82_FR_28612 82 FR 28493 - Administering the Hatch-Waxman Amendments: Ensuring a Balance Between Innovation and Access; Public Meeting; Request for Comments

82 FR 28493 - Administering the Hatch-Waxman Amendments: Ensuring a Balance Between Innovation and Access; Public Meeting; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 119 (June 22, 2017)

Page Range28493-28496
FR Document2017-12641

The Food and Drug Administration (FDA or the Agency) is announcing the following meeting: ``The Hatch-Waxman Amendments: Ensuring a Balance Between Innovation and Access.'' This public meeting is intended to provide the public an opportunity to submit comments concerning administration of the Hatch-Waxman Amendments to the Federal Food, Drug, and Cosmetic Act (FD&C Act) to help ensure the intended balance between encouraging innovation in drug development and accelerating the availability to the public of lower cost alternatives to innovator drugs is maintained.

Federal Register, Volume 82 Issue 119 (Thursday, June 22, 2017)
[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28493-28496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12641]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-3615]


Administering the Hatch-Waxman Amendments: Ensuring a Balance 
Between Innovation and Access; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the following meeting: ``The Hatch-Waxman Amendments: 
Ensuring a Balance Between Innovation and Access.'' This public meeting 
is intended to provide the public an opportunity to submit comments 
concerning administration of the Hatch-Waxman Amendments to the Federal 
Food, Drug, and Cosmetic Act (FD&C Act) to help ensure the intended 
balance between encouraging innovation in drug development and 
accelerating the availability to the public of lower cost alternatives 
to innovator drugs is maintained.

DATES: The meeting will be held on July 18, 2017, from 9 a.m. to 5 p.m. 
The deadline for submitting comments regarding this meeting is 
September 18, 2017.

ADDRESSES: The meeting will be held at the FDA White Oak Campus, 10903 
New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 
1503), Silver Spring, MD 20993. Entrance for the public meeting 
participants (non-FDA employees) is through Building 1, where routine 
security check procedures will be performed. For parking and security 
information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows. Please note that late, untimely 
filed comments will not be considered. Electronic comments must be 
submitted on or before September 18, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of September 18, 2017. Comments 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:

[[Page 28494]]

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2017-N-3615 for ``Administering the Hatch-Waxman Amendments: 
Ensuring a Balance Between Innovation and Access; Public Meeting; 
Request for Comments.'' Received comments, those filed in a timely 
manner (see ADDRESSES), will be placed in the docket and, except for 
those submitted as ``Confidential Submissions,'' publicly viewable at 
https://www.regulations.gov or at the Dockets Management Staff 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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. 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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Philip Bonforte, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 75, Rm. 1668, Silver Spring, MD 20993, 240-402-
6980, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    With the Drug Price Competition and Patent Term Restoration Act of 
1984 (Pub. L. 98-417) (Hatch-Waxman Amendments), Congress intended to 
strike a balance between encouraging innovation in drug development and 
accelerating the availability to the public of lower cost alternatives 
to innovator drugs. See H.R. Rep. No. 98-857 (Part I), 98th Cong, 2d 
Sess. At 14-15 (1984), reprinted in 1984 U.S.C.C.A.N. 2647-48; see 
also, e.g., Teva Pharmaceutical Industries Ltd. v. Crawford, 410 F.3d 
51, 54 (D.C. Cir. 2005). To provide incentives intended to encourage 
the development of innovative new drugs and new uses of approved drugs, 
the Hatch-Waxman Amendments provided sponsors of innovator drugs with 
exclusivity and protections based on patent listings that protect 
certain aspects of innovator drugs from generic competition for certain 
periods of time. To ensure the availability of generic drugs, the 
Hatch-Waxman Amendments created an abbreviated new drug application 
(ANDA) process that allows sponsors of generic drugs to rely on the 
Agency's finding of safety and effectiveness for innovator drugs in 
seeking approval of their generic products after patent or marketing 
exclusivity protections held by the innovator expire or are otherwise 
removed.
    FDA's generic drug program has dramatically expanded access to 
quality, affordable generic medicines. According to the IMS Institute 
for Healthcare Informatics, generic drugs saved the U.S healthcare 
system $1.68 trillion from 2005-2014.\1\
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    \1\ IMS Health Institute for Healthcare Informatics (April 
2015), available at http://www.imshealth.com/en/thought-leadership/quintilesims-institute/reports.
---------------------------------------------------------------------------

    Over the past several years, the Agency has undertaken major 
initiatives to expand access to quality, affordable generic medicines. 
For example, pursuant to the Generic Drug User Fee Amendments of 2012 
(GDUFA I), FDA modernized the ANDA review program, and adopted metric 
goals to promote timely and predictable ANDA review. As a result, in 
Fiscal Year 2016, combined ANDA approvals and tentative approvals 
reached record highs. Pursuant to the proposed GDUFA II,\2\ FDA would 
further enhance the ANDA review program by clarifying regulatory 
expectations early in product development, helping applicants develop 
more complete submissions, and giving applicants more opportunities to 
address deficiencies within a review cycle, all with the goal of 
reducing the number of review cycles necessary to obtain ANDA approval.
---------------------------------------------------------------------------

    \2\ GDUFA Reauthorization Performance Goals and Program 
Enhancements Fiscal Years 2018-2022 (October 2016), available at 
https://www.fda.gov/downloads/forindustry/userfees/genericdruguserfees/ucm525234.pdf.
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    The development and approval of an innovator drug, and the 
subsequent approval and marketing of a generic version, together make 
up the life cycle of that drug product as contemplated by the Hatch-
Waxman Amendments.
    At the front end of the life cycle, innovation in drug products--
including improvements to approved innovator drug products--provides 
life-changing and oftentimes life-saving therapeutic benefits to 
patients. In enacting the Hatch-Waxman Amendments, Congress recognized 
the importance of providing incentives to develop new products, and

[[Page 28495]]

new conditions of use for approved products. To further incentivize 
innovation, Congress subsequently established additional incentives in 
the form of exclusivity periods for drug products studied in pediatric 
populations, rare diseases, and new antibiotic treatments. Congress 
also provided a period of 180-day exclusivity for certain first generic 
applications as an incentive for generic manufacturers to challenge 
patents on innovator drugs that might otherwise prevent approval or 
delay generic entry into the market. These exclusivities, which are 
generally designed to reward sponsors with finite periods of limited or 
no generic or follow-on competition, were intended to expand the 
availability of safe and effective medicines for which insufficient or 
no treatment previously existed or to encourage generic drug 
development that might not have been profitable otherwise.
    In some cases, however, the legal framework surrounding these 
exclusivities may have been applied to delay generic competition to an 
extent that may not have been intended by the Hatch-Waxman Amendments, 
and in ways that may not serve the public health. Relatedly, certain 
elements of the approval process for both innovator and generic drugs 
have been used in ways that may (depending on the circumstances) 
inappropriately hinder generic competition. For example, innovators in 
some cases have made late changes in patent use codes that create new 
obstacles to previously acceptable labeling carve-outs. The entry of 
generic products to the marketplace is also affected by factors 
external to regulation under the FD&C Act--e.g., the outcome of private 
party patent litigation, and commercial decisions not to market 
approved innovator or generic products. In other cases, restrictions on 
the distribution of innovator drug products, whether voluntarily 
adopted by the innovator or imposed as a requirement of FDA regulation, 
have prevented developers from accessing the product samples needed for 
testing to support ANDAs or other follow-on applications.
    FDA will hold a public meeting on July 18, 2017, 9 a.m. to 5 p.m., 
to provide an opportunity for all interested stakeholders to submit 
comments concerning the appropriate balance between encouraging 
innovation in drug development and accelerating the availability to the 
public of lower cost alternatives to innovator drugs.
    The format of the meeting involves presentations from the public 
only. The Agency will not be inviting specific presenters; rather, with 
this document, FDA is soliciting presentations from interested 
stakeholders. FDA also invites interested persons to submit written 
comments to the docket on the topics described in section II.

II. Topics for This Public Meeting

    FDA is soliciting input from the public concerning how best to 
preserve the balance Congress intended to strike in the Hatch-Waxman 
Amendments between encouraging innovation in drug development and 
accelerating the availability to the public of lower cost alternatives 
to innovator drugs. Preserving this balance is critical to the public 
health, and innovators, generic drug manufacturers, and FDA (among 
others) all have a role to play in maintaining it. This public meeting 
is part of an effort to create a broader understanding of the interplay 
between the existing legal and regulatory framework, available 
incentives and marketplace practices, and consumer access to generic 
drugs.
    The Agency welcomes any relevant information that stakeholders wish 
to share. We are particularly interested in stakeholder input on the 
following questions:
    1. How has the balance struck in the Hatch-Waxman Amendments been 
affected by practices and trends related to the following:
    a. Exclusivity periods,
    b. Patents (including patent listing procedures),
    c. Innovator drug product labeling,
    d. Post-approval changes to innovator drug products, e.g., 
reformulations, and
    e. Other regulatory processes, including the citizen petition 
process?
    2. The drugs described in more than half of all FDA-approved ANDAs 
are never marketed, marketed only after a substantial delay after 
approval, or marketed only intermittently. Such failures to market 
contribute to drug shortages, and hinder consumer access to approved 
products. What marketplace dynamics dis-incentivize the marketing of 
approved generic products? What should FDA do, within its statutory 
authority, to help more approved generics reach consumers?
    3. For approximately 10 percent of all innovator drugs, patent and 
exclusivity protections have expired, but FDA has not received an ANDA. 
Are there market niches where the Hatch-Waxman Amendments incentives to 
develop an ANDA are insufficient? Similarly, are there niches where the 
incentives are insufficient to seek new drug approval of a marketed 
unapproved drug product that in turn could serve as a Reference Listed 
Drug? What should FDA do, consistent with its legal authority, to 
encourage submission development in any such market niches?
    4. The statutory requirement that Risk Evaluation and Mitigation 
Strategies (REMS) that include elements to assure safe use (ETASU) be 
implemented through a ``single shared system'' relies on brand and 
generic companies agreeing on such a system before generic drugs may 
come to market. In some cases, challenges in reaching such an agreement 
between the parties may cause delays to generic competition. How should 
FDA apply its statutory authority to waive this requirement to 
implement a ``single shared system,'' or develop other administrative 
tools, to avoid these delays?
    5. Restrictions on distribution, either required by innovators or 
as part of a REMS ETASU, can prevent generic companies from obtaining 
drug products for bioequivalence and other testing to support ANDA 
submissions. FDA published a draft guidance for industry, entitled 
``How to Obtain a Letter from the Food and Drug Administration Stating 
That Bioequivalence Study Protocols Contain Safety Protections 
Comparable to Applicable Risk and Evaluation Mitigation Studies for 
Reference Listed Drugs,'' in December 2014. Despite this draft 
guidance, generic companies have reported continuing difficulties 
obtaining sufficient samples of drug products for testing. What 
additional actions should FDA take, within its legal authority, to 
promote access to these drug products for generic companies seeking to 
conduct studies required to support ANDA submissions?
    6. What other elements of drug product development, regulation, and 
marketing have the potential to disrupt the Hatch-Waxman Amendments' 
balance between innovation and generic availability, and how should the 
Agency and other stakeholders address them?
    Registration and Requests for Oral Presentations: Send registration 
information (including name, title, firm name, address, telephone, 
email address, and fax number), and written material and requests to 
make oral presentations, to the contact person by July 3, 2017.
    If you need special accommodations due to a disability, please 
contact Philip Bonforte (see FOR FURTHER INFORMATION CONTACT) at least 
7 days in advance.
    Transcripts: Please be advised that as soon as a transcript is 
available, it will be accessible at https://www.regulations.gov. It may 
be viewed at the Dockets Management Staff (see ADDRESSES).


[[Page 28496]]


    Dated: June 14, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12641 Filed 6-21-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                               Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices                                                   28493

                                                other stakeholder feedback and                           type of potentially violative promotional               violations of the Tobacco Control Act
                                                notification of potential violations of the              materials; who potentially violated; and                through the following methods: Calling
                                                FD&C Act, as amended by the Tobacco                      the name, address, phone number, and                    the Tobacco Call Center using the
                                                Control Act.                                             email address of the potential violator.                Center for Tobacco Products’ (CTP) toll-
                                                  FDA created a Tobacco Call Center                      The caller will also be asked to list the               free number; using a fillable Form FDA
                                                (with a toll-free number: 1–877–CTP–                     potential violator’s Web site (if                       3779 found on FDA’s Web site;
                                                1373). Callers are able to report                        available), describe the potential                      downloading a PDF version of the form
                                                potential violations of the Tobacco                      violation, and provide any additional                   to send via email or mail to FDA;
                                                Control Act, and FDA may conduct                         files or information pertinent to the                   requesting a copy of Form FDA 3779 by
                                                followup investigations based on                         potential violation.                                    contacting CTP and sending by mail to
                                                information received. When callers                          FDA currently provides a form that                   FDA; and sending a letter to FDA’s CTP.
                                                report a violation, the caller will be                   may be used to solicit this information                    In the Federal Register of November
                                                asked to provide as much certain                         from the caller (Form FDA 3779,                         7, 2016 (81 FR 78166), FDA published
                                                information as they can recall,                          Potential Tobacco Product Violations                    a 60-day notice requesting public
                                                including: The date the potential                        Report), and seeks renewal of Form FDA                  comment on the proposed collection of
                                                violation occurred; product type (e.g.,                  3779. This form is posted on FDA’s Web                  information. No comments were
                                                cigarette, smokeless, roll-your-own,                     site. The public and interested                         received.
                                                cigar, e-cigarette, hookah, pipe tobacco);               stakeholders are also able to report                       FDA estimates the burden of this
                                                tobacco brand; potential violation type;                 information regarding possible                          collection of information as follows:

                                                                                                TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                  Number of
                                                                                                                Number of                            Total annual         Average burden
                                                             Activity and FDA Form 3779                                         responses per                                                        Total hours
                                                                                                               respondents                            responses            per response
                                                                                                                                  respondent

                                                Reporting violations of the FD&C Act, as                          750                   2               1,500        0.25 (15 minutes) ...........      375
                                                  amended by the Tobacco Control Act via tele-
                                                  phone, Internet form, mail, smartphone appli-
                                                  cation, or email.
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   FDA estimates that submitting the                     DEPARTMENT OF HEALTH AND                                regarding this meeting is September 18,
                                                information (by telephone, Internet                      HUMAN SERVICES                                          2017.
                                                form, paper form by mail, or email) will                                                                         ADDRESSES: The meeting will be held at
                                                take 0.25 hour (i.e., 15 minutes) per                    Food and Drug Administration                            the FDA White Oak Campus, 10903
                                                response. Based on the type and rate of                  [Docket No. FDA–2017–N–3615]                            New Hampshire Ave., Bldg. 31
                                                reporting that has been submitted                                                                                Conference Center, the Great Room (Rm.
                                                through the Potential Tobacco Violation                  Administering the Hatch-Waxman                          1503), Silver Spring, MD 20993.
                                                Reporting Form in the past, in addition                  Amendments: Ensuring a Balance                          Entrance for the public meeting
                                                to the increase that FDA has recently                    Between Innovation and Access;                          participants (non-FDA employees) is
                                                experienced in the rate of reporting due                 Public Meeting; Request for Comments                    through Building 1, where routine
                                                to the recent rule, ‘‘Deeming Tobacco                                                                            security check procedures will be
                                                                                                         AGENCY:     Food and Drug Administration,               performed. For parking and security
                                                Products To Be Subject to the Federal
                                                                                                         HHS.                                                    information, please refer to http://
                                                Food, Drug, and Cosmetic Act, as
                                                Amended by the Family Smoking                            ACTION: Notice of public meeting;                       www.fda.gov/AboutFDA/
                                                Prevention and Tobacco Control Act,’’                    request for comments.                                   WorkingatFDA/BuildingsandFacilities/
                                                FDA estimates the number of annual                                                                               WhiteOakCampusInformation/
                                                                                                         SUMMARY:   The Food and Drug                            ucm241740.htm.
                                                respondents to this collection of                        Administration (FDA or the Agency) is
                                                information will be 750, who will each                                                                              You may submit comments as
                                                                                                         announcing the following meeting: ‘‘The                 follows. Please note that late, untimely
                                                submit 2 reports by telephone, Internet                  Hatch-Waxman Amendments: Ensuring                       filed comments will not be considered.
                                                form, paper form, or email. Each report                  a Balance Between Innovation and                        Electronic comments must be submitted
                                                is expected to take 0.25 hour to                         Access.’’ This public meeting is                        on or before September 18, 2017. The
                                                complete and submit; therefore, total                    intended to provide the public an                       https://www.regulations.gov electronic
                                                burden hours for this collection of                      opportunity to submit comments                          filing system will accept comments
                                                information is estimated to be 375 hours                 concerning administration of the Hatch-                 until midnight Eastern Time at the end
                                                (1,500 responses x 0.25 hour per                         Waxman Amendments to the Federal                        of September 18, 2017. Comments
                                                response).                                               Food, Drug, and Cosmetic Act (FD&C                      received by mail/hand delivery/courier
                                                                                                         Act) to help ensure the intended balance                (for written/paper submissions) will be
                                                  Dated: June 12, 2017.
                                                                                                         between encouraging innovation in drug
sradovich on DSK3GMQ082PROD with NOTICES




                                                Anna K. Abram,                                                                                                   considered timely if they are
                                                                                                         development and accelerating the                        postmarked or the delivery service
                                                Deputy Commissioner for Policy, Planning,                availability to the public of lower cost
                                                Legislation, and Analysis.                                                                                       acceptance receipt is on or before that
                                                                                                         alternatives to innovator drugs is                      date.
                                                [FR Doc. 2017–13018 Filed 6–21–17; 8:45 am]              maintained.
                                                BILLING CODE 4164–01–P                                                                                           Electronic Submissions
                                                                                                         DATES: The meeting will be held on July
                                                                                                         18, 2017, from 9 a.m. to 5 p.m. The                       Submit electronic comments in the
                                                                                                         deadline for submitting comments                        following way:


                                           VerDate Sep<11>2014    16:08 Jun 21, 2017   Jkt 241001   PO 00000    Frm 00026   Fmt 4703   Sfmt 4703   E:\FR\FM\22JNN1.SGM   22JNN1


                                                28494                         Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices

                                                  • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The                        protections based on patent listings that
                                                https://www.regulations.gov. Follow the                 Agency will review this copy, including                protect certain aspects of innovator
                                                instructions for submitting comments.                   the claimed confidential information, in               drugs from generic competition for
                                                Comments submitted electronically,                      its consideration of comments. The                     certain periods of time. To ensure the
                                                including attachments, to https://                      second copy, which will have the                       availability of generic drugs, the Hatch-
                                                www.regulations.gov will be posted to                   claimed confidential information                       Waxman Amendments created an
                                                the docket unchanged. Because your                      redacted/blacked out, will be available                abbreviated new drug application
                                                comment will be made public, you are                    for public viewing and posted on                       (ANDA) process that allows sponsors of
                                                solely responsible for ensuring that your               https://www.regulations.gov. Submit                    generic drugs to rely on the Agency’s
                                                comment does not include any                            both copies to the Dockets Management                  finding of safety and effectiveness for
                                                confidential information that you or a                  Staff. If you do not wish your name and                innovator drugs in seeking approval of
                                                third party may not wish to be posted,                  contact information to be made publicly                their generic products after patent or
                                                such as medical information, your or                    available, you can provide this                        marketing exclusivity protections held
                                                anyone else’s Social Security number, or                information on the cover sheet and not                 by the innovator expire or are otherwise
                                                confidential business information, such                 in the body of your comments and you                   removed.
                                                as a manufacturing process. Please note                 must identify this information as                         FDA’s generic drug program has
                                                that if you include your name, contact                  ‘‘confidential.’’ Any information marked               dramatically expanded access to quality,
                                                information, or other information that                  as ‘‘confidential’’ will not be disclosed              affordable generic medicines. According
                                                identifies you in the body of your                      except in accordance with 21 CFR 10.20                 to the IMS Institute for Healthcare
                                                comments, that information will be                      and other applicable disclosure law. For               Informatics, generic drugs saved the U.S
                                                posted on https://www.regulations.gov.                  more information about FDA’s posting                   healthcare system $1.68 trillion from
                                                  • If you want to submit a comment                     of comments to public dockets, see 80                  2005–2014.1
                                                with confidential information that you                  FR 56469, September 18, 2015, or access                   Over the past several years, the
                                                do not wish to be made available to the                 the information at: https://www.gpo.gov/               Agency has undertaken major initiatives
                                                public, submit the comment as a                         fdsys/pkg/FR-2015-09-18/pdf/2015-                      to expand access to quality, affordable
                                                written/paper submission and in the                     23389.pdf.                                             generic medicines. For example,
                                                manner detailed (see ‘‘Written/Paper                       Docket: For access to the docket to                 pursuant to the Generic Drug User Fee
                                                Submissions’’ and ‘‘Instructions’’).                    read background documents or the                       Amendments of 2012 (GDUFA I), FDA
                                                Written/Paper Submissions                               electronic and written/paper comments                  modernized the ANDA review program,
                                                                                                        received, go to https://                               and adopted metric goals to promote
                                                   Submit written/paper submissions as                  www.regulations.gov and insert the                     timely and predictable ANDA review.
                                                follows:                                                docket number, found in brackets in the                As a result, in Fiscal Year 2016,
                                                   • Mail/Hand delivery/Courier (for                                                                           combined ANDA approvals and
                                                                                                        heading of this document, into the
                                                written/paper submissions): Dockets                                                                            tentative approvals reached record
                                                                                                        ‘‘Search’’ box and follow the prompts
                                                Management Staff (HFA–305), Food and                                                                           highs. Pursuant to the proposed GDUFA
                                                                                                        and/or go to the Dockets Management
                                                Drug Administration, 5630 Fishers                                                                              II,2 FDA would further enhance the
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                           ANDA review program by clarifying
                                                   • For written/paper comments                         Rockville, MD 20852.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                       regulatory expectations early in product
                                                submitted to the Dockets Management
                                                                                                        Philip Bonforte, Center for Drug                       development, helping applicants
                                                Staff, FDA will post your comment, as
                                                                                                        Evaluation and Research, Food and                      develop more complete submissions,
                                                well as any attachments, except for
                                                                                                        Drug Administration, 10903 New                         and giving applicants more
                                                information submitted, marked and
                                                                                                        Hampshire Ave., Bldg. 75, Rm. 1668,                    opportunities to address deficiencies
                                                identified, as confidential, if submitted
                                                                                                        Silver Spring, MD 20993, 240–402–                      within a review cycle, all with the goal
                                                as detailed in ‘‘Instructions.’’
                                                   Instructions: All submissions received               6980, email:                                           of reducing the number of review cycles
                                                must include the Docket No. FDA–                        GenericDrugPolicy@fda.hhs.gov.                         necessary to obtain ANDA approval.
                                                                                                                                                                  The development and approval of an
                                                2017–N–3615 for ‘‘Administering the                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                               innovator drug, and the subsequent
                                                Hatch-Waxman Amendments: Ensuring
                                                                                                        I. Background                                          approval and marketing of a generic
                                                a Balance Between Innovation and
                                                                                                           With the Drug Price Competition and                 version, together make up the life cycle
                                                Access; Public Meeting; Request for
                                                                                                        Patent Term Restoration Act of 1984                    of that drug product as contemplated by
                                                Comments.’’ Received comments, those
                                                                                                        (Pub. L. 98–417) (Hatch-Waxman                         the Hatch-Waxman Amendments.
                                                filed in a timely manner (see
                                                                                                                                                                  At the front end of the life cycle,
                                                ADDRESSES), will be placed in the docket                Amendments), Congress intended to
                                                                                                                                                               innovation in drug products—including
                                                and, except for those submitted as                      strike a balance between encouraging
                                                                                                                                                               improvements to approved innovator
                                                ‘‘Confidential Submissions,’’ publicly                  innovation in drug development and
                                                                                                                                                               drug products—provides life-changing
                                                viewable at https://www.regulations.gov                 accelerating the availability to the
                                                                                                                                                               and oftentimes life-saving therapeutic
                                                or at the Dockets Management Staff                      public of lower cost alternatives to
                                                                                                                                                               benefits to patients. In enacting the
                                                between 9 a.m. and 4 p.m., Monday                       innovator drugs. See H.R. Rep. No. 98–
                                                                                                                                                               Hatch-Waxman Amendments, Congress
                                                through Friday.                                         857 (Part I), 98th Cong, 2d Sess. At 14–
                                                                                                                                                               recognized the importance of providing
                                                   • Confidential Submissions—To                        15 (1984), reprinted in 1984
                                                                                                                                                               incentives to develop new products, and
                                                submit a comment with confidential                      U.S.C.C.A.N. 2647–48; see also, e.g.,
                                                information that you do not wish to be                  Teva Pharmaceutical Industries Ltd. v.
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                                                                                                                                                                 1 IMS Health Institute for Healthcare Informatics
                                                made publicly available, submit your                    Crawford, 410 F.3d 51, 54 (D.C. Cir.                   (April 2015), available at http://
                                                comments only as a written/paper                        2005). To provide incentives intended                  www.imshealth.com/en/thought-leadership/
                                                submission. You should submit two                       to encourage the development of                        quintilesims-institute/reports.
                                                                                                                                                                 2 GDUFA Reauthorization Performance Goals and
                                                copies total. One copy will include the                 innovative new drugs and new uses of
                                                                                                                                                               Program Enhancements Fiscal Years 2018–2022
                                                information you claim to be confidential                approved drugs, the Hatch-Waxman                       (October 2016), available at https://www.fda.gov/
                                                with a heading or cover note that states                Amendments provided sponsors of                        downloads/forindustry/userfees/
                                                ‘‘THIS DOCUMENT CONTAINS                                innovator drugs with exclusivity and                   genericdruguserfees/ucm525234.pdf.



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                                                                              Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices                                            28495

                                                new conditions of use for approved                      interested stakeholders. FDA also                      encourage submission development in
                                                products. To further incentivize                        invites interested persons to submit                   any such market niches?
                                                innovation, Congress subsequently                       written comments to the docket on the                     4. The statutory requirement that Risk
                                                established additional incentives in the                topics described in section II.                        Evaluation and Mitigation Strategies
                                                form of exclusivity periods for drug                                                                           (REMS) that include elements to assure
                                                                                                        II. Topics for This Public Meeting
                                                products studied in pediatric                                                                                  safe use (ETASU) be implemented
                                                populations, rare diseases, and new                        FDA is soliciting input from the                    through a ‘‘single shared system’’ relies
                                                antibiotic treatments. Congress also                    public concerning how best to preserve                 on brand and generic companies
                                                provided a period of 180-day exclusivity                the balance Congress intended to strike                agreeing on such a system before generic
                                                for certain first generic applications as               in the Hatch-Waxman Amendments                         drugs may come to market. In some
                                                an incentive for generic manufacturers                  between encouraging innovation in drug                 cases, challenges in reaching such an
                                                to challenge patents on innovator drugs                 development and accelerating the                       agreement between the parties may
                                                that might otherwise prevent approval                   availability to the public of lower cost               cause delays to generic competition.
                                                or delay generic entry into the market.                 alternatives to innovator drugs.                       How should FDA apply its statutory
                                                These exclusivities, which are generally                Preserving this balance is critical to the             authority to waive this requirement to
                                                designed to reward sponsors with finite                 public health, and innovators, generic                 implement a ‘‘single shared system,’’ or
                                                periods of limited or no generic or                     drug manufacturers, and FDA (among                     develop other administrative tools, to
                                                follow-on competition, were intended to                 others) all have a role to play in                     avoid these delays?
                                                expand the availability of safe and                     maintaining it. This public meeting is
                                                effective medicines for which                                                                                     5. Restrictions on distribution, either
                                                                                                        part of an effort to create a broader
                                                insufficient or no treatment previously                                                                        required by innovators or as part of a
                                                                                                        understanding of the interplay between
                                                existed or to encourage generic drug                                                                           REMS ETASU, can prevent generic
                                                                                                        the existing legal and regulatory
                                                development that might not have been                                                                           companies from obtaining drug
                                                                                                        framework, available incentives and
                                                profitable otherwise.                                                                                          products for bioequivalence and other
                                                                                                        marketplace practices, and consumer
                                                   In some cases, however, the legal                                                                           testing to support ANDA submissions.
                                                                                                        access to generic drugs.
                                                framework surrounding these                                                                                    FDA published a draft guidance for
                                                                                                           The Agency welcomes any relevant                    industry, entitled ‘‘How to Obtain a
                                                exclusivities may have been applied to                  information that stakeholders wish to
                                                delay generic competition to an extent                                                                         Letter from the Food and Drug
                                                                                                        share. We are particularly interested in               Administration Stating That
                                                that may not have been intended by the                  stakeholder input on the following
                                                Hatch-Waxman Amendments, and in                                                                                Bioequivalence Study Protocols Contain
                                                                                                        questions:                                             Safety Protections Comparable to
                                                ways that may not serve the public                         1. How has the balance struck in the
                                                health. Relatedly, certain elements of                                                                         Applicable Risk and Evaluation
                                                                                                        Hatch-Waxman Amendments been                           Mitigation Studies for Reference Listed
                                                the approval process for both innovator                 affected by practices and trends related
                                                and generic drugs have been used in                                                                            Drugs,’’ in December 2014. Despite this
                                                                                                        to the following:                                      draft guidance, generic companies have
                                                ways that may (depending on the                            a. Exclusivity periods,
                                                circumstances) inappropriately hinder                                                                          reported continuing difficulties
                                                                                                           b. Patents (including patent listing                obtaining sufficient samples of drug
                                                generic competition. For example,
                                                                                                        procedures),                                           products for testing. What additional
                                                innovators in some cases have made late
                                                                                                           c. Innovator drug product labeling,                 actions should FDA take, within its
                                                changes in patent use codes that create
                                                new obstacles to previously acceptable                     d. Post-approval changes to innovator               legal authority, to promote access to
                                                labeling carve-outs. The entry of generic               drug products, e.g., reformulations, and               these drug products for generic
                                                products to the marketplace is also                        e. Other regulatory processes,                      companies seeking to conduct studies
                                                affected by factors external to regulation              including the citizen petition process?                required to support ANDA submissions?
                                                under the FD&C Act—e.g., the outcome                       2. The drugs described in more than                    6. What other elements of drug
                                                of private party patent litigation, and                 half of all FDA-approved ANDAs are                     product development, regulation, and
                                                commercial decisions not to market                      never marketed, marketed only after a                  marketing have the potential to disrupt
                                                approved innovator or generic products.                 substantial delay after approval, or                   the Hatch-Waxman Amendments’
                                                In other cases, restrictions on the                     marketed only intermittently. Such                     balance between innovation and generic
                                                distribution of innovator drug products,                failures to market contribute to drug                  availability, and how should the Agency
                                                whether voluntarily adopted by the                      shortages, and hinder consumer access                  and other stakeholders address them?
                                                innovator or imposed as a requirement                   to approved products. What
                                                                                                        marketplace dynamics dis-incentivize                      Registration and Requests for Oral
                                                of FDA regulation, have prevented                                                                              Presentations: Send registration
                                                developers from accessing the product                   the marketing of approved generic
                                                                                                        products? What should FDA do, within                   information (including name, title, firm
                                                samples needed for testing to support                                                                          name, address, telephone, email
                                                ANDAs or other follow-on applications.                  its statutory authority, to help more
                                                                                                        approved generics reach consumers?                     address, and fax number), and written
                                                   FDA will hold a public meeting on
                                                                                                           3. For approximately 10 percent of all              material and requests to make oral
                                                July 18, 2017, 9 a.m. to 5 p.m., to
                                                                                                        innovator drugs, patent and exclusivity                presentations, to the contact person by
                                                provide an opportunity for all interested
                                                                                                        protections have expired, but FDA has                  July 3, 2017.
                                                stakeholders to submit comments
                                                concerning the appropriate balance                      not received an ANDA. Are there market                    If you need special accommodations
                                                between encouraging innovation in drug                  niches where the Hatch-Waxman                          due to a disability, please contact Philip
                                                                                                        Amendments incentives to develop an                    Bonforte (see FOR FURTHER INFORMATION
sradovich on DSK3GMQ082PROD with NOTICES




                                                development and accelerating the
                                                availability to the public of lower cost                ANDA are insufficient? Similarly, are                  CONTACT) at least 7 days in advance.
                                                alternatives to innovator drugs.                        there niches where the incentives are                     Transcripts: Please be advised that as
                                                   The format of the meeting involves                   insufficient to seek new drug approval                 soon as a transcript is available, it will
                                                presentations from the public only. The                 of a marketed unapproved drug product                  be accessible at https://
                                                Agency will not be inviting specific                    that in turn could serve as a Reference                www.regulations.gov. It may be viewed
                                                presenters; rather, with this document,                 Listed Drug? What should FDA do,                       at the Dockets Management Staff (see
                                                FDA is soliciting presentations from                    consistent with its legal authority, to                ADDRESSES).



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                                                28496                                  Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Notices

                                                  Dated: June 14, 2017.                                                   officer for HRSA, either by email to                          strengthen the rural health care system
                                                Anna K. Abram,                                                            OIRA_submission@omb.eop.gov or by                             as a whole.
                                                Deputy Commissioner for Policy, Planning,                                 fax to 202–395–5806.                                             Need and Proposed Use of the
                                                Legislation, and Analysis.                                                FOR FURTHER INFORMATION CONTACT: To                           Information: Performance measures for
                                                [FR Doc. 2017–12641 Filed 6–21–17; 8:45 am]                               request a copy of the clearance requests                      the Network Planning program serve the
                                                BILLING CODE 4164–01–P                                                    submitted to OMB for review, email the                        purpose of quantifying awardee-level
                                                                                                                          HRSA Information Collection Clearance                         data that conveys the successes and
                                                                                                                          Officer at paperwork@hrsa.gov or call                         challenges associated with the grant
                                                DEPARTMENT OF HEALTH AND                                                  (301) 443–1984.                                               award. These measures and aggregate
                                                HUMAN SERVICES                                                                                                                          data substantiate and inform the
                                                                                                                          SUPPLEMENTARY INFORMATION: When
                                                                                                                          submitting comments or requesting                             objectives of the program. The approved
                                                Health Resources and Services
                                                                                                                          information, please include the                               measures encompass the following
                                                Administration
                                                                                                                          information request collection title for                      principal topic areas: network
                                                Agency Information Collection                                             reference, in compliance with Section                         infrastructure, network collaboration,
                                                Activities: Submission to OMB for                                         3506(c)(2)(A) of the Paperwork                                sustainability, and network assessment.
                                                Review and Approval; Information                                          Reduction Act of 1995.                                           Likely Respondents: The respondents
                                                Collection Request Title: Rural Health                                       Information Collection Request Title:                      for these measures are Network
                                                Network Development Planning                                              Rural Health Network Development                              Planning award recipients.
                                                Performance Improvement and                                               Planning Performance Improvement and                             Burden Statement: Burden in this
                                                Measurement System Database, OMB                                          Measurement System Database, OMB                              context means the time expended by
                                                No. 0915–0384—Extension                                                   No. 0915–0384—Extension.                                      persons to generate, maintain, retain,
                                                AGENCY: Health Resources and Services                                        Abstract: The purpose of the Rural                         disclose, or provide the information
                                                Administration (HRSA), Department of                                      Health Network Development Planning                           requested. This includes the time
                                                Health and Human Services.                                                (Network Planning) program is to assist                       needed to review instructions; to
                                                ACTION: Notice.                                                           in the development of an integrated                           develop, acquire, install, and utilize
                                                                                                                          health care network, specifically for                         technology and systems for the purpose
                                                SUMMARY:   In compliance with the                                         entities that do not have a history of                        of collecting, validating and verifying
                                                Paperwork Reduction Act of 1995,                                          formal collaborative efforts. Health care                     information, processing and
                                                HRSA has submitted an Information                                         networks can be an effective approach                         maintaining information, and disclosing
                                                Collection Request (ICR) to the Office of                                 to help smaller rural health care                             and providing information; to train
                                                Management and Budget (OMB) for                                           providers and health care service                             personnel and to be able to respond to
                                                review and approval. Comments                                             organizations align resources, achieve                        a collection of information; to search
                                                submitted during the first public review                                  economies of scale and efficiency, and                        data sources; to complete and review
                                                of this ICR will be provided to OMB.                                      address challenges more effectively as a                      the collection of information; and to
                                                OMB will accept further comments from                                     group than as single providers. The                           transmit or otherwise disclose the
                                                the public during the review and                                          Network Planning program promotes                             information. The total annual burden
                                                approval period.                                                          the planning and development of                               hours, which are unchanged from the
                                                DATES: Comments on this ICR should be                                     healthcare networks to: (1) Achieve                           currently approved form, are
                                                received no later than July 24, 2017.                                     efficiencies; (2) expand access to,                           summarized in the table below.
                                                ADDRESSES: Submit your comments,                                          coordinate, and improve the quality of                           Total Estimated Annualized Burden
                                                including the ICR Title, to the desk                                      essential health care services; and (3)                       Hours:

                                                                                                                                                                                                            Average
                                                                                                                                                               Number of
                                                                                                                                             Number of                                     Total          burden per                  Total
                                                                                  Form name                                                                  responses per
                                                                                                                                            respondents                                 responses          response               burden hours
                                                                                                                                                               respondent                                  (in hours)

                                                Rural Health Network Development Planning Program
                                                  Performance Improvement Measurement System ..........                                                 21                        1             21                           1              21

                                                     Total ..............................................................................               21   ........................           21     ........................             21



                                                Jason E. Bennett,                                                         announces the following special                               the advisory body to the U.S.
                                                Director, Division of the Executive Secretariat.                          workgroup activity.                                           Department of Health and Human
                                                [FR Doc. 2017–13019 Filed 6–21–17; 8:45 am]                                 Name: National Committee on Vital                           Services (HHS) Secretary on health data,
                                                BILLING CODE 4165–15–P                                                    and Health Statistics (NCVHS),                                statistics, privacy, and national health
                                                                                                                          Subcommittee on Standards Meeting.                            information policy. NCVHS’ role
                                                                                                                            Date and Time: Monday, August 21,                           includes advising HHS in the
                                                DEPARTMENT OF HEALTH AND                                                  2017: 9:00 a.m.–4:00 p.m.                                     implementation of the Administrative
                                                HUMAN SERVICES                                                              Place: U.S. Department of Health and                        Simplification provisions of the Health
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                          Human Services, Hubert H. Humphrey                            Insurance Portability and
                                                National Committee on Vital and Health                                    Building, 200 Independence Avenue                             Accountability Act of 1996 (HIPAA) and
                                                Statistics: Meeting                                                       SW., Room 800, Washington, DC 20201,                          the Patient Protection and Affordable
                                                                                                                          (202) 690–7100.                                               Care Act of 2010 (ACA). The Standards
                                                  Pursuant to the Federal Advisory                                          Status: Open.                                               Subcommittee of NCVHS makes
                                                Committee Act, the Department of                                            Purpose: The National Committee on                          recommendations to the full Committee
                                                Health and Human Services (HHS)                                           Vital and Health Statistics (NCVHS) is                        on health data standards, including


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Document Created: 2017-06-21 23:55:38
Document Modified: 2017-06-21 23:55:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of public meeting; request for comments.
DatesThe meeting will be held on July 18, 2017, from 9 a.m. to 5 p.m. The deadline for submitting comments regarding this meeting is September 18, 2017.
ContactPhilip Bonforte, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1668, Silver Spring, MD 20993, 240-402- 6980, email: [email protected]
FR Citation82 FR 28493 

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