82_FR_36113 82 FR 35966 - Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018

82 FR 35966 - Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2018

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range35966-35971
FR Document2017-16180

The Food and Drug Administration (FDA) is announcing the rates and payment procedures for fiscal year (FY) 2018 animal drug user fees. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Animal Drug User Fee Amendments of 2013 (ADUFA III), authorizes FDA to collect user fees for certain animal drug applications and supplements, for certain animal drug products, for certain establishments where such products are made, and for certain sponsors of such animal drug applications and/or investigational animal drug submissions. This notice establishes the fee rates for FY 2018.

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Notices]
[Pages 35966-35971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16180]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0007]


Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 
2018

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the rates 
and payment procedures for fiscal year (FY) 2018 animal drug user fees. 
The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by 
the Animal Drug User Fee Amendments of 2013 (ADUFA III), authorizes FDA 
to collect user fees for certain animal drug applications and 
supplements, for certain animal drug products, for certain 
establishments where such products are made, and for certain sponsors 
of such animal drug applications and/or investigational animal drug 
submissions. This notice establishes the fee rates for FY 2018.

FOR FURTHER INFORMATION CONTACT: Visit FDA's Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm 
or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food 
and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-
402-6888. For general questions, you may also email the Center for 
Veterinary Medicine (CVM) at: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 740 of the FD&C Act (21 U.S.C. 379j-12) establishes four 
different types of user fees: (1) Fees for certain types of animal drug 
applications and supplements; (2) annual fees for certain animal drug 
products; (3) annual fees for certain establishments where such 
products are made; and (4) annual fees for certain sponsors of animal 
drug applications and/or investigational animal drug submissions (21 
U.S.C. 379j-12(a)). When certain conditions are met, FDA will waive or 
reduce fees (21 U.S.C. 379j-12(d)).
    For FY 2014 through FY 2018, the FD&C Act establishes aggregate 
yearly base revenue amounts for each fiscal year (21 U.S.C. 379j-
12(b)(1)). Base revenue amounts established for years after FY 2014 are 
subject to adjustment for inflation and workload (21 U.S.C. 379j-
12(c)). Fees for applications, establishments, products, and sponsors 
are to be established each year by FDA so that the percentages of the 
total revenue that are derived from each type of user fee will be as 
follows: Revenue from application fees shall be 20 percent of total fee 
revenue; revenue from product fees shall be 27 percent of total fee 
revenue; revenue from establishment fees shall be 26 percent of total 
fee revenue; and revenue from sponsor fees shall be 27 percent of total 
fee revenue (21 U.S.C. 379j-12(b)(2)).
    For FY 2018, the animal drug user fee rates are: $238,100 for an 
animal drug application; $119,050 for a supplemental animal drug 
application for which safety or effectiveness data are required and for 
an animal drug application subject to the criteria set forth in section 
512(d)(4) of the FD&C Act (21 U.S.C. 360b(d)(4)); $6,175 for an annual 
product fee; $88,750 for an annual establishment fee; and $75,150 for 
an annual sponsor fee. FDA will issue invoices for FY 2018 product, 
establishment, and sponsor fees by December 31, 2017, and payment will 
be due by January 31, 2018. The application fee rates are effective for 
applications submitted on or after October 1, 2017, and will remain in 
effect through September 30, 2018. Applications will not be accepted 
for review until FDA has received full payment of application fees and 
any other animal drug user fees owed under the Animal Drug User Fee 
program (ADUFA program).

II. Revenue Amount for FY 2018

A. Statutory Fee Revenue Amounts

    ADUFA III, Title I of Public Law 113-14, specifies that the 
aggregate fee revenue amount for FY 2018 for all animal drug user fee 
categories is $21,600,000 (21 U.S.C. 379j-12(b)(1)(B)).

B. Inflation Adjustment to Fee Revenue Amount

    The fee revenue amount established in ADUFA III for FY 2015 and 
subsequent fiscal years are subject to an inflation adjustment (21 
U.S.C. 379j-12(c)(2)).
    The component of the inflation adjustment for payroll costs shall 
be one plus the average annual percent change in the cost of all 
personnel compensation and benefits (PC&B) paid per full-time 
equivalent position (FTE) at FDA for the first three of the four 
preceding fiscal years, multiplied by the proportion of PC&B costs to 
total FDA costs for the first three of the four preceding fiscal years 
(see 21 U.S.C. 379j-12(c)(2)(A) and (B)). The data on total PC&B paid 
and numbers of FTE paid, from which the average cost per FTE can be 
derived, are published in FDA's Justification of Estimates for 
Appropriations Committees.
    Table 1 summarizes that actual cost and FTE data for the specified 
fiscal years, and provides the percent change from the previous fiscal 
year and the average percent change over the first of the 4 fiscal 
years preceding FY 2018. The 3-year average is 2.2354 percent.

              Table 1--FDA Personnel Compensation and Benefits (PC&B) Each Year and Percent Change
----------------------------------------------------------------------------------------------------------------
             Fiscal year                     2014               2015               2016          3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B..........................     $2,054,937,000     $2,232,304,000     $2,414,728,159  .................
Total FTE...........................             14,555             15,484             16,381  .................
PC&B per FTE........................           $141,184           $144,168           $147,408  .................
Percent Change from Previous Year...            2.3451%            2.1136%            2.2474%            2.2354%
----------------------------------------------------------------------------------------------------------------


[[Page 35967]]

    The statute specifies that this 2.2354 percent should be multiplied 
by the proportion of PC&B costs to total FDA costs. Table 2 shows the 
amount of PC&B and the total amount obligated by FDA for the same 3 
FYs.

                                Table 2--PC&B as a Percent of Total Costs at FDA
----------------------------------------------------------------------------------------------------------------
             Fiscal year                     2014               2015               2016          3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B..........................     $2,054,937,000     $2,232,304,000     $2,414,728,159  .................
Total Costs.........................     $4,298,476,000     $4,510,565,000     $4,666,236,000  .................
PC&B Percent........................           47.8062%           49.4906%            51.7490           49.6819%
----------------------------------------------------------------------------------------------------------------

    The payroll adjustment is 2.2354 percent multiplied by 49.6819 
percent (or 1.1106 percent).
    The statute specifies that the portion of the inflation adjustment 
for non-payroll costs for FY 2018 is the average annual percent change 
that occurred in the Consumer Price Index (CPI) for urban consumers 
(Washington-Baltimore, DC-MD-VA-WV; not seasonally adjusted; all items 
less food and energy; annual index) for the first 3 of the preceding 4 
years of available data multiplied by the proportion of all costs other 
than PC&B costs to total FDA costs (see 21 U.S.C. 379j-12(c)(2)(C)). 
Table 3 provides the summary data for the percent change in the 
specified CPI for the Baltimore-Washington area. The data from the 
Bureau of Labor Statistics is shown in table 3.

     Table 3--Annual and 3-Year Average Percent Change in Baltimore-Washington Area CPI Less Food and Energy
----------------------------------------------------------------------------------------------------------------
                Year                         2014               2015               2016          3-Year average
----------------------------------------------------------------------------------------------------------------
Annual CPI..........................            149.581            152.242            154.702  .................
Annual Percent Change...............            1.7883%            1.7790%            1.6158%            1.7277%
----------------------------------------------------------------------------------------------------------------

    To calculate the inflation adjustment for non-pay costs, we 
multiply the 1.7277 percent by the proportion of all costs other than 
PC&B to total FDA costs. Since 49.6819 percent was obligated for PC&B 
as shown in table 2, 50.3181 percent is the portion of costs other than 
PC&B (100 percent -49.6819 percent = 50.3181 percent). The non-payroll 
adjustment is 1.7277 percent times 50.3181 percent, or 0.8693 percent.
    Next, we add the payroll component (1.1106 percent) to the non-pay 
component (0.8693 percent), for a total inflation adjustment of 1.9799 
percent for FY 2018.
    ADUFA III provides for the inflation adjustment to be compounded 
each fiscal year after FY 2014 (see 21 U.S.C. 379j-12(c)(2)). The 
factor for FY 2018 (1.9799 percent) is compounded by adding 1 and then 
multiplying by 1 plus the inflation adjustment factor for FY 2017 
(6.0746 percent), as published in the Federal Register of July 28, 2016 
(81 FR 49664 to 49669), which equals 1.081748 (rounded) (1.019799 x 
1.060746) for FY 2018. We then multiply the base revenue amount for FY 
2018 ($21,600,000) by 1.081748, yielding an inflation adjusted amount 
of $23,365,757.

C. Workload Adjustment to Inflation Adjusted Fee Revenue Amount

    A workload adjustment will be calculated to the inflation adjusted 
fee revenue amount established in ADUFA III for FY 2015 and subsequent 
fiscal years (21 U.S.C. 379j-12(c)(3)).
    FDA calculated the average number of each of the five types of 
applications and submissions specified in the workload adjustment 
provision (animal drug applications, supplemental animal drug 
applications for which data with respect to safety or efficacy are 
required, manufacturing supplemental animal drug applications, 
investigational animal drug study submissions, and investigational 
animal drug protocol submissions) received over the 5-year period that 
ended on September 30, 2013 (the base years), and the average number of 
each of these types of applications and submissions over the most 
recent 5-year period that ended June 30, 2017.
    The results of these calculations are presented in the first two 
columns of table 4. Column 3 reflects the percent change in workload 
over the two 5-year periods. Column 4 shows the weighting factor for 
each type of application, reflecting how much of the total FDA animal 
drug review workload was accounted for by each type of application or 
submission in the table during the most recent five years. Column 5 is 
the weighted percent change in each category of workload, and was 
derived by multiplying the weighting factor in each line in column 4 by 
the percent change from the base years in column 3. At the bottom right 
of table 4 the sum of the values in column 5 is added, reflecting a 
total change in workload of 5.4599 percent for FY 2018. This is the 
workload adjuster for FY 2018.

                                     Table 4--Workload Adjuster Calculation
                                      [Numbers may not add due to rounding]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Column 5
                                   Column 1  5-      Column 2        Column 3        Column 4        weighted
        Application type           year  average  latest  5-year      percent        weighting        percent
                                   (base years)       average         change          factor          change
----------------------------------------------------------------------------------------------------------------
New Animal Drug Applications              9.8000            16.0         63.2653        0.030373          1.9216
 (NADAs)........................
Supplemental NADAs with Safety            9.6000            10.6         10.4167        0.026491          0.2759
 or Efficacy Data...............
Manufacturing Supplements.......        361.0000           334.6         -7.3130        0.162018         -1.1848
Investigational Study                   216.4000           189.8        -12.2921        0.579781         -7.1267
 Submissions....................
Investigational Protocol                133.6000           210.4         57.4850        0.201337         11.5739
 Submissions....................

[[Page 35968]]

 
FY 2018 Workload Adjuster.......  ..............  ..............  ..............  ..............          5.4599
----------------------------------------------------------------------------------------------------------------

    FDA experienced an increase in the number of new animal drug 
applications (NADAs) and supplemental NADAs with safety or 
effectiveness data. Over the last several years FDA has seen an 
increase in the number of animal drug products brought by animal drug 
sponsors for review in the drug evaluation process. These new animal 
drug products come from both existing animal drug sponsors as well as 
sponsors new to the animal drug market. The increase in new animal drug 
products has contributed to an increase in the number of protocol 
submissions and NADAs submitted for many novel drug classes and novel 
indications for both food-producing animals and companion animals. FDA 
can expect that the increases in reviewed protocols will lead in the 
near future to an increase in the number of Investigational Study 
Submissions and NADAs or supplemental NADAs as sponsors work their 
products through the regulatory review process. Additionally, FDA has 
seen an increase in the number of animal drug sponsors pursuing 
multiple changes to their existing NADAs (e.g., new indications, new 
species, changes in dosage). For this reason we are seeing an increase 
in the number of supplemental NADAs with safety or effectiveness data. 
The increases in these submissions are consistent with an overall 
increase in workload including all submissions and communications with 
sponsors. In addition, CVM is not seeing a corresponding decrease in 
any of the other submission types that might have served to offset 
workload. As a result, the statutory revenue amount after the inflation 
adjustment ($23,365,757) must now be increased by 5.4599 percent to 
reflect the changes in review workload (workload adjustment), for a 
total fee revenue target of $24,641,504.

D. Offset for Excess Collections Through FY 2017

    Under section 740(g)(4) of the FD&C Act, if the sum of the 
cumulative amount of the fees collected for FY 2014 through FY 2016, 
and the amount of fees estimated to be collected for FY 2017, exceeds 
the cumulative amount appropriated for fees for FY 2014 through FY 
2017, the excess shall be credited to FDA's appropriation account and 
subtracted from the amount of fees that FDA would otherwise be 
authorized to collect for FY 2018 under the FD&C Act. (21 U.S.C. 379j-
12(g)(4)).
    Table 5 shows the amounts specified in appropriation acts for each 
year from FY 2014 through FY 2017, and the amounts FDA has collected 
for FY 2014, FY 2015, FY 2016, and FY 2017 as of June 30, 2017, and an 
additional $21,941,000 (rounded to the nearest thousand dollars) that 
FDA estimates it will collect in FY 2017 based on historical data. 
Table 5 shows the estimated cumulative difference between ADUFA fee 
amounts specified in appropriation acts for FY 2014 through FY 2017 and 
ADUFA fee amounts collected.

                                   Table 5--Offsets To Be Taken for ADUFA III
----------------------------------------------------------------------------------------------------------------
                                                                                                     Amount in
                                                                                    Collection       excess of
                                                                                      amount        collection
                           Fiscal year                              Collections    specified in       amount
                                                                     realized      appropriation   specified in
                                                                                       acts        appropriation
                                                                                                       acts
----------------------------------------------------------------------------------------------------------------
2014............................................................     $27,184,831     $23,600,000      $3,584,831
2015............................................................      24,535,338      22,464,000       2,071,338
2016............................................................      25,442,477      22,818,000       2,624,477
2017............................................................      21,941,000      23,673,000      -1,732,000
                                                                 -----------------------------------------------
    Net Balance to be Offset When Fees are Set for FY 2018......................................       6,548,646
----------------------------------------------------------------------------------------------------------------
Note: FY 2017 `Collections Realized' is the amount FDA estimates it will collect in FY 2017 based on historical
  data.

    The cumulative fees collected for FY 2014 through FY 2017 are 
estimated to be $6,548,646 greater than the cumulative fee amounts 
specified in appropriation acts during this same period. Reducing the 
inflation and workload adjusted amount of $24,641,504 by the ADUFA III 
offset of $6,548,646 results in an amount of $18,093,000 (rounded to 
the nearest thousand), before the final year adjustment.

E. Final Year Adjustment

    Under section 740(c)(4) of the FD&C Act, for FY 2018 the Secretary 
of Health and Human Services (the Secretary) may, in addition to the 
inflation and workload adjustments, further increase the fees if such 
an adjustment is necessary to provide for not more than 3 months of 
operating reserves of carryover user fees for the process for the 
review of animal drug applications for the first 3 months of FY 2019. 
If such an adjustment is necessary, the rationale for the amount of 
this increase must be included in the annual notice establishing fees 
for FY 2018 (21 U.S.C. 379j-12(c)(4)).
    After calculating the operating reserves and estimating the balance 
as of the beginning of FY 2019, FDA estimates that the ADUFA program 
will have sufficient funds for the operating reserves, thus FDA will 
not be performing a final year adjustment for

[[Page 35969]]

FY 2019 because FDA has determined such an adjustment to be 
unnecessary.

F. FY 2018 Fee Revenue Amounts

    ADUFA III specifies that the revenue amount of $18,093,000 for FY 
2018 is to be divided as follows: 20 percent, or a total of $3,619,000 
(rounded to the nearest thousand dollars), is to come from application 
fees; 27 percent, or a total of $4,885,000 (rounded to the nearest 
thousand dollars), is to come from product fees; 26 percent, or a total 
of $4,704,000 (rounded to the nearest thousand dollars), is to come 
from establishment fees; and 27 percent, or a total of $4,885,000 
(rounded to the nearest thousand dollars), is to come from sponsor fees 
(21 U.S.C. 379j-12(b)).

III. Application Fee Calculations for FY 2018

A. Application Fee Revenues and Numbers of Fee-Paying Applications

    Each person that submits an animal drug application or a 
supplemental animal drug application shall be subject to an application 
fee, with limited exceptions (see 21 U.S.C. 379j-12(a)(1)). The term 
``animal drug application'' means an application for approval of any 
new animal drug submitted under section 512(b)(1) of the FD&C Act (21 
U.S.C. 379j-11(1)). A ``supplemental animal drug application'' is 
defined as a request to the Secretary to approve a change in an animal 
drug application which has been approved, or a request to the Secretary 
to approve a change to an application approved under section 512(c)(2) 
of the FD&C Act for which data with respect to safety or effectiveness 
are required (21 U.S.C. 379j-11(2)). The application fees are to be set 
so that they will generate $3,619,000 in fee revenue for FY 2018. The 
fee for a supplemental animal drug application for which safety or 
effectiveness data are required and for an animal drug application 
subject to criteria set forth in section 512(d)(4) of the FD&C Act is 
to be set at 50 percent of the animal drug application fee (21 U.S.C. 
379j-12(a)(1)(A)(ii)).
    To set animal drug application fees and supplemental animal drug 
application fees to realize $3,619,000 FDA must first make some 
assumptions about the number of fee-paying applications and supplements 
the Agency will receive in FY 2018.
    The Agency knows the number of applications that have been 
submitted in previous years. That number fluctuates from year to year. 
In estimating the fee revenue to be generated by animal drug 
application fees in FY 2018, FDA is assuming that the number of 
applications that will pay fees in FY 2018 will equal the average 
number of submissions over the five most recent completed years of the 
ADUFA program (FY 2012 to FY 2016). FDA believes that this is a 
reasonable approach after 13 completed years of experience with this 
program.
    Over the five most recent completed years, the average number of 
animal drug applications that would have been subject to the full fee 
was 8.2. Over this same period, the average number of supplemental 
applications for which safety or effectiveness data are required and 
applications subject to the criteria set forth in section 512(d)(4) of 
the FD&C Act that would have been subject to half of the full fee was 
14.0.

B. Application Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 8.2 
applications that pay the full fee and the estimated 14.0 supplemental 
applications for which safety or effectiveness data are required and 
applications subject to the criteria set forth in section 512(d)(4) of 
the FD&C Act that pay half of the full fee will generate a total of 
$3,619,000. To generate this amount, the fee for an animal drug 
application, rounded to the nearest $100, will have to be $238,100, and 
the fee for a supplemental animal drug application for which safety or 
effectiveness data are required and for applications subject to the 
criteria set forth in section 512(d)(4) of the FD&C Act will have to be 
$119,050.

IV. Product Fee Calculations for FY 2018

A. Product Fee Revenues and Numbers of Fee-Paying Products

    The animal drug product fee (also referred to as the product fee) 
must be paid annually by the person named as the applicant in a new 
animal drug application or supplemental new animal drug application for 
an animal drug product submitted for listing under section 510 of the 
FD&C Act (21 U.S.C. 360), and who had an animal drug application or 
supplemental animal drug application pending at FDA after September 1, 
2003 (21 U.S.C. 379j-12(a)(2)). The term ``animal drug product'' means 
each specific strength or potency of a particular active ingredient or 
ingredients in final dosage form marketed by a particular manufacturer 
or distributor, which is uniquely identified by the labeler code and 
product code portions of the national drug code, and for which an 
animal drug application or a supplemental animal drug application has 
been approved (21 U.S.C. 379j-11(3)). The product fees are to be set so 
that they will generate $4,885,000 in fee revenue for FY 2018.
    To set animal drug product fees to realize $4,885,000, FDA must 
make some assumptions about the number of products for which these fees 
will be paid in FY 2018. FDA developed data on all animal drug products 
that have been submitted for listing under section 510 of the FD&C Act 
and matched this to the list of all persons who had an animal drug 
application or supplement pending after September 1, 2003. As of June 
2017, FDA estimates that there are a total of 815 products submitted 
for listing by persons who had an animal drug application or 
supplemental animal drug application pending after September 1, 2003. 
Based on this, FDA estimates that a total of 815 products will be 
subject to this fee in FY 2018.
    In estimating the fee revenue to be generated by animal drug 
product fees in FY 2018, FDA is assuming that 3 percent of the products 
invoiced, or 24, will not pay fees in FY 2018 due to fee waivers and 
reductions. FDA has kept this estimate at 3 percent this year, based on 
historical data over the past five completed years of the ADUFA 
program. Based on experience over the first 13 completed years of the 
ADUFA program, FDA believes that this is a reasonable basis for 
estimating the number of fee-paying products in FY 2018.
    Accordingly, the Agency estimates that a total of 791 (815 minus 
24) products will be subject to product fees in FY 2018.

B. Product Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 791 
products that pay fees will generate a total of $4,885,000. To generate 
this amount will require the fee for an animal drug product, rounded to 
the nearest $5, to be $6,175.

V. Establishment Fee Calculations for FY 2018

A. Establishment Fee Revenues and Numbers of Fee-Paying Establishments

    The animal drug establishment fee (also referred to as the 
establishment fee) must be paid annually by the person who: (1) Owns or 
operates, directly or through an affiliate, an animal drug 
establishment; (2) is named as the applicant in an animal drug 
application or supplemental animal drug application for an animal drug 
product submitted for listing under section 510 of the FD&C Act; (3) 
had an animal drug application or

[[Page 35970]]

supplemental animal drug application pending at FDA after September 1, 
2003; and (4) whose establishment engaged in the manufacture of the 
animal drug product during the fiscal year (see 21 U.S.C. 379j-
12(a)(3)). An establishment subject to animal drug establishment fees 
is assessed only one such fee per fiscal year. The term ``animal drug 
establishment'' is defined as a foreign or domestic place of business 
which is at one general physical location consisting of one or more 
buildings all of which are within 5 miles of each other, at which one 
or more animal drug products are manufactured in final dosage form (21 
U.S.C. 379j-11(4)). The establishment fees are to be set so that they 
will generate $4,704,000 in fee revenue for FY 2018.
    To set animal drug establishment fees to realize $4,704,000, FDA 
must make some assumptions about the number of establishments for which 
these fees will be paid in FY 2018. FDA developed data on all animal 
drug establishments and matched this to the list of all persons who had 
an animal drug application or supplement pending after September 1, 
2003. As of June 2017, FDA estimates that there are a total of 60 
establishments owned or operated by persons who had an animal drug 
application or supplemental animal drug application pending after 
September 1, 2003. Based on this, FDA believes that 60 establishments 
will be subject to this fee in FY 2018.
    In estimating the fee revenue to be generated by animal drug 
establishment fees in FY 2018, FDA is assuming that 11 percent of the 
establishments invoiced, or seven, will not pay fees in FY 2018 due to 
fee waivers and reductions. FDA has kept this estimate at 11 percent 
this year, based on historical data over the past 5 completed years. 
Based on experience over the past 13 completed years of the ADUFA 
program, FDA believes that this is a reasonable basis for estimating 
the number of fee-paying establishments in FY 2018.
    Accordingly, the Agency estimates that a total of 53 establishments 
(60 minus 7) will be subject to establishment fees in FY 2018.

B. Establishment Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 53 
establishments that pay fees will generate a total of $4,704,000. To 
generate this amount will require the fee for an animal drug 
establishment, rounded to the nearest $50, to be $88,750.

VI. Sponsor Fee Calculations for FY 2018

A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors

    The animal drug sponsor fee (also referred to as the sponsor fee) 
must be paid annually by each person who: (1) Is named as the applicant 
in an animal drug application, except for an approved application for 
which all subject products have been removed from listing under section 
510 of the FD&C Act, or has submitted an investigational animal drug 
submission that has not been terminated or otherwise rendered inactive 
and (2) had an animal drug application, supplemental animal drug 
application, or investigational animal drug submission pending at FDA 
after September 1, 2003 (see 21 U.S.C. 379j-11(6) and 379j-12(a)(4)). 
An animal drug sponsor is subject to only one such fee each fiscal year 
(see 21 U.S.C. 379j-12(a)(4)). The sponsor fees are to be set so that 
they will generate $4,885,000 in fee revenue for FY 2018.
    To set animal drug sponsor fees to realize $4,885,000, FDA must 
make some assumptions about the number of sponsors who will pay these 
fees in FY 2018. Based on the number of firms that would have met this 
definition in each of the past 13 completed years of the ADUFA program, 
FDA estimates that a total of 198 sponsors will meet this definition in 
FY 2018.
    A review of our records indicates that 35 percent of these sponsors 
will qualify for a minor use/minor species fee waiver or reduction (21 
U.S.C. 379j-12(d)(1)(D)). Based on the Agency's experience to date with 
sponsor fees, FDA's current best estimate is that an additional 32 
percent will qualify for other waivers or reductions, for a total of 67 
percent of the sponsors invoiced, or 133, who will not pay fees in FY 
2018 due to fee waivers and reductions. FDA has kept this estimate at 
67 percent this year, based on historical data over the past 5 
completed years of the ADUFA program. FDA believes that this is a 
reasonable basis for estimating the number of fee-paying sponsors in FY 
2018.
    Accordingly, the Agency estimates that a total of 65 sponsors (198 
minus 133) will be subject to and pay sponsor fees in FY 2018.

B. Sponsor Fee Rates for FY 2018

    FDA must set the fee rates for FY 2018 so that the estimated 65 
sponsors that pay fees will generate a total of $4,885,000. To generate 
this amount will require the fee for an animal drug sponsor, rounded to 
the nearest $50, to be $75,150.

VII. Fee Schedule for FY 2018

    The fee rates for FY 2018 are summarized in Table 6.

                       Table 6--FY 2018 Fee Rates
------------------------------------------------------------------------
                                                           Fee rate for
              Animal drug user fee category                   FY 2018
------------------------------------------------------------------------
Animal Drug Application Fees:
    Animal Drug Application.............................        $238,100
    Supplemental Animal Drug Application for Which               119,050
     Safety or Effectiveness Data are Required or Animal
     Drug Application Subject to the Criteria Set Forth
     in Section 512(d)(4) of the FD&C Act...............
Animal Drug Product Fee.................................           6,175
Animal Drug Establishment Fee\1\........................          88,750
Animal Drug Sponsor Fee\2\..............................          75,150
------------------------------------------------------------------------
\1\ An animal drug establishment is subject to only one such fee each
  fiscal year.
\2\ An animal drug sponsor is subject to only one such fee each fiscal
  year.


[[Page 35971]]

VIII. Procedures for Paying the FY 2018 Fees

A. Application Fees and Payment Instructions

    The appropriate application fee established in the new fee schedule 
must be paid for an animal drug application or supplement subject to 
fees under ADUFA III that is submitted on or after October 1, 2017. The 
payment must be made in U.S. currency by one of the following methods: 
Wire transfer, electronically, check, bank draft, or U.S. postal money 
order made payable to the Food and Drug Administration. The preferred 
payment method is online using electronic check (Automated Clearing 
House (ACH) also known as eCheck) or credit card (Discover, VISA, 
MasterCard, American Express). Secure electronic payments can be 
submitted using the User Fees Payment Portal at https://userfees.fda.gov/pay or the Pay.gov payment option is available to you 
after you submit a cover sheet. (Note: only full payments are accepted. 
No partial payments can be made online.) Once you search for and find 
your invoice, select ``Pay Now'' to be redirected to Pay.gov. 
Electronic payment options are based on the balance due. Payment by 
credit card is available only for balances that are less than $25,000. 
If the balance exceeds this amount, only the ACH option is available. 
Payments must be made using U.S. bank accounts as well as U.S. credit 
cards.
    When paying by check, bank draft, or U.S. postal money order, 
please write your application's unique Payment Identification Number 
(PIN), beginning with the letters AD, on the upper right-hand corner of 
your completed Animal Drug User Fee Cover Sheet. Also write the FDA 
post office box number (P.O. Box 979033) on the enclosed check, bank 
draft, or money order. Mail the payment and a copy of the completed 
Animal Drug User Fee Cover Sheet to: Food and Drug Administration, P.O. 
Box 979033, St. Louis, MO 63197-9000. When paying by wire transfer, the 
invoice number needs to be included; without the invoice number, the 
payment may not be applied. If the payment amount is not applied, the 
invoice amount would be referred to collections. The originating 
financial institution may charge a wire transfer fee. If the financial 
institution charges a wire transfer fee, it is required to add that 
amount to the payment to ensure that the invoice is paid in full.
    Use the following account information when sending a payment by 
wire transfer: U.S. Department of Treasury, TREAS NYC, 33 Liberty St., 
New York, NY 10045, FDA Deposit Account Number: 75060099, U.S. 
Department of Treasury routing/transit number: 021030004, SWIFT Number: 
FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver 
Spring, MD 20993-0002.
    To send a check by a courier such as Federal Express, the courier 
must deliver the check and printed copy of the cover sheet to: U.S. 
Bank, Attn: Government Lockbox 979033, 1005 Convention Plaza, St. 
Louis, MO 63101. (Note: This address is for courier delivery only. If 
you have any questions concerning courier delivery contact U.S. Bank at 
314-418-4013. This telephone number is only for questions about courier 
delivery.)
    It is important that the fee arrives at the bank at least a day or 
two before the application arrives at FDA's CVM. FDA records the 
official application receipt date as the later of the following: The 
date the application was received by FDA's CVM, or the date U.S. Bank 
notifies FDA that your payment in the full amount has been received, or 
when the U.S. Treasury notifies FDA of receipt of an electronic or wire 
transfer payment. U.S. Bank and the U.S. Treasury are required to 
notify FDA within 1 working day, using the PIN described previously.
    The tax identification number of FDA is 53-0196965. (Note: In no 
case should the payment for the fee be submitted to FDA with the 
application.)

B. Application Cover Sheet Procedures

    Step One--Create a user account and password. Log on to the ADUFA 
Web site at http://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm and, under Tools and Resources, 
click ``The Animal Drug User Fee Cover Sheet'' and then select ``Create 
ADUFA User Fee Cover Sheet.'' For security reasons, each firm 
submitting an application will be assigned an organization 
identification number, and each user will also be required to set up a 
user account and password the first time you use this site. Online 
instructions will walk you through this process.
    Step Two--Create an Animal Drug User Cover Sheet, transmit it to 
FDA, and print a copy. After logging into your account with your user 
name and password, complete the steps required to create an Animal Drug 
User Fee Cover Sheet. One cover sheet is needed for each animal drug 
application or supplement. Once you are satisfied that the data on the 
cover sheet is accurate and you have finalized the cover sheet, you 
will be able to transmit it electronically to FDA and you will be able 
to print a copy of your cover sheet showing your unique PIN.
    Step Three--Send the payment for your application as described in 
section VIII.A.
    Step Four--Please submit your application and a copy of the 
completed Animal Drug User Fee Cover Sheet to the following address: 
Food and Drug Administration, Center for Veterinary Medicine, Document 
Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD 20855.

C. Product, Establishment, and Sponsor Fees

    By December 31, 2017, FDA will issue invoices and payment 
instructions for product, establishment, and sponsor fees for FY 2018 
using this fee schedule. Payment will be due by January 31, 2018. FDA 
will issue invoices in November 2018 for any products, establishments, 
and sponsors subject to fees for FY 2018 that qualify for fees after 
the December 2017 billing.

    Dated: July 26, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-16180 Filed 8-1-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                35966                               Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

                                                will include presentations by FDA staff                                  Administration, 7500 Standish Pl.,                       issue invoices for FY 2018 product,
                                                and an opportunity for stakeholders to                                   Rockville, MD 20855, 240–402–6888.                       establishment, and sponsor fees by
                                                ask questions. If you wish to attend the                                 For general questions, you may also                      December 31, 2017, and payment will
                                                webinar, FDA asks that you please                                        email the Center for Veterinary                          be due by January 31, 2018. The
                                                register through Eventbrite by 12 a.m.                                   Medicine (CVM) at: cvmadufa@                             application fee rates are effective for
                                                EDT, Saturday, August 19, 2017: https://                                 fda.hhs.gov.                                             applications submitted on or after
                                                www.eventbrite.com/e/over-the-counter-                                   SUPPLEMENTARY INFORMATION:                               October 1, 2017, and will remain in
                                                monograph-user-fees-stakeholder-                                                                                                  effect through September 30, 2018.
                                                meeting-registration-33593404778. FDA                                    I. Background                                            Applications will not be accepted for
                                                will email the registered attendees a                                       Section 740 of the FD&C Act (21                       review until FDA has received full
                                                URL to join the webinar at least 1 day                                   U.S.C. 379j–12) establishes four                         payment of application fees and any
                                                before the meeting.                                                      different types of user fees: (1) Fees for               other animal drug user fees owed under
                                                  Dated July 27, 2017.                                                   certain types of animal drug                             the Animal Drug User Fee program
                                                Anna K. Abram,                                                           applications and supplements; (2)                        (ADUFA program).
                                                Deputy Commissioner for Policy, Planning,                                annual fees for certain animal drug
                                                                                                                                                                                  II. Revenue Amount for FY 2018
                                                Legislation, and Analysis.                                               products; (3) annual fees for certain
                                                [FR Doc. 2017–16229 Filed 8–1–17; 8:45 am]
                                                                                                                         establishments where such products are                   A. Statutory Fee Revenue Amounts
                                                                                                                         made; and (4) annual fees for certain
                                                BILLING CODE 4164–01–P
                                                                                                                         sponsors of animal drug applications                       ADUFA III, Title I of Public Law 113–
                                                                                                                         and/or investigational animal drug                       14, specifies that the aggregate fee
                                                                                                                         submissions (21 U.S.C. 379j–12(a)).                      revenue amount for FY 2018 for all
                                                DEPARTMENT OF HEALTH AND
                                                                                                                         When certain conditions are met, FDA                     animal drug user fee categories is
                                                HUMAN SERVICES
                                                                                                                         will waive or reduce fees (21 U.S.C.                     $21,600,000 (21 U.S.C. 379j–
                                                Food and Drug Administration                                             379j–12(d)).                                             12(b)(1)(B)).
                                                                                                                            For FY 2014 through FY 2018, the                      B. Inflation Adjustment to Fee Revenue
                                                [Docket No. FDA–2017–N–0007]                                             FD&C Act establishes aggregate yearly                    Amount
                                                Animal Drug User Fee Rates and                                           base revenue amounts for each fiscal
                                                Payment Procedures for Fiscal Year                                       year (21 U.S.C. 379j–12(b)(1)). Base                        The fee revenue amount established
                                                                                                                         revenue amounts established for years                    in ADUFA III for FY 2015 and
                                                2018
                                                                                                                         after FY 2014 are subject to adjustment                  subsequent fiscal years are subject to an
                                                AGENCY:       Food and Drug Administration,                              for inflation and workload (21 U.S.C.                    inflation adjustment (21 U.S.C. 379j–
                                                HHS.                                                                     379j–12(c)). Fees for applications,                      12(c)(2)).
                                                ACTION:      Notice.                                                     establishments, products, and sponsors
                                                                                                                         are to be established each year by FDA                      The component of the inflation
                                                SUMMARY:    The Food and Drug                                            so that the percentages of the total                     adjustment for payroll costs shall be one
                                                Administration (FDA) is announcing the                                   revenue that are derived from each type                  plus the average annual percent change
                                                rates and payment procedures for fiscal                                  of user fee will be as follows: Revenue                  in the cost of all personnel
                                                year (FY) 2018 animal drug user fees.                                    from application fees shall be 20 percent                compensation and benefits (PC&B) paid
                                                The Federal Food, Drug, and Cosmetic                                     of total fee revenue; revenue from                       per full-time equivalent position (FTE)
                                                Act (the FD&C Act), as amended by the                                    product fees shall be 27 percent of total                at FDA for the first three of the four
                                                Animal Drug User Fee Amendments of                                       fee revenue; revenue from establishment                  preceding fiscal years, multiplied by the
                                                2013 (ADUFA III), authorizes FDA to                                      fees shall be 26 percent of total fee                    proportion of PC&B costs to total FDA
                                                collect user fees for certain animal drug                                revenue; and revenue from sponsor fees                   costs for the first three of the four
                                                applications and supplements, for                                        shall be 27 percent of total fee revenue                 preceding fiscal years (see 21 U.S.C.
                                                certain animal drug products, for certain                                (21 U.S.C. 379j–12(b)(2)).                               379j–12(c)(2)(A) and (B)). The data on
                                                establishments where such products are                                      For FY 2018, the animal drug user fee                 total PC&B paid and numbers of FTE
                                                made, and for certain sponsors of such                                   rates are: $238,100 for an animal drug                   paid, from which the average cost per
                                                animal drug applications and/or                                          application; $119,050 for a                              FTE can be derived, are published in
                                                investigational animal drug                                              supplemental animal drug application                     FDA’s Justification of Estimates for
                                                submissions. This notice establishes the                                 for which safety or effectiveness data are               Appropriations Committees.
                                                fee rates for FY 2018.                                                   required and for an animal drug                             Table 1 summarizes that actual cost
                                                FOR FURTHER INFORMATION CONTACT: Visit                                   application subject to the criteria set                  and FTE data for the specified fiscal
                                                FDA’s Web site at http://www.fda.gov/                                    forth in section 512(d)(4) of the FD&C                   years, and provides the percent change
                                                ForIndustry/UserFees/AnimalDrugUser                                      Act (21 U.S.C. 360b(d)(4)); $6,175 for an                from the previous fiscal year and the
                                                FeeActADUFA/default.htm or contact                                       annual product fee; $88,750 for an                       average percent change over the first of
                                                Lisa Kable, Center for Veterinary                                        annual establishment fee; and $75,150                    the 4 fiscal years preceding FY 2018.
                                                Medicine (HFV–10), Food and Drug                                         for an annual sponsor fee. FDA will                      The 3-year average is 2.2354 percent.

                                                               TABLE 1—FDA PERSONNEL COMPENSATION AND BENEFITS (PC&B) EACH YEAR AND PERCENT CHANGE
                                                                                     Fiscal year                                                   2014                    2015                 2016            3-Year average
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                                                Total PC&B ..............................................................................       $2,054,937,000          $2,232,304,000       $2,414,728,159   ..............................
                                                Total FTE .................................................................................             14,555                  15,484               16,381   ..............................
                                                PC&B per FTE .........................................................................               $141,184                $144,168             $147,408    ..............................
                                                Percent Change from Previous Year ......................................                              2.3451%                 2.1136%              2.2474%                    2.2354%




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                                                                                    Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices                                                                     35967

                                                  The statute specifies that this 2.2354                                 proportion of PC&B costs to total FDA                       PC&B and the total amount obligated by
                                                percent should be multiplied by the                                      costs. Table 2 shows the amount of                          FDA for the same 3 FYs.

                                                                                                       TABLE 2—PC&B AS A PERCENT OF TOTAL COSTS AT FDA
                                                                                     Fiscal year                                                     2014                    2015                  2016              3-Year average

                                                Total PC&B ..............................................................................         $2,054,937,000          $2,232,304,000        $2,414,728,159    ..............................
                                                Total Costs ...............................................................................       $4,298,476,000          $4,510,565,000        $4,666,236,000    ..............................
                                                PC&B Percent ..........................................................................                47.8062%                49.4906%                51.7490                  49.6819%



                                                  The payroll adjustment is 2.2354                                       the Consumer Price Index (CPI) for                          costs other than PC&B costs to total FDA
                                                percent multiplied by 49.6819 percent                                    urban consumers (Washington-                                costs (see 21 U.S.C. 379j–12(c)(2)(C)).
                                                (or 1.1106 percent).                                                     Baltimore, DC-MD-VA-WV; not                                 Table 3 provides the summary data for
                                                  The statute specifies that the portion                                 seasonally adjusted; all items less food                    the percent change in the specified CPI
                                                of the inflation adjustment for non-                                     and energy; annual index) for the first                     for the Baltimore-Washington area. The
                                                payroll costs for FY 2018 is the average                                 3 of the preceding 4 years of available                     data from the Bureau of Labor Statistics
                                                annual percent change that occurred in                                   data multiplied by the proportion of all                    is shown in table 3.

                                                    TABLE 3—ANNUAL AND 3-YEAR AVERAGE PERCENT CHANGE IN BALTIMORE-WASHINGTON AREA CPI LESS FOOD AND
                                                                                               ENERGY
                                                                                         Year                                                        2014                    2015                  2016              3-Year average

                                                Annual CPI ...............................................................................                  149.581                152.242             154.702    ..............................
                                                Annual Percent Change ..........................................................                           1.7883%                1.7790%             1.6158%                     1.7277%



                                                   To calculate the inflation adjustment                                 1.081748 (rounded) (1.019799 ×                              2013 (the base years), and the average
                                                for non-pay costs, we multiply the                                       1.060746) for FY 2018. We then                              number of each of these types of
                                                1.7277 percent by the proportion of all                                  multiply the base revenue amount for                        applications and submissions over the
                                                costs other than PC&B to total FDA                                       FY 2018 ($21,600,000) by 1.081748,                          most recent 5-year period that ended
                                                costs. Since 49.6819 percent was                                         yielding an inflation adjusted amount of                    June 30, 2017.
                                                obligated for PC&B as shown in table 2,                                  $23,365,757.                                                  The results of these calculations are
                                                50.3181 percent is the portion of costs                                                                                              presented in the first two columns of
                                                                                                                         C. Workload Adjustment to Inflation
                                                other than PC&B (100 percent ¥49.6819                                                                                                table 4. Column 3 reflects the percent
                                                                                                                         Adjusted Fee Revenue Amount
                                                percent = 50.3181 percent). The non-                                                                                                 change in workload over the two 5-year
                                                payroll adjustment is 1.7277 percent                                        A workload adjustment will be                            periods. Column 4 shows the weighting
                                                times 50.3181 percent, or 0.8693                                         calculated to the inflation adjusted fee                    factor for each type of application,
                                                percent.                                                                 revenue amount established in ADUFA                         reflecting how much of the total FDA
                                                   Next, we add the payroll component                                    III for FY 2015 and subsequent fiscal                       animal drug review workload was
                                                (1.1106 percent) to the non-pay                                          years (21 U.S.C. 379j–12(c)(3)).                            accounted for by each type of
                                                component (0.8693 percent), for a total                                     FDA calculated the average number of                     application or submission in the table
                                                inflation adjustment of 1.9799 percent                                   each of the five types of applications                      during the most recent five years.
                                                for FY 2018.                                                             and submissions specified in the                            Column 5 is the weighted percent
                                                   ADUFA III provides for the inflation                                  workload adjustment provision (animal                       change in each category of workload,
                                                adjustment to be compounded each                                         drug applications, supplemental animal                      and was derived by multiplying the
                                                fiscal year after FY 2014 (see 21 U.S.C.                                 drug applications for which data with                       weighting factor in each line in column
                                                379j–12(c)(2)). The factor for FY 2018                                   respect to safety or efficacy are required,                 4 by the percent change from the base
                                                (1.9799 percent) is compounded by                                        manufacturing supplemental animal                           years in column 3. At the bottom right
                                                adding 1 and then multiplying by 1 plus                                  drug applications, investigational                          of table 4 the sum of the values in
                                                the inflation adjustment factor for FY                                   animal drug study submissions, and                          column 5 is added, reflecting a total
                                                2017 (6.0746 percent), as published in                                   investigational animal drug protocol                        change in workload of 5.4599 percent
                                                the Federal Register of July 28, 2016 (81                                submissions) received over the 5-year                       for FY 2018. This is the workload
                                                FR 49664 to 49669), which equals                                         period that ended on September 30,                          adjuster for FY 2018.

                                                                                                                  TABLE 4—WORKLOAD ADJUSTER CALCULATION
                                                                                                                              [Numbers may not add due to rounding]

                                                                                                                                                Column 1          Column 2                                                  Column 5
                                                                                                                                                                                     Column 3         Column 4
                                                                                                                                                 5-year            latest                                                   weighted
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                                                                               Application type                                                                                       percent         weighting
                                                                                                                                                average            5-year                                                    percent
                                                                                                                                                                                      change           factor
                                                                                                                                              (base years)        average                                                    change

                                                New Animal Drug Applications (NADAs) .............................                                  9.8000                 16.0         63.2653           0.030373                1.9216
                                                Supplemental NADAs with Safety or Efficacy Data ............                                        9.6000                 10.6         10.4167           0.026491                0.2759
                                                Manufacturing Supplements ................................................                        361.0000                334.6         ¥7.3130           0.162018               ¥1.1848
                                                Investigational Study Submissions ......................................                          216.4000                189.8        ¥12.2921           0.579781               ¥7.1267
                                                Investigational Protocol Submissions ..................................                           133.6000                210.4         57.4850           0.201337               11.5739



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                                                35968                                Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

                                                                                                        TABLE 4—WORKLOAD ADJUSTER CALCULATION—Continued
                                                                                                                                  [Numbers may not add due to rounding]

                                                                                                                                                   Column 1                     Column 2                                                                      Column 5
                                                                                                                                                                                                           Column 3                   Column 4
                                                                                                                                                    5-year                       latest                                                                       weighted
                                                                               Application type                                                                                                             percent                   weighting
                                                                                                                                                   average                       5-year                                                                        percent
                                                                                                                                                                                                            change                     factor
                                                                                                                                                 (base years)                   average                                                                        change

                                                FY 2018 Workload Adjuster .................................................                     ........................   ........................    ........................   ........................          5.4599



                                                  FDA experienced an increase in the                                        Additionally, FDA has seen an increase                                         amount of the fees collected for FY 2014
                                                number of new animal drug                                                   in the number of animal drug sponsors                                          through FY 2016, and the amount of
                                                applications (NADAs) and supplemental                                       pursuing multiple changes to their                                             fees estimated to be collected for FY
                                                NADAs with safety or effectiveness                                          existing NADAs (e.g., new indications,                                         2017, exceeds the cumulative amount
                                                data. Over the last several years FDA                                       new species, changes in dosage). For                                           appropriated for fees for FY 2014
                                                has seen an increase in the number of                                       this reason we are seeing an increase in                                       through FY 2017, the excess shall be
                                                animal drug products brought by animal                                      the number of supplemental NADAs                                               credited to FDA’s appropriation account
                                                drug sponsors for review in the drug                                        with safety or effectiveness data. The                                         and subtracted from the amount of fees
                                                evaluation process. These new animal                                        increases in these submissions are                                             that FDA would otherwise be
                                                drug products come from both existing                                       consistent with an overall increase in                                         authorized to collect for FY 2018 under
                                                animal drug sponsors as well as                                             workload including all submissions and                                         the FD&C Act. (21 U.S.C. 379j–12(g)(4)).
                                                sponsors new to the animal drug                                             communications with sponsors. In
                                                                                                                            addition, CVM is not seeing a                                                    Table 5 shows the amounts specified
                                                market. The increase in new animal                                                                                                                         in appropriation acts for each year from
                                                                                                                            corresponding decrease in any of the
                                                drug products has contributed to an                                                                                                                        FY 2014 through FY 2017, and the
                                                                                                                            other submission types that might have
                                                increase in the number of protocol                                          served to offset workload. As a result,                                        amounts FDA has collected for FY 2014,
                                                submissions and NADAs submitted for                                         the statutory revenue amount after the                                         FY 2015, FY 2016, and FY 2017 as of
                                                many novel drug classes and novel                                           inflation adjustment ($23,365,757) must                                        June 30, 2017, and an additional
                                                indications for both food-producing                                         now be increased by 5.4599 percent to                                          $21,941,000 (rounded to the nearest
                                                animals and companion animals. FDA                                          reflect the changes in review workload                                         thousand dollars) that FDA estimates it
                                                can expect that the increases in                                            (workload adjustment), for a total fee                                         will collect in FY 2017 based on
                                                reviewed protocols will lead in the near                                    revenue target of $24,641,504.                                                 historical data. Table 5 shows the
                                                future to an increase in the number of                                                                                                                     estimated cumulative difference
                                                Investigational Study Submissions and                                       D. Offset for Excess Collections Through                                       between ADUFA fee amounts specified
                                                NADAs or supplemental NADAs as                                              FY 2017                                                                        in appropriation acts for FY 2014
                                                sponsors work their products through                                          Under section 740(g)(4) of the FD&C                                          through FY 2017 and ADUFA fee
                                                the regulatory review process.                                              Act, if the sum of the cumulative                                              amounts collected.

                                                                                                                  TABLE 5—OFFSETS TO BE TAKEN FOR ADUFA III
                                                                                                                                                                                                                                                               Amount in
                                                                                                                                                                                                                                     Collection                excess of
                                                                                                                                                                                                                                      amount                   collection
                                                                                                                                                                                                          Collections
                                                                                                               Fiscal year                                                                                                          specified in                amount
                                                                                                                                                                                                           realized                appropriation              specified in
                                                                                                                                                                                                                                       acts                  appropriation
                                                                                                                                                                                                                                                                  acts

                                                2014   .............................................................................................................................................       $27,184,831                $23,600,000             $3,584,831
                                                2015   .............................................................................................................................................        24,535,338                 22,464,000              2,071,338
                                                2016   .............................................................................................................................................        25,442,477                 22,818,000              2,624,477
                                                2017   .............................................................................................................................................        21,941,000                 23,673,000             ¥1,732,000

                                                     Net Balance to be Offset When Fees are Set for FY 2018 .........................................................................................................                                            6,548,646
                                                   Note: FY 2017 ‘Collections Realized’ is the amount FDA estimates it will collect in FY 2017 based on historical data.


                                                  The cumulative fees collected for FY                                      E. Final Year Adjustment                                                       an adjustment is necessary, the rationale
                                                2014 through FY 2017 are estimated to                                                                                                                      for the amount of this increase must be
                                                be $6,548,646 greater than the                                                Under section 740(c)(4) of the FD&C                                          included in the annual notice
                                                cumulative fee amounts specified in                                         Act, for FY 2018 the Secretary of Health                                       establishing fees for FY 2018 (21 U.S.C.
                                                appropriation acts during this same                                         and Human Services (the Secretary)                                             379j–12(c)(4)).
                                                                                                                            may, in addition to the inflation and
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                                                period. Reducing the inflation and                                                                                                                           After calculating the operating
                                                workload adjusted amount of                                                 workload adjustments, further increase
                                                                                                                            the fees if such an adjustment is                                              reserves and estimating the balance as of
                                                $24,641,504 by the ADUFA III offset of                                                                                                                     the beginning of FY 2019, FDA
                                                $6,548,646 results in an amount of                                          necessary to provide for not more than
                                                                                                                            3 months of operating reserves of                                              estimates that the ADUFA program will
                                                $18,093,000 (rounded to the nearest                                                                                                                        have sufficient funds for the operating
                                                thousand), before the final year                                            carryover user fees for the process for
                                                                                                                            the review of animal drug applications                                         reserves, thus FDA will not be
                                                adjustment.                                                                                                                                                performing a final year adjustment for
                                                                                                                            for the first 3 months of FY 2019. If such


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                                                                           Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices                                             35969

                                                FY 2019 because FDA has determined                      fees in FY 2018, FDA is assuming that                 has been approved (21 U.S.C. 379j–
                                                such an adjustment to be unnecessary.                   the number of applications that will pay              11(3)). The product fees are to be set so
                                                                                                        fees in FY 2018 will equal the average                that they will generate $4,885,000 in fee
                                                F. FY 2018 Fee Revenue Amounts
                                                                                                        number of submissions over the five                   revenue for FY 2018.
                                                   ADUFA III specifies that the revenue                 most recent completed years of the                       To set animal drug product fees to
                                                amount of $18,093,000 for FY 2018 is to                 ADUFA program (FY 2012 to FY 2016).                   realize $4,885,000, FDA must make
                                                be divided as follows: 20 percent, or a                 FDA believes that this is a reasonable                some assumptions about the number of
                                                total of $3,619,000 (rounded to the                     approach after 13 completed years of                  products for which these fees will be
                                                nearest thousand dollars), is to come                   experience with this program.                         paid in FY 2018. FDA developed data
                                                from application fees; 27 percent, or a                   Over the five most recent completed                 on all animal drug products that have
                                                total of $4,885,000 (rounded to the                     years, the average number of animal                   been submitted for listing under section
                                                nearest thousand dollars), is to come                   drug applications that would have been                510 of the FD&C Act and matched this
                                                from product fees; 26 percent, or a total               subject to the full fee was 8.2. Over this            to the list of all persons who had an
                                                of $4,704,000 (rounded to the nearest                   same period, the average number of                    animal drug application or supplement
                                                thousand dollars), is to come from                      supplemental applications for which                   pending after September 1, 2003. As of
                                                establishment fees; and 27 percent, or a                safety or effectiveness data are required             June 2017, FDA estimates that there are
                                                total of $4,885,000 (rounded to the                     and applications subject to the criteria              a total of 815 products submitted for
                                                nearest thousand dollars), is to come                   set forth in section 512(d)(4) of the                 listing by persons who had an animal
                                                from sponsor fees (21 U.S.C. 379j–                      FD&C Act that would have been subject                 drug application or supplemental
                                                12(b)).                                                 to half of the full fee was 14.0.                     animal drug application pending after
                                                III. Application Fee Calculations for FY                                                                      September 1, 2003. Based on this, FDA
                                                                                                        B. Application Fee Rates for FY 2018
                                                2018                                                                                                          estimates that a total of 815 products
                                                                                                           FDA must set the fee rates for FY 2018             will be subject to this fee in FY 2018.
                                                A. Application Fee Revenues and                         so that the estimated 8.2 applications                   In estimating the fee revenue to be
                                                Numbers of Fee-Paying Applications                      that pay the full fee and the estimated               generated by animal drug product fees
                                                   Each person that submits an animal                   14.0 supplemental applications for                    in FY 2018, FDA is assuming that 3
                                                drug application or a supplemental                      which safety or effectiveness data are                percent of the products invoiced, or 24,
                                                animal drug application shall be subject                required and applications subject to the              will not pay fees in FY 2018 due to fee
                                                to an application fee, with limited                     criteria set forth in section 512(d)(4) of            waivers and reductions. FDA has kept
                                                exceptions (see 21 U.S.C. 379j–12(a)(1)).               the FD&C Act that pay half of the full                this estimate at 3 percent this year,
                                                The term ‘‘animal drug application’’                    fee will generate a total of $3,619,000.              based on historical data over the past
                                                means an application for approval of                    To generate this amount, the fee for an               five completed years of the ADUFA
                                                any new animal drug submitted under                     animal drug application, rounded to the               program. Based on experience over the
                                                section 512(b)(1) of the FD&C Act (21                   nearest $100, will have to be $238,100,               first 13 completed years of the ADUFA
                                                U.S.C. 379j–11(1)). A ‘‘supplemental                    and the fee for a supplemental animal                 program, FDA believes that this is a
                                                animal drug application’’ is defined as                 drug application for which safety or                  reasonable basis for estimating the
                                                a request to the Secretary to approve a                 effectiveness data are required and for               number of fee-paying products in FY
                                                change in an animal drug application                    applications subject to the criteria set              2018.
                                                which has been approved, or a request                   forth in section 512(d)(4) of the FD&C                   Accordingly, the Agency estimates
                                                to the Secretary to approve a change to                 Act will have to be $119,050.                         that a total of 791 (815 minus 24)
                                                an application approved under section                   IV. Product Fee Calculations for FY                   products will be subject to product fees
                                                512(c)(2) of the FD&C Act for which                     2018                                                  in FY 2018.
                                                data with respect to safety or                                                                                B. Product Fee Rates for FY 2018
                                                effectiveness are required (21 U.S.C.                   A. Product Fee Revenues and Numbers
                                                379j–11(2)). The application fees are to                of Fee-Paying Products                                  FDA must set the fee rates for FY 2018
                                                be set so that they will generate                         The animal drug product fee (also                   so that the estimated 791 products that
                                                $3,619,000 in fee revenue for FY 2018.                  referred to as the product fee) must be               pay fees will generate a total of
                                                The fee for a supplemental animal drug                  paid annually by the person named as                  $4,885,000. To generate this amount
                                                application for which safety or                         the applicant in a new animal drug                    will require the fee for an animal drug
                                                effectiveness data are required and for                 application or supplemental new animal                product, rounded to the nearest $5, to be
                                                an animal drug application subject to                   drug application for an animal drug                   $6,175.
                                                criteria set forth in section 512(d)(4) of              product submitted for listing under                   V. Establishment Fee Calculations for
                                                the FD&C Act is to be set at 50 percent                 section 510 of the FD&C Act (21 U.S.C.                FY 2018
                                                of the animal drug application fee (21                  360), and who had an animal drug
                                                U.S.C. 379j–12(a)(1)(A)(ii)).                           application or supplemental animal                    A. Establishment Fee Revenues and
                                                   To set animal drug application fees                  drug application pending at FDA after                 Numbers of Fee-Paying Establishments
                                                and supplemental animal drug                            September 1, 2003 (21 U.S.C. 379j–                       The animal drug establishment fee
                                                application fees to realize $3,619,000                  12(a)(2)). The term ‘‘animal drug                     (also referred to as the establishment
                                                FDA must first make some assumptions                    product’’ means each specific strength                fee) must be paid annually by the
                                                about the number of fee-paying                          or potency of a particular active                     person who: (1) Owns or operates,
                                                                                                        ingredient or ingredients in final dosage             directly or through an affiliate, an
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                                                applications and supplements the
                                                Agency will receive in FY 2018.                         form marketed by a particular                         animal drug establishment; (2) is named
                                                   The Agency knows the number of                       manufacturer or distributor, which is                 as the applicant in an animal drug
                                                applications that have been submitted                   uniquely identified by the labeler code               application or supplemental animal
                                                in previous years. That number                          and product code portions of the                      drug application for an animal drug
                                                fluctuates from year to year. In                        national drug code, and for which an                  product submitted for listing under
                                                estimating the fee revenue to be                        animal drug application or a                          section 510 of the FD&C Act; (3) had an
                                                generated by animal drug application                    supplemental animal drug application                  animal drug application or


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                                                35970                               Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices

                                                supplemental animal drug application                                    years. Based on experience over the past                                  To set animal drug sponsor fees to
                                                pending at FDA after September 1, 2003;                                 13 completed years of the ADUFA                                         realize $4,885,000, FDA must make
                                                and (4) whose establishment engaged in                                  program, FDA believes that this is a                                    some assumptions about the number of
                                                the manufacture of the animal drug                                      reasonable basis for estimating the                                     sponsors who will pay these fees in FY
                                                product during the fiscal year (see 21                                  number of fee-paying establishments in                                  2018. Based on the number of firms that
                                                U.S.C. 379j–12(a)(3)). An establishment                                 FY 2018.                                                                would have met this definition in each
                                                subject to animal drug establishment                                      Accordingly, the Agency estimates                                     of the past 13 completed years of the
                                                fees is assessed only one such fee per                                  that a total of 53 establishments (60                                   ADUFA program, FDA estimates that a
                                                fiscal year. The term ‘‘animal drug                                     minus 7) will be subject to                                             total of 198 sponsors will meet this
                                                establishment’’ is defined as a foreign or                              establishment fees in FY 2018.                                          definition in FY 2018.
                                                domestic place of business which is at                                  B. Establishment Fee Rates for FY 2018                                    A review of our records indicates that
                                                one general physical location consisting                                                                                                        35 percent of these sponsors will qualify
                                                of one or more buildings all of which                                     FDA must set the fee rates for FY 2018
                                                                                                                        so that the estimated 53 establishments                                 for a minor use/minor species fee
                                                are within 5 miles of each other, at                                                                                                            waiver or reduction (21 U.S.C. 379j–
                                                which one or more animal drug                                           that pay fees will generate a total of
                                                                                                                        $4,704,000. To generate this amount                                     12(d)(1)(D)). Based on the Agency’s
                                                products are manufactured in final                                                                                                              experience to date with sponsor fees,
                                                dosage form (21 U.S.C. 379j–11(4)). The                                 will require the fee for an animal drug
                                                                                                                        establishment, rounded to the nearest                                   FDA’s current best estimate is that an
                                                establishment fees are to be set so that                                                                                                        additional 32 percent will qualify for
                                                they will generate $4,704,000 in fee                                    $50, to be $88,750.
                                                                                                                                                                                                other waivers or reductions, for a total
                                                revenue for FY 2018.                                                    VI. Sponsor Fee Calculations for FY                                     of 67 percent of the sponsors invoiced,
                                                   To set animal drug establishment fees                                2018                                                                    or 133, who will not pay fees in FY 2018
                                                to realize $4,704,000, FDA must make
                                                                                                                        A. Sponsor Fee Revenues and Numbers                                     due to fee waivers and reductions. FDA
                                                some assumptions about the number of
                                                                                                                        of Fee-Paying Sponsors                                                  has kept this estimate at 67 percent this
                                                establishments for which these fees will
                                                                                                                                                                                                year, based on historical data over the
                                                be paid in FY 2018. FDA developed data                                     The animal drug sponsor fee (also                                    past 5 completed years of the ADUFA
                                                on all animal drug establishments and                                   referred to as the sponsor fee) must be                                 program. FDA believes that this is a
                                                matched this to the list of all persons                                 paid annually by each person who: (1)                                   reasonable basis for estimating the
                                                who had an animal drug application or                                   Is named as the applicant in an animal                                  number of fee-paying sponsors in FY
                                                supplement pending after September 1,                                   drug application, except for an                                         2018.
                                                2003. As of June 2017, FDA estimates                                    approved application for which all
                                                that there are a total of 60                                            subject products have been removed                                        Accordingly, the Agency estimates
                                                establishments owned or operated by                                     from listing under section 510 of the                                   that a total of 65 sponsors (198 minus
                                                persons who had an animal drug                                          FD&C Act, or has submitted an                                           133) will be subject to and pay sponsor
                                                application or supplemental animal                                      investigational animal drug submission                                  fees in FY 2018.
                                                drug application pending after                                          that has not been terminated or                                         B. Sponsor Fee Rates for FY 2018
                                                September 1, 2003. Based on this, FDA                                   otherwise rendered inactive and (2) had
                                                believes that 60 establishments will be                                 an animal drug application,                                               FDA must set the fee rates for FY 2018
                                                subject to this fee in FY 2018.                                         supplemental animal drug application,                                   so that the estimated 65 sponsors that
                                                   In estimating the fee revenue to be                                  or investigational animal drug                                          pay fees will generate a total of
                                                generated by animal drug establishment                                  submission pending at FDA after                                         $4,885,000. To generate this amount
                                                fees in FY 2018, FDA is assuming that                                   September 1, 2003 (see 21 U.S.C. 379j–                                  will require the fee for an animal drug
                                                11 percent of the establishments                                        11(6) and 379j–12(a)(4)). An animal                                     sponsor, rounded to the nearest $50, to
                                                invoiced, or seven, will not pay fees in                                drug sponsor is subject to only one such                                be $75,150.
                                                FY 2018 due to fee waivers and                                          fee each fiscal year (see 21 U.S.C. 379j–                               VII. Fee Schedule for FY 2018
                                                reductions. FDA has kept this estimate                                  12(a)(4)). The sponsor fees are to be set
                                                at 11 percent this year, based on                                       so that they will generate $4,885,000 in                                  The fee rates for FY 2018 are
                                                historical data over the past 5 completed                               fee revenue for FY 2018.                                                summarized in Table 6.

                                                                                                                              TABLE 6—FY 2018 FEE RATES
                                                                                                                                                                                                                                               Fee rate for
                                                                                                                       Animal drug user fee category                                                                                            FY 2018

                                                Animal Drug Application Fees:
                                                    Animal Drug Application ...............................................................................................................................................................        $238,100
                                                    Supplemental Animal Drug Application for Which Safety or Effectiveness Data are Required or Animal Drug Application
                                                      Subject to the Criteria Set Forth in Section 512(d)(4) of the FD&C Act ..................................................................................                                     119,050
                                                Animal Drug Product Fee ....................................................................................................................................................................          6,175
                                                Animal Drug Establishment Fee1 ........................................................................................................................................................              88,750
                                                Animal Drug Sponsor Fee2 .................................................................................................................................................................           75,150
                                                   1 An   animal drug establishment is subject to only one such fee each fiscal year.
                                                   2 An   animal drug sponsor is subject to only one such fee each fiscal year.
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                                                                           Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices                                                  35971

                                                VIII. Procedures for Paying the FY 2018                 New York, NY 10045, FDA Deposit                       able to print a copy of your cover sheet
                                                Fees                                                    Account Number: 75060099, U.S.                        showing your unique PIN.
                                                                                                        Department of Treasury routing/transit                  Step Three—Send the payment for
                                                A. Application Fees and Payment
                                                                                                        number: 021030004, SWIFT Number:                      your application as described in section
                                                Instructions
                                                                                                        FRNYUS33, Beneficiary: FDA, 8455                      VIII.A.
                                                   The appropriate application fee                      Colesville Rd., 14th Floor, Silver Spring,              Step Four—Please submit your
                                                established in the new fee schedule                     MD 20993–0002.                                        application and a copy of the completed
                                                must be paid for an animal drug                            To send a check by a courier such as               Animal Drug User Fee Cover Sheet to
                                                application or supplement subject to                    Federal Express, the courier must                     the following address: Food and Drug
                                                fees under ADUFA III that is submitted                  deliver the check and printed copy of                 Administration, Center for Veterinary
                                                on or after October 1, 2017. The                        the cover sheet to: U.S. Bank, Attn:                  Medicine, Document Control Unit
                                                payment must be made in U.S. currency                   Government Lockbox 979033, 1005                       (HFV–199), 7500 Standish Pl.,
                                                by one of the following methods: Wire                   Convention Plaza, St. Louis, MO 63101.                Rockville, MD 20855.
                                                transfer, electronically, check, bank                   (Note: This address is for courier
                                                draft, or U.S. postal money order made                  delivery only. If you have any questions              C. Product, Establishment, and Sponsor
                                                payable to the Food and Drug                            concerning courier delivery contact U.S.              Fees
                                                Administration. The preferred payment                   Bank at 314–418–4013. This telephone                     By December 31, 2017, FDA will issue
                                                method is online using electronic check                 number is only for questions about                    invoices and payment instructions for
                                                (Automated Clearing House (ACH) also                    courier delivery.)                                    product, establishment, and sponsor
                                                known as eCheck) or credit card                            It is important that the fee arrives at            fees for FY 2018 using this fee schedule.
                                                (Discover, VISA, MasterCard, American                   the bank at least a day or two before the             Payment will be due by January 31,
                                                Express). Secure electronic payments                    application arrives at FDA’s CVM. FDA                 2018. FDA will issue invoices in
                                                can be submitted using the User Fees                    records the official application receipt              November 2018 for any products,
                                                Payment Portal at https://                              date as the later of the following: The               establishments, and sponsors subject to
                                                userfees.fda.gov/pay or the Pay.gov                     date the application was received by                  fees for FY 2018 that qualify for fees
                                                payment option is available to you after                FDA’s CVM, or the date U.S. Bank                      after the December 2017 billing.
                                                you submit a cover sheet. (Note: only                   notifies FDA that your payment in the
                                                                                                                                                                Dated: July 26, 2017.
                                                full payments are accepted. No partial                  full amount has been received, or when
                                                payments can be made online.) Once                      the U.S. Treasury notifies FDA of                     Leslie Kux,
                                                you search for and find your invoice,                   receipt of an electronic or wire transfer             Associate Commissioner for Policy.
                                                select ‘‘Pay Now’’ to be redirected to                  payment. U.S. Bank and the U.S.                       [FR Doc. 2017–16180 Filed 8–1–17; 8:45 am]
                                                Pay.gov. Electronic payment options are                 Treasury are required to notify FDA                   BILLING CODE 4164–01–P
                                                based on the balance due. Payment by                    within 1 working day, using the PIN
                                                credit card is available only for balances              described previously.
                                                that are less than $25,000. If the balance                 The tax identification number of FDA               DEPARTMENT OF HEALTH AND
                                                exceeds this amount, only the ACH                       is 53–0196965. (Note: In no case should               HUMAN SERVICES
                                                option is available. Payments must be                   the payment for the fee be submitted to
                                                made using U.S. bank accounts as well                   FDA with the application.)                            Food and Drug Administration
                                                as U.S. credit cards.                                                                                         [Docket No. FDA–2011–D–0689]
                                                   When paying by check, bank draft, or                 B. Application Cover Sheet Procedures
                                                U.S. postal money order, please write                      Step One—Create a user account and                 Agency Information Collection
                                                your application’s unique Payment                       password. Log on to the ADUFA Web                     Activities; Submission for Office of
                                                Identification Number (PIN), beginning                  site at http://www.fda.gov/ForIndustry/               Management and Budget Review;
                                                with the letters AD, on the upper right-                UserFees/AnimalDrugUser                               Comment Request; De Novo
                                                hand corner of your completed Animal                    FeeActADUFA/default.htm and, under                    Classification Process (Evaluation of
                                                Drug User Fee Cover Sheet. Also write                   Tools and Resources, click ‘‘The Animal               Automatic Class III Designation)
                                                the FDA post office box number (P.O.                    Drug User Fee Cover Sheet’’ and then
                                                Box 979033) on the enclosed check,                      select ‘‘Create ADUFA User Fee Cover                  AGENCY:    Food and Drug Administration,
                                                bank draft, or money order. Mail the                    Sheet.’’ For security reasons, each firm              HHS.
                                                payment and a copy of the completed                     submitting an application will be                     ACTION:   Notice.
                                                Animal Drug User Fee Cover Sheet to:                    assigned an organization identification
                                                Food and Drug Administration, P.O.                      number, and each user will also be                    SUMMARY:   The Food and Drug
                                                Box 979033, St. Louis, MO 63197–9000.                   required to set up a user account and                 Administration (FDA) is announcing
                                                When paying by wire transfer, the                       password the first time you use this site.            that a proposed collection of
                                                invoice number needs to be included;                    Online instructions will walk you                     information has been submitted to the
                                                without the invoice number, the                         through this process.                                 Office of Management and Budget
                                                payment may not be applied. If the                         Step Two—Create an Animal Drug                     (OMB) for review and clearance under
                                                payment amount is not applied, the                      User Cover Sheet, transmit it to FDA,                 the Paperwork Reduction Act of 1995.
                                                invoice amount would be referred to                     and print a copy. After logging into your             DATES: Fax written comments on the
                                                collections. The originating financial                  account with your user name and                       collection of information by September
                                                institution may charge a wire transfer                  password, complete the steps required                 1, 2017.
                                                                                                        to create an Animal Drug User Fee                     ADDRESSES: To ensure that comments on
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                                                fee. If the financial institution charges a
                                                wire transfer fee, it is required to add                Cover Sheet. One cover sheet is needed                the information collection are received,
                                                that amount to the payment to ensure                    for each animal drug application or                   OMB recommends that written
                                                that the invoice is paid in full.                       supplement. Once you are satisfied that               comments be faxed to the Office of
                                                   Use the following account                            the data on the cover sheet is accurate               Information and Regulatory Affairs,
                                                information when sending a payment by                   and you have finalized the cover sheet,               OMB, Attn: FDA Desk Officer, FAX:
                                                wire transfer: U.S. Department of                       you will be able to transmit it                       202–395–7285, or emailed to oira_
                                                Treasury, TREAS NYC, 33 Liberty St.,                    electronically to FDA and you will be                 submission@omb.eop.gov. All


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Document Created: 2017-08-02 07:09:16
Document Modified: 2017-08-02 07:09:16
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.
ContactVisit FDA's Web site at http:// www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240- 402-6888. For general questions, you may also email the Center for Veterinary Medicine (CVM) at: [email protected]
FR Citation82 FR 35966 

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