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Federal Register / Vol. 70, No.

76 / Thursday, April 21, 2005 / Notices 20759

fees equivalent to the additional fee DEPARTMENT OF HEALTH AND for electronic access to the guidance
burden associated with the submission HUMAN SERVICES document.
of two marketing applications. This FOR FURTHER INFORMATION CONTACT:
guidance does not address how FDA Food and Drug Administration Randy Levin, Center for Drug Evaluation
should determine whether a single or [Docket No. 2004D–0041] and Research (HFD–001), Food and
multiple marketing applications should Drug Administration, 5600 Fishers
be submitted for a combination product. Guidance for Industry on Providing Lane, Rockville, MD 20857,301–
Such guidance is in development and Regulatory Submissions in Electronic 594–5411, e-mail:
will be provided separately for public Format—Content of Labeling; levinr@cder.fda.gov, or
review and comment. Availability Robert Yetter, Center for Biologics
Evaluation and Research (HFM–25),
II. Significance of Guidance AGENCY: Food and Drug Administration, Food and Drug Administration,
HHS. 1401 Rockville Pike, Rockville, MD
This guidance is being issued ACTION: Notice.
consistent with FDA’s good guidance 20852, 301–827–0373.
practices regulation (21 CFR 10.115). SUMMARY: The Food and Drug SUPPLEMENTARY INFORMATION:
The guidance represents the agency’s Administration (FDA) is announcing the I. Background
current thinking on application user availability of a guidance for industry
entitled ‘‘Providing Regulatory In the Federal Register of December
fees for combination products. It does
Submissions in Electronic Format— 11, 2003 (68 FR 69009), FDA published
not create or confer any rights for or on a final regulation (the electronic labeling
any person and does not operate to bind Content of Labeling.’’ This guidance is
one in a series of guidance documents regulation), which requires the
FDA or the public. An alternative submission of the content of labeling in
approach may be used if such approach on providing regulatory submissions to
FDA in electronic format. FDA’s electronic format for marketing
satisfies the requirements of the applications. The requirements of the
applicable statute and regulations. regulations require that the content of
labeling for marketing applications be electronic labeling rule can be found in
III. Comments submitted in electronic format in a form § 314.50(l) (21 CFR 314.50(l)) for NDAs,
that FDA can process, review, and § 314.94(d) for ANDAs, § 601.14(b) for
Interested persons may submit to the archive. The guidance provides BLAs, and § 314.81(b) for annual reports
Division of Dockets Management (see information on submitting the content on marketing applications. The
ADDRESSES) written or electronic of labeling in electronic format for regulations specify that the content of
comments regarding the guidance at any review with new drug applications labeling must be submitted
time. Submit two paper copies of any (NDAs), abbreviated new drug electronically in a form that FDA can
mailed comments, except that applications (ANDAs), and biological process, review, and archive. The
individuals may submit one copy. license applications (BLAs) for regulations also state that FDA will
Comments are to be identified with the biological products that meet the periodically issue guidance on how to
docket number found in brackets in the definition of drug in the Federal Food, provide the electronic submission.
heading of this document. The guidance Drug, and Cosmetic Act. II. The Guidance
and received comments may be seen in DATES: Submit written or electronic FDA is announcing the availability of
the Division of Dockets Management comments on agency guidances at any a guidance for industry entitled
between 9 a.m. and 4 p.m., Monday time. General comments on agency ‘‘Providing Regulatory Submissions in
through Friday. guidance documents are welcome at any Electronic Format—Content of
time. Labeling.’’ The guidance provides
IV. Electronic Access
ADDRESSES: Submit written requests for information on how to submit the
Persons with access to the Internet single copies of the guidance to the content of labeling in electronic format.
may obtain the document at http:// Division of Drug Information (HFD– In the preambles of the proposed and
www.fda.gov/oc/combination or by e- 240), Center for Drug Evaluation and final rules on electronic labeling, FDA
mailing the Office of Combination Research, Food and Drug identified portable document format
Products at combination@fda.gov. Administration, 5600 Fishers Lane, (PDF) as the only type of electronic file
Guidance documents are also available Rockville, MD 20857 or to the Office of format that the agency has the ability to
on the Division of Dockets Management Communication, Training, and accept for processing, reviewing, and
Internet site at http://www.fda.gov/ Manufacturers Assistance (HFM–40), archiving. Recent recommendations
ohrms/dockets/default.htm. Center for Biologics Evaluation and from the Institute of Medicine and the
Research, Food and Drug National Committee on Vital and Health
Dated: April 15, 2005. Administration, 1401 Rockville Pike, Statistics and mandates in the Medicare
Jeffrey Shuren, Rockville, MD 20852–1448. Send one Prescription Drug, Improvement, and
Assistant Commissioner for Policy. self-addressed adhesive label to assist Modernization Act of 2003 (Public Law
[FR Doc. 05–7947 Filed 4–20–05; 8:45 am] that office in processing your requests. 108–173) have created a new role for
BILLING CODE 4160–01–S
Submit telephone requests to 800–835– electronic labeling information.
4709 or 301–827–1800. Electronically formatted content of
Submit written comments on the labeling will be used to support Federal
guidance to the Division of Dockets health information management
Management (HFA–305), Food and Drug initiatives such as electronic
Administration, 5630 Fishers Lane, rm. prescribing; the electronic health record
1061, Rockville, MD 20852. Submit (EHR), which will provide health care
electronic comments to http:// providers, patients, and other
www.fda.gov/dockets/ecomments. See authorized users access to patient
the SUPPLEMENTARY INFORMATION section information in electronic format; and

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20760 Federal Register / Vol. 70, No. 76 / Thursday, April 21, 2005 / Notices

the DailyMed, a new way to distribute This guidance is being issued the Office of Loan Repayment, the
up-to-date and comprehensive consistent with FDA’s good guidance National Institutes of Health (NIH), has
medication information in a practices regulation (21 CFR 10.115). submitted to the Office of Management
computerized format for use in health The guidance represents the agency’s and Budget (OMB) a request to review
care information systems. current thinking on providing the and approve the information collection
Because FDA’s current procedures content of labeling in electronic format listed below. This proposed information
using PDF are not adequate to support as required in 21 CFR parts 314 and 601. collection was previously published in
these initiatives, the agency is changing It does not create or confer any rights for the Federal Register on December 10,
the way it processes, reviews, and or on any person and does not operate 2004, and allowed 60 days for public
archives the content of labeling. We are to bind FDA or the public. An comment. No responses to the notice
adopting a new technology for alternative approach may be used if were received. The purpose of this
exchanging information between such approach satisfies the notice is to allow an additional 30 days
computer systems developed by Health requirements of the applicable statutes for public comment. The National
Level Seven (HL7), a standards and regulations. Institutes of Health may not conduct or
development organization accredited by sponsor, and the respondent is not
the American National Standards III. Comments required to respond to, an information
Institute. The new technology, based on Interested persons may submit to the collection that has been extended,
Clinical Document Architecture (CDA), Division of Dockets Management (see revised, or implemented on or after
allows information to be exchanged in ADDRESSES) written or electronic October 1, 1995, unless it displays a
extensible markup language (XML) and comments on the guidance at any time. currently valid OMB control number.
is the standard being investigated for the Two copies of mailed comments are to The programs have existing data
EHR. FDA, working with other parties be submitted, except that individuals collections with an OMB control
in HL7 (experts from HL7, industry, and may submit one copy. Comments are to number (OMB No. 0925–0361,
technology solution providers), has be identified with the docket number expiration date 12/31/2004). An
adapted CDA for labeling in an HL7 found in brackets in the heading of this extension has been granted until March
standard called Structured Product document. The guidance and received 2005 due to an administrative delay
Labeling (SPL). comments are available for public caused by a change in office responsible
FDA is developing an automated examination in the Division of Dockets for the LRPs.
system using SPL for processing and Management between 9 a.m. and 4 p.m.,
managing labeling and labeling changes. Proposed Collection
Monday through Friday.
FDA’s Center for Drug Evaluation and Title: National Institutes of Health
Research has identified SPL in public IV. Paperwork Reduction Act of 1995 Loan Repayment Programs.
docket number 1992S–0251 as a format This guidance contains information Type of Information Collection
that FDA can use to process, review, collection provisions that are subject to Request: Revision of a currently
and archive the content of labeling. review by the Office of Management and approved collection (OMB No. 0925–
During our transition to the automated Budget (OMB) under the Paperwork 0361, expiration date 12/31/04,
system, the agency is able to accept the Reduction Act of 1995 (44 U.S.C. 3501– extension granted until 03/05).
content of labeling in either PDF or SPL 3520). The collections of information in Form Numbers: NIH 2674–1, NIH
file format. After the automated system this guidance have been approved under 2674–2, NIH 2674–3, NIH 2674–4, NIH
is implemented, PDF will no longer be OMB control number 0910–0530, 2674–5, NIH 2674–6, NIH 2674–7, NIH
a format that we can use to process, expiring November 30, 2006. 2674–8, NIH 2674–9, NIH 2674–10, NIH
review, and archive the content of 2674–11, NIH 2674–12, NIH 2674–13,
labeling. At this time, it is our goal to V. Electronic Access NIH 2674–14, NIH 2674–15, NIH 2674–
complete the transition to SPL format Persons with access to the Internet 16, NIH 2674–17, NIH 2674–18, and
for content of labeling submissions by may obtain the document at http:// NIH 2674–19.
fall 2005. www.fda.gov/cder/guidance/index.htm, Need and Use of Information
In the Federal Register of February 5, http://www.fda.gov/cber/ Collection: The NIH makes available
2004 (69 FR 5552), FDA published a guidelines.htm, or http://www.fda.gov/ financial assistance, in the form of
document announcing the availability of ohrms/dockets/default.htm. educational loan repayment, to M.D.,
a draft guidance for industry and gave Ph.D., Pharm. D., D.D.S., D.M.D.,
Dated: April 15, 2005.
interested persons an opportunity to D.P.M., D.C., and N.D. degree holders,
Jeffrey Shuren, or the equivalent, who perform
submit comments by April 5, 2004.
Assistant Commissioner for Policy. biomedical or biobehavioral research in
Based on comments received on the
draft guidance, the agency has taken the [FR Doc. 05–7946 Filed 4–20–05; 8:45 am] NIH intramural laboratories or who
following actions: BILLING CODE 4160–01–S perform research that is supported by a
• Lengthened the timeframe for the domestic non-profit institution or a U.S.
agency’s implementation of the Government (Federal, state, local) entity
automated system using SPL; DEPARTMENT OF HEALTH AND for a minimum of 2 years (3 years for
• Developed a Web site (on the HUMAN SERVICES the General Research LRP) in research
Internet at http://www.fda.gov/oc/ areas supporting the mission and
datacouncil/spl.html) to provide National Institutes of Health priorities of the NIH.
technical support for the transition to The AIDS Research Loan Repayment
Office of Loan Repayment; Submission
SPL, including links to SPL-related Program (AIDS–LRP) is authorized by
for OMB Review; Comment Request;
documents and resources, stylesheet Section 487A of the Public Health
National Institutes of Health Loan
files for viewing SPL files, and example Service Act (42 U.S.C. 288–1); the
Repayment Programs
labels; and Clinical Research Loan Repayment
• Revised the guidance to clarify the Summary: In compliance with the Program for Individuals from
procedures for submitting content of requirement of Section 3507(a)(1)(D) of Disadvantaged Backgrounds (CR–LRP)
labeling in electronic format. the Paperwork Reduction Act of 1995, is authorized by Section 487E (42 U.S.C.

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