82_FR_43421 82 FR 43244 - Prescription Drug User Fee Rates for Fiscal Year 2018

82 FR 43244 - Prescription Drug 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 Range43244-43248
FR Document2017-19494

The Food and Drug Administration (FDA) is announcing the rates for prescription drug user fees for fiscal year (FY) 2018. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Prescription Drug User Fee Amendments of 2017 (PDUFA VI), authorizes FDA to collect application fees for certain applications for the review of human drug and biological products, and prescription drug program fees for certain approved products. This notice establishes the fee rates for FY 2018.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)
[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43244-43248]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19494]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Prescription Drug 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 prescription drug user fees for fiscal year (FY) 2018. The Federal 
Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the 
Prescription Drug User Fee Amendments of 2017 (PDUFA VI), authorizes 
FDA to collect application fees for certain applications for the review 
of human drug and biological products, and prescription drug program 
fees for certain approved products. This notice establishes the fee 
rates for FY 2018.

FOR FURTHER INFORMATION CONTACT: Robert J. Marcarelli, Office of 
Financial Management, Food and Drug Administration, 8455 Colesville 
Rd., COLE-14202F, Silver Spring, MD 20993-0002, 301-796-7223.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 735 and 736 of the FD&C Act (21 U.S.C. 379g and 379h, 
respectively) establish two different kinds of user fees. Fees are 
assessed on the following: (1) Application fees are assessed on certain 
types of applications for the review of human drug and biological 
products; and (2) prescription drug program fees are assessed on 
certain approved products (section 736(a) of the FD&C Act). When 
specific conditions are met, FDA may waive or reduce fees (section 
736(d) of the FD&C Act).
    For FY 2018 through FY 2022, the base revenue amounts for the total 
revenues from all PDUFA fees are established by PDUFA VI. The base 
revenue amount for FY 2018 is $878,590,000. The FY 2018 base revenue 
amount is to be adjusted for inflation and for the resource capacity 
needs for the process for the review of human drug applications (the 
capacity planning adjustment). An additional dollar amount specified in 
the statute (see section 736(b)(1)(F) of the FD&C Act) is then added to 
provide for additional full-time equivalent (FTE) positions to support 
PDUFA VI initiatives. The FY 2018 revenue amount may be adjusted 
further, if necessary, to provide for sufficient operating reserves of 
carryover user fees. Finally, the amount is adjusted to provide for 
additional direct costs to fund PDUFA VI initiatives. Fee amounts are 
to be established each year so that revenues from application fees 
provide 20 percent of the total revenue, and prescription drug program 
fees provide 80 percent of the total revenue.
    This document provides fee rates for FY 2018 for an application 
requiring clinical data ($2,421,495), for an application not requiring 
clinical data ($1,210,748), and for the prescription drug program fee 
($304,162). These fees are effective on October 1, 2017, and will 
remain in effect through September 30, 2018. For applications that are 
submitted on or after October 1, 2017, the new fee schedule must be 
used.

II. Fee Revenue Amount for FY 2018

    The base revenue amount for FY 2018 is $878,590,000 prior to 
adjustments for inflation, capacity planning, additional FTE, operating 
reserve, and additional direct costs (see section 736(b)(1) of the FD&C 
Act).

A. FY 2018 Statutory Fee Revenue Adjustments for Inflation

    PDUFA VI specifies that the $878,590,000 is to be adjusted for 
inflation increases for FY 2018 using two separate adjustments--one for 
personnel compensation and benefits (PC&B) and one for non-PC&B costs 
(see section 736(c)(1) of the FD&C Act).
    The component of the inflation adjustment for payroll costs shall 
be one plus the average annual percent change in the cost of all PC&B 
paid per FTE positions at FDA for the first three of the preceding four 
FYs, multiplied by the proportion of PC&B costs to total FDA costs of 
the process for the review of human drug applications for the first 
three of the preceding four FYs (see section 736(c)(1)(A) and (c)(1)(B) 
of the FD&C Act).
    Table 1 summarizes the actual cost and FTE data for the specified 
FYs and provides the percent changes from the previous FYs and the 
average percent changes over the first three of the four FYs preceding 
FY 2018. The 3-year average is 2.2354 percent.

              Table 1--FDA Personnel Compensation and Benefits (PC&B) Each Year and Percent Changes
----------------------------------------------------------------------------------------------------------------
             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 43245]]

    The statute specifies that this 2.2354 percent should be multiplied 
by the proportion of PC&B costs to the total FDA costs of the process 
for the review of human drug applications. Table 2 shows the PC&B and 
the total obligations for the process for the review of human drug 
applications for three FYs.

    Table 2--PC&B as a Percent of Fee Revenues Spent on the Process for the Review of Human Drug Applications
----------------------------------------------------------------------------------------------------------------
             Fiscal year                     2014                2015                2016         3-year average
----------------------------------------------------------------------------------------------------------------
Total PC&B..........................        $585,260,720        $615,483,892        $652,508,273
Total Costs.........................      $1,077,263,695      $1,127,664,528      $1,157,817,695
PC&B Percent........................             54.3285             54.5804             56.3567         55.0885
----------------------------------------------------------------------------------------------------------------

    The payroll adjustment is 2.2354 percent from table 1 multiplied by 
55.0885 percent (or 1.2314 percent).
    The statute specifies that the portion of the inflation adjustment 
for non-payroll costs 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; 
annual index) for the first 3 years of the preceding 4 years of 
available data multiplied by the proportion of all costs other than 
PC&B costs to total costs of the process for the review of human drug 
applications for the first three years of the preceding four FYs (see 
section 736(c)(1)(B) of the FD&C Act). Table 3 provides the summary 
data for the percent changes in the specified CPI for the Washington-
Baltimore area. The data are published by the Bureau of Labor 
Statistics and can be found on its Web site at: http://data.bls.gov/cgi-bin/surveymost?cu. The data can be viewed by checking the box 
marked ``Washington-Baltimore All Items, November 1996=100--
CUURA311SA0'' and then selecting ``Retrieve Data''.

           Table 3--Annual and Three-Year Average Percent Change in CPI for Washington-Baltimore Area
----------------------------------------------------------------------------------------------------------------
                   Fiscal year                         2014            2015            2016       3-year average
----------------------------------------------------------------------------------------------------------------
Annual CPI......................................         154.847         155.353         157.180
Annual Percent Change...........................          1.5390          0.3268          1.1760          1.0139
----------------------------------------------------------------------------------------------------------------

    The statute specifies that this 1.0139 percent should be multiplied 
by the proportion of all costs other than PC&B to total costs of the 
process for the review of human drug applications obligated. Since 
55.0885 percent was obligated for PC&B (as shown in table 2), 44.9115 
percent is the portion of costs other than PC&B (100 percent minus 
55.0885 percent equals 44.9115 percent). The non-payroll adjustment is 
1.0139 percent times 44.9115 percent, or 0.4554 percent.
    Next, we add the payroll adjustment (1.2314 percent) to the non-
payroll adjustment (0.4554 percent), for a total inflation adjustment 
of 1.6868 percent (rounded) for FY 2018.
    We then multiply the base revenue amount for FY 2018 ($878,590,000) 
by 1.016868, yielding an inflation-adjusted amount of $893,410,056.

B. FY 2018 Statutory Fee Revenue Adjustments for Capacity Planning

    The statute specifies that after $878,590,000 has been adjusted for 
inflation, the inflation-adjusted amount shall be further adjusted to 
reflect changes in the resource capacity needs for the process of human 
drug application reviews (see section 736(c)(2) of the FD&C Act). The 
statute prescribes an interim capacity planning adjustment be utilized 
until a new methodology can be developed through a process involving an 
independent evaluation as well as obtaining public comment. The interim 
capacity planning adjustment is applied to FY 2018 fee setting.
    To determine the FY 2018 capacity planning adjustment, FDA 
calculated the average number of each of the five elements specified in 
the capacity planning adjustment provision: (1) Human drug applications 
(new drug applications (NDAs)/biologics license applications (BLAs)); 
(2) active commercial investigational new drug applications (INDs) (IND 
applications that have at least one submission during the previous 12 
months); (3) efficacy supplements; (4) manufacturing supplements; and 
(5) formal meetings, type A, B, B(EoP), C, and written responses only 
(WRO) issued in lieu of such formal meetings, over the 3-year period 
that ended on June 30, 2016, and the average number of each of these 
elements over the most recent 3-year period that ended June 30, 2017.
    The calculations are summarized in table 4. The 3-year averages for 
each element are provided in column 1 (``3-Year Average Ending 2016'') 
and column 2 (``3-Year Average Ending 2017''). Column 3 reflects the 
percent change from column 1 to column 2. Column 4 shows the weighting 
factor for each element. The weighting factor methodology has been 
updated for PDUFA VI. The previous methodology relied on the relative 
value of the standard costs for the elements included in the adjuster, 
and summed to 100 percent. The weighting factor now is the time 
invested in activities related to the element expressed as a percentage 
of total time invested in PDUFA activities, and will adjust only the 
costs attributed to the elements included in the model (hence the 
weighting factor does not now sum to 100 percent). Column 5 is the 
weighted percent change in each element. This is calculated by 
multiplying the weighting factor in each line in column 4 by the 
percent change in column 3. The values in column 5 are summed, 
reflecting an adjustment of 2.5090 percent (rounded).

[[Page 43246]]



                Table 4--Capacity Planning Adjuster (Interim Methodology) Calculation for FY 2018
----------------------------------------------------------------------------------------------------------------
                                     Column 1        Column 2        Column 3        Column 4        Column 5
                                 -------------------------------------------------------------------------------
                                                                      Percent
             Element                  3-year          3-year          change         Weighting       Weighted
                                      average         average      (column 1  to      factor          percent
                                    ending 2016     ending 2017      column 2)       (percent)        change
----------------------------------------------------------------------------------------------------------------
NDAs/BLAs.......................        147.3333        153.0000          3.8462         18.0915          0.6958
Active Commercial INDs..........      7,598.0000      7,846.6667          3.2728         23.3890          0.7655
Efficacy Supplements............        196.3333        212.3333          8.1494          4.1848          0.3410
Manufacturing Supplements.......      2,368.0000      2,482.6667          4.8423          4.3690          0.2116
Meetings Scheduled and WROs.....      2,720.6667      2,940.0000          8.0617          6.1417          0.4951
                                 -------------------------------------------------------------------------------
    FY 2018 Capacity Planning     ..............  ..............  ..............  ..............          2.5090
     Adjuster...................
----------------------------------------------------------------------------------------------------------------

    Table 5 shows the calculation of the inflation and capacity 
planning adjusted amount for FY 2018. The FY 2018 base revenue amount, 
$878,590,000, shown on line 1 is multiplied by the inflation adjustment 
factor of 1.016868, resulting in the inflation-adjusted amount of 
$893,410,056 shown on line 3. That amount is then multiplied by one 
plus the capacity planning adjustment of 2.5090 percent, resulting in 
the inflation and capacity planning adjusted amount of $915,825,714 
shown on line 5.

  Table 5--PDUFA Inflation and Capacity Planning Adjusted Amount for FY
                        2018, Summary Calculation
------------------------------------------------------------------------
 
------------------------------------------------------------------------
FY 2018 Revenue Amount..................    $878,590,000          Line 1
Inflation Adjustment Factor for FY 2018         1.016868          Line 2
 (1 plus 1.6868 percent)................
Inflation Adjusted Amount...............    $893,410,056          Line 3
Capacity Planning Adjustment Factor for         1.025090          Line 4
 FY 2018 (1 plus 2.5090 percent)........
Inflation and Capacity Planning Adjusted    $915,825,714          Line 5
 Amount.................................
------------------------------------------------------------------------

    The capacity planning adjustment adds $22,415,658 to the fee 
revenue amount for FY 2018. This increase is driven by the fact that 
the counts of elements for 2017 (year ending June 30) are at or near 
the highest levels since the first incorporation of the workload 
adjuster in 2003. The NDA/BLA count in 2017 is equal to the highest 
annual number recorded since the advent of the workload adjuster 
methodology in 2003. Active commercial INDs, efficacy supplements, and 
meetings/WROs are higher in 2017 than in any previous year recorded in 
the workload adjuster (note: Meetings/WROs are only counted back to 
2014 while the other elements are counted back to 2003). The 
manufacturing supplement count is approximately 2 percent below the 
highest number recorded in the history of the workload adjuster. 
Comparing 2017 to 2014, the first year included in the average in 
column 1 in the adjustment, NDA/BLAs are 12 percent higher, active 
commercial INDs are 10 percent higher, efficacy supplements are 25 
percent higher, manufacturing supplements are 15 percent higher, and 
meetings scheduled and WROs are 27 percent higher. This significant and 
across the board increase in submission activity is the driver of the 
$22,415,658 upward adjustment to the fee revenue amount.
    Per the commitments made in PDUFA VI, this increase in the revenue 
amount will be allocated and used by organizational review components 
engaged in direct review work to enhance resources and expand staff 
capacity and capability (see II.A.4 on p.37 of the PDUFA VI commitment 
letter).\1\
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    \1\ The PDUFA VI commitment letter can be viewed at https://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm511438.pdf.
---------------------------------------------------------------------------

C. FY 2018 Statutory Fee Revenue Adjustments for Additional Dollar 
Amounts

    PDUFA VI provides an additional dollar amount for each of the next 
five fiscal years for additional FTE to support PDUFA VI enhancements 
outlined in the PDUFA VI commitment letter. The amount for FY 2018 is 
$20,077,793 (see section 736(b)(1)(F) of the FD&C Act). Adding this 
amount to the inflation and capacity planning adjusted revenue amount, 
$915,825,714, equals $935,904,000 (rounded to the nearest thousand 
dollars).

D. FY 2018 Statutory Fee Revenue Adjustments for Operating Reserve

    PDUFA VI provides for an operating reserve adjustment to allow FDA 
to increase the fee revenue and fees for any given fiscal year during 
PDUFA VI to maintain up to 14 weeks of operating reserve of carryover 
user fees. If the carryover balance exceeds 14 weeks of operating 
reserves, FDA is required to decrease fees to provide for not more than 
14 weeks of operating reserves of carryover user fees.
    To determine the 14-week operating reserve amount, the FY 2018 
annual base revenue adjusted for inflation and capacity planning, 
$915,825,714, is divided by 52, and then multiplied by 14. The 14-week 
operating reserve amount for FY 2018 is $246,568,461.
    To determine the end of year operating reserve amount, the Agency 
must assess actual operating reserve at the end of the third quarter of 
FY 2017, and forecast collections and obligations in the fourth quarter 
of FY 2017. The estimated end of year FY 2017 operating reserve is 
$279,856,044.
    Because the estimated end of year FY 2017 PDUFA operating reserve 
exceeds the 14-week operating reserve for FY 2018, FDA will reduce the 
FY 2018 PDUFA fee revenue of $935,903,507 by $33,287,582, resulting in 
an adjusted fee revenue of $902,615,925.

E. FY 2018 Statutory Fee Revenue Adjustments for Additional Direct Cost

    PDUFA VI specifies that $8,730,000 be added in addition to the 
operating reserve adjustment to account for additional direct costs in 
FY 2018. This additional direct cost adjustment will be adjusted for 
inflation each year beginning in FY 2019.

[[Page 43247]]

    The final FY 2018 PDUFA fee revenue is $911,346,000 (rounded to the 
nearest thousand dollars).

III. Application Fee Calculations

A. Application Fee Revenues and Application Fees

    Application fees will be set to generate 20 percent of the total 
revenue amount, or $182,269,200 in FY 2018.

B. Estimate of the Number of Fee-Paying Applications and Setting the 
Application Fees

    FDA will estimate the total number of fee-paying full application 
equivalents (FAEs) it expects to receive during the next FY by 
averaging the number of fee-paying FAEs received in the three most 
recently completed FYs. Prior year FAE totals are updated annually to 
reflect refunds and waivers processed after the close of the FY.
    In estimating the number of fee-paying FAEs, a full application 
requiring clinical data counts as one FAE. An 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, or one-
eighth of an FAE if the applicant initially paid one-half of the full 
application fee amount. Prior to PDUFA VI, the FAE amount also included 
supplements; supplements have been removed from the FAE calculation as 
the supplement fee has been discontinued in PDUFA VI.
    As table 6 shows, the average number of fee-paying FAEs received 
annually in the most recent 3-year period is 75.271347 FAEs. FDA will 
set fees for FY 2018 based on this estimate as the number of full 
application equivalents that will pay fees.

                                            Table 6--Fee-Paying FAEs
----------------------------------------------------------------------------------------------------------------
                                                                                                      3-year
                       FY                              2014            2015            2016           average
----------------------------------------------------------------------------------------------------------------
Fee-Paying FAEs.................................       73.375000       81.955603       70.483437       75.271347
----------------------------------------------------------------------------------------------------------------
Note: Prior year FAE totals are updated annually to reflect refunds and waivers processed after the close of the
  FY.

    The FY 2018 application fee is estimated by dividing the average 
number of full applications that paid fees over the latest 3 years, 
75.271347, into the fee revenue amount to be derived from application 
fees in FY 2018, $182,269,200. The result is a fee of $2,421,495 per 
full application requiring clinical data, and $1,210,748 per 
application not requiring clinical data.

IV. Fee Calculations for Prescription Drug Program Fees

    PDUFA VI renamed the product fee the ``prescription drug program 
fee''; in addition, PDUFA VI introduced a limitation that an applicant 
will not be assessed more than five program fees for a fiscal year for 
prescription drug products identified in a single approved NDA or BLA 
(see section 736(a)(2)(C)). The program fee was also modified so that 
applicants are assessed a program fee only for prescription drug 
products identified in a human drug application approved as of October 
1 of such fiscal year.
    FDA estimates 2,461 program fees will be invoiced in FY 2018 before 
factoring in waivers, refunds, and exemptions. FDA approximates that 
there will be 27 waivers and refunds granted. In addition, FDA 
approximates that another 37 program fees will be exempted in FY 2018 
based on the orphan drug exemption in section 736(k) of the FD&C Act. 
FDA estimates 2,397 program fees in FY 2018, after allowing for an 
estimated 64 waivers and reductions, including the orphan drug 
exemptions. The FY 2018 prescription drug program fee rate is 
calculated by dividing the adjusted total revenue from program fees 
($729,076,800) by the estimated 2,397 program fees, for a FY 2018 
program fee of $304,162.

V. Fee Schedule for FY 2018

    The fee rates for FY 2018 are displayed in table 7:

                    Table 7--Fee Schedule for FY 2018
------------------------------------------------------------------------
                                                          Fee rates  for
                      Fee category                            FY 2018
------------------------------------------------------------------------
Application:
  Requiring clinical data...............................      $2,421,495
  Not requiring clinical data...........................       1,210,748
Program.................................................         304,162
------------------------------------------------------------------------

VI. Fee Payment Options and Procedures

A. Application Fees

    The appropriate application fee established in the new fee schedule 
must be paid for any application subject to fees under PDUFA that is 
received on or after October 1, 2017. Payment must be made in U.S. 
currency by electronic check, check, bank draft, wire transfer, or U.S. 
postal money order payable to the order of 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 (Note: only full payments are accepted. No 
partial payments can be made online). Once you search for your invoice, 
select ``Pay Now'' to be redirected to Pay.gov. 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 
Pay.gov, a web-based payment application, for online electronic 
payment. The Pay.gov feature is available on the FDA Web site after the 
user fee ID number is generated.
    Please include the user fee identification (ID) number on your 
check, bank draft, or postal money order. Mail your payment to: Food 
and Drug Administration, P.O. Box 979107, St. Louis, MO 63197-9000. If 
a check, bank draft, or money order is to be sent by a courier that 
requests a street address, the courier should deliver your payment to: 
U.S. Bank, Attention: Government Lockbox 979107, 1005 Convention Plaza, 
St. Louis, MO 63101. (Note: This U.S. Bank address is for courier 
delivery only. If you have any questions concerning courier delivery 
contact the U.S. Bank at 314-418-4013. This telephone number is only 
for questions about courier delivery). Please make sure that the FDA 
post office box number (P.O. Box 979107) 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 your transfer. The originating financial 
institution may charge a wire transfer fee. Please

[[Page 43248]]

ask your financial institution about the fee and add it to your payment 
to ensure that your fee is fully paid. The account information for wire 
transfers is as follows: U.S. Department of the 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. Prescription Drug Program Fees

    FDA plans to issue invoices and payment instructions for FY 2018 
program fees under the new fee schedule in September 2017. Payment will 
be due on October 1, 2017. FDA plans to issue invoices in December 2017 
for FY 2018 program fees that qualify for fee assessments after the 
initial 2017 billing.

    Dated: September 8, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-19494 Filed 9-13-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                    43244                             Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

                                                    information. No comments were                                              FDA estimates the burden of this
                                                    received.                                                                collection of information as follows:

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

                                                    Focus Group Interviews .......................................................                   8,800                 1               8,800              1.75         15,400
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: September 8, 2017.                                              establish two different kinds of user                        drug program fee ($304,162). These fees
                                                    Leslie Kux,                                                              fees. Fees are assessed on the following:                    are effective on October 1, 2017, and
                                                    Associate Commissioner for Policy.                                       (1) Application fees are assessed on                         will remain in effect through September
                                                    [FR Doc. 2017–19492 Filed 9–13–17; 8:45 am]                              certain types of applications for the                        30, 2018. For applications that are
                                                    BILLING CODE 4164–01–P                                                   review of human drug and biological                          submitted on or after October 1, 2017,
                                                                                                                             products; and (2) prescription drug                          the new fee schedule must be used.
                                                                                                                             program fees are assessed on certain
                                                                                                                                                                                          II. Fee Revenue Amount for FY 2018
                                                    DEPARTMENT OF HEALTH AND                                                 approved products (section 736(a) of the
                                                    HUMAN SERVICES                                                           FD&C Act). When specific conditions                             The base revenue amount for FY 2018
                                                                                                                             are met, FDA may waive or reduce fees                        is $878,590,000 prior to adjustments for
                                                    Food and Drug Administration                                             (section 736(d) of the FD&C Act).                            inflation, capacity planning, additional
                                                    [Docket No. FDA–2017–N–0007]                                                For FY 2018 through FY 2022, the                          FTE, operating reserve, and additional
                                                                                                                             base revenue amounts for the total                           direct costs (see section 736(b)(1) of the
                                                    Prescription Drug User Fee Rates for                                     revenues from all PDUFA fees are                             FD&C Act).
                                                    Fiscal Year 2018                                                         established by PDUFA VI. The base
                                                                                                                             revenue amount for FY 2018 is                                A. FY 2018 Statutory Fee Revenue
                                                    AGENCY:       Food and Drug Administration,                                                                                           Adjustments for Inflation
                                                                                                                             $878,590,000. The FY 2018 base
                                                    HHS.
                                                                                                                             revenue amount is to be adjusted for                           PDUFA VI specifies that the
                                                    ACTION:      Notice.                                                     inflation and for the resource capacity                      $878,590,000 is to be adjusted for
                                                    SUMMARY:   The Food and Drug                                             needs for the process for the review of                      inflation increases for FY 2018 using
                                                    Administration (FDA) is announcing the                                   human drug applications (the capacity                        two separate adjustments—one for
                                                    rates for prescription drug user fees for                                planning adjustment). An additional                          personnel compensation and benefits
                                                    fiscal year (FY) 2018. The Federal Food,                                 dollar amount specified in the statute                       (PC&B) and one for non-PC&B costs (see
                                                    Drug, and Cosmetic Act (the FD&C Act),                                   (see section 736(b)(1)(F) of the FD&C                        section 736(c)(1) of the FD&C Act).
                                                    as amended by the Prescription Drug                                      Act) is then added to provide for
                                                    User Fee Amendments of 2017 (PDUFA                                       additional full-time equivalent (FTE)                          The component of the inflation
                                                    VI), authorizes FDA to collect                                           positions to support PDUFA VI                                adjustment for payroll costs shall be one
                                                    application fees for certain applications                                initiatives. The FY 2018 revenue                             plus the average annual percent change
                                                    for the review of human drug and                                         amount may be adjusted further, if                           in the cost of all PC&B paid per FTE
                                                    biological products, and prescription                                    necessary, to provide for sufficient                         positions at FDA for the first three of the
                                                    drug program fees for certain approved                                   operating reserves of carryover user fees.                   preceding four FYs, multiplied by the
                                                    products. This notice establishes the fee                                Finally, the amount is adjusted to                           proportion of PC&B costs to total FDA
                                                    rates for FY 2018.                                                       provide for additional direct costs to                       costs of the process for the review of
                                                    FOR FURTHER INFORMATION CONTACT:                                         fund PDUFA VI initiatives. Fee amounts                       human drug applications for the first
                                                    Robert J. Marcarelli, Office of Financial                                are to be established each year so that                      three of the preceding four FYs (see
                                                    Management, Food and Drug                                                revenues from application fees provide                       section 736(c)(1)(A) and (c)(1)(B) of the
                                                    Administration, 8455 Colesville Rd.,                                     20 percent of the total revenue, and                         FD&C Act).
                                                    COLE–14202F, Silver Spring, MD                                           prescription drug program fees provide                         Table 1 summarizes the actual cost
                                                    20993–0002, 301–796–7223.                                                80 percent of the total revenue.                             and FTE data for the specified FYs and
                                                    SUPPLEMENTARY INFORMATION:                                                  This document provides fee rates for                      provides the percent changes from the
                                                                                                                             FY 2018 for an application requiring                         previous FYs and the average percent
                                                    I. Background                                                            clinical data ($2,421,495), for an                           changes over the first three of the four
                                                       Sections 735 and 736 of the FD&C Act                                  application not requiring clinical data                      FYs preceding FY 2018. The 3-year
                                                    (21 U.S.C. 379g and 379h, respectively)                                  ($1,210,748), and for the prescription                       average is 2.2354 percent.

                                                                  TABLE 1—FDA PERSONNEL COMPENSATION AND BENEFITS (PC&B) EACH YEAR AND PERCENT CHANGES
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                                                                                                                                                                                                                           3-year
                                                                                         Fiscal year                                                      2014                     2015                     2016          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




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                                                                                      Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices                                                               43245

                                                      The statute specifies that this 2.2354                                 FDA costs of the process for the review                           obligations for the process for the
                                                    percent should be multiplied by the                                      of human drug applications. Table 2                               review of human drug applications for
                                                    proportion of PC&B costs to the total                                    shows the PC&B and the total                                      three FYs.

                                                           TABLE 2—PC&B AS A PERCENT OF FEE REVENUES SPENT ON THE PROCESS FOR THE REVIEW OF HUMAN DRUG
                                                                                                  APPLICATIONS
                                                                                                                                                                                                                               3-year
                                                                                         Fiscal year                                                          2014                      2015                    2016          average

                                                    Total PC&B ..............................................................................             $585,260,720                  $615,483,892          $652,508,273
                                                    Total Costs ...............................................................................          $1,077,263,695               $1,127,664,528        $1,157,817,695
                                                    PC&B Percent ..........................................................................                     54.3285                      54.5804               56.3567       55.0885



                                                      The payroll adjustment is 2.2354                                       items; annual index) for the first 3 years                        CPI for the Washington-Baltimore area.
                                                    percent from table 1 multiplied by                                       of the preceding 4 years of available                             The data are published by the Bureau of
                                                    55.0885 percent (or 1.2314 percent).                                     data multiplied by the proportion of all                          Labor Statistics and can be found on its
                                                      The statute specifies that the portion                                 costs other than PC&B costs to total                              Web site at: http://data.bls.gov/cgi-bin/
                                                    of the inflation adjustment for non-                                     costs of the process for the review of                            surveymost?cu. The data can be viewed
                                                    payroll costs is the average annual                                      human drug applications for the first                             by checking the box marked
                                                    percent change that occurred in the                                      three years of the preceding four FYs                             ‘‘Washington-Baltimore All Items,
                                                    Consumer Price Index (CPI) for urban                                     (see section 736(c)(1)(B) of the FD&C                             November 1996=100—CUURA311SA0’’
                                                    consumers (Washington-Baltimore, DC-                                     Act). Table 3 provides the summary data                           and then selecting ‘‘Retrieve Data’’.
                                                    MD-VA-WV; not seasonally adjusted; all                                   for the percent changes in the specified

                                                              TABLE 3—ANNUAL AND THREE-YEAR AVERAGE PERCENT CHANGE IN CPI FOR WASHINGTON-BALTIMORE AREA
                                                                                                                                                                                                                               3-year
                                                                                                    Fiscal year                                                                2014             2015              2016        average

                                                    Annual CPI .......................................................................................................          154.847           155.353          157.180
                                                    Annual Percent Change ..................................................................................                     1.5390            0.3268           1.1760        1.0139



                                                       The statute specifies that this 1.0139                                application reviews (see section                                     The calculations are summarized in
                                                    percent should be multiplied by the                                      736(c)(2) of the FD&C Act). The statute                           table 4. The 3-year averages for each
                                                    proportion of all costs other than PC&B                                  prescribes an interim capacity planning                           element are provided in column 1 (‘‘3-
                                                    to total costs of the process for the                                    adjustment be utilized until a new                                Year Average Ending 2016’’) and
                                                    review of human drug applications                                        methodology can be developed through                              column 2 (‘‘3-Year Average Ending
                                                    obligated. Since 55.0885 percent was                                     a process involving an independent                                2017’’). Column 3 reflects the percent
                                                    obligated for PC&B (as shown in table                                    evaluation as well as obtaining public                            change from column 1 to column 2.
                                                    2), 44.9115 percent is the portion of                                    comment. The interim capacity                                     Column 4 shows the weighting factor for
                                                    costs other than PC&B (100 percent                                       planning adjustment is applied to FY                              each element. The weighting factor
                                                    minus 55.0885 percent equals 44.9115                                     2018 fee setting.
                                                                                                                                                                                               methodology has been updated for
                                                    percent). The non-payroll adjustment is                                    To determine the FY 2018 capacity
                                                                                                                             planning adjustment, FDA calculated                               PDUFA VI. The previous methodology
                                                    1.0139 percent times 44.9115 percent, or                                                                                                   relied on the relative value of the
                                                    0.4554 percent.                                                          the average number of each of the five
                                                       Next, we add the payroll adjustment                                   elements specified in the capacity                                standard costs for the elements included
                                                    (1.2314 percent) to the non-payroll                                      planning adjustment provision: (1)                                in the adjuster, and summed to 100
                                                    adjustment (0.4554 percent), for a total                                 Human drug applications (new drug                                 percent. The weighting factor now is the
                                                    inflation adjustment of 1.6868 percent                                   applications (NDAs)/biologics license                             time invested in activities related to the
                                                    (rounded) for FY 2018.                                                   applications (BLAs)); (2) active                                  element expressed as a percentage of
                                                       We then multiply the base revenue                                     commercial investigational new drug                               total time invested in PDUFA activities,
                                                    amount for FY 2018 ($878,590,000) by                                     applications (INDs) (IND applications                             and will adjust only the costs attributed
                                                    1.016868, yielding an inflation-adjusted                                 that have at least one submission during                          to the elements included in the model
                                                    amount of $893,410,056.                                                  the previous 12 months); (3) efficacy                             (hence the weighting factor does not
                                                                                                                             supplements; (4) manufacturing                                    now sum to 100 percent). Column 5 is
                                                    B. FY 2018 Statutory Fee Revenue                                         supplements; and (5) formal meetings,                             the weighted percent change in each
                                                    Adjustments for Capacity Planning                                        type A, B, B(EoP), C, and written                                 element. This is calculated by
                                                      The statute specifies that after                                       responses only (WRO) issued in lieu of                            multiplying the weighting factor in each
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                                                    $878,590,000 has been adjusted for                                       such formal meetings, over the 3-year                             line in column 4 by the percent change
                                                    inflation, the inflation-adjusted amount                                 period that ended on June 30, 2016, and                           in column 3. The values in column 5 are
                                                    shall be further adjusted to reflect                                     the average number of each of these                               summed, reflecting an adjustment of
                                                    changes in the resource capacity needs                                   elements over the most recent 3-year                              2.5090 percent (rounded).
                                                    for the process of human drug                                            period that ended June 30, 2017.




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                                                    43246                            Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

                                                                         TABLE 4—CAPACITY PLANNING ADJUSTER (INTERIM METHODOLOGY) CALCULATION FOR FY 2018
                                                                                                                                                 Column 1                   Column 2                   Column 3                   Column 4               Column 5

                                                                                                                                                                                                       Percent
                                                                                        Element                                                   3-year                    3-year                                               Weighting               Weighted
                                                                                                                                                                                                       change
                                                                                                                                                 average                   average                                                 factor                percent
                                                                                                                                                                                                      (column 1
                                                                                                                                               ending 2016               ending 2017                                             (percent)               change
                                                                                                                                                                                                    to column 2)

                                                    NDAs/BLAs ..........................................................................            147.3333                   153.0000                        3.8462                   18.0915              0.6958
                                                    Active Commercial INDs ......................................................                 7,598.0000                 7,846.6667                        3.2728                   23.3890              0.7655
                                                    Efficacy Supplements ..........................................................                 196.3333                   212.3333                        8.1494                    4.1848              0.3410
                                                    Manufacturing Supplements ................................................                    2,368.0000                 2,482.6667                        4.8423                    4.3690              0.2116
                                                    Meetings Scheduled and WROs .........................................                         2,720.6667                 2,940.0000                        8.0617                    6.1417              0.4951

                                                          FY 2018 Capacity Planning Adjuster ...........................                     ........................   ........................   ........................   ........................       2.5090



                                                      Table 5 shows the calculation of the                                  adjustment factor of 1.016868, resulting                                   2.5090 percent, resulting in the inflation
                                                    inflation and capacity planning adjusted                                in the inflation-adjusted amount of                                        and capacity planning adjusted amount
                                                    amount for FY 2018. The FY 2018 base                                    $893,410,056 shown on line 3. That                                         of $915,825,714 shown on line 5.
                                                    revenue amount, $878,590,000, shown                                     amount is then multiplied by one plus
                                                    on line 1 is multiplied by the inflation                                the capacity planning adjustment of

                                                         TABLE 5—PDUFA INFLATION AND CAPACITY PLANNING ADJUSTED AMOUNT FOR FY 2018, SUMMARY CALCULATION
                                                    FY 2018 Revenue Amount ......................................................................................................................................              $878,590,000                   Line   1
                                                    Inflation Adjustment Factor for FY 2018 (1 plus 1.6868 percent) ...........................................................................                                    1.016868                   Line   2
                                                    Inflation Adjusted Amount ........................................................................................................................................         $893,410,056                   Line   3
                                                    Capacity Planning Adjustment Factor for FY 2018 (1 plus 2.5090 percent) ..........................................................                                             1.025090                   Line   4
                                                    Inflation and Capacity Planning Adjusted Amount ..................................................................................................                         $915,825,714                   Line   5



                                                       The capacity planning adjustment                                     will be allocated and used by                                              operating reserves, FDA is required to
                                                    adds $22,415,658 to the fee revenue                                     organizational review components                                           decrease fees to provide for not more
                                                    amount for FY 2018. This increase is                                    engaged in direct review work to                                           than 14 weeks of operating reserves of
                                                    driven by the fact that the counts of                                   enhance resources and expand staff                                         carryover user fees.
                                                    elements for 2017 (year ending June 30)                                 capacity and capability (see II.A.4 on                                       To determine the 14-week operating
                                                    are at or near the highest levels since the                             p.37 of the PDUFA VI commitment                                            reserve amount, the FY 2018 annual
                                                    first incorporation of the workload                                     letter).1                                                                  base revenue adjusted for inflation and
                                                    adjuster in 2003. The NDA/BLA count                                                                                                                capacity planning, $915,825,714, is
                                                                                                                            C. FY 2018 Statutory Fee Revenue
                                                    in 2017 is equal to the highest annual                                                                                                             divided by 52, and then multiplied by
                                                                                                                            Adjustments for Additional Dollar
                                                    number recorded since the advent of the                                                                                                            14. The 14-week operating reserve
                                                                                                                            Amounts
                                                    workload adjuster methodology in 2003.                                                                                                             amount for FY 2018 is $246,568,461.
                                                    Active commercial INDs, efficacy                                           PDUFA VI provides an additional
                                                    supplements, and meetings/WROs are                                      dollar amount for each of the next five                                      To determine the end of year
                                                    higher in 2017 than in any previous year                                fiscal years for additional FTE to                                         operating reserve amount, the Agency
                                                    recorded in the workload adjuster (note:                                support PDUFA VI enhancements                                              must assess actual operating reserve at
                                                    Meetings/WROs are only counted back                                     outlined in the PDUFA VI commitment                                        the end of the third quarter of FY 2017,
                                                    to 2014 while the other elements are                                    letter. The amount for FY 2018 is                                          and forecast collections and obligations
                                                    counted back to 2003). The                                              $20,077,793 (see section 736(b)(1)(F) of                                   in the fourth quarter of FY 2017. The
                                                    manufacturing supplement count is                                       the FD&C Act). Adding this amount to                                       estimated end of year FY 2017 operating
                                                    approximately 2 percent below the                                       the inflation and capacity planning                                        reserve is $279,856,044.
                                                    highest number recorded in the history                                  adjusted revenue amount, $915,825,714,                                       Because the estimated end of year FY
                                                    of the workload adjuster. Comparing                                     equals $935,904,000 (rounded to the                                        2017 PDUFA operating reserve exceeds
                                                    2017 to 2014, the first year included in                                nearest thousand dollars).                                                 the 14-week operating reserve for FY
                                                    the average in column 1 in the                                                                                                                     2018, FDA will reduce the FY 2018
                                                                                                                            D. FY 2018 Statutory Fee Revenue
                                                    adjustment, NDA/BLAs are 12 percent                                                                                                                PDUFA fee revenue of $935,903,507 by
                                                                                                                            Adjustments for Operating Reserve
                                                    higher, active commercial INDs are 10                                                                                                              $33,287,582, resulting in an adjusted fee
                                                    percent higher, efficacy supplements are                                  PDUFA VI provides for an operating                                       revenue of $902,615,925.
                                                    25 percent higher, manufacturing                                        reserve adjustment to allow FDA to
                                                                                                                            increase the fee revenue and fees for any                                  E. FY 2018 Statutory Fee Revenue
                                                    supplements are 15 percent higher, and
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                                                                                                                            given fiscal year during PDUFA VI to                                       Adjustments for Additional Direct Cost
                                                    meetings scheduled and WROs are 27
                                                    percent higher. This significant and                                    maintain up to 14 weeks of operating                                         PDUFA VI specifies that $8,730,000
                                                    across the board increase in submission                                 reserve of carryover user fees. If the                                     be added in addition to the operating
                                                    activity is the driver of the $22,415,658                               carryover balance exceeds 14 weeks of                                      reserve adjustment to account for
                                                    upward adjustment to the fee revenue                                                                                                               additional direct costs in FY 2018. This
                                                                                                                              1 The PDUFA VI commitment letter can be
                                                    amount.                                                                                                                                            additional direct cost adjustment will be
                                                                                                                            viewed at https://www.fda.gov/downloads/
                                                       Per the commitments made in PDUFA                                    forindustry/userfees/prescriptiondruguserfee/                              adjusted for inflation each year
                                                    VI, this increase in the revenue amount                                 ucm511438.pdf.                                                             beginning in FY 2019.


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                                                                                     Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices                                                       43247

                                                       The final FY 2018 PDUFA fee revenue                                (FAEs) it expects to receive during the                       one-eighth of an FAE if the applicant
                                                    is $911,346,000 (rounded to the nearest                               next FY by averaging the number of fee-                       initially paid one-half of the full
                                                    thousand dollars).                                                    paying FAEs received in the three most                        application fee amount. Prior to PDUFA
                                                                                                                          recently completed FYs. Prior year FAE                        VI, the FAE amount also included
                                                    III. Application Fee Calculations
                                                                                                                          totals are updated annually to reflect                        supplements; supplements have been
                                                    A. Application Fee Revenues and                                       refunds and waivers processed after the                       removed from the FAE calculation as
                                                    Application Fees                                                      close of the FY.                                              the supplement fee has been
                                                      Application fees will be set to                                        In estimating the number of fee-                           discontinued in PDUFA VI.
                                                    generate 20 percent of the total revenue                              paying FAEs, a full application
                                                                                                                          requiring clinical data counts as one                           As table 6 shows, the average number
                                                    amount, or $182,269,200 in FY 2018.                                                                                                 of fee-paying FAEs received annually in
                                                                                                                          FAE. An application not requiring
                                                    B. Estimate of the Number of Fee-Paying                               clinical data counts as one-half of an                        the most recent 3-year period is
                                                    Applications and Setting the                                          FAE. An application that is withdrawn                         75.271347 FAEs. FDA will set fees for
                                                    Application Fees                                                      before filing, or refused for filing, counts                  FY 2018 based on this estimate as the
                                                      FDA will estimate the total number of                               as one-fourth of an FAE if the applicant                      number of full application equivalents
                                                    fee-paying full application equivalents                               initially paid a full application fee, or                     that will pay fees.

                                                                                                                                   TABLE 6—FEE-PAYING FAES
                                                                                                                                                                                                                       3-year
                                                                                                        FY                                                                2014            2015            2016        average

                                                    Fee-Paying FAEs .............................................................................................         73.375000       81.955603       70.483437   75.271347
                                                       Note: Prior year FAE totals are updated annually to reflect refunds and waivers processed after the close of the FY.


                                                      The FY 2018 application fee is                                      calculated by dividing the adjusted total              payments can be made online). Once
                                                    estimated by dividing the average                                     revenue from program fees                              you search for your invoice, select ‘‘Pay
                                                    number of full applications that paid                                 ($729,076,800) by the estimated 2,397                  Now’’ to be redirected to Pay.gov.
                                                    fees over the latest 3 years, 75.271347,                              program fees, for a FY 2018 program fee                Payment by credit card is available for
                                                    into the fee revenue amount to be                                     of $304,162.                                           balances that are less than $25,000. If
                                                    derived from application fees in FY                                                                                          the balance exceeds this amount, only
                                                                                                                          V. Fee Schedule for FY 2018
                                                    2018, $182,269,200. The result is a fee                                                                                      the ACH option is available. Payments
                                                    of $2,421,495 per full application                                      The fee rates for FY 2018 are                        must be made using U.S bank accounts
                                                    requiring clinical data, and $1,210,748                               displayed in table 7:                                  as well as U.S. credit cards.
                                                    per application not requiring clinical                                                                                         FDA has partnered with the U.S.
                                                    data.                                                                    TABLE 7—FEE SCHEDULE FOR FY                         Department of the Treasury to use
                                                                                                                                                   2018                          Pay.gov, a web-based payment
                                                    IV. Fee Calculations for Prescription                                                                                        application, for online electronic
                                                    Drug Program Fees                                                                                               Fee rates    payment. The Pay.gov feature is
                                                                                                                                  Fee category
                                                       PDUFA VI renamed the product fee                                                                            for FY 2018   available on the FDA Web site after the
                                                    the ‘‘prescription drug program fee’’; in                             Application:                                           user fee ID number is generated.
                                                    addition, PDUFA VI introduced a                                         Requiring clinical data .......           $2,421,495   Please include the user fee
                                                    limitation that an applicant will not be                                Not requiring clinical data                1,210,748 identification (ID) number on your
                                                    assessed more than five program fees for                              Program ................................       304,162 check, bank draft, or postal money
                                                    a fiscal year for prescription drug                                                                                          order. Mail your payment to: Food and
                                                    products identified in a single approved                              VI. Fee Payment Options and                            Drug Administration, P.O. Box 979107,
                                                    NDA or BLA (see section 736(a)(2)(C)).                                Procedures                                             St. Louis, MO 63197–9000. If a check,
                                                    The program fee was also modified so                                                                                         bank draft, or money order is to be sent
                                                    that applicants are assessed a program                                A. Application Fees                                    by a courier that requests a street
                                                    fee only for prescription drug products                                 The appropriate application fee                      address, the courier should deliver your
                                                    identified in a human drug application                                established in the new fee schedule                    payment to: U.S. Bank, Attention:
                                                    approved as of October 1 of such fiscal                               must be paid for any application subject Government Lockbox 979107, 1005
                                                    year.                                                                 to fees under PDUFA that is received on Convention Plaza, St. Louis, MO 63101.
                                                       FDA estimates 2,461 program fees                                   or after October 1, 2017. Payment must                 (Note: This U.S. Bank address is for
                                                    will be invoiced in FY 2018 before                                    be made in U.S. currency by electronic                 courier delivery only. If you have any
                                                    factoring in waivers, refunds, and                                    check, check, bank draft, wire transfer,               questions concerning courier delivery
                                                    exemptions. FDA approximates that                                     or U.S. postal money order payable to                  contact the U.S. Bank at 314–418–4013.
                                                    there will be 27 waivers and refunds                                  the order of the Food and Drug                         This telephone number is only for
                                                    granted. In addition, FDA approximates                                Administration. The preferred payment                  questions about courier delivery). Please
                                                                                                                          method is online using electronic check make sure that the FDA post office box
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                                                    that another 37 program fees will be
                                                    exempted in FY 2018 based on the                                      (Automated Clearing House (ACH) also                   number (P.O. Box 979107) is written on
                                                    orphan drug exemption in section                                      known as eCheck) or credit card                        the check, bank draft, or postal money
                                                    736(k) of the FD&C Act. FDA estimates                                 (Discover, VISA, MasterCard, American order.
                                                    2,397 program fees in FY 2018, after                                  Express). Secure electronic payments                     If paying by wire transfer, please
                                                    allowing for an estimated 64 waivers                                  can be submitted using the User Fees                   reference your unique user fee ID
                                                    and reductions, including the orphan                                  Payment Portal at https://                             number when completing your transfer.
                                                    drug exemptions. The FY 2018                                          userfees.fda.gov/pay (Note: only full                  The originating financial institution
                                                    prescription drug program fee rate is                                 payments are accepted. No partial                      may charge a wire transfer fee. Please


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                                                    43248                    Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

                                                    ask your financial institution about the                merchandise by water, or by land and                  SUMMARY:    The Department of Homeland
                                                    fee and add it to your payment to ensure                water, between points in the United                   Security (DHS), U.S. Citizenship and
                                                    that your fee is fully paid. The account                States to which the coastwise laws                    Immigration (USCIS) invites the general
                                                    information for wire transfers is as                    apply, either directly or via a foreign               public and other Federal agencies to
                                                    follows: U.S. Department of the                         port’’ unless the vessel was built in and             comment upon this proposed revision of
                                                    Treasury, TREAS NYC, 33 Liberty St.,                    documented under the laws of the                      a currently approved collection of
                                                    New York, NY 10045, Acct. No.:                          United States and is wholly owned by                  information. In accordance with the
                                                    75060099, Routing No.: 021030004,                       persons who are citizens of the United                Paperwork Reduction Act (PRA) of
                                                    SWIFT: FRNYUS33, Beneficiary: FDA,                      States. Such a vessel, after obtaining a              1995, the information collection notice
                                                    8455 Colesville Rd., 14th Floor, Silver                 coastwise endorsement from the U.S.                   is published in the Federal Register to
                                                    Spring, MD 20993–0002. If needed,                       Coast Guard, is ‘‘coastwise-qualified.’’              obtain comments regarding the nature of
                                                    FDA’s tax identification number is 53–                  The coastwise laws generally apply to                 the information collection, the
                                                    0196965.                                                points in the territorial sea, which is               categories of respondents, the estimated
                                                                                                            defined as the belt, three nautical miles             burden (i.e. the time, effort, and
                                                    B. Prescription Drug Program Fees                       wide, seaward of the territorial sea                  resources used by the respondents to
                                                      FDA plans to issue invoices and                       baseline, and to points located in                    respond), the estimated cost to the
                                                    payment instructions for FY 2018                        internal waters, landward of the                      respondent, and the actual information
                                                    program fees under the new fee                          territorial sea baseline.                             collection instruments.
                                                    schedule in September 2017. Payment                        The navigation laws, including the                 DATES: Comments are encouraged and
                                                    will be due on October 1, 2017. FDA                     coastwise laws, can be waived under the               will be accepted for 60 days until
                                                    plans to issue invoices in December                     authority provided by 46 U.S.C. 501.                  November 13, 2017.
                                                    2017 for FY 2018 program fees that                      The statute provides in relevant part,
                                                                                                                                                                  ADDRESSES: All submissions received
                                                    qualify for fee assessments after the                   ‘‘On request of the Secretary of Defense,
                                                                                                            the head of an agency responsible for                 must include the OMB Control Number
                                                    initial 2017 billing.
                                                                                                            the administration of the navigation or               1615–0131 in the body of the letter, the
                                                      Dated: September 8, 2017.                                                                                   agency name and Docket ID USCIS–
                                                    Leslie Kux,
                                                                                                            vessel-inspection laws shall waive
                                                                                                            compliance with those laws to the                     2014–0005. To avoid duplicate
                                                    Associate Commissioner for Policy.
                                                                                                            extent the Secretary considers necessary              submissions, please use only one of the
                                                    [FR Doc. 2017–19494 Filed 9–13–17; 8:45 am]
                                                                                                            in the interest of national defense.’’ 46             following methods to submit comments:
                                                    BILLING CODE 4164–01–P                                                                                           (1) Online. Submit comments via the
                                                                                                            U.S.C. 501(a).
                                                                                                               For the reasons stated above, and in               Federal eRulemaking Portal Web site at
                                                                                                            light of the request from the Department              http://www.regulations.gov under e-
                                                    DEPARTMENT OF HOMELAND                                  of Defense and the concurrence of the                 Docket ID number USCIS–2014–0005;
                                                    SECURITY                                                                                                         (2) Mail. Submit written comments to
                                                                                                            Department of Energy, I am exercising
                                                                                                                                                                  DHS, USCIS, Office of Policy and
                                                                                                            my authority to waive the Jones Act for
                                                    Office of the Secretary                                                                                       Strategy, Chief, Regulatory Coordination
                                                                                                            a 7-day period, commencing
                                                                                                                                                                  Division, 20 Massachusetts Avenue
                                                    Waiver of Compliance With Navigation                    immediately, to facilitate movement of
                                                                                                                                                                  NW., Washington, DC 20529–2140.
                                                    Laws; Hurricanes Harvey and Irma                        refined petroleum products, including
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                            gasoline, diesel, and jet fuel—to be
                                                    AGENCY: Office of the Secretary,                        shipped from New York, Pennsylvania,                  USCIS, Office of Policy and Strategy,
                                                    Department of Homeland Security.                        Texas, and Louisiana to South Carolina,               Regulatory Coordination Division,
                                                    ACTION: Notice.                                         Georgia, Florida, and Puerto Rico. This               Samantha Deshommes, Chief, 20
                                                                                                            waiver applies to covered merchandise                 Massachusetts Avenue NW.,
                                                       Hurricane Harvey striking the U.S.                   laded on board a vessel within the 7 day              Washington, DC 20529–2140, telephone
                                                    Gulf Coast has resulted in severe                       period of the waiver.                                 number 202–272–8377 (This is not a
                                                    disruptions in both the midstream and                                                                         toll-free number. Comments are not
                                                    downstream sectors of the oil supply                      Executed this 8th day of September, 2017.           accepted via telephone message). Please
                                                    system. Some refineries and pipeline                    Elaine C. Duke,                                       note contact information provided here
                                                    networks are shut-in or running at                      Acting Secretary of Homeland Security.                is solely for questions regarding this
                                                    reduced rates. In addition, conditions                  [FR Doc. 2017–19523 Filed 9–13–17; 8:45 am]           notice. It is not for individual case
                                                    exist for a potential imminent shortage                 BILLING CODE 9111–14–P                                status inquiries. Applicants seeking
                                                    of energy supply in areas predicted to be                                                                     information about the status of their
                                                    affected by Hurricane Irma. In light of                                                                       individual cases can check Case Status
                                                    the impact on the affected region’s                     DEPARTMENT OF HOMELAND                                Online, available at the USCIS Web site
                                                    energy needs, the Department of Energy                  SECURITY                                              at http://www.uscis.gov, or call the
                                                    (DOE) has recommended that the                                                                                USCIS National Customer Service
                                                    Department of Homeland Security                         U.S. Citizenship and Immigration                      Center at 800–375–5283 (TTY 800–767–
                                                    waive the requirements of the Jones Act                 Services                                              1833).
                                                    in the interest of national defense to                  [OMB Control Number 1615–0131]                        SUPPLEMENTARY INFORMATION:
                                                    facilitate the transportation of the
                                                                                                            Agency Information Collection                         Comments
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    necessary volume of petroleum products
                                                    for a 7-day period. Furthermore, the                    Activities; Revision of a Currently                     You may access the information
                                                    Department of Defense (DoD) has                         Approved Collection: USCIS Electronic                 collection instrument with instructions,
                                                    requested a 7-day waiver of the Jones                   Payment Processing                                    or additional information by visiting the
                                                    Act in the interest of national defense,                AGENCY:  U.S. Citizenship and                         Federal eRulemaking Portal site at:
                                                    commencing immediately.                                 Immigration Services, Department of                   http://www.regulations.gov and enter
                                                       The Jones Act, 46 United States Code                 Homeland Security.                                    USCIS–2014–0005 in the search box.
                                                    (U.S.C.) 55102, states ‘‘a vessel may not                                                                     Regardless of the method used for
                                                                                                            ACTION: 60-Day notice.
                                                    provide any part of the transportation of                                                                     submitting comments or material, all


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Document Created: 2017-09-13 23:49:21
Document Modified: 2017-09-13 23:49:21
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.
ContactRobert J. Marcarelli, Office of Financial Management, Food and Drug Administration, 8455 Colesville Rd., COLE-14202F, Silver Spring, MD 20993-0002, 301-796-7223.
FR Citation82 FR 43244 

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