82_FR_45483 82 FR 45296 - Fee for Using a Tropical Disease Priority Review Voucher in Fiscal Year 2018

82 FR 45296 - Fee for Using a Tropical Disease Priority Review Voucher in Fiscal Year 2018

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45296-45298
FR Document2017-20799

The Food and Drug Administration (FDA or the Agency) is announcing the fee rates for using a tropical disease priority review voucher for fiscal year (FY) 2018. The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Food and Drug Administration Amendments Act of 2007 (FDAAA), authorizes FDA to determine and collect priority review user fees for certain applications for approval of drug or biological products when those applications use a tropical disease priority review voucher awarded by the Secretary of Health and Human Services. These vouchers are awarded to the sponsors of certain tropical disease product applications, submitted after September 27, 2007, upon FDA approval of such applications. The amount of the fee submitted to FDA with applications using a tropical disease priority review voucher is determined each fiscal year based on the difference between the average cost incurred by FDA in the review of a human drug application subject to priority review in the previous fiscal year, and the average cost incurred in the review of an application that is not subject to priority review in the previous fiscal year. This notice establishes the tropical disease priority review fee rate for FY 2018.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45296-45298]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20799]



[[Page 45296]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Fee for Using a Tropical Disease Priority Review Voucher in 
Fiscal Year 2018

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the fee rates for using a tropical disease priority review 
voucher for fiscal year (FY) 2018. The Federal Food, Drug, and Cosmetic 
Act (the FD&C Act), as amended by the Food and Drug Administration 
Amendments Act of 2007 (FDAAA), authorizes FDA to determine and collect 
priority review user fees for certain applications for approval of drug 
or biological products when those applications use a tropical disease 
priority review voucher awarded by the Secretary of Health and Human 
Services. These vouchers are awarded to the sponsors of certain 
tropical disease product applications, submitted after September 27, 
2007, upon FDA approval of such applications. The amount of the fee 
submitted to FDA with applications using a tropical disease priority 
review voucher is determined each fiscal year based on the difference 
between the average cost incurred by FDA in the review of a human drug 
application subject to priority review in the previous fiscal year, and 
the average cost incurred in the review of an application that is not 
subject to priority review in the previous fiscal year. This notice 
establishes the tropical disease priority review fee rate 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

    Section 1102 of FDAAA (Pub. L. 110-85) added section 524 to the 
FD&C Act (21 U.S.C. 360n). In section 524, Congress encouraged 
development of new drug and biological products for prevention and 
treatment of certain tropical diseases by offering additional 
incentives for obtaining FDA approval of such products. Under section 
524, the sponsor of an eligible human drug application submitted after 
September 27, 2007, for a tropical disease (as defined in section 
524(a)(3) of the FD&C Act), shall receive a priority review voucher 
upon approval of the tropical disease product application. The 
recipient of a tropical disease priority review voucher may either use 
the voucher with a future submission to FDA under section 505(b)(1) of 
the FD&C Act (21 U.S.C. 355(b)(1)) or section 351 of the Public Health 
Service Act (42 U.S.C. 262), or transfer (including by sale) the 
voucher to another party. The voucher may be transferred (including by 
sale) repeatedly until it ultimately is used for a human drug 
application submitted to FDA under section 505(b)(1) of the FD&C Act or 
section 351(a) of the Public Health Service Act. A priority review is a 
review conducted with a Prescription Drug User Fee Act (PDUFA) goal 
date of 6 months after the receipt or filing date, depending upon the 
type of application. Information regarding the PDUFA goals is available 
at: http://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm511438.pdf.
    The applicant that uses a priority review voucher is entitled to a 
priority review but must pay FDA a priority review user fee in addition 
to any other fee required by PDUFA. FDA published guidance on its Web 
site about how this tropical disease priority review voucher program 
operates (available at: http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm080599.pdf).
    This notice establishes the tropical disease priority review fee 
rate for FY 2018 as $2,830,579 and outlines FDA's process for 
implementing the collection of the priority review user fees. This rate 
is effective on October 1, 2017, and will remain in effect through 
September 30, 2018, for applications submitted with a tropical disease 
priority review voucher. The payment of this priority review user fee 
is required in addition to the payment of any other fee that would 
normally apply to such an application under PDUFA before FDA will 
consider the application complete and acceptable for filing.

II. Tropical Disease Priority Review User Fee for FY 2018

    FDA interprets section 524(c)(2) of the FD&C Act as requiring that 
FDA determine the amount of the tropical disease priority review user 
fee each fiscal year based on the difference between the average cost 
incurred by FDA in the review of a human drug application subject to 
priority review in the previous fiscal year, and the average cost 
incurred by FDA in the review of a human drug application that is not 
subject to priority review in the previous fiscal year.
    A priority review is a review conducted with a PDUFA goal date of 6 
months after the receipt or filing date, depending on the type of 
application. Under the PDUFA goals letter, FDA has committed to 
reviewing and acting on 90 percent of the applications granted priority 
review status within this expedited timeframe. Normally, an application 
for a human drug or biological product will qualify for priority review 
if the product is intended to treat a serious condition and, if 
approved, would provide a significant improvement in safety or 
effectiveness. An application that does not receive a priority 
designation will receive a standard review. Under the PDUFA goals 
letter, FDA committed to reviewing and acting on 90 percent of standard 
applications within 10 months of the receipt or filing date, depending 
on the type of application. A priority review involves a more intensive 
level of effort and a higher level of resources than a standard review.
    FDA is setting fees for FY 2018, and the previous fiscal year is FY 
2017. However, the FY 2017 submission cohort has not been closed out 
yet, and the cost data for FY 2017 are not complete. The latest year 
for which FDA has complete cost data is FY 2016. Furthermore, because 
FDA has never tracked the cost of reviewing applications that get 
priority review as a separate cost subset, FDA estimated this cost 
based on other data that the Agency has tracked. FDA uses data that the 
Agency estimates and publishes on its Web site each year--standard 
costs for review. FDA does not publish a standard cost for ``the review 
of a human drug application subject to priority review in the previous 
fiscal year.'' However, we expect all such applications would contain 
clinical data. The standard cost application categories with clinical 
data that FDA does publish each year are: (1) New drug applications 
(NDAs) for a new molecular entity (NME) with clinical data and (2) 
biologics license applications (BLAs).
    The worksheets for standard costs for FY 2016, show a standard cost 
(rounded to the nearest hundred dollars) of $5,929,100 for a NME NDA 
and $4,887,100 for a BLA. Based on these standard costs, the total cost 
to review the 49 applications in these two categories in FY 2016 (27 
NME NDAs with clinical data and 22 BLAs) was $267,601,900. (Note: These 
numbers exclude the President's Emergency Plan for AIDS Relief NDAs; no

[[Page 45297]]

investigational new drug review costs are included in this amount.) 
Twenty-three of these applications (14 NDAs and 9 BLAs) received 
priority review, which would mean that the remaining 26 received 
standard reviews. Because a priority review compresses a review that 
ordinarily takes 10 months into 6 months, FDA estimates that a 
multiplier of 1.67 (10 months divided by 6 months) should be applied to 
non-priority review costs in estimating the effort and cost of a 
priority review as compared to a standard review. This multiplier is 
consistent with published research on this subject which supports a 
priority review multiplier in the range of 1.48 to 2.35 (Ref. 1). Using 
FY 2016 figures, the costs of a priority and standard review are 
estimated using the following formula:

(23 [alpha] x 1.67) + (26 [alpha]) = $267,601,900
where ``[alpha]'' is the cost of a standard review and ``[alpha] times 
1.67'' is the cost of a priority review. Using this formula, the cost 
of a standard review for NME NDAs and BLAs is calculated to be 
$4,154,664 (rounded to the nearest dollar) and the cost of a priority 
review for NME NDAs and BLAs is 1.67 times that amount, or $6,938,289 
(rounded to the nearest dollar). The difference between these two cost 
estimates, or $2,783,625, represents the incremental cost of conducting 
a priority review rather than a standard review.
    For the FY 2018 fee, FDA will need to adjust the FY 2016 
incremental cost by the average amount by which FDA's average costs 
increased in the 3 years prior to FY 2017, to adjust the FY 2016 amount 
for cost increases in FY 2017. That adjustment, published in the 
Federal Register on July 28, 2016 (see 81 FR 49674 at 49676), setting 
FY 2018 PDUFA fees, is 1.6868 percent for the most recent year, not 
compounded. Increasing the FY 2016 incremental priority review cost of 
$2,783,625 by 1.6868 percent (or 0.016868) results in an estimated cost 
of $2,830,579 (rounded to the nearest dollar). This is the tropical 
disease priority review user fee amount for FY 2018 that must be 
submitted with a priority review voucher for a human drug application 
in FY 2018, in addition to any PDUFA fee that is required for such an 
application.

III. Fee Schedule for FY 2018

    The fee rate for FY 2018 is set out in table 1:

     Table 1--Tropical Disease Priority Review Schedule for FY 2018
------------------------------------------------------------------------
                                                         Fee rate for FY
                      Fee category                             2018
------------------------------------------------------------------------
Application submitted with a tropical disease priority       $2,830,579
 review voucher in addition to the normal PDUFA fee....
------------------------------------------------------------------------

IV. Implementation of Tropical Disease Priority Review User Fee

    Under section 524(c)(4)(A) of the FD&C Act, the priority review 
user fee is due upon submission of a human drug application for which 
the priority review voucher is used. Section 524(c)(4)(B) of the FD&C 
Act specifies that the application will be considered incomplete if the 
priority review user fee and all other applicable user fees are not 
paid in accordance with FDA payment procedures. In addition, FDA may 
not grant a waiver, exemption, reduction, or refund of any fees due and 
payable under section 524 of the FD&C Act (see section 524(c)(4)(C)) 
and FDA may not collect priority review voucher fees ``except to the 
extent provided in advance in appropriation Acts.'' (Section 
524(c)(5)(B) of the FD&C Act.) Beginning with FDA's appropriation for 
FY 2009, the annual appropriation language states specifically that 
``priority review user fees authorized by 21 U.S.C. 360n [i.e., section 
524 of the FD&C Act] may be credited to this account, to remain 
available until expended.'' (Pub. L. 111-8, Section 5, Division A, 
Title VI).
    The tropical disease priority review fee established in the new fee 
schedule must be paid for any application that is received on or after 
October 1, 2017, and submitted with a priority review voucher. This fee 
must be paid in addition to any other fee due under PDUFA. Payment 
should be made in U.S. currency by electronic check, check, bank draft, 
wire transfer, credit card, 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). 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. Note that electronic payment options are based on the 
balance due. Payment by credit card is available for balances that are 
less than $25,000. If the balance exceeds this amount, only the ACH 
option is available. Payments should 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.
    If paying with a paper check the user fee identification (ID) 
number should be included on the check, followed by the words 
``Tropical Disease Priority Review.'' All paper checks should be in 
U.S. currency from a U.S. bank made payable and mailed to: Food and 
Drug Administration, P.O. Box 979107, St. Louis, MO 63197-9000.
    If checks are sent by a courier that requests a street address, the 
courier can deliver the checks 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). The FDA post office box number (P.O. Box 979107) must be 
written on the check. If needed, FDA's tax identification number is 53-
0196965.
    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. If the financial 
institution charges a wire transfer fee, it is required to add that 
amount to the payment to ensure that the invoice is paid in full. The 
account information is as follows: U.S. Dept. of Treasury, TREAS NYC, 
33 Liberty St., New York, NY 10045, Account Number: 75060099, Routing 
Number: 021030004, SWIFT: FRNYUS33, Beneficiary: FDA, 8455 Colesville 
Rd., 14th Floor, Silver Spring, MD 20993-0002.

V. Reference

    The following reference is on display in the Dockets Management 
Staff (HFA-305), Food and Drug Administration,

[[Page 45298]]

5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and is available for 
viewing by interested persons between 9 a.m. and 4 p.m., Monday through 
Friday.

1. Ridley, D.B., H.G. Grabowski, and J.L. Moe, ``Developing Drugs 
for Developing Countries,'' Health Affairs, vol. 25, no. 2, pp. 313-
324, 2006.

    Dated: September 22, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20799 Filed 9-27-17; 8:45 am]
 BILLING CODE 4164-01-P



     45296                    Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

     DEPARTMENT OF HEALTH AND                                defined in section 524(a)(3) of the FD&C              a human drug application that is not
     HUMAN SERVICES                                          Act), shall receive a priority review                 subject to priority review in the
                                                             voucher upon approval of the tropical                 previous fiscal year.
     Food and Drug Administration                            disease product application. The                         A priority review is a review
     [Docket No. FDA–2017–N–0007]                            recipient of a tropical disease priority              conducted with a PDUFA goal date of 6
                                                             review voucher may either use the                     months after the receipt or filing date,
     Fee for Using a Tropical Disease                        voucher with a future submission to                   depending on the type of application.
     Priority Review Voucher in Fiscal Year                  FDA under section 505(b)(1) of the                    Under the PDUFA goals letter, FDA has
     2018                                                    FD&C Act (21 U.S.C. 355(b)(1)) or                     committed to reviewing and acting on
                                                             section 351 of the Public Health Service              90 percent of the applications granted
     AGENCY:    Food and Drug Administration,                Act (42 U.S.C. 262), or transfer                      priority review status within this
     HHS.                                                    (including by sale) the voucher to                    expedited timeframe. Normally, an
     ACTION:   Notice.                                       another party. The voucher may be                     application for a human drug or
                                                             transferred (including by sale)                       biological product will qualify for
     SUMMARY:    The Food and Drug
                                                             repeatedly until it ultimately is used for            priority review if the product is
     Administration (FDA or the Agency) is
                                                             a human drug application submitted to                 intended to treat a serious condition
     announcing the fee rates for using a
                                                             FDA under section 505(b)(1) of the                    and, if approved, would provide a
     tropical disease priority review voucher
                                                             FD&C Act or section 351(a) of the Public              significant improvement in safety or
     for fiscal year (FY) 2018. The Federal
                                                             Health Service Act. A priority review is              effectiveness. An application that does
     Food, Drug, and Cosmetic Act (the
                                                             a review conducted with a Prescription                not receive a priority designation will
     FD&C Act), as amended by the Food and
                                                             Drug User Fee Act (PDUFA) goal date of                receive a standard review. Under the
     Drug Administration Amendments Act
                                                             6 months after the receipt or filing date,            PDUFA goals letter, FDA committed to
     of 2007 (FDAAA), authorizes FDA to
                                                             depending upon the type of application.               reviewing and acting on 90 percent of
     determine and collect priority review
                                                             Information regarding the PDUFA goals                 standard applications within 10 months
     user fees for certain applications for
                                                             is available at: http://www.fda.gov/                  of the receipt or filing date, depending
     approval of drug or biological products
                                                             downloads/forindustry/userfees/                       on the type of application. A priority
     when those applications use a tropical
                                                             prescriptiondruguserfee/                              review involves a more intensive level
     disease priority review voucher
                                                             ucm511438.pdf.                                        of effort and a higher level of resources
     awarded by the Secretary of Health and
                                                                The applicant that uses a priority                 than a standard review.
     Human Services. These vouchers are                                                                               FDA is setting fees for FY 2018, and
                                                             review voucher is entitled to a priority
     awarded to the sponsors of certain                                                                            the previous fiscal year is FY 2017.
                                                             review but must pay FDA a priority
     tropical disease product applications,                                                                        However, the FY 2017 submission
                                                             review user fee in addition to any other
     submitted after September 27, 2007,                     fee required by PDUFA. FDA published                  cohort has not been closed out yet, and
     upon FDA approval of such                               guidance on its Web site about how this               the cost data for FY 2017 are not
     applications. The amount of the fee                     tropical disease priority review voucher              complete. The latest year for which FDA
     submitted to FDA with applications                      program operates (available at: http://               has complete cost data is FY 2016.
     using a tropical disease priority review                www.fda.gov/downloads/Drugs/                          Furthermore, because FDA has never
     voucher is determined each fiscal year                  GuidanceComplianceRegulatory                          tracked the cost of reviewing
     based on the difference between the                     Information/Guidances/                                applications that get priority review as
     average cost incurred by FDA in the                     ucm080599.pdf).                                       a separate cost subset, FDA estimated
     review of a human drug application                         This notice establishes the tropical               this cost based on other data that the
     subject to priority review in the                       disease priority review fee rate for FY               Agency has tracked. FDA uses data that
     previous fiscal year, and the average                   2018 as $2,830,579 and outlines FDA’s                 the Agency estimates and publishes on
     cost incurred in the review of an                       process for implementing the collection               its Web site each year—standard costs
     application that is not subject to priority             of the priority review user fees. This rate           for review. FDA does not publish a
     review in the previous fiscal year. This                is effective on October 1, 2017, and will             standard cost for ‘‘the review of a
     notice establishes the tropical disease                 remain in effect through September 30,                human drug application subject to
     priority review fee rate for FY 2018.                   2018, for applications submitted with a               priority review in the previous fiscal
     FOR FURTHER INFORMATION CONTACT:                        tropical disease priority review voucher.             year.’’ However, we expect all such
     Robert J. Marcarelli, Office of Financial               The payment of this priority review user              applications would contain clinical
     Management, Food and Drug                               fee is required in addition to the                    data. The standard cost application
     Administration, 8455 Colesville Rd.,                    payment of any other fee that would                   categories with clinical data that FDA
     COLE–14202F, Silver Spring, MD                          normally apply to such an application                 does publish each year are: (1) New
     20993–0002, 301–796–7223.                               under PDUFA before FDA will consider                  drug applications (NDAs) for a new
     SUPPLEMENTARY INFORMATION:                              the application complete and acceptable               molecular entity (NME) with clinical
                                                             for filing.                                           data and (2) biologics license
     I. Background                                                                                                 applications (BLAs).
        Section 1102 of FDAAA (Pub. L. 110–                  II. Tropical Disease Priority Review                     The worksheets for standard costs for
     85) added section 524 to the FD&C Act                   User Fee for FY 2018                                  FY 2016, show a standard cost (rounded
     (21 U.S.C. 360n). In section 524,                          FDA interprets section 524(c)(2) of the            to the nearest hundred dollars) of
     Congress encouraged development of                      FD&C Act as requiring that FDA                        $5,929,100 for a NME NDA and
     new drug and biological products for                    determine the amount of the tropical                  $4,887,100 for a BLA. Based on these
     prevention and treatment of certain                     disease priority review user fee each                 standard costs, the total cost to review
     tropical diseases by offering additional                fiscal year based on the difference                   the 49 applications in these two
     incentives for obtaining FDA approval                   between the average cost incurred by                  categories in FY 2016 (27 NME NDAs
     of such products. Under section 524, the                FDA in the review of a human drug                     with clinical data and 22 BLAs) was
     sponsor of an eligible human drug                       application subject to priority review in             $267,601,900. (Note: These numbers
     application submitted after September                   the previous fiscal year, and the average             exclude the President’s Emergency Plan
     27, 2007, for a tropical disease (as                    cost incurred by FDA in the review of                 for AIDS Relief NDAs; no


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                              Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices                                                45297

     investigational new drug review costs                   (23 a × 1.67) + (26 a) = $267,601,900                 That adjustment, published in the
     are included in this amount.) Twenty-                   where ‘‘a’’ is the cost of a standard                 Federal Register on July 28, 2016 (see
     three of these applications (14 NDAs                    review and ‘‘a times 1.67’’ is the cost of            81 FR 49674 at 49676), setting FY 2018
     and 9 BLAs) received priority review,                   a priority review. Using this formula,                PDUFA fees, is 1.6868 percent for the
     which would mean that the remaining                     the cost of a standard review for NME                 most recent year, not compounded.
     26 received standard reviews. Because a                 NDAs and BLAs is calculated to be                     Increasing the FY 2016 incremental
     priority review compresses a review that                $4,154,664 (rounded to the nearest                    priority review cost of $2,783,625 by
     ordinarily takes 10 months into 6                       dollar) and the cost of a priority review             1.6868 percent (or 0.016868) results in
     months, FDA estimates that a multiplier                 for NME NDAs and BLAs is 1.67 times                   an estimated cost of $2,830,579
     of 1.67 (10 months divided by 6 months)                 that amount, or $6,938,289 (rounded to                (rounded to the nearest dollar). This is
     should be applied to non-priority                       the nearest dollar). The difference
                                                                                                                   the tropical disease priority review user
     review costs in estimating the effort and               between these two cost estimates, or
                                                                                                                   fee amount for FY 2018 that must be
     cost of a priority review as compared to                $2,783,625, represents the incremental
     a standard review. This multiplier is                                                                         submitted with a priority review
                                                             cost of conducting a priority review
     consistent with published research on                                                                         voucher for a human drug application in
                                                             rather than a standard review.
     this subject which supports a priority                    For the FY 2018 fee, FDA will need                  FY 2018, in addition to any PDUFA fee
     review multiplier in the range of 1.48 to               to adjust the FY 2016 incremental cost                that is required for such an application.
     2.35 (Ref. 1). Using FY 2016 figures, the               by the average amount by which FDA’s                  III. Fee Schedule for FY 2018
     costs of a priority and standard review                 average costs increased in the 3 years
     are estimated using the following                       prior to FY 2017, to adjust the FY 2016                 The fee rate for FY 2018 is set out in
     formula:                                                amount for cost increases in FY 2017.                 table 1:

                                     TABLE 1—TROPICAL DISEASE PRIORITY REVIEW SCHEDULE FOR FY 2018
                                                                                                                                                      Fee rate for
                                                                      Fee category                                                                     FY 2018

     Application submitted with a tropical disease priority review voucher in addition to the normal PDUFA fee ....................................   $2,830,579



     IV. Implementation of Tropical Disease                  U.S. currency by electronic check,                    Administration, P.O. Box 979107, St.
     Priority Review User Fee                                check, bank draft, wire transfer, credit              Louis, MO 63197–9000.
                                                             card, or U.S. postal money order                         If checks are sent by a courier that
        Under section 524(c)(4)(A) of the                    payable to the order of the Food and                  requests a street address, the courier can
     FD&C Act, the priority review user fee                  Drug Administration. The preferred                    deliver the checks to: U.S. Bank,
     is due upon submission of a human                       payment method is online using                        Attention: Government Lockbox 979107,
     drug application for which the priority                 electronic check (Automated Clearing                  1005 Convention Plaza, St. Louis, MO
     review voucher is used. Section                                                                               63101. (Note: This U.S. Bank address is
                                                             House (ACH) also known as eCheck).
     524(c)(4)(B) of the FD&C Act specifies                                                                        for courier delivery only.) If you have
                                                             Secure electronic payments can be
     that the application will be considered                                                                       any questions concerning courier
                                                             submitted using the User Fees Payment
     incomplete if the priority review user                                                                        delivery, contact the U.S. Bank at 314–
                                                             Portal at https://userfees.fda.gov/pay.
     fee and all other applicable user fees are                                                                    418–4013. (This telephone number is
                                                             (NOTE: Only full payments are accepted.
     not paid in accordance with FDA                                                                               only for questions about courier
                                                             No partial payments can be made
     payment procedures. In addition, FDA                                                                          delivery). The FDA post office box
                                                             online). Once you search for your
     may not grant a waiver, exemption,                                                                            number (P.O. Box 979107) must be
                                                             invoice, select ‘‘Pay Now’’ to be
     reduction, or refund of any fees due and                                                                      written on the check. If needed, FDA’s
                                                             redirected to Pay.gov. Note that
     payable under section 524 of the FD&C                                                                         tax identification number is 53–
     Act (see section 524(c)(4)(C)) and FDA                  electronic payment options are based on
                                                             the balance due. Payment by credit card               0196965.
     may not collect priority review voucher                                                                          If paying by wire transfer, please
     fees ‘‘except to the extent provided in                 is available for balances that are less
                                                             than $25,000. If the balance exceeds this             reference your unique user fee ID
     advance in appropriation Acts.’’                                                                              number when completing your transfer.
     (Section 524(c)(5)(B) of the FD&C Act.)                 amount, only the ACH option is
                                                             available. Payments should be made                    The originating financial institution
     Beginning with FDA’s appropriation for                                                                        may charge a wire transfer fee. If the
     FY 2009, the annual appropriation                       using U.S bank accounts as well as U.S.
                                                             credit cards.                                         financial institution charges a wire
     language states specifically that                                                                             transfer fee, it is required to add that
     ‘‘priority review user fees authorized by                  FDA has partnered with the U.S.                    amount to the payment to ensure that
     21 U.S.C. 360n [i.e., section 524 of the                Department of the Treasury to use                     the invoice is paid in full. The account
     FD&C Act] may be credited to this                       Pay.gov, a web-based payment                          information is as follows: U.S. Dept. of
     account, to remain available until                      application, for online electronic                    Treasury, TREAS NYC, 33 Liberty St.,
     expended.’’ (Pub. L. 111–8, Section 5,                  payment. The Pay.gov feature is                       New York, NY 10045, Account Number:
     Division A, Title VI).                                  available on the FDA Web site after the               75060099, Routing Number: 021030004,
        The tropical disease priority review                 user fee ID number is generated.                      SWIFT: FRNYUS33, Beneficiary: FDA,
     fee established in the new fee schedule                    If paying with a paper check the user              8455 Colesville Rd., 14th Floor, Silver
     must be paid for any application that is                fee identification (ID) number should be              Spring, MD 20993–0002.
     received on or after October 1, 2017, and               included on the check, followed by the
     submitted with a priority review                        words ‘‘Tropical Disease Priority                     V. Reference
     voucher. This fee must be paid in                       Review.’’ All paper checks should be in                 The following reference is on display
     addition to any other fee due under                     U.S. currency from a U.S. bank made                   in the Dockets Management Staff (HFA–
     PDUFA. Payment should be made in                        payable and mailed to: Food and Drug                  305), Food and Drug Administration,


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     45298                     Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

     5630 Fishers Lane, Rm. 1061, Rockville,                 upcoming vacancies effective with this                the panels listed in the table in this
     MD 20852, and is available for viewing                  notice.                                               document.
     by interested persons between 9 a.m.                    DATES: Any industry organization                      I. Medical Devices Advisory Committee
     and 4 p.m., Monday through Friday.                      interested in participating in the
     1. Ridley, D.B., H.G. Grabowski, and J.L. Moe,          selection of an appropriate nonvoting                    The Committee reviews and evaluates
          ‘‘Developing Drugs for Developing                  member to represent industry interests                data on the safety and effectiveness of
          Countries,’’ Health Affairs, vol. 25, no. 2,       must send a letter stating that interest to           marketed and investigational devices
          pp. 313–324, 2006.                                 the FDA by October 30, 2017 (see                      and makes recommendations for their
       Dated: September 22, 2017.                            sections I and II of this document for                regulation. The panels engage in a
                                                             further details). Concurrently,                       number of activities to fulfill the
     Anna K. Abram,
                                                             nomination materials for prospective                  functions the Federal Food, Drug, and
     Deputy Commissioner for Policy, Planning,
                                                             candidates should be sent to FDA by                   Cosmetic Act (the FD&C Act) envisions
     Legislation, and Analysis.
                                                             October 30, 2017.                                     for device advisory panels. With the
     [FR Doc. 2017–20799 Filed 9–27–17; 8:45 am]
                                                             ADDRESSES: All statements of interest                 exception of the Medical Devices
     BILLING CODE 4164–01–P
                                                             from industry organizations interested                Dispute Resolution Panel, each panel,
                                                             in participating in the selection process             according to its specialty area, advises
                                                             of nonvoting industry representative                  the Commissioner of Food and Drugs
     DEPARTMENT OF HEALTH AND
                                                             nomination should be sent to Margaret                 (the Commissioner) regarding
     HUMAN SERVICES
                                                             Ames (see FOR FURTHER INFORMATION                     recommended classification or
     Food and Drug Administration                            CONTACT). All nominations for                         reclassification of devices into one of
                                                             nonvoting industry representatives                    three regulatory categories; advises on
                                                             should be submitted electronically by                 any possible risks to health associated
     [Docket No. FDA–2017–N–0001]
                                                             accessing the FDA Advisory Committee                  with the use of devices; advises on
     Request for Nominations on Public                       Membership Nomination Portal: https://                formulation of product development
     Advisory Panels of the Medical                          www.accessdata.fda.gov/scripts/FACT                   protocols; reviews premarket approval
     Devices Advisory Committee                              RSPortal/FACTRS/index.cfm or by mail                  applications for medical devices;
                                                             to Advisory Committee Oversight and                   reviews guidelines and guidance
     AGENCY:    Food and Drug Administration,                Management Staff, Food and Drug                       documents; recommends exemption of
     HHS.                                                    Administration, 10903 New Hampshire                   certain devices from the application of
     ACTION:   Notice.                                       Ave., Bldg. 32, Rm. 5103, Silver Spring,              portions of the FD&C Act; advises on the
                                                             MD 20993–0002. Information about                      necessity to ban a device; and responds
     SUMMARY:   The Food and Drug                            becoming a member of an FDA advisory                  to requests from the agency to review
     Administration (FDA) is requesting that                 committee can also be obtained by                     and make recommendations on specific
     any industry organizations interested in                visiting FDA’s Web site at https://                   issues or problems concerning the safety
     participating in the selection of                       www.fda.gov/AdvisoryCommittees/                       and effectiveness of devices. With the
     nonvoting industry representatives to                   default.htm.                                          exception of the Medical Devices
     serve on certain panels of the Medical                                                                        Dispute Resolution Panel, each panel,
     Devices Advisory Committee (MDAC or                     FOR FURTHER INFORMATION CONTACT:                      according to its specialty area, may also
     Committee) in the Center for Devices                    Margaret Ames, Division of Workforce                  make appropriate recommendations to
     and Radiological Health (CDRH) notify                   Management, Center for Devices and                    the Commissioner on issues relating to
     FDA in writing. FDA is also requesting                  Radiological Health, Food and Drug                    the design of clinical studies regarding
     nominations for nonvoting industry                      Administration, 10903 New Hampshire                   the safety and effectiveness of marketed
     representatives to serve on certain                     Ave., Bldg. 66, Rm. 5264, Silver Spring,              and investigational devices. The
     device panels of the MDAC in the                        MD 20993, 301–796–5960, Fax: 301–                     Committee also provides
     CDRH. A nominee may either be self-                     847–8505, email: margaret.ames@                       recommendations to the Commissioner
     nominated or nominated by an                            fda.hhs.gov.                                          or designee on complexity
     organization to serve as a nonvoting                    SUPPLEMENTARY INFORMATION: The                        categorization of in vitro diagnostics
     industry representative. Nominations                    Agency is requesting nominations for                  under the Clinical Laboratory
     will be accepted for current and                        nonvoting industry representatives to                 Improvement Amendments of 1988.

                      Panels                                                                            Function

     Circulatory System Devices Panel           Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational de-
                                                  vices for use in the circulatory and vascular systems and makes appropriate recommendations to the
                                                  Commissioner of Food and Drugs.
     Clinical Chemistry and Clinical            Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational in
       Toxicology Devices Panel.                  vitro devices for use in clinical laboratory medicine including clinical toxicology, clinical chemistry, endo-
                                                  crinology, and oncology and makes appropriate recommendations to the Commissioner of Food and
                                                  Drugs.
     Gastroenterology and Urology De-           Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational gas-
      vices Panel.                                troenterology, urology, and nephrology devices and makes appropriate recommendations to the Com-
                                                  missioner of Food and Drugs.
     General Hospital and Personal Use          Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational gen-
      Devices Panel.                              eral hospital, infection control, and personal use devices and makes appropriate recommendations to the
                                                  Commissioner of Food and Drugs.
     Obstetrics and Gynecology Devices          Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational de-
      Panel.                                      vices for use in obstetrics and gynecology and makes appropriate recommendations to the Commis-
                                                  sioner of Food and Drugs.




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Document Created: 2017-09-28 01:32:34
Document Modified: 2017-09-28 01:32:34
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 45296 

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