
information collection burden estimate for Sec. 314.610(b)(3) is
included in table 1 of this document 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 already approved by OMB under OMB control numbers
0910-0230 and 0910-0291 and are not included in the burden estimates in
table 1 of this document.)
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 information
collection burden estimate for Sec. 314.640 is included in table 1 of
this document under the estimates for Sec. 314.81(b)(3)(i)).
Respondents to this collection of information are all persons who
submit an application or abbreviated application or an amendment or
supplement to FDA under part 314 to obtain approval of a new drug, and
any person who owns an approved application or abbreviated application.
Table 1--Estimated Annual Reporting Burden \1\
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Annual
21 CFR Section; [Form Number] No. of frequency per Total annual Hours per Total hours
respondents response responses response
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314.50 (a), (b), (c), (d), (e), 92 1.36 126 1,917 241,542
(f), and (k)...................
314.50(i) and 314.94(a)(12)..... 96 9.61 923 2 1,846
314.50(j)....................... 71 4.02 286 2 572
314.52 and 314.95............... 71 3.66 260 16 4,160
314.60.......................... 349 21.67 7,564 80 605,120
314.65.......................... 10 1.20 12 2 24
314.70 and 314.71............... 620 4.91 3,050 150 457,500
314.72.......................... 104 2.98 310 2 620
314.81(b)(1) [3331]............. 147 2.57 378 8 3,024
314.81(b)(2) [2252]............. 656 13.84 9,084 40 363,360
314.81(b)(3)(i) [2253].......... 490 61.48 30,130 2 60,260
314.94(a)(1)-(11) and (d)....... 110 7.83 862 480 413,760
314.96.......................... 292 35.82 10,461 80 836,880
314.97.......................... 197 26.23 5,169 80 413,520
314.99(a)....................... 53 2.30 122 2 244
314.101(a)...................... 1 1 1 .50 .50
314.107(c)--.................... 56 4.1 230 .50 115
314.107(e)--.................... 25 3.92 98 .50 49
314.107(f)--.................... 56 4.1 230 .50 115
314.110(c)...................... 11 1.36 15 .50 7.5
314.420......................... 524 1.98 1,038 61 63,318
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Total....................... .............. .............. .............. .............. 3,466,037
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
[[Page 79005]]
Dated: December 13, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-31693 Filed 12-16-10; 8:45 am]
BILLING CODE 4160-01-P