81_FR_86203 81 FR 85974 - Determination of Regulatory Review Period for Purposes of Patent Extension; NUWIQ

81 FR 85974 - Determination of Regulatory Review Period for Purposes of Patent Extension; NUWIQ

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85974-85976
FR Document2016-28654

The Food and Drug Administration (FDA) has determined the regulatory review period for NUWIQ and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human biological product.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85974-85976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28654]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-E-0622]


Determination of Regulatory Review Period for Purposes of Patent 
Extension; NUWIQ

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) has determined the 
regulatory review period for NUWIQ and is publishing this notice of 
that determination as required by law. FDA has made the determination 
because of the submission of an application to the Director of the U.S. 
Patent and Trademark Office (USPTO), Department of Commerce, for the 
extension of a patent which claims that human biological product.

DATES: Anyone with knowledge that any of the dates as published (see 
the SUPPLEMENTARY INFORMATION section) are incorrect may submit either 
electronic or written comments and ask for a redetermination by January 
30, 2017. Furthermore, any interested person may petition FDA for a 
determination regarding whether the applicant for extension acted with 
due diligence during the regulatory review period by May 30, 2017. See 
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more 
information.

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,

[[Page 85975]]

marked and identified, as confidential, if submitted as detailed in 
``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-E-0622 for ``Determination of Regulatory Review Period for 
Purposes of Patent Extension; NUWIQ.'' 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 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory 
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term 
Restoration Act (Pub. L. 100-670) generally provide that a patent may 
be extended for a period of up to 5 years so long as the patented item 
(human drug product, animal drug product, medical device, food 
additive, or color additive) was subject to regulatory review by FDA 
before the item was marketed. Under these acts, a product's regulatory 
review period forms the basis for determining the amount of extension 
an applicant may receive.
    A regulatory review period consists of two periods of time: A 
testing phase and an approval phase. For human biological products, the 
testing phase begins when the exemption to permit the clinical 
investigations of the biological becomes effective and runs until the 
approval phase begins. The approval phase starts with the initial 
submission of an application to market the human biological product and 
continues until FDA grants permission to market the biological product. 
Although only a portion of a regulatory review period may count toward 
the actual amount of extension that the Director of USPTO may award 
(for example, half the testing phase must be subtracted as well as any 
time that may have occurred before the patent was issued), FDA's 
determination of the length of a regulatory review period for a human 
biological product will include all of the testing phase and approval 
phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved for marketing the human biologic product NUWIQ 
(Antihemophilic Factor (Recombinant)). NUWIQ is indicated for adults 
and children with Hemophilia A for:
     On-demand treatment and control of bleeding episodes;
     perioperative management of bleeding;
     routine prophylaxis to reduce the frequency of bleeding 
episodes.

Subsequent to this approval, the USPTO received a patent term 
restoration application for NUWIQ (U.S. Patent No. 7,572,619) from 
Octapharma AG, and the USPTO requested FDA's assistance in determining 
this patent's eligibility for patent term restoration. In a letter 
dated April 20, 2016, FDA advised the USPTO that this human biological 
product had undergone a regulatory review period and that the approval 
of NUWIQ represented the first permitted commercial marketing or use of 
the product. Thereafter, the USPTO requested that FDA determine the 
product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for 
NUWIQ is 2,622 days. Of this time, 2,165 days occurred during the 
testing phase of the regulatory review period, while 457 days occurred 
during the approval phase. These periods of time were derived from the 
following dates:
    1. The date an exemption under section 505(i) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective: July 2, 
2008. FDA has verified the applicant's claim that the date the 
investigational new drug application became effective was on July 2, 
2008.
    2. The date the application was initially submitted with respect to 
the human biological product under section 351 of the Public Health 
Service Act (42 U.S.C. 262): June 5, 2014. FDA has verified the 
applicant's claim that the biologics license application (BLA) for 
NUWIQ (BLA 125555/0) was initially submitted on June 5, 2014.
    3. The date the application was approved: September 4, 2015. FDA 
has verified the applicant's claim that BLA 125555/0 was approved on 
September 4, 2015.
    This determination of the regulatory review period establishes the 
maximum potential length of a patent extension. However, the USPTO 
applies several statutory limitations in its calculations of the actual 
period for patent extension. In its application for patent extension, 
this applicant seeks 1,336 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are 
incorrect may submit either electronic or written comments and ask for 
a redetermination (see DATES). Furthermore, any interested person may 
petition FDA for a determination regarding whether the applicant for 
extension acted with due diligence during the regulatory review period. 
To meet its burden, the petition must be timely (see DATES) and contain 
sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 
1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the 
format specified in 21 CFR 10.30.
    Submit petitions electronically to http://www.regulations.gov at 
Docket No. FDA-2013-S-0610. Submit written

[[Page 85976]]

petitions (two copies are required) to the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

    Dated: November 22, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-28654 Filed 11-28-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                    85974                              Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    Guidance for Industry on Expedited                                        programs’ policies and procedures and                                       submit to FDA as part of the application
                                                    Programs for Serious Conditions—                                          describes applicable threshold criteria,                                    (totaling 2,400 hours).
                                                    Drugs and Biologics OMB Control                                           including when to submit information                                           Breakthrough Therapy Designation
                                                    Number 0910–0765—Extension                                                to FDA. Respondents to the information                                      Request. The guidance describes the
                                                                                                                              collection are sponsors of drug and                                         process for sponsors to request
                                                       FDA has established four programs                                      biological products appropriate for these
                                                    intended to facilitate and expedite                                                                                                                   breakthrough therapy designation in an
                                                                                                                              expedited programs.
                                                    development and review of new drugs                                                                                                                   application. Based on information from
                                                                                                                                Priority Review Designation Request.
                                                    to address unmet medical needs in the                                     The guidance describes that a sponsor                                       FDA’s databases and information
                                                    treatment of serious or life-threatening                                  may expressly request priority review of                                    available to FDA, we estimate that
                                                    conditions: (1) Fast track designation                                    an application. Based on information                                        approximately 87 sponsors will prepare
                                                    including rolling review, (2)                                             from FDA’s databases and information                                        approximately 1.29 breakthrough
                                                    breakthrough therapy designation, (3)                                     available to FDA, we estimate that                                          therapy designation submissions in
                                                    accelerated approval, and (4) priority                                    approximately 48 sponsors will prepare                                      accordance with the guidance and that
                                                    review designation. In support of these                                   and submit approximately 1.7 priority                                       the added burden for each submission
                                                    programs, the Agency has developed the                                    review designation submissions that                                         will be approximately 70 hours to
                                                    guidance document, ‘‘Guidance For                                         receive a priority review in accordance                                     prepare and submit (totaling 7,910
                                                    Industry: Expedited Programs for                                          with the guidance and that the added                                        hours).
                                                    Serious Conditions—Drugs and                                              burden for each submission will be                                             Accordingly, we estimate the burden
                                                    Biologics.’’ The guidance outlines the                                    approximately 30 hours to develop and                                       of this information collection as follows:

                                                                                                                 TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                             Number of                                                Average
                                                                                                                                                  Number of                                            Total annual
                                                                     Guidance on expedited programs                                                                        responses per                                            burden per              Total hours
                                                                                                                                                 respondents                                            responses
                                                                                                                                                                             respondent                                              response

                                                    Priority Review Designation Request ..................................                                          48                       1.7                        80                           30            2,400
                                                    Breakthrough Therapy Designation Request ......................                                                 87                      1.29                       113                           70            7,910

                                                         Total ..............................................................................   ........................   ........................   ........................   ........................         10,310
                                                       1 There   are no capital costs or operating and maintenance costs associated with the information collection.


                                                      The guidance also refers to previously                                  and is publishing this notice of that                                       the docket unchanged. Because your
                                                    approved collections of information                                       determination as required by law. FDA                                       comment will be made public, you are
                                                    found in FDA regulations. The                                             has made the determination because of                                       solely responsible for ensuring that your
                                                    collections of information in 21 CFR                                      the submission of an application to the                                     comment does not include any
                                                    parts 202.1, 314, and 601, and sections                                   Director of the U.S. Patent and                                             confidential information that you or a
                                                    505(a), 506(a)(1), 735, and 736 of the                                    Trademark Office (USPTO), Department                                        third party may not wish to be posted,
                                                    Federal Food, Drug, and Cosmetic Act                                      of Commerce, for the extension of a                                         such as medical information, your or
                                                    (21 U.S.C. 355(a), 356(a)(1), 379(g), and                                 patent which claims that human                                              anyone else’s Social Security number, or
                                                    379(h)) have been approved under OMB                                      biological product.                                                         confidential business information, such
                                                    control numbers 0910–0686, 0910–0001,                                     DATES: Anyone with knowledge that any                                       as a manufacturing process. Please note
                                                    0910–0338, 0910–0014, and 0910–0297.                                      of the dates as published (see the                                          that if you include your name, contact
                                                      Dated: November 22, 2016.                                               SUPPLEMENTARY INFORMATION section) are                                      information, or other information that
                                                                                                                              incorrect may submit either electronic                                      identifies you in the body of your
                                                    Leslie Kux,
                                                                                                                              or written comments and ask for a                                           comments, that information will be
                                                    Associate Commissioner for Policy.
                                                                                                                              redetermination by January 30, 2017.                                        posted on http://www.regulations.gov.
                                                    [FR Doc. 2016–28732 Filed 11–28–16; 8:45 am]
                                                                                                                              Furthermore, any interested person may                                        • If you want to submit a comment
                                                    BILLING CODE 4164–01–P
                                                                                                                              petition FDA for a determination                                            with confidential information that you
                                                                                                                              regarding whether the applicant for                                         do not wish to be made available to the
                                                                                                                              extension acted with due diligence                                          public, submit the comment as a
                                                    DEPARTMENT OF HEALTH AND                                                                                                                              written/paper submission and in the
                                                    HUMAN SERVICES                                                            during the regulatory review period by
                                                                                                                              May 30, 2017. See ‘‘Petitions’’ in the                                      manner detailed (see ‘‘Written/Paper
                                                                                                                              SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                                                          Submissions’’ and ‘‘Instructions’’).
                                                    Food and Drug Administration
                                                                                                                              more information.                                                           Written/Paper Submissions
                                                    [Docket No. FDA–2016–E–0622]                                              ADDRESSES: You may submit comments                                            Submit written/paper submissions as
                                                                                                                              as follows:                                                                 follows:
                                                    Determination of Regulatory Review
                                                    Period for Purposes of Patent                                             Electronic Submissions                                                        • Mail/Hand delivery/Courier (for
                                                                                                                                                                                                          written/paper submissions): Division of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Extension; NUWIQ
                                                                                                                                Submit electronic comments in the                                         Dockets Management (HFA–305), Food
                                                    AGENCY:      Food and Drug Administration,                                following way:                                                              and Drug Administration, 5630 Fishers
                                                    HHS.                                                                        • Federal eRulemaking Portal: http://                                     Lane, Rm. 1061, Rockville, MD 20852.
                                                    ACTION:     Notice.                                                       www.regulations.gov. Follow the                                               • For written/paper comments
                                                                                                                              instructions for submitting comments.                                       submitted to the Division of Dockets
                                                    SUMMARY:   The Food and Drug                                              Comments submitted electronically,                                          Management, FDA will post your
                                                    Administration (FDA) has determined                                       including attachments, to http://                                           comment, as well as any attachments,
                                                    the regulatory review period for NUWIQ                                    www.regulations.gov will be posted to                                       except for information submitted,


                                               VerDate Sep<11>2014       17:48 Nov 28, 2016          Jkt 241001       PO 00000       Frm 00055       Fmt 4703        Sfmt 4703      E:\FR\FM\29NON1.SGM                29NON1


                                                                               Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                           85975

                                                    marked and identified, as confidential,                 Rm. 6250, Silver Spring, MD 20993,                    review period and that the approval of
                                                    if submitted as detailed in                             301–796–3600.                                         NUWIQ represented the first permitted
                                                    ‘‘Instructions.’’                                       SUPPLEMENTARY INFORMATION:                            commercial marketing or use of the
                                                       Instructions: All submissions received                                                                     product. Thereafter, the USPTO
                                                                                                            I. Background                                         requested that FDA determine the
                                                    must include the Docket No. FDA–
                                                    2016–E–0622 for ‘‘Determination of                         The Drug Price Competition and                     product’s regulatory review period.
                                                    Regulatory Review Period for Purposes                   Patent Term Restoration Act of 1984                   II. Determination of Regulatory Review
                                                    of Patent Extension; NUWIQ.’’ Received                  (Pub. L. 98–417) and the Generic                      Period
                                                    comments will be placed in the docket                   Animal Drug and Patent Term
                                                                                                            Restoration Act (Pub. L. 100–670)                        FDA has determined that the
                                                    and, except for those submitted as
                                                                                                            generally provide that a patent may be                applicable regulatory review period for
                                                    ‘‘Confidential Submissions,’’ publicly
                                                                                                            extended for a period of up to 5 years                NUWIQ is 2,622 days. Of this time,
                                                    viewable at http://www.regulations.gov
                                                                                                            so long as the patented item (human                   2,165 days occurred during the testing
                                                    or at the Division of Dockets
                                                                                                            drug product, animal drug product,                    phase of the regulatory review period,
                                                    Management between 9 a.m. and 4 p.m.,
                                                                                                            medical device, food additive, or color               while 457 days occurred during the
                                                    Monday through Friday.
                                                                                                            additive) was subject to regulatory                   approval phase. These periods of time
                                                       • Confidential Submissions—To                                                                              were derived from the following dates:
                                                    submit a comment with confidential                      review by FDA before the item was
                                                                                                            marketed. Under these acts, a product’s                  1. The date an exemption under
                                                    information that you do not wish to be                                                                        section 505(i) of the Federal Food, Drug,
                                                    made publicly available, submit your                    regulatory review period forms the basis
                                                                                                            for determining the amount of extension               and Cosmetic Act (21 U.S.C. 355(i))
                                                    comments only as a written/paper                                                                              became effective: July 2, 2008. FDA has
                                                    submission. You should submit two                       an applicant may receive.
                                                                                                               A regulatory review period consists of             verified the applicant’s claim that the
                                                    copies total. One copy will include the                                                                       date the investigational new drug
                                                    information you claim to be confidential                two periods of time: A testing phase and
                                                                                                            an approval phase. For human                          application became effective was on
                                                    with a heading or cover note that states                                                                      July 2, 2008.
                                                    ‘‘THIS DOCUMENT CONTAINS                                biological products, the testing phase
                                                                                                            begins when the exemption to permit                      2. The date the application was
                                                    CONFIDENTIAL INFORMATION.’’ The                                                                               initially submitted with respect to the
                                                    Agency will review this copy, including                 the clinical investigations of the
                                                                                                            biological becomes effective and runs                 human biological product under section
                                                    the claimed confidential information, in                                                                      351 of the Public Health Service Act (42
                                                    its consideration of comments. The                      until the approval phase begins. The
                                                                                                            approval phase starts with the initial                U.S.C. 262): June 5, 2014. FDA has
                                                    second copy, which will have the                                                                              verified the applicant’s claim that the
                                                    claimed confidential information                        submission of an application to market
                                                                                                            the human biological product and                      biologics license application (BLA) for
                                                    redacted/blacked out, will be available                                                                       NUWIQ (BLA 125555/0) was initially
                                                    for public viewing and posted on http://                continues until FDA grants permission
                                                                                                            to market the biological product.                     submitted on June 5, 2014.
                                                    www.regulations.gov. Submit both                                                                                 3. The date the application was
                                                    copies to the Division of Dockets                       Although only a portion of a regulatory
                                                                                                                                                                  approved: September 4, 2015. FDA has
                                                    Management. If you do not wish your                     review period may count toward the
                                                                                                                                                                  verified the applicant’s claim that BLA
                                                    name and contact information to be                      actual amount of extension that the
                                                                                                                                                                  125555/0 was approved on September 4,
                                                    made publicly available, you can                        Director of USPTO may award (for
                                                                                                                                                                  2015.
                                                    provide this information on the cover                   example, half the testing phase must be                  This determination of the regulatory
                                                    sheet and not in the body of your                       subtracted as well as any time that may               review period establishes the maximum
                                                    comments and you must identify this                     have occurred before the patent was                   potential length of a patent extension.
                                                    information as ‘‘confidential.’’ Any                    issued), FDA’s determination of the                   However, the USPTO applies several
                                                    information marked as ‘‘confidential’’                  length of a regulatory review period for              statutory limitations in its calculations
                                                    will not be disclosed except in                         a human biological product will include               of the actual period for patent extension.
                                                    accordance with 21 CFR 10.20 and other                  all of the testing phase and approval                 In its application for patent extension,
                                                    applicable disclosure law. For more                     phase as specified in 35 U.S.C.                       this applicant seeks 1,336 days of patent
                                                    information about FDA’s posting of                      156(g)(1)(B).                                         term extension.
                                                                                                               FDA has approved for marketing the
                                                    comments to public dockets, see 80 FR
                                                                                                            human biologic product NUWIQ                          III. Petitions
                                                    56469, September 18, 2015, or access
                                                                                                            (Antihemophilic Factor (Recombinant)).                   Anyone with knowledge that any of
                                                    the information at: http://www.fda.gov/
                                                                                                            NUWIQ is indicated for adults and                     the dates as published are incorrect may
                                                    regulatoryinformation/dockets/
                                                                                                            children with Hemophilia A for:                       submit either electronic or written
                                                    default.htm.
                                                                                                               • On-demand treatment and control                  comments and ask for a redetermination
                                                       Docket: For access to the docket to                  of bleeding episodes;                                 (see DATES). Furthermore, any interested
                                                    read background documents or the                           • perioperative management of                      person may petition FDA for a
                                                    electronic and written/paper comments                   bleeding;                                             determination regarding whether the
                                                    received, go to http://                                    • routine prophylaxis to reduce the                applicant for extension acted with due
                                                    www.regulations.gov and insert the                      frequency of bleeding episodes.                       diligence during the regulatory review
                                                    docket number, found in brackets in the
                                                                                                            Subsequent to this approval, the USPTO                period. To meet its burden, the petition
                                                    heading of this document, into the
                                                                                                            received a patent term restoration                    must be timely (see DATES) and contain
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ‘‘Search’’ box and follow the prompts
                                                                                                            application for NUWIQ (U.S. Patent No.                sufficient facts to merit an FDA
                                                    and/or go to the Division of Dockets
                                                                                                            7,572,619) from Octapharma AG, and                    investigation. (See H. Rept. 857, part 1,
                                                    Management, 5630 Fishers Lane, Rm.
                                                                                                            the USPTO requested FDA’s assistance                  98th Cong., 2d sess., pp. 41–42, 1984.)
                                                    1061, Rockville, MD 20852.
                                                                                                            in determining this patent’s eligibility              Petitions should be in the format
                                                    FOR FURTHER INFORMATION CONTACT:                        for patent term restoration. In a letter              specified in 21 CFR 10.30.
                                                    Beverly Friedman, Office of Regulatory                  dated April 20, 2016, FDA advised the                    Submit petitions electronically to
                                                    Policy, Food and Drug Administration,                   USPTO that this human biological                      http://www.regulations.gov at Docket
                                                    10903 New Hampshire Ave., Bldg. 51,                     product had undergone a regulatory                    No. FDA–2013–S–0610. Submit written


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                                                    85976                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    petitions (two copies are required) to the              instructions for submitting comments.                 the claimed confidential information, in
                                                    Division of Dockets Management (HFA–                    Comments submitted electronically,                    its consideration of comments. The
                                                    305), Food and Drug Administration,                     including attachments, to https://                    second copy, which will have the
                                                    5630 Fishers Lane, Rm. 1061, Rockville,                 www.regulations.gov/ will be posted to                claimed confidential information
                                                    MD 20852.                                               the docket unchanged. Because your                    redacted/blacked out, will be available
                                                      Dated: November 22, 2016.                             comment will be made public, you are                  for public viewing and posted on
                                                                                                            solely responsible for ensuring that your             https://www.regulations.gov/. Submit
                                                    Leslie Kux,
                                                                                                            comment does not include any                          both copies to the Division of Dockets
                                                    Associate Commissioner for Policy.
                                                                                                            confidential information that you or a                Management. If you do not wish your
                                                    [FR Doc. 2016–28654 Filed 11–28–16; 8:45 am]            third party may not wish to be posted,                name and contact information to be
                                                    BILLING CODE 4164–01–P                                  such as medical information, your or                  made publicly available, you can
                                                                                                            anyone else’s Social Security number, or              provide this information on the cover
                                                                                                            confidential business information, such               sheet and not in the body of your
                                                    DEPARTMENT OF HEALTH AND                                as a manufacturing process. Please note               comments and you must identify this
                                                    HUMAN SERVICES                                          that if you include your name, contact                information as ‘‘confidential.’’ Any
                                                                                                            information, or other information that                information marked as ‘‘confidential’’
                                                    Food and Drug Administration
                                                                                                            identifies you in the body of your                    will not be disclosed except in
                                                    [Docket No. FDA–2013–D–0349]                            comments, that information will be                    accordance with 21 CFR 10.20 and other
                                                                                                            posted on https://www.regulations.gov/.               applicable disclosure law. For more
                                                    Providing Postmarketing Periodic                          • If you want to submit a comment                   information about FDA’s posting of
                                                    Safety Reports in the International                     with confidential information that you                comments to public dockets, see 80 FR
                                                    Council for Harmonisation E2C(R2)                       do not wish to be made available to the               56469, September 18, 2015, or access
                                                    Format (Periodic Benefit-Risk                           public, submit the comment as a                       the information at: http://www.fda.gov/
                                                    Evaluation Report); Guidance for                        written/paper submission and in the                   regulatoryinformation/dockets/
                                                    Industry; Availability                                  manner detailed (see ‘‘Written/Paper                  default.htm.
                                                    AGENCY:    Food and Drug Administration,                Submissions’’ and ‘‘Instructions’’).
                                                                                                                                                                     Docket: For access to the docket to
                                                    HHS.                                      Written/Paper Submissions                                           read background documents or the
                                                    ACTION:   Notice of availability.            Submit written/paper submissions as                              electronic and written/paper comments
                                                                                              follows:                                                            received, go to https://
                                                    SUMMARY: The Food and Drug
                                                                                                 • Mail/Hand delivery/Courier (for                                www.regulations.gov/ and insert the
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asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    ADDRESSES: You may submit comments        comments only as a written/paper                                    Research, Food and Drug
                                                    as follows:                               submission. You should submit two                                   Administration, 10903 New Hampshire
                                                                                              copies total. One copy will include the                             Ave., Bldg. 22, Rm. 4466, Silver Spring,
                                                    Electronic Submissions                    information you claim to be confidential                            MD 20993–0002, 301–796–2380; or
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Document Created: 2016-11-29 00:33:33
Document Modified: 2016-11-29 00:33:33
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.
DatesAnyone with knowledge that any of the dates as published (see the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by January 30, 2017. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by May 30, 2017. See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more information.
ContactBeverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.
FR Citation81 FR 85974 

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