81_FR_29366 81 FR 29275 - Over-the-Counter Monograph User Fees: Public Meeting; Request for Comments

81 FR 29275 - Over-the-Counter Monograph User Fees: Public Meeting; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 91 (May 11, 2016)

Page Range29275-29277
FR Document2016-11098

The Food and Drug Administration (FDA) is announcing a public meeting to gather stakeholder input on the potential development of a user-fee program for nonprescription (over-the-counter or OTC) monograph drugs. A user-fee program would provide funding to supplement congressional non-user-fee appropriations, and would support timely and efficient FDA review of the efficacy and safety of ingredients included in or proposed for inclusion in a monograph. FDA invites public comment on a potential OTC monograph user-fee program and also invites suggestions regarding the features such a user-fee program should include.

Federal Register, Volume 81 Issue 91 (Wednesday, May 11, 2016)
[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Notices]
[Pages 29275-29277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11098]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1092]


Over-the-Counter Monograph User Fees: Public Meeting; Request for 
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a public 
meeting to gather stakeholder input on the potential development of a 
user-fee program for nonprescription (over-the-counter or OTC) 
monograph drugs. A user-fee program would provide funding to supplement 
congressional non-user-fee appropriations, and would support timely and 
efficient FDA review of the efficacy and safety of ingredients included 
in or proposed for inclusion in a monograph. FDA invites public comment 
on a potential OTC monograph user-fee program and also invites 
suggestions regarding the features such a user-fee program should 
include.

DATES: The public meeting will be held on Friday, June 10, 2016, from 9 
a.m. to 5 p.m. EDT. However, depending on the level of public 
participation, the meeting may be extended or may end early.

ADDRESSES: The public meeting will be held at FDA's White Oak Campus, 
Bldg. 31 Conference Center, 10903 New Hampshire Ave., the Great Room 
(Rm. 1503A), Silver Spring, MD 20993-0002. Entrance for the public 
meeting participants (non-FDA employees) is through Building 1, where 
routine security check procedures will be performed. For parking and 
security information refer to http://www.fda.gov/aboutfda/workingatfda/buildingsandfacilities/whiteoakcampusinformation/ucm241740.htm.
    Comments: Regardless of participation at the public meeting, 
interested persons may submit electronic or written comments regarding 
this document. To provide adequate time for parties to submit comments 
before and after the public meeting, the docket will remain open 30 
days after the public meeting.
    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-1092 for ``Over-the-Counter Monograph User Fees: Public 
Meeting; Requests for Comments.'' 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://

[[Page 29276]]

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: Amy Bertha, Office of Executive 
Programs, Center for Drug Evaluation and Research, Food and Drug 
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20903-0002, 
301-796-1647, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public meeting to obtain input on a potential 
OTC monograph user-fee program. The Prescription Drug User Fee Act 
(PDUFA) and other FDA user-fee programs for medical products provide 
vital resources that have enabled more timely evaluation of the safety 
and efficacy of many prescription drugs, biologics and devices, with 
consequent benefits to public health through the expanded availability 
of products to treat and manage a wide variety of conditions. However, 
no user-fee program exists for hundreds of thousands of drug products 
marketed under OTC drug monographs. Millions of American consumers 
every year use monograph drug products to self-manage numerous 
conditions. The efficacy and safety of these drugs is important to 
public health, but FDA is critically under-resourced in this regulatory 
area.
    In the United States, OTC drugs are marketed in two different 
ways--under an approved marketing application (new drug application 
(NDA) or abbreviated new drug application (ANDA)) or under the OTC 
monograph system, which was set up to review the safety and efficacy of 
drug products that were marketed OTC in the United States prior to the 
current statutory NDA process. When sponsors submit marketing 
applications, FDA reviews these applications and approves those drugs 
that are found to be safe and effective under their proposed conditions 
of use with benefits that outweigh their risks. However, at the time of 
establishment of the statutory efficacy requirement, there were 
hundreds of thousands of OTC products on the market. Withdrawing all 
those products and requiring submission of a new drug application for 
each one was undesirable for public health, and would have resulted in 
an overwhelming number of individual applications for review. Instead, 
in 1972, FDA established the OTC drug review process. In that process, 
expert advisory review panels were established to evaluate evidence of 
safety and efficacy for ingredients in broad therapeutic classes of OTC 
drug products. These panels reviewed data submissions and provided 
reports to FDA. Those reports made recommendations regarding whether or 
not the ingredients were ``generally recognized as safe and effective 
(GRASE)'' for use in self-treatment. The review panels also reviewed 
claims and recommended appropriate labeling. Based on the panels' 
reviews, FDA published in the Federal Register advanced notices of 
proposed rulemaking and, after additional Agency review and public 
comment, tentative final monographs. Subsequently, final regulations in 
the form of individual drug monographs were established for various 
therapeutic areas; these monographs establish conditions of use under 
which ingredients are considered GRASE for inclusion in an OTC drug. 
Conditions of use can include, for example, indications for use, dosage 
form, and route of administration. Products that conform to all 
applicable regulations, including all aspects of the relevant 
monograph, will be GRASE and not misbranded if marketed without an 
approved marketing application. GRASE determinations were made, and 
monographs proposed and finalized, for many ingredients for many drug 
products. However, the process has not been completed for all 
ingredients, nor for all OTC conditions of use. In many cases, the data 
submitted to the advisory panels were inadequate for a final GRASE 
determination; these ingredients are referred to as ``Category III'' 
ingredients in OTC products. Many products containing Category III 
ingredients without a GRASE determination continue to be marketed. By 
contrast, ingredients with a final determination of ``not GRASE'' need 
an approved marketing application to be legally marketed.
    The OTC monograph drug review process remains one of the largest 
and most complex regulatory programs ever undertaken at FDA. There are 
approximately 88 simultaneous rulemakings in 26 broad therapeutic areas 
encompassing hundreds of thousands of products. There are approximately 
800 active ingredients for over 1,400 different therapeutic uses. FDA 
needs additional resources to work toward finalization of the monograph 
review process and to address safety issues in a more efficient and 
timely manner. Additional resources would also better enable the Agency 
to consider innovations for drug products containing monograph 
ingredients, such as the development of new dosage forms for 
ingredients under existing monographs.
    There are some important differences between marketing through 
approved applications and marketing under the monographs. NDAs and 
ANDAs are product-based; an application typically is submitted with 
data for a single drug product to be marketed by a single sponsor, and 
that application will be approved or not approved. By contrast, the 
monograph system is ingredient-based; numerous sponsors may make the 
same ingredient for the same use, and all may market drug products made 
with this ingredient as long as they comply with all applicable 
regulations, including the conditions of the monograph. Sponsors of 
monograph drugs are not required to seek FDA approval prior to 
marketing a product under the monograph. In addition, the monograph 
system, where ingredients are determined to be GRASE or not, is a 
public process. Data are submitted to public dockets, and anyone may 
provide input. By contrast, while FDA typically makes NDA information 
public after approval of a product, it generally cannot do so before.
    At this time, once a monograph has been established, additional 
rulemaking is required for changes to that monograph. FDA is working on 
multiple policy reforms to streamline and modernize the monograph 
system; those policy reforms are not the topic of this public meeting. 
Funds from other user-fee programs cannot be used to fund monograph 
activities, and FDA receives

[[Page 29277]]

very few resources that it can allocate to monograph review work.
    The potential benefits of additional resources from a monograph 
user-fee program include benefits to public health and sponsors of 
monograph drug products, such as the following:
     Ability to address safety issues of currently marketed 
products in an efficient and timely manner.
     Timely determination on the safety and efficacy of 
monograph ingredients under the conditions of the monograph, helping to 
assure appropriate marketing of thousands of nonprescription products 
used daily by U.S. consumers.
     Increased availability of certain monograph product 
innovations proposed by industry.
     Streamlined ability to update monographs to allow modern 
testing methods in several areas, potentially reducing the need for 
animal testing, and simplifying and speeding product development.
     Development of information technology infrastructure to 
speed numerous parts of the monograph review process, and enable a 
modern robust system for submission of materials and archiving of 
documents.
     Development of a modern, useful, and transparent FDA 
monograph Web site to provide the public and industry with access to 
important information.
     Ability to hold more public meetings on important 
monograph issues.
     Increased ability of FDA to respond to monograph-related 
concerns and questions from the public and industry.
     Establishment of additional infrastructure for the 
efficient continued conduct of monograph activities in the longer term.

II. Purpose of Public Meeting

    The purpose of the meeting is to obtain input from industry and 
other interested stakeholders regarding a potential OTC monograph user-
fee program. There are several factors that FDA considers important in 
developing a user-fee program. First, to achieve a program's goals of 
efficient and timely oversight of a category of products, FDA must be 
able to rely on a stable and predictable source of adequate funding. 
Funding sources that result in unpredictable revenue cause uncertainty 
about FDA's ability to continue supporting activities over time which 
disrupts the Agency's regulatory operations and contributes to 
difficulties in conducting long-range planning. Second, the assessment 
of fees can create certain incentives or disincentives for the activity 
that is the subject of the fee. For example, a sponsor who currently 
has an unmarketed product has an incentive to pay a fee to seek FDA 
approval to market the product. However, once the product is approved 
and marketed, there is less incentive to pay a fee for additional 
specific activities regarding the product that are otherwise not 
required. If those activities are important from a public health 
perspective, assessing a fee for them would be undesirable because the 
fee could discourage entities to undertake those activities. With these 
considerations in mind, FDA seeks input on the following questions and 
welcomes any other relevant information the public would like to share.
     What types of user fees (e.g. product listing fees, 
facility fees, application fees, other types of fees) might be 
appropriate for a potential monograph user-fee program? Consider the 
following in your answer:
    [cir] For monograph products (unlike for products currently covered 
by user-fee programs), premarket applications are not generally 
submitted, and thus the approach regarding application-based fees might 
be expected to be different for a monograph user fee program compared 
to other user fee programs.
    [cir] Desirable industry activities or behavior that might be 
discouraged by the assessment of fees.
    [cir] The stability and predictability of the funding provided by 
the user-fee type.
     In conjunction with receiving user fees, FDA typically 
commits to certain performance goals related to the Agency's activities 
with respect to the relevant products. What types of performance goals 
might be important to consider from a public health and sponsor 
perspective? What parameters could be measured to gauge the success of 
a user-fee program?

III. Meeting Attendance and Participation

    The public meeting is free and seating will be on a first-come, 
first-served basis. FDA is seeking participation (i.e., attendance and 
oral presentations) at the public meeting by all interested parties. In 
general the meeting format may include, but will not be limited to, 
presentations by FDA staff, scientific and academic experts, health 
care professionals, representatives of patient and consumer advocacy 
groups, and representatives of the OTC monograph industry. If you wish 
to attend the public meeting either in person or by viewing the web 
cast, FDA asks that you please register through Eventbrite by Tuesday, 
May 31, 2016, in order for FDA to estimate the number of attendees 
(https://www.eventbrite.com/e/over-the-counter-monograph-user-fees-public-meeting-tickets-21565448838).
    If you wish to make an oral presentation at the public meeting, you 
must register through Eventbrite by Tuesday, May 31, 2016 (https://www.eventbrite.com/e/over-the-counter-monograph-user-fees-public-meeting-tickets-21565448838). FDA encourages individuals and 
organizations with common interests to coordinate and give a joint, 
consolidated presentation. FDA will try to accommodate all persons who 
wish to make a presentation; however, FDA may limit both the number of 
participants from individual organizations and the total number of 
attendees based on space and time limitations. FDA will notify 
registered presenters of their scheduled presentation times. Persons 
registered to speak should check in before the meeting and are 
encouraged to arrive early to ensure their designated order of 
presentation. Participants who are not present when called may not be 
permitted to speak at a later time. FDA will post an agenda of the 
public meeting and other background material at least 3 days before the 
public meeting and additional information will be available at: http://www.fda.gov/Drugs/NewsEvents/ucm499390.htm.
    This public meeting will be web cast and the URL will be posted at 
http://www.fda.gov/Drugs/NewsEvents/ucm499390.htm at least 1 day before 
the meeting. A video record of the public meeting will be available at 
the same Web site address for 1 year. If you need special 
accommodations because of disability, please contact Amy Bertha (see 
FOR FURTHER INFORMATION CONTACT) no later than Friday, May 27, 2016.

IV. Transcripts

    Please be advised that as soon as a transcript is available, it 
will be accessible at http://www.regulations.gov. It may be viewed at 
the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD. A 
transcript will also be available in either hardcopy or on CD-ROM after 
submission of a Freedom of Information request. The Freedom of 
Information office address is available on the Agency's Web site at 
http://www.fda.gov.

    Dated: May 5, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-11098 Filed 5-10-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                         Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices                                                                                               29275

                                                                                                   TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                           Number of                                                Average
                                                                                                                                                Number of                                            Total annual
                                                   FD&C Act sections 512 (b)(2) and (n)(1)                            FDA Form                                           responses per                                            burden per              Total hours
                                                                                                                                               respondents                                            responses
                                                                                                                                                                           respondent                                              response

                                                  Phased Review with Administrative
                                                    ANADA .................................................                        356v                             3                         5                         15                     31.8                477

                                                        Total ..................................................   ........................   ........................   ........................   ........................   ........................          3,339
                                                     1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                    We base our estimates on our                                           features such a user-fee program should                                      identifies you in the body of your
                                                  experience with ANADA submissions                                        include.                                                                     comments, that information will be
                                                  and requests for phased review. We                                       DATES: The public meeting will be held                                       posted on http://www.regulations.gov.
                                                  estimate that we will receive 21 ANADA                                   on Friday, June 10, 2016, from 9 a.m. to                                       • If you want to submit a comment
                                                  submissions per year over the next three                                 5 p.m. EDT. However, depending on the                                        with confidential information that you
                                                  years and that three of those                                            level of public participation, the                                           do not wish to be made available to the
                                                  submissions will request phased review.                                  meeting may be extended or may end                                           public submit the comment as a written/
                                                  We estimate that each applicant that                                     early.                                                                       paper submission and in the manner
                                                  uses the phased review process will                                                                                                                   detailed (see ‘‘Written/Paper
                                                                                                                           ADDRESSES: The public meeting will be
                                                  have approximately five phased reviews                                                                                                                Submissions’’ and ‘‘Instructions’’).
                                                                                                                           held at FDA’s White Oak Campus, Bldg.
                                                  per application. We estimate that an                                     31 Conference Center, 10903 New                                              Written/Paper Submissions
                                                  applicant will take approximately 159                                    Hampshire Ave., the Great Room (Rm.
                                                  hours to prepare either an ANADA or                                                                                                                      Submit written/paper submissions as
                                                                                                                           1503A), Silver Spring, MD 20993–0002.                                        follows:
                                                  the estimated 5 ANADA phased review                                      Entrance for the public meeting                                                 • Mail/Hand delivery/Courier (for
                                                  submissions and the administrative                                       participants (non-FDA employees) is                                          written/paper submissions): Division of
                                                  ANADA.                                                                   through Building 1, where routine                                            Dockets Management (HFA–305), Food
                                                    Dated: May 5, 2016.                                                    security check procedures will be                                            and Drug Administration, 5630 Fishers
                                                  Leslie Kux,                                                              performed. For parking and security                                          Lane, Rm. 1061, Rockville, MD 20852.
                                                  Associate Commissioner for Policy.                                       information refer to http://www.fda.gov/                                        • For written/paper comments
                                                  [FR Doc. 2016–11114 Filed 5–10–16; 8:45 am]                              aboutfda/workingatfda/                                                       submitted to the Division of Dockets
                                                  BILLING CODE 4164–01–P                                                   buildingsandfacilities/                                                      Management, FDA will post your
                                                                                                                           whiteoakcampusinformation/                                                   comment, as well as any attachments,
                                                                                                                           ucm241740.htm.                                                               except for information submitted,
                                                  DEPARTMENT OF HEALTH AND                                                   Comments: Regardless of                                                    marked and identified, as confidential,
                                                  HUMAN SERVICES                                                           participation at the public meeting,                                         if submitted as detailed in
                                                                                                                           interested persons may submit                                                ‘‘Instructions.’’
                                                  Food and Drug Administration                                             electronic or written comments                                                  Instructions: All submissions received
                                                                                                                           regarding this document. To provide                                          must include the Docket No. FDA–
                                                  [Docket No. FDA–2016–N–1092]                                             adequate time for parties to submit                                          2016–N–1092 for ‘‘Over-the-Counter
                                                                                                                           comments before and after the public                                         Monograph User Fees: Public Meeting;
                                                  Over-the-Counter Monograph User                                          meeting, the docket will remain open 30                                      Requests for Comments.’’ Received
                                                  Fees: Public Meeting; Request for                                        days after the public meeting.                                               comments will be placed in the docket
                                                  Comments                                                                   You may submit comments as                                                 and, except for those submitted as
                                                                                                                           follows:                                                                     ‘‘Confidential Submissions,’’ publicly
                                                  AGENCY:       Food and Drug Administration,                                                                                                           viewable at http://www.regulations.gov
                                                  HHS.                                                                     Electronic Submissions                                                       or at the Division of Dockets
                                                  ACTION: Notice of public meeting;                                          Submit electronic comments in the                                          Management between 9 a.m. and 4 p.m.,
                                                  request for comments.                                                    following way:                                                               Monday through Friday.
                                                                                                                             • Federal eRulemaking Portal: http://                                         • Confidential Submissions—To
                                                  SUMMARY:   The Food and Drug                                             www.regulations.gov. Follow the                                              submit a comment with confidential
                                                  Administration (FDA) is announcing a                                     instructions for submitting comments.                                        information that you do not wish to be
                                                  public meeting to gather stakeholder                                     Comments submitted electronically,                                           made publicly available submit your
                                                  input on the potential development of a                                  including attachments, to http://                                            comments only as a written/paper
                                                  user-fee program for nonprescription                                     www.regulations.gov will be posted to                                        submission. You should submit two
                                                  (over-the-counter or OTC) monograph                                      the docket unchanged. Because your                                           copies total. One copy will include the
                                                  drugs. A user-fee program would                                          comment will be made public, you are                                         information you claim to be confidential
                                                  provide funding to supplement                                            solely responsible for ensuring that your                                    with a heading or cover note that states
                                                  congressional non-user-fee                                               comment does not include any                                                 ‘‘THIS DOCUMENT CONTAINS
                                                  appropriations, and would support                                        confidential information that you or a                                       CONFIDENTIAL INFORMATION.’’ The
mstockstill on DSK3G9T082PROD with NOTICES




                                                  timely and efficient FDA review of the                                   third party may not wish to be posted,                                       Agency will review this copy, including
                                                  efficacy and safety of ingredients                                       such as medical information, your or                                         the claimed confidential information, in
                                                  included in or proposed for inclusion in                                 anyone else’s Social Security number, or                                     its consideration of comments. The
                                                  a monograph. FDA invites public                                          confidential business information, such                                      second copy, which will have the
                                                  comment on a potential OTC                                               as a manufacturing process. Please note                                      claimed confidential information
                                                  monograph user-fee program and also                                      that if you include your name, contact                                       redacted/blacked out, will be available
                                                  invites suggestions regarding the                                        information, or other information that                                       for public viewing and posted on http://


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                                                  29276                        Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices

                                                  www.regulations.gov. Submit both                        an approved marketing application (new                are referred to as ‘‘Category III’’
                                                  copies to the Division of Dockets                       drug application (NDA) or abbreviated                 ingredients in OTC products. Many
                                                  Management. If you do not wish your                     new drug application (ANDA)) or under                 products containing Category III
                                                  name and contact information to be                      the OTC monograph system, which was                   ingredients without a GRASE
                                                  made publicly available, you can                        set up to review the safety and efficacy              determination continue to be marketed.
                                                  provide this information on the cover                   of drug products that were marketed                   By contrast, ingredients with a final
                                                  sheet and not in the body of your                       OTC in the United States prior to the                 determination of ‘‘not GRASE’’ need an
                                                  comments and you must identify this                     current statutory NDA process. When                   approved marketing application to be
                                                  information as ‘‘confidential.’’ Any                    sponsors submit marketing applications,               legally marketed.
                                                  information marked as ‘‘confidential’’                  FDA reviews these applications and                       The OTC monograph drug review
                                                  will not be disclosed except in                         approves those drugs that are found to                process remains one of the largest and
                                                  accordance with 21 CFR 10.20 and other                  be safe and effective under their                     most complex regulatory programs ever
                                                  applicable disclosure law. For more                     proposed conditions of use with                       undertaken at FDA. There are
                                                  information about FDA’s posting of                      benefits that outweigh their risks.                   approximately 88 simultaneous
                                                  comments to public dockets, see 80 FR                   However, at the time of establishment of              rulemakings in 26 broad therapeutic
                                                  56469, September 18, 2015, or access                    the statutory efficacy requirement, there             areas encompassing hundreds of
                                                  the information at: http://www.fda.gov/                 were hundreds of thousands of OTC                     thousands of products. There are
                                                  regulatoryinformation/dockets/                          products on the market. Withdrawing                   approximately 800 active ingredients for
                                                  default.htm.                                            all those products and requiring                      over 1,400 different therapeutic uses.
                                                     Docket: For access to the docket to                  submission of a new drug application                  FDA needs additional resources to work
                                                  read background documents or the                        for each one was undesirable for public               toward finalization of the monograph
                                                  electronic and written/paper comments                   health, and would have resulted in an                 review process and to address safety
                                                  received, go to http://                                 overwhelming number of individual                     issues in a more efficient and timely
                                                  www.regulations.gov and insert the                      applications for review. Instead, in                  manner. Additional resources would
                                                  docket number, found in brackets in the                 1972, FDA established the OTC drug                    also better enable the Agency to
                                                  heading of this document, into the                      review process. In that process, expert               consider innovations for drug products
                                                  ‘‘Search’’ box and follow the prompts                   advisory review panels were established               containing monograph ingredients, such
                                                  and/or go to the Division of Dockets                    to evaluate evidence of safety and                    as the development of new dosage forms
                                                  Management, 5630 Fishers Lane, Rm.                      efficacy for ingredients in broad                     for ingredients under existing
                                                  1061, Rockville, MD 20852.                              therapeutic classes of OTC drug                       monographs.
                                                  FOR FURTHER INFORMATION CONTACT:                        products. These panels reviewed data                     There are some important differences
                                                  Amy Bertha, Office of Executive                         submissions and provided reports to                   between marketing through approved
                                                  Programs, Center for Drug Evaluation                    FDA. Those reports made                               applications and marketing under the
                                                  and Research, Food and Drug                             recommendations regarding whether or                  monographs. NDAs and ANDAs are
                                                  Administration, 10903 New Hampshire                     not the ingredients were ‘‘generally                  product-based; an application typically
                                                  Ave., Silver Spring, MD 20903–0002,                     recognized as safe and effective                      is submitted with data for a single drug
                                                  301–796–1647, email:                                    (GRASE)’’ for use in self-treatment. The              product to be marketed by a single
                                                  OTCMonographUserFeeProgram@                             review panels also reviewed claims and                sponsor, and that application will be
                                                  fda.hhs.gov.                                            recommended appropriate labeling.                     approved or not approved. By contrast,
                                                  SUPPLEMENTARY INFORMATION:                              Based on the panels’ reviews, FDA                     the monograph system is ingredient-
                                                                                                          published in the Federal Register                     based; numerous sponsors may make
                                                  I. Background                                           advanced notices of proposed                          the same ingredient for the same use,
                                                     FDA is announcing a public meeting                   rulemaking and, after additional Agency               and all may market drug products made
                                                  to obtain input on a potential OTC                      review and public comment, tentative                  with this ingredient as long as they
                                                  monograph user-fee program. The                         final monographs. Subsequently, final                 comply with all applicable regulations,
                                                  Prescription Drug User Fee Act                          regulations in the form of individual                 including the conditions of the
                                                  (PDUFA) and other FDA user-fee                          drug monographs were established for                  monograph. Sponsors of monograph
                                                  programs for medical products provide                   various therapeutic areas; these                      drugs are not required to seek FDA
                                                  vital resources that have enabled more                  monographs establish conditions of use                approval prior to marketing a product
                                                  timely evaluation of the safety and                     under which ingredients are considered                under the monograph. In addition, the
                                                  efficacy of many prescription drugs,                    GRASE for inclusion in an OTC drug.                   monograph system, where ingredients
                                                  biologics and devices, with consequent                  Conditions of use can include, for                    are determined to be GRASE or not, is
                                                  benefits to public health through the                   example, indications for use, dosage                  a public process. Data are submitted to
                                                  expanded availability of products to                    form, and route of administration.                    public dockets, and anyone may provide
                                                  treat and manage a wide variety of                      Products that conform to all applicable               input. By contrast, while FDA typically
                                                  conditions. However, no user-fee                        regulations, including all aspects of the             makes NDA information public after
                                                  program exists for hundreds of                          relevant monograph, will be GRASE and                 approval of a product, it generally
                                                  thousands of drug products marketed                     not misbranded if marketed without an                 cannot do so before.
                                                  under OTC drug monographs. Millions                     approved marketing application. GRASE                    At this time, once a monograph has
                                                  of American consumers every year use                    determinations were made, and                         been established, additional rulemaking
                                                  monograph drug products to self-                        monographs proposed and finalized, for                is required for changes to that
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                                                  manage numerous conditions. The                         many ingredients for many drug                        monograph. FDA is working on multiple
                                                  efficacy and safety of these drugs is                   products. However, the process has not                policy reforms to streamline and
                                                  important to public health, but FDA is                  been completed for all ingredients, nor               modernize the monograph system; those
                                                  critically under-resourced in this                      for all OTC conditions of use. In many                policy reforms are not the topic of this
                                                  regulatory area.                                        cases, the data submitted to the advisory             public meeting. Funds from other user-
                                                     In the United States, OTC drugs are                  panels were inadequate for a final                    fee programs cannot be used to fund
                                                  marketed in two different ways—under                    GRASE determination; these ingredients                monograph activities, and FDA receives


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                                                                               Federal Register / Vol. 81, No. 91 / Wednesday, May 11, 2016 / Notices                                                   29277

                                                  very few resources that it can allocate to              sponsor who currently has an                          FDA to estimate the number of
                                                  monograph review work.                                  unmarketed product has an incentive to                attendees (https://www.eventbrite.com/
                                                     The potential benefits of additional                 pay a fee to seek FDA approval to                     e/over-the-counter-monograph-user-
                                                  resources from a monograph user-fee                     market the product. However, once the                 fees-public-meeting-tickets-
                                                  program include benefits to public                      product is approved and marketed,                     21565448838).
                                                  health and sponsors of monograph drug                   there is less incentive to pay a fee for                 If you wish to make an oral
                                                  products, such as the following:                        additional specific activities regarding              presentation at the public meeting, you
                                                     • Ability to address safety issues of                the product that are otherwise not                    must register through Eventbrite by
                                                  currently marketed products in an                       required. If those activities are                     Tuesday, May 31, 2016 (https://
                                                  efficient and timely manner.                            important from a public health                        www.eventbrite.com/e/over-the-counter-
                                                     • Timely determination on the safety                 perspective, assessing a fee for them                 monograph-user-fees-public-meeting-
                                                  and efficacy of monograph ingredients                   would be undesirable because the fee                  tickets-21565448838). FDA encourages
                                                  under the conditions of the monograph,                  could discourage entities to undertake                individuals and organizations with
                                                  helping to assure appropriate marketing                 those activities. With these                          common interests to coordinate and give
                                                  of thousands of nonprescription                         considerations in mind, FDA seeks                     a joint, consolidated presentation. FDA
                                                  products used daily by U.S. consumers.                  input on the following questions and                  will try to accommodate all persons
                                                     • Increased availability of certain                  welcomes any other relevant                           who wish to make a presentation;
                                                  monograph product innovations                           information the public would like to                  however, FDA may limit both the
                                                  proposed by industry.                                   share.                                                number of participants from individual
                                                     • Streamlined ability to update                         • What types of user fees (e.g. product            organizations and the total number of
                                                  monographs to allow modern testing                      listing fees, facility fees, application              attendees based on space and time
                                                  methods in several areas, potentially                   fees, other types of fees) might be                   limitations. FDA will notify registered
                                                  reducing the need for animal testing,                   appropriate for a potential monograph                 presenters of their scheduled
                                                  and simplifying and speeding product                    user-fee program? Consider the                        presentation times. Persons registered to
                                                  development.                                            following in your answer:                             speak should check in before the
                                                     • Development of information                            Æ For monograph products (unlike for               meeting and are encouraged to arrive
                                                  technology infrastructure to speed                      products currently covered by user-fee                early to ensure their designated order of
                                                  numerous parts of the monograph                         programs), premarket applications are                 presentation. Participants who are not
                                                  review process, and enable a modern                     not generally submitted, and thus the                 present when called may not be
                                                  robust system for submission of                         approach regarding application-based                  permitted to speak at a later time. FDA
                                                  materials and archiving of documents.                   fees might be expected to be different                will post an agenda of the public
                                                     • Development of a modern, useful,                   for a monograph user fee program                      meeting and other background material
                                                  and transparent FDA monograph Web                       compared to other user fee programs.                  at least 3 days before the public meeting
                                                  site to provide the public and industry                    Æ Desirable industry activities or                 and additional information will be
                                                  with access to important information.                   behavior that might be discouraged by                 available at: http://www.fda.gov/Drugs/
                                                     • Ability to hold more public                        the assessment of fees.                               NewsEvents/ucm499390.htm.
                                                  meetings on important monograph                            Æ The stability and predictability of                 This public meeting will be web cast
                                                  issues.                                                 the funding provided by the user-fee                  and the URL will be posted at http://
                                                     • Increased ability of FDA to respond                type.                                                 www.fda.gov/Drugs/NewsEvents/
                                                  to monograph-related concerns and                          • In conjunction with receiving user               ucm499390.htm at least 1 day before the
                                                  questions from the public and industry.                 fees, FDA typically commits to certain                meeting. A video record of the public
                                                     • Establishment of additional                        performance goals related to the                      meeting will be available at the same
                                                  infrastructure for the efficient continued              Agency’s activities with respect to the               Web site address for 1 year. If you need
                                                  conduct of monograph activities in the                  relevant products. What types of                      special accommodations because of
                                                  longer term.                                            performance goals might be important to               disability, please contact Amy Bertha
                                                                                                          consider from a public health and                     (see FOR FURTHER INFORMATION CONTACT)
                                                  II. Purpose of Public Meeting
                                                                                                          sponsor perspective? What parameters                  no later than Friday, May 27, 2016.
                                                     The purpose of the meeting is to                     could be measured to gauge the success
                                                  obtain input from industry and other                    of a user-fee program?                                IV. Transcripts
                                                  interested stakeholders regarding a                                                                              Please be advised that as soon as a
                                                  potential OTC monograph user-fee                        III. Meeting Attendance and
                                                                                                          Participation                                         transcript is available, it will be
                                                  program. There are several factors that                                                                       accessible at http://
                                                  FDA considers important in developing                      The public meeting is free and seating             www.regulations.gov. It may be viewed
                                                  a user-fee program. First, to achieve a                 will be on a first-come, first-served                 at the Division of Dockets Management
                                                  program’s goals of efficient and timely                 basis. FDA is seeking participation (i.e.,            (HFA–305), Food and Drug
                                                  oversight of a category of products, FDA                attendance and oral presentations) at the             Administration, 5630 Fishers Lane, Rm.
                                                  must be able to rely on a stable and                    public meeting by all interested parties.             1061, Rockville, MD. A transcript will
                                                  predictable source of adequate funding.                 In general the meeting format may                     also be available in either hardcopy or
                                                  Funding sources that result in                          include, but will not be limited to,                  on CD–ROM after submission of a
                                                  unpredictable revenue cause                             presentations by FDA staff, scientific                Freedom of Information request. The
                                                  uncertainty about FDA’s ability to                      and academic experts, health care                     Freedom of Information office address is
                                                  continue supporting activities over time                professionals, representatives of patient
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                                                                                                                                                                available on the Agency’s Web site at
                                                  which disrupts the Agency’s regulatory                  and consumer advocacy groups, and                     http://www.fda.gov.
                                                  operations and contributes to                           representatives of the OTC monograph
                                                  difficulties in conducting long-range                   industry. If you wish to attend the                     Dated: May 5, 2016.
                                                  planning. Second, the assessment of fees                public meeting either in person or by                 Leslie Kux,
                                                  can create certain incentives or                        viewing the web cast, FDA asks that you               Associate Commissioner for Policy.
                                                  disincentives for the activity that is the              please register through Eventbrite by                 [FR Doc. 2016–11098 Filed 5–10–16; 8:45 am]
                                                  subject of the fee. For example, a                      Tuesday, May 31, 2016, in order for                   BILLING CODE 4164–01–P




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Document Created: 2016-05-11 01:12:18
Document Modified: 2016-05-11 01:12:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of public meeting; request for comments.
DatesThe public meeting will be held on Friday, June 10, 2016, from 9 a.m. to 5 p.m. EDT. However, depending on the level of public participation, the meeting may be extended or may end early.
ContactAmy Bertha, Office of Executive Programs, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20903-0002, 301-796-1647, email: [email protected]
FR Citation81 FR 29275 

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