[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Notices]
[Pages 37714-37715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17978]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0097]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; 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 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 August 
28, 2009.

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: 202-395-6974, or e-mailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0206. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information 
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-796-3794.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Request for Samples and Protocols--(OMB Control Number 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 the biologics licenses for such 
products are only issued when a product meets the prescribed standards. 
Under Sec.  610.2 (21 CFR 610.2), the Center for Biologics Evaluation 
and Research (CBER) or the Center for Drug Evaluation and Research 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 distributing 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: Sec. Sec.  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 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 of manufacture of the product, including all results of each 
test for which test results are requested by CBER. After official 
release is no longer required, one sample along with a protocol is 
required to be submitted at 90-day intervals. In addition, samples, 
which must be accompanied by a protocol, may at any time be required to 
be submitted to CBER 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 that a protocol 
contain information including, but not limited to, manufacturing 
records, certain test records, and identity test results. Section 
660.36(b) requires a copy of the antigenic constitution matrix 
specifying the antigens present or absent to be submitted to the CBER 
Director at the time of initial distribution of each lot. Section 
660.46(a) contains requirements as to the frequency of submission of 
samples from each lot of Hepatitis B Surface Antigen product, and Sec.  
660.46(b) contains the requirements as to 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 of 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

[[Page 37715]]

with a protocol is required to be submitted at 90-day intervals. In 
addition, samples, which must be accompanied by a protocol, may at any 
time be required to be submitted to CBER if continued evaluation is 
deemed necessary.
    Samples and protocols are required by FDA to help ensure the 
safety, purity, or potency of a 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 therapeutic 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 the 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 
licensed biological products. Respondents to the collection of 
information under Sec. Sec.  660.6(b), 660.36(a)(2) and (b), and 
660.46(b) are manufacturers of the specific products referenced 
previously in this document. 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. Based 
on information obtained from FDA's database system, approximately 69 
manufacturers submitted samples and protocols in fiscal year (FY) 2008, 
under the regulations cited previously in this document. FDA estimates 
that approximately 65 manufacturers submitted protocols under Sec.  
610.2 and 21 CFR 610.3 manufacturers submitted protocols under the 
regulations (Sec. Sec.  660.6 and 660.46) for the other specific 
products. FDA received no submissions under Sec.  660.36; however, FDA 
is using the estimate of one protocol submission in the event one is 
submitted in the future.
    The estimated total annual responses are based on FDA's final 
actions completed in FY 2008, which totaled 6,314, for the various 
submission requirements of samples and protocols for the licensed 
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 other protocols than under Sec.  610.2.
    In the Federal Register of March 6, 2009 (74 FR 9820), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. No comments were received.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
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                         No. of        Annual Frequency     Total Annual        Hours per
  21 CFR Section      Respondents        per Response        Responses           Response         Total Hours
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610.2                             65               95.5              6,208                  3             18,624
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660.6(b)                           2                 44                 88                  5                440
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660.36(a)(2) and                   1                  1                  1                  6                  6
 (b)
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660.46(b)                          1                 17                 17                  5                 85
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Total                             69  .................              6,314  .................             19,155
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: July 22, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-17978 Filed 7-28-09; 8:45 am]
BILLING CODE 4160-01-S