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Federal Register / Vol. 70, No.

115 / Thursday, June 16, 2005 / Notices 35099

Description of Respondents: FDA estimates the burden of this


Businesses or others for-profit. collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1


Annual Frequency per Total Annual Re-
21 CFR Section No. of Respondents Hours per Response Total Hours
Response sponses

814.102 20 1 20 40 800

814.104 8 1 8 320 2,560

814.106 8 2 16 50 800

814.108 20 1 20 80 1,600

814.116(e)(3) 1 1 1 1 1

814.124(a) 5 1 5 1 5

814.124(b) 1 1 1 2 2

814.126(b)(1) 35 1 35 120 4,200

Total 9,968
1There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1


Annual frequency per
21 CFR Section No. of recordkeepers Total annual records Hours per record Total hours
recordkeeping

814.126(b)(2) 35 1 35 2 70
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 9, 2005. Administration, 5600 Fishers Lane, DEPARTMENT OF HEALTH AND
Jeffrey Shuren, Rockville, MD 20857, 301–827–1482. HUMAN SERVICES
Assistant Commissioner for Policy.
SUPPLEMENTARY INFORMATION: In the Food and Drug Administration
[FR Doc. 05–11861 Filed 6–15–05; 8:45 am]
Federal Register of January 31, 2005 (70
BILLING CODE 4160–01–S
FR 4853), the agency announced that
[Docket No. 2005N–0208]
the proposed information collection had
DEPARTMENT OF HEALTH AND been submitted to OMB for review and Agency Information Collection
HUMAN SERVICES clearance under 44 U.S.C. 3507. An Activities; Proposed Collection;
agency may not conduct or sponsor, and Comment Request; Dissemination of
Food and Drug Administration a person is not required to respond to, Information on Unapproved/New Uses
a collection of information unless it for Marketed Drugs, Biologics, and
[Docket No. 2004N–0441]
displays a currently valid OMB control Devices
Agency Information Collection number. OMB has now approved the
information collection and has assigned AGENCY: Food and Drug Administration,
Activities; Announcement of Office of
OMB control number 0910–0001. The HHS.
Management and Budget Approval;
Application for Food and Drug approval expires on May 31, 2008. A ACTION: Notice.
Administration Approval to Market a copy of the supporting statement for this
New Drug information collection is available on SUMMARY: The Food and Drug
the Internet at http://www.fda.gov/ Administration (FDA) is announcing an
AGENCY: Food and Drug Administration, opportunity for public comment on the
ohrms/dockets.
HHS. proposed collection of certain
ACTION: Notice. Dated: June 9, 2005. information by the agency. Under the
Jeffrey Shuren, Paperwork Reduction Act of 1995 (the
SUMMARY: The Food and Drug Assistant Commissioner for Policy. PRA), Federal agencies are required to
Administration (FDA) is announcing [FR Doc. 05–11862 Filed 6–15–05; 8:45 am] publish notice in the Federal Register
that a collection of information entitled concerning each proposed collection of
BILLING CODE 4160–01–S
‘‘Application for FDA Approval to information, including each proposed
Market a New Drug’’ has been approved extension of an existing collection of
by the Office of Management and information, and to allow 60 days for
Budget (OMB) under the Paperwork public comment in response to the
Reduction Act of 1995. notice. This notice solicits comments on
FOR FURTHER INFORMATION CONTACT: the reporting and recordkeeping
Karen Nelson, Office of Management requirements associated with the
Programs (HFA–250), Food and Drug dissemination of unapproved or new

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35100 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices

uses for marketed drugs, biologics, and Dissemination of Information on studies, the submission includes
devices. Unapproved/New Uses for Marketed proposed protocols and a schedule for
Drugs, Biologics, and Devices (OMB conducting the studies, as well as a
DATES:Submit written or electronic
Control Number 0910–0390)—Extension certification that the manufacturer will
comments on the collection of
In the Federal Register of November complete the clinical studies and submit
information by August 15, 2005.
20, 1998 (63 FR 64556), FDA published a supplemental application no later than
ADDRESSES: Submit electronic a final rule that added a new part 99 (21 36 months after its initial dissemination
comments on the collection of CFR part 99) entitled ‘‘Dissemination of of information. The final rule also
information to: http://www.fda.gov/ Information on Unapproved/New Uses permits manufacturers to request
dockets/ecomments. Submit written for Marketed Drugs, Biologics, and extensions of the time period for
comments on the collection of Devices.’’ completing a study and submitting a
information to the Division of Dockets The final rule implemented section supplemental application, and to
Management (HFA–305), Food and Drug 401 of the Food and Drug request an exemption from the
Administration, 5630 Fishers Lane, rm. Administration Modernization Act of requirement to submit a supplemental
1061, Rockville, MD 20852. All 1997 (FDAMA) (Public Law 105–115). application. The final rule prescribes
comments should be identified with the In brief, section 401 of FDAMA the timeframe within which the
docket number found in brackets in the amended the Federal Food, Drug, and manufacturer shall maintain records
heading of this document. Cosmetic Act (the act) (21 U.S.C. 360aaa that would enable it to take corrective
through 360aaa–6) to permit drug, action. The final rule requires the
FOR FURTHER INFORMATION CONTACT: manufacturer to submit lists pertaining
Karen L. Nelson, Office of Management biologic, and device manufacturers to
to the disseminated articles and
Programs (HFA–250), Food and Drug disseminate certain written information
reference publications, the categories of
Administration, 5600 Fishers Lane, concerning the safety, effectiveness, or
persons (or individuals) receiving the
Rockville, MD 20857, 301–827–1482. benefits of a use that is not described in
information, and a notice and summary
the product’s approved labeling to
SUPPLEMENTARY INFORMATION: Under the of any additional research or data (and
health care practitioners, pharmacy
PRA (44 U.S.C. 3501–3520), Federal a copy of the data) relating to the
benefit managers, health insurance
agencies must obtain approval from the product’s safety or effectiveness for the
issuers, group health plans, and Federal
Office of Management and Budget new use. The final rule requires the
and State Government agencies,
(OMB) for each collection of manufacturer to maintain a copy of the
provided that the manufacturer information, lists, records, and reports
information they conduct or sponsor. complies with certain statutory
‘‘Collection of information’’ is defined for 3 years after it has ceased
requirements. For example, the dissemination of the information and to
in 44 U.S.C. 3502(3) and 5 CFR information that is to be disseminated
1320.3(c) and includes agency requests make the documents available to FDA
must be about a drug or device that is for inspection and copying.
or requirements that members of the being marketed legally; it must be in the
public submit reports, keep records, or FDA based its estimates of the number
form of an unabridged reprint or copy of submissions it will receive, and the
provide information to a third party. of a peer-reviewed journal article or
Section 3506(c)(2)(A) of the PRA (44 number of manufacturers who would be
reference publication; and it must not be subject to part 99, on the average of the
U.S.C. 3506(c)(2)(A)) requires Federal derived from another manufacturer’s
agencies to provide a 60-day notice in total number of required submissions
clinical research, unless that other received during 2002, 2003, and 2004.
the Federal Register concerning each manufacturer has given its permission
proposed collection of information, The estimated burden hours for these
for the dissemination. The information provisions are based on the following
including each proposed extension of an must be accompanied by certain
existing collection of information, calculations:
information, including a prominently Section 99.201(a)(1) requires the
before submitting the collection to OMB displayed statement that the manufacturer to provide an identical
for approval. To comply with this information discusses a use (or uses) copy of the information to be
requirement, FDA is publishing notice that has not been approved or cleared by disseminated, including any
of the proposed collection of FDA. Additionally, 60 days before information required under § 99.103.
information set forth in this document. dissemination, the manufacturer must Because the manufacturer must compile
With respect to the following submit to FDA a copy of the information this information in order to prepare its
collection of information, FDA invites to be disseminated, any other clinical submission to FDA, FDA estimates that
comments on these topics: (1) Whether trial information that the manufacturer 40 hours will be required per
the proposed collection of information has relating to the safety or effectiveness submission. Because 10 annual
is necessary for the proper performance of the new use, any reports of clinical responses are expected under
of FDA’s functions, including whether experience that pertain to the safety of § 99.201(a)(1), the estimated total
the information will have practical the new use, and a summary of such burden for this provision is 400 hours
utility; (2) the accuracy of FDA’s information. (10 annual responses x 40 hours per
estimate of the burden of the proposed The final rule sets forth the criteria response).
collection of information, including the and procedures for making such Section 99.201(a)(2) requires the
validity of the methodology and submissions to FDA. Under the final manufacturer to submit clinical trial
assumptions used; (3) ways to enhance rule, submissions include certification information pertaining to the safety and
the quality, utility, and clarity of the that the manufacturer has completed effectiveness of the new use, clinical
information to be collected; and (4) clinical studies necessary to submit a experience reports on the safety of the
ways to minimize the burden of the supplemental application to FDA for the new use, and a summary of the
collection of information on new use, and will submit the information. FDA estimates 24 burden
respondents, including through the use supplemental application within 6 hours per response for this provision for
of automated collection techniques, months after its initial dissemination of assembling, reviewing, and submitting
when appropriate, and other forms of information. If the manufacturer has the information and assumes that the
information technology. planned, but not completed, such manufacturer will have already acquired

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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices 35101

some of this information in order to Section 99.201(a)(4)(i)(A) requires the less than 1 percent of the time, because
decide whether to disseminate manufacturer, if the manufacturer has manufacturers and FDA, when
information on an unapproved use completed studies needed for the developing or reviewing study
under part 99. The estimated total submission of a supplemental protocols, should be able to identify
burden for this provision is 240 hours application for the new use, to submit when a study will require more than 36
(10 annual responses x 24 hours per the protocol(s) for the completed months to complete. Section 99.203
response). studies, or, if the protocol was contemplates extension requests under
Section 99.201(a)(3) requires the submitted to an investigational new two different scenarios. Under
manufacturer to explain its search drug application (IND) or investigational § 99.203(a), a manufacturer may make
strategy when assembling its device exemption (IDE), to submit the an extension request before it makes a
bibliography. FDA estimates that only 1 IND or IDE number(s), the date of submission to FDA regarding the
hour will be required for the submission of the protocol(s), the dissemination of information under part
explanation because the manufacturer protocol number(s), and the date of any 99. The agency expects such requests to
would have developed and used its amendments to the protocol(s). FDA be limited, occurring less than 1 percent
search strategy before preparing the estimates that 30 hours will be required of the time (or one annual response),
bibliography. Because 10 annual for this response because this is and that such requests will result in a
responses are expected under information that each manufacturer reporting burden of 10 hours per
§ 99.201(a)(3), the estimated total already maintains for its drugs or request. The estimated total burden
burden for this provision is 10 hours (10 devices. The estimated total burden for hours for this provision, therefore, is 10
annual responses x 1 hour per this provision is 210 hours (7 annual hours (1 annual response x 10 hours per
response). responses x 30 hours per response). response). Section 99.203(b) specifies
Section 99.201(b) simply requires the For manufacturers who submit the contents of a request to extend the
manufacturer’s attorney, agent, or other protocols and a schedule for conducting time for completing planned studies
authorized official to sign its studies, § 99.201(a)(4)(ii)(A) requires the after the manufacturer has provided its
submissions, certifications, and requests manufacturer to include, in its schedule, submission to FDA. The required
for an exemption. FDA estimates that the projected dates on which the information includes a description of
only 30 minutes are necessary for such manufacturer expects the principal the studies, the current status of the
signatures. Because 10 annual responses study events to occur. FDA estimates a studies, reasons why the studies cannot
manufacturer will need approximately be completed on time, and an estimate
are expected under § 99.201(b), the
60 hours to include the projected dates of the additional time needed. FDA
estimated total burden for this provision
because it would have to contact the estimates that 10 hours will be needed
is 5 hours (10 annual responses x 0.5
studies’ principal investigator(s) and for reporting the required information
hours per response).
other company officials. The estimated under § 99.203(b) because it would
Section 99.201(c) requires the total burden for this provision is 420 require consultation between the
manufacturer to provide two copies hours (7 annual responses x 60 hours manufacturer and key individuals (such
with its original submission. Copying per response). as the studies’ principal investigator(s)).
the submission should not be time- If the manufacturer has submitted a As in the case of § 99.203(a), the
consuming, so FDA estimates the supplemental application for the new expected number of responses is very
burden to be 30 minutes. Because 10 use, § 99.201(a)(5) requires a cross- small (one annual response), and the
annual responses are expected under reference to that supplemental estimated total burden hours for this
§ 99.201(c), the estimated total burden application. FDA estimates that only 1 provision is 10 hours (1 annual response
for this provision is 5 hours (10 annual hour will be needed because x 10 hours per response).
responses x 0.5 hours per response). manufacturers already maintain this Section 99.203(c) requires two copies
While the act requires manufacturers information. The estimated total burden of an extension request (in addition to
to provide a submission to FDA before for this provision is 2 hours (2 annual the request required under section
they disseminate information on responses x 1 hour per response). 554(c)(3) of the act (21 U.S.C. 360aaa–
unapproved/new uses, it also permits FDA has not received any requests for 3)). FDA estimates that these copies will
the following actions for manufacturers: an exemption under § 99.205(b). result in a minimal reporting burden of
(1) To have completed studies and However, for purposes of this request 30 minutes. However, this requirement
promise to submit a supplemental for OMB approval, FDA estimates that would apply to extension requests
application for the new use within 6 annually one manufacturer may submit under § 99.203(a) and (b), so the
months after the date of initial one exemption request under estimated total number of annual
dissemination; (2) to provide protocols, § 99.205(b). FDA estimates that the responses is two, resulting in an
a schedule for completing studies, and reporting burden for each exemption estimated total burden for this provision
submit a supplemental application for request will be 82 hours. The estimated of 1 hour (2 annual responses x 0.5
the new use within 36 months after the total burden for this provision is 82 hours per response).
date of initial dissemination; (3) to have hours (1 annual response x 82 hours per The remaining reporting and
completed studies and have submitted a response). recordkeeping burdens are shown in the
supplemental application for the new Under § 99.203, a manufacturer that following estimates:
use; or (4) to request an exemption from has certified that it will complete Section 99.501(a)(1) requires the
the requirement to submit a studies necessary to submit a manufacturer to maintain records that
supplemental application. These supplemental application within 36 identify recipients by category or
possible scenarios are addressed in months after its submission to FDA, but individually. Under § 99.301(a)(3), FDA
§§ 99.201(a)(4)(i)(A), (a)(4)(ii)(A), (a)(5), later finds that it will be unable to will notify the manufacturer if it needs
and 99.205(b). Based on the average of complete such studies or submit a to maintain records identifying
the total number of required supplemental application within that individual recipients because of special
submissions received during 2002, time period, may request an extension safety considerations associated with
2003, and 2004, FDA has made the of time from FDA. Such requests for the new use. This means that, in most
following burden estimates: extension should be limited, occurring cases, the manufacturer will only have

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35102 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices

to maintain records identifying recipients received each particular Section 99.501(b)(5) requires the
recipients by category. In either event, article or reference publication. If each manufacturer to submit any new or
the manufacturer will know if it must of the 10 submissions under part 99 additional information that relates to
maintain records that identify results in disseminated information, whether the manufacturer continues to
individual recipients before it begins § 99.501(b)(2) would result in 20 lists meet the requirements for the
disseminating information. The time (10 submissions x 2 submissions exemption after an exemption has been
required to identify recipients semiannually) identifying which granted. FDA estimates that 10 percent
individually should be minimal, and the category of recipients received each of all submissions will contain an
time required to identify recipients by particular article or reference exemption request (8 annual
category should be even less. Therefore, publication. The agency estimates the submissions x 0.10 = 0.8, rounded up to
FDA estimates the burden for this burden to be only 1 hour per response 1), and has assumed that all exemption
provision to be 10 hours, and, because because this type of information is requests will be granted, for a total of 1
8 annual records are expected under maintained as a usual and customary annual response. The information
§ 99.501(a)(1), the estimated total business practice, and the estimated sought under § 99.501(b)(5) pertains
burden for this provision is 80 hours (8 total burden for this provision is 20 solely to new or additional information
annual records x 10 hours per record). hours (20 responses submitted and is not expected to be as extensive
Section 99.501(a)(2) requires the semiannually x 1 hour per response). as the information required to obtain an
manufacturer to maintain a copy of the In relation to § 99.201(a)(2), exemption. Thus, FDA estimates the
information it disseminates. This task is § 99.501(b)(3) requires the manufacturer burden for § 99.501(b)(5) to be 41 hours
not expected to be time-consuming, so to provide, on a semiannual basis, a per response (or half the burden
FDA estimates the burden to be 1 hour. notice and summary of any additional associated with an exemption request),
Because 8 annual records are expected clinical research or other data relating to for an estimated total burden of 41
under § 99.501(a)(2), the estimated total the safety and effectiveness of the new hours for this provision (1 annual
burden for this provision is 8 hours (8 use and, if it possesses such research or response x 41 hours per response).
annual records x 1 hour per record). data, to provide a copy to FDA. This Section 99.501(c) requires the
Section 99.501(b)(1) requires the burden should not be as extensive as manufacturer to maintain records for 3
manufacturer to submit to FDA that in § 99.201(a)(2), so FDA estimates years after it has ceased dissemination
semiannually a list containing the the burden to be 20 hours per response, of the information. FDA estimates the
articles and reference publications that for an estimated total burden of 400 burden for this provision to be 1 hour.
were disseminated in the preceding 6- hours for this provision (10 responses Because eight annual records are
month period. FDA estimates a burden submitted semiannually x 20 hours per expected under § 99.501(c), the
of 8 hours for this provision. The response). estimated total burden for this provision
burden may be less if the manufacturer If a manufacturer discontinues or
is 8 hours (8 annual records x 1 hour per
develops and updates the list while it terminates a study before completing it,
record).
disseminates articles and reference § 99.501(b)(4) requires the manufacturer
publications during the 6-month period to state the reasons for discontinuing or The estimates for §§ 99.201(a)(1),
(as opposed to generating a completely terminating the study in its next (a)(2), (a)(3), (b), and (c), and
new list at the end of each 6-month progress report. FDA estimates that 99.501(b)(1), (b)(2), and (b)(3) have been
period), and if the volume of annually this will affect only 1 percent increased by two responses each to
disseminated materials is small. The of all applications (8 x 0.01 = 0.08, account for manufacturer
estimated total burden for this provision rounded up to 1) and only one resubmissions. In addition, the estimate
is 160 hours (10 responses submitted manufacturer. FDA estimates 2 hours of for § 99.201(a)(4)(i)(A) and (a)(4)(ii)(A)
semiannually x 8 hours per response). reporting time for this requirement has been increased by one response
Section 99.501(b)(2) requires because the manufacturer should know each to account for manufacturer
manufacturers that disseminate the reasons for discontinuing or resubmissions.
information to submit to FDA terminating the study and would only Description of Respondents: All
semiannually a list that identifies the need to provide those reasons in its manufacturers (persons and businesses,
categories of providers who received the progress report. The estimated total including small businesses) of drugs,
articles and reference publications. burden hours for this provision is 2 biologics, and device products.
Section 99.501(b)(2) also requires the hours (1 annual response x 2 hours per FDA estimates the burden of this
list to identify which category of response). collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1


No. of Annual responses Total annual Hours per
21 CFR section respondents per respondent responses response Total hours

99.201(a)(1) 5 1 10 40 400

99.201(a)(2) 5 1 10 24 240

99.201(a)(3) 5 1 10 1 10

99.201(a)(4)(i)(A) 6 1 7 30 210

99.201(a)(4)(ii)(A) 6 1 7 60 420

99.201(a)(5) 1 1 2 1 2

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Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices 35103

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued


No. of Annual responses Total annual Hours per
21 CFR section respondents per respondent responses response Total hours

99.201(b) 5 1 10 0.5 5

99.201(c) 5 1 10 0.5 5

99.203(a) 1 1 1 10 10

99.203(b) 1 1 1 10 10

99.203(c) 1 1 2 0.5 1

99.205(b) 1 1 1 82 82

99.501(b)(1) 5 3 20 8 160

99.501(b)(2) 5 1 20 1 20

99.501(b)(3) 5 1 20 20 400

99.501(b)(4) 1 1 1 2 2

99.501(b)(5) 1 1 1 41 41

Total Hours 2,018


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

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


No. of Annual Frequency Total Annual Hours per
21 CFR Section Recordkeepers per Recordkeeping Records Record Total Hours

99.501(a)(1) 5 1 8 10 80

99.501(a)(2) 5 1 8 1 8

99.501(c) 5 1 8 1 8

Total Hours 96
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated burden associated with ACTION: Notice. policy is to participate with other
the information collection requirements organizations to support meetings where
for these regulations is 2,114 hours. I. Funding Opportunity Description practicable, rather than provide sole
Dated: June 9, 2005. support. In view of the diversity of
The Food and Drug Administration interests among the various FDA
Jeffrey Shuren, (FDA) is revising the Request for centers/offices, and in order to provide
Assistant Commissioner for Policy. Applications (RFA) published in the maximum flexibility, FDA will not set
[FR Doc. 05–11863 Filed 6–15–05; 8:45 am] Federal Register of June 6, 2002 (67 FR rigid requirements concerning the type
BILLING CODE 4160–01–S 39013). This revised RFA supercedes of scientific meetings to be supported so
the June 6, 2002, document in its long as they are within the agency’s
entirety. FDA’s authority to enter into mission.
DEPARTMENT OF HEALTH AND grants and cooperative agreements is
HUMAN SERVICES detailed under title XVII of the Public II. Award Information
Health Service Act (42 U.S.C. 300u–1) FDA views the partial support of
Food and Drug Administration or the Radiation Control for Health and scientific conferences as an ongoing
Safety Act of 1968 (Pub. L. 90–602) (21 program and may award a limited
Support for Small Scientific
U.S.C. 360hh-ss, formerly 42 U.S.C. number of grants each fiscal year. These
Conference Grants; Availability of
263b-n). awards are subject to availability of
Grants; Request for Applications;
Announcement Type: Modification of 1. Background funds and range from $1,000 to $25,000
Notice; Funding Opportunity Number: in direct costs only per conference. This
FDA recognizes the value of partially announcement is intended to be a
HHS–GRANTS–110204–001; Catalog of
supporting scientific meetings and ‘‘Standing Program Announcement’’
Federal Domestic Assistance Number:
conferences designed to coordinate, and will be modified in the event of
93.103
exchange, and disseminate information required changes to the program.
AGENCY: Food and Drug Administration, when the objectives are clearly within Support for this program will be in
HHS. the scope of the agency’s mission. FDA’s the form of a grant. These grants will be

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