80_FR_71042 80 FR 70822 - Drugs for Human Use; Drug Efficacy Study Implementation; Nitroglycerin Transdermal Systems; Withdrawal of Hearing Request; Withdrawal of Applications; Final Resolution of Hearing Requests Regarding Transdermal Systems Under Docket

80 FR 70822 - Drugs for Human Use; Drug Efficacy Study Implementation; Nitroglycerin Transdermal Systems; Withdrawal of Hearing Request; Withdrawal of Applications; Final Resolution of Hearing Requests Regarding Transdermal Systems Under Docket

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range70822-70825
FR Document2015-28853

The Food and Drug Administration (FDA or Agency) is announcing that all outstanding hearing requests regarding nitroglycerin drug products in transdermal systems under Docket No. FDA-1977-N-0356 (formerly 77N-0240) (DESI 1786) have been withdrawn. Therefore, shipment in interstate commerce of any nitroglycerin drug product in a transdermal system identified in this docket, or any identical, related, or similar (IRS) product, that is not the subject of an approved new drug application (NDA) or abbreviated new drug application (ANDA) is unlawful as of the effective date of this notice.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70822-70825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28853]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1977-N-0356 (Formerly 77N-0240); DESI 1786]


Drugs for Human Use; Drug Efficacy Study Implementation; 
Nitroglycerin Transdermal Systems; Withdrawal of Hearing Request; 
Withdrawal of Applications; Final Resolution of Hearing Requests 
Regarding Transdermal Systems Under Docket

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
that all outstanding hearing requests regarding nitroglycerin drug

[[Page 70823]]

products in transdermal systems under Docket No. FDA-1977-N-0356 
(formerly 77N-0240) (DESI 1786) have been withdrawn. Therefore, 
shipment in interstate commerce of any nitroglycerin drug product in a 
transdermal system identified in this docket, or any identical, 
related, or similar (IRS) product, that is not the subject of an 
approved new drug application (NDA) or abbreviated new drug application 
(ANDA) is unlawful as of the effective date of this notice.

DATES: Effective Date: This notice is effective November 16, 2015.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-1977-N-0356 for ``Drugs for Human Use; Drug Efficacy Study 
Implementation; Nitroglycerin Transdermal Systems; Withdrawal of 
Hearing Request; Withdrawal of Applications; Final Resolution of 
Hearing Requests Regarding Transdermal Systems Under Docket.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Barbara Wise, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 5160, Silver Spring, MD 20993-0002, 301-
796-2089, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    When enacted in 1938, the Federal Food, Drug, and Cosmetic Act (the 
FD&C Act) required that ``new drugs'' (21 U.S.C. 321(p)) be approved 
for safety by FDA before they could legally be sold in interstate 
commerce. Between 1938 and 1962, if a drug obtained approval, FDA 
considered drugs that were IRS (see 21 CFR 310.6(b)(1)) to the approved 
drug to be covered by that approval, and allowed those IRS drugs to be 
marketed without independent approval.
    In 1962, Congress amended the FD&C Act to require that new drugs be 
proven effective for their labeled indications, as well as safe, in 
order to obtain FDA approval. This amendment also required FDA to 
conduct a retrospective evaluation of the effectiveness of the drug 
products that FDA had approved as safe between 1938 and 1962. FDA 
contracted with the National Academy of Science/National Research 
Council (NAS/NRC) to make an initial evaluation of the effectiveness of 
over 3,400 products that had been approved only for safety between 1938 
and 1962. The NAS/NRC reports for these drug products were submitted to 
FDA in the late 1960s and early 1970s. The Agency reviewed and 
reevaluated the reports and published its findings in Federal Register 
notices. FDA's administrative implementation of the NAS/NRC reports was 
called the Drug Efficacy Study Implementation (DESI). DESI covered the 
approximately 3,400 products specifically reviewed by the NAS/NRC, as 
well as the even larger number of IRS products that entered the market 
without FDA approval.
    All drugs reviewed under DESI are ``new drugs'' under the FD&C Act. 
If FDA's final DESI determination classifies a drug product as lacking 
substantial evidence of effectiveness for one or more indications, that 
drug product and those IRS to it may no longer be marketed for such 
indications and are subject to enforcement action as unapproved new 
drugs. If FDA's final DESI determination classifies the drug product as 
effective for one or more of its labeled indications, the drug can be 
marketed for such indications, provided it is the subject of an 
application approved for safety and effectiveness. Sponsors of drug 
products that have been found to be effective for one or more 
indications through the DESI process may rely on FDA's effectiveness

[[Page 70824]]

determinations, but typically must update their labeling to conform to 
the indication(s) found to be effective by FDA and include any 
additional safety information required by FDA. Those drug products with 
NDAs approved before 1962 for safety therefore require approved 
supplements to their original applications if one or more indications 
are found to be effective under DESI; IRS drug products require an 
approved NDA or ANDA, as appropriate. Furthermore, labeling for drug 
products classified as effective may contain only those indications for 
which the review found the product effective unless the firm marketing 
the product has received an approval for the additional indication(s).

II. Final Resolution of Hearing Requests Regarding Nitroglycerin 
Transdermal Systems Under Docket No. FDA-1977-N-0356 (formerly 77N-
0240); DESI 1786

    In a Federal Register notice published in February 1972, FDA 
announced its evaluation of reports received from NAS/NRC regarding 
certain single-entity coronary vasodilators, including controlled-
release nitroglycerin tablets, for indications relating to the 
management, prophylaxis, and treatment of angina attacks (37 FR 4001, 
February 25, 1972). In a Federal Register notice published in December 
1972, FDA temporarily exempted specified single-entity coronary 
vasodilators covered by DESI from the time limits established for 
completing DESI (37 FR 26623 at 26624, December 14, 1972). The December 
1972 notice did not initially include controlled-release forms of the 
drugs, but a notice published in July 1973 allowed the case-by-case 
addition of controlled-release dosage forms, pending the completion of 
scientific studies that showed a drug was released in a defined manner 
which would permit well-controlled clinical trials to determine 
effectiveness (38 FR 18477, 18478, July 11, 1973; corrected by 38 FR 
19920, July 25, 1973).
    The December 1972 notice was amended again in August 1977, to 
announce the addition of controlled-release forms of specified coronary 
vasodilators, and the availability of guidelines and methods for 
determining the bioavailability of coronary vasodilators (42 FR 43127, 
August 26, 1977). The August 1977 notice specifically added 
nitroglycerin (topical ointment forms, conventional oral forms, and 
controlled release forms) to the list of drugs allowed to remain on the 
market while efficacy studies were conducted (42 FR 43127 at 43128). 
The December 1972 notice was further amended in October 1977, to extend 
the deadlines for submission of data and applications required for the 
coronary vasodilator products, and to announce the availability of 
guidelines for alternative methods of determining bioavailability for 
these products (42 FR 56156, October 21, 1977). Controlled-release 
transdermal nitroglycerin patches were included among the types of 
drugs permitted to remain on the market pending completion of efficacy 
studies based on their similarity to nitroglycerin ointment products 
(58 FR 38129 at 38130, July 15, 1993).
    In July 1993, FDA revoked the temporary exemption for single-entity 
coronary vasodilator products containing nitroglycerin in a transdermal 
delivery system, which had allowed the products to stay on the market 
beyond the time limit scheduled for the implementation of DESI (58 FR 
38129). FDA found the products to be effective for prevention of angina 
pectoris caused by coronary artery disease, and required sponsors to 
submit bioavailability/bioequivalence studies within 1 year (see 58 FR 
38129 at 38130 to 38131). In March 1999, FDA reclassified one NDA and 
five ANDAs for nitroglycerin transdermal systems to lacking substantial 
evidence of effectiveness, based on the sponsors' failure to submit the 
required bioavailability/bioequivalence data (64 FR 14451, March 25, 
1999). In the March 1999 notice, FDA proposed to withdraw approval of 
the applications and offered an opportunity for a hearing on the 
proposal to withdraw the applications.
    In response to the March 1999 notice, Schwarz Pharma, Inc. (Schwarz 
Pharma), now a subsidiary of UCB, S.A., which was the sponsor of two of 
the five ANDAs, and Hercon Laboratories Corp. (Hercon), which was the 
sponsor of the remaining three ANDAs, requested hearings.\1\ G.D. 
Searle & Co., which was the sponsor of the identified NDA, did not 
submit a hearing request.
---------------------------------------------------------------------------

    \1\ The March 1999 notice incorrectly referred to Hercon as 
``Hercon Pharmaceutical Company, Inc.''
---------------------------------------------------------------------------

    At the request of Hercon, in the Federal Register of March 4, 2005 
(70 FR 10651 at 10656), FDA withdrew approval of Hercon's three ANDAs 
that were the subject of the 1999 notice of opportunity for a hearing. 
On January 10, 2011, FDA sent a letter to Hercon to determine whether 
it remained interested in pursuing its hearing request. On February 9, 
2011, Hercon responded by withdrawing its hearing request. On July 17, 
2002, Schwarz Pharma withdrew its hearing request and requested 
withdrawal of its ANDAs that were the subject of the 1999 notice of 
opportunity for a hearing.
    There are no longer outstanding hearing requests for nitroglycerin 
drug products in transdermal systems under this docket. Therefore, as 
proposed in the March 1999 notice of opportunity for hearing, FDA finds 
that the following applications lack substantial evidence of 
effectiveness and hereby withdraws approval of the applications under 
section 505(e) of the FD&C Act (21 U.S.C. 355): ANDA 88-727, DEPONIT 
(release rate of 0.2 mg of nitroglycerin per hour), held by Schwarz 
Pharma; ANDA 89-022, DEPONIT (release rate of 0.4 mg of nitroglycerin 
per hour), held by Schwarz Pharma; and NDA 20-146, NITRODISC, held by 
G.D. Searle & Co. Shipment in interstate commerce of any nitroglycerin 
drug product in a transdermal system identified in this docket, or any 
IRS product, that is not the subject of an approved NDA or ANDA is 
unlawful as of the effective date of this notice (see DATES). Any 
person who wishes to determine whether a specific product is covered by 
this notice should write to Barbara Wise at the Center for Drug 
Evaluation and Research (see FOR FURTHER INFORMATION CONTACT). Firms 
should be aware that, after the effective date of this notice (see 
DATES), FDA intends to take enforcement action without further notice 
against any firm that manufactures or ships in interstate commerce any 
unapproved product covered by this notice.

III. Discontinued Products

    Firms must notify the Agency of certain product discontinuations in 
writing under section 506C(a) of the FD&C Act (21 U.S.C. 356c). See 
http://www.fda.gov/Drugs/DrugSafety/DrugShortages/ucm142398.htm. Some 
firms may have previously discontinued manufacturing or distributing 
products covered by this notice without discontinuing the listing as 
required under section 510(j) of the FD&C Act (21 U.S.C. 360(j)). Other 
firms may discontinue manufacturing or distributing listed products in 
response to this notice. All firms are required to electronically 
update the listing of their products under section 510(j) of the FD&C 
Act to reflect discontinuation of unapproved products covered by this 
notice (21 CFR 207.21(b)). Questions on electronic drug listing updates 
should be sent to [email protected]. In addition to the required 
update, firms can also notify the Agency of product discontinuation by 
sending a letter, signed by the firm's chief executive officer and 
fully identifying the

[[Page 70825]]

discontinued product(s), including the product NDC number(s), and 
stating that the manufacturing and/or distribution of the product(s) 
have been discontinued. The letter should be sent electronically to 
Barbara Wise (see FOR FURTHER INFORMATION CONTACT). FDA plans to rely 
on its existing records, including its drug listing records, the 
results of any future inspections, or other available information, when 
it targets violative products for enforcement action.

IV. Reformulated Products

    FDA cautions firms against reformulating products into unapproved 
new drugs and marketing under the same name or substantially the same 
name (including a new name that contains the old name). Reformulated 
products marketed under a name previously identified with a different 
active ingredient or combinations of active ingredients have the 
potential to confuse health care practitioners and harm patients.

    Dated: November 9, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-28853 Filed 11-13-15; 8:45 am]
BILLING CODE 4164-01-P



                                              70822                        Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices

                                              judge, or perform a regulatory function                   previously participated in the ELP or                 research, manufacturing, academia, and
                                              (e.g., compliance inspection), but rather,                other FDA site visit programs.                        health care facilities. The focus areas
                                              they are an opportunity to provide                                                                              and specific areas of interest for visits
                                              CDRH review staff a better                                II. CDRH ELP General Training
                                                                                                                                                              may include the following:
                                              understanding of the products they                        Program
                                              review. Through this notice, CDRH is                      A. Areas of Interest
                                              formally requesting participation from
                                              companies, academia, and clinical                          In this training program, groups of
                                              facilities, including those that have                     CDRH staff will observe operations at

                                                                                       TABLE 1—AREAS OF INTEREST—OFFICE OF DEVICE EVALUATION
                                                             Focus area                                                                   Specific areas of interest

                                              Biocompatibility testing ...................   Decision making process for biocompatibility evaluation and test selection (if needed); considerations for
                                                                                               use of animal testing vs. in vitro testing; sample preparation of nanoscale, bioabsorbable, and in situ po-
                                                                                               lymerized materials; evaluation of color additives.
                                              Combination products .....................     Devices coated with drug(s) or biologic(s); drug/biologic delivery products.
                                              Emerging manufacturing methods ..              3-D printing; additive manufacturing; additional or unique validation and verification activities.
                                              Management of clinical trials for              Conducting clinical trials, overcoming common obstacles to starting and completing clinical trials, and inter-
                                                medical devices.                               acting with various other stakeholders; preparing applications to request approval to conduct Investiga-
                                                                                               tional Device Exemption (IDE) clinical studies and responding to feedback received from FDA.
                                              Reprocessing and sterilization ........        Reprocessing challenges in clinical environment, including techniques for understanding and incorporating
                                                                                               these challenges from the clinical environment to labeling and validation studies; techniques for vali-
                                                                                               dating cleaning, disinfection, or sterilization instructions; challenges in validating cleaning, disinfection, or
                                                                                               sterilization instructions; simulated use testing, particularly for validating sterilization methods and in-
                                                                                               structions; unique sterilization methods (e.g., use of flexible bags, mixed sterilants sound waves, ultra-
                                                                                               violet light, microwave radiation).


                                                           TABLE 2—AREAS OF INTEREST—OFFICE OF IN VITRO DIAGNOSTIC DEVICES AND RADIOLOGICAL HEALTH
                                                             Focus area                                                                   Specific areas of interest

                                              Manufacturing of in vitro diagnostic           Pre-analytical devices (i.e., blood tubes), pathogen collection devices, micro collection/transport devices;
                                                devices.                                       general reagents, manual reagents; general assays, common point-of-care devices.
                                              Instrument training of medical de-             Hands-on instrument and system training; clinical implication of common laboratory testing; hands on famil-
                                                vices (manufacturer or clinical                iarization of medical imaging equipment in a hospital setting.
                                                laboratory).
                                              Quality system in manufacturing                Observation of implemented quality systems practices based on current Good Manufacturing Practices; the
                                                environments based on 21 CFR                  manufacturing of medical imaging or therapeutic radiology technologies.
                                                part 820.



                                              B. Site Selection                                         seen in the Division of Dockets                         Dated: November 5, 2015.
                                                 CDRH will be responsible for CDRH                      Management (see ADDRESSES) between 9                  Leslie Kux,
                                              staff travel expenses associated with the                 a.m. and 4 p.m., Monday through                       Associate Commissioner for Policy.
                                              site visits. CDRH will not provide funds                  Friday.                                               [FR Doc. 2015–28857 Filed 11–13–15; 8:45 am]
                                              to support the training provided by the                      The proposal should include a                      BILLING CODE 4164–01–P
                                              site to this ELP General Training                         description of your facility relative to
                                              Program. Selection of potential facilities                focus areas described in tables 1 or 2.
                                              will be based on CDRH’s priorities for                    Please include the Area of Interest (see              DEPARTMENT OF HEALTH AND
                                              staff training and resources available to                 tables 1 or 2) that the site visit will               HUMAN SERVICES
                                              fund this program. In addition to                         demonstrate to CDRH staff, a contact
                                                                                                        person, site visit location(s), length of             Food and Drug Administration
                                              logistical and other resource factors, all
                                              sites must have a successful compliance                   site visit, proposed dates, and maximum               [Docket No. FDA–1977–N–0356 (Formerly
                                              record with FDA or another Agency                         number of CDRH staff that can be                      77N–0240); DESI 1786]
                                              with which FDA has a memorandum of                        accommodated during a site visit.
                                                                                                        Proposals submitted without this                      Drugs for Human Use; Drug Efficacy
                                              understanding. If a site visit involves a
                                                                                                        minimum information will not be                       Study Implementation; Nitroglycerin
                                              visit to a separate physical location of
                                                                                                        considered. In addition, please include               Transdermal Systems; Withdrawal of
                                              another firm under contract with the
                                                                                                        an agenda outlining the proposed                      Hearing Request; Withdrawal of
                                              site, that firm must agree to participate
                                                                                                        training for the site visit. A sample                 Applications; Final Resolution of
                                              in the ELP General Training program
                                                                                                        request and agenda are available on the               Hearing Requests Regarding
                                              and must also have a satisfactory
                                                                                                                                                              Transdermal Systems Under Docket
tkelley on DSK3SPTVN1PROD with NOTICES




                                              compliance history.                                       ELP Web site at http://www.fda.gov/
                                                                                                        downloads/ScienceResearch/                            ACTION:   Notice.
                                              III. Request To Participate                               ScienceCareerOpportunities/
                                                Submit proposals for participation                      UCM392988.pdf and http://                             SUMMARY:   The Food and Drug
                                              with the docket number found in the                       www.fda.gov/scienceresearch/                          Administration (FDA or Agency) is
                                              brackets in the heading of this                           sciencecareeropportunities/                           announcing that all outstanding hearing
                                              document. Received requests may be                        ucm380676.htm.                                        requests regarding nitroglycerin drug


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                                                                         Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices                                             70823

                                              products in transdermal systems under                   1977–N–0356 for ‘‘Drugs for Human                     Hampshire Ave., Bldg. 51, Rm. 5160,
                                              Docket No. FDA–1977–N–0356                              Use; Drug Efficacy Study                              Silver Spring, MD 20993–0002, 301–
                                              (formerly 77N–0240) (DESI 1786) have                    Implementation; Nitroglycerin                         796–2089, email: Barbara.Wise@
                                              been withdrawn. Therefore, shipment in                  Transdermal Systems; Withdrawal of                    fda.hhs.gov.
                                              interstate commerce of any nitroglycerin                Hearing Request; Withdrawal of                        SUPPLEMENTARY INFORMATION:
                                              drug product in a transdermal system                    Applications; Final Resolution of
                                              identified in this docket, or any                       Hearing Requests Regarding                            I. Background
                                              identical, related, or similar (IRS)                    Transdermal Systems Under Docket.’’                      When enacted in 1938, the Federal
                                              product, that is not the subject of an                  Received comments will be placed in                   Food, Drug, and Cosmetic Act (the
                                              approved new drug application (NDA)                     the docket and, except for those                      FD&C Act) required that ‘‘new drugs’’
                                              or abbreviated new drug application                     submitted as ‘‘Confidential                           (21 U.S.C. 321(p)) be approved for safety
                                              (ANDA) is unlawful as of the effective                  Submissions,’’ publicly viewable at                   by FDA before they could legally be sold
                                              date of this notice.                                    http://www.regulations.gov or at the                  in interstate commerce. Between 1938
                                              DATES: Effective Date: This notice is                   Division of Dockets Management                        and 1962, if a drug obtained approval,
                                              effective November 16, 2015.                            between 9 a.m. and 4 p.m., Monday                     FDA considered drugs that were IRS
                                              ADDRESSES: You may submit comments
                                                                                                      through Friday.                                       (see 21 CFR 310.6(b)(1)) to the approved
                                              as follows:                                                • Confidential Submissions—To                      drug to be covered by that approval, and
                                                                                                      submit a comment with confidential                    allowed those IRS drugs to be marketed
                                              Electronic Submissions                                  information that you do not wish to be                without independent approval.
                                                Submit electronic comments in the                     made publicly available, submit your                     In 1962, Congress amended the FD&C
                                              following way:                                          comments only as a written/paper                      Act to require that new drugs be proven
                                                • Federal eRulemaking Portal: http://                 submission. You should submit two                     effective for their labeled indications, as
                                              www.regulations.gov. Follow the                         copies total. One copy will include the               well as safe, in order to obtain FDA
                                              instructions for submitting comments.                   information you claim to be confidential              approval. This amendment also required
                                              Comments submitted electronically,                      with a heading or cover note that states              FDA to conduct a retrospective
                                              including attachments, to http://                       ‘‘THIS DOCUMENT CONTAINS                              evaluation of the effectiveness of the
                                              www.regulations.gov will be posted to                   CONFIDENTIAL INFORMATION.’’ The                       drug products that FDA had approved
                                              the docket unchanged. Because your                      Agency will review this copy, including               as safe between 1938 and 1962. FDA
                                              comment will be made public, you are                    the claimed confidential information, in              contracted with the National Academy
                                              solely responsible for ensuring that your               its consideration of comments. The                    of Science/National Research Council
                                              comment does not include any                            second copy, which will have the                      (NAS/NRC) to make an initial
                                              confidential information that you or a                  claimed confidential information                      evaluation of the effectiveness of over
                                              third party may not wish to be posted,                  redacted/blacked out, will be available               3,400 products that had been approved
                                              such as medical information, your or                    for public viewing and posted on                      only for safety between 1938 and 1962.
                                              anyone else’s Social Security number, or                http://www.regulations.gov. Submit                    The NAS/NRC reports for these drug
                                              confidential business information, such                 both copies to the Division of Dockets                products were submitted to FDA in the
                                              as a manufacturing process. Please note                 Management. If you do not wish your                   late 1960s and early 1970s. The Agency
                                              that if you include your name, contact                  name and contact information to be                    reviewed and reevaluated the reports
                                              information, or other information that                  made publicly available, you can                      and published its findings in Federal
                                              identifies you in the body of your                      provide this information on the cover                 Register notices. FDA’s administrative
                                              comments, that information will be                      sheet and not in the body of your                     implementation of the NAS/NRC reports
                                              posted on http://www.regulations.gov.                   comments and you must identify this                   was called the Drug Efficacy Study
                                                • If you want to submit a comment                     information as ‘‘confidential.’’ Any                  Implementation (DESI). DESI covered
                                              with confidential information that you                  information marked as ‘‘confidential’’                the approximately 3,400 products
                                              do not wish to be made available to the                 will not be disclosed except in                       specifically reviewed by the NAS/NRC,
                                              public, submit the comment as a                         accordance with 21 CFR 10.20 and other                as well as the even larger number of IRS
                                              written/paper submission and in the                     applicable disclosure law. For more                   products that entered the market
                                              manner detailed (see ‘‘Written/Paper                    information about FDA’s posting of                    without FDA approval.
                                              Submissions’’ and ‘‘Instructions’’).                    comments to public dockets, see 80 FR                    All drugs reviewed under DESI are
                                                                                                      56469, September 18, 2015, or access                  ‘‘new drugs’’ under the FD&C Act. If
                                              Written/Paper Submissions                               the information at: http://www.fda.gov/               FDA’s final DESI determination
                                                 Submit written/paper submissions as                  regulatoryinformation/dockets/                        classifies a drug product as lacking
                                              follows:                                                default.htm.                                          substantial evidence of effectiveness for
                                                 • Mail/Hand delivery/Courier (for                       Docket: For access to the docket to                one or more indications, that drug
                                              written/paper submissions): Division of                 read background documents or the                      product and those IRS to it may no
                                              Dockets Management (HFA–305), Food                      electronic and written/paper comments                 longer be marketed for such indications
                                              and Drug Administration, 5630 Fishers                   received, go to http://                               and are subject to enforcement action as
                                              Lane, Rm. 1061, Rockville, MD 20852.                    www.regulations.gov and insert the                    unapproved new drugs. If FDA’s final
                                                 • For written/paper comments                         docket number, found in brackets in the               DESI determination classifies the drug
                                              submitted to the Division of Dockets                    heading of this document, into the                    product as effective for one or more of
                                              Management, FDA will post your                          ‘‘Search’’ box and follow the prompts                 its labeled indications, the drug can be
                                                                                                      and/or go to the Division of Dockets
tkelley on DSK3SPTVN1PROD with NOTICES




                                              comment, as well as any attachments,                                                                          marketed for such indications, provided
                                              except for information submitted,                       Management, 5630 Fishers Lane, Rm.                    it is the subject of an application
                                              marked and identified, as confidential,                 1061, Rockville, MD 20852.                            approved for safety and effectiveness.
                                              if submitted as detailed in                             FOR FURTHER INFORMATION CONTACT:                      Sponsors of drug products that have
                                              ‘‘Instructions.’’                                       Barbara Wise, Center for Drug                         been found to be effective for one or
                                                 Instructions: All submissions received               Evaluation and Research, Food and                     more indications through the DESI
                                              must include the Docket No. FDA–                        Drug Administration, 10903 New                        process may rely on FDA’s effectiveness


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                                              70824                      Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices

                                              determinations, but typically must                      amended in October 1977, to extend the                that were the subject of the 1999 notice
                                              update their labeling to conform to the                 deadlines for submission of data and                  of opportunity for a hearing.
                                              indication(s) found to be effective by                  applications required for the coronary                   There are no longer outstanding
                                              FDA and include any additional safety                   vasodilator products, and to announce                 hearing requests for nitroglycerin drug
                                              information required by FDA. Those                      the availability of guidelines for                    products in transdermal systems under
                                              drug products with NDAs approved                        alternative methods of determining                    this docket. Therefore, as proposed in
                                              before 1962 for safety therefore require                bioavailability for these products (42 FR             the March 1999 notice of opportunity
                                              approved supplements to their original                  56156, October 21, 1977). Controlled-                 for hearing, FDA finds that the
                                              applications if one or more indications                 release transdermal nitroglycerin                     following applications lack substantial
                                              are found to be effective under DESI;                   patches were included among the types                 evidence of effectiveness and hereby
                                              IRS drug products require an approved                   of drugs permitted to remain on the                   withdraws approval of the applications
                                              NDA or ANDA, as appropriate.                            market pending completion of efficacy                 under section 505(e) of the FD&C Act
                                              Furthermore, labeling for drug products                 studies based on their similarity to                  (21 U.S.C. 355): ANDA 88–727,
                                              classified as effective may contain only                nitroglycerin ointment products (58 FR                DEPONIT (release rate of 0.2 mg of
                                              those indications for which the review                  38129 at 38130, July 15, 1993).                       nitroglycerin per hour), held by
                                              found the product effective unless the                     In July 1993, FDA revoked the                      Schwarz Pharma; ANDA 89–022,
                                              firm marketing the product has received                 temporary exemption for single-entity                 DEPONIT (release rate of 0.4 mg of
                                              an approval for the additional                          coronary vasodilator products                         nitroglycerin per hour), held by
                                              indication(s).                                          containing nitroglycerin in a                         Schwarz Pharma; and NDA 20–146,
                                                                                                      transdermal delivery system, which had                NITRODISC, held by G.D. Searle & Co.
                                              II. Final Resolution of Hearing Requests                allowed the products to stay on the                   Shipment in interstate commerce of any
                                              Regarding Nitroglycerin Transdermal                     market beyond the time limit scheduled                nitroglycerin drug product in a
                                              Systems Under Docket No. FDA–1977–                      for the implementation of DESI (58 FR                 transdermal system identified in this
                                              N–0356 (formerly 77N–0240); DESI                        38129). FDA found the products to be                  docket, or any IRS product, that is not
                                              1786                                                    effective for prevention of angina                    the subject of an approved NDA or
                                                 In a Federal Register notice published               pectoris caused by coronary artery                    ANDA is unlawful as of the effective
                                              in February 1972, FDA announced its                     disease, and required sponsors to                     date of this notice (see DATES). Any
                                              evaluation of reports received from                     submit bioavailability/bioequivalence                 person who wishes to determine
                                              NAS/NRC regarding certain single-                       studies within 1 year (see 58 FR 38129                whether a specific product is covered by
                                              entity coronary vasodilators, including                 at 38130 to 38131). In March 1999, FDA                this notice should write to Barbara Wise
                                              controlled-release nitroglycerin tablets,               reclassified one NDA and five ANDAs                   at the Center for Drug Evaluation and
                                              for indications relating to the                         for nitroglycerin transdermal systems to              Research (see FOR FURTHER INFORMATION
                                              management, prophylaxis, and                            lacking substantial evidence of                       CONTACT). Firms should be aware that,
                                              treatment of angina attacks (37 FR 4001,                effectiveness, based on the sponsors’                 after the effective date of this notice (see
                                              February 25, 1972). In a Federal                        failure to submit the required                        DATES), FDA intends to take
                                              Register notice published in December                   bioavailability/bioequivalence data (64               enforcement action without further
                                              1972, FDA temporarily exempted                          FR 14451, March 25, 1999). In the                     notice against any firm that
                                              specified single-entity coronary                        March 1999 notice, FDA proposed to                    manufactures or ships in interstate
                                              vasodilators covered by DESI from the                   withdraw approval of the applications                 commerce any unapproved product
                                              time limits established for completing                  and offered an opportunity for a hearing              covered by this notice.
                                              DESI (37 FR 26623 at 26624, December                    on the proposal to withdraw the
                                              14, 1972). The December 1972 notice                                                                           III. Discontinued Products
                                                                                                      applications.
                                              did not initially include controlled-                      In response to the March 1999 notice,                 Firms must notify the Agency of
                                              release forms of the drugs, but a notice                Schwarz Pharma, Inc. (Schwarz                         certain product discontinuations in
                                              published in July 1973 allowed the case-                Pharma), now a subsidiary of UCB, S.A.,               writing under section 506C(a) of the
                                              by-case addition of controlled-release                  which was the sponsor of two of the five              FD&C Act (21 U.S.C. 356c). See http://
                                              dosage forms, pending the completion                    ANDAs, and Hercon Laboratories Corp.                  www.fda.gov/Drugs/DrugSafety/
                                              of scientific studies that showed a drug                (Hercon), which was the sponsor of the                DrugShortages/ucm142398.htm. Some
                                              was released in a defined manner which                  remaining three ANDAs, requested                      firms may have previously discontinued
                                              would permit well-controlled clinical                   hearings.1 G.D. Searle & Co., which was               manufacturing or distributing products
                                              trials to determine effectiveness (38 FR                the sponsor of the identified NDA, did                covered by this notice without
                                              18477, 18478, July 11, 1973; corrected                  not submit a hearing request.                         discontinuing the listing as required
                                              by 38 FR 19920, July 25, 1973).                            At the request of Hercon, in the                   under section 510(j) of the FD&C Act (21
                                                 The December 1972 notice was                         Federal Register of March 4, 2005 (70                 U.S.C. 360(j)). Other firms may
                                              amended again in August 1977, to                        FR 10651 at 10656), FDA withdrew                      discontinue manufacturing or
                                              announce the addition of controlled-                    approval of Hercon’s three ANDAs that                 distributing listed products in response
                                              release forms of specified coronary                     were the subject of the 1999 notice of                to this notice. All firms are required to
                                              vasodilators, and the availability of                   opportunity for a hearing. On January                 electronically update the listing of their
                                              guidelines and methods for determining                  10, 2011, FDA sent a letter to Hercon to              products under section 510(j) of the
                                              the bioavailability of coronary                         determine whether it remained                         FD&C Act to reflect discontinuation of
                                              vasodilators (42 FR 43127, August 26,                   interested in pursuing its hearing                    unapproved products covered by this
                                              1977). The August 1977 notice                           request. On February 9, 2011, Hercon                  notice (21 CFR 207.21(b)). Questions on
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                                              specifically added nitroglycerin (topical               responded by withdrawing its hearing                  electronic drug listing updates should
                                              ointment forms, conventional oral                       request. On July 17, 2002, Schwarz                    be sent to eDRLS@fda.hhs.gov. In
                                              forms, and controlled release forms) to                 Pharma withdrew its hearing request                   addition to the required update, firms
                                              the list of drugs allowed to remain on                  and requested withdrawal of its ANDAs                 can also notify the Agency of product
                                              the market while efficacy studies were                                                                        discontinuation by sending a letter,
                                              conducted (42 FR 43127 at 43128). The                    1 The March 1999 notice incorrectly referred to      signed by the firm’s chief executive
                                              December 1972 notice was further                        Hercon as ‘‘Hercon Pharmaceutical Company, Inc.’’     officer and fully identifying the


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                                                                         Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices                                           70825

                                              discontinued product(s), including the                  1–800–741–8138 (301–443–0572 in the                   New Hampshire Ave., Silver Spring, MD
                                              product NDC number(s), and stating that                 Washington DC area), and follow the                   20993–0002, 1–877–287–1373 (choose
                                              the manufacturing and/or distribution of                prompts to the desired center or product              Option 5), FAX: 240–276–3655,
                                              the product(s) have been discontinued.                  area. Please call the Information Line for            TPSAC@fda.hhs.gov.
                                              The letter should be sent electronically                up-to-date information on this meeting.                 Information about becoming a
                                              to Barbara Wise (see FOR FURTHER                          Dated: November 9, 2015.
                                                                                                                                                            member on an FDA advisory committee
                                              INFORMATION CONTACT). FDA plans to                                                                            can also be obtained by visiting FDA’s
                                                                                                      Leslie Kux,
                                              rely on its existing records, including its                                                                   Web site by using the following link:
                                                                                                      Associate Commissioner for Policy.                    http://www.fda.gov/
                                              drug listing records, the results of any
                                                                                                      [FR Doc. 2015–28846 Filed 11–13–15; 8:45 am]          AdvisoryCommittees/default.htm.
                                              future inspections, or other available
                                              information, when it targets violative                  BILLING CODE 4164–01–P                                SUPPLEMENTARY INFORMATION: FDA is
                                              products for enforcement action.                                                                              requesting nominations for voting
                                                                                                                                                            members on the Tobacco Products
                                              IV. Reformulated Products                               DEPARTMENT OF HEALTH AND                              Scientific Advisory Committee.
                                                FDA cautions firms against                            HUMAN SERVICES
                                                                                                                                                            I. General Description of the Committee
                                              reformulating products into unapproved                  Food and Drug Administration                          Duties
                                              new drugs and marketing under the
                                              same name or substantially the same                     [Docket No. FDA–2009–N–0394]                             The Tobacco Products Scientific
                                              name (including a new name that                                                                               Advisory Committee (the Committee)
                                              contains the old name). Reformulated                    Request for Nominations for Voting                    advises the Commissioner of Food and
                                              products marketed under a name                          Members on a Public Advisory                          Drugs (the Commissioner) or designee in
                                              previously identified with a different                  Committee; Tobacco Products                           discharging responsibilities related to
                                              active ingredient or combinations of                    Scientific Advisory Committee                         the regulation of tobacco products. The
                                              active ingredients have the potential to                AGENCY:    Food and Drug Administration,              Committee reviews and evaluates safety,
                                              confuse health care practitioners and                   HHS.                                                  dependence, and health issues relating
                                              harm patients.                                                                                                to tobacco products and provides
                                                                                                      ACTION:   Notice.                                     appropriate advice, information, and
                                                Dated: November 9, 2015.
                                                                                                      SUMMARY:   The Food and Drug                          recommendations to the Commissioner.
                                              Leslie Kux,
                                                                                                      Administration (FDA) is requesting                    II. Criteria for Voting Members
                                              Associate Commissioner for Policy.
                                                                                                      nominations for voting members to
                                              [FR Doc. 2015–28853 Filed 11–13–15; 8:45 am]                                                                     The Committee consists of 12
                                                                                                      serve on the Tobacco Products Scientific
                                              BILLING CODE 4164–01–P                                                                                        members including the Chair. Members
                                                                                                      Advisory Committee, Office of Science,
                                                                                                                                                            and the Chair are selected by the
                                                                                                      Center for Tobacco Products.
                                                                                                         FDA seeks to include the views of                  Commissioner or designee from among
                                              DEPARTMENT OF HEALTH AND                                women and men, members of all racial                  individuals knowledgeable in the fields
                                              HUMAN SERVICES                                          and ethnic groups, and individuals with               of medicine, medical ethics, science, or
                                                                                                      and without disabilities on its advisory              technology involving the manufacture,
                                              Food and Drug Administration                                                                                  evaluation, or use of tobacco products.
                                                                                                      committees and, therefore encourages
                                              [Docket No. FDA–2015–N–0001]                            nominations of appropriately qualified                Almost all non-Federal members of this
                                                                                                      candidates from these groups.                         committee serve as Special Government
                                              Gastroenterology and Urology Devices                                                                          Employees. Members will be invited to
                                                                                                      DATES: Nominations received on or
                                              Panel of the Medical Devices Advisory                                                                         serve for terms of up to 4 years. The
                                                                                                      before January 15, 2016 will be given                 Committee includes nine technically
                                              Committee; Amendment of Notice
                                                                                                      first consideration for membership on                 qualified voting members, selected by
                                              AGENCY:    Food and Drug Administration,                the Tobacco Products Scientific                       the Commissioner or designee. The nine
                                              HHS.                                                    Advisory Committee. Nominations                       voting members include seven members
                                              ACTION:   Notice.                                       received after January 15, 2016 will be               who are physicians, dentists, scientists,
                                                                                                      considered for nomination to the                      or health care professionals practicing
                                              SUMMARY:   The Food and Drug                            committee as later vacancies occur.                   in the area of oncology, pulmonology,
                                              Administration (FDA) is canceling the                   ADDRESSES: All nominations for                        cardiology, toxicology, pharmacology,
                                              November 18, 2015, session and                          membership should be sent                             addiction, or any other relevant
                                              postponing the November 19, 2015,                       electronically by logging into the FDA                specialty. The nine voting members also
                                              session of the Gastroenterology and                     Advisory Committee Membership                         include one member who is an officer
                                              Urology Devices Panel meeting. The                      Nomination Portal: http://                            or employee of a state or local
                                              meeting was announced in the Federal                    www.accessdata.fda.gov/scripts/                       government or of the Federal
                                              Register of October 7, 2015 (80 FR                      FACTRSPortal/FACTRS/index.cfm or by                   Government, and one member who is a
                                              60686). The November 19, 2015, session                  mail to Advisory Committee Oversight                  representative of the general public.
                                              has been postponed due to the                           and Management Staff, Food and Drug
                                              cancellation of the November 18, 2015,                  Administration, 10903 New Hampshire                   III. Nomination Procedures
                                              meeting. Future meeting dates will be                   Ave., Bldg. 32, Rm. 5103, Silver Spring,                 Any interested person may nominate
                                              announced in the Federal Register.                      MD 20993–0002.                                        one or more qualified individuals for
                                              FOR FURTHER INFORMATION CONTACT:                        FOR FURTHER INFORMATION CONTACT:                      membership on the advisory committee.
tkelley on DSK3SPTVN1PROD with NOTICES




                                              Patricio Garcia, Center for Devices and                 Regarding all nomination questions for                Self-nominations are also accepted.
                                              Radiological Health, Food and Drug                      membership, the primary contact is:                   Nominations must include a current,
                                              Administration, 10903 New Hampshire                        Caryn Cohen, Office of Science,                    complete résumé or curriculum vitae for
                                              Ave., Bldg. 66, Rm. 1535, Silver Spring                 Center for Tobacco Products, Food and                 each nominee, including current
                                              MD 20993–0002, patricio.garcia@                         Drug Administration, Center for                       business address and/or home address,
                                              fda.hhs.gov, 301–796–6875, or FDA                       Tobacco Products, Document Control                    telephone number, and email address if
                                              Advisory Committee Information Line,                    Center, Building 71, Rm. G335, 10903                  available. Nominations must also


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Document Created: 2015-12-14 14:13:31
Document Modified: 2015-12-14 14:13:31
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.
ContactBarbara Wise, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5160, Silver Spring, MD 20993-0002, 301- 796-2089, email: [email protected]
FR Citation80 FR 70822 

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