80_FR_42963 80 FR 42825 - Prescription Drug User Fee Act; Stakeholder Consultation Meetings on the Prescription Drug User Fee Act Reauthorization; Request for Notification of Stakeholder Intention To Participate

80 FR 42825 - Prescription Drug User Fee Act; Stakeholder Consultation Meetings on the Prescription Drug User Fee Act Reauthorization; Request for Notification of Stakeholder Intention To Participate

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 138 (July 20, 2015)

Page Range42825-42826
FR Document2015-17684

The Food and Drug Administration (FDA or Agency) is issuing this notice to request that public stakeholders--including patient and consumer advocacy groups, health care professionals, and scientific and academic experts--notify FDA of their intent to participate in periodic consultation meetings on the reauthorization of the Prescription Drug User Fee Act (PDUFA). The statutory authority for PDUFA expires in September 2017. At that time, new legislation will be required for FDA to continue collecting user fees for the prescription drug program. The Federal Food, Drug, and Cosmetic Act (the FD&C Act) requires that FDA consult with a range of stakeholders in developing recommendations for the next PDUFA program. The FD&C Act also requires that FDA hold discussions (at least every month) with patient and consumer advocacy groups during FDA's negotiations with the regulated industry. The purpose of this request for notification is to ensure continuity and progress in these monthly discussions by establishing consistent stakeholder representation.

Federal Register, Volume 80 Issue 138 (Monday, July 20, 2015)
[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Notices]
[Pages 42825-42826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17684]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0128]


Prescription Drug User Fee Act; Stakeholder Consultation Meetings 
on the Prescription Drug User Fee Act Reauthorization; Request for 
Notification of Stakeholder Intention To Participate

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for notification of participation.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing 
this notice to request that public stakeholders--including patient and 
consumer advocacy groups, health care professionals, and scientific and 
academic experts--notify FDA of their intent to participate in periodic 
consultation meetings on the reauthorization of the Prescription Drug 
User Fee Act (PDUFA). The statutory authority for PDUFA expires in 
September 2017. At that time, new legislation will be required for FDA 
to continue collecting user fees for the prescription drug program. The 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) requires that FDA 
consult with a range of stakeholders in developing recommendations for 
the next PDUFA program. The FD&C Act also requires that FDA hold 
discussions (at least every month) with patient and consumer advocacy 
groups during FDA's negotiations with the regulated industry. The 
purpose of this request for notification is to ensure continuity and 
progress in these monthly discussions by establishing consistent 
stakeholder representation.

DATES: Submit notification of intention to participate in these series 
of meetings by August 28, 2015. Stakeholder meetings will be held 
monthly. It is anticipated that they will commence in September or 
October 2015.

ADDRESSES: Submit notification of intention to participate in monthly 
stakeholder meetings by email to PDUFAReauthorization@fda.hhs.gov. The 
meetings will be held at the FDA campus, 10903 New Hampshire Ave., 
Silver Spring, MD 20993.

FOR FURTHER INFORMATION CONTACT: Graham Thompson, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993, 301-796-
5003, FAX: 301-847-8443.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is requesting that public stakeholders--including patient and 
consumer advocacy groups, health care professionals, and scientific and 
academic experts--notify the Agency of their intent to participate in 
periodic stakeholder consultation meetings on the reauthorization of 
PDUFA. PDUFA authorizes FDA to collect user fees from the regulated 
industry for the process for the review of human drugs. The 
authorization for the current program (PDUFA V) expires in September 
2017. Without new legislation, FDA will no longer be able to collect 
user fees for future fiscal years to fund the human drug review 
process.
    Section 736B(d) of the FD&C Act (21 U.S.C. 379h-2(d)) requires that 
FDA consult with a range of stakeholders, including representatives 
from patient and consumer groups, health care professionals, and 
scientific and academic experts, in developing recommendations for the 
next PDUFA program. FDA will initiate the reauthorization process by 
holding a public meeting on July 15, 2015, where stakeholders and other 
members of the public will be given an opportunity to

[[Page 42826]]

present their views on the reauthorization. The FD&C Act further 
requires that FDA continue meeting with these stakeholders at least 
once every month during negotiations with the regulated industry to 
continue discussions of stakeholder views on the reauthorization. It is 
anticipated that these monthly stakeholder consultation meetings will 
commence in September or October 2015.
    FDA is issuing this Federal Register notice to request that 
stakeholder representatives from patient and consumer groups, health 
care professional associations, as well as scientific and academic 
experts, notify FDA of their intent to participate in the periodic 
stakeholder consultation meetings on PDUFA reauthorization. FDA 
believes that consistent stakeholder representation at these meetings 
will be important to ensure progress in these discussions. If you wish 
to participate in the stakeholder consultation meetings, please 
designate one or more representatives from your organization who will 
commit to attending these meetings and preparing for the discussions. 
Stakeholders who identify themselves through this notice will be 
included in all stakeholder consultation discussions while FDA 
negotiates with the regulated industry. If a stakeholder decides to 
participate in these monthly meetings at a later time, that stakeholder 
may join the remaining monthly stakeholder consultation meetings after 
notifying FDA of this intention (see ADDRESSES). These stakeholder 
discussions will satisfy the consultation requirement in section 
736B(d)(3) of the FD&C Act.

II. Notification of Intent To Participate in Periodic Stakeholder 
Consultation Meetings

    If you intend to participate in continued periodic stakeholder 
consultation meetings regarding PDUFA reauthorization, please provide 
notification by email to PDUFAReauthorization@fda.hhs.gov by August 28, 
2015. Your email should contain complete contact information, including 
name, title, affiliation, address, email address, phone number, and 
notice of any special accommodations required because of disability. 
Stakeholders will receive confirmation and additional information about 
the first meeting after FDA receives this notification.

    Dated: July 14, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-17684 Filed 7-17-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                             Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Notices                                                                                                    42825

                                                                                                                                    TABLE 2—ESTIMATED BURDEN 1
                                                                                                                                                                          Number of
                                                                                                                                               Number of                                            Total annual              Average burden
                                                                                        Activity                                                                        responses per                                                                         Total hours
                                                                                                                                              respondents                                           respondents                per response
                                                                                                                                                                          respondent

                                                  Sample outgo (pretests and main survey) .......................                                         16,384        ........................   ........................   ...........................   ........................
                                                  Screener completes ..........................................................                            1,638                              1                   1,638       .03 (2 minutes)                                   49
                                                  Eligible ...............................................................................                 1,556        ........................   ........................   ...........................   ........................
                                                  Completes, Pretest 1 ........................................................                              252                              1                      252      .5 (30 minutes)                                 126
                                                  Completes, Pretest 2 ........................................................                              252                              1                      252      .5 (30 minutes)                                 126
                                                  Completes, Main Study .....................................................                                495                              1                      495      .5 (30 minutes)                                 248
                                                  Completes, Pretest 3 ........................................................                              108                              1                      108      .25 (15 minutes)                                  27
                                                  Completes, Followup Study ..............................................                                   216                              1                      216      .25 (15 minutes)                                  54

                                                         Total ...........................................................................   ........................   ........................   ........................   ...........................                    630
                                                     1   There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  References                                                                  DEPARTMENT OF HEALTH AND                                                    meetings will be held monthly. It is
                                                    The following references have been                                        HUMAN SERVICES                                                              anticipated that they will commence in
                                                  placed on display in the Division of                                                                                                                    September or October 2015.
                                                  Dockets Management (see ADDRESSES)                                          Food and Drug Administration                                                ADDRESSES: Submit notification of
                                                  and may be seen by interested persons                                       [Docket No. FDA–2010–N–0128]                                                intention to participate in monthly
                                                  between 9 a.m. and 4 p.m., Monday                                                                                                                       stakeholder meetings by email to
                                                  through Friday, and are available                                           Prescription Drug User Fee Act;                                             PDUFAReauthorization@fda.hhs.gov.
                                                  electronically at http://                                                   Stakeholder Consultation Meetings on                                        The meetings will be held at the FDA
                                                  www.regulations.gov.                                                        the Prescription Drug User Fee Act                                          campus, 10903 New Hampshire Ave.,
                                                                                                                              Reauthorization; Request for                                                Silver Spring, MD 20993.
                                                  1. Lee, M. and Y.C. Lou, ‘‘Consumer Reliance
                                                       on Intrinsic and Extrinsic Cues in
                                                                                                                              Notification of Stakeholder Intention                                       FOR FURTHER INFORMATION CONTACT:
                                                       Product Evaluations: A Conjoint                                        To Participate                                                              Graham Thompson, Center for Drug
                                                       Approach,’’ Journal of Applied Business                                AGENCY:        Food and Drug Administration,                                Evaluation and Research, Food and
                                                       Research, 12(1), pp. 21–29 (2011).                                                                                                                 Drug Administration, 10903 New
                                                  2. Teas, R.K. and S. Agarwal, ‘‘The Effects of
                                                                                                                              HHS.
                                                       Extrinsic Product Cues on Consumers’                                   ACTION:  Notice; request for notification                                   Hampshire Ave., Bldg. 51, Rm. 1146,
                                                       Perceptions of Quality, Sacrifice, and                                 of participation.                                                           Silver Spring, MD 20993, 301–796–
                                                       Value,’’ Journal of the Academy of                                                                                                                 5003, FAX: 301–847–8443.
                                                       Marketing Science, 28(2), pp. 278–290                                  SUMMARY:    The Food and Drug                                               SUPPLEMENTARY INFORMATION:
                                                       (2000).                                                                Administration (FDA or Agency) is
                                                  3. Rao, A.R. and K.B. Monroe, ‘‘The Effect of                               issuing this notice to request that public                                  I. Background
                                                       Price, Brand Name, and Store Name on                                   stakeholders—including patient and
                                                       Buyers’ Perceptions of Product Quality:
                                                                                                                                                                                                            FDA is requesting that public
                                                                                                                              consumer advocacy groups, health care                                       stakeholders—including patient and
                                                       An Integrative Review,’’ Journal of                                    professionals, and scientific and
                                                       Marketing Research, pp. 351–357 (1989).                                                                                                            consumer advocacy groups, health care
                                                  4. Mitra, A., J.L. Swasy, and K.J. Aikin, ‘‘How                             academic experts—notify FDA of their                                        professionals, and scientific and
                                                       Do Consumers Interpret Market                                          intent to participate in periodic                                           academic experts—notify the Agency of
                                                       Leadership Claims in Direct-to-                                        consultation meetings on the                                                their intent to participate in periodic
                                                       Consumer Advertising of Prescription                                   reauthorization of the Prescription Drug                                    stakeholder consultation meetings on
                                                       Drugs?’’ Advances in Consumer                                          User Fee Act (PDUFA). The statutory                                         the reauthorization of PDUFA. PDUFA
                                                       Research, 33, pp. 381–387 (2006).                                      authority for PDUFA expires in
                                                  5. O’Donoghue, A., H.K. Sullivan, D. Aikin,                                                                                                             authorizes FDA to collect user fees from
                                                                                                                              September 2017. At that time, new                                           the regulated industry for the process
                                                       R. Chowdhury, et al., ‘‘Presenting
                                                       Efficacy Information in Direct to
                                                                                                                              legislation will be required for FDA to                                     for the review of human drugs. The
                                                       Consumer Prescription Drug                                             continue collecting user fees for the                                       authorization for the current program
                                                       Advertisements,’’ Patient Education                                    prescription drug program. The Federal                                      (PDUFA V) expires in September 2017.
                                                       Counsel, 95(2), pp. 271–80 (2014).                                     Food, Drug, and Cosmetic Act (the                                           Without new legislation, FDA will no
                                                  6. Schwartz, L.M., S. Woloshin, and H.G.                                    FD&C Act) requires that FDA consult                                         longer be able to collect user fees for
                                                       Welch, ‘‘Using a Drug Facts Box to                                     with a range of stakeholders in
                                                       Communicate Drug Benefits and
                                                                                                                                                                                                          future fiscal years to fund the human
                                                                                                                              developing recommendations for the                                          drug review process.
                                                       Harmstwo Randomized Trials,’’ Annals
                                                                                                                              next PDUFA program. The FD&C Act                                              Section 736B(d) of the FD&C Act (21
                                                       of Internal Medicine, 150(8), pp. 516–527
                                                       (2009).                                                                also requires that FDA hold discussions                                     U.S.C. 379h–2(d)) requires that FDA
                                                  7. Sullivan, H.W., A. C. O’Donoghue, and K.J.                               (at least every month) with patient and                                     consult with a range of stakeholders,
                                                       Aikin, ‘‘Presenting Quantitative                                       consumer advocacy groups during                                             including representatives from patient
                                                       Information About Placebo Rates to                                     FDA’s negotiations with the regulated                                       and consumer groups, health care
                                                       Patients,’’ JAMA Internal Medicine, doi:                               industry. The purpose of this request for
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                                                                                                                          professionals, and scientific and
                                                       10.1001/jamainternmed.2013.10399                                       notification is to ensure continuity and
                                                       (2013).                                                                                                                                            academic experts, in developing
                                                                                                                              progress in these monthly discussions                                       recommendations for the next PDUFA
                                                    Dated: July 15, 2015.                                                     by establishing consistent stakeholder                                      program. FDA will initiate the
                                                  Leslie Kux,                                                                 representation.                                                             reauthorization process by holding a
                                                  Associate Commissioner for Policy.                                          DATES: Submit notification of intention                                     public meeting on July 15, 2015, where
                                                  [FR Doc. 2015–17725 Filed 7–17–15; 8:45 am]                                 to participate in these series of meetings                                  stakeholders and other members of the
                                                  BILLING CODE 4164–01–P                                                      by August 28, 2015. Stakeholder                                             public will be given an opportunity to


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                                                  42826                           Federal Register / Vol. 80, No. 138 / Monday, July 20, 2015 / Notices

                                                  present their views on the                               DEPARTMENT OF HEALTH AND                                 Under section 306(d)(4)(C) and
                                                  reauthorization. The FD&C Act further                    HUMAN SERVICES                                        (d)(4)(D) of the FD&C Act, FDA may
                                                  requires that FDA continue meeting                                                                             limit the period of debarment of a
                                                  with these stakeholders at least once                    Food and Drug Administration                          permanently debarred individual if the
                                                  every month during negotiations with                                                                           Agency finds that: (1) The debarred
                                                  the regulated industry to continue                       [Docket No. FDA–1992–N–0199]                          individual has provided substantial
                                                  discussions of stakeholder views on the                                                                        assistance in the investigation or
                                                  reauthorization. It is anticipated that                  David J. Brancato: Grant of Special                   prosecution of offenses described in
                                                  these monthly stakeholder consultation                   Termination; Final Order Terminating                  section 306(a) or (b) of the FD&C Act or
                                                  meetings will commence in September                      Debarment                                             relating to a matter under FDA’s
                                                  or October 2015.                                         AGENCY:    Food and Drug Administration,              jurisdiction; (2) termination of the
                                                     FDA is issuing this Federal Register                                                                        debarment serves the interest of justice;
                                                                                                           HHS.
                                                  notice to request that stakeholder                                                                             and (3) termination of the debarment
                                                  representatives from patient and                         ACTION:   Notice.                                     does not threaten the integrity of the
                                                  consumer groups, health care                             SUMMARY:   The Food and Drug                          drug approval process.
                                                  professional associations, as well as                    Administration (FDA) is issuing an                       Special termination of debarment is
                                                  scientific and academic experts, notify                  order under the Federal Food, Drug, and               discretionary with FDA. FDA generally
                                                  FDA of their intent to participate in the                Cosmetic Act (the FD&C Act) granting                  considers a determination by the
                                                  periodic stakeholder consultation                                                                              Department of Justice concerning the
                                                                                                           special termination of the debarment of
                                                  meetings on PDUFA reauthorization.                                                                             substantial assistance of a debarred
                                                                                                           David J. Brancato. FDA bases this order
                                                  FDA believes that consistent                                                                                   individual conclusive in most cases. Dr.
                                                                                                           on a finding that Dr. Brancato provided
                                                  stakeholder representation at these                                                                            Brancato cooperated with the United
                                                                                                           substantial assistance in the
                                                  meetings will be important to ensure                                                                           States Attorney’s Office in the
                                                                                                           investigations or prosecutions of
                                                  progress in these discussions. If you                                                                          investigation of several individuals, as
                                                                                                           offenses relating to a matter under
                                                  wish to participate in the stakeholder                                                                         substantiated by letters submitted to the
                                                                                                           FDA’s jurisdiction, and that special
                                                  consultation meetings, please designate                                                                        Agency by Thomas Holland, a Special
                                                                                                           termination of Dr. Brancato’s debarment
                                                  one or more representatives from your                                                                          Agent in the Office of the Inspector
                                                                                                           serves the interest of justice and does
                                                  organization who will commit to                                                                                General, U.S. Department of Health and
                                                                                                           not threaten the integrity of the drug                Human Services, and the U.S.
                                                  attending these meetings and preparing                   approval process.
                                                  for the discussions. Stakeholders who                                                                          Attorney’s Office for the District of
                                                                                                           DATES: This order is effective July 20,               Columbia. His cooperation contributed
                                                  identify themselves through this notice
                                                  will be included in all stakeholder                      2015.                                                 to the successful prosecution of these
                                                  consultation discussions while FDA                       ADDRESSES:    Comments should reference               individuals, and in one instance
                                                  negotiates with the regulated industry. If               Docket No. FDA–1992–N–0199 and be                     continued over a period of 7 years.
                                                  a stakeholder decides to participate in                  sent to the Division of Dockets                       Accordingly, FDA finds that Dr.
                                                  these monthly meetings at a later time,                  Management (HFA–305), Food and Drug                   Brancato provided substantial assistance
                                                  that stakeholder may join the remaining                  Administration, 5630 Fishers Lane, Rm.                as required by section 306(d)(4)(C) of
                                                  monthly stakeholder consultation                         1061, Rockville, MD 20852.                            the FD&C Act.
                                                  meetings after notifying FDA of this                                                                              The additional requisite showings,
                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                                  intention (see ADDRESSES). These                                                                               i.e., that termination of debarment
                                                                                                           Kenny Shade, Office of Regulatory
                                                  stakeholder discussions will satisfy the                                                                       serves the interest of justice and poses
                                                                                                           Affairs, Food and Drug Administration,                no threat to the integrity of the drug
                                                  consultation requirement in section                      12420 Parklawn Dr. (ELEM–4144),
                                                  736B(d)(3) of the FD&C Act.                                                                                    approval process, are difficult standards
                                                                                                           Rockville, MD 20857, 301–796–4640.                    to satisfy. In determining whether these
                                                  II. Notification of Intent To Participate                SUPPLEMENTARY INFORMATION: In a                       have been met, the Agency weighs the
                                                  in Periodic Stakeholder Consultation                     Federal Register notice dated January 6,              significance of all favorable and
                                                  Meetings                                                 1994 (59 FR 00751), David J. Brancato,                unfavorable factors in light of the
                                                     If you intend to participate in                       a former review chemist with FDA’s                    remedial, public health-related purposes
                                                  continued periodic stakeholder                           Division of Generic Drugs was                         underlying debarment. Termination of
                                                  consultation meetings regarding PDUFA                    permanently debarred from providing                   debarment will not be granted unless,
                                                  reauthorization, please provide                          services in any capacity to a person with             weighing all favorable and unfavorable
                                                  notification by email to                                 an approved or pending drug product                   information, there is a high level of
                                                  PDUFAReauthorization@fda.hhs.gov by                      application under section 306(a) of the               assurance that the conduct that formed
                                                  August 28, 2015. Your email should                       FD&C Act (21 U.S.C. 335a(a)). The                     the basis for debarment has not recurred
                                                  contain complete contact information,                    debarment was based on FDA’s finding                  and will not recur, and that the
                                                  including name, title, affiliation,                      that Dr. Brancato was convicted of a                  individual will not otherwise pose a
                                                  address, email address, phone number,                    felony under Federal law for conduct                  threat to the integrity of the drug
                                                  and notice of any special                                relating to the development, or approval              approval process.
                                                  accommodations required because of                       of any drug product, or otherwise                        The evidence presented to FDA in
                                                  disability. Stakeholders will receive                    relating to the regulation of a drug                  support of termination shows that Dr.
                                                  confirmation and additional information                  product. On May 26, 1998, Dr. Brancato                Brancato was convicted for a first
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  about the first meeting after FDA                        applied for special termination of                    offense; that he has no prior or
                                                  receives this notification.                              debarment, under section 306(d)(4) of                 subsequent convictions for conduct
                                                                                                           the FD&C Act, as amended by the                       described under the FD&C Act and has
                                                    Dated: July 14, 2015.                                  Generic Drug Enforcement Act. On                      committed no other wrongful acts
                                                  Leslie Kux,                                              April 15, 2015, the Agency requested                  affecting the drug approval process; and
                                                  Associate Commissioner for Policy.                       additional information. On April 20,                  that his character and scientific
                                                  [FR Doc. 2015–17684 Filed 7–17–15; 8:45 am]              2015, Dr. Brancato provided the                       accomplishments are highly regarded by
                                                  BILLING CODE 4164–01–P                                   requested information.                                his professional peers. The evidence


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Document Created: 2015-12-15 12:58:15
Document Modified: 2015-12-15 12:58:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for notification of participation.
DatesSubmit notification of intention to participate in these series of meetings by August 28, 2015. Stakeholder meetings will be held monthly. It is anticipated that they will commence in September or October 2015.
ContactGraham Thompson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993, 301-796- 5003, FAX: 301-847-8443.
FR Citation80 FR 42825 

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