82_FR_49585 82 FR 49380 - Animal Drug User Fee Act; Recommendations; Request for Comments; Extension of Comment Period

82 FR 49380 - Animal 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 Range49380-49382
FR Document2017-23172

The Food and Drug Administration (FDA or the Agency) is announcing the availability of the Animal Drug User Fee Act (ADUFA) 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 49380-49382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23172]


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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; 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 Drug User Fee Act (ADUFA) 
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 ADUFA 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 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

[[Page 49381]]

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-0656 for ``Animal 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 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 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 stakeholders, 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. In the Federal 
Register of October 5, 2017 (82 FR 46503), 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 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/ucm042891.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 ADUFA IV 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 new animal drug applications (NADAs).
    Beginning October 1, 2018, all applications and submissions under 
section 512(b) and 571 of the FD&C Act (21 U.S.C. 360b(b) and 21 U.S.C. 
360ccc, respectively) must be submitted to the Agency electronically 
using the eSubmitter tool.
    The Agency will review and act on 90 percent of ``Supplement-
Changes Being Effected'' manufacturing supplemental NADAs and 
reactivations submitted according to Sec.  514.8(b)(3)(vi) (21 CFR 
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 180 days after the 
submission date. All other application and submission performance goals 
will remain the same as ADUFA III.
    The Agency commits to working on implementation of the United 
States-European Union Good Manufacturing

[[Page 49382]]

Practice Inspection Mutual Recognition Agreement. All other commitments 
related to pre-approval inspections will remain the same as ADUFA III.
    The Agency will review and act on 90 percent of qualifying Animal 
Drug Availability Act (ADAA) combination medicated feed applications 
within 60 days after the submission date when all of the following 
conditions are met:
     Basic regulatory requirements for an ADAA combination 
medicated feed application has been met as outlined in 21 CFR 
514.4(c)(2)(ii).
     A presubmission conference has been conducted and either:
    [cir] No data (no tissue residue non-interference study is 
required) are needed and this agreement is documented in the memorandum 
of conference for the presubmission conference; or
    [cir] A justification for not conducting a tissue residue non-
interference study has been submitted, reviewed, and found acceptable 
under an investigational new animal drug (INAD), prior to the 
submission of the ADAA combination medicated feed application; or
    [cir] A tissue residue non-interference study has been submitted, 
reviewed, and found acceptable under an INAD, prior to the submission 
of the ADAA combination medicated feed application.
     No effectiveness or target animal safety data are 
required.
     No manufacturing data requirements--sponsor can address in 
meeting assay non-interference, but data submission is not required.
     All other information is referenced to previous drug 
experience reports.
     Sponsor makes submission and it includes: Representative 
(Blue Bird) labeling, Veterinary Feed Directive (if applicable).
     Includes a request for categorical exclusion from the need 
to prepare an environmental assessment (EA); i.e., no EA required.
     Reference to presubmission conference.
     Right of reference (if applicable) to NADA(s) not owned by 
the filing sponsor of the ADAA combination medicated feed application 
has been received by the Agency.
    The Agency will review and act on 90 percent of ADAA combination 
medicated feed applications within 100 days for those applications 
accepted for the 60-day timeframe and there is a need for minor 
amendments.
    If any of the above conditions cannot be met, the ADAA combination 
medicated feed application performance metric will be placed in the 
original NADA application cohort with a 180-day review timeframe.
    The Agency will review and act on 90 percent of resubmissions of 
previously completed Environmental Impact technical sections within 60 
days after the submission date where:
     A categorical exclusion was issued;
     All other technical sections have been submitted; and
     Information contained in the other technical sections 
reveals a change in the conditions of use of the previously issued 
categorical exclusion.
    The Agency will conduct 90 percent of qualifying presubmission 
conferences within a 60-day timeframe when all of the following 
conditions are met:
     All background materials, including presentations, have 
been submitted, and
     A complete agenda has been agreed upon by the Agency and 
the sponsor.
    A sponsor and the Agency can mutually agree to exclude a particular 
presubmission conference from this performance goal. If a sponsor 
accepts a date beyond the 60-day timeframe for their scheduling 
purposes or is unable to meet with the Agency on Agency available 
dates, the submission will be excluded from the presubmission 
conference cohort.
    The Agency will commence 90 percent of tissue residue method 
demonstrations within 120 days of completion of the 3-hour meeting 
process or within 200 days from the receipt of a submission that 
supports a single laboratory validation tissue residue method 
demonstration.

B. Inflation Adjuster and Workload Adjuster

    The inflation adjuster will remain the same as for ADUFA III.
    The workload adjustment will continue to be calculated per Center 
for Veterinary Medicine Program Policy and Procedures Manual 1243.3022, 
except that, for purposes of calculating the workload adjustment, it 
has been 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 over collections provision and making any excess 
collections available to enhance the review process in real time. The 
proposal provides authority for the Secretary of Health and Human 
Services (the Secretary) 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 FY 2021. Likewise, the proposal 
also provides authority to the Secretary to reduce an increase in fees 
to recover a shortfall in collections in a preceding year (after 2018) 
by any remaining prior year excess collections not already applied for 
purposes of reducing fee increases.

D. Impact of ADUFA IV Enhancements on User Fee Revenue

    The FY 2019 baseline for ADUFA IV is $30,331,240, which includes a 
$400,000 one-time cost for information technology enhancement. 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 by the inflation adjuster, the workload 
adjuster, if applicable, and will include $900,000 per year for tissue 
method trials.
    The total 5-year revenue planned for ADUFA I was $47,000,000. The 
total 5-year revenue planned for ADUFA II was $98,000,000. The total 5-
year revenue planned for ADUFA III was $114,000,000. It is estimated 
that the total 5-year revenue for ADUFA IV will be $150,000,000.
    The fee revenue distribution in ADUFA IV will remain the same as 
ADUFA III: 20 percent from application fees; 27 percent from product 
fees; 26 percent from establishment fees; and 27 percent from sponsor 
fees.

    Dated: October 20, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-23172 Filed 10-24-17; 8:45 am]
BILLING CODE 4164-01-P



                                                49380                     Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

                                                DEPARTMENT OF HEALTH AND                                   A person may petition the Agency to                labeling for this drug product should be
                                                HUMAN SERVICES                                          determine, or the Agency may                          revised to meet current standards, the
                                                                                                        determine on its own initiative, whether              Agency will advise ANDA applicants to
                                                Food and Drug Administration                            a listed drug was withdrawn from sale                 submit such labeling.
                                                [Docket No. FDA–2017–P–0840]                            for reasons of safety or effectiveness.                 Dated: October 17, 2017.
                                                                                                        This determination may be made at any
                                                                                                                                                              Leslie Kux,
                                                Determination That OVRETTE                              time after the drug has been withdrawn
                                                                                                                                                              Associate Commissioner for Policy.
                                                (Norgestrel) Tablet, 0.075 Milligrams,                  from sale, but must be made prior to
                                                                                                        FDA’s approval of an ANDA that refers                 [FR Doc. 2017–23125 Filed 10–24–17; 8:45 am]
                                                Was Not Withdrawn From Sale for
                                                Reasons of Safety or Effectiveness                      to the listed drug (§ 314.161 (21 CFR                 BILLING CODE 4164–01–P
                                                                                                        314.161)). FDA may not approve an
                                                AGENCY:    Food and Drug Administration,                ANDA that does not refer to a listed
                                                HHS.                                                    drug.                                                 DEPARTMENT OF HEALTH AND
                                                ACTION:   Notice.                                          OVRETTE (norgestrel) tablet, 0.075                 HUMAN SERVICES
                                                                                                        mg, is the subject of NDA 017031, held
                                                SUMMARY:    The Food and Drug                                                                                 Food and Drug Administration
                                                                                                        by HRA Pharma and initially approved
                                                Administration (FDA or Agency) has
                                                                                                        on October 23, 1973. OVRETTE is                       [Docket No. FDA–2011–N–0656]
                                                determined that OVRETTE (norgestrel)
                                                                                                        indicated for the prevention of
                                                tablet, 0.075 milligrams (mg), was not                                                                        Animal Drug User Fee Act;
                                                                                                        pregnancy in women.
                                                withdrawn from sale for reasons of                         OVRETTE (norgestrel) tablet, 0.075                 Recommendations; Request for
                                                safety or effectiveness. This                           mg, was discontinued from U.S.                        Comments; Extension of Comment
                                                determination will allow FDA to                         distribution on June 7, 2005, and is                  Period
                                                approve abbreviated new drug                            currently listed in the ‘‘Discontinued
                                                applications (ANDAs) for norgestrel                                                                           AGENCY:    Food and Drug Administration,
                                                                                                        Drug Product List’’ section of the Orange
                                                tablet, 0.075 mg, if all other legal and                                                                      HHS.
                                                                                                        Book.
                                                regulatory requirements are met.                           The Weinberg Group submitted a                     ACTION: Notice of availability; request
                                                FOR FURTHER INFORMATION CONTACT:                        citizen petition dated February 8, 2017               for comments; extension of comment
                                                Daniel Gottlieb, Center for Drug                        (Docket No. FDA–2017–P–0840), under                   period.
                                                Evaluation and Research, Food and                       21 CFR 10.30, requesting that the
                                                Drug Administration, 10903 New                                                                                SUMMARY:    The Food and Drug
                                                                                                        Agency determine whether OVRETTE                      Administration (FDA or the Agency) is
                                                Hampshire Ave., Bldg. 51, Rm. 6217,                     (norgestrel) tablet, 0.075 mg, was
                                                Silver Spring, MD 20993–0002, 301–                                                                            announcing the availability of the
                                                                                                        withdrawn from sale for reasons of                    Animal Drug User Fee Act (ADUFA)
                                                796–6650.                                               safety or effectiveness.
                                                                                                                                                              reauthorization draft recommendations
                                                SUPPLEMENTARY INFORMATION: In 1984,                        After considering the citizen petition
                                                                                                                                                              and extending the comment period to
                                                Congress enacted the Drug Price                         and reviewing Agency records and
                                                                                                        based on the information we have at this              allow interested persons 30 days to
                                                Competition and Patent Term
                                                                                                        time, FDA has determined under                        submit comments on these draft
                                                Restoration Act of 1984 (Pub. L. 98–417)
                                                (the 1984 amendments), which                            § 314.161 that OVRETTE (norgestrel)                   recommendations.
                                                authorized the approval of duplicate                    tablet, 0.075 mg, was not withdrawn                   DATES: FDA is extending the comment
                                                versions of drug products under an                      from sale for reasons of safety or                    period on the ADUFA reauthorization
                                                ANDA procedure. ANDA applicants                         effectiveness. The petitioner has                     and draft recommendations. Submit
                                                must, with certain exceptions, show that                identified no data or other information               either electronic or written comments
                                                the drug for which they are seeking                     suggesting that OVRETTE (norgestrel)                  on the draft recommendations by
                                                approval contains the same active                       tablet, 0.075 mg, was withdrawn for                   November 24, 2017.
                                                ingredient in the same strength and                     reasons of safety or effectiveness. We                ADDRESSES: You may submit comments
                                                dosage form as the ‘‘listed drug,’’ which               have carefully reviewed our files for                 as follows. Please note that late,
                                                is a version of the drug that was                       records concerning the withdrawal of                  untimely filed comments will not be
                                                previously approved. ANDA applicants                    OVRETTE (norgestrel) tablet, 0.075 mg,                considered. Electronic comments must
                                                do not have to repeat the extensive                     from sale. We have also independently                 be submitted on or before November 24,
                                                clinical testing otherwise necessary to                 evaluated relevant literature and data                2017. The https://www.regulations.gov
                                                gain approval of a new drug application                 for possible postmarketing adverse                    electronic filing system will accept
                                                (NDA).                                                  events. We have found no information                  comments until midnight Eastern Time
                                                   The 1984 amendments include what                     that would indicate that this drug                    at the end November 24, 2017.
                                                is now section 505(j)(7) of the Federal                 product was withdrawn from sale for                   Comments received by mail/hand
                                                Food, Drug, and Cosmetic Act (21 U.S.C.                 reasons of safety or effectiveness.                   delivery/courier (for written/paper
                                                355(j)(7)), which requires FDA to                          Accordingly, the Agency will                       submissions) will be considered timely
                                                publish a list of all approved drugs.                   continue to list OVRETTE (norgestrel)                 if they are postmarked or the delivery
                                                FDA publishes this list as part of the                  tablet, 0.075 mg, in the ‘‘Discontinued               service acceptance receipt is on or
                                                ‘‘Approved Drug Products With                           Drug Product List’’ section of the Orange             before that date.
                                                Therapeutic Equivalence Evaluations,’’                  Book. The ‘‘Discontinued Drug Product
                                                which is known generally as the                         List’’ delineates, among other items,                 Electronic Submissions
                                                ‘‘Orange Book.’’ Under FDA regulations,                 drug products that have been
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                Submit electronic comments in the
                                                drugs are removed from the list if the                  discontinued from marketing for reasons               following way:
                                                Agency withdraws or suspends                            other than safety or effectiveness.                     • Federal eRulemaking Portal:
                                                approval of the drug’s NDA or ANDA                      ANDAs that refer to this drug product                 https://www.regulations.gov. Follow the
                                                for reasons of safety or effectiveness or               may be approved by the Agency as long                 instructions for submitting comments.
                                                if FDA determines that the listed drug                  as they meet all other legal and                      Comments submitted electronically,
                                                was withdrawn from sale for reasons of                  regulatory requirements for the approval              including attachments, to https://
                                                safety or effectiveness (21 CFR 314.162).               of ANDAs. If FDA determines that                      www.regulations.gov will be posted to


                                           VerDate Sep<11>2014   22:06 Oct 24, 2017   Jkt 244001   PO 00000   Frm 00070   Fmt 4703   Sfmt 4703   E:\FR\FM\25OCN1.SGM   25OCN1


                                                                          Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices                                           49381

                                                the docket unchanged. Because your                      for public viewing and posted on                      may present its views on such
                                                comment will be made public, you are                    https://www.regulations.gov. Submit                   recommendations, and (5) consider such
                                                solely responsible for ensuring that your               both copies to the Dockets Management                 public views and comments and revise
                                                comment does not include any                            Staff. If you do not wish your name and               such recommendations as necessary. In
                                                confidential information that you or a                  contact information to be made publicly               the Federal Register of October 5, 2017
                                                third party may not wish to be posted,                  available, you can provide this                       (82 FR 46503), we announced a public
                                                such as medical information, your or                    information on the cover sheet and not                meeting to be held on November 2,
                                                anyone else’s Social Security number, or                in the body of your comments and you                  2017. In that notice we stated that we
                                                confidential business information, such                 must identify this information as                     intended to publish in the Federal
                                                as a manufacturing process. Please note                 ‘‘confidential.’’ Any information marked              Register the full text of the proposed
                                                that if you include your name, contact                  as ‘‘confidential’’ will not be disclosed             ADUFA IV Performance Goals and
                                                information, or other information that                  except in accordance with 21 CFR 10.20                Procedures Letter and a summary of
                                                identifies you in the body of your                      and other applicable disclosure law. For              proposed statutory changes, as well as
                                                comments, that information will be                      more information about FDA’s posting                  post them at https://www.fda.gov/
                                                posted on https://www.regulations.gov.                  of comments to public dockets, see 80                 ForIndustry/UserFees/AnimalDrugUser
                                                  • If you want to submit a comment                     FR 56469, September 18, 2015, or access               FeeActADUFA/ucm042891.htm, before
                                                with confidential information that you                  the information at: https://www.gpo.gov/              the public meeting, and would provide
                                                do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-                     for a period of 30 days for the public to
                                                public, submit the comment as a                         23389.pdf.                                            provide written comments. This notice
                                                written/paper submission and in the                        Docket: For access to the docket to                announces the availability of these draft
                                                manner detailed (see ‘‘Written/Paper                    read background documents or the                      recommendations and extends the
                                                Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                 comment period to November 24, 2017
                                                Written/Paper Submissions                               received, go to https://                              to provide for a period of 30 days for the
                                                                                                        www.regulations.gov and insert the                    public to comment on these draft
                                                   Submit written/paper submissions as                  docket number, found in brackets in the               recommendations. After the public
                                                follows:                                                heading of this document, into the
                                                   • Mail/Hand delivery/Courier (for                                                                          meeting and closing of the comment
                                                                                                        ‘‘Search’’ box and follow the prompts                 period, we will revise the draft
                                                written/paper submissions): Dockets
                                                                                                        and/or go to the Dockets Management                   recommendations as necessary. In
                                                Management Staff (HFA–305), Food and
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,                   addition, the Agency will present the
                                                Drug Administration, 5630 Fishers
                                                                                                        Rockville, MD 20852.                                  draft recommendations to the
                                                Lane, Rm. 1061, Rockville, MD 20852.
                                                   • For written/paper comments                         FOR FURTHER INFORMATION CONTACT:                      Congressional committees.
                                                submitted to the Dockets Management                     Cassie Ravo, Center for Veterinary                    II. Proposed ADUFA IV
                                                Staff, FDA will post your comment, as                   Medicine (HFV–10), Food and Drug                      Recommendations
                                                well as any attachments, except for                     Administration, 7500 Standish Pl.,
                                                information submitted, marked and                       Rockville, MD 20855, 240–402–6866,                    A. Enhancing the Process for Premarket
                                                identified, as confidential, if submitted               cassie.ravo@fda.hhs.gov.                              Review
                                                as detailed in ‘‘Instructions.’’                        SUPPLEMENTARY INFORMATION:                              We are proposing the following
                                                   Instructions: All submissions received                                                                     changes to the performance
                                                                                                        I. Background
                                                must include the Docket No. FDA–                                                                              commitments previously established to
                                                2011–N–0656 for ‘‘Animal Drug User                         FDA is announcing the availability of              further enhance the process for review
                                                Fee Act; Recommendations; Request for                   the proposed recommendations for the                  of new animal drug applications
                                                Comments; Extension of Comment                          reauthorization of ADUFA, which                       (NADAs).
                                                Period.’’ Received comments, those filed                authorizes FDA to collect user fees and                 Beginning October 1, 2018, all
                                                in a timely manner (see ADDRESSES),                     use them for the process of reviewing                 applications and submissions under
                                                will be placed in the docket and, except                new animal drug applications and                      section 512(b) and 571 of the FD&C Act
                                                for those submitted as ‘‘Confidential                   associated submissions. The authority                 (21 U.S.C. 360b(b) and 21 U.S.C. 360ccc,
                                                Submissions,’’ publicly viewable at                     for ADUFA expires September 30, 2018.                 respectively) must be submitted to the
                                                https://www.regulations.gov or at the                   Without new legislation, FDA will no                  Agency electronically using the
                                                Dockets Management Staff between 9                      longer have the authority to collect user             eSubmitter tool.
                                                a.m. and 4 p.m., Monday through                         fees to fund the new animal drug review                 The Agency will review and act on 90
                                                Friday.                                                 process for future fiscal years. Section              percent of ‘‘Supplement-Changes Being
                                                   • Confidential Submissions—To                        740A(d)(4) of the Federal Food, Drug,                 Effected’’ manufacturing supplemental
                                                submit a comment with confidential                      and Cosmetic Act (the FD&C Act) (21                   NADAs and reactivations submitted
                                                information that you do not wish to be                  U.S.C. 379j–13(d)(4)) requires that, after            according to § 514.8(b)(3)(vi) (21 CFR
                                                made publicly available, submit your                    holding negotiations with regulated                   514.8(b)(3)(vi)) and in accordance with
                                                comments only as a written/paper                        industry and periodic consultations                   Guidance for Industry #83, ‘‘Chemistry,
                                                submission. You should submit two                       with stakeholders, and before                         Manufacturing, and Controls Changes to
                                                copies total. One copy will include the                 transmitting the Agency’s final                       an Approved NADA or ANADA’’
                                                information you claim to be confidential                recommendation to Congress for the                    including manufacturing changes not
                                                with a heading or cover note that states                reauthorized program (ADUFA IV), we                   requiring prior approval according to
                                                ‘‘THIS DOCUMENT CONTAINS                                do the following: (1) Present the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              § 514.8(b)(3)(iv), within 180 days after
                                                CONFIDENTIAL INFORMATION.’’ The                         recommendation to the relevant                        the submission date. All other
                                                Agency will review this copy, including                 Congressional committees, (2) publish                 application and submission
                                                the claimed confidential information, in                such recommendations in the Federal                   performance goals will remain the same
                                                its consideration of comments. The                      Register, (3) provide for a period of 30              as ADUFA III.
                                                second copy, which will have the                        days for the public to provide written                  The Agency commits to working on
                                                claimed confidential information                        comments on such recommendations,                     implementation of the United States-
                                                redacted/blacked out, will be available                 (4) hold a meeting at which the public                European Union Good Manufacturing


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                                                49382                     Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

                                                Practice Inspection Mutual Recognition                  NADA application cohort with a 180-                   adjustment up to the amount of excess
                                                Agreement. All other commitments                        day review timeframe.                                 collections in the second preceding
                                                related to pre-approval inspections will                   The Agency will review and act on 90               fiscal year. The first fiscal year this
                                                remain the same as ADUFA III.                           percent of resubmissions of previously                provision could be applied while setting
                                                   The Agency will review and act on 90                 completed Environmental Impact                        fees is FY 2021. Likewise, the proposal
                                                percent of qualifying Animal Drug                       technical sections within 60 days after               also provides authority to the Secretary
                                                Availability Act (ADAA) combination                     the submission date where:                            to reduce an increase in fees to recover
                                                medicated feed applications within 60                      • A categorical exclusion was issued;              a shortfall in collections in a preceding
                                                days after the submission date when all                    • All other technical sections have                year (after 2018) by any remaining prior
                                                of the following conditions are met:                    been submitted; and                                   year excess collections not already
                                                   • Basic regulatory requirements for an                  • Information contained in the other               applied for purposes of reducing fee
                                                ADAA combination medicated feed                         technical sections reveals a change in                increases.
                                                application has been met as outlined in                 the conditions of use of the previously
                                                                                                        issued categorical exclusion.                         D. Impact of ADUFA IV Enhancements
                                                21 CFR 514.4(c)(2)(ii).
                                                                                                                                                              on User Fee Revenue
                                                   • A presubmission conference has                        The Agency will conduct 90 percent
                                                been conducted and either:                              of qualifying presubmission conferences                  The FY 2019 baseline for ADUFA IV
                                                   Æ No data (no tissue residue non-                    within a 60-day timeframe when all of                 is $30,331,240, which includes a
                                                interference study is required) are                     the following conditions are met:                     $400,000 one-time cost for information
                                                needed and this agreement is                               • All background materials, including              technology enhancement. For each year
                                                documented in the memorandum of                         presentations, have been submitted, and               from FY 2020 through FY 2023, the
                                                conference for the presubmission                           • A complete agenda has been agreed                annual statutory revenue amounts
                                                conference; or                                          upon by the Agency and the sponsor.                   established in section 741(b) of the
                                                   Æ A justification for not conducting a                  A sponsor and the Agency can                       FD&C Act (21 U.S.C. 379j–21(b)) will be
                                                tissue residue non-interference study                   mutually agree to exclude a particular                further adjusted by the inflation
                                                has been submitted, reviewed, and                       presubmission conference from this                    adjuster, the workload adjuster, if
                                                found acceptable under an                               performance goal. If a sponsor accepts a              applicable, and will include $900,000
                                                investigational new animal drug (INAD),                 date beyond the 60-day timeframe for                  per year for tissue method trials.
                                                prior to the submission of the ADAA                     their scheduling purposes or is unable                   The total 5-year revenue planned for
                                                combination medicated feed                              to meet with the Agency on Agency                     ADUFA I was $47,000,000. The total 5-
                                                application; or                                         available dates, the submission will be               year revenue planned for ADUFA II was
                                                   Æ A tissue residue non-interference                  excluded from the presubmission                       $98,000,000. The total 5-year revenue
                                                study has been submitted, reviewed,                     conference cohort.                                    planned for ADUFA III was
                                                and found acceptable under an INAD,                        The Agency will commence 90                        $114,000,000. It is estimated that the
                                                prior to the submission of the ADAA                     percent of tissue residue method                      total 5-year revenue for ADUFA IV will
                                                combination medicated feed                              demonstrations within 120 days of                     be $150,000,000.
                                                application.                                            completion of the 3-hour meeting                         The fee revenue distribution in
                                                   • No effectiveness or target animal                  process or within 200 days from the                   ADUFA IV will remain the same as
                                                safety data are required.                               receipt of a submission that supports a               ADUFA III: 20 percent from application
                                                   • No manufacturing data                              single laboratory validation tissue                   fees; 27 percent from product fees; 26
                                                requirements—sponsor can address in                     residue method demonstration.                         percent from establishment fees; and 27
                                                meeting assay non-interference, but data                                                                      percent from sponsor fees.
                                                                                                        B. Inflation Adjuster and Workload
                                                submission is not required.                                                                                     Dated: October 20, 2017.
                                                   • All other information is referenced                Adjuster
                                                                                                                                                              Leslie Kux,
                                                to previous drug experience reports.                      The inflation adjuster will remain the
                                                                                                                                                              Associate Commissioner for Policy.
                                                   • Sponsor makes submission and it                    same as for ADUFA III.
                                                                                                          The workload adjustment will                        [FR Doc. 2017–23172 Filed 10–24–17; 8:45 am]
                                                includes: Representative (Blue Bird)
                                                labeling, Veterinary Feed Directive (if                 continue to be calculated per Center for              BILLING CODE 4164–01–P

                                                applicable).                                            Veterinary Medicine Program Policy
                                                   • Includes a request for categorical                 and Procedures Manual 1243.3022,
                                                                                                        except that, for purposes of calculating              DEPARTMENT OF HEALTH AND
                                                exclusion from the need to prepare an
                                                                                                        the workload adjustment, it has been                  HUMAN SERVICES
                                                environmental assessment (EA); i.e., no
                                                EA required.                                            agreed to reset the base years to fiscal              Food and Drug Administration
                                                   • Reference to presubmission                         year (FY) 2014 through FY 2018. There
                                                conference.                                             will be no workload adjustment for FY                 [Docket No. FDA–2016–D–2021]
                                                   • Right of reference (if applicable) to              2019. Workload adjustments are one-
                                                NADA(s) not owned by the filing                         time adjustments and are calculated                   Deciding When To Submit a 510(k) for
                                                sponsor of the ADAA combination                         annually.                                             a Software Change to an Existing
                                                medicated feed application has been                                                                           Device; Guidance for Industry and
                                                                                                        C. Offset Provision and Excess                        Food and Drug Administration Staff;
                                                received by the Agency.
                                                   The Agency will review and act on 90                 Collections                                           Availability
                                                percent of ADAA combination                                The proposal adds financial flexibility            AGENCY:    Food and Drug Administration,
                                                                                                        by eliminating the final year offset of
sradovich on DSK3GMQ082PROD with NOTICES




                                                medicated feed applications within 100                                                                        HHS.
                                                days for those applications accepted for                over collections provision and making                 ACTION:   Notice of availability.
                                                the 60-day timeframe and there is a                     any excess collections available to
                                                need for minor amendments.                              enhance the review process in real time.              SUMMARY:  The Food and Drug
                                                   If any of the above conditions cannot                The proposal provides authority for the               Administration (FDA or Agency) is
                                                be met, the ADAA combination                            Secretary of Health and Human Services                announcing the availability of the
                                                medicated feed application performance                  (the Secretary) when setting fees to                  guidance entitled ‘‘Deciding When to
                                                metric will be placed in the original                   reduce a calculated workload                          Submit a 510(k) for a Software Change


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Document Created: 2017-10-25 01:17:28
Document Modified: 2017-10-25 01:17:28
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 ADUFA 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 49380 

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