82_FR_46695 82 FR 46503 - Animal Drug User Fee Act; Public Meeting; Request for Comments

82 FR 46503 - Animal Drug User Fee Act; Public Meeting; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 192 (October 5, 2017)

Page Range46503-46505
FR Document2017-21439

The Food and Drug Administration (FDA, the Agency, or we) is announcing a forthcoming public meeting entitled ``Animal Drug User Fee Act.'' The topic to be discussed is proposed recommendations for the reauthorization of the Animal Drug User Fee Act (ADUFA IV). The meeting will be open to the public.

Federal Register, Volume 82 Issue 192 (Thursday, October 5, 2017)
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46503-46505]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21439]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0656]


Animal Drug User Fee Act; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
announcing a forthcoming public meeting entitled ``Animal Drug User Fee 
Act.'' The topic to be discussed is proposed recommendations for the 
reauthorization of the Animal Drug User Fee Act (ADUFA IV). The meeting 
will be open to the public.

DATES: The public meeting will be held on November 2, 2017, from 9 a.m. 
to 12 noon. Submit either electronic or written comments on this public 
meeting to the docket by November 17, 2017. See the SUPPLEMENTARY 
INFORMATION section for registration date and information.

ADDRESSES: The public meeting will be held at 7500 Standish Pl., Room 
N149 (first floor), Rockville, MD 20855. Free parking is available 
onsite. Attendees must provide a valid government issued photo ID 
(driver's license, identification card, or passport) to enter the 
facility. Entrance for the public meeting participants (non-FDA 
employees) is through the front of the building where routine security 
check procedures will be performed.
    You may submit comments as follows. Please note that late, untimely 
filed comments will not be considered. Comments must be submitted on or 
before November 17, 2017.\1\ The https://www.regulations.gov electronic 
filing system will accept comments until midnight Eastern Time at the 
end of November 17, 2017. Comments received by mail/hand delivery/
courier (for written/paper submissions) will be considered timely if 
they are postmarked or the delivery service acceptance receipt is on or 
before that date.
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    \1\ This date corrects the comment closing date of December 1, 
2017, stated in the Federal Register notice announcing the initial 
ADUFA reauthorization public meeting held on May 16, 2016 (81 FR 
23313, April 20, 2016).
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Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that

[[Page 46504]]

identifies you in the body of your comments, that information will be 
posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2011-N-0656 for ``Animal Drug User Fee Act; Public Meeting; Request 
for Comments.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management 
Staff. If you do not wish your name and contact information to be made 
publicly available, you can provide this information on the cover sheet 
and not in the body of your comments and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    In addition to being publicly viewable at https://www.regulations.gov, comments will also be published on https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/ucm042891.htm.

FOR FURTHER INFORMATION CONTACT: Cassie Ravo, Center for Veterinary 
Medicine (HFV-10), Food and Drug Administration, 7500 Standish Pl., 
Rockville, MD 20855, 240-402-6866, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a public meeting to discuss proposed 
recommendations for the reauthorization of ADUFA, which authorizes FDA 
to collect user fees and use them for the process of reviewing new 
animal drug applications and associated submissions. The authority for 
ADUFA expires September 30, 2018. Without new legislation, FDA will no 
longer have the authority to collect user fees to fund the new animal 
drug review process for future fiscal years. Section 740A(d)(4) of the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 379j-
13(d)(4)) requires that, after holding negotiations with regulated 
industry and periodic consultations with stakeholder, and before 
transmitting the Agency's final recommendation to Congress for the 
reauthorized program (ADUFA IV), we do the following: (1) Present the 
recommendation to the relevant Congressional committees, (2) publish 
such recommendations in the Federal Register, (3) provide for a period 
of 30 days for the public to provide written comments on such 
recommendations, (4) hold a meeting at which the public may present its 
views on such recommendations, and (5) consider such public views and 
comments and revise such recommendations as necessary. This notice, the 
30-day comment period, and the public meeting will satisfy certain of 
these requirements. After the public meeting, we will revise the draft 
recommendations as necessary. In addition, the Agency will present the 
draft recommendations to the Congressional committees.
    FDA considers the timely review of the safety and effectiveness of 
new animal drug applications (NADAs) to be central to the Agency's 
mission to protect and promote human and animal health. Prior to 2004, 
the timeliness and predictability of the new animal drug review program 
was a concern. The Animal Drug User Fee Act enacted in 2003 (Pub. L. 
108-130; hereinafter referred to as ``ADUFA I'') authorized FDA to 
collect user fees dedicated to the timely review of new animal drug 
applications in accordance with certain performance goals and to expand 
and modernize the new animal drug review program. The Agency agreed, 
under ADUFA I, to meet a comprehensive set of performance goals 
established to show significant improvement in the timeliness and 
predictability of the new animal drug review process. The 
implementation of ADUFA I provided a significant funding increase that 
enabled FDA to increase the number of staff dedicated to the new animal 
drug application review process by 30 percent in ADUFA I.
    In 2008, before ADUFA I expired, Congress passed the Animal Drug 
User Fee Amendments of 2008 (Pub. L. 110-316; hereinafter referred to 
as ``ADUFA II'') which included an extension of ADUFA for an additional 
5 years (fiscal year (FY) 2009 through FY 2013). ADUFA II performance 
goals were established based on ADUFA I FY 2008 review time frames. In 
addition, FDA provided program enhancements to reduce review cycles and 
improve communications during reviews. The ADUFA programs have enabled 
FDA to meet performance timeframes for application review for new 
animal drugs without compromising the quality of the Agency's review.
    In 2013, Congress passed the Animal Drug and Animal Generic Drug 
User Fee Reauthorization Act of 2013, reauthorizing ADUFA (Pub. L. 113-
14; hereinafter referred to as ``ADUFA III''). ADUFA II was set to 
expire September 30, 2013, and the new reauthorization extends ADUFA 
until 2018.
    ADUFA III reauthorization maintained the FY 2013 review timeframes 
for key submissions in addition to enhancements to the program. 
Enhancements included: Replacing the End Review Amendment with a short, 
second-round review; reducing time for microbial food safety hazard 
characterization submissions to

[[Page 46505]]

100 days; and adding a variable inflation adjuster to account for 
changes in the Center for Veterinary Medicine's costs using the 
Consumer Price Index as a guide. Also, the proportion of revenue 
collected from fees was redistributed as follows: Application fees from 
25 percent to 20 percent; product fees from 25 percent to 27 percent; 
establishment fees from 25 percent to 26 percent; and sponsor fees from 
25 percent to 27 percent.
    Additionally, there were chemistry, manufacturing, and controls 
(CMC) enhancements, including: Permitting the manufacturing supplements 
to be resubmitted as ``Supplement-Changes Being Effected in 30 Days'' 
if deficiencies are not substantial for manufacturing supplements 
requiring prior approval according to 21 CFR 514.8(b); permitting 
comparability protocols as described in 21 CFR 514.8(b)(2)(v) to be 
submitted as protocols without substantial data in an investigational 
new animal drug (INAD) file; and developing guidance for a two-phased 
CMC technical section submission and review process under the INAD 
file. The Agency agreed to explore the feasibility of pursuing expanded 
conditional approvals and of modifying the current requirement that the 
use of multiple new animal drugs in the same medicated feed 
(combination medicated feed) be subject to an approved application. The 
reauthorization of ADUFA is targeted to generate $114,000,000 in user 
fees over 5 years (FY 2014 through FY 2018).
    FDA has published a number of reports that provide useful 
background on ADUFA I, II, and III. ADUFA-related Federal Register 
notices, guidances, legislation, performance reports, and financial 
reports can be found at: https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm.

II. Topics for Discussion at the Public Meeting

    In preparing the proposed recommendations to Congress for ADUFA 
reauthorization (ADUFA IV), we have conducted discussions with the 
regulated industry, and we have consulted with stakeholders as required 
by the law. We began the ADUFA reauthorization process with a public 
meeting held on May 16, 2016 (81 FR 23313, April 20, 2016). Following 
the May 2016 public meeting, FDA conducted negotiations with regulated 
industry and continued regular consultations with public stakeholders 
from October 2016 through April 2017. As directed by Congress, FDA 
posted minutes of these discussions on its Web site at https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/ucm042891.htm.
    The proposed enhancements from ADUFA IV address many of the top 
priorities identified by public stakeholders, the top concerns 
identified by regulated industry, and the most important challenges 
identified within FDA. The full descriptions of these proposed 
recommendations can be found in the proposed ADUFA IV Performance Goals 
and Procedures Letter. FDA intends to publish in the Federal Register 
the full text of the proposed ADUFA IV Performance Goals and Procedures 
Letter and a summary of proposed statutory changes, as well as post 
them at https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm before the public meeting and 
will provide for a period of 30 days for the public to provide written 
comments.
    FDA will post the agenda approximately 5 days before the meeting at 
https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm.

III. Participating in the Public Meeting

    Registration: To register for the public meeting, please contact 
Cassie Ravo (see FOR FURTHER INFORMATION CONTACT). Please provide 
complete contact information for each attendee, including name, title, 
affiliation, address, email, and telephone. Also, please self-identify 
as a member of one of the following stakeholder categories: Scientific 
or academic experts; veterinary professionals; patients and consumer 
advocacy groups; or the regulated industry, and whether you are 
requesting a scheduled presentation.
    Registration is free and based on space availability, with priority 
given to early registrants. Persons interested in attending this public 
meeting must register by October 26, 2017, midnight Eastern Time. Early 
registration is recommended because seating is limited; therefore, FDA 
may limit the number of participants from each organization. 
Registrants will receive confirmation when they have been accepted. If 
time and space permit, onsite registration on the day of the public 
meeting will be provided beginning at 8:30 a.m. We will let registrants 
know if registration closes before the day of the public meeting. If 
you need special accommodations due to a disability, please contact 
Cassie Ravo (see FOR FURTHER INFORMATION CONTACT) no later than October 
26, 2017.
    Requests for Oral Presentations: When registering, you may indicate 
if you wish to present during a public comment session or participate 
in a specific session, and which topic(s) you wish to address. We will 
do our best to accommodate requests to make public comments. 
Individuals and organizations with common interests are urged to 
consolidate or coordinate their presentations, and request time for a 
joint presentation, or submit requests for designated representatives 
to participate in the focused sessions. Following the close of 
registration, we will determine the amount of time allotted to each 
presenter and the approximate time each oral presentation is to begin, 
and will select and notify participants by October 27, 2017. All 
requests to make oral presentations must be received by the close of 
registration on October 26, 2017. If selected for presentation, any 
presentation materials must be emailed to the Cassie Ravo (see FOR 
FURTHER INFORMATION CONTACT) no later than October 31, 2017. No 
commercial or promotional material will be permitted to be presented or 
distributed at the public meeting.
    Streaming Webcast of the public meeting: This public meeting will 
also be webcast.
    Event: ADUFA IV Public Meeting. Event address for attendees: 
https://fda.webex.com/fda/onstage/g.php?MTID=e9adcd215b7dba5d99361b002663e51fe. Date and time: Thursday, 
November 2, 2017, 9 a.m. Eastern Daylight Time (New York, GMT-4). 
Duration: 3 hours. Event number: 812 395 634. Event password: 110217. 
Teleconference: Provide your number when you join the event to receive 
a call back. (1) Call one of the following numbers: Local: 1-301-796-
7777; toll free: 1-855-828-1770. (2) Follow the instructions that you 
hear on the phone. Cisco Unified MeetingPlace meeting ID: 812 395 634.
    FDA has verified the Web site addresses in this document, as of the 
date this document publishes in the Federal Register, but Web sites are 
subject to change over time.
    Transcripts: Please be advised that as soon as a transcript of the 
public meeting is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff 
(see ADDRESSES). A link to the transcript will also be available on the 
internet at: https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/ucm042891.htm.

    Dated: September 29, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-21439 Filed 10-4-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                                  46503

                                               permission to market the drug product.                    This determination of the regulatory                meeting entitled ‘‘Animal Drug User Fee
                                               Although only a portion of a regulatory                 review period establishes the maximum                 Act.’’ The topic to be discussed is
                                               review period may count toward the                      potential length of a patent extension.               proposed recommendations for the
                                               actual amount of extension that the                     However, the USPTO applies several                    reauthorization of the Animal Drug User
                                               Director of USPTO may award (for                        statutory limitations in its calculations             Fee Act (ADUFA IV). The meeting will
                                               example, half the testing phase must be                 of the actual period for patent extension.            be open to the public.
                                               subtracted as well as any time that may                 In its applications for patent extension,             DATES: The public meeting will be held
                                               have occurred before the patent was                     this applicant seeks 1,438 days, 1,144                on November 2, 2017, from 9 a.m. to 12
                                               issued), FDA’s determination of the                     days, 811 days, or 654 days of patent                 noon. Submit either electronic or
                                               length of a regulatory review period for                term extension.                                       written comments on this public
                                               a human drug product will include all                   III. Petitions                                        meeting to the docket by November 17,
                                               of the testing phase and approval phase                                                                       2017. See the SUPPLEMENTARY
                                               as specified in 35 U.S.C. 156(g)(1)(B).                    Anyone with knowledge that any of                  INFORMATION section for registration date
                                                  FDA has approved for marketing the                   the dates as published are incorrect may
                                                                                                                                                             and information.
                                               human drug product TECFIDERA                            submit either electronic or written
                                                                                                                                                             ADDRESSES: The public meeting will be
                                               (dimethyl fumarate). TECFIDERA is                       comments and, under 21 CFR 60.24, ask
                                                                                                       for a redetermination (see DATES).                    held at 7500 Standish Pl., Room N149
                                               indicated for treatment of patients with                                                                      (first floor), Rockville, MD 20855. Free
                                               relapsing forms of multiple sclerosis.                  Furthermore, as specified in § 60.30 (21
                                                                                                       CFR 60.30), any interested person may                 parking is available onsite. Attendees
                                               Subsequent to this approval, the USPTO                                                                        must provide a valid government issued
                                               received patent term restoration                        petition FDA for a determination
                                                                                                       regarding whether the applicant for                   photo ID (driver’s license, identification
                                               applications for TECFIDERA (U.S.                                                                              card, or passport) to enter the facility.
                                               Patent Nos. 6,509,376; 7,320,999;                       extension acted with due diligence
                                                                                                       during the regulatory review period. To               Entrance for the public meeting
                                               7,619,001; and 7,803,840) from Biogen                                                                         participants (non-FDA employees) is
                                               Idec International GmbH, and the                        meet its burden, the petition must
                                                                                                       comply with all the requirements of                   through the front of the building where
                                               USPTO requested FDA’s assistance in                                                                           routine security check procedures will
                                               determining the patents’ eligibility for                § 60.30, including but not limited to:
                                                                                                       Must be timely (see DATES), must be                   be performed.
                                               patent term restoration. In a letter dated                                                                       You may submit comments as
                                               November 4, 2015, FDA advised the                       filed in accordance with § 10.20, must
                                                                                                       contain sufficient facts to merit an FDA              follows. Please note that late, untimely
                                               USPTO that this human drug product                                                                            filed comments will not be considered.
                                               had undergone a regulatory review                       investigation, and must certify that a
                                                                                                       true and complete copy of the petition                Comments must be submitted on or
                                               period and that the approval of                                                                               before November 17, 2017.1 The https://
                                               TECFIDERA represented the first                         has been served upon the patent
                                                                                                       applicant. (See H. Rept. 857, part 1, 98th            www.regulations.gov electronic filing
                                               permitted commercial marketing or use                                                                         system will accept comments until
                                               of the product. Thereafter, the USPTO                   Cong., 2d sess., pp. 41–42, 1984.)
                                                                                                       Petitions should be in the format                     midnight Eastern Time at the end of
                                               requested that FDA determine the                                                                              November 17, 2017. Comments received
                                               product’s regulatory review period.                     specified in 21 CFR 10.30.
                                                                                                          Submit petitions electronically to                 by mail/hand delivery/courier (for
                                               II. Determination of Regulatory Review                  https://www.regulations.gov at Docket                 written/paper submissions) will be
                                               Period                                                  No. FDA–2013–S–0610. Submit written                   considered timely if they are
                                                                                                       petitions (two copies are required) to the            postmarked or the delivery service
                                                  FDA has determined that the                                                                                acceptance receipt is on or before that
                                               applicable regulatory review period for                 Dockets Management Staff (HFA–305),
                                                                                                       Food and Drug Administration, 5630                    date.
                                               TECFIDERA is 2,480 days. Of this time,
                                               2,085 days occurred during the testing                  Fishers Lane, Rm. 1061, Rockville, MD                 Electronic Submissions
                                               phase and 395 days occurred during the                  20852.
                                                                                                                                                               Submit electronic comments in the
                                               approval phase. These periods of time                     Dated: September 29, 2017.                          following way:
                                               were derived from the following dates:                  Anna K. Abram,                                          • Federal eRulemaking Portal:
                                                  1. The date an exemption under                       Deputy Commissioner for Policy, Planning,             https://www.regulations.gov. Follow the
                                               section 505(i) of the Federal Food, Drug,               Legislation, and Analysis.                            instructions for submitting comments.
                                               and Cosmetic Act (the FD&C Act) (21                     [FR Doc. 2017–21435 Filed 10–4–17; 8:45 am]           Comments submitted electronically,
                                               U.S.C. 355(i)) became effective: June 14,               BILLING CODE 4164–01–P                                including attachments, to https://
                                               2006. FDA has verified the applicant’s                                                                        www.regulations.gov will be posted to
                                               claim that the date the investigational                                                                       the docket unchanged. Because your
                                               new drug application (IND) became                       DEPARTMENT OF HEALTH AND                              comment will be made public, you are
                                               effective was on June 14, 2006.                         HUMAN SERVICES                                        solely responsible for ensuring that your
                                                  2. The date the application was                                                                            comment does not include any
                                               initially submitted with respect to the                 Food and Drug Administration                          confidential information that you or a
                                               human drug product under section                        [Docket No. FDA–2011–N–0656]                          third party may not wish to be posted,
                                               505(b) of the FD&C Act: February 27,                                                                          such as medical information, your or
                                               2012. FDA has verified the applicant’s                  Animal Drug User Fee Act; Public                      anyone else’s Social Security number, or
                                               claim that the new drug application                     Meeting; Request for Comments                         confidential business information, such
                                               (NDA) for TECFIDERA (NDA 204063)                        AGENCY:    Food and Drug Administration,              as a manufacturing process. Please note
ethrower on DSK3G9T082PROD with NOTICES




                                               was initially submitted on February 27,                 HHS.                                                  that if you include your name, contact
                                               2012.                                                                                                         information, or other information that
                                                                                                       ACTION: Notice of public meeting;
                                                  3. The date the application was                      request for comments.                                   1 This date corrects the comment closing date of
                                               approved: March 27, 2013. FDA has
                                                                                                                                                             December 1, 2017, stated in the Federal Register
                                               verified the applicant’s claims that NDA                SUMMARY:  The Food and Drug                           notice announcing the initial ADUFA
                                               204063 was approved on March 27,                        Administration (FDA, the Agency, or                   reauthorization public meeting held on May 16,
                                               2013.                                                   we) is announcing a forthcoming public                2016 (81 FR 23313, April 20, 2016).



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                                               46504                        Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices

                                               identifies you in the body of your                      and other applicable disclosure law. For              certain of these requirements. After the
                                               comments, that information will be                      more information about FDA’s posting                  public meeting, we will revise the draft
                                               posted on https://www.regulations.gov.                  of comments to public dockets, see 80                 recommendations as necessary. In
                                                 • If you want to submit a comment                     FR 56469, September 18, 2015, or access               addition, the Agency will present the
                                               with confidential information that you                  the information at: https://www.gpo.gov/              draft recommendations to the
                                               do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-                     Congressional committees.
                                               public, submit the comment as a                         23389.pdf.                                               FDA considers the timely review of
                                               written/paper submission and in the                        Docket: For access to the docket to                the safety and effectiveness of new
                                               manner detailed (see ‘‘Written/Paper                    read background documents or the                      animal drug applications (NADAs) to be
                                               Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                 central to the Agency’s mission to
                                                                                                       received, go to https://                              protect and promote human and animal
                                               Written/Paper Submissions
                                                                                                       www.regulations.gov and insert the                    health. Prior to 2004, the timeliness and
                                                  Submit written/paper submissions as                  docket number, found in brackets in the               predictability of the new animal drug
                                               follows:                                                heading of this document, into the                    review program was a concern. The
                                                  • Mail/Hand delivery/Courier (for                    ‘‘Search’’ box and follow the prompts                 Animal Drug User Fee Act enacted in
                                               written/paper submissions): Dockets                     and/or go to the Dockets Management                   2003 (Pub. L. 108–130; hereinafter
                                               Management Staff (HFA–305), Food and                    Staff, 5630 Fishers Lane, Rm. 1061,                   referred to as ‘‘ADUFA I’’) authorized
                                               Drug Administration, 5630 Fishers                       Rockville, MD 20852.                                  FDA to collect user fees dedicated to the
                                               Lane, Rm. 1061, Rockville, MD 20852.                       In addition to being publicly viewable             timely review of new animal drug
                                                  • For written/paper comments                         at https://www.regulations.gov,                       applications in accordance with certain
                                               submitted to the Dockets Management                                                                           performance goals and to expand and
                                                                                                       comments will also be published on
                                               Staff, FDA will post your comment, as                                                                         modernize the new animal drug review
                                                                                                       https://www.fda.gov/ForIndustry/User
                                               well as any attachments, except for                                                                           program. The Agency agreed, under
                                                                                                       Fees/AnimalDrugUserFeeActADUFA/
                                               information submitted, marked and                                                                             ADUFA I, to meet a comprehensive set
                                                                                                       ucm042891.htm.
                                               identified, as confidential, if submitted                                                                     of performance goals established to
                                               as detailed in ‘‘Instructions.’’                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             show significant improvement in the
                                                  Instructions: All submissions received               Cassie Ravo, Center for Veterinary                    timeliness and predictability of the new
                                               must include the Docket No. FDA–                        Medicine (HFV–10), Food and Drug                      animal drug review process. The
                                               2011–N–0656 for ‘‘Animal Drug User                      Administration, 7500 Standish Pl.,                    implementation of ADUFA I provided a
                                               Fee Act; Public Meeting; Request for                    Rockville, MD 20855, 240–402–6866,                    significant funding increase that
                                               Comments.’’ Received comments, those                    cassie.ravo@fda.hhs.gov.                              enabled FDA to increase the number of
                                               filed in a timely manner (see                           SUPPLEMENTARY INFORMATION:                            staff dedicated to the new animal drug
                                               ADDRESSES), will be placed in the docket                                                                      application review process by 30
                                               and, except for those submitted as                      I. Background
                                                                                                                                                             percent in ADUFA I.
                                               ‘‘Confidential Submissions,’’ publicly                     FDA is announcing a public meeting                    In 2008, before ADUFA I expired,
                                               viewable at https://www.regulations.gov                 to discuss proposed recommendations                   Congress passed the Animal Drug User
                                               or at the Dockets Management Staff                      for the reauthorization of ADUFA,                     Fee Amendments of 2008 (Pub. L. 110–
                                               between 9 a.m. and 4 p.m., Monday                       which authorizes FDA to collect user                  316; hereinafter referred to as ‘‘ADUFA
                                               through Friday.                                         fees and use them for the process of                  II’’) which included an extension of
                                                  • Confidential Submissions—To                        reviewing new animal drug applications                ADUFA for an additional 5 years (fiscal
                                               submit a comment with confidential                      and associated submissions. The                       year (FY) 2009 through FY 2013).
                                               information that you do not wish to be                  authority for ADUFA expires September                 ADUFA II performance goals were
                                               made publicly available, submit your                    30, 2018. Without new legislation, FDA                established based on ADUFA I FY 2008
                                               comments only as a written/paper                        will no longer have the authority to                  review time frames. In addition, FDA
                                               submission. You should submit two                       collect user fees to fund the new animal              provided program enhancements to
                                               copies total. One copy will include the                 drug review process for future fiscal                 reduce review cycles and improve
                                               information you claim to be confidential                years. Section 740A(d)(4) of the Federal              communications during reviews. The
                                               with a heading or cover note that states                Food, Drug, and Cosmetic Act (the                     ADUFA programs have enabled FDA to
                                               ‘‘THIS DOCUMENT CONTAINS                                FD&C Act) (21 U.S.C. 379j–13(d)(4))                   meet performance timeframes for
                                               CONFIDENTIAL INFORMATION.’’ The                         requires that, after holding negotiations             application review for new animal drugs
                                               Agency will review this copy, including                 with regulated industry and periodic                  without compromising the quality of the
                                               the claimed confidential information, in                consultations with stakeholder, and                   Agency’s review.
                                               its consideration of comments. The                      before transmitting the Agency’s final                   In 2013, Congress passed the Animal
                                               second copy, which will have the                        recommendation to Congress for the                    Drug and Animal Generic Drug User Fee
                                               claimed confidential information                        reauthorized program (ADUFA IV), we                   Reauthorization Act of 2013,
                                               redacted/blacked out, will be available                 do the following: (1) Present the                     reauthorizing ADUFA (Pub. L. 113–14;
                                               for public viewing and posted on                        recommendation to the relevant                        hereinafter referred to as ‘‘ADUFA III’’).
                                               https://                                                Congressional committees, (2) publish                 ADUFA II was set to expire September
                                               www.regulations.gov. Submit both                        such recommendations in the Federal                   30, 2013, and the new reauthorization
                                               copies to the Dockets Management Staff.                 Register, (3) provide for a period of 30              extends ADUFA until 2018.
                                               If you do not wish your name and                        days for the public to provide written                   ADUFA III reauthorization
                                               contact information to be made publicly                 comments on such recommendations,                     maintained the FY 2013 review
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                                               available, you can provide this                         (4) hold a meeting at which the public                timeframes for key submissions in
                                               information on the cover sheet and not                  may present its views on such                         addition to enhancements to the
                                               in the body of your comments and you                    recommendations, and (5) consider such                program. Enhancements included:
                                               must identify this information as                       public views and comments and revise                  Replacing the End Review Amendment
                                               ‘‘confidential.’’ Any information marked                such recommendations as necessary.                    with a short, second-round review;
                                               as ‘‘confidential’’ will not be disclosed               This notice, the 30-day comment period,               reducing time for microbial food safety
                                               except in accordance with 21 CFR 10.20                  and the public meeting will satisfy                   hazard characterization submissions to


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                                                                            Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Notices                                           46505

                                               100 days; and adding a variable                         site at https://www.fda.gov/ForIndustry/              comment session or participate in a
                                               inflation adjuster to account for changes               UserFees/AnimalDrugUserFee                            specific session, and which topic(s) you
                                               in the Center for Veterinary Medicine’s                 ActADUFA/ucm042891.htm.                               wish to address. We will do our best to
                                               costs using the Consumer Price Index as                    The proposed enhancements from                     accommodate requests to make public
                                               a guide. Also, the proportion of revenue                ADUFA IV address many of the top                      comments. Individuals and
                                               collected from fees was redistributed as                priorities identified by public                       organizations with common interests are
                                               follows: Application fees from 25                       stakeholders, the top concerns                        urged to consolidate or coordinate their
                                               percent to 20 percent; product fees from                identified by regulated industry, and the             presentations, and request time for a
                                               25 percent to 27 percent; establishment                 most important challenges identified                  joint presentation, or submit requests for
                                               fees from 25 percent to 26 percent; and                 within FDA. The full descriptions of                  designated representatives to participate
                                               sponsor fees from 25 percent to 27                      these proposed recommendations can be                 in the focused sessions. Following the
                                               percent.                                                found in the proposed ADUFA IV                        close of registration, we will determine
                                                  Additionally, there were chemistry,                  Performance Goals and Procedures                      the amount of time allotted to each
                                               manufacturing, and controls (CMC)                       Letter. FDA intends to publish in the                 presenter and the approximate time
                                               enhancements, including: Permitting                     Federal Register the full text of the                 each oral presentation is to begin, and
                                               the manufacturing supplements to be                     proposed ADUFA IV Performance Goals                   will select and notify participants by
                                               resubmitted as ‘‘Supplement-Changes                     and Procedures Letter and a summary of                October 27, 2017. All requests to make
                                               Being Effected in 30 Days’’ if                          proposed statutory changes, as well as                oral presentations must be received by
                                               deficiencies are not substantial for                    post them at https://www.fda.gov/                     the close of registration on October 26,
                                               manufacturing supplements requiring                     ForIndustry/UserFees/AnimalDrug                       2017. If selected for presentation, any
                                               prior approval according to 21 CFR                      UserFeeActADUFA/default.htm before                    presentation materials must be emailed
                                               514.8(b); permitting comparability                      the public meeting and will provide for               to the Cassie Ravo (see FOR FURTHER
                                               protocols as described in 21 CFR                        a period of 30 days for the public to                 INFORMATION CONTACT) no later than
                                               514.8(b)(2)(v) to be submitted as                       provide written comments.                             October 31, 2017. No commercial or
                                               protocols without substantial data in an                   FDA will post the agenda                           promotional material will be permitted
                                               investigational new animal drug (INAD)                  approximately 5 days before the meeting               to be presented or distributed at the
                                               file; and developing guidance for a two-                at https://www.fda.gov/ForIndustry/                   public meeting.
                                               phased CMC technical section                            UserFees/AnimalDrugUser                                  Streaming Webcast of the public
                                               submission and review process under                     FeeActADUFA/default.htm.                              meeting: This public meeting will also
                                               the INAD file. The Agency agreed to                     III. Participating in the Public Meeting              be webcast.
                                               explore the feasibility of pursuing                                                                              Event: ADUFA IV Public Meeting.
                                               expanded conditional approvals and of                      Registration: To register for the public
                                                                                                                                                             Event address for attendees: https://
                                               modifying the current requirement that                  meeting, please contact Cassie Ravo (see
                                                                                                                                                             fda.webex.com/fda/onstage/g.php
                                               the use of multiple new animal drugs in                 FOR FURTHER INFORMATION CONTACT).
                                                                                                                                                             ?MTID=e9adcd215b7dba5d99361
                                               the same medicated feed (combination                    Please provide complete contact
                                                                                                                                                             b002663e51fe. Date and time: Thursday,
                                               medicated feed) be subject to an                        information for each attendee, including
                                                                                                                                                             November 2, 2017, 9 a.m. Eastern
                                               approved application. The                               name, title, affiliation, address, email,
                                                                                                                                                             Daylight Time (New York, GMT–4).
                                               reauthorization of ADUFA is targeted to                 and telephone. Also, please self-identify
                                                                                                                                                             Duration: 3 hours. Event number: 812
                                               generate $114,000,000 in user fees over                 as a member of one of the following
                                                                                                                                                             395 634. Event password: 110217.
                                               5 years (FY 2014 through FY 2018).                      stakeholder categories: Scientific or
                                                                                                                                                             Teleconference: Provide your number
                                                  FDA has published a number of                        academic experts; veterinary
                                                                                                                                                             when you join the event to receive a call
                                               reports that provide useful background                  professionals; patients and consumer
                                                                                                                                                             back. (1) Call one of the following
                                               on ADUFA I, II, and III. ADUFA-related                  advocacy groups; or the regulated
                                                                                                                                                             numbers: Local: 1–301–796–7777; toll
                                               Federal Register notices, guidances,                    industry, and whether you are
                                                                                                                                                             free: 1–855–828–1770. (2) Follow the
                                               legislation, performance reports, and                   requesting a scheduled presentation.
                                                                                                          Registration is free and based on                  instructions that you hear on the phone.
                                               financial reports can be found at:                                                                            Cisco Unified MeetingPlace meeting ID:
                                               https://www.fda.gov/ForIndustry/                        space availability, with priority given to
                                                                                                       early registrants. Persons interested in              812 395 634.
                                               UserFees/AnimalDrugUserFeeAct                                                                                    FDA has verified the Web site
                                               ADUFA/default.htm.                                      attending this public meeting must
                                                                                                                                                             addresses in this document, as of the
                                                                                                       register by October 26, 2017, midnight
                                               II. Topics for Discussion at the Public                                                                       date this document publishes in the
                                                                                                       Eastern Time. Early registration is
                                               Meeting                                                                                                       Federal Register, but Web sites are
                                                                                                       recommended because seating is
                                                  In preparing the proposed                                                                                  subject to change over time.
                                                                                                       limited; therefore, FDA may limit the                    Transcripts: Please be advised that as
                                               recommendations to Congress for                         number of participants from each                      soon as a transcript of the public
                                               ADUFA reauthorization (ADUFA IV),                       organization. Registrants will receive                meeting is available, it will be accessible
                                               we have conducted discussions with the                  confirmation when they have been                      at https://www.regulations.gov. It may
                                               regulated industry, and we have                         accepted. If time and space permit,                   be viewed at the Dockets Management
                                               consulted with stakeholders as required                 onsite registration on the day of the                 Staff (see ADDRESSES). A link to the
                                               by the law. We began the ADUFA                          public meeting will be provided                       transcript will also be available on the
                                               reauthorization process with a public                   beginning at 8:30 a.m. We will let                    internet at: https://www.fda.gov/
                                               meeting held on May 16, 2016 (81 FR                     registrants know if registration closes               ForIndustry/UserFees/AnimalDrugUser
                                               23313, April 20, 2016). Following the                   before the day of the public meeting. If
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                                                                                                                                                             FeeActADUFA/ucm042891.htm.
                                               May 2016 public meeting, FDA                            you need special accommodations due
                                               conducted negotiations with regulated                   to a disability, please contact Cassie         Dated: September 29, 2017.
                                               industry and continued regular                          Ravo (see FOR FURTHER INFORMATION           Anna K. Abram,
                                               consultations with public stakeholders                  CONTACT) no later than October 26, 2017. Deputy Commissioner for Policy, Planning,
                                               from October 2016 through April 2017.                      Requests for Oral Presentations: When Legislation, and Analysis.
                                               As directed by Congress, FDA posted                     registering, you may indicate if you        [FR Doc. 2017–21439 Filed 10–4–17; 8:45 am]
                                               minutes of these discussions on its Web                 wish to present during a public             BILLING CODE 4164–01–P




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Document Created: 2017-10-05 00:53:55
Document Modified: 2017-10-05 00:53:55
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 of public meeting; request for comments.
DatesThe public meeting will be held on November 2, 2017, from 9 a.m. to 12 noon. Submit either electronic or written comments on this public meeting to the docket by November 17, 2017. See the SUPPLEMENTARY INFORMATION section for registration date and information.
ContactCassie Ravo, Center for Veterinary Medicine (HFV-10), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 240-402-6866, [email protected]
FR Citation82 FR 46503 

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