81_FR_53150 81 FR 52995 - New Animal Drug Applications; Contents of Notice of Opportunity for a Hearing; Correction

81 FR 52995 - New Animal Drug Applications; Contents of Notice of Opportunity for a Hearing; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 155 (August 11, 2016)

Page Range52995-52997
FR Document2016-18809

The Food and Drug Administration (FDA, the Agency, or we) is making technical corrections to its regulations for hearing procedures for denial of approval or withdrawal of approval of new animal drug applications. The Agency is taking this action to harmonize terminology and to improve the organization and clarity of the regulations.

Federal Register, Volume 81 Issue 155 (Thursday, August 11, 2016)
[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 52995-52997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18809]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 514

[Docket No. FDA-2016-N-1943]


New Animal Drug Applications; Contents of Notice of Opportunity 
for a Hearing; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; correcting amendments.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
making technical corrections to its regulations for hearing procedures 
for denial of approval or withdrawal of approval of new animal drug 
applications. The Agency is taking this action to harmonize terminology 
and to improve the organization and clarity of the regulations.

DATES: This rule is effective August 11, 2016.

ADDRESSES: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov and insert the 
docket number found in brackets in the heading of this final rule 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: Vernon Toelle, Center for Veterinary 
Medicine (HFV-234), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-5637, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Legal Authority
III. Effective Date
IV. Economic Analysis of Impacts
V. Analysis of Environmental Impact
VI. Paperwork Reduction Act of 1995
VII. Federalism

[[Page 52996]]

I. Background

    This regulation is intended to make technical amendments to Sec.  
514.200 (21 CFR 514.200) to harmonize the terminology with part 12 (21 
CFR part 12), as well as to update Sec.  514.200 in accordance with 
plain language principles to make it easier for the public to 
understand and follow.
    When the Agency issued procedural regulations for formal 
evidentiary public hearings, originally published in part 2 (21 CFR 
part 2) and later redesignated to part 12,\1\ we intended those 
provisions to apply to all formal evidentiary hearings on new product 
applications, including new animal drug applications. As explained in 
the proposed rule, once the specific provisions in 21 CFR parts 511 and 
514 relating to investigational and marketed new animal drugs were 
revised in the same way as their counterpart provisions relating to 
investigational and marketed new drugs, to refer to the new procedural 
provisions in part 2, the prior procedural provisions relating to 
hearings would be revoked.\2\
---------------------------------------------------------------------------

    \1\ See 41 FR 51706, November 23, 1976, and 42 FR 4680, January 
25, 1977.
    \2\ See 40 FR 40682 at 40716, September 3, 1975.
---------------------------------------------------------------------------

    Consequently, when part 12 was finalized, we revised the 
regulations specific to new animal drugs. These revisions included 
revoking certain provisions and revising 21 CFR 514.201 to state that 
hearings related to new animal drugs under section 512(d) and (e) of 
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 
360b(d) and (e)) shall be governed by part 12 of this chapter. However, 
when we made these revisions to part 514, we neglected to update Sec.  
514.200 to match the terminology used in part 12.
    Therefore, we are now revising Sec.  514.200 to make its language 
and terminology consistent with the language and terminology of the 
procedural regulations for hearings in part 12. Specifically, we are 
changing the references to ``administrative law judge'' in current 
Sec.  514.200 to the term ``presiding officer'', which is defined in 21 
CFR 10.3 \3\ and further explained in 21 CFR 12.60 as the presiding 
officer in a hearing will be the Commissioner, a member of the 
Commissioner's office to whom the responsibility for the matter 
involved has been delegated, or an administrative law judge qualified 
under 5 U.S.C. 3105. Since the term ``presiding officer'' is used 
throughout part 12, we are updating the language of Sec.  514.200 to 
use the same terminology. We are also updating the language in current 
Sec.  514.200 from ``written appearance'' to ``objections and request 
for a hearing'' since the latter terminology is used throughout part 
12. Finally, we are updating the language in Sec.  514.200 on the 
contents of the objections and request for hearing and the contents of 
the Commissioner's notice granting a hearing to match the language of 
part 12 and to make clear what is required. These updates will 
eliminate confusion that could be caused by use of different terms to 
refer to the same procedural requirements and allow the reader to 
obtain necessary information in one place. We anticipate these 
technical changes will make Sec.  514.200 easier for the public to 
understand and follow.
---------------------------------------------------------------------------

    \3\ ``Presiding officer means the Commissioner or the 
Commissioner's designee or an administrative law judge appointed as 
provided in 5 U.S.C. 3105.''
---------------------------------------------------------------------------

    Since we are revising Sec.  514.200 to harmonize the language and 
terminology with part 12, we are also taking this opportunity to update 
the language of Sec.  514.200 in accordance with the Plain Writing Act 
of 2010 (Pub. L. 111-274) and Executive Order 13563. The Plain Writing 
Act of 2010 requires that all Federal agencies use ``clear government 
communication that the public can understand and use.'' Executive Order 
13563 mandates that all regulations be ``accessible, consistent, 
written in plain language, and easy to understand.'' Therefore, we are 
eliminating gender-specific pronouns, passive voice, complicated 
sentence structure, and archaic language, and updating the language to 
make it more reader-friendly and accessible. We anticipate that these 
changes will make Sec.  514.200 clearer and easier to read. 
Additionally, we are updating the title of that section from ``Contents 
of notice of opportunity for a hearing'' to ``Notice of opportunity for 
hearing; notice of participation and requests for hearing; grant or 
denial of hearing'' because the latter title more accurately describes 
the type of information found in Sec.  514.200. The latter title also 
harmonizes with an analogous section for new drug applications in 21 
CFR 314.200.
    All of these corrections are nonsubstantive, technical amendments 
designed to harmonize the language and terminology of Sec.  514.200 
with the governing regulation on formal evidentiary public hearings in 
part 12 and to make the language of Sec.  514.200 easier for the public 
to understand and follow. We are taking this action as a part of our 
Retrospective Review Initiative \4\ to clarify and harmonize the 
regulations and to update the language in accordance with the Plain 
Writing Act of 2010 and Executive Order 13563.
---------------------------------------------------------------------------

    \4\ See E.O. 13563, section 6.
---------------------------------------------------------------------------

II. Legal Authority

    FDA is issuing these regulations under section 512(e) of the FD&C 
Act. This section gives the Secretary of Health and Human Services the 
authority to grant approval, deny approval, or withdraw approval of new 
animal drug applications. In addition, section 701(a) of the FD&C Act 
(21 U.S.C. 371(a)) gives FDA general rulemaking authority to issue 
regulations for the efficient enforcement of the FD&C Act.
    Section 6 of Executive Order 13563 states that FDA is under a 
continuing obligation to review its existing regulations periodically 
to determine whether any such regulations should be modified, 
streamlined, expanded, or repealed to improve regulatory effectiveness 
and reduce public burden. The Plain Writing Act of 2010 mandates that 
all regulations be written in clear language that is easy for the 
public to understand and use.
    This rule makes technical amendments to Sec.  514.200 to harmonize 
the language and terminology with the governing regulation on 
administrative hearings in part 12 and to update the language in 
accordance with the Plain Writing Act of 2010 and Executive Order 
13563. Publication of this document constitutes final action on these 
changes under the Agency's original intent with respect to the hearing 
provisions for new animal drug applications. Therefore, for good cause, 
FDA finds under 5 U.S.C. 553(b)(3)(B) and (d)(3) that notice and public 
comment are unnecessary.

III. Effective Date

    These regulations are effective upon publication.

IV. Economic Analysis of Impacts

    We have examined the impacts of the final rule under Executive 
Order 12866, Executive Order 13563, the Regulatory Flexibility Act (5 
U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4). Executive Orders 12866 and 13563 direct us to assess all costs 
and benefits of available regulatory alternatives and, when regulation 
is necessary, to select regulatory approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages; distributive impacts; and equity). We 
have developed a comprehensive Economic Analysis of Impacts that 
assesses the impacts of the final rule. We believe that this final rule 
is not a significant

[[Page 52997]]

regulatory action as defined by Executive Order 12866.
    The Regulatory Flexibility Act requires us to analyze regulatory 
options that would minimize any significant impact of a rule on small 
entities. Because this rule is making only technical amendments, we 
certify that the final rule will not have a significant economic impact 
on a substantial number of small entities.
    The Unfunded Mandates Reform Act of 1995 (section 202(a)) requires 
us to prepare a written statement, which includes an assessment of 
anticipated costs and benefits, before issuing ``any rule that includes 
any Federal mandate that may result in the expenditure by State, local, 
and tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more (adjusted annually for inflation) in any one 
year.'' The current threshold after adjustment for inflation is $146 
million, using the most current (2015) Implicit Price Deflator for the 
Gross Domestic Product. This final rule would not result in an 
expenditure in any year that meets or exceeds this amount.

V. Analysis of Environmental Impact

    We have determined under 21 CFR 25.31(i) that this action is of a 
type that does not individually or cumulatively have a significant 
effect on the human environment. Therefore, neither an environmental 
assessment nor an environmental impact statement is required.

VI. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore, 
FDA is not required to seek clearance by the Office of Management and 
Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

VII. Federalism

    We have analyzed this final rule in accordance with the principles 
set forth in Executive Order 13132. FDA has determined that the rule 
does not contain policies that have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Accordingly, we conclude that the rule 
does not contain policies that have federalism implications as defined 
in the Executive order and, consequently, a federalism summary impact 
statement is not required.

List of Subjects in 21 CFR Part 514

    Administrative practice and procedure, Animal drugs, Confidential 
business information, Reporting and recordkeeping requirements.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
514 is amended as follows:

PART 514--NEW ANIMAL DRUG APPLICATIONS

0
1. The authority citation for part 514 continues to read:

    Authority: 21 U.S.C. 321, 331, 351, 352, 354, 356a, 360b, 371, 
379e, 381.


0
2. Revise Sec.  514.200 to read as follows:


Sec.  514.200  Notice of opportunity for hearing; notice of 
participation and requests for hearing; grant or denial of hearing.

    (a) The notice to the applicant of opportunity for a hearing on a 
proposal by the Commissioner to refuse to approve an application or to 
withdraw the approval of an application will be published in the 
Federal Register together with an explanation of the grounds for the 
proposed action. The notice will describe how to request a hearing. An 
applicant has 30 days after publication of the notice to request a 
hearing.
    (b) If the applicant fails to request a hearing within the 30-day 
timeframe, the Commissioner, without further notice, will publish a 
final order denying or withdrawing approval of the application.
    (c) If the applicant desires to request a hearing:
    (1) Within 30 days after publication of the notice of opportunity 
for hearing, the applicant must submit to the Division of Dockets 
Management written objections and a request for a hearing in accordance 
with Sec. Sec.  12.20 and 12.22. This request for a hearing must 
include each specific objection to the proposal on which a hearing is 
requested, together with a detailed description and analysis of the 
factual information (including all relevant clinical and other 
investigational data) the applicant will present in support of that 
objection. A request for a hearing may not rest upon mere allegations 
or denials or general descriptions of positions or contentions, but 
must set forth specific reliable evidence showing there is a genuine 
and substantial issue of fact that requires a hearing.
    (2) If the Commissioner determines upon review of the data and 
information submitted in the objections and request for a hearing that 
a hearing is not justified because no genuine and substantial issue of 
fact precludes the refusal to approve the application or the withdrawal 
of approval of the application (for example, the applicant has not 
identified any adequate and well-controlled clinical investigations to 
support the claims of effectiveness), the Commissioner will enter an 
order denying the hearing and stating the final findings and 
conclusions.
    (3) If the Commissioner determines upon review of the data and 
information submitted in the objections and request for a hearing that 
a hearing is justified, the Commissioner will publish a notice setting 
forth the following:
    (i) The regulation or order that is the subject of the hearing;
    (ii) A statement specifying any part of the regulation or order 
that has been stayed by operation of law or in the Commissioner's 
discretion;
    (iii) The parties to the hearing;
    (iv) The specific issues of fact for resolution at the hearing;
    (v) The presiding officer, or a statement that the presiding 
officer will be designated in a later notice; and
    (vi) The date, time, and place of the prehearing conference, or a 
statement that the date, time, and place will be announced in a later 
notice. However, in the case of a denial of approval, the hearing must 
not occur more than 90 days after expiration of the 30-day time period 
in which to request a hearing, unless the presiding officer and the 
applicant otherwise agree; and in the case of withdrawal of approval, 
the hearing will occur as soon as practicable.
    (d) The hearing will be open to the public; however, if the 
Commissioner finds that portions of the application which serve as a 
basis for the hearing contain information concerning a method or 
process entitled to protection as a trade secret, the part of the 
hearing involving such portions will not be public, unless the 
respondent so specifies in the request for a hearing.

    Dated: August 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-18809 Filed 8-10-16; 8:45 am]
BILLING CODE 4164-01-P



                                                                Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                              52995

                                              effective date for a proposed ban.1                       to§ 895.30(c) is merely technical,                   ■ b. In paragraph (b)(2), add an entry in
                                              However, the SMDA did not eliminate                       insignificant in nature and impact, and              numerical sequence for ‘‘§ 895.30(c),
                                              the informal hearing provision for a                      inconsequential to industry and the                  regarding a proposed regulation to ban
                                              proposed ban issued with a special                        public. See Mack Trucks, Inc. v. EPA,                a medical device with a special effective
                                              effective date. Thus, section 516(b) of                   682 F.3d 87, 94 (D.C. Cir. 2012). This is            date.’’
                                              the FD&C Act continues to require that                    because this correction in no way                      Dated: August 3, 2016.
                                              FDA ‘‘provide reasonable opportunity                      changes when FDA is required to                      Leslie Kux,
                                              for an informal hearing’’ on a proposed                   provide an opportunity for a hearing,
                                                                                                                                                             Associate Commissioner for Policy.
                                              ban with a special effective date (21                     which is determined by section 516 of
                                                                                                                                                             [FR Doc. 2016–18787 Filed 8–10–16; 8:45 am]
                                              U.S.C. 360f(b)) while subsection (a), the                 the FD&C Act and part 895, nor does it
                                              general rule for medical device bans,                     impact the availability of such a hearing            BILLING CODE 4164–01–P

                                              does not (see 21 U.S.C. 360f(a)).                         to any entity impacted by the proposed
                                                 On December 10, 1992 (57 FR 58400),                    ban. It merely corrects a citation error to
                                                                                                        avoid confusion. This amendment to                   DEPARTMENT OF HEALTH AND
                                              FDA published a final rule
                                                                                                        § 16.1(b) thus merely corrects the                   HUMAN SERVICES
                                              implementing the SMDA. The final rule
                                              of 1992 amended § 895.21(d), which                        references to the applicable                         Food and Drug Administration
                                              covers the procedures for issuing a ban                   requirements of the FD&C Act and its
                                              without a special effective date, by                      implementing regulations, making                     21 CFR Part 514
                                              removing the requirement that FDA                         notice-and-comment procedures
                                              provide an opportunity for an informal                    unnecessary in this case. Therefore,
                                                                                                                                                             [Docket No. FDA–2016–N–1943]
                                              hearing when there is no special                          publication of this document constitutes
                                              effective date.2 FDA incorrectly                          final action on this change under the                New Animal Drug Applications;
                                              removed the same language from                            Administrative Procedure Act (APA) (5                Contents of Notice of Opportunity for
                                              § 895.30, which covers the procedures                     U.S.C. 553).                                         a Hearing; Correction
                                              for issuing bans with special effective                      In addition, FDA finds good cause for
                                              dates; the Agency issued a technical                      this amendment to become effective on                AGENCY:    Food and Drug Administration,
                                              amendment restoring this language in                      the date of publication of this action.              HHS.
                                              the Federal Register of June 2, 2015 (80                  The APA allows an effective date less                      Final rule; correcting
                                                                                                                                                             ACTION:
                                              FR 31299). However, FDA did not                           than 30 days after publication as                    amendments.
                                              correct the language in § 16.1 to list                    ‘‘provided by the agency for good cause
                                              section 516(b) of the FD&C Act and                        found and published with the rule’’ (5               SUMMARY:    The Food and Drug
                                              § 895.30(c) as the provisions that                        U.S.C. 553(d)(3)). A delayed effective               Administration (FDA, the Agency, or
                                              provide for regulatory (informal)                         date is unnecessary in this case because             we) is making technical corrections to
                                              hearings, nor did the Agency remove the                   the amendment to § 16.1 does not                     its regulations for hearing procedures
                                              reference to § 895.21(d). FDA does so                     impose any new regulatory                            for denial of approval or withdrawal of
                                              now.                                                      requirements on affected parties. As a               approval of new animal drug
                                                 FDA finds good cause for issuing this                  result, affected parties do not need time            applications. The Agency is taking this
                                              amendment to § 16.1(b)(1) as a final rule                 to prepare before the rule takes effect.             action to harmonize terminology and to
                                              without notice and comment because                        Therefore, FDA finds good cause for this             improve the organization and clarity of
                                              this amendment corrects the regulations                   correction to become effective on the                the regulations.
                                              to restate the statute (5 U.S.C. 553(b)(B)).              date of publication of this action.                  DATES: This rule is effective August 11,
                                              ‘‘[W]hen regulations merely restate the                   List of Subjects in 21 CFR Part 16                   2016.
                                              statute they implement, notice-and-
                                                                                                          Administrative practice and                        ADDRESSES: For access to the docket to
                                              comment procedures are unnecessary.’’
                                                                                                        procedure.                                           read background documents or
                                              Gray Panthers Advocacy Committee v.
                                                                                                          Therefore, under the Federal Food,                 comments received, go to http://
                                              Sullivan, 936 F.2d 1284, 1291 (D.C. Cir.
                                                                                                        Drug, and Cosmetic Act and under                     www.regulations.gov and insert the
                                              1991); see also Komjathy v. Nat. Trans.
                                                                                                        authority delegated to the Commissioner              docket number found in brackets in the
                                              Safety Bd., 832 F.2d 1294, 1296 (D.C.
                                                                                                        of Food and Drugs, 21 CFR part 16 is                 heading of this final rule into the
                                              Cir. 1987) (when a rule ‘‘does no more
                                                                                                        amended as follows:                                  ‘‘Search’’ box and follow the prompts,
                                              than repeat, virtually verbatim, the
                                                                                                                                                             and/or go to the Division of Dockets
                                              statutory grant of authority,’’ notice-and-               PART 16—REGULATORY HEARING                           Management, 5630 Fishers Lane, Rm.
                                              comment procedures are not required).                     BEFORE THE FOOD AND DRUG                             1061, Rockville, MD 20852.
                                              Further, the change to remove the                         ADMINISTRATION
                                              erroneous cross-reference to § 895.21(d)                                                                       FOR FURTHER INFORMATION CONTACT:
                                              and add the correct cross-reference                       ■ 1. The authority citation for part 16              Vernon Toelle, Center for Veterinary
                                                                                                        continues to read as follows:                        Medicine (HFV–234), Food and Drug
                                                 1 Specifically, the SMDA deleted the then-last                                                              Administration, 7519 Standish Pl.,
                                              sentence of section 516(a). See Public Law 101–629,         Authority: 15 U.S.C. 1451–1461; 21 U.S.C.          Rockville, MD 20855, 240–402–5637,
                                              section 18(d)(2) (‘‘Section 516(a) (21 U.S.C. 360f(a))    141–149, 321–394, 467f, 679, 821, 1034; 28           vernon.toelle@fda.hhs.gov.
                                              is amended . . . by striking out the last sentence.’’);   U.S.C. 2112; 42 U.S.C. 201–262, 263b, 364.
                                              21 U.S.C. 360f(a) (1989) (stating, in the last                                                                 SUPPLEMENTARY INFORMATION:
                                                                                                        ■  2. Amend § 16.1 as follows:
                                              sentence, ‘‘The Secretary shall afford all interested     ■  a. In paragraph (b)(1), remove from the           Table of Contents
sradovich on DSK3GMQ082PROD with RULES




                                              persons opportunity for an informal hearing on a
                                              regulation proposed under this subsection.’’).            list the entry ‘‘Section 516 of the act
                                                                                                        relating to a proposed banned device                 I. Background
                                                 2 Although the hearing provision was validly
                                                                                                                                                             II. Legal Authority
                                              removed from § 895.21(d)(8) in 1992, the removed          regulations (see § 895.21(d) of this                 III. Effective Date
                                              language erroneously reappeared in the Code of            chapter).’’ and add in its place ‘‘Section
                                              Federal Regulations beginning in 1994. On March                                                                IV. Economic Analysis of Impacts
                                              5, 2015 (80 FR 11865), the Office of the Federal
                                                                                                        516(b) of the act regarding a proposed               V. Analysis of Environmental Impact
                                              Register published a correction document fixing           regulation to ban a medical device with              VI. Paperwork Reduction Act of 1995
                                              this publication error.                                   a special effective date.’’                          VII. Federalism



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                                              52996            Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations

                                              I. Background                                           We are also updating the language in                   in accordance with the Plain Writing
                                                 This regulation is intended to make                  current § 514.200 from ‘‘written                       Act of 2010 and Executive Order 13563.
                                              technical amendments to § 514.200 (21                   appearance’’ to ‘‘objections and request
                                                                                                                                                             II. Legal Authority
                                              CFR 514.200) to harmonize the                           for a hearing’’ since the latter
                                                                                                      terminology is used throughout part 12.                   FDA is issuing these regulations
                                              terminology with part 12 (21 CFR part
                                                                                                      Finally, we are updating the language in               under section 512(e) of the FD&C Act.
                                              12), as well as to update § 514.200 in
                                                                                                      § 514.200 on the contents of the                       This section gives the Secretary of
                                              accordance with plain language
                                                                                                      objections and request for hearing and                 Health and Human Services the
                                              principles to make it easier for the
                                                                                                      the contents of the Commissioner’s                     authority to grant approval, deny
                                              public to understand and follow.
                                                 When the Agency issued procedural                    notice granting a hearing to match the                 approval, or withdraw approval of new
                                              regulations for formal evidentiary public               language of part 12 and to make clear                  animal drug applications. In addition,
                                              hearings, originally published in part 2                what is required. These updates will                   section 701(a) of the FD&C Act (21
                                              (21 CFR part 2) and later redesignated                  eliminate confusion that could be                      U.S.C. 371(a)) gives FDA general
                                              to part 12,1 we intended those                          caused by use of different terms to refer              rulemaking authority to issue
                                                                                                      to the same procedural requirements                    regulations for the efficient enforcement
                                              provisions to apply to all formal
                                                                                                      and allow the reader to obtain necessary               of the FD&C Act.
                                              evidentiary hearings on new product
                                                                                                                                                                Section 6 of Executive Order 13563
                                              applications, including new animal                      information in one place. We anticipate
                                                                                                                                                             states that FDA is under a continuing
                                              drug applications. As explained in the                  these technical changes will make
                                                                                                                                                             obligation to review its existing
                                              proposed rule, once the specific                        § 514.200 easier for the public to
                                                                                                                                                             regulations periodically to determine
                                              provisions in 21 CFR parts 511 and 514                  understand and follow.
                                                                                                                                                             whether any such regulations should be
                                              relating to investigational and marketed                   Since we are revising § 514.200 to                  modified, streamlined, expanded, or
                                              new animal drugs were revised in the                    harmonize the language and                             repealed to improve regulatory
                                              same way as their counterpart                           terminology with part 12, we are also                  effectiveness and reduce public burden.
                                              provisions relating to investigational                  taking this opportunity to update the                  The Plain Writing Act of 2010 mandates
                                              and marketed new drugs, to refer to the                 language of § 514.200 in accordance                    that all regulations be written in clear
                                              new procedural provisions in part 2, the                with the Plain Writing Act of 2010 (Pub.               language that is easy for the public to
                                              prior procedural provisions relating to                 L. 111–274) and Executive Order 13563.                 understand and use.
                                              hearings would be revoked.2                             The Plain Writing Act of 2010 requires                    This rule makes technical
                                                 Consequently, when part 12 was
                                                                                                      that all Federal agencies use ‘‘clear                  amendments to § 514.200 to harmonize
                                              finalized, we revised the regulations
                                                                                                      government communication that the                      the language and terminology with the
                                              specific to new animal drugs. These
                                                                                                      public can understand and use.’’                       governing regulation on administrative
                                              revisions included revoking certain
                                                                                                      Executive Order 13563 mandates that all                hearings in part 12 and to update the
                                              provisions and revising 21 CFR 514.201
                                                                                                      regulations be ‘‘accessible, consistent,               language in accordance with the Plain
                                              to state that hearings related to new
                                                                                                      written in plain language, and easy to                 Writing Act of 2010 and Executive
                                              animal drugs under section 512(d) and
                                                                                                      understand.’’ Therefore, we are                        Order 13563. Publication of this
                                              (e) of the Federal Food, Drug, and
                                                                                                      eliminating gender-specific pronouns,                  document constitutes final action on
                                              Cosmetic Act (the FD&C Act) (21 U.S.C.
                                                                                                      passive voice, complicated sentence                    these changes under the Agency’s
                                              360b(d) and (e)) shall be governed by
                                                                                                      structure, and archaic language, and                   original intent with respect to the
                                              part 12 of this chapter. However, when
                                                                                                      updating the language to make it more                  hearing provisions for new animal drug
                                              we made these revisions to part 514, we
                                                                                                      reader-friendly and accessible. We                     applications. Therefore, for good cause,
                                              neglected to update § 514.200 to match
                                                                                                      anticipate that these changes will make                FDA finds under 5 U.S.C. 553(b)(3)(B)
                                              the terminology used in part 12.
                                                                                                      § 514.200 clearer and easier to read.                  and (d)(3) that notice and public
                                                 Therefore, we are now revising
                                                                                                      Additionally, we are updating the title                comment are unnecessary.
                                              § 514.200 to make its language and
                                              terminology consistent with the                         of that section from ‘‘Contents of notice              III. Effective Date
                                              language and terminology of the                         of opportunity for a hearing’’ to ‘‘Notice
                                                                                                      of opportunity for hearing; notice of                     These regulations are effective upon
                                              procedural regulations for hearings in                                                                         publication.
                                              part 12. Specifically, we are changing                  participation and requests for hearing;
                                              the references to ‘‘administrative law                  grant or denial of hearing’’ because the               IV. Economic Analysis of Impacts
                                              judge’’ in current § 514.200 to the term                latter title more accurately describes the                We have examined the impacts of the
                                              ‘‘presiding officer’’, which is defined in              type of information found in § 514.200.                final rule under Executive Order 12866,
                                              21 CFR 10.3 3 and further explained in                  The latter title also harmonizes with an               Executive Order 13563, the Regulatory
                                              21 CFR 12.60 as the presiding officer in                analogous section for new drug                         Flexibility Act (5 U.S.C. 601–612), and
                                              a hearing will be the Commissioner, a                   applications in 21 CFR 314.200.                        the Unfunded Mandates Reform Act of
                                              member of the Commissioner’s office to                     All of these corrections are                        1995 (Pub. L. 104–4). Executive Orders
                                              whom the responsibility for the matter                  nonsubstantive, technical amendments                   12866 and 13563 direct us to assess all
                                              involved has been delegated, or an                      designed to harmonize the language and                 costs and benefits of available regulatory
                                              administrative law judge qualified                      terminology of § 514.200 with the                      alternatives and, when regulation is
                                              under 5 U.S.C. 3105. Since the term                     governing regulation on formal                         necessary, to select regulatory
                                              ‘‘presiding officer’’ is used throughout                evidentiary public hearings in part 12                 approaches that maximize net benefits
                                              part 12, we are updating the language of                and to make the language of § 514.200                  (including potential economic,
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                                              § 514.200 to use the same terminology.                  easier for the public to understand and                environmental, public health and safety,
                                                                                                      follow. We are taking this action as a                 and other advantages; distributive
                                                1 See 41 FR 51706, November 23, 1976, and 42
                                                                                                      part of our Retrospective Review                       impacts; and equity). We have
                                              FR 4680, January 25, 1977.                              Initiative 4 to clarify and harmonize the
                                                2 See 40 FR 40682 at 40716, September 3, 1975.
                                                                                                                                                             developed a comprehensive Economic
                                                3 ‘‘Presiding officer means the Commissioner or
                                                                                                      regulations and to update the language                 Analysis of Impacts that assesses the
                                              the Commissioner’s designee or an administrative                                                               impacts of the final rule. We believe that
                                              law judge appointed as provided in 5 U.S.C. 3105.’’       4 See   E.O. 13563, section 6.                       this final rule is not a significant


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                                                               Federal Register / Vol. 81, No. 155 / Thursday, August 11, 2016 / Rules and Regulations                                              52997

                                              regulatory action as defined by                         List of Subjects in 21 CFR Part 514                      (2) If the Commissioner determines
                                              Executive Order 12866.                                    Administrative practice and                         upon review of the data and information
                                                The Regulatory Flexibility Act                        procedure, Animal drugs, Confidential                 submitted in the objections and request
                                              requires us to analyze regulatory options               business information, Reporting and                   for a hearing that a hearing is not
                                              that would minimize any significant                     recordkeeping requirements.                           justified because no genuine and
                                              impact of a rule on small entities.                       Therefore, under the Federal Food,                  substantial issue of fact precludes the
                                              Because this rule is making only                        Drug, and Cosmetic Act and under                      refusal to approve the application or the
                                              technical amendments, we certify that                                                                         withdrawal of approval of the
                                                                                                      authority delegated to the Commissioner
                                              the final rule will not have a significant                                                                    application (for example, the applicant
                                                                                                      of Food and Drugs, 21 CFR part 514 is
                                              economic impact on a substantial                                                                              has not identified any adequate and
                                                                                                      amended as follows:
                                              number of small entities.                                                                                     well-controlled clinical investigations to
                                                The Unfunded Mandates Reform Act                      PART 514—NEW ANIMAL DRUG                              support the claims of effectiveness), the
                                              of 1995 (section 202(a)) requires us to                 APPLICATIONS                                          Commissioner will enter an order
                                              prepare a written statement, which                                                                            denying the hearing and stating the final
                                              includes an assessment of anticipated                   ■ 1. The authority citation for part 514              findings and conclusions.
                                              costs and benefits, before issuing ‘‘any                continues to read:
                                              rule that includes any Federal mandate                                                                          (3) If the Commissioner determines
                                                                                                        Authority: 21 U.S.C. 321, 331, 351, 352,            upon review of the data and information
                                              that may result in the expenditure by                   354, 356a, 360b, 371, 379e, 381.
                                              State, local, and tribal governments, in                                                                      submitted in the objections and request
                                              the aggregate, or by the private sector, of             ■   2. Revise § 514.200 to read as follows:           for a hearing that a hearing is justified,
                                              $100,000,000 or more (adjusted                                                                                the Commissioner will publish a notice
                                                                                                      § 514.200 Notice of opportunity for                   setting forth the following:
                                              annually for inflation) in any one year.’’              hearing; notice of participation and
                                              The current threshold after adjustment                  requests for hearing; grant or denial of                (i) The regulation or order that is the
                                              for inflation is $146 million, using the                hearing.                                              subject of the hearing;
                                              most current (2015) Implicit Price                         (a) The notice to the applicant of                   (ii) A statement specifying any part of
                                              Deflator for the Gross Domestic Product.                opportunity for a hearing on a proposal               the regulation or order that has been
                                              This final rule would not result in an                  by the Commissioner to refuse to                      stayed by operation of law or in the
                                              expenditure in any year that meets or                   approve an application or to withdraw                 Commissioner’s discretion;
                                              exceeds this amount.                                    the approval of an application will be                  (iii) The parties to the hearing;
                                              V. Analysis of Environmental Impact                     published in the Federal Register
                                                                                                      together with an explanation of the                     (iv) The specific issues of fact for
                                                We have determined under 21 CFR                                                                             resolution at the hearing;
                                                                                                      grounds for the proposed action. The
                                              25.31(i) that this action is of a type that
                                              does not individually or cumulatively                   notice will describe how to request a                   (v) The presiding officer, or a
                                              have a significant effect on the human                  hearing. An applicant has 30 days after               statement that the presiding officer will
                                              environment. Therefore, neither an                      publication of the notice to request a                be designated in a later notice; and
                                              environmental assessment nor an                         hearing.
                                                                                                                                                              (vi) The date, time, and place of the
                                              environmental impact statement is                          (b) If the applicant fails to request a
                                                                                                                                                            prehearing conference, or a statement
                                              required.                                               hearing within the 30-day timeframe,
                                                                                                                                                            that the date, time, and place will be
                                                                                                      the Commissioner, without further
                                              VI. Paperwork Reduction Act of 1995                                                                           announced in a later notice. However,
                                                                                                      notice, will publish a final order
                                                                                                                                                            in the case of a denial of approval, the
                                                This final rule contains no collection                denying or withdrawing approval of the
                                                                                                                                                            hearing must not occur more than 90
                                              of information. Therefore, FDA is not                   application.
                                                                                                                                                            days after expiration of the 30-day time
                                              required to seek clearance by the Office                   (c) If the applicant desires to request
                                                                                                                                                            period in which to request a hearing,
                                              of Management and Budget under the                      a hearing:
                                                                                                                                                            unless the presiding officer and the
                                              Paperwork Reduction Act of 1995 (44                        (1) Within 30 days after publication of
                                                                                                                                                            applicant otherwise agree; and in the
                                              U.S.C. 3501–3520).                                      the notice of opportunity for hearing,
                                                                                                                                                            case of withdrawal of approval, the
                                                                                                      the applicant must submit to the
                                              VII. Federalism                                                                                               hearing will occur as soon as
                                                                                                      Division of Dockets Management
                                                                                                                                                            practicable.
                                                We have analyzed this final rule in                   written objections and a request for a
                                              accordance with the principles set forth                hearing in accordance with §§ 12.20 and                  (d) The hearing will be open to the
                                              in Executive Order 13132. FDA has                       12.22. This request for a hearing must                public; however, if the Commissioner
                                              determined that the rule does not                       include each specific objection to the                finds that portions of the application
                                              contain policies that have substantial                  proposal on which a hearing is                        which serve as a basis for the hearing
                                              direct effects on the States, on the                    requested, together with a detailed                   contain information concerning a
                                              relationship between the National                       description and analysis of the factual               method or process entitled to protection
                                              Government and the States, or on the                    information (including all relevant                   as a trade secret, the part of the hearing
                                              distribution of power and                               clinical and other investigational data)              involving such portions will not be
                                              responsibilities among the various                      the applicant will present in support of              public, unless the respondent so
                                              levels of government. Accordingly, we                   that objection. A request for a hearing               specifies in the request for a hearing.
                                              conclude that the rule does not contain                 may not rest upon mere allegations or                   Dated: August 3, 2016.
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                                              policies that have federalism                           denials or general descriptions of
                                                                                                                                                            Leslie Kux,
                                              implications as defined in the Executive                positions or contentions, but must set
                                              order and, consequently, a federalism                   forth specific reliable evidence showing              Associate Commissioner for Policy.
                                              summary impact statement is not                         there is a genuine and substantial issue              [FR Doc. 2016–18809 Filed 8–10–16; 8:45 am]
                                              required.                                               of fact that requires a hearing.                      BILLING CODE 4164–01–P




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Document Created: 2018-02-09 11:27:37
Document Modified: 2018-02-09 11:27:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendments.
DatesThis rule is effective August 11, 2016.
ContactVernon Toelle, Center for Veterinary Medicine (HFV-234), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5637, [email protected]
FR Citation81 FR 52995 
CFR AssociatedAdministrative Practice and Procedure; Animal Drugs; Confidential Business Information and Reporting and Recordkeeping Requirements

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