82_FR_43562 82 FR 43384 - Determination That TIMOPTIC (Timolol Maleate Ophthalmic Solution), 0.25 Percent and 0.5 Percent, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

82 FR 43384 - Determination That TIMOPTIC (Timolol Maleate Ophthalmic Solution), 0.25 Percent and 0.5 Percent, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 178 (September 15, 2017)

Page Range43384-43385
FR Document2017-19610

The Food and Drug Administration (FDA or Agency) has determined that TIMOPTIC (timolol maleate ophthalmic solution), 0.25 percent and 0.5 percent, was not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to this drug product, and it will allow FDA to continue to approve ANDAs that refer to the product as long as they meet relevant legal and regulatory requirements.

Federal Register, Volume 82 Issue 178 (Friday, September 15, 2017)
[Federal Register Volume 82, Number 178 (Friday, September 15, 2017)]
[Notices]
[Pages 43384-43385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19610]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-P-1108]


Determination That TIMOPTIC (Timolol Maleate Ophthalmic 
Solution), 0.25 Percent and 0.5 Percent, Was Not Withdrawn From Sale 
for Reasons of Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has 
determined that TIMOPTIC (timolol maleate ophthalmic solution), 0.25 
percent and 0.5 percent, was not withdrawn from sale for reasons of 
safety or effectiveness. This determination means that FDA will not 
begin procedures to withdraw approval of abbreviated new drug 
applications (ANDAs) that refer to this drug product, and it will allow 
FDA to continue to approve ANDAs that refer to the product as long as 
they meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Robin Fastenau, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 240-
402-4510.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price 
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) 
(the 1984 amendments), which authorized the approval of duplicate 
versions of drug products under an ANDA procedure. ANDA applicants 
must, with certain exceptions, show that the drug for which they are 
seeking approval contains the same active ingredient in the same 
strength and dosage form as the listed drug, which is a version of the 
drug that was previously approved. ANDA applicants do not have to 
repeat the extensive clinical testing otherwise necessary to gain 
approval of a new drug application (NDA).
    The 1984 amendments include what is now section 505(j)(7) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which 
requires FDA to publish a list of all approved drugs. FDA publishes 
this list as part of the ``Approved Drug Products with Therapeutic 
Equivalence Evaluations,'' which is known generally as the Orange Book. 
Under FDA regulations, a drug is removed from the list if the Agency 
withdraws or suspends approval of the drug's NDA or ANDA for reasons of 
safety or effectiveness or if FDA determines that the listed drug was 
withdrawn from sale for reasons of safety or effectiveness (21 CFR 
314.162).
    A person may petition the Agency to determine, or the Agency may 
determine on its own initiative, whether a listed drug was withdrawn 
from sale for reasons of safety or effectiveness. This determination 
may be made at any time after the drug has been withdrawn from sale, 
but must be made prior to approving an ANDA that refers to the listed 
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that 
does not refer to a listed drug.
    TIMOPTIC (timolol maleate ophthalmic solution), 0.25 percent and 
0.5 percent, is the subject of NDA 018086, held by Aton Pharma, Inc. 
and initially approved on August 17, 1978. TIMOPTIC is indicated for 
the treatment of elevated intraocular pressure in patients with ocular 
hypertension or open-angle glaucoma.
    TIMOPTIC (timolol maleate ophthalmic solution), 0.25 percent and 
0.5 percent, is currently listed in the ``Discontinued Drug Product 
List'' section of the Orange Book. Orbicular Pharmaceutical 
Technologies, Pvt. Ltd., submitted a citizen petition dated February 
22, 2017 (Docket No. FDA-2017-P-1108), under 21 CFR 10.30, requesting 
that the Agency determine whether TIMOPTIC (timolol maleate ophthalmic 
solution), 0.25 percent and 0.5 percent, was withdrawn from sale for 
reasons of safety or effectiveness.
    After considering the citizen petition and reviewing Agency records 
and based on the information we have at this time, FDA has determined 
under Sec.  314.161 that TIMOPTIC (timolol maleate ophthalmic 
solution), 0.25 percent and 0.5 percent, was not withdrawn for reasons 
of safety or effectiveness. The petitioner has identified no data or 
other information suggesting that this drug product was

[[Page 43385]]

withdrawn for reasons of safety or effectiveness. We have carefully 
reviewed our files for records concerning the withdrawal of TIMOPTIC 
(timolol maleate ophthalmic solution), 0.25 percent and 0.5 percent, 
from sale. We have also independently evaluated relevant literature and 
data for possible postmarketing adverse events. We have found no 
information that would indicate that this drug product was withdrawn 
from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list TIMOPTIC (timolol 
maleate ophthalmic solution), 0.25 percent and 0.5 percent, in the 
``Discontinued Drug Product List'' section of the Orange Book. The 
``Discontinued Drug Product List'' delineates, among other items, drug 
products that have been discontinued from marketing for reasons other 
than safety or effectiveness. FDA will not begin procedures to withdraw 
approval of approved ANDAs that refer to this drug product. Additional 
ANDAs for this drug product may also be approved by the Agency as long 
as they meet all other legal and regulatory requirements for the 
approval of ANDAs. If FDA determines that labeling for this drug 
product should be revised to meet current standards, the Agency will 
advise ANDA applicants to submit such labeling.

    Dated: September 11, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-19610 Filed 9-14-17; 8:45 am]
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                                                  43384                       Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices

                                                  blunt or sharp, and of varying lengths.                 of information in 21 CFR part 807,                    a version of the drug that was
                                                  This document discusses when                            subpart E, regarding premarket                        previously approved. ANDA applicants
                                                  microneedling products are devices as                   notification submissions, have been                   do not have to repeat the extensive
                                                  defined under section 201(h) of the                     approved under OMB control number                     clinical testing otherwise necessary to
                                                  FD&C Act (21 U.S.C. 321(h)). This draft                 0910–0120, and the collections of                     gain approval of a new drug application
                                                  guidance also provides clarity on the                   information in 21 CFR part 801,                       (NDA).
                                                  regulatory pathway to market for                        regarding device labeling, have been                     The 1984 amendments include what
                                                  microneedling devices, resulting in                     approved under OMB control number                     is now section 505(j)(7) of the Federal
                                                  more transparency and predictability to                 0910–0485.                                            Food, Drug, and Cosmetic Act (21 U.S.C.
                                                  firms and stakeholders, which may                                                                             355(j)(7)), which requires FDA to
                                                                                                            Dated: September 7, 2017.
                                                  translate into more efficient device                                                                          publish a list of all approved drugs.
                                                                                                          Anna K. Abram,
                                                  development and patient access to such                                                                        FDA publishes this list as part of the
                                                  devices. The scope of this guidance                     Deputy Commissioner for Policy, Planning,             ‘‘Approved Drug Products with
                                                                                                          Legislation, and Analysis.                            Therapeutic Equivalence Evaluations,’’
                                                  document does not include
                                                                                                          [FR Doc. 2017–19614 Filed 9–14–17; 8:45 am]           which is known generally as the Orange
                                                  microneedling combination products,
                                                  acupuncture needles, hypodermic                         BILLING CODE 4164–01–P                                Book. Under FDA regulations, a drug is
                                                  needles or other needles for injection,                                                                       removed from the list if the Agency
                                                  tattoo machine needles, and needle                                                                            withdraws or suspends approval of the
                                                  probes that emit any type of energy (e.g.,              DEPARTMENT OF HEALTH AND                              drug’s NDA or ANDA for reasons of
                                                  radiofrequency needles) or deliver any                  HUMAN SERVICES                                        safety or effectiveness or if FDA
                                                  type of energy to a patient (e.g., LASER,                                                                     determines that the listed drug was
                                                                                                          Food and Drug Administration
                                                  ultrasound).                                                                                                  withdrawn from sale for reasons of
                                                                                                          [Docket No. FDA–2017–P–1108]                          safety or effectiveness (21 CFR 314.162).
                                                  II. Significance of Guidance                                                                                     A person may petition the Agency to
                                                     This draft guidance is being issued                  Determination That TIMOPTIC (Timolol                  determine, or the Agency may
                                                  consistent with FDA’s good guidance                     Maleate Ophthalmic Solution), 0.25                    determine on its own initiative, whether
                                                  practices regulation (21 CFR 10.115).                   Percent and 0.5 Percent, Was Not                      a listed drug was withdrawn from sale
                                                  The draft guidance, when finalized, will                Withdrawn From Sale for Reasons of                    for reasons of safety or effectiveness.
                                                  represent the current thinking of FDA                   Safety or Effectiveness                               This determination may be made at any
                                                  on this topic. It does not establish any                                                                      time after the drug has been withdrawn
                                                                                                          AGENCY:    Food and Drug Administration,
                                                  rights for any person and is not binding                                                                      from sale, but must be made prior to
                                                                                                          HHS.
                                                  on FDA or the public. You can use an                                                                          approving an ANDA that refers to the
                                                  alternative approach if it satisfies the                ACTION:   Notice.                                     listed drug (§ 314.161 (21 CFR 314.161)).
                                                  requirements of the applicable statutes                 SUMMARY:   The Food and Drug                          FDA may not approve an ANDA that
                                                  and regulations. This guidance is not                   Administration (FDA or Agency) has                    does not refer to a listed drug.
                                                  subject to Executive Order 12866.                       determined that TIMOPTIC (timolol                        TIMOPTIC (timolol maleate
                                                                                                                                                                ophthalmic solution), 0.25 percent and
                                                  III. Electronic Access                                  maleate ophthalmic solution), 0.25
                                                                                                                                                                0.5 percent, is the subject of NDA
                                                                                                          percent and 0.5 percent, was not
                                                     Persons interested in obtaining a copy                                                                     018086, held by Aton Pharma, Inc. and
                                                                                                          withdrawn from sale for reasons of
                                                  of the draft guidance may do so by                                                                            initially approved on August 17, 1978.
                                                                                                          safety or effectiveness. This
                                                  downloading an electronic copy from                                                                           TIMOPTIC is indicated for the treatment
                                                                                                          determination means that FDA will not
                                                  the internet. A search capability for all                                                                     of elevated intraocular pressure in
                                                                                                          begin procedures to withdraw approval
                                                  Center for Devices and Radiological                                                                           patients with ocular hypertension or
                                                                                                          of abbreviated new drug applications
                                                  Health guidance documents is available                                                                        open-angle glaucoma.
                                                                                                          (ANDAs) that refer to this drug product,                 TIMOPTIC (timolol maleate
                                                  at http://www.fda.gov/MedicalDevices/
                                                                                                          and it will allow FDA to continue to                  ophthalmic solution), 0.25 percent and
                                                  DeviceRegulationandGuidance/
                                                                                                          approve ANDAs that refer to the                       0.5 percent, is currently listed in the
                                                  GuidanceDocuments/default.htm. This
                                                                                                          product as long as they meet relevant                 ‘‘Discontinued Drug Product List’’
                                                  guidance document is also available at
                                                                                                          legal and regulatory requirements.                    section of the Orange Book. Orbicular
                                                  https://www.regulations.gov. Persons
                                                  unable to download an electronic copy                   FOR FURTHER INFORMATION CONTACT:                      Pharmaceutical Technologies, Pvt. Ltd.,
                                                  of ‘‘Regulatory Considerations for                      Robin Fastenau, Center for Drug                       submitted a citizen petition dated
                                                  Microneedling Devices—Draft Guidance                    Evaluation and Research, Food and                     February 22, 2017 (Docket No. FDA–
                                                  for Industry and Food and Drug                          Drug Administration, 10903 New                        2017–P–1108), under 21 CFR 10.30,
                                                  Administration Staff’’ may send an                      Hampshire Ave., Bldg. 51, Rm. 6236,                   requesting that the Agency determine
                                                  email request to CDRH-Guidance@                         Silver Spring, MD 20993–0002, 240–                    whether TIMOPTIC (timolol maleate
                                                  fda.hhs.gov to receive an electronic                    402–4510.                                             ophthalmic solution), 0.25 percent and
                                                  copy of the document. Please use the                    SUPPLEMENTARY INFORMATION: In 1984,                   0.5 percent, was withdrawn from sale
                                                  document number 1500036 to identify                     Congress enacted the Drug Price                       for reasons of safety or effectiveness.
                                                  the guidance you are requesting.                        Competition and Patent Term                              After considering the citizen petition
                                                                                                          Restoration Act of 1984 (Pub. L. 98–417)              and reviewing Agency records and
                                                  IV. Paperwork Reduction Act of 1995                     (the 1984 amendments), which                          based on the information we have at this
                                                    This draft guidance refers to                         authorized the approval of duplicate                  time, FDA has determined under
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                                                  previously approved collections of                      versions of drug products under an                    § 314.161 that TIMOPTIC (timolol
                                                  information found in FDA regulations.                   ANDA procedure. ANDA applicants                       maleate ophthalmic solution), 0.25
                                                  These collections of information are                    must, with certain exceptions, show that              percent and 0.5 percent, was not
                                                  subject to review by the Office of                      the drug for which they are seeking                   withdrawn for reasons of safety or
                                                  Management and Budget (OMB) under                       approval contains the same active                     effectiveness. The petitioner has
                                                  the Paperwork Reduction Act of 1995                     ingredient in the same strength and                   identified no data or other information
                                                  (44 U.S.C. 3501–3520). The collections                  dosage form as the listed drug, which is              suggesting that this drug product was


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                                                                              Federal Register / Vol. 82, No. 178 / Friday, September 15, 2017 / Notices                                          43385

                                                  withdrawn for reasons of safety or                      effectiveness summaries of approved                      • Confidential Submissions—To
                                                  effectiveness. We have carefully                        PMAs through the internet and the                     submit a comment with confidential
                                                  reviewed our files for records                          Agency’s Dockets Management Staff.                    information that you do not wish to be
                                                  concerning the withdrawal of                            ADDRESSES: You may submit comments                    made publicly available, submit your
                                                  TIMOPTIC (timolol maleate ophthalmic                    as follows:                                           comments only as a written/paper
                                                  solution), 0.25 percent and 0.5 percent,                                                                      submission. You should submit two
                                                  from sale. We have also independently                   Electronic Submissions                                copies total. One copy will include the
                                                  evaluated relevant literature and data                    Submit electronic comments in the                   information you claim to be confidential
                                                  for possible postmarketing adverse                      following way:                                        with a heading or cover note that states
                                                  events. We have found no information                      • Federal eRulemaking Portal:                       ‘‘THIS DOCUMENT CONTAINS
                                                  that would indicate that this drug                      https://www.regulations.gov. Follow the               CONFIDENTIAL INFORMATION.’’ The
                                                  product was withdrawn from sale for                     instructions for submitting comments.                 Agency will review this copy, including
                                                  reasons of safety or effectiveness.                     Comments submitted electronically,                    the claimed confidential information, in
                                                     Accordingly, the Agency will                         including attachments, to https://                    its consideration of comments. The
                                                  continue to list TIMOPTIC (timolol                      www.regulations.gov will be posted to                 second copy, which will have the
                                                  maleate ophthalmic solution), 0.25                      the docket unchanged. Because your                    claimed confidential information
                                                  percent and 0.5 percent, in the                         comment will be made public, you are                  redacted/blacked out, will be available
                                                  ‘‘Discontinued Drug Product List’’                      solely responsible for ensuring that your             for public viewing and posted on
                                                  section of the Orange Book. The                         comment does not include any                          https://www.regulations.gov. Submit
                                                  ‘‘Discontinued Drug Product List’’                      confidential information that you or a                both copies to the Dockets Management
                                                  delineates, among other items, drug                                                                           Staff Office. If you do not wish your
                                                                                                          third party may not wish to be posted,
                                                  products that have been discontinued                                                                          name and contact information to be
                                                                                                          such as medical information, your or
                                                  from marketing for reasons other than                                                                         made publicly available, you can
                                                                                                          anyone else’s Social Security number, or
                                                  safety or effectiveness. FDA will not                                                                         provide this information on the cover
                                                                                                          confidential business information, such
                                                  begin procedures to withdraw approval                                                                         sheet and not in the body of your
                                                                                                          as a manufacturing process. Please note
                                                  of approved ANDAs that refer to this                                                                          comments and you must identify this
                                                                                                          that if you include your name, contact
                                                  drug product. Additional ANDAs for                                                                            information as ‘‘confidential.’’ Any
                                                                                                          information, or other information that
                                                  this drug product may also be approved                                                                        information marked as ‘‘confidential’’
                                                                                                          identifies you in the body of your
                                                  by the Agency as long as they meet all                                                                        will not be disclosed except in
                                                                                                          comments, that information will be
                                                  other legal and regulatory requirements                                                                       accordance with 21 CFR 10.20 and other
                                                                                                          posted on https://www.regulations.gov.
                                                  for the approval of ANDAs. If FDA
                                                                                                            • If you want to submit a comment                   applicable disclosure law. For more
                                                  determines that labeling for this drug                                                                        information about FDA’s posting of
                                                                                                          with confidential information that you
                                                  product should be revised to meet                                                                             comments to public dockets, see 80 FR
                                                                                                          do not wish to be made available to the
                                                  current standards, the Agency will                                                                            56469, September 18, 2015, or access
                                                                                                          public, submit the comment as a
                                                  advise ANDA applicants to submit such                                                                         the information at: https://www.gpo.gov/
                                                                                                          written/paper submission and in the
                                                  labeling.                                                                                                     fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                          manner detailed (see ‘‘Written/Paper
                                                    Dated: September 11, 2017.                            Submissions’’ and ‘‘Instructions’’).                  23389.pdf.
                                                  Anna K. Abram,                                                                                                   Docket: For access to the docket to
                                                  Deputy Commissioner for Policy, Planning,
                                                                                                          Written/Paper Submissions                             read background documents or the
                                                  Legislation, and Analysis.                                 Submit written/paper submissions as                electronic and written/paper comments
                                                  [FR Doc. 2017–19610 Filed 9–14–17; 8:45 am]             follows:                                              received, go to https://
                                                  BILLING CODE 4164–01–P                                     • Mail/Hand delivery/Courier (for                  www.regulations.gov and insert the
                                                                                                          written/paper submissions): Dockets                   docket number, found in brackets in the
                                                                                                          Management Staff (HFA–305), Food and                  heading of this document, into the
                                                  DEPARTMENT OF HEALTH AND                                Drug Administration, 5630 Fishers                     ‘‘Search’’ box and follow the prompts
                                                  HUMAN SERVICES                                          Lane, Rm. 1061, Rockville, MD 20852.                  and/or go to the Dockets Management
                                                                                                             • For written/paper comments                       Staff office, 5630 Fishers Lane, Rm.
                                                  Food and Drug Administration                            submitted to the Dockets Management                   1061, Rockville, MD 20852.
                                                  [Docket Nos. FDA–2016–M–4529 and FDA–                   Staff, FDA will post your comment, as                 FOR FURTHER INFORMATION CONTACT:
                                                  2017–M–3899]                                            well as any attachments, except for                   Jonathan McKnight, Center for Biologics
                                                                                                          information submitted, marked and                     Evaluation and Research, Food and
                                                  Medical Devices Regulated by the                        identified, as confidential, if submitted             Drug Administration, 10903 New
                                                  Center for Biologics Evaluation and                     as detailed in ‘‘Instructions.’’                      Hampshire Ave., Bldg. 71, Rm. 7301,
                                                  Research; Availability of Safety and                       Instructions: All submissions received             Silver Spring, MD 20993–0002, 240–
                                                  Effectiveness Summaries for                             must include the Docket Nos. FDA–                     402–7911.
                                                  Premarket Approval Applications                         2016–M–4529 and FDA–2017–M–3899                       SUPPLEMENTARY INFORMATION:
                                                  AGENCY:    Food and Drug Administration,                for ‘‘Medical Devices Regulated by the
                                                                                                          Center for Biologics Evaluation and                   I. Background
                                                  HHS.
                                                  ACTION:   Notice.                                       Research; Availability of Safety and                    In accordance with sections 515(d)(4)
                                                                                                          Effectiveness Summaries for Premarket                 and (e)(2) of the Federal Food, Drug, and
                                                  SUMMARY:    The Food and Drug                           Approval Applications.’’ Received                     Cosmetic Act (the FD&C Act) (21 U.S.C.
mstockstill on DSK30JT082PROD with NOTICES




                                                  Administration (FDA or Agency) is                       comments will be placed in the docket                 360e(d)(4) and (e)(2)), notification of an
                                                  publishing a list of premarket approval                 and, except for those submitted as                    order approving, denying, or
                                                  applications (PMAs) that have been                      ‘‘Confidential Submissions,’’ publicly                withdrawing approval of a PMA will
                                                  approved by the Center for Biologics                    viewable at https://www.regulations.gov               continue to include a notice of
                                                  Evaluation and Research (CBER). This                    or at the Dockets Management Staff                    opportunity to request review of the
                                                  list is intended to inform the public of                Office between 9 a.m. and 4 p.m.,                     order under section 515(g) of the FD&C
                                                  the availability of safety and                          Monday through Friday.                                Act. The 30-day period for requesting


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Document Created: 2017-09-15 00:18:56
Document Modified: 2017-09-15 00:18:56
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.
ContactRobin Fastenau, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6236, Silver Spring, MD 20993-0002, 240- 402-4510.
FR Citation82 FR 43384 

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