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3856 Federal Register / Vol. 71, No.

15 / Tuesday, January 24, 2006 / Notices

The total annual responses are the total request for formal dispute resolution in Therefore, FDA estimates that 88 hours
number of requests submitted to CDER accordance with this guidance, will be spent per year by respondents
and CBER in 1 year, including requests including the time it takes to gather and requesting formal dispute resolution
for dispute resolution that a single copy brief statements describing the under the guidance.
respondent submits more than one time. issue from the perspective of the person
In the Federal Register of October 24,
FDA estimates that CDER receives with the dispute, brief statements
2005, (70 FR 61453), FDA announced
approximately 10 requests annually and describing the history of the matter, and
CBER receives approximately 1 request supporting information that has already the availability of the draft guidance and
annually. The hours per response is the been submitted to the agency. Based on requested comments for 60 days on the
estimated number of hours that a experience, FDA estimates that information collection. No comments
respondent would spend preparing the approximately 8 hours on average were received on this information
information to be submitted with a would be needed per response. collection.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


Requests for Formal Dispute Reso- No. of Respond- No. of Responses Total Annual Re- Hours per Re- Total Hours
lution ents per Respondent sponses sponse

CDER 8 1.25 10 8 80

CBER 1 1 1 8 8

Total 88
1There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: January 13, 2006. DATES:Submit written or electronic of the proposed collection of
Jeffrey Shuren, comments on the collection of information set forth in this document.
Assistant Commssioner for Policy. information by March 27, 2006. With respect to the following
collection of information, FDA invites
[FR Doc. E6–763 Filed 1–23–06; 8:45 am] ADDRESSES: Submit electronic comments on these topics: (1) Whether
BILLING CODE 4160–01–S comments on the collection of the proposed collection of information
information to: http://www.fda.gov/ is necessary for the proper performance
dockets/ecomments. Submit written of FDA’s functions, including whether
DEPARTMENT OF HEALTH AND comments on the collection of the information will have practical
HUMAN SERVICES information to the Division of Dockets utility; (2) the accuracy of FDA’s
Management (HFA–305), Food and Drug estimate of the burden of the proposed
Food and Drug Administration Administration, 5630 Fishers Lane, rm. collection of information, including the
1061, Rockville, MD 20852. All validity of the methodology and
[Docket No. 2006N–0021] comments should be identified with the assumptions used; (3) ways to enhance
docket number found in brackets in the the quality, utility, and clarity of the
Agency Information Collection heading of this document. information to be collected; and (4)
Activities; Proposed Collection; FOR FURTHER INFORMATION CONTACT: ways to minimize the burden of the
Comment Request; Request for Jonna Capezzuto, Office of Management collection of information on
Samples and Protocols Programs (HFA–250), Food and Drug respondents, including through the use
Administration, 5600 Fishers Lane, of automated collection techniques,
AGENCY: Food and Drug Administration, Rockville, MD 20857, 301–827–4659. when appropriate, and other forms of
HHS. information technology.
SUPPLEMENTARY INFORMATION: Under the
ACTION: Notice. PRA (44 U.S.C. 3501–3520), Federal Request for Samples and Protocols
agencies must obtain approval from the (OMB Control Number 0910–0206)—
SUMMARY: The Food and Drug Office of Management and Budget Extension)
Administration (FDA) is announcing an (OMB) for each collection of Under section 351 of the Public
opportunity for public comment on the information they conduct or sponsor. Health Service Act (42 U.S.C. 262), FDA
proposed collection of certain ‘‘Collection of information’’ is defined has the responsibility to issue
information by the agency. Under the in 44 U.S.C. 3502(3) and 5 CFR regulations that prescribe standards
Paperwork Reduction Act of 1995 (the 1320.3(c) and includes agency requests designed to ensure the safety, purity,
PRA), Federal agencies are required to or requirements that members of the and potency of biological products and
publish notice in the Federal Register public submit reports, keep records, or to ensure that the biologics licenses for
concerning each proposed collection of provide information to a third party. such products are only issued when a
information, including each proposed Section 3506(c)(2)(A) of the PRA (44 product meets the prescribed standards.
extension of an existing collection of U.S.C. 3506(c)(2)(A)) requires Federal Under § 610.2 (21 CFR 610.2), FDA may
information, and to allow 60 days for agencies to provide a 60-day notice in at any time require manufacturers of
public comment in response to the the Federal Register concerning each licensed biological products to submit
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notice. This notice solicits comments on proposed collection of information, to FDA samples of any lot along with
the information collection requirements including each proposed extension of an the protocols showing the results of
relating to the regulations which state existing collection of information, applicable tests prior to marketing the
that protocols for samples of biological before submitting the collection to OMB lot of the product. In addition to § 610.2,
products must be submitted to the for approval. To comply with this there are other regulations that require
agency. requirement, FDA is publishing notice the submission of samples and protocols

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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices 3857

for specific licensed biological products: Hepatitis B Surface Antigen product, of information under §§ 660.6(b),
§§ 660.6 (21 CFR 660.6) (Antibody to and § 660.46(b) provides the 660.36(a)(2) and (b), and 660.46(b) are
Hepatitis B Surface Antigen), 660.36 (21 requirements for the submission of a manufacturers of the specific products
CFR 660.36) (Reagent Red Blood Cells), protocol containing specific information referenced previously in this document.
and 660.46 (21 CFR 660.46) (Hepatitis B along with each required sample. For The estimated number of respondents
Surface Antigen). § 660.46 products subject to official for each regulation is based on the
Section 660.6(a) provides release by FDA, one sample from each annual number of manufacturers that
requirements for the frequency of filling of each lot is required to be submitted samples and protocols for
submission of samples from each lot of submitted along with a protocol biological products including
Antibody to Hepatitis B Surface Antigen consisting of a summary of the history submissions for lot release, surveillance,
product, and § 660.6(b) provides the or manufacture of the product, licensing, or export. Based on
requirements for the submission of a including all results of each test for information obtained from FDA’s
protocol containing specific information which test results are requested by database system, approximately 70
along with each required sample. For CBER. After notification of official manufacturers submitted samples and
§ 660.6 products subject to official release is received, one sample along protocols in fiscal year (FY) 2005, under
release by FDA, one sample from each with a protocol is required to be the regulations cited previously in this
filling of each lot is required to be submitted at an interval of 90 days. In document. FDA estimates that 65
submitted along with a protocol addition, samples, which must be manufacturers submitted protocols
consisting of a summary of the history accompanied by a protocol, may at any under § 610.2, and 4 manufacturers
or manufacture of the product, time be required to be submitted to FDA submitted protocols under the
including all results of each test for if continued evaluation is deemed regulations (§§ 660.6 and 660.46) for the
which test results are requested by the necessary. other specific products. FDA received
Center for Biologics Evaluation and Samples and protocols are required by no submissions under § 660.36, however
Research (CBER). After official release is FDA to help ensure the safety, purity, or FDA is using the estimate of one
no longer required, one sample along potency of the product because of the protocol submission in the event one is
with a protocol is required to be potential lot-to-lot variability of a submitted in the future.
submitted at an interval of 90 days. In product produced from living
organisms. In cases of certain biological The estimated total annual responses
addition, samples, which must be
products (e.g., Albumin, Plasma Protein are based on FDA’s final actions
accompanied by a protocol, may at any
Fraction, and specified biotechnology completed in FY 2005, which totaled
time be required to be submitted to FDA
and specified synthetic biological 4,930, for the various submission
if continued evaluation is deemed
products) that are known to have lot-to- requirements of samples and protocols
necessary.
Section 660.36(a) requires, after each lot consistency, official lot release is not for the licensed biological products. The
routine establishment inspection by normally required. However, rate of final actions is not expected to
FDA, the submission of samples from a submissions of samples and protocols of change significantly in the next few
lot of final Reagent Red Blood Cell these products may still be required for years. The hours per response are based
product along with a protocol surveillance, licensing, and export on information provided by industry.
containing specific information. Section purposes, or in the event that FDA The burden estimates provided by
660.36(a)(2) requires that a protocol obtains information that the industry ranged from 1 to 5.5 hours.
contain information including, but not manufacturing process may not result in Under § 610.2, the hours per response
limited to, manufacturing records, test consistent quality of the product. are based on the average of these
records, and test results. Section 660.36 The following burden estimate is for estimates and rounded to 3 hours.
(b) requires a copy of the antigenic the protocols that are required to be Under the remaining regulations, the
constitution matrix specifying the submitted with each sample. The hours per response are based on the
antigens present or absent to be collection of samples is not a collection higher end of the estimate (rounded to
submitted to FDA at the time of initial of information under 5 CFR 5 or 6 hours) since more information is
distribution of each lot. 1320.3(h)(2). Respondents to the generally required to be submitted in
Section 660.46(a) provides collection of information under § 610.2 the protocol than under § 610.2.
requirements for the frequency of are manufacturers of licensed biological FDA estimates the burden of this
submission of samples from each lot of products. Respondents to the collection collection of information as follows:

Annual Frequency
21 CFR Section No. of Respondents Total Annual Responses Hours per Response Total Hours
per Response

610.2 65 74.1 4,816 3 14,448

660.6(b) 3 26 78 5 390

660.36(a)(2) and (b) 1 1 1 6 6

660.46(b) 1 35 35 5 175

Total 70 4,930 15,019


1 There are no capital costs or operating and maintenance costs associated with this collection of information.
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3858 Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Notices

Dated: January 13, 2006. of Prescription Drug User Fee Act §§ 312.23, 314.50, and 601.2; therefore,
Jeffrey Shuren, (PDUFA) products. The guidance requests should be submitted to the
Assistant Commissioner for Policy. describes procedures for requesting, agency with the appropriate form
[FR Doc. E6–764 Filed 1–23–06; 8:45 am] scheduling, conducting, and attached, either Form FDA 1571 or Form
BILLING CODE 4160–01–S
documenting such formal meetings. The FDA 356h. The agency recommends that
guidance provides information on how a request be submitted in this manner
the agency will interpret and apply for the following two reasons: (1) To
DEPARTMENT OF HEALTH AND section 119(a) of the Food and Drug ensure that each request is kept in the
HUMAN SERVICES Administration Modernization Act (the administrative file with the entire
Modernization Act), specific PDUFA underlying application, and (2) to
Food and Drug Administration goals for the management of meetings ensure that pertinent information about
associated with the review of human the request is entered into the
[Docket No. 2005N–0395]
drug applications for PDUFA products, appropriate tracking databases. Use of
Agency Information Collection and provisions of existing regulations the information in the agency’s tracking
Activities; Submission for Office of describing certain meetings (§§ 312.47 databases enables the agency to monitor
Management and Budget Review; and 312.82 (21 CFR 312.47 and 312.82)). progress on the activities attendant to
Comment Request; Guidance for The guidance describes two scheduling and holding a formal
Industry on Formal Meetings With collections of information: The meeting and to ensure that appropriate
Sponsors and Applicants for submission of a meeting request steps will be taken in a timely manner.
Prescription Drug User Fee Act containing certain information and the Under the guidance, the agency
Products submission of an information package in requests that sponsors and applicants
advance of the formal meeting. Agency include in meeting requests certain
AGENCY: Food and Drug Administration, regulations at § 312.47(b)(1)(ii), information about the proposed
HHS. (b)(1)(iv), and (b)(2) describe meeting. Such information includes the
ACTION: Notice. information that should be submitted in following:
support of a request for an End of Phase • Information identifying and
SUMMARY: The Food and Drug 2 meeting and a Pre New Drug describing the product,
Administration (FDA) is announcing Application (NDA) meeting. The • The type of meeting being
that a proposed collection of information collection provisions of requested,
information has been submitted to the § 312.47 have been approved by OMB • A brief statement of the purpose of
Office of Management and Budget (OMB control number 0910–0014). the meeting,
(OMB) for review and clearance under However, the guidance provides • A list of objectives and expected
the Paperwork Reduction Act of 1995. additional recommendations for outcomes from the meeting,
DATES: Fax written comments on the submitting information to FDA in • A preliminary proposed agenda,
collection of information by February support of a meeting request. As a • A draft list of questions to be raised
23, 2006. result, FDA is submitting additional at the meeting,
ADDRESSES: OMB is still experiencing
estimates for OMB approval. • A list of individuals who will
significant delays in the regular mail, I. Request for a Meeting represent the sponsor or applicant at the
including first class and express mail, meeting,
Under the guidance, a sponsor or • A list of agency staff requested to be
and messenger deliveries are not being applicant interested in meeting with the
accepted. To ensure that comments on in attendance,
Center for Drug Evaluation and Research • The approximate date that the
the information collection are received, (CDER) or the Center for Biologics
OMB recommends that written information package will be sent to the
Evaluation and Research (CBER) should agency, and
comments be faxed to the Office of submit a meeting request to the • Suggested dates and times for the
Information and Regulatory Affairs, appropriate FDA component as an meeting.
OMB, Attn: Fumie Yokota, Desk Officer amendment to the underlying This information will be used by the
for FDA, FAX: 202–395–6974. application. FDA regulations (§§ 312.23, agency to determine the utility of the
FOR FURTHER INFORMATION CONTACT: 314.50, and 601.2 (21 CFR 312.23, meeting, to identify agency staff
Karen Nelson, Office of Management 314.50, and 601.2)) state that necessary to discuss proposed agenda
Programs (HFA–250), Food and Drug information provided to the agency as items, and to schedule the meeting.
Administration, 5600 Fishers Lane, part of an Investigational New Drug
Rockville, MD 20857, 301–827–1482. Application (IND), NDA, or Biological II. Information Package
SUPPLEMENTARY INFORMATION: In License Application (BLA) must be A sponsor or applicant submitting an
compliance with 44 U.S.C. 3507, FDA submitted with an appropriate cover information package to the agency in
has submitted the following proposed form. Form FDA 1571 must accompany advance of a formal meeting should
collection of information to OMB for submissions under INDs and Form FDA provide summary information relevant
review and clearance. 356h must accompany submissions to the product and supplementary
under NDAs and BLAs. Both forms have information pertaining to any issue
Guidance for Industry on Formal
valid OMB control numbers as follows: raised by the sponsor, applicant, or
Meetings with Sponsors and Applicants
FDA Form 1571, OMB control number agency. The agency recommends that
for Prescription Drug User Fee Act
0910–0014; and FDA Form 356h, OMB information packages generally include
Products (OMB Control Number 0910–
control number 0910–0338, expires the following:
0429)—Extension
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September 30, 2008. • Identifying information about the


This information collection approval In the guidance document, CDER and underlying product;
request is for an FDA guidance on the CBER ask that a request for a formal • A brief statement of the purpose of
procedures for formal meetings between meeting be submitted as an amendment the meeting;
FDA and sponsors or applicants to the application for the underlying • A list of objectives and expected
regarding the development and review product under the requirements of outcomes of the meeting;

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