[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Notices]
[Pages 15341-15343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7012]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 00N-0928 ]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Request for Samples and Protocols

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 the information collection 
provisions relating to the regulations which state that protocols for 
samples of biological products must be submitted to the agency.

DATES: Submit written comments on the collection of information by May 
22, 2000.

ADDRESSES: Submit written comments on the collection of information to 
the Dockets Management Branch (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: JonnaLynn P. Capezzuto, Office of 
Information Resources Management (HFA-250), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659.

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: (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,

[[Page 15342]]

when appropriate, and other forms of information technology.

Request for Samples and Protocols (OMB Control No. 0910-0206)--
Extension

    Under section 351 of the Public Health Service Act (42 U.S.C. 262), 
FDA has the responsibility to issue regulations that prescribe 
standards designed to ensure the safety, purity, and potency of 
biological products and to ensure that licenses for such products are 
only issued when a product meets the prescribed standards. Under 
Sec. 610.2 (21 CFR 610.2), FDA may at any time require manufacturers of 
licensed biological products to submit to FDA samples of any lot along 
with the protocols showing the results of applicable tests prior to 
marketing the lot of the product. In addition to Sec. 610.2, there are 
other regulations that require the submission of samples and protocols 
for specific licensed biological products as follows: Sections 
640.101(f) (21 CFR 640.101(f)) (Immune Globulin (Human)), 660.6 (21 CFR 
660.6) (Antibody to Hepatitis B Surface Antigen), 660.36 (21 CFR 
660.36) (Reagent Red Blood Cells), and 660.46 (21 CFR 660.46) 
(Hepatitis B Surface Antigen).
    Section 640.101(f)(2) requires for each lot of Immune Globulin 
(Human) product, the submission of all protocols relating to the 
history of the product and all results of all tests prescribed in the 
additional standards for the product.
    Section 660.6(a) provides requirements for the frequency of 
submission of samples from each lot of Antibody to Hepatitis B Surface 
Antigen product, and Sec. 660.6(b) provides the requirements for the 
submission of a protocol containing specific information along with 
each required sample. For Sec. 660.6 products subject to official 
release by FDA, one sample from each filling of each lot is required to 
be submitted along with a protocol consisting of a summary of the 
history or manufacture of the product, including all results of each 
test for which test results are requested by the Center for Biologics 
Evaluation and Research (CBER). After official release is no longer 
required, one sample along with a protocol is required to be submitted 
at an interval of 90 days. In addition, samples, which must be 
accompanied by a protocol, may at any time be required to be submitted 
to FDA if continued evaluation is deemed necessary.
    Section 660.36(a) requires, after each routine establishment 
inspection by FDA, the submission of samples from a lot of final 
Reagent Red Blood Cell product along with a protocol containing 
specific information. Section 660.36(a)(2) requires a protocol 
containing information including, but not limited to, manufacturing 
records, test records, and test results. Section 660.36(b) requires a 
copy of the antigenic constitution matrix specifying the antigens 
present or absent to be submitted to FDA at the time of initial 
distribution of each lot.
    Section 660.46(a) provides requirements for the frequency of 
submission of samples from each lot of Hepatitis B surface antigen 
product, and Sec. 660.46(b) provides the requirements for the 
submission of a protocol containing specific information along with 
each required sample. For Sec. 660.46 products subject to official 
release by FDA, one sample from each filling of each lot is required to 
be submitted along with a protocol consisting of a summary of the 
history or manufacture of the product, including all results of each 
test for which test results are requested by CBER. After notification 
of official release is received, one sample along with a protocol is 
required to be submitted at an interval of 90 days. In addition, 
samples, which must be accompanied by a protocol, may at any time be 
required to be submitted to FDA if continued evaluation is deemed 
necessary.
    Samples and protocols are required by FDA to help ensure the 
safety, purity, or potency of the product because of the potential lot-
to-lot variability of a product produced from living organisms. In 
cases of certain biological products (e.g., Albumin, Plasma Protein 
Fraction, and specified biotechnology and specified synthetic 
biological products) that are known to have lot-to-lot consistency, 
official lot release is not normally required. However, submissions of 
samples and protocols of these products may still be required for 
surveillance, licensing, and export purposes, or in the event that FDA 
obtains information that the manufacturing process may not result in 
consistent quality of the product.
    The following burden estimate is for protocols required to be 
submitted with each sample. The collection of samples is not a 
collection of information under 5 CFR 1320.3(h)(2). Respondents to the 
collection of information under Sec. 610.2 are manufacturers of any 
licensed biological product. Respondents to the collection of 
information under Secs. 640.101(f)(2), 660.6(b), 660.36(a)(2) and (b), 
and 660.46(b) are manufacturers of the specific products referenced 
previously. The estimated number of respondents for each regulation is 
based on the annual number of manufacturers that submitted samples and 
protocols for biological products, including submissions for lot 
release, surveillance, licensing, or export. There are an estimated 350 
manufacturers of licensed biological products, however, based on 
information obtained from FDA's data base system, approximately 100 
manufacturers submitted samples and protocols in 1998, under the 
regulations cited previously. FDA estimates that approximately 86 
manufacturers submitted protocols under Sec. 610.2 and 14 manufacturers 
submitted protocols under the regulations for the specific products. 
FDA had previously estimated 80, instead of 90, manufacturers would 
submit samples and protocols annually under all the regulations cited 
previously to account for biotechnology firms that are exempt from lot 
release requirements. Because biotechnology firms may still be required 
to submit samples and protocols for purposes other than lot release, as 
explained previously, the number of respondents for Sec. 610.2 in this 
estimate includes them. The slight increase in the total estimated 
number of respondents (100) is due to a normal variation in annual 
submissions.
    The total annual responses are based on FDA's final actions 
completed in fiscal year 1998, which totaled 7,221, for the various 
submission requirements of samples and protocols for biological 
products. The rate of final actions is not expected to change 
significantly in the next few years. The hours per response are based 
on information provided by industry. The burden estimates provided by 
industry ranged from 1 to 5.5 hours. Under Sec. 610.2, the hours per 
response are based on the average of these estimates and rounded to 3 
hours. Under the remaining regulations, the hours per response are 
based on the higher end of the estimate (rounded to 5 or 6 hours) since 
more information is generally required to be submitted in the protocol 
than under Sec. 610.2.
    FDA estimates the burden of this collection of information as 
follows:

[[Page 15343]]



                                 Table1.--Estimated Annual Reporting Burden \1\
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                                                      Annual
         21 CFR Section               No. of       Frequency per   Total Annual      Hours per      Total Hours
                                    Respondents      Response        Responses       Response
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610.2                                  86              82.72        7,114               3          21,342
640.101(f)(2)                           5               4.40           22               5             110
660.6(b)                                6              11.33           68               5             340
660.36(a)(2) and (b)                    1               1               1               6               6
660.46(b)                               2               8              16               5              80
Total                                                                                             21,878
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: March 15, 2000.
William K. Hubbard,
Senior Associate Commissioner for Policy, Planning, and Legislation.
[FR Doc. 00-7012 Filed 3-21-00; 8:45 am]
BILLING CODE 4160-01-F