80_FR_58446 80 FR 58259 - Biosimilar User Fee Act; Public Meeting

80 FR 58259 - Biosimilar User Fee Act; Public Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 187 (September 28, 2015)

Page Range58259-58260
FR Document2015-24524

The Food and Drug Administration (FDA or Agency) is announcing a public meeting on the reauthorization of the Biosimilar User Fee Act (BsUFA) for fiscal years (FYs) 2018 through 2022. BsUFA authorizes FDA to collect user fees for the process for the review of biosimilar biological products. The current legislative authority for BsUFA expires in September 2017. At that time, new legislation will be required for FDA to continue collecting user fees in future fiscal years. The Federal Food, Drug, and Cosmetic Act (the FD&C Act) requires that FDA begin the BsUFA reauthorization process by publishing a notice in the Federal Register requesting public input and holding a public meeting where the public may present its views on the reauthorization. FDA invites public comment on the BsUFA performance goals as the Agency begins the process to reauthorize the program in FYs 2018-2022.

Federal Register, Volume 80 Issue 187 (Monday, September 28, 2015)
[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58259-58260]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24524]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3326]


Biosimilar User Fee Act; Public Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
a public meeting on the reauthorization of the Biosimilar User Fee Act 
(BsUFA) for fiscal years (FYs) 2018 through 2022. BsUFA authorizes FDA 
to collect user fees for the process for the review of biosimilar 
biological products. The current legislative authority for BsUFA 
expires in September 2017. At that time, new legislation will be 
required for FDA to continue collecting user fees in future fiscal 
years. The Federal Food, Drug, and Cosmetic Act (the FD&C Act) requires 
that FDA begin the BsUFA reauthorization process by publishing a notice 
in the Federal Register requesting public input and holding a public 
meeting where the public may present its views on the reauthorization. 
FDA invites public comment on the BsUFA performance goals as the Agency 
begins the process to reauthorize the program in FYs 2018-2022.

DATES: The public meeting will be held on December 18, 2015, from 9 
a.m. to 2 p.m. Registration to attend the meeting must be received by 
November 18, 2015. See section III of this document for information on 
how to register for the meeting. Submit written or electronic comments 
by January 19, 2016.

ADDRESSES: The meeting will be held at the FDA White Oak Campus, 10903 
New Hampshire Ave., Bldg. 31 Conference Center, in section B and C of 
the Great Room (Rm. 1503), Silver Spring, MD 20993. Participants must

[[Page 58260]]

enter through Building 1 and undergo security screening. For more 
information on parking and security procedures, please visit http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    Submit written comments to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061. 
Rockville, MD 20852. Submit electronic comments to http://www.regulations.gov. All comments should be identified with the docket 
number found in brackets in the heading of this document.
    Transcripts of the meeting will be available on the FDA Web site 
approximately 30 days after the meeting.

FOR FURTHER INFORMATION CONTACT: Sandra Benton, Food and Drug 
Administration, Center for Drug Evaluation and Research, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993, 301-796-
1042, FAX: 301-847-3529, sandra.benton@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On July 9, 2012, the Food and Drug Administration Safety and 
Innovation Act, which included BsUFA (Pub. L. 112-144, title IV), was 
signed into law by the President. BsUFA authorizes FDA to collect fees 
for certain activities relating to biosimilar biological product 
development, for certain types of applications and supplements for 
approval of biosimilar biological products, on establishments where 
approved biosimilar biological products are made, and on biosimilar 
biological products after approval.
    BsUFA's intent is to provide additional revenues so that FDA can 
hire more staff, improve systems, and establish a better managed 
biosimilar biological product review process to make biosimilar 
biological product therapies available to patients sooner without 
compromising review quality. As part of FDA's agreement with industry 
during the first BsUFA authorization, the Agency agreed to certain 
performance goals. These goals, which are captured in a Commitment 
Letter, apply to the process for the review of biosimilar biological 
product applications, including biosimilar biological product 
development meetings, review of applications and supplements, and other 
review activities.
    Although BsUFA is similar to the Prescription Drug User Fee Act 
(PDUFA) program in that it includes fees for marketing applications, 
manufacturing establishments, and products, there are some differences 
because of the relatively nascent state of the biosimilar industry in 
the United States. For example, at the time BsUFA was signed into law, 
there were no currently marketed biosimilar biological products. 
Accordingly, BsUFA includes fees for products in the development phase 
in order to generate fee revenue to support FDA's review work during 
this phase and enable sponsors to have meetings with FDA early in the 
development of biosimilar biological product candidates. Additional 
information concerning BsUFA, including the text of the law, the 
``Biosimilar Biological Product Authorization Performance Goals And 
Procedures--Fiscal Years 2013 Through 2017'' (the Commitment Letter), 
key Federal Register documents, BsUFA-related guidances, performance 
reports, and financial reports may be found on the FDA Web site at 
http://www.fda.gov/forindustry/userfees/biosimilaruserfeeactbsufa/default.htm.

II. Purpose of Public Meeting

    FDA is announcing a public meeting on BsUFA. The authority for 
BsUFA expires at the end of September 2017. Without new legislation, 
FDA will no longer be able to collect user fees to fund the biosimilar 
biological product review process. Before FDA begins negotiations with 
the regulated industry on BsUFA reauthorization, the Agency is holding 
the public meeting announced in this notice, at which members of the 
public may present their views on reauthorization, including any 
suggestions for changes to the performance goals referred to in the 
Commitment Letter. In addition, FDA will provide a period of 30 days 
after the public meeting to obtain written comments from the public. 
The purpose of this public meeting is to hear stakeholder views as we 
consider whether to retain, change, or discontinue the current BsUFA 
performance goals in the next BsUFA. In addition to any other relevant 
information the public would like to share, the FDA is interested in 
responses to the following two general questions:
     What is your assessment of the overall performance of the 
BsUFA program to date?
     What aspects of BsUFA performance goals should be 
retained, changed, or discontinued to further strengthen and improve 
the program?
    The meeting will likely include presentations by FDA and a series 
of panels representing different stakeholder groups. We will also 
provide an opportunity for other stakeholders to provide public comment 
at the meeting. FDA policy issues are beyond the scope of these 
reauthorization discussions. Accordingly, the comments should focus on 
process enhancements and funding issues, and not on policy issues.

III. Meeting Attendance and Participation

    If you wish to attend this meeting, visit https://fdapublicmeeting-bsufa.eventbrite.com. Please register by November 18, 2015. If you are 
unable to attend the meeting in person, you can register to view a live 
Webcast of the meeting. You will be asked to indicate in your 
registration if you plan to attend in person or via the Webcast. Your 
registration must also contain your complete contact information, 
including name, title, affiliation, address, email address, and phone 
number. Seating will be limited, so early registration is recommended. 
Registration is free and will be on a first-come, first-served basis. 
However, FDA may limit the number of participants from each 
organization based on space limitations. Registrants will receive 
confirmation once their registrations have been accepted. Onsite 
registration on the day of the meeting will be based on space 
availability. If you need special accommodations because of a 
disability, please contact Sandra Benton (see FOR FURTHER INFORMATION 
CONTACT) at least 7 days before the meeting.
    In addition, any person may submit written or electronic comments 
to the Division of Dockets Management (see ADDRESSES). Comments are to 
be identified with the docket number found in brackets in the heading 
of this document. Received comments may be seen in the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, 
and will be posted to the docket at http://www.regulations.gov. To 
ensure consideration, all comments must be received by January 19, 
2016.
    Please be advised that as soon as a transcript is available, it 
will be accessible at http://www.fda.gov/ForIndustry/UserFees/BiosimilarUserFeeActBsUFA/UCM461774.htm.

    Dated: September 21, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-24524 Filed 9-25-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                        Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices                                                  58259

                                              postmenopausal women have symptoms                      indicated for treatment of moderate to                between 9 a.m. and 4 p.m., Monday
                                              of VVA that require treatment, but some                 severe symptoms of vulvar and vaginal                 through Friday, and will be posted to
                                              women (particularly those 5 to10 years                  atrophy due to menopause. Presentation                the docket at http://
                                              postmenopausal), when asked, will                       of basic PK and clinical pharmacology                 www.regulations.gov.
                                              report one or more of the above                         data concepts and an informed                           Transcripts: Transcripts for the
                                              symptoms, which they deem to be                         framework for comparing various                       November 10th meeting will be posted,
                                              bothersome and self-categorize as                       estrogen products for prescribing                     when available, at http://www.fda.gov/
                                              moderate to severe in intensity. To date,               purposes.                                             Drugs/NewsEvents/ucm401167.htm.
                                              the Agency has approved estrogen                           • Discuss the level of available data                Dated: September 22, 2015.
                                              products (both estrogen-alone and                       supporting that a given estrogen serum
                                                                                                                                                            Leslie Kux,
                                              estrogen plus progestin) for the                        concentration is or is not related to
                                                                                                      adverse outcomes (for example,                        Associate Commissioner for Policy.
                                              indications of ‘‘treatment of moderate to
                                                                                                      pulmonary emboli, deep venous                         [FR Doc. 2015–24509 Filed 9–25–15; 8:45 am]
                                              severe vaginal dryness, a symptom of
                                              vulvar and vaginal atrophy due to                       thrombosis, and myocardial infarction).               BILLING CODE 4164–01–P

                                              menopause’’ and ‘‘treatment of                             • Presentation and discussion of PD
                                              moderate to severe dyspareunia, a                       biomarkers for thrombosis. Presentation
                                                                                                      of a comparison of metabolic profiles                 DEPARTMENT OF HEALTH AND
                                              symptom of vulvar and vaginal atrophy
                                                                                                      from various products, key clotting                   HUMAN SERVICES
                                              due to menopause.’’
                                                 Estrogen-alone products have Boxed                   factors responsible for thrombosis, and
                                                                                                      PK/PD relationships.                                  Food and Drug Administration
                                              Warnings stating:
                                                 (1) There is an increased risk of                                                                          [Docket No. FDA–2015–N–3326]
                                                                                                      III. Meeting Attendance and
                                              endometrial cancer in a woman with a                    Participation
                                              uterus who uses unopposed estrogen;                                                                           Biosimilar User Fee Act; Public
                                                 (2) estrogen-alone therapy should not                   If you wish to attend this meeting,                Meeting
                                              be used for the prevention of                           email FDAVVAworkshop@fda.hhs.gov.
                                                                                                      Please register by October 16, 2015.                  AGENCY:    Food and Drug Administration,
                                              cardiovascular disease or dementia;                                                                           HHS.
                                                 (3) an increased risk of stroke and                  Those who are unable to attend the
                                                                                                      meeting in person can register to view                ACTION: Notice of public meeting;
                                              deep vein thrombosis was reported in
                                                                                                      a live Webcast of the meeting. You will               request for comments.
                                              the Women’s Health Initiative (WHI)
                                              estrogen-alone substudy; and                            be asked to indicate in your registration
                                                                                                                                                            SUMMARY:   The Food and Drug
                                                 (4) an increased risk of probable                    whether you plan to attend in person or
                                                                                                                                                            Administration (FDA or Agency) is
                                              dementia in postmenopausal women 65                     via the Webcast. Your registration
                                                                                                                                                            announcing a public meeting on the
                                              years of age and older was reported in                  should also contain your complete
                                                                                                                                                            reauthorization of the Biosimilar User
                                              WHI Memory Study (WHIMS) estrogen-                      contact information, including name,
                                                                                                                                                            Fee Act (BsUFA) for fiscal years (FYs)
                                              alone ancillary study.                                  title, affiliation, address, email address,
                                                                                                                                                            2018 through 2022. BsUFA authorizes
                                                 The WHI estrogen-alone studies                       and telephone number.
                                                                                                                                                            FDA to collect user fees for the process
                                              evaluated only a single estrogen dose                      Seating will be limited, so early
                                                                                                                                                            for the review of biosimilar biological
                                              consisting of 0.625 mg of conjugated                    registration is recommended.
                                                                                                                                                            products. The current legislative
                                              estrogen. As lower-dose estrogen                        Registration is free and will be on a first-
                                                                                                                                                            authority for BsUFA expires in
                                              products are now approved for the                       come, first-served basis. However, FDA
                                                                                                                                                            September 2017. At that time, new
                                              treatment of moderate to severe                         may limit the number of participants
                                                                                                                                                            legislation will be required for FDA to
                                              symptoms of VVA due to menopause,                       from each organization based on space
                                                                                                                                                            continue collecting user fees in future
                                              some in the scientific/medical                          limitations. Registrants will receive
                                                                                                                                                            fiscal years. The Federal Food, Drug,
                                              community have questioned whether                       confirmation once they have been
                                                                                                                                                            and Cosmetic Act (the FD&C Act)
                                              these statements in the Boxed Warning                   accepted. Onsite registration on the day
                                                                                                                                                            requires that FDA begin the BsUFA
                                              section are applicable in whole or in                   of the meeting will be based on space
                                                                                                                                                            reauthorization process by publishing a
                                              part to the lower-dose estrogen                         availability. If you need special
                                                                                                                                                            notice in the Federal Register
                                              products.                                               accommodations because of disability,
                                                                                                                                                            requesting public input and holding a
                                                                                                      please contact Kimberly Shiley (see FOR
                                              II. Discussion Topics                                                                                         public meeting where the public may
                                                                                                      FURTHER INFORMATION CONTACT) at least 7
                                                 The scientific workshop on November                                                                        present its views on the reauthorization.
                                                                                                      days before the meeting.
                                              10th will include discussions of                           FDA will hold an open public                       FDA invites public comment on the
                                              scientific challenges related to the                    comment session during the November                   BsUFA performance goals as the Agency
                                              following topics:                                       10th public meeting to give the public                begins the process to reauthorize the
                                                 • The relevance to lower-dose                        an opportunity to comment. Register for               program in FYs 2018–2022.
                                              estrogen products of the Boxed                          this session at                                       DATES: The public meeting will be held
                                              Warnings related to the WHI findings                    FDAVVAworkshop@fda.hhs.gov by                         on December 18, 2015, from 9 a.m. to 2
                                              that: (1) Estrogens should not be used                  October 16, 2015. Additional                          p.m. Registration to attend the meeting
                                              for the prevention of cardiovascular                    registration will occur at the registration           must be received by November 18, 2015.
                                              disease or dementia, (2) there is an                    desk on the day of the meeting on a                   See section III of this document for
                                              increased risk of stroke and deep vein                  first-come, first-served basis if there is            information on how to register for the
                                              thrombosis in women treated with                        still time available during this session.             meeting. Submit written or electronic
tkelley on DSK3SPTVN1PROD with NOTICES




                                              estrogen-alone, and (3) there is an                        Docket Comments: Regardless of                     comments by January 19, 2016.
                                              increased risk of probable dementia in                  attendance at the meeting, you can                    ADDRESSES: The meeting will be held at
                                              postmenopausal women 65 years of age                    submit electronic or written comments,                the FDA White Oak Campus, 10903
                                              and older treated with estrogen-alone.                  including responses to the public docket              New Hampshire Ave., Bldg. 31
                                                 • How to educate prescribers on the                  (see ADDRESSES), by October 16, 2015.                 Conference Center, in section B and C
                                              interpretation of estrogen exposure data                Received comments may be seen in the                  of the Great Room (Rm. 1503), Silver
                                              across various estrogen dosage forms                    Division of Dockets Management                        Spring, MD 20993. Participants must


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                                              58260                     Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Notices

                                              enter through Building 1 and undergo                    (PDUFA) program in that it includes                   panels representing different
                                              security screening. For more                            fees for marketing applications,                      stakeholder groups. We will also
                                              information on parking and security                     manufacturing establishments, and                     provide an opportunity for other
                                              procedures, please visit http://                        products, there are some differences                  stakeholders to provide public comment
                                              www.fda.gov/AboutFDA/                                   because of the relatively nascent state of            at the meeting. FDA policy issues are
                                              WorkingatFDA/BuildingsandFacilities/                    the biosimilar industry in the United                 beyond the scope of these
                                              WhiteOakCampusInformation/                              States. For example, at the time BsUFA                reauthorization discussions.
                                              ucm241740.htm.                                          was signed into law, there were no                    Accordingly, the comments should
                                                Submit written comments to the                        currently marketed biosimilar biological              focus on process enhancements and
                                              Division of Dockets Management (HFA–                    products. Accordingly, BsUFA includes                 funding issues, and not on policy issues.
                                              305), Food and Drug Administration,                     fees for products in the development
                                              5630 Fishers Lane, Rm. 1061. Rockville,                 phase in order to generate fee revenue                III. Meeting Attendance and
                                              MD 20852. Submit electronic comments                    to support FDA’s review work during                   Participation
                                              to http://www.regulations.gov. All                      this phase and enable sponsors to have
                                                                                                                                                               If you wish to attend this meeting,
                                              comments should be identified with the                  meetings with FDA early in the
                                                                                                      development of biosimilar biological                  visit https://fdapublicmeeting-
                                              docket number found in brackets in the
                                                                                                      product candidates. Additional                        bsufa.eventbrite.com. Please register by
                                              heading of this document.
                                                                                                      information concerning BsUFA,                         November 18, 2015. If you are unable to
                                                Transcripts of the meeting will be
                                                                                                      including the text of the law, the                    attend the meeting in person, you can
                                              available on the FDA Web site
                                                                                                      ‘‘Biosimilar Biological Product                       register to view a live Webcast of the
                                              approximately 30 days after the
                                              meeting.                                                Authorization Performance Goals And                   meeting. You will be asked to indicate
                                                                                                      Procedures—Fiscal Years 2013 Through                  in your registration if you plan to attend
                                              FOR FURTHER INFORMATION CONTACT:                                                                              in person or via the Webcast. Your
                                                                                                      2017’’ (the Commitment Letter), key
                                              Sandra Benton, Food and Drug                                                                                  registration must also contain your
                                                                                                      Federal Register documents, BsUFA-
                                              Administration, Center for Drug                                                                               complete contact information, including
                                                                                                      related guidances, performance reports,
                                              Evaluation and Research, 10903 New                                                                            name, title, affiliation, address, email
                                                                                                      and financial reports may be found on
                                              Hampshire Ave., Bldg. 51, Rm. 6340,                                                                           address, and phone number. Seating
                                                                                                      the FDA Web site at http://www.fda.gov/
                                              Silver Spring, MD 20993, 301–796–                                                                             will be limited, so early registration is
                                                                                                      forindustry/userfees/
                                              1042, FAX: 301–847–3529,                                                                                      recommended. Registration is free and
                                                                                                      biosimilaruserfeeactbsufa/default.htm.
                                              sandra.benton@fda.hhs.gov.                                                                                    will be on a first-come, first-served
                                              SUPPLEMENTARY INFORMATION:                              II. Purpose of Public Meeting                         basis. However, FDA may limit the
                                              I. Introduction                                            FDA is announcing a public meeting                 number of participants from each
                                                                                                      on BsUFA. The authority for BsUFA                     organization based on space limitations.
                                                On July 9, 2012, the Food and Drug                    expires at the end of September 2017.                 Registrants will receive confirmation
                                              Administration Safety and Innovation                    Without new legislation, FDA will no                  once their registrations have been
                                              Act, which included BsUFA (Pub. L.                      longer be able to collect user fees to                accepted. Onsite registration on the day
                                              112–144, title IV), was signed into law                 fund the biosimilar biological product                of the meeting will be based on space
                                              by the President. BsUFA authorizes                      review process. Before FDA begins                     availability. If you need special
                                              FDA to collect fees for certain activities              negotiations with the regulated industry              accommodations because of a disability,
                                              relating to biosimilar biological product               on BsUFA reauthorization, the Agency                  please contact Sandra Benton (see FOR
                                              development, for certain types of                       is holding the public meeting                         FURTHER INFORMATION CONTACT) at least 7
                                              applications and supplements for                        announced in this notice, at which                    days before the meeting.
                                              approval of biosimilar biological                       members of the public may present their
                                              products, on establishments where                                                                                In addition, any person may submit
                                                                                                      views on reauthorization, including any               written or electronic comments to the
                                              approved biosimilar biological products                 suggestions for changes to the
                                              are made, and on biosimilar biological                                                                        Division of Dockets Management (see
                                                                                                      performance goals referred to in the                  ADDRESSES). Comments are to be
                                              products after approval.                                Commitment Letter. In addition, FDA
                                                BsUFA’s intent is to provide                                                                                identified with the docket number
                                                                                                      will provide a period of 30 days after                found in brackets in the heading of this
                                              additional revenues so that FDA can                     the public meeting to obtain written
                                              hire more staff, improve systems, and                                                                         document. Received comments may be
                                                                                                      comments from the public. The purpose                 seen in the Division of Dockets
                                              establish a better managed biosimilar                   of this public meeting is to hear
                                              biological product review process to                                                                          Management between 9 a.m. and 4 p.m.,
                                                                                                      stakeholder views as we consider                      Monday through Friday, and will be
                                              make biosimilar biological product                      whether to retain, change, or
                                              therapies available to patients sooner                                                                        posted to the docket at http://
                                                                                                      discontinue the current BsUFA                         www.regulations.gov. To ensure
                                              without compromising review quality.                    performance goals in the next BsUFA. In
                                              As part of FDA’s agreement with                                                                               consideration, all comments must be
                                                                                                      addition to any other relevant                        received by January 19, 2016.
                                              industry during the first BsUFA                         information the public would like to
                                              authorization, the Agency agreed to                     share, the FDA is interested in                          Please be advised that as soon as a
                                              certain performance goals. These goals,                 responses to the following two general                transcript is available, it will be
                                              which are captured in a Commitment                      questions:                                            accessible at http://www.fda.gov/
                                              Letter, apply to the process for the                       • What is your assessment of the                   ForIndustry/UserFees/
                                              review of biosimilar biological product                 overall performance of the BsUFA                      BiosimilarUserFeeActBsUFA/
tkelley on DSK3SPTVN1PROD with NOTICES




                                              applications, including biosimilar                      program to date?                                      UCM461774.htm.
                                              biological product development                             • What aspects of BsUFA                              Dated: September 21, 2015.
                                              meetings, review of applications and                    performance goals should be retained,
                                                                                                                                                            Leslie Kux,
                                              supplements, and other review                           changed, or discontinued to further
                                              activities.                                             strengthen and improve the program?                   Associate Commissioner for Policy.
                                                Although BsUFA is similar to the                         The meeting will likely include                    [FR Doc. 2015–24524 Filed 9–25–15; 8:45 am]
                                              Prescription Drug User Fee Act                          presentations by FDA and a series of                  BILLING CODE 4164–01–P




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Document Created: 2018-02-26 10:21:38
Document Modified: 2018-02-26 10:21:38
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 of public meeting; request for comments.
DatesThe public meeting will be held on December 18, 2015, from 9 a.m. to 2 p.m. Registration to attend the meeting must be received by November 18, 2015. See section III of this document for information on how to register for the meeting. Submit written or electronic comments by January 19, 2016.
ContactSandra Benton, Food and Drug Administration, Center for Drug Evaluation and Research, 10903 New Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993, 301-796- 1042, FAX: 301-847-3529, [email protected]
FR Citation80 FR 58259 

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