81_FR_76572 81 FR 76360 - Animal Drug User Fees and Fee Waivers and Reductions; Draft Revised Guidance for Industry; Availability

81 FR 76360 - Animal Drug User Fees and Fee Waivers and Reductions; Draft Revised Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 212 (November 2, 2016)

Page Range76360-76361
FR Document2016-26406

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft revised guidance for industry (GFI) #170 entitled ``Animal Drug User Fees and Fee Waivers and Reductions.'' This draft revised guidance document describes the types of fees the Food and Drug Administration (FDA or the Agency) is authorized to collect under the Animal Drug User Fee Act of 2003 (ADUFA), as amended, and how to request waivers and reductions from these fees.

Federal Register, Volume 81 Issue 212 (Wednesday, November 2, 2016)
[Federal Register Volume 81, Number 212 (Wednesday, November 2, 2016)]
[Notices]
[Pages 76360-76361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26406]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2004-D-0369]


Animal Drug User Fees and Fee Waivers and Reductions; Draft 
Revised Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft revised guidance for industry (GFI) #170 
entitled ``Animal Drug User Fees and Fee Waivers and Reductions.'' This 
draft revised guidance document describes the types of fees the Food 
and Drug Administration (FDA or the Agency) is authorized to collect 
under the Animal Drug User Fee Act of 2003 (ADUFA), as amended, and how 
to request waivers and reductions from these fees.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment on this 
draft revised guidance before it begins work on the final version of 
the guidance, submit either electronic or written comments on the draft 
revised guidance by January 3, 2017.

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-2004-D-0369 for ``Animal Drug User Fees and Fee Waivers and 
Reductions.'' 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

[[Page 76361]]

Agency will review this copy, including the claimed confidential 
information, in its consideration of comments. The second copy, which 
will have the claimed confidential information redacted/blacked out, 
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets 
Management. If you do not wish your name and contact information to be 
made publicly available, you can provide this information on the cover 
sheet and not in the body of your comments and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of the guidance to the 
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine, 
Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. 
Send one self-addressed adhesive label to assist that office in 
processing your requests. See the SUPPLEMENTARY INFORMATION section for 
electronic access to the draft revised guidance document.

FOR FURTHER INFORMATION CONTACT: Diane Heinz, Center for Veterinary 
Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-5692, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a draft revised GFI #170 
entitled ``Animal Drug User Fees and Fee Waivers and Reductions.'' This 
draft revised guidance document describes the types of fees FDA is 
authorized to collect under ADUFA and how to request waivers and 
reductions from these fees. It clarifies the criteria for Barrier to 
Innovation waivers, clarifies the procedures for Small Business 
waivers, and makes additional clarifying changes.

II. Significance of Guidance

    This level 1 draft revised guidance is being issued consistent with 
FDA's good guidance practices regulation (21 CFR 10.115). The draft 
revised guidance, when finalized, will represent the current thinking 
of FDA on ``Animal Drug User Fees and Fee Waivers and Reductions.'' 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.

III. Paperwork Reduction Act of 1995

    This draft revised guidance refers to previously approved 
collections of information that are subject to review by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520). The collections of information referred to in 
the guidance entitled ``Animal Drug User Fees and Fee Waivers and 
Reductions'' have been approved under OMB control number 0910-0540.

IV. Electronic Access

    Persons with access to the Internet may obtain the draft revised 
guidance at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: October 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-26406 Filed 11-1-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                76360                            Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices

                                                prepare and submit. The guidance also                                     and nonfatal cardiovascular events,                                         based on 5 CFR 1320.3(c)(2), which
                                                recommends that other labeling changes                                    primarily strokes and myocardial                                            states that the public disclosure of
                                                (e.g., the addition of adverse event data)                                infarctions. Control of high blood                                          information originally supplied by the
                                                should be minimized and provided in                                       pressure should be part of                                                  Federal government to the recipient for
                                                separate supplements, and that the                                        comprehensive cardiovascular risk                                           the purpose of disclosure to the public
                                                revision of labeling to conform to                                        management, including, as appropriate,                                      is not included within the definition of
                                                §§ 201.56 and 201.57 may require                                          lipid control, diabetes management,                                         collection of information.
                                                substantial revision to the ADVERSE                                       antithrombotic therapy, smoking                                                In the Federal Register of February
                                                REACTIONS or other labeling sections.                                     cessation, exercise, and limited sodium                                     22, 2016 (81 FR 8726), we published a
                                                   3. Section VI.C of the guidance states                                 intake. Many patients will require more                                     60-day notice requesting public
                                                that applicants are encouraged to                                         than one drug to achieve blood pressure                                     comment on the proposed extension of
                                                include the following statement in                                        goals.’’                                                                    this collection of information. No
                                                promotional materials for the drug.                                          The inclusion of this statement in the                                   comments were received.
                                                   ‘‘[DRUGNAME] reduces blood                                             promotional materials for the drug                                             We estimate the burden of this
                                                pressure, which reduces the risk of fatal                                 would be exempt from OMB review                                             collection of information as follows:

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                         Number of                      Total                      Hours
                                                                                                                                              Number of                   responses                                                                     Total
                                                                                      Activity                                                                                                         annual                       per
                                                                                                                                             respondents                     per                                                                        hours
                                                                                                                                                                                                     responses                   response
                                                                                                                                                                         respondent

                                                Submission to Docket No. FDA–2008–D–0150 ..................                                                       1                         1                           1                        10             10
                                                Cardiovascular Outcome Claim Supplement Submission ...                                                            1                         1                           1                        20             20

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................           30
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  Dated: October 27, 2016.                                                submit either electronic or written                                         Written/Paper Submissions
                                                Leslie Kux,                                                               comments on the draft revised guidance                                         Submit written/paper submissions as
                                                Associate Commissioner for Policy.                                        by January 3, 2017.                                                         follows:
                                                [FR Doc. 2016–26399 Filed 11–1–16; 8:45 am]
                                                                                                                          ADDRESSES:           You may submit comments                                   • Mail/Hand delivery/Courier (for
                                                BILLING CODE 4164–01–P
                                                                                                                          as follows:                                                                 written/paper submissions): Division of
                                                                                                                                                                                                      Dockets Management (HFA–305), Food
                                                                                                                          Electronic Submissions                                                      and Drug Administration, 5630 Fishers
                                                DEPARTMENT OF HEALTH AND                                                                                                                              Lane, Rm. 1061, Rockville, MD 20852.
                                                HUMAN SERVICES                                                              Submit electronic comments in the
                                                                                                                                                                                                         • For written/paper comments
                                                                                                                          following way:
                                                Food and Drug Administration                                                                                                                          submitted to the Division of Dockets
                                                                                                                            • Federal eRulemaking Portal: http://                                     Management, FDA will post your
                                                [Docket No. FDA–2004–D–0369]                                              www.regulations.gov. Follow the                                             comment, as well as any attachments,
                                                                                                                          instructions for submitting comments.                                       except for information submitted,
                                                Animal Drug User Fees and Fee                                             Comments submitted electronically,                                          marked and identified, as confidential,
                                                Waivers and Reductions; Draft Revised                                     including attachments, to http://                                           if submitted as detailed in
                                                Guidance for Industry; Availability                                       www.regulations.gov will be posted to                                       ‘‘Instructions.’’
                                                AGENCY:      Food and Drug Administration,                                the docket unchanged. Because your                                             Instructions: All submissions received
                                                HHS.                                                                      comment will be made public, you are                                        must include the Docket No. FDA–
                                                ACTION:     Notice of availability.                                       solely responsible for ensuring that your                                   2004–D–0369 for ‘‘Animal Drug User
                                                                                                                          comment does not include any                                                Fees and Fee Waivers and Reductions.’’
                                                SUMMARY:   The Food and Drug                                              confidential information that you or a                                      Received comments will be placed in
                                                Administration (FDA or Agency) is                                         third party may not wish to be posted,                                      the docket and, except for those
                                                announcing the availability of a draft                                    such as medical information, your or                                        submitted as ‘‘Confidential
                                                revised guidance for industry (GFI) #170                                  anyone else’s Social Security number, or                                    Submissions,’’ publicly viewable at
                                                entitled ‘‘Animal Drug User Fees and                                      confidential business information, such                                     http://www.regulations.gov or at the
                                                Fee Waivers and Reductions.’’ This draft                                                                                                              Division of Dockets Management
                                                                                                                          as a manufacturing process. Please note
                                                revised guidance document describes                                                                                                                   between 9 a.m. and 4 p.m., Monday
                                                                                                                          that if you include your name, contact
                                                the types of fees the Food and Drug                                                                                                                   through Friday.
                                                                                                                          information, or other information that
                                                Administration (FDA or the Agency) is
                                                                                                                          identifies you in the body of your                                             • Confidential Submissions—To
                                                authorized to collect under the Animal                                                                                                                submit a comment with confidential
                                                Drug User Fee Act of 2003 (ADUFA), as                                     comments, that information will be
                                                                                                                                                                                                      information that you do not wish to be
                                                amended, and how to request waivers                                       posted on http://www.regulations.gov.
                                                                                                                                                                                                      made publicly available, submit your
sradovich on DSK3GMQ082PROD with NOTICES




                                                and reductions from these fees.                                             • If you want to submit a comment                                         comments only as a written/paper
                                                DATES: Although you can comment on                                        with confidential information that you                                      submission. You should submit two
                                                any guidance at any time (see 21 CFR                                      do not wish to be made available to the                                     copies total. One copy will include the
                                                10.115(g)(5)), to ensure that the Agency                                  public, submit the comment as a                                             information you claim to be confidential
                                                considers your comment on this draft                                      written/paper submission and in the                                         with a heading or cover note that states
                                                revised guidance before it begins work                                    manner detailed (see ‘‘Written/Paper                                        ‘‘THIS DOCUMENT CONTAINS
                                                on the final version of the guidance,                                     Submissions’’ and ‘‘Instructions’’).                                        CONFIDENTIAL INFORMATION.’’ The


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                                                                         Federal Register / Vol. 81, No. 212 / Wednesday, November 2, 2016 / Notices                                            76361

                                                Agency will review this copy, including                 waivers, and makes additional clarifying              DATES:  Fax written comments on the
                                                the claimed confidential information, in                changes.                                              collection of information by December
                                                its consideration of comments. The                                                                            2, 2016.
                                                                                                        II. Significance of Guidance
                                                second copy, which will have the                                                                              ADDRESSES: To ensure that comments on
                                                claimed confidential information                           This level 1 draft revised guidance is             the information collection are received,
                                                redacted/blacked out, will be available                 being issued consistent with FDA’s good               OMB recommends that written
                                                for public viewing and posted on http://                guidance practices regulation (21 CFR                 comments be faxed to the Office of
                                                www.regulations.gov. Submit both                        10.115). The draft revised guidance,                  Information and Regulatory Affairs,
                                                copies to the Division of Dockets                       when finalized, will represent the                    OMB, Attn: FDA Desk Officer, FAX:
                                                Management. If you do not wish your                     current thinking of FDA on ‘‘Animal                   202–395–7285, or emailed to oira_
                                                name and contact information to be                      Drug User Fees and Fee Waivers and                    submission@omb.eop.gov. All
                                                made publicly available, you can                        Reductions.’’ It does not establish any               comments should be identified with the
                                                provide this information on the cover                   rights for any person and is not binding              OMB control number 0910–0302. Also
                                                sheet and not in the body of your                       on FDA or the public. You can use an                  include the FDA docket number found
                                                comments and you must identify this                     alternative approach if it satisfies the              in brackets in the heading of this
                                                information as ‘‘confidential.’’ Any                    requirements of the applicable statutes               document.
                                                information marked as ‘‘confidential’’                  and regulations.
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT: FDA
                                                will not be disclosed except in                         III. Paperwork Reduction Act of 1995                  PRA Staff, Office of Operations, Food
                                                accordance with 21 CFR 10.20 and other                                                                        and Drug Administration, Three White
                                                applicable disclosure law. For more                        This draft revised guidance refers to
                                                                                                        previously approved collections of                    Flint North, 10A63, 11601 Landsdown
                                                information about FDA’s posting of                                                                            St., North Bethesda, MD 20852,
                                                comments to public dockets, see 80 FR                   information that are subject to review by
                                                                                                        the Office of Management and Budget                   PRAStaff@fda.hhs.gov.
                                                56469, September 18, 2015, or access                                                                          SUPPLEMENTARY INFORMATION: In
                                                the information at: http://www.fda.gov/                 (OMB) under the Paperwork Reduction
                                                                                                        Act of 1995 (44 U.S.C. 3501–3520). The                compliance with 44 U.S.C. 3507, FDA
                                                regulatoryinformation/dockets/                                                                                has submitted the following proposed
                                                default.htm.                                            collections of information referred to in
                                                                                                        the guidance entitled ‘‘Animal Drug                   collection of information to OMB for
                                                   Docket: For access to the docket to                                                                        review and clearance.
                                                read background documents or the                        User Fees and Fee Waivers and
                                                electronic and written/paper comments                   Reductions’’ have been approved under                 Human Tissue Intended for
                                                received, go to http://                                 OMB control number 0910–0540.                         Transplantation—21 CFR Part 1270
                                                www.regulations.gov and insert the                      IV. Electronic Access                                 OMB Control Number 0910–0302—
                                                docket number, found in brackets in the                    Persons with access to the Internet                Extension
                                                heading of this document, into the                      may obtain the draft revised guidance at                 Under section 361 of the Public
                                                ‘‘Search’’ box and follow the prompts                   either http://www.fda.gov/                            Health Services Act (42 U.S.C. 264),
                                                and/or go to the Division of Dockets                    AnimalVeterinary/                                     FDA issued regulations under part 1270
                                                Management, 5630 Fishers Lane, Rm.                      GuidanceComplianceEnforcement/                        (21 CFR part 1270) to prevent the
                                                1061, Rockville, MD 20852.                              GuidanceforIndustry/default.htm or                    transmission of human
                                                   Submit written requests for single
                                                                                                        http://www.regulations.gov.                           immunodeficiency virus, hepatitis B,
                                                copies of the guidance to the Policy and
                                                                                                          Dated: October 27, 2016.                            and hepatitis C through the use of
                                                Regulations Staff (HFV–6), Center for
                                                                                                        Leslie Kux,                                           human tissue for transplantation. The
                                                Veterinary Medicine, Food and Drug
                                                                                                                                                              regulations provide for inspection by
                                                Administration, 7519 Standish Pl.,                      Associate Commissioner for Policy.
                                                                                                                                                              FDA of persons and tissue
                                                Rockville, MD 20855. Send one self-                     [FR Doc. 2016–26406 Filed 11–1–16; 8:45 am]
                                                                                                                                                              establishments engaged in the recovery,
                                                addressed adhesive label to assist that                 BILLING CODE 4164–01–P                                screening, testing, processing, storage,
                                                office in processing your requests. See                                                                       or distribution of human tissue. These
                                                the SUPPLEMENTARY INFORMATION section                                                                         facilities are required to meet provisions
                                                for electronic access to the draft revised              DEPARTMENT OF HEALTH AND                              intended to ensure appropriate
                                                guidance document.                                      HUMAN SERVICES                                        screening and testing of human tissue
                                                FOR FURTHER INFORMATION CONTACT:                                                                              donors and to ensure that records are
                                                Diane Heinz, Center for Veterinary                      Food and Drug Administration
                                                                                                                                                              kept documenting that the appropriate
                                                Medicine (HFV–6), Food and Drug                         [Docket No. FDA–2013–N–0797]                          screening and testing have been
                                                Administration, 7519 Standish Pl.,                                                                            completed.
                                                Rockville, MD 20855, 240–402–5692,                      Agency Information Collection                            Section 1270.31(a) through (d)
                                                diane.heinz@fda.hhs.gov.                                Activities; Proposed Collection;                      requires written procedures to be
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        Comment Request; Human Tissue                         prepared and followed for the following
                                                                                                        Intended for Transplantation                          steps: (1) All significant steps in the
                                                I. Background                                                                                                 infectious disease testing process under
                                                                                                        AGENCY:    Food and Drug Administration,
                                                   FDA is announcing the availability of                HHS.                                                  § 1270.21; (2) all significant steps for
                                                a draft revised GFI #170 entitled                       ACTION:   Notice.                                     obtaining, reviewing, and assessing the
                                                ‘‘Animal Drug User Fees and Fee                                                                               relevant medical records of the donor as
                                                Waivers and Reductions.’’ This draft                    SUMMARY:   The Food and Drug                          prescribed in § 1270.21; (3) designating
sradovich on DSK3GMQ082PROD with NOTICES




                                                revised guidance document describes                     Administration (FDA or we) is                         and identifying quarantined tissue; and
                                                the types of fees FDA is authorized to                  announcing that a proposed collection                 (4) for prevention of infectious disease
                                                collect under ADUFA and how to                          of information has been submitted to the              contamination or cross-contamination
                                                request waivers and reductions from                     Office of Management and Budget                       by tissue during processing. Section
                                                these fees. It clarifies the criteria for               (OMB) for review and clearance under                  1270.31(a) and (b) also requires
                                                Barrier to Innovation waivers, clarifies                the Paperwork Reduction Act of 1995                   recording and justification of any
                                                the procedures for Small Business                       (the PRA).                                            deviation from the written procedures.


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Document Created: 2016-11-02 01:40:52
Document Modified: 2016-11-02 01:40:52
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 availability.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft revised guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft revised guidance by January 3, 2017.
ContactDiane Heinz, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5692, [email protected]
FR Citation81 FR 76360 

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