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Notice

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Over-the-Counter Drugs; Labeling Requirements

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AGENCY:

Food and Drug Administration, HHS.

ACTION:

Notice.

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 January 6, 2014.

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: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910-0340. Also include the FDA docket number found in brackets in the heading of this document.

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FOR FURTHER INFORMATION CONTACT:

FDA PRA Staff, Office of Operations, Food and Drug Administration, 1350 Piccard Dr., PI50-400B, Rockville, MD 20850, PRAStaff@fda.hhs.gov.

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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.

Over-the-Counter Drugs; Labeling Requirements—(OMB Control Number 0910-0340)—Extension

In the Federal Register of March 17, 1999, (64 FR 13254) (the 1999 labeling final rule), we amended our regulations governing requirements for human drug products to establish standardized format and content requirements for the labeling of all marketed over-the-counter (OTC) drug products in part 201 (21 CFR part 201). The regulations in part 201 require OTC drug product labeling to include uniform headings and subheadings, presented in a standardized order, with minimum standards for type size and other graphical features. Specifically, the 1999 labeling final rule added new § 201.66 (21 CFR 201.66) to part 201. Section 201.66 sets content and format requirements for the Drug Facts portion of labels on OTC drug products.

On June 20, 2000 (65 FR 38191), we published a Federal Register final rule that required all OTC drug products marketed under the OTC monograph system to comply with the labeling requirements in § 201.66 by May 16, 2005, or sooner (65 FR 38191 at 38193). Currently marketed OTC drug products are already required to be in compliance with these labeling requirements, and thus will incur no further burden to comply with Drug Facts labeling requirements in § 201.66. Modifications of labeling already required to be in Drug Facts format are usual and customary as part of routine redesign practice, and thus do not create additional burden within the meaning of the Paperwork Reduction Act of 1995 (the PRA). Therefore, the burden to comply with the labeling requirements in § 201.66 is a one-time burden applicable only to new OTC drug products introduced to the marketplace under new drug applications, abbreviated new drug applications, or an OTC drug monograph, except for products in “convenience size” packages.[1] New OTC drug products Start Printed Page 73198must comply with the labeling requirements in § 201.66 as they are introduced to the marketplace.

Based on a March 1, 2010, estimate provided by the Consumer Healthcare Products Association (75 FR 49495 at 49496), we estimated that approximately 900 new OTC drug product stock keeping units (SKUs) are introduced to the marketplace each year. We estimated that these SKUs are marketed by 300 manufacturers. We estimated that the preparation of labeling for new OTC drug products would require 12 hours to prepare, complete, and review prior to submitting the new labeling to us. Based on this estimate, the annual reporting burden for this type of labeling is approximately 10,800 hours.

OTC sunscreen products were previously not included in our consideration of the burden to comply with the Drug Facts labeling requirements in § 201.66. We specifically exempted OTC sunscreen products from complying with the 1999 labeling final rule until we lifted the stay of the sunscreen final rule published in the Federal Register of May 21,1999 (64 FR 27666). In the Federal Register of December 31, 2001 (66 FR 67485), we stayed the 1999 sunscreen final rule indefinitely. Additionally, in the Federal Register of September 3, 2004 (69 FR 53801), we delayed the § 201.66 labeling implementation date for OTC sunscreen products indefinitely, pending future rulemaking to amend the substance of labeling for these products. In the Federal Register of August 27, 2007 (72 FR 49070), we proposed changes to labeling and related testing requirements for sunscreen products to address both ultraviolet A and ultraviolet B radiation, and we anticipated that sunscreen products would become subject to § 201.66 at the time any resultant final rule becomes effective. In the Federal Register of June 17, 2011 (76 FR 35620), we published a final rule that established testing and labeling requirements for OTC sunscreen products. This 2011 final rule lifted the delay of the § 201.66 labeling implementation date for OTC sunscreen product. The compliance dates for the 2011 final rule were June 18, 2012, for sunscreen products with annual sales of $25,000 or more and June 17, 2013, for sunscreen products with annual sales of less than $25,000, but we later delayed these compliance dates to December 17, 2012, and December 17, 2013, respectively, when we published an extension date notice on May 11, 2012 (77 FR 27591).

All currently marketed sunscreen products are, therefore, already required to be in compliance with the Drug Facts labeling requirements in§ 201.66, and thus will incur no further burden under the information collection provisions in the 1999 labeling final rule. However, a new OTC sunscreen drug product, like any new OTC drug product, will be subject to a one-time burden to comply with Drug Facts labeling requirements in § 201.66. We estimated that 60 new SKUs of OTC sunscreen drug products would be marketed each year (77 FR 27234). We estimated that these 60 SKUs would be marketed by 30 manufacturers. We estimated that approximately 12 hours would be spent on each label, based on the most recent estimate used for other OTC drug products to comply with the 1999 Drug Facts labeling final rule, including public comments received on this estimate in 2010 that addressed sunscreens.

In determining the burden for § 201.66, it is also important to consider exemptions or deferrals of the regulation allowed products under § 201.66(e). Since publication of the 1999 labeling final rule, we have received only one request for exemption or deferral. One response over an 8-year period equates to an annual frequency of response equal to 0.125. In the 1999 labeling final rule, we estimated that a request for deferral or exemption would require 24 hours to complete (64 FR 13254 at 13276). We continue to estimate that this type of response will require approximately 24 hours. Multiplying the annual frequency of response (0.125) by the number of hours per response (24) gives a total response time for requesting exemption or deferral equal to 3 hours.

In the Federal Register of July 23, 2013 (78 FR 44124), FDA published a 60-day notice requesting public comment on the proposed collection of information. We received one comment in response to the notice. The comment was a complaint about the “deceptively large” containers in which some OTC drug products are packaged. These deceptively large containers mislead consumers into thinking that they were purchasing more product than the package actually contained.

We do not consider this comment relevant to this proposed collection of information. This information collection concerns OTC drug product labeling format and content, specifically the labeling that appears within the Drug Facts panel. This comment is a complaint about OTC drug products packaged in “deceptively large” containers, which is a separate issue and is not the subject of this notice. The regulations for Drug Facts labeling in § 201.66 do not establish, and were not intended to establish, container size requirements for OTC drug products. The Federal Food, Drug, and Cosmetic Act already prohibits the use of deceptively large containers. According to 21 U.S.C. 352(i): “A drug or device shall be deemed to be misbranded if it is a drug and its container is so made, formed, or filled as to be misleading.” Therefore, the commenter's complaint is already addressed by statute.

FDA estimates the current burden of this collection of information as follows:

Table 1—Estimated Annual Third-Party Disclosure Burden 1

21 CFR SectionNumber of respondentsNumber of disclosures per respondentTotal annual disclosuresAverage burden per disclosureTotal hours
201.66(c) and (d) for new OTC drug products30039001210,800
201.66(c) and (d) for new OTC sunscreen products2036012720
201.66(e)10.1250.125243
Total11,523
1 There are no capital costs or operating and maintenance costs associated with this collection of information.
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Dated: November 29, 2013.

Leslie Kux,

Assistant Commissioner for Policy.

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Footnotes

1.  In a final rule published in the Federal Register of April 5, 2002 (67 FR 16304), the Agency delayed the compliance dates for the 1999 labeling final rule for all OTC drug products that: (1) Contain no more than two doses of an OTC drug; and (2) because of their limited available labeling space, would require more than 60 percent of the total surface area available to bear labeling to meet the requirements set forth in § 201.66(d)(1) and (d)(9) and, therefore, qualify for the labeling modifications currently set forth in § 201.66(d)(10) (67 FR 16304 at 16306). The Agency issued this delay in order to develop additional rulemaking for these “convenience size” products (December 12, 2006; 71 FR 74474). These products are not currently subject to the requirements of § 201.66. PRA approval for any requirements to which they may be subject in the future will be handled in a separate rulemaking.

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[FR Doc. 2013-29079 Filed 12-4-13; 8:45 am]

BILLING CODE 4160-01-P