81 FR 70118 - Sunscreen Innovation Act: Section 586C(c) Advisory Committee Process; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 196 (October 11, 2016)

The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled ``Sunscreen Innovation Act: Section 586C(c) Advisory Committee Process.'' This guidance explains the process by which FDA intends to carry out the section of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Sunscreen Innovation Act (SIA), which governs the convening of advisory committees to provide recommendations on requests submitted under the SIA regarding nonprescription sunscreen active ingredients and the number of requests to be considered per meeting. The recommendations in this guidance apply to 586A requests submitted under the FD&C Act and to pending requests as defined by the SIA that seek a determination from FDA on whether a nonprescription sunscreen active ingredient, or a combination of nonprescription sunscreen active ingredients, is generally recognized as safe and effective (GRASE) for use under specified conditions and should be included in the over-the- counter (OTC) sunscreen drug monograph. The SIA describes specific circumstances under which FDA is not required to convene or submit requests to the Nonprescription Drugs Advisory Committee (NDAC). We are issuing this guidance pursuant to the SIA, which directs FDA to issue guidance on four topics, including the topic discussed in this guidance. This guidance finalizes the draft guidance on the same topic issued on November 23, 2015.

[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Notices]
[Pages 70118-70119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24460]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-3990]


Sunscreen Innovation Act: Section 586C(c) Advisory Committee 
Process; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a guidance for industry entitled ``Sunscreen 
Innovation Act: Section 586C(c) Advisory Committee Process.'' This 
guidance explains the process by which FDA intends to carry out the 
section of the Federal Food, Drug, and Cosmetic Act (the FD&C Act), as 
amended by the Sunscreen Innovation Act (SIA), which governs the 
convening of advisory committees to provide recommendations on requests 
submitted under the SIA regarding nonprescription sunscreen active 
ingredients and the number of requests to be considered per meeting. 
The recommendations in this guidance apply to 586A requests submitted 
under the FD&C Act and to pending requests as defined by the SIA that 
seek a determination from FDA on whether a nonprescription sunscreen 
active ingredient, or a combination of nonprescription sunscreen active 
ingredients, is generally recognized as safe and effective (GRASE) for 
use under specified conditions and should be included in the over-the-
counter (OTC) sunscreen drug monograph. The SIA describes specific 
circumstances under which FDA is not required to convene or submit 
requests to the Nonprescription Drugs Advisory Committee (NDAC). We are 
issuing this guidance pursuant to the SIA, which directs FDA to issue 
guidance on four topics, including the topic discussed in this 
guidance. This guidance finalizes the draft guidance on the same topic 
issued on November 23, 2015.

DATES: Submit either electronic or written comments on Agency guidances 
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-D-3990 for ``Sunscreen Innovation Act: Section 586C(c) 
Advisory Committee Process.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR

[[Page 70119]]

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.
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Kristen Hardin, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 5443, Silver Spring, MD 20993, 240-402-
4246.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Sunscreen Innovation Act: Section 586C(c) Advisory Committee 
Process.'' This guidance provides background information on the 
sunscreen OTC monograph process, as well as on the Agency's intended 
process for convening the NDAC. It also recommends procedures for 
sponsors of 586A requests (submitted under section 586A of the FD&C Act 
(21 U.S.C. 360fff-1)) and for sponsors of pending requests (as defined 
by section 586(6) of the FD&C Act (21 U.S.C. 360fff (6))) to follow in 
requesting an NDAC meeting. This guidance also explains how FDA intends 
to process these requests and describes the factors the Agency may 
consider in determining whether and when to refer such requests to the 
NDAC.
    This guidance finalizes the draft guidance that was issued under 
the same title on November 23, 2015 (see 80 FR 72972), and reflects 
FDA's consideration of public comments on the draft guidance. The draft 
guidance and related public comments are publicly available in Docket 
No. FDA-2015-D-3990. In addition to minor editorial changes, we have 
clarified the information in section III of the guidance on when to 
submit a request for an NDAC meeting.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on the process by which the Agency will carry 
out section 586C(c) of the SIA (21 U.S.C. 360fff-3). It does not 
establish any rights for any person and is not binding on FDA or the 
public. You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons with access to the Internet may obtain the guidance at 
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

III. Paperwork Reduction Act of 1995

    This guidance contains collections of information that are exempt 
from the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA). 
Section 586D(a)(1)(C) of the FD&C Act (21 U.S.C 360fff-4(a)(1)(C)) 
states that the PRA shall not apply to collections of information made 
for purposes of guidance under section 586D(a).

    Dated: October 5, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-24460 Filed 10-7-16; 8:45 am]
BILLING CODE 4164-01-P