82_FR_43418 82 FR 43241 - Biosimilar User Fee Rates for Fiscal Year 2018

82 FR 43241 - Biosimilar User Fee Rates for Fiscal Year 2018

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range43241-43243
FR Document2017-19493

The Food and Drug Administration (FDA) is announcing the rates for biosimilar user fees for fiscal year (FY) 2018. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Biosimilar User Fee Amendments of 2017 (BsUFA II), authorizes FDA to assess and collect user fees for certain activities in connection with biosimilar biological product development; review of certain applications for approval of biosimilar biological products; and each biosimilar biological product approved in a biosimilar biological product application. BsUFA II directs FDA to establish, before the beginning of each fiscal year, the amount of initial and annual biosimilar biological product development (BPD) fees, the reactivation fee, and the biosimilar biological product application and program fees for such year. These fees apply to the period from October 1, 2017, through September 30, 2018.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43241-43243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19493]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Biosimilar User Fee Rates for Fiscal Year 2018

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the rates 
for biosimilar user fees for fiscal year (FY) 2018. The Federal Food, 
Drug, and Cosmetic Act (the FD&C Act), as amended by the Biosimilar 
User Fee Amendments of 2017 (BsUFA II), authorizes FDA to assess and 
collect user fees for certain activities in connection with biosimilar 
biological product development; review of certain applications for 
approval of biosimilar biological products; and each biosimilar 
biological product approved in a biosimilar biological product 
application.
    BsUFA II directs FDA to establish, before the beginning of each 
fiscal year, the amount of initial and annual biosimilar biological 
product development (BPD) fees, the reactivation fee, and the 
biosimilar biological product application and program fees for such 
year. These fees apply to the period from October 1, 2017, through 
September 30, 2018.

FOR FURTHER INFORMATION CONTACT: David Haas, Office of Financial 
Management, Food and Drug Administration, 8455 Colesville Rd., COLE-
14202I, Silver Spring, MD 20993-0002, 240-402-9845.

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 744G, 744H, and 744I of the FD&C Act (21 U.S.C. 379j-51, 
379j-52, and 379j-53), as amended by BsUFA II (title IV of the FDA 
Reauthorization Act of 2017, Pub. L. 115-52), authorizes the program of 
fees for biosimilar biological products. Under section 744H(a)(1)(A) of 
the FD&C Act, the initial BPD fee for a product is due when the sponsor 
submits an investigational new drug (IND) application that FDA 
determines is intended to support a biosimilar biological product 
application or within 5 calendar days after FDA grants the first BPD 
meeting, whichever occurs first. A sponsor who has paid the initial BPD 
fee is considered to be participating in FDA's BPD program for that 
product.
    Under section 744H(a)(1)(B) of the FD&C Act, once a sponsor has 
paid the initial BPD fee for a product, the annual BPD fee is assessed 
beginning with the next fiscal year. The annual BPD fee is assessed for 
the product each fiscal year until the sponsor submits a marketing 
application for the product that is accepted for filing, or 
discontinues participation in FDA's BPD program.
    Under section 744H(a)(1)(D) of the FD&C Act, if a sponsor has 
discontinued participation in FDA's BPD program and wants to re-engage 
with FDA on development of the product, the sponsor must pay a 
reactivation fee to resume participation in the program. The sponsor 
must pay the reactivation fee by the earlier of the following dates: No 
later than 5 calendar days after FDA grants the sponsor's request for a 
BPD meeting for that product, or upon the date of submission by the 
sponsor of an IND describing an investigation that FDA determines is 
intended to support a biosimilar biological product application. The 
sponsor will be assessed an annual BPD fee beginning with the first 
fiscal year after payment of the reactivation fee.
    BsUFA II also authorizes fees for certain biosimilar biological 
product applications and for each biosimilar biological product 
identified in an approved biosimilar biological product application 
(sections 744H(a)(2) and 744H(a)(3) of the FD&C Act). Under certain 
conditions, FDA may grant a small business a waiver from its first 
biosimilar biological product application fee (section 744H(d)(1) of 
the FD&C Act).
    For FY 2018, the fee revenue amount is $45,000,000, adjusted as 
needed to reflect an updated assessment of the workload for the process 
for the review of biosimilar biological product applications. FDA is 
adjusting the FY 2018 revenue amount to $40,214,000 (rounded to the 
nearest thousand dollars) reflecting its updated assessment of the 
likely workload for the BsUFA program in FY 2018.
    This document provides fee rates for FY 2018 for the initial and 
annual BPD fee ($227,213), for the reactivation fee ($454,426), for an 
application requiring clinical data ($1,746,745), for an application 
not requiring clinical data ($873,373), and for the program fee 
($304,162). These fees apply to the period from October 1, 2017, 
through September 30, 2018. For applications that are submitted for 
this period, this FY 2018 fee schedule must be used.

II. Fee Revenue Amount for FY 2018

    The fee revenue amount for FY 2018 is $45,000,000 adjusted for 
updated workload estimates (see sections 744H(b)(1) and 744H(c)(4) of 
the FD&C Act).

A. Statutory Fee Revenue Adjustments for Inflation

    BsUFA II specifies that the annual fee revenue amount is to be 
further adjusted for inflation increases for FY 2019 through FY 2022 
using two separate adjustments--one for personnel

[[Page 43242]]

compensation and benefits (PC&B) and one for non-PC&B costs (see 
section 744H(c)(1) of the FD&C Act). Because the adjustment for 
inflation does not take effect until FY 2019, FDA will not adjust the 
FY 2018 fee revenue amount for inflation.

B. FY 2018 Statutory Fee Revenue Adjustment for Workload

    BsUFA II specifies that for FY 2018, the fee revenue amount 
includes an adjustment to reflect an updated assessment of the workload 
for the process for the review of biosimilar biological product 
applications (see section 744H(c)(4) of the FD&C Act).
    In considering the appropriate FY 2018 fee revenue adjustment, FDA 
considered a range of factors including its best estimated level of 
submissions and activities (including forecasts of new BPDs, new 
351(k)s, resubmitted 351(k)s, advisory committee meetings, 
interchangeability supplements, industry meetings, inspection activity, 
science and research activities, policy work, and other activities). 
Considering the totality of work forecasted for FY 2018 (and 
recognizing the inherent uncertainty of any forecast), FDA has 
determined that the appropriate adjusted level of the FY 2018 BsUFA fee 
revenue amount to be $40,214,000 (rounded to the nearest thousand 
dollars). FDA will use this amount as the target revenue amount for FY 
2018.

III. Fee Amounts for FY 2018

    Under section 744H(b)(3)(A) of the FD&C Act, FDA must determine the 
percentage of the total revenue amount for a fiscal year to be derived 
from: (1) Initial and annual BPD fees and reactivation fees, (2) 
biosimilar biological product application fees, and (3) biosimilar 
biological product program fees. In establishing the fee amounts for 
the first year of BsUFA II, FDA considered how best to balance the fee 
allocation to provide stable funding and reasonable fee amounts, and 
utilized benchmarks as described below. In future years, FDA will 
consider the most appropriate means of allocating the fee amounts to 
collect the adjusted target revenue amount, subject to the relevant 
statutory provisions.

A. Application Fees

    In establishing the biosimilar biological product application fee 
amount for FY 2018, FDA estimated the total number of fee-paying full 
applications equivalents (FAEs) it expects to receive in FY 2018. A 
full original 351(k) submission requiring clinical data counts as one 
FAE. An original 351(k) application not requiring clinical data counts 
as one-half of an FAE. An application that is withdrawn before filing, 
or refused for filing, counts as one-fourth of an FAE if the applicant 
initially paid a full application fee. An application that is 
withdrawn, or refused for filing, counts as one-eighth of an FAE if the 
applicant initially paid one-half of the full application fee.
    FDA considered the likelihood of submissions based on various 
indicators including a survey of sponsors on their intention to submit 
a 351(k) application. Based on the available information, FDA estimates 
it may receive 13 351(k) applications in FY 2018.
    FDA has determined that the amount of the biosimilar biological 
product application fee for FY 2018 is $1,746,745, which is estimated 
to provide a total of $22,707,685, representing 56 percent (rounded to 
the nearest one) of the FY 2018 target revenue amount.

B. Biosimilar Biological Product Program Fee

    BsUFA II renamed the product fee as the biosimilar biological 
product program fee (``program fee''); in addition, BsUFA II introduced 
a limitation that a person who is named as an applicant in a 351(k) 
application shall not be assessed more than five program fees for a 
fiscal year for biosimilar biological products identified in each 
351(k) application (see FD&C Act section 744H(a)(3)(D)). The program 
fee was also modified so that applicants are assessed a program fee 
only for biosimilar biological products identified in a biosimilar 
biological product application approved as of October 1 of such fiscal 
year.
    FDA estimates up to nine program fees will be invoiced in FY 2018, 
including currently approved products and products with the potential 
to be approved in pending applications with goal dates in FY 2017. For 
products invoiced in the FY 2018 regular billing cycle, FDA anticipates 
that zero program fees will be refunded. This prediction is based on 
observations dating to 2015, when the first biosimilar product was 
approved.
    FDA has determined that the amount of the biosimilar biological 
product program fee for FY 2018 is $304,162, which is estimated to 
provide a total of $2,737,458, representing 7 percent (rounded to the 
nearest one) of the FY 2018 target revenue amount.

C. Initial and Annual BPD Fees, Reactivation Fees

    To estimate the number of participants in the BPD program in FY 
2018, FDA must consider the number of new participants in the BPD 
program (initial BPD), the number of current participants (annual BPD), 
and the number of participants who will re-enter the BPD program 
(reactivation). FDA uses internal data, a survey of BPD sponsors, 
market sales data on reference products, and expected reference product 
expiration dates to estimate the total number of participants in the 
BPD program. FDA estimates 10 participants entering the BPD program, 
zero reactivations, and 55 participants to be invoiced for the annual 
BPD fee for a total of 65 participants in the BPD program in FY 2018.
    The remainder of the target revenue of $14,768,857, or 37 percent 
(rounded to the nearest one), is to be collected from the BPD fees. 
Dividing this amount by the estimated 65 BPD fees to be paid equals a 
BPD fee amount of $227,213. The reactivation fee is set at twice the 
initial/annual BPD amount at $454,426. FDA estimates zero reactivation 
fees will be paid, as none have yet been paid in the history of the 
BsUFA program.

IV. Fee Schedule for FY 2018

    The fee rates for FY 2018 are provided in table 1.

                    Table 1--Fee Schedule for FY 2018
------------------------------------------------------------------------
                                                          Fee rates  for
                      Fee category                         FY 2018  ($)
------------------------------------------------------------------------
Initial BPD.............................................         227,213
Annual BPD..............................................         227,213
Reactivation............................................         454,426
Applications:
  Requiring clinical data...............................       1,746,745
  Not requiring clinical data...........................         873,373
Program.................................................         304,162
------------------------------------------------------------------------

V. Fee Payment Options and Procedures

A. Initial BPD, Reactivation, and Application Fees

    The fees established in the new fee schedule apply to FY 2018, 
i.e., the period from October 1, 2017, through September 30, 2018. The 
initial BPD fee for a product is due when the sponsor submits an IND 
that FDA determines is intended to support a biosimilar biological 
product application for the product or within 5 calendar days after FDA 
grants the first BPD meeting for the product, whichever occurs first. 
Sponsors who have discontinued participation in the BPD program must 
pay the reactivation fee by the earlier of the following dates: No 
later than 5 calendar days after FDA grants the sponsor's request for a 
BPD meeting for that product, or upon the date of

[[Page 43243]]

submission by the sponsor of an IND describing an investigation that 
FDA determines is intended to support a biosimilar biological product 
application.
    The application fee for a biosimilar biological product is due upon 
submission of the application (see section 744H(a)(2)(C) of the FD&C 
Act).
    To make a payment of the initial BPD, reactivation, or application 
fee, complete the Biosimilar User Fee Cover Sheet, available on FDA's 
Web site (http://www.fda.gov/bsufa) and generate a user fee 
identification (ID) number. Payment must be made in U.S. currency by 
electronic check, check, bank draft, U.S. postal money order, or wire 
transfer. 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 (Note: Only full payments are accepted. No 
partial payments can be made online). Once you search for your invoice, 
click ``Pay Now'' to be redirected to Pay.gov. Electronic payment 
options are based on the balance due. Payment by credit card is 
available 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.
    FDA has partnered with the U.S. Department of the Treasury to use 
http://www.pay.gov, a web-based payment application, for online 
electronic payment. The Pay.gov feature is available on FDA's Web site 
after completing the Biosimilar User Fee Cover Sheet and generating the 
user fee ID number.
    Please include the user fee ID number on your check, bank draft, or 
postal money order, and make it payable to the Food and Drug 
Administration. Your payment can be mailed to: Food and Drug 
Administration, P.O. Box 979108, St. Louis, MO 63197-9000. To send a 
check by a courier such as Federal Express or United Parcel Service, 
the courier must deliver the check and printed copy of the cover sheet 
to: U.S. Bank, ATTN: Government Lockbox 979108, 1005 Convention Plaza, 
St. Louis, MO 63101. (Note: This U.S. Bank address is for courier 
delivery only. Contact U.S. Bank at 314-418-4013 if you have any 
questions concerning courier delivery.) Please make sure that the FDA 
post office box number (P.O. Box 979108) is written on the check, bank 
draft, or postal money order.
    If paying by wire transfer, please reference your unique user fee 
ID number when completing the transfer. The originating financial 
institution may charge a wire transfer fee. Please ask your financial 
institution about the fee and include it with your payment to ensure 
that your fee is fully paid. The account information for wire transfers 
is as follows: U.S. Department of Treasury, TREAS NYC, 33 Liberty St., 
New York, NY 10045, Acct. No.: 75060099, Routing No.: 021030004, SWIFT: 
FRNYUS33, Beneficiary: FDA, 8455 Colesville Rd., 14th Floor, Silver 
Spring, MD 20993-0002. If needed, FDA's tax identification number is 
53-0196965.

B. Annual BPD and Program Fees

    FDA will issue invoices for annual BPD and program fees for FY 2018 
under the new fee schedule in September 2017. Payment instructions will 
be included in the invoices, including payment due dates. If sponsors 
join the BPD program after the annual BPD invoices have been issued in 
September 2017, FDA will issue invoices in December 2017 to firms 
subject to fees for FY 2018 that qualify for the annual BPD fee after 
the September 2017 billing. FDA will issue invoices in December 2017 
for any annual program fees for FY 2018 that qualify for fee 
assessments and were not issued in September 2017.

    Dated: September 8, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-19493 Filed 9-13-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                     Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices                                                             43241

                                                                                                                                    ANNUAL BURDEN ESTIMATES
                                                                                                                                                                                        Number of           Average
                                                                                                                                                                      Number of                                          Total burden
                                                                                                   Instrument                                                                         responses per       burden hours
                                                                                                                                                                     respondents                                            hours
                                                                                                                                                                                        respondent        per response

                                                    ORR–5 Form ...................................................................................................         50               1                 22            1,100



                                                      Estimated Total Annual Burden                                        biological product approved in a                             grants the sponsor’s request for a BPD
                                                    Hours: 1,100.                                                          biosimilar biological product                                meeting for that product, or upon the
                                                      Additional Information: Copies of the                                application.                                                 date of submission by the sponsor of an
                                                    proposed collection may be obtained by                                   BsUFA II directs FDA to establish,                         IND describing an investigation that
                                                    writing to the Administration for                                      before the beginning of each fiscal year,                    FDA determines is intended to support
                                                    Children and Families, Office of                                       the amount of initial and annual                             a biosimilar biological product
                                                    Planning, Research and Evaluation, 330                                 biosimilar biological product                                application. The sponsor will be
                                                    C Street SW., Washington, DC 20201.                                    development (BPD) fees, the                                  assessed an annual BPD fee beginning
                                                    Attention Reports Clearance Officer. All                               reactivation fee, and the biosimilar                         with the first fiscal year after payment
                                                    requests should be identified by the title                             biological product application and                           of the reactivation fee.
                                                    of the information collection. Email                                   program fees for such year. These fees                          BsUFA II also authorizes fees for
                                                    address: infocollection@acf.hhs.gov.                                   apply to the period from October 1,                          certain biosimilar biological product
                                                      OMB Comment: OMB is required to                                      2017, through September 30, 2018.                            applications and for each biosimilar
                                                    make a decision concerning the                                         FOR FURTHER INFORMATION CONTACT:                             biological product identified in an
                                                    collection of information between 30                                   David Haas, Office of Financial                              approved biosimilar biological product
                                                    and 60 days after publication of this                                  Management, Food and Drug                                    application (sections 744H(a)(2) and
                                                    document in the Federal Register.                                      Administration, 8455 Colesville Rd.,                         744H(a)(3) of the FD&C Act). Under
                                                    Therefore, a comment is best assured of                                COLE–14202I, Silver Spring, MD                               certain conditions, FDA may grant a
                                                    having its full effect if OMB receives it                              20993–0002, 240–402–9845.                                    small business a waiver from its first
                                                    within 30 days of publication. Written                                 SUPPLEMENTARY INFORMATION:                                   biosimilar biological product
                                                    comments and recommendations for the                                                                                                application fee (section 744H(d)(1) of
                                                    proposed information collection should                                 I. Background
                                                                                                                                                                                        the FD&C Act).
                                                    be sent directly to the following: Office                                 Sections 744G, 744H, and 744I of the                         For FY 2018, the fee revenue amount
                                                    of Management and Budget, Paperwork                                    FD&C Act (21 U.S.C. 379j–51, 379j–52,                        is $45,000,000, adjusted as needed to
                                                    Reduction Project, Email: OIRA_                                        and 379j–53), as amended by BsUFA II                         reflect an updated assessment of the
                                                    SUBMISSION@OMB.EOP.GOV. Attn:                                          (title IV of the FDA Reauthorization Act                     workload for the process for the review
                                                    Desk Officer for the Administration for                                of 2017, Pub. L. 115–52), authorizes the                     of biosimilar biological product
                                                    Children and Families                                                  program of fees for biosimilar biological                    applications. FDA is adjusting the FY
                                                                                                                           products. Under section 744H(a)(1)(A)                        2018 revenue amount to $40,214,000
                                                    Robert Sargis,
                                                                                                                           of the FD&C Act, the initial BPD fee for                     (rounded to the nearest thousand
                                                    Reports Clearance Officer.
                                                                                                                           a product is due when the sponsor                            dollars) reflecting its updated
                                                    [FR Doc. 2017–19467 Filed 9–13–17; 8:45 am]                            submits an investigational new drug                          assessment of the likely workload for
                                                    BILLING CODE 4184–01–P                                                 (IND) application that FDA determines                        the BsUFA program in FY 2018.
                                                                                                                           is intended to support a biosimilar                             This document provides fee rates for
                                                                                                                           biological product application or within                     FY 2018 for the initial and annual BPD
                                                    DEPARTMENT OF HEALTH AND                                               5 calendar days after FDA grants the                         fee ($227,213), for the reactivation fee
                                                    HUMAN SERVICES                                                         first BPD meeting, whichever occurs                          ($454,426), for an application requiring
                                                    Food and Drug Administration                                           first. A sponsor who has paid the initial                    clinical data ($1,746,745), for an
                                                                                                                           BPD fee is considered to be participating                    application not requiring clinical data
                                                    [Docket No. FDA–2017–N–0007]                                           in FDA’s BPD program for that product.                       ($873,373), and for the program fee
                                                                                                                              Under section 744H(a)(1)(B) of the                        ($304,162). These fees apply to the
                                                    Biosimilar User Fee Rates for Fiscal                                   FD&C Act, once a sponsor has paid the                        period from October 1, 2017, through
                                                    Year 2018                                                              initial BPD fee for a product, the annual                    September 30, 2018. For applications
                                                    AGENCY:       Food and Drug Administration,                            BPD fee is assessed beginning with the                       that are submitted for this period, this
                                                    HHS.                                                                   next fiscal year. The annual BPD fee is                      FY 2018 fee schedule must be used.
                                                    ACTION:      Notice.                                                   assessed for the product each fiscal year
                                                                                                                           until the sponsor submits a marketing                        II. Fee Revenue Amount for FY 2018
                                                    SUMMARY:    The Food and Drug                                          application for the product that is                             The fee revenue amount for FY 2018
                                                    Administration (FDA) is announcing the                                 accepted for filing, or discontinues                         is $45,000,000 adjusted for updated
                                                    rates for biosimilar user fees for fiscal                              participation in FDA’s BPD program.                          workload estimates (see sections
                                                    year (FY) 2018. The Federal Food, Drug,                                   Under section 744H(a)(1)(D) of the                        744H(b)(1) and 744H(c)(4) of the FD&C
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    and Cosmetic Act (the FD&C Act), as                                    FD&C Act, if a sponsor has discontinued                      Act).
                                                    amended by the Biosimilar User Fee                                     participation in FDA’s BPD program and
                                                    Amendments of 2017 (BsUFA II),                                         wants to re-engage with FDA on                               A. Statutory Fee Revenue Adjustments
                                                    authorizes FDA to assess and collect                                   development of the product, the sponsor                      for Inflation
                                                    user fees for certain activities in                                    must pay a reactivation fee to resume                          BsUFA II specifies that the annual fee
                                                    connection with biosimilar biological                                  participation in the program. The                            revenue amount is to be further adjusted
                                                    product development; review of certain                                 sponsor must pay the reactivation fee by                     for inflation increases for FY 2019
                                                    applications for approval of biosimilar                                the earlier of the following dates: No                       through FY 2022 using two separate
                                                    biological products; and each biosimilar                               later than 5 calendar days after FDA                         adjustments—one for personnel


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                                                    43242                    Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

                                                    compensation and benefits (PC&B) and                    clinical data counts as one-half of an                new participants in the BPD program
                                                    one for non-PC&B costs (see section                     FAE. An application that is withdrawn                 (initial BPD), the number of current
                                                    744H(c)(1) of the FD&C Act). Because                    before filing, or refused for filing, counts          participants (annual BPD), and the
                                                    the adjustment for inflation does not                   as one-fourth of an FAE if the applicant              number of participants who will re-
                                                    take effect until FY 2019, FDA will not                 initially paid a full application fee. An             enter the BPD program (reactivation).
                                                    adjust the FY 2018 fee revenue amount                   application that is withdrawn, or                     FDA uses internal data, a survey of BPD
                                                    for inflation.                                          refused for filing, counts as one-eighth              sponsors, market sales data on reference
                                                                                                            of an FAE if the applicant initially paid             products, and expected reference
                                                    B. FY 2018 Statutory Fee Revenue
                                                                                                            one-half of the full application fee.                 product expiration dates to estimate the
                                                    Adjustment for Workload                                    FDA considered the likelihood of                   total number of participants in the BPD
                                                       BsUFA II specifies that for FY 2018,                 submissions based on various indicators               program. FDA estimates 10 participants
                                                    the fee revenue amount includes an                      including a survey of sponsors on their               entering the BPD program, zero
                                                    adjustment to reflect an updated                        intention to submit a 351(k) application.             reactivations, and 55 participants to be
                                                    assessment of the workload for the                      Based on the available information, FDA               invoiced for the annual BPD fee for a
                                                    process for the review of biosimilar                    estimates it may receive 13 351(k)                    total of 65 participants in the BPD
                                                    biological product applications (see                    applications in FY 2018.                              program in FY 2018.
                                                    section 744H(c)(4) of the FD&C Act).                       FDA has determined that the amount                    The remainder of the target revenue of
                                                       In considering the appropriate FY                    of the biosimilar biological product                  $14,768,857, or 37 percent (rounded to
                                                    2018 fee revenue adjustment, FDA                        application fee for FY 2018 is                        the nearest one), is to be collected from
                                                    considered a range of factors including                 $1,746,745, which is estimated to                     the BPD fees. Dividing this amount by
                                                    its best estimated level of submissions                 provide a total of $22,707,685,                       the estimated 65 BPD fees to be paid
                                                    and activities (including forecasts of                  representing 56 percent (rounded to the               equals a BPD fee amount of $227,213.
                                                    new BPDs, new 351(k)s, resubmitted                      nearest one) of the FY 2018 target                    The reactivation fee is set at twice the
                                                    351(k)s, advisory committee meetings,                   revenue amount.                                       initial/annual BPD amount at $454,426.
                                                    interchangeability supplements,                                                                               FDA estimates zero reactivation fees
                                                    industry meetings, inspection activity,                 B. Biosimilar Biological Product
                                                                                                            Program Fee                                           will be paid, as none have yet been paid
                                                    science and research activities, policy                                                                       in the history of the BsUFA program.
                                                    work, and other activities). Considering                  BsUFA II renamed the product fee as
                                                    the totality of work forecasted for FY                  the biosimilar biological product                     IV. Fee Schedule for FY 2018
                                                    2018 (and recognizing the inherent                      program fee (‘‘program fee’’); in                       The fee rates for FY 2018 are provided
                                                    uncertainty of any forecast), FDA has                   addition, BsUFA II introduced a                       in table 1.
                                                    determined that the appropriate                         limitation that a person who is named
                                                    adjusted level of the FY 2018 BsUFA fee                 as an applicant in a 351(k) application                   TABLE 1—FEE SCHEDULE FOR FY
                                                    revenue amount to be $40,214,000                        shall not be assessed more than five                                 2018
                                                    (rounded to the nearest thousand                        program fees for a fiscal year for
                                                    dollars). FDA will use this amount as                   biosimilar biological products identified                                                          Fee rates
                                                    the target revenue amount for FY 2018.                  in each 351(k) application (see FD&C                             Fee category                     for FY 2018
                                                                                                            Act section 744H(a)(3)(D)). The program                                                                ($)
                                                    III. Fee Amounts for FY 2018
                                                                                                            fee was also modified so that applicants              Initial BPD .............................       227,213
                                                       Under section 744H(b)(3)(A) of the                   are assessed a program fee only for                   Annual BPD ..........................           227,213
                                                    FD&C Act, FDA must determine the                        biosimilar biological products identified             Reactivation ..........................         454,426
                                                    percentage of the total revenue amount                  in a biosimilar biological product                    Applications:
                                                    for a fiscal year to be derived from: (1)               application approved as of October 1 of                  Requiring clinical data .......             1,746,745
                                                    Initial and annual BPD fees and                         such fiscal year.                                        Not requiring clinical data                   873,373
                                                    reactivation fees, (2) biosimilar                         FDA estimates up to nine program                    Program ................................         304,162
                                                    biological product application fees, and                fees will be invoiced in FY 2018,
                                                    (3) biosimilar biological product                       including currently approved products                 V. Fee Payment Options and
                                                    program fees. In establishing the fee                   and products with the potential to be                 Procedures
                                                    amounts for the first year of BsUFA II,                 approved in pending applications with                 A. Initial BPD, Reactivation, and
                                                    FDA considered how best to balance the                  goal dates in FY 2017. For products                   Application Fees
                                                    fee allocation to provide stable funding                invoiced in the FY 2018 regular billing
                                                    and reasonable fee amounts, and                         cycle, FDA anticipates that zero                        The fees established in the new fee
                                                    utilized benchmarks as described below.                 program fees will be refunded. This                   schedule apply to FY 2018, i.e., the
                                                    In future years, FDA will consider the                  prediction is based on observations                   period from October 1, 2017, through
                                                    most appropriate means of allocating                    dating to 2015, when the first biosimilar             September 30, 2018. The initial BPD fee
                                                    the fee amounts to collect the adjusted                 product was approved.                                 for a product is due when the sponsor
                                                    target revenue amount, subject to the                     FDA has determined that the amount                  submits an IND that FDA determines is
                                                    relevant statutory provisions.                          of the biosimilar biological product                  intended to support a biosimilar
                                                                                                            program fee for FY 2018 is $304,162,                  biological product application for the
                                                    A. Application Fees                                                                                           product or within 5 calendar days after
                                                                                                            which is estimated to provide a total of
                                                                                                                                                                  FDA grants the first BPD meeting for the
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                                                       In establishing the biosimilar                       $2,737,458, representing 7 percent
                                                    biological product application fee                      (rounded to the nearest one) of the FY                product, whichever occurs first.
                                                    amount for FY 2018, FDA estimated the                   2018 target revenue amount.                           Sponsors who have discontinued
                                                    total number of fee-paying full                                                                               participation in the BPD program must
                                                    applications equivalents (FAEs) it                      C. Initial and Annual BPD Fees,                       pay the reactivation fee by the earlier of
                                                    expects to receive in FY 2018. A full                   Reactivation Fees                                     the following dates: No later than 5
                                                    original 351(k) submission requiring                      To estimate the number of                           calendar days after FDA grants the
                                                    clinical data counts as one FAE. An                     participants in the BPD program in FY                 sponsor’s request for a BPD meeting for
                                                    original 351(k) application not requiring               2018, FDA must consider the number of                 that product, or upon the date of


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                                                                             Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices                                          43243

                                                    submission by the sponsor of an IND                       If paying by wire transfer, please                  DATES:  Fax written comments on the
                                                    describing an investigation that FDA                    reference your unique user fee ID                     collection of information by October 16,
                                                    determines is intended to support a                     number when completing the transfer.                  2017.
                                                    biosimilar biological product                           The originating financial institution                 ADDRESSES: To ensure that comments on
                                                    application.                                            may charge a wire transfer fee. Please                the information collection are received,
                                                       The application fee for a biosimilar                 ask your financial institution about the              OMB recommends that written
                                                    biological product is due upon                          fee and include it with your payment to               comments be faxed to the Office of
                                                    submission of the application (see                      ensure that your fee is fully paid. The               Information and Regulatory Affairs,
                                                    section 744H(a)(2)(C) of the FD&C Act).                 account information for wire transfers is             OMB, Attn: FDA Desk Officer, Fax: 202–
                                                       To make a payment of the initial BPD,                as follows: U.S. Department of Treasury,              395–7285, or emailed to oira_
                                                    reactivation, or application fee,                       TREAS NYC, 33 Liberty St., New York,                  submission@omb.eop.gov. All
                                                    complete the Biosimilar User Fee Cover                  NY 10045, Acct. No.: 75060099, Routing                comments should be identified with the
                                                    Sheet, available on FDA’s Web site                      No.: 021030004, SWIFT: FRNYUS33,                      OMB control number 0910–0497. Also
                                                    (http://www.fda.gov/bsufa) and generate                 Beneficiary: FDA, 8455 Colesville Rd.,                include the FDA docket number found
                                                    a user fee identification (ID) number.                  14th Floor, Silver Spring, MD 20993–                  in brackets in the heading of this
                                                    Payment must be made in U.S. currency                   0002. If needed, FDA’s tax identification             document.
                                                    by electronic check, check, bank draft,                 number is 53–0196965.
                                                    U.S. postal money order, or wire                                                                              FOR FURTHER INFORMATION CONTACT:
                                                    transfer. The preferred payment method                  B. Annual BPD and Program Fees                        Amber Sanford, Office of Operations,
                                                    is online using electronic check                                                                              Food and Drug Administration, Three
                                                                                                               FDA will issue invoices for annual
                                                    (Automated Clearing House (ACH) also                                                                          White Flint North 10A–12M, 11601
                                                                                                            BPD and program fees for FY 2018
                                                    known as eCheck) or credit card                                                                               Landsdown St., North Bethesda, MD
                                                                                                            under the new fee schedule in
                                                    (Discover, VISA, MasterCard, American                                                                         20852, 301–796–8867, PRAStaff@
                                                                                                            September 2017. Payment instructions
                                                    Express). Secure electronic payments                                                                          fda.hhs.gov.
                                                                                                            will be included in the invoices,
                                                    can be submitted using the User Fees                    including payment due dates. If                       SUPPLEMENTARY INFORMATION: In
                                                    Payment Portal at https://                              sponsors join the BPD program after the               compliance with 44 U.S.C. 3507, FDA
                                                    userfees.fda.gov/pay (Note: Only full                   annual BPD invoices have been issued                  has submitted the following proposed
                                                    payments are accepted. No partial                       in September 2017, FDA will issue                     collection of information to OMB for
                                                    payments can be made online). Once                      invoices in December 2017 to firms                    review and clearance. Focus Groups as
                                                    you search for your invoice, click ‘‘Pay                subject to fees for FY 2018 that qualify              Used by the Food and Drug
                                                    Now’’ to be redirected to Pay.gov.                      for the annual BPD fee after the                      Administration (All FDA-Regulated
                                                    Electronic payment options are based on                 September 2017 billing. FDA will issue                Products), OMB Control Number 0910–
                                                    the balance due. Payment by credit card                 invoices in December 2017 for any                     0497.
                                                    is available for balances that are less                 annual program fees for FY 2018 that                    FDA conducts voluntary focus group
                                                    than $25,000. If the balance exceeds this               qualify for fee assessments and were not              interviews on a variety of topics
                                                    amount, only the ACH option is                          issued in September 2017.                             involving FDA-regulated products,
                                                    available. Payments must be made using                                                                        including drugs, biologics, devices,
                                                    U.S. bank accounts as well as U.S. credit                 Dated: September 8, 2017.
                                                                                                                                                                  food, tobacco, and veterinary medicine.
                                                    cards.                                                  Leslie Kux,                                             Focus groups provide an important
                                                       FDA has partnered with the U.S.                      Associate Commissioner for Policy.                    role in gathering information because
                                                    Department of the Treasury to use                       [FR Doc. 2017–19493 Filed 9–13–17; 8:45 am]           they allow for a more in-depth
                                                    http://www.pay.gov, a web-based                         BILLING CODE 4164–01–P                                understanding of patients’ and
                                                    payment application, for online                                                                               consumers’ attitudes, beliefs,
                                                    electronic payment. The Pay.gov feature                                                                       motivations, and feelings than do
                                                    is available on FDA’s Web site after                    DEPARTMENT OF HEALTH AND                              quantitative studies. Focus groups serve
                                                    completing the Biosimilar User Fee                      HUMAN SERVICES                                        the narrowly defined need for direct and
                                                    Cover Sheet and generating the user fee                                                                       informal opinion on a specific topic and
                                                    ID number.                                              Food and Drug Administration                          as a qualitative research tool have three
                                                       Please include the user fee ID number                                                                      major purposes:
                                                    on your check, bank draft, or postal                    [Docket No. FDA–2010–N–0594]
                                                                                                                                                                    • To obtain patient and consumer
                                                    money order, and make it payable to the                                                                       information that is useful for developing
                                                                                                            Agency Information Collection
                                                    Food and Drug Administration. Your                                                                            variables and measures for quantitative
                                                                                                            Activities; Submission for Office of
                                                    payment can be mailed to: Food and                                                                            studies,
                                                                                                            Management and Budget Review;
                                                    Drug Administration, P.O. Box 979108,                                                                           • To better understand patients’ and
                                                                                                            Comment Request; Focus Groups as
                                                    St. Louis, MO 63197–9000. To send a                                                                           consumers’ attitudes and emotions in
                                                                                                            Used by the Food and Drug
                                                    check by a courier such as Federal                                                                            response to topics and concepts, and
                                                                                                            Administration (All Food and Drug
                                                    Express or United Parcel Service, the
                                                                                                            Administration-Regulated Products)                      • To further explore findings
                                                    courier must deliver the check and                                                                            obtained from quantitative studies.
                                                    printed copy of the cover sheet to: U.S.                AGENCY:    Food and Drug Administration,                FDA will use focus group findings to
                                                    Bank, ATTN: Government Lockbox                          HHS.                                                  test and refine their ideas, but will
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    979108, 1005 Convention Plaza, St.                      ACTION:   Notice.                                     generally conduct further research
                                                    Louis, MO 63101. (Note: This U.S. Bank                                                                        before making important decisions such
                                                    address is for courier delivery only.                   SUMMARY:   The Food and Drug                          as adopting new policies and allocating
                                                    Contact U.S. Bank at 314–418–4013 if                    Administration (FDA) is announcing                    or redirecting significant resources to
                                                    you have any questions concerning                       that a proposed collection of                         support these policies.
                                                    courier delivery.) Please make sure that                information has been submitted to the                   In the Federal Register of April 21,
                                                    the FDA post office box number (P.O.                    Office of Management and Budget                       2017 (82 FR 18763), FDA published a
                                                    Box 979108) is written on the check,                    (OMB) for review and clearance under                  60-day notice requesting public
                                                    bank draft, or postal money order.                      the Paperwork Reduction Act of 1995.                  comment on the proposed collection of


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Document Created: 2017-09-13 23:49:46
Document Modified: 2017-09-13 23:49:46
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.
DatesNo later than 5 calendar days after FDA grants the sponsor's request for a BPD meeting for that product, or upon the date of submission by the sponsor of an IND describing an investigation that FDA determines is intended to support a biosimilar biological product application. The sponsor will be assessed an annual BPD fee beginning with the first fiscal year after payment of the reactivation fee.
ContactDavid Haas, Office of Financial Management, Food and Drug Administration, 8455 Colesville Rd., COLE- 14202I, Silver Spring, MD 20993-0002, 240-402-9845.
FR Citation82 FR 43241 

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