82_FR_49582 82 FR 49377 - Animal Generic Drug User Fee Act; Recommendations; Request for Comments; Extension of Comment Period

82 FR 49377 - Animal Generic Drug User Fee Act; Recommendations; Request for Comments; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 205 (October 25, 2017)

Page Range49377-49379
FR Document2017-23173

The Food and Drug Administration (FDA or the Agency) is announcing the availability of the Animal Generic Drug User Fee Act (AGDUFA) reauthorization draft recommendations and extending the comment period to allow interested persons 30 days to submit comments on these draft recommendations.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017)
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49377-49379]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23173]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0655]


Animal Generic Drug User Fee Act; Recommendations; Request for 
Comments; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; request for comments; extension of 
comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the availability of the Animal Generic Drug User Fee Act 
(AGDUFA) reauthorization draft recommendations and extending the 
comment period to allow interested persons 30 days to submit comments 
on these draft recommendations.

DATES: FDA is extending the comment period on the AGDUFA 
reauthorization and draft recommendations. Submit either electronic or 
written comments on the draft recommendations by November 24, 2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before November 24, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 24, 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.

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 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-0655 for ``Animal Generic Drug User Fee Act; 
Recommendations; Request for Comments; Extension of Comment Period'' 
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

[[Page 49378]]

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.

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 the availability of the proposed recommendations 
for the reauthorization of AGDUFA, which authorizes FDA to collect user 
fees and use them for the process of reviewing generic new animal drug 
applications and associated submissions. The authority for AGDUFA 
expires September 30, 2018. Without new legislation, FDA will no longer 
have the authority to collect user fees to fund the generic new animal 
drug review process for future fiscal years. Section 742(d)(4) of the 
Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 379j-
22(d)(4)) requires that, after holding negotiations with regulated 
industry and periodic consultations with stakeholders, and before 
transmitting the Agency's final recommendation to Congress for the 
reauthorized program (AGDUFA III), we do the following: (1) Present the 
recommendations 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. In the Federal 
Register of October 5, 2017 (82 FR 46506), we announced a public 
meeting to be held on November 2, 2017. In that notice we stated that 
we intended to publish in the Federal Register the full text of the 
proposed AGDUFA III Performance Goals and Procedures Letter and a 
summary of proposed statutory changes, as well as post them at https://www.fda.gov/ForIndustry/UserFees/AnimalGenericDrugUserFeeActAGDUFA/ucm270232.htm, before the public meeting and would provide for a period 
of 30 days for the public to provide written comments. This notice 
announces the availability of these draft recommendations and extends 
the comment period to November 24, 2017 to provide for a period of 30 
days for the public to comment on these draft recommendations. After 
the public meeting and closing of the comment period, we will revise 
the draft recommendations as necessary. In addition, the Agency will 
present the draft recommendations to the Congressional committees.

II. Proposed AGDUFA III Recommendations

A. Enhancing the Process for Premarket Review

    We are proposing the following changes to the performance 
commitments previously established to further enhance the process for 
review of generic new animal drug applications.
    Beginning October 1, 2018, all applications and submissions under 
section 512(b) of the FD&C Act (21 U.S.C. 360b(b)) must be submitted to 
the Agency electronically using the eSubmitter tool.
    The Agency will review and act on 90 percent of original 
abbreviated new animal drug applications (ANADAs) within 240 days (180-
day review plus 60-day administrative review) after the submission 
date. An application is incomplete if it would require additional data 
or information to enable the Agency to complete a comprehensive review 
of the application and reach a decision on the issue(s) presented in 
the application. If the Agency determines that the deficiencies are not 
substantial, the Agency will review and act on 90 percent of 
reactivated applications within 120 days (60-day review plus 60-day 
administrative review) after the reactivated ANADA submission date. 
This shorter review time for reactivated ANADAs for which the 
deficiencies are determined not to be substantial is not intended to 
prevent the use of minor amendments during Agency review of an 
application. If the Agency determines that the deficiencies are 
substantial or new substantial information is provided, the Agency will 
review and act on 90 percent of reactivated applications within 240 
days (180-day review plus 60-day administrative review) after the 
reactivated ANADA submission date.
    The Agency will review and act on 90 percent of administrative 
ANADAs (ANADAs submitted after all scientific decisions have been made 
in the generic investigational new animal drug (JINAD) process, i.e., 
prior to the submission of the ANADA) within 60 days after the 
submission date. Paragraph IV certification applications (section 
512(n)(1)(H)(iv) of the FD&C Act) submitted as administrative ANADAs 
will be excluded from the administrative ANADA cohort.
    The Agency will review and act on 90 percent of Prior Approval 
manufacturing supplemental ANADAs within 180 days after the submission 
date. A Prior Approval manufacturing supplemental ANADA includes: One 
or more major manufacturing changes according to Sec.  514.8(b)(2)(ii) 
(21 CFR 514.8(b)(2)(ii)) and in accordance with Guidance for Industry 
#83, ``Chemistry, Manufacturing, and Controls Changes to an Approved 
NADA or ANADA''; and changes submitted as ``Supplement-Changes Being 
Effected in 30 Days'' that require prior approval according to Sec.  
514.8(b)(3)(v)(A). If a Prior Approval supplement does not clearly 
identify any major manufacturing changes, the Prior Approval supplement 
will be designated by the Agency as a ``Supplement--Changes Being 
Effected'' with a 270-day review goal (see ``Supplement--Changes Being 
Effected Manufacturing Supplemental ANADAs and Reactivations'' below).
    A submission is incomplete if it requires additional data or 
information to enable the Agency to complete a comprehensive review of 
the submission and reach a decision on the issue(s) presented in the 
submission. If the Agency determines that the deficiencies are not 
substantial for manufacturing supplements requiring prior approval, the 
Agency will allow the manufacturing supplements to be resubmitted as 
``Supplement-Changes Being Effected in 30 Days'' as described

[[Page 49379]]

in Sec.  514.8(b)(3) and the drug made with the change can be 
distributed 30 days after the resubmission according to Sec.  
514.8(b)(3)(iv). The Agency will review and act on 90 percent of these 
reactivated manufacturing supplements within 270 days after the 
resubmission date of a complete submission. If the Agency determines 
that the deficiencies remain substantial or new substantial information 
is provided, prior approval is required according to Sec.  
514.8(b)(3)(v)(A). The Agency will review and act on 90 percent of 
these reactivated manufacturing supplements within 180 days after the 
resubmission date of a complete submission.
    The Agency will review and act on 90 percent of ``Supplement-
Changes Being Effected'' manufacturing supplemental ANADAs and 
reactivations submitted according to Sec.  514.8(b)(3)(vi) and in 
accordance with Guidance for Industry #83, ``Chemistry, Manufacturing, 
and Controls Changes to an Approved NADA or ANADA,'' including 
manufacturing changes not requiring prior approval according to Sec.  
514.8(b)(3)(iv), within 270 days after the submission date.
    The Agency will review and act on 90 percent of JINAD study 
submissions within 180 days after the submission date.
    A submission is incomplete if it would require additional data or 
information to enable the Agency to complete a comprehensive review of 
the study submission and reach a decision on the issue(s) presented in 
the submission. If the Agency determines that the deficiencies are not 
substantial, the Agency will review and act on 90 percent of 
resubmitted JINAD study submissions within 60 days after the receipt 
date of a complete study submission. This shorter review time for 
resubmitted JINAD study submissions is not intended to prevent the use 
of minor amendments during Agency review of a study submission. If the 
Agency determines that the deficiencies are substantial or new 
substantial information is provided, the Agency will review and act on 
90 percent of resubmitted JINAD study submissions within 180 days after 
the receipt date of a complete study submission.
    The Agency will review and act on 90 percent of JINAD submissions 
consisting of protocols without substantial data, that the Agency and 
the sponsor consider to be an essential part of the basis for making 
the decision to approve or not approve an ANADA or supplemental ANADA, 
within 75 days after the submission date.
    The Agency will allow comparability protocols as described in Sec.  
514.8(b)(2)(v) to be submitted as protocols without substantial data in 
a JINAD file. The Agency will review and act on 90 percent of JINAD 
submissions consisting of protocols without substantial data within 75 
days after the submission date of the protocol. For potentially more 
complex comparability protocols, for example sterile process validation 
protocols, the sponsor should discuss and have Agency concurrence 
regarding the appropriate filing strategy.
    The Agency will continue to allow two-phased Chemistry, 
Manufacturing, and Controls technical section submissions under the 
JINAD process.
    The Agency and regulated industry are committed to improving the 
review and business processes that will facilitate the timely 
scheduling and conducting of pre-approval inspections (PAIs). To 
improve the timeliness and predictability of foreign PAIs, sponsors may 
voluntarily submit: (1) At the beginning of the calendar year, a list 
of foreign manufacturing facilities that are specified in an 
abbreviated application, supplemental abbreviated application, or 
generic investigational file and may be subject to foreign PAIs for the 
following fiscal year; and (2) a notification 30 days prior to 
submitting an abbreviated application, a supplemental abbreviated 
application, or generic investigational file that informs the Agency 
that the application includes a foreign manufacturing facility. Should 
any changes to the annual list occur after its submission to the 
Agency, the sponsor may provide the updated information to the Agency.
    The Agency will keep a record of the number of foreign PAIs 
conducted for abbreviated applications, along with the average time for 
completing the PAIs, and include this information in its annual 
performance report. The time for completing the PAI is understood to 
mean the time from the inspection scheduling request through 
notification to the Center for Veterinary Medicine (CVM) of 
inspectional findings.
    The Agency and regulated industry agree that the use of both formal 
meetings (e.g., pre-submission conferences, workshops) and informal 
communication by both parties is critical to ensure high submission 
quality such that the above performance goals can be achieved.

B. Inflation Adjuster and Workload Adjuster

    The Agency and regulated industry agree to change the current fixed 
4 percent inflation adjuster to a variable inflation adjuster 
calculated using payroll cost and benefits and the Consumer Price Index 
less food and energy.
    The workload adjustment will continue to be calculated per CVM 
Program Policy and Procedures Manual 1243.3022, except that, for 
purposes of calculating the workload adjustment, it is agreed to reset 
the base years to fiscal year (FY) 2014 through FY 2018. There will be 
no workload adjustment for FY 2019. Workload adjustments are one-time 
adjustments and are calculated annually.

C. Offset Provision and Excess Collections

    The proposal adds financial flexibility by eliminating the final 
year offset of the over collections provision and making any excess 
collections available to enhance the review process in real time. In 
addition, the proposal provides authority for the Secretary of Health 
and Human Services when setting fees to reduce a calculated workload 
adjustment up to the amount of excess collections in the second 
preceding fiscal year. The first fiscal year this provision could be 
applied while setting fees is fiscal year 2021.

D. Impact of AGDUFA III Changes on User Fee Revenue

    The FY 2019 baseline for AGDUFA III is $18,336,340. For each year 
from FY 2020 through FY 2023, the annual statutory revenue amounts 
established in section 741(b) of the FD&C Act (21 U.S.C. 379j-21(b)) 
will be further adjusted according to the new statutory provision for 
the inflation adjuster and may be further adjusted by the workload 
adjuster, if applicable.
    The planned total 5-year revenue for AGDUFA I was $27,100,000. The 
planned total 5-year revenue for AGDUFA II was $38,100,000, which also 
included one-time information technology funding in the amount of 
$850,000 for FY 2014. It is estimated that the planned total 5-year 
revenue for AGDUFA III will be $95,000,000.
    The fee revenue distribution in AGDUFA III will remain the same as 
AGDUFA II: 25 percent in application fees; 37.5 percent in product 
fees; and 37.5 percent in sponsor fees.

    Dated: October 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-23173 Filed 10-24-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                          Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices                                          49377

                                                statutes and regulations. This guidance                 2. ‘‘Suggested Format for Developing and              Comments submitted electronically,
                                                is not subject to Executive Order 12866.                      Responding to Deficiencies in                   including attachments, to https://
                                                                                                              Accordance with the Least Burdensome            www.regulations.gov will be posted to
                                                III. Electronic Access                                        Provisions of FDAMA,’’ dated November           the docket unchanged. Because your
                                                   Persons interested in obtaining a copy                     2, 2000, available at: https://
                                                                                                              www.fda.gov/downloads/Medical
                                                                                                                                                              comment will be made public, you are
                                                of the guidance may do so by                                                                                  solely responsible for ensuring that your
                                                                                                              Devices/DeviceRegulationandGuidance/
                                                downloading an electronic copy from                           GuidanceDocuments/ucm073680.pdf.                comment does not include any
                                                the internet. A search capability for all                                                                     confidential information that you or a
                                                Center for Devices and Radiological                       Dated: October 20, 2017.
                                                                                                                                                              third party may not wish to be posted,
                                                Health guidance documents is available                  Leslie Kux,                                           such as medical information, your or
                                                at https://www.fda.gov/MedicalDevices/                  Associate Commissioner for Policy.                    anyone else’s Social Security number, or
                                                DeviceRegulationandGuidance/                            [FR Doc. 2017–23197 Filed 10–24–17; 8:45 am]          confidential business information, such
                                                GuidanceDocuments/default.htm.                          BILLING CODE 4164–01–P                                as a manufacturing process. Please note
                                                Guidance documents are also available                                                                         that if you include your name, contact
                                                at https://www.fda.gov/BiologicsBlood                                                                         information, or other information that
                                                Vaccines/GuidanceCompliance                             DEPARTMENT OF HEALTH AND                              identifies you in the body of your
                                                RegulatoryInformation/default.htm or                    HUMAN SERVICES                                        comments, that information will be
                                                https://www.regulations.gov. Persons                                                                          posted on https://www.regulations.gov.
                                                unable to download an electronic copy                   Food and Drug Administration                            • If you want to submit a comment
                                                of ‘‘Deciding When to Submit a 510(k)                   [Docket No. FDA–2011–N–0655]                          with confidential information that you
                                                for a Change to an Existing Device’’ may                                                                      do not wish to be made available to the
                                                send an email request to CDRH-                          Animal Generic Drug User Fee Act;                     public, submit the comment as a
                                                Guidance@fda.hhs.gov to receive an                      Recommendations; Request for                          written/paper submission and in the
                                                electronic copy of the document. Please                 Comments; Extension of Comment                        manner detailed (see ‘‘Written/Paper
                                                use the document number 1500054 to                      Period                                                Submissions’’ and ‘‘Instructions’’).
                                                identify the guidance you are                                                                                 Written/Paper Submissions
                                                                                                        AGENCY:    Food and Drug Administration,
                                                requesting.
                                                                                                        HHS.                                                     Submit written/paper submissions as
                                                IV. Paperwork Reduction Act of 1995                     ACTION: Notice of availability; request               follows:
                                                  This guidance refers to previously                    for comments; extension of comment                       • Mail/Hand delivery/Courier (for
                                                approved collections of information                     period.                                               written/paper submissions): Dockets
                                                found in FDA regulations. These                                                                               Management Staff (HFA–305), Food and
                                                                                                        SUMMARY:    The Food and Drug                         Drug Administration, 5630 Fishers
                                                collections of information are subject to
                                                                                                        Administration (FDA or the Agency) is                 Lane, Rm. 1061, Rockville, MD 20852.
                                                review by the Office of Management and
                                                Budget (OMB) under the Paperwork
                                                                                                        announcing the availability of the                       • For written/paper comments
                                                                                                        Animal Generic Drug User Fee Act                      submitted to the Dockets Management
                                                Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                        (AGDUFA) reauthorization draft                        Staff, FDA will post your comment, as
                                                3520). The collections of information in
                                                                                                        recommendations and extending the                     well as any attachments, except for
                                                21 CFR part 820 are approved under
                                                                                                        comment period to allow interested                    information submitted, marked and
                                                OMB control number 0910–0073; the
                                                                                                        persons 30 days to submit comments on                 identified, as confidential, if submitted
                                                collections of information in 21 CFR
                                                                                                        these draft recommendations.                          as detailed in ‘‘Instructions.’’
                                                part 807, subpart E are approved under
                                                                                                        DATES: FDA is extending the comment                      Instructions: All submissions received
                                                OMB control number 0910–0120; the
                                                collections of information in 21 CFR                    period on the AGDUFA reauthorization                  must include the Docket No. FDA–
                                                part 803 have been approved under                       and draft recommendations. Submit                     2011–N–0655 for ‘‘Animal Generic Drug
                                                OMB control number 0910–0437; and                       either electronic or written comments                 User Fee Act; Recommendations;
                                                the collections of information in 21 CFR                on the draft recommendations by                       Request for Comments; Extension of
                                                parts 801 and 809 are approved under                    November 24, 2017.                                    Comment Period’’ Received comments,
                                                OMB control number 0910–0485.                           ADDRESSES: You may submit comments                    those filed in a timely manner (see
                                                                                                        as follows. Please note that late,                    ADDRESSES), will be placed in the docket
                                                V. References                                           untimely filed comments will not be                   and, except for those submitted as
                                                  The following references are on                       considered. Electronic comments must                  ‘‘Confidential Submissions,’’ publicly
                                                display in the Dockets Management                       be submitted on or before November 24,                viewable at https://www.regulations.gov
                                                Staff (see ADDRESSES) and are available                 2017. The https://www.regulations.gov                 or at the Dockets Management Staff
                                                for viewing by interested persons                       electronic filing system will accept                  between 9 a.m. and 4 p.m., Monday
                                                between 9 a.m. and 4 p.m., Monday                       comments until midnight Eastern Time                  through Friday.
                                                through Friday; they are also available                 at the end of November 24, 2017.                         • Confidential Submissions—To
                                                electronically at https://                              Comments received by mail/hand                        submit a comment with confidential
                                                www.regulations.gov. FDA has verified                   delivery/courier (for written/paper                   information that you do not wish to be
                                                the Web site addresses, as of the date                  submissions) will be considered timely                made publicly available, submit your
                                                this document publishes in the Federal                  if they are postmarked or the delivery                comments only as a written/paper
                                                Register, but Web sites are subject to                  service acceptance receipt is on or                   submission. You should submit two
                                                                                                                                                              copies total. One copy will include the
sradovich on DSK3GMQ082PROD with NOTICES




                                                change over time.                                       before that date.
                                                                                                                                                              information you claim to be confidential
                                                1. ‘‘The Least Burdensome Provisions of the             Electronic Submissions                                with a heading or cover note that states
                                                      FDA Modernization Act of 1997:
                                                      Concept and Principles,’’ dated October             Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                      4, 2002, available at: https://                   following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                      www.fda.gov/downloads/Medical                       • Federal eRulemaking Portal:                       Agency will review this copy, including
                                                      Devices/DeviceRegulationandGuidance/              https://www.regulations.gov. Follow the               the claimed confidential information, in
                                                      GuidanceDocuments/ucm085999.pdf.                  instructions for submitting comments.                 its consideration of comments. The


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                                                49378                     Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

                                                second copy, which will have the                        period of 30 days for the public to                   percent of reactivated applications
                                                claimed confidential information                        provide written comments on such                      within 120 days (60-day review plus 60-
                                                redacted/blacked out, will be available                 recommendations, (4) hold a meeting at                day administrative review) after the
                                                for public viewing and posted on                        which the public may present its views                reactivated ANADA submission date.
                                                https://www.regulations.gov. Submit                     on such recommendations, and (5)                      This shorter review time for reactivated
                                                both copies to the Dockets Management                   consider such public views and                        ANADAs for which the deficiencies are
                                                Staff. If you do not wish your name and                 comments and revise such                              determined not to be substantial is not
                                                contact information to be made publicly                 recommendations as necessary. In the                  intended to prevent the use of minor
                                                available, you can provide this                         Federal Register of October 5, 2017 (82               amendments during Agency review of
                                                information on the cover sheet and not                  FR 46506), we announced a public                      an application. If the Agency determines
                                                in the body of your comments and you                    meeting to be held on November 2,                     that the deficiencies are substantial or
                                                must identify this information as                       2017. In that notice we stated that we                new substantial information is
                                                ‘‘confidential.’’ Any information marked                intended to publish in the Federal                    provided, the Agency will review and
                                                as ‘‘confidential’’ will not be disclosed               Register the full text of the proposed                act on 90 percent of reactivated
                                                except in accordance with 21 CFR 10.20                  AGDUFA III Performance Goals and                      applications within 240 days (180-day
                                                and other applicable disclosure law. For                Procedures Letter and a summary of                    review plus 60-day administrative
                                                more information about FDA’s posting                    proposed statutory changes, as well as                review) after the reactivated ANADA
                                                of comments to public dockets, see 80                   post them at https://www.fda.gov/For                  submission date.
                                                FR 56469, September 18, 2015, or access                 Industry/UserFees/AnimalGenericDrug                      The Agency will review and act on 90
                                                the information at: https://www.gpo.gov/                UserFeeActAGDUFA/ucm270232.htm,                       percent of administrative ANADAs
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       before the public meeting and would                   (ANADAs submitted after all scientific
                                                23389.pdf.                                              provide for a period of 30 days for the               decisions have been made in the generic
                                                   Docket: For access to the docket to                  public to provide written comments.                   investigational new animal drug
                                                read background documents or the                        This notice announces the availability                (JINAD) process, i.e., prior to the
                                                electronic and written/paper comments                   of these draft recommendations and                    submission of the ANADA) within 60
                                                received, go to https://                                extends the comment period to                         days after the submission date.
                                                www.regulations.gov and insert the                      November 24, 2017 to provide for a                    Paragraph IV certification applications
                                                docket number, found in brackets in the                 period of 30 days for the public to                   (section 512(n)(1)(H)(iv) of the FD&C
                                                heading of this document, into the                      comment on these draft                                Act) submitted as administrative
                                                ‘‘Search’’ box and follow the prompts                   recommendations. After the public                     ANADAs will be excluded from the
                                                and/or go to the Dockets Management                     meeting and closing of the comment                    administrative ANADA cohort.
                                                Staff, 5630 Fishers Lane, Rm. 1061,                                                                              The Agency will review and act on 90
                                                                                                        period, we will revise the draft
                                                Rockville, MD 20852.                                                                                          percent of Prior Approval
                                                                                                        recommendations as necessary. In
                                                                                                                                                              manufacturing supplemental ANADAs
                                                FOR FURTHER INFORMATION CONTACT:                        addition, the Agency will present the
                                                                                                                                                              within 180 days after the submission
                                                Cassie Ravo, Center for Veterinary                      draft recommendations to the
                                                                                                                                                              date. A Prior Approval manufacturing
                                                Medicine (HFV–10), Food and Drug                        Congressional committees.
                                                                                                                                                              supplemental ANADA includes: One or
                                                Administration, 7500 Standish Pl.,                      II. Proposed AGDUFA III                               more major manufacturing changes
                                                Rockville, MD 20855, 240–402–6866,                      Recommendations                                       according to § 514.8(b)(2)(ii) (21 CFR
                                                cassie.ravo@fda.hhs.gov.                                                                                      514.8(b)(2)(ii)) and in accordance with
                                                SUPPLEMENTARY INFORMATION:                              A. Enhancing the Process for Premarket
                                                                                                                                                              Guidance for Industry #83, ‘‘Chemistry,
                                                                                                        Review                                                Manufacturing, and Controls Changes to
                                                I. Background
                                                                                                           We are proposing the following                     an Approved NADA or ANADA’’; and
                                                  FDA is announcing the availability of                 changes to the performance                            changes submitted as ‘‘Supplement-
                                                the proposed recommendations for the                    commitments previously established to                 Changes Being Effected in 30 Days’’ that
                                                reauthorization of AGDUFA, which                        further enhance the process for review                require prior approval according to
                                                authorizes FDA to collect user fees and                 of generic new animal drug                            § 514.8(b)(3)(v)(A). If a Prior Approval
                                                use them for the process of reviewing                   applications.                                         supplement does not clearly identify
                                                generic new animal drug applications                       Beginning October 1, 2018, all                     any major manufacturing changes, the
                                                and associated submissions. The                         applications and submissions under                    Prior Approval supplement will be
                                                authority for AGDUFA expires                            section 512(b) of the FD&C Act (21                    designated by the Agency as a
                                                September 30, 2018. Without new                         U.S.C. 360b(b)) must be submitted to the              ‘‘Supplement—Changes Being Effected’’
                                                legislation, FDA will no longer have the                Agency electronically using the                       with a 270-day review goal (see
                                                authority to collect user fees to fund the              eSubmitter tool.                                      ‘‘Supplement—Changes Being Effected
                                                generic new animal drug review process                     The Agency will review and act on 90               Manufacturing Supplemental ANADAs
                                                for future fiscal years. Section 742(d)(4)              percent of original abbreviated new                   and Reactivations’’ below).
                                                of the Federal Food, Drug, and Cosmetic                 animal drug applications (ANADAs)                        A submission is incomplete if it
                                                Act (the FD&C Act) (21 U.S.C. 379j–                     within 240 days (180-day review plus                  requires additional data or information
                                                22(d)(4)) requires that, after holding                  60-day administrative review) after the               to enable the Agency to complete a
                                                negotiations with regulated industry                    submission date. An application is                    comprehensive review of the
                                                and periodic consultations with                         incomplete if it would require                        submission and reach a decision on the
                                                stakeholders, and before transmitting                   additional data or information to enable              issue(s) presented in the submission. If
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                                                the Agency’s final recommendation to                    the Agency to complete a                              the Agency determines that the
                                                Congress for the reauthorized program                   comprehensive review of the                           deficiencies are not substantial for
                                                (AGDUFA III), we do the following: (1)                  application and reach a decision on the               manufacturing supplements requiring
                                                Present the recommendations to the                      issue(s) presented in the application. If             prior approval, the Agency will allow
                                                relevant Congressional committees, (2)                  the Agency determines that the                        the manufacturing supplements to be
                                                publish such recommendations in the                     deficiencies are not substantial, the                 resubmitted as ‘‘Supplement-Changes
                                                Federal Register, (3) provide for a                     Agency will review and act on 90                      Being Effected in 30 Days’’ as described


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                                                                          Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices                                                49379

                                                in § 514.8(b)(3) and the drug made with                 to be submitted as protocols without                  Consumer Price Index less food and
                                                the change can be distributed 30 days                   substantial data in a JINAD file. The                 energy.
                                                after the resubmission according to                     Agency will review and act on 90                         The workload adjustment will
                                                § 514.8(b)(3)(iv). The Agency will                      percent of JINAD submissions                          continue to be calculated per CVM
                                                review and act on 90 percent of these                   consisting of protocols without                       Program Policy and Procedures Manual
                                                reactivated manufacturing supplements                   substantial data within 75 days after the
                                                                                                                                                              1243.3022, except that, for purposes of
                                                within 270 days after the resubmission                  submission date of the protocol. For
                                                date of a complete submission. If the                                                                         calculating the workload adjustment, it
                                                                                                        potentially more complex comparability
                                                Agency determines that the deficiencies                 protocols, for example sterile process                is agreed to reset the base years to fiscal
                                                remain substantial or new substantial                   validation protocols, the sponsor should              year (FY) 2014 through FY 2018. There
                                                information is provided, prior approval                 discuss and have Agency concurrence                   will be no workload adjustment for FY
                                                is required according to                                regarding the appropriate filing strategy.            2019. Workload adjustments are one-
                                                § 514.8(b)(3)(v)(A). The Agency will                      The Agency will continue to allow                   time adjustments and are calculated
                                                review and act on 90 percent of these                   two-phased Chemistry, Manufacturing,                  annually.
                                                reactivated manufacturing supplements                   and Controls technical section                        C. Offset Provision and Excess
                                                within 180 days after the resubmission                  submissions under the JINAD process.                  Collections
                                                date of a complete submission.                            The Agency and regulated industry
                                                   The Agency will review and act on 90                 are committed to improving the review                    The proposal adds financial flexibility
                                                percent of ‘‘Supplement-Changes Being                   and business processes that will                      by eliminating the final year offset of the
                                                Effected’’ manufacturing supplemental                   facilitate the timely scheduling and                  over collections provision and making
                                                ANADAs and reactivations submitted                      conducting of pre-approval inspections                any excess collections available to
                                                according to § 514.8(b)(3)(vi) and in                   (PAIs). To improve the timeliness and                 enhance the review process in real time.
                                                accordance with Guidance for Industry                   predictability of foreign PAIs, sponsors
                                                #83, ‘‘Chemistry, Manufacturing, and                                                                          In addition, the proposal provides
                                                                                                        may voluntarily submit: (1) At the                    authority for the Secretary of Health and
                                                Controls Changes to an Approved                         beginning of the calendar year, a list of
                                                NADA or ANADA,’’ including                                                                                    Human Services when setting fees to
                                                                                                        foreign manufacturing facilities that are             reduce a calculated workload
                                                manufacturing changes not requiring                     specified in an abbreviated application,
                                                prior approval according to                                                                                   adjustment up to the amount of excess
                                                                                                        supplemental abbreviated application,                 collections in the second preceding
                                                § 514.8(b)(3)(iv), within 270 days after
                                                                                                        or generic investigational file and may               fiscal year. The first fiscal year this
                                                the submission date.
                                                   The Agency will review and act on 90                 be subject to foreign PAIs for the
                                                                                                                                                              provision could be applied while setting
                                                percent of JINAD study submissions                      following fiscal year; and (2) a
                                                                                                                                                              fees is fiscal year 2021.
                                                within 180 days after the submission                    notification 30 days prior to submitting
                                                date.                                                   an abbreviated application, a                         D. Impact of AGDUFA III Changes on
                                                   A submission is incomplete if it                     supplemental abbreviated application,                 User Fee Revenue
                                                would require additional data or                        or generic investigational file that
                                                                                                        informs the Agency that the application                  The FY 2019 baseline for AGDUFA III
                                                information to enable the Agency to
                                                complete a comprehensive review of the                  includes a foreign manufacturing                      is $18,336,340. For each year from FY
                                                study submission and reach a decision                   facility. Should any changes to the                   2020 through FY 2023, the annual
                                                on the issue(s) presented in the                        annual list occur after its submission to             statutory revenue amounts established
                                                submission. If the Agency determines                    the Agency, the sponsor may provide                   in section 741(b) of the FD&C Act (21
                                                that the deficiencies are not substantial,              the updated information to the Agency.                U.S.C. 379j–21(b)) will be further
                                                the Agency will review and act on 90                      The Agency will keep a record of the                adjusted according to the new statutory
                                                percent of resubmitted JINAD study                      number of foreign PAIs conducted for                  provision for the inflation adjuster and
                                                submissions within 60 days after the                    abbreviated applications, along with the              may be further adjusted by the workload
                                                receipt date of a complete study                        average time for completing the PAIs,                 adjuster, if applicable.
                                                submission. This shorter review time for                and include this information in its
                                                                                                                                                                 The planned total 5-year revenue for
                                                resubmitted JINAD study submissions is                  annual performance report. The time for
                                                                                                                                                              AGDUFA I was $27,100,000. The
                                                not intended to prevent the use of minor                completing the PAI is understood to
                                                                                                                                                              planned total 5-year revenue for
                                                amendments during Agency review of a                    mean the time from the inspection
                                                                                                        scheduling request through notification               AGDUFA II was $38,100,000, which
                                                study submission. If the Agency                                                                               also included one-time information
                                                determines that the deficiencies are                    to the Center for Veterinary Medicine
                                                                                                        (CVM) of inspectional findings.                       technology funding in the amount of
                                                substantial or new substantial
                                                                                                          The Agency and regulated industry                   $850,000 for FY 2014. It is estimated
                                                information is provided, the Agency
                                                will review and act on 90 percent of                    agree that the use of both formal                     that the planned total 5-year revenue for
                                                resubmitted JINAD study submissions                     meetings (e.g., pre-submission                        AGDUFA III will be $95,000,000.
                                                within 180 days after the receipt date of               conferences, workshops) and informal                     The fee revenue distribution in
                                                a complete study submission.                            communication by both parties is                      AGDUFA III will remain the same as
                                                   The Agency will review and act on 90                 critical to ensure high submission                    AGDUFA II: 25 percent in application
                                                percent of JINAD submissions                            quality such that the above performance               fees; 37.5 percent in product fees; and
                                                consisting of protocols without                         goals can be achieved.                                37.5 percent in sponsor fees.
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                                                substantial data, that the Agency and
                                                                                                        B. Inflation Adjuster and Workload                      Dated: October 20, 2017.
                                                the sponsor consider to be an essential
                                                                                                        Adjuster                                              Leslie Kux,
                                                part of the basis for making the decision
                                                to approve or not approve an ANADA                        The Agency and regulated industry                   Associate Commissioner for Policy.
                                                or supplemental ANADA, within 75                        agree to change the current fixed 4                   [FR Doc. 2017–23173 Filed 10–24–17; 8:45 am]
                                                days after the submission date.                         percent inflation adjuster to a variable              BILLING CODE 4164–01–P
                                                   The Agency will allow comparability                  inflation adjuster calculated using
                                                protocols as described in § 514.8(b)(2)(v)              payroll cost and benefits and the


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Document Created: 2017-10-25 01:16:52
Document Modified: 2017-10-25 01:16:52
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 availability; request for comments; extension of comment period.
DatesFDA is extending the comment period on the AGDUFA reauthorization and draft recommendations. Submit either electronic or written comments on the draft recommendations by November 24, 2017.
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 49377 

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