81_FR_13854 81 FR 13804 - Final Results of Study of Workload Volume and Full Costs Associated With Review of Biosimilar Biological Product Applications

81 FR 13804 - Final Results of Study of Workload Volume and Full Costs Associated With Review of Biosimilar Biological Product Applications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 50 (March 15, 2016)

Page Range13804-13805
FR Document2016-05720

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the final results of a study of the workload volume and full costs associated with the process for the review of biosimilar biological product applications (final report). This study was conducted by an independent consulting firm, and it fulfills FDA's statutory requirement under the first authorization of the Biosimilar User Fee Act of 2012 (BsUFA), which enables FDA to collect user fees for the review of biosimilar biological applications for fiscal years 2013 to 2017. This notice solicits comments on the final report.

Federal Register, Volume 81 Issue 50 (Tuesday, March 15, 2016)
[Federal Register Volume 81, Number 50 (Tuesday, March 15, 2016)]
[Notices]
[Pages 13804-13805]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05720]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0781]


Final Results of Study of Workload Volume and Full Costs 
Associated With Review of Biosimilar Biological Product Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the final results of a study of 
the workload volume and full costs associated with the process for the 
review of biosimilar biological product applications (final report). 
This study was conducted by an independent consulting firm, and it 
fulfills FDA's statutory requirement under the first authorization of 
the Biosimilar User Fee Act of 2012 (BsUFA), which enables FDA to 
collect user fees for the review of biosimilar biological applications 
for fiscal years 2013 to 2017. This notice solicits comments on the 
final report.

DATES: The report will be released on or before March 17, 2016. Submit 
either electronic or written comments on the final report by April 14, 
2016.

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-2016-N-0781 for ``Final Results of the Study of Workload Volume and 
Full Costs Associated With Review of Biosimilar Biological Product 
Applications.'' 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

[[Page 13805]]

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: Mark Ascione, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 1150, Silver Spring, MD 20993-0002, 301-
796-7652, FAX: 301-847-8443.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Patient Protection and Affordable Care Act of 2010 (Pub. L. 
111-148) amended the Public Health Service Act to create an abbreviated 
licensure pathway for biological products that are demonstrated to be 
``biosimilar'' to or ``interchangeable'' with an FDA-licensed 
biological product. The Federal Food, Drug, and Cosmetic Act (the FD&C 
Act), as amended by BsUFA (Title IV of the Food and Drug Administration 
Safety and Innovation Act, Pub. L. 112-114), authorizes FDA to assess 
and collect fees for biosimilar biological products from October 2012 
through September 2017. FDA uses these fees to expedite the review 
process for biosimilar biological products. Biosimilar biological 
products represent an important public health benefit, with the 
potential to offer life-saving or life-altering benefits at reduced 
cost to the patient. BsUFA facilitates the development of safe and 
effective biosimilar products for the American public.
    As part of BsUFA, FDA is required to contract with an independent 
accounting or consulting firm to study the workload volume and full 
costs associated with the process for the review of biosimilar 
biological product applications. This notice solicits comments on the 
final report. The final report is described in section 744I(d) of the 
FD&C Act (21 U.S.C. 379j-53(d)) (http://uscode.house.gov/view.xhtml?req=granuleid:U.S.C.-prelim-title21-section379j-53&num=0&edition=prelim), as amended by the Food and Drug 
Administration Safety and Innovation Act enacted in 2012 (http://www.thefederalregister.org/fdsys/pkg/PLAW-112publ144/pdf/PLAW-112publ144.pdf). (FDA 
has verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to change 
over time.)

II. Electronic Access

    The final report can be accessed at http://www.fda.gov/ForIndustry/UserFees/BiosimilarUserFeeActBsUFA/ucm459682.htm.

    Dated: March 9, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-05720 Filed 3-14-16; 8:45 am]
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                                                    13804                           Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices

                                                    Substances Prohibited From Use in                          distribute products that contain, or may              processes, and then to help inspection
                                                    Animal Food or Feed; Animal Proteins                       contain, protein derived from                         personnel confirm that the firm is
                                                    Prohibited in Ruminant Feed—21 CFR                         mammalian tissue, and feeds made from                 operating in compliance with the
                                                    589.2000(e)(1)(iv) OMB Control Number                      such products.                                        regulation. Inspection personnel will
                                                    0910–0339—Extension                                          Specifically, this regulation requires              evaluate the written procedure and
                                                                                                               renderers, feed manufacturers, and                    confirm it is being followed when they
                                                      This information collection was                          others involved in feed and feed                      are conducting an inspection.
                                                    established because epidemiological                        ingredient manufacturing and                            These written procedures must be
                                                    evidence gathered in the United                            distribution to maintain written                      maintained as long as the facility is
                                                    Kingdom suggested that bovine                              procedures specifying the cleanout                    operating in a manner that necessitates
                                                    spongiform encephalopathy (BSE), a                         procedures or other means, and                        the record, and if the facility makes
                                                    progressively degenerative central                         specifying the procedures for separating              changes to an applicable procedure or
                                                    nervous system disease, is spread to                       products that contain or may contain                  process the record must be updated.
                                                    ruminant animals by feeding protein                        protein derived from mammalian tissue                 Written procedures required by this
                                                    derived from ruminants infected with                       from all other protein products from the              section shall be made available for
                                                    BSE. This regulation places general                        time of receipt until the time of                     inspection and copying by FDA.
                                                    requirements on persons that                               shipment. These written procedures are                  FDA estimates the burden of this
                                                    manufacture, blend, process, and                           intended to help the firm formalize their             collection of information as follows:

                                                                                                 TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                   Number of                          Average
                                                                                                                                Number of                          Total annual
                                                                         21 CFR section; activity                                                 records per                        burden per    Total hours
                                                                                                                              recordkeepers                          records
                                                                                                                                                 recordkeeper                      recordkeeping

                                                    589.2000(e)(1)(iv); written procedures ................................        320                  1               320             14            4480
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      We base our estimate of the number                       authorization of the Biosimilar User Fee              public, submit the comment as a
                                                    of recordkeepers on inspectional data,                     Act of 2012 (BsUFA), which enables                    written/paper submission and in the
                                                    which reflect a decline in the number of                   FDA to collect user fees for the review               manner detailed (see ‘‘Written/Paper
                                                    recordkeepers. We attribute this decline                   of biosimilar biological applications for             Submissions’’ and ‘‘Instructions’’).
                                                    to a reduction in the number of firms                      fiscal years 2013 to 2017. This notice
                                                                                                                                                                     Written/Paper Submissions
                                                    handling animal protein for use in                         solicits comments on the final report.
                                                    animal feed.                                               DATES: The report will be released on or                 Submit written/paper submissions as
                                                      Dated: March 9, 2016.                                    before March 17, 2016. Submit either                  follows:
                                                                                                               electronic or written comments on the                    • Mail/Hand delivery/Courier (for
                                                    Leslie Kux,
                                                                                                               final report by April 14, 2016.                       written/paper submissions): Division of
                                                    Associate Commissioner for Policy.
                                                                                                               ADDRESSES: You may submit comments                    Dockets Management (HFA–305), Food
                                                    [FR Doc. 2016–05716 Filed 3–14–16; 8:45 am]                                                                      and Drug Administration, 5630 Fishers
                                                                                                               as follows:
                                                    BILLING CODE 4164–01–P                                                                                           Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                               Electronic Submissions                                   • For written/paper comments
                                                                                                                 Submit electronic comments in the                   submitted to the Division of Dockets
                                                    DEPARTMENT OF HEALTH AND                                                                                         Management, FDA will post your
                                                    HUMAN SERVICES                                             following way:
                                                                                                                 • Federal eRulemaking Portal: http://               comment, as well as any attachments,
                                                    Food and Drug Administration                               www.regulations.gov. Follow the                       except for information submitted,
                                                                                                               instructions for submitting comments.                 marked, and identified, as confidential,
                                                    [Docket No. FDA–2016–N–0781]                               Comments submitted electronically,                    if submitted as detailed in
                                                                                                               including attachments, to http://                     ‘‘Instructions.’’
                                                    Final Results of Study of Workload                         www.regulations.gov will be posted to                    Instructions: All submissions received
                                                    Volume and Full Costs Associated                           the docket unchanged. Because your                    must include the Docket No. FDA–
                                                    With Review of Biosimilar Biological                       comment will be made public, you are                  2016–N–0781 for ‘‘Final Results of the
                                                    Product Applications                                       solely responsible for ensuring that your             Study of Workload Volume and Full
                                                    AGENCY:      Food and Drug Administration,                 comment does not include any                          Costs Associated With Review of
                                                    HHS.                                                       confidential information that you or a                Biosimilar Biological Product
                                                    ACTION:    Notice; request for comments.                   third party may not wish to be posted,                Applications.’’ Received comments will
                                                                                                               such as medical information, your or                  be placed in the docket and, except for
                                                    SUMMARY:   The Food and Drug                               anyone else’s Social Security number, or              those submitted as ‘‘Confidential
                                                    Administration (FDA or Agency) is                          confidential business information, such               Submissions,’’ publicly viewable at
                                                    announcing an opportunity for public                       as a manufacturing process. Please note               http://www.regulations.gov or at the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    comment on the final results of a study                    that if you include your name, contact                Division of Dockets Management
                                                    of the workload volume and full costs                      information, or other information that                between 9 a.m. and 4 p.m., Monday
                                                    associated with the process for the                        identifies you in the body of your                    through Friday.
                                                    review of biosimilar biological product                    comments, that information will be                       • Confidential Submissions—To
                                                    applications (final report). This study                    posted on http://www.regulations.gov.                 submit a comment with confidential
                                                    was conducted by an independent                              • If you want to submit a comment                   information that you do not wish to be
                                                    consulting firm, and it fulfills FDA’s                     with confidential information that you                made publicly available, submit your
                                                    statutory requirement under the first                      do not wish to be made available to the               comments only as a written/paper


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                                                                                  Federal Register / Vol. 81, No. 50 / Tuesday, March 15, 2016 / Notices                                          13805

                                                    submission. You should submit two                       September 2017. FDA uses these fees to                Management and Budget (OMB) for
                                                    copies total. One copy will include the                 expedite the review process for                       review and approval. Comments
                                                    information you claim to be confidential                biosimilar biological products.                       submitted during the first public review
                                                    with a heading or cover note that states                Biosimilar biological products represent              of this ICR will be provided to OMB.
                                                    ‘‘THIS DOCUMENT CONTAINS                                an important public health benefit, with              OMB will accept further comments from
                                                    CONFIDENTIAL INFORMATION.’’ The                         the potential to offer life-saving or life-           the public during the review and
                                                    Agency will review this copy, including                 altering benefits at reduced cost to the              approval period.
                                                    the claimed confidential information, in                patient. BsUFA facilitates the                        DATES: Comments on this ICR should be
                                                    its consideration of comments. The                      development of safe and effective                     received no later than April 14, 2016.
                                                    second copy, which will have the                        biosimilar products for the American                  ADDRESSES: Submit your comments,
                                                    claimed confidential information                        public.                                               including the Information Collection
                                                    redacted/blacked out, will be available                    As part of BsUFA, FDA is required to               Request Title, to the desk officer for
                                                    for public viewing and posted on http://                contract with an independent                          HRSA, either by email to OIRA_
                                                    www.regulations.gov. Submit both                        accounting or consulting firm to study                submission@omb.eop.gov or by fax to
                                                    copies to the Division of Dockets                       the workload volume and full costs                    202–395–5806.
                                                    Management. If you do not wish your                     associated with the process for the                   FOR FURTHER INFORMATION CONTACT: To
                                                    name and contact information to be                      review of biosimilar biological product               request a copy of the clearance requests
                                                    made publicly available, you can                        applications. This notice solicits                    submitted to OMB for review, email the
                                                    provide this information on the cover                   comments on the final report. The final               HRSA Information Collection Clearance
                                                    sheet and not in the body of your                       report is described in section 744I(d) of             Officer at paperwork@hrsa.gov or call
                                                    comments and you must identify this                     the FD&C Act (21 U.S.C. 379j–53(d))                   (301) 443–1984.
                                                    information as ‘‘confidential.’’ Any                    (http://uscode.house.gov/
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    information marked as ‘‘confidential’’                  view.xhtml?req=granuleid:U.S.C.-
                                                                                                                                                                     Information Collection Request Title:
                                                    will not be disclosed except in                         prelim-title21-section379j-
                                                                                                                                                                  Maternal and Child Health Bureau
                                                    accordance with 21 CFR 10.20 and other                  53&num=0&edition=prelim), as
                                                                                                                                                                  Performance Measures for Discretionary
                                                    applicable disclosure law. For more                     amended by the Food and Drug
                                                                                                                                                                  Grants
                                                    information about FDA’s posting of                      Administration Safety and Innovation                     OMB No.: 0915–0298—Revision
                                                    comments to public dockets, see 80 FR                   Act enacted in 2012 (http://                             Abstract: The Maternal and Child
                                                    56469, September 18, 2015, or access                    www.gpo.gov/fdsys/pkg/PLAW-                           Health Bureau’s (MCHB) Discretionary
                                                    the information at: http://www.fda.gov/                 112publ144/pdf/PLAW-                                  Grant Information System (DGIS)
                                                    regulatoryinformation/dockets/                          112publ144.pdf). (FDA has verified the                electronically captures performance
                                                    default.htm.                                            Web site addresses, as of the date this               measure, program, financial, and
                                                       Docket: For access to the docket to                  document publishes in the Federal                     abstract data, and products and
                                                    read background documents or the                        Register, but Web sites are subject to                publications about these discretionary
                                                    electronic and written/paper comments                   change over time.)                                    grants from the grantees. The data
                                                    received, go to http://                                 II. Electronic Access                                 collected are used by MCHB project
                                                    www.regulations.gov and insert the                                                                            officers to monitor and assess grantee
                                                    docket number, found in brackets in the                    The final report can be accessed at
                                                                                                                                                                  performance as well as assist in
                                                    heading of this document, into the                      http://www.fda.gov/ForIndustry/
                                                                                                                                                                  monitoring and evaluating MCHB’s
                                                    ‘‘Search’’ box and follow the prompts                   UserFees/BiosimilarUserFeeActBsUFA/
                                                                                                                                                                  programs.
                                                    and/or go to the Division of Dockets                    ucm459682.htm.
                                                                                                                                                                     Need and Proposed Use of the
                                                    Management, 5630 Fishers Lane, Rm.                        Dated: March 9, 2016.                               Information: The Health Resources and
                                                    1061, Rockville, MD 20852.                              Leslie Kux,                                           Services Administration (HRSA)
                                                    FOR FURTHER INFORMATION CONTACT:                        Associate Commissioner for Policy.                    proposes to continue using reporting
                                                    Mark Ascione, Center for Drug                           [FR Doc. 2016–05720 Filed 3–14–16; 8:45 am]           requirements for grant programs
                                                    Evaluation and Research, Food and                       BILLING CODE 4164–01–P                                administered by MCHB, including
                                                    Drug Administration, 10903 New                                                                                national performance measures as
                                                    Hampshire Ave., Bldg. 51, Rm. 1150,                                                                           previously approved by OMB, and in
                                                    Silver Spring, MD 20993–0002, 301–                      DEPARTMENT OF HEALTH AND                              accordance with the ‘‘Government
                                                    796–7652, FAX: 301–847–8443.                            HUMAN SERVICES                                        Performance and Results Act (GPRA) of
                                                    SUPPLEMENTARY INFORMATION:                                                                                    1993’’ (Pub. L. 103–62). This Act
                                                                                                            Health Resources and Services                         requires the establishment of
                                                    I. Background                                           Administration                                        measurable goals for Federal Programs
                                                       The Patient Protection and Affordable                                                                      that can be reported as part of the
                                                    Care Act of 2010 (Pub. L. 111–148)                      Agency Information Collection                         budgetary process, thus linking funding
                                                    amended the Public Health Service Act                   Activities: Submission to OMB for                     decisions with performance.
                                                    to create an abbreviated licensure                      Review and Approval; Public Comment                   Performance measures for MCHB
                                                    pathway for biological products that are                Request                                               discretionary grants were initially
                                                    demonstrated to be ‘‘biosimilar’’ to or                 AGENCY: Health Resources and Services                 approved in January 2003. Approval
                                                    ‘‘interchangeable’’ with an FDA-                                                                              from OMB is being sought to continue
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Administration, HHS.
                                                    licensed biological product. The Federal                ACTION: Notice.                                       the use of performance measures for
                                                    Food, Drug, and Cosmetic Act (the                                                                             these grants. The revised performance
                                                    FD&C Act), as amended by BsUFA (Title                   SUMMARY:  In compliance with Section                  measures are categorized by population
                                                    IV of the Food and Drug Administration                  3507(a)(1)(D) of the Paperwork                        domains (Adolescent Health, Child
                                                    Safety and Innovation Act, Pub. L. 112–                 Reduction Act of 1995, the Health                     Health, Children with Special Health
                                                    114), authorizes FDA to assess and                      Resources and Services Administration                 Care Needs, Lifecourse/Crosscutting,
                                                    collect fees for biosimilar biological                  (HRSA) has submitted an Information                   Maternal/Women Health, and Perinatal/
                                                    products from October 2012 through                      Collection Request (ICR) to the Office of             Infant Health) consistent with Title V,


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Document Created: 2016-03-15 04:06:48
Document Modified: 2016-03-15 04:06:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesThe report will be released on or before March 17, 2016. Submit either electronic or written comments on the final report by April 14, 2016.
ContactMark Ascione, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1150, Silver Spring, MD 20993-0002, 301- 796-7652, FAX: 301-847-8443.
FR Citation81 FR 13804 

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