82_FR_53725 82 FR 53505 - Assessing User Fees Under the Biosimilar User Fee Amendments of 2017; Draft Guidance for Industry; Availability

82 FR 53505 - Assessing User Fees Under the Biosimilar User Fee Amendments of 2017; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53505-53507
FR Document2017-24831

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Assessing User Fees Under the Biosimilar User Fee Amendments of 2017.'' This draft guidance concerns FDA's implementation of the Biosimilar User Fee Amendments of 2017 (BsUFA II) and certain intended changes in policies and procedures surrounding its application.

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53505-53507]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24831]



[[Page 53505]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6209]


Assessing User Fees Under the Biosimilar User Fee Amendments of 
2017; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Assessing 
User Fees Under the Biosimilar User Fee Amendments of 2017.'' This 
draft guidance concerns FDA's implementation of the Biosimilar User Fee 
Amendments of 2017 (BsUFA II) and certain intended changes in policies 
and procedures surrounding its application.

DATES: Submit either electronic or written comments on the draft 
guidance by January 16, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

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-2017-D-6209 for ``Assessing User Fees Under the Biosimilar User Fee 
Amendments of 2017.'' Received comments 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the 
Office of Communication, Outreach, and Development, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. 
Send one self-addressed adhesive label to assist that office in 
processing your requests. See the SUPPLEMENTARY INFORMATION section for 
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Beena Alex, Division of User Fee 
Management and Budget Formulation, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., Rm. 
2185, Silver Spring, MD 20993, 301-796-7900, 
[email protected]; or to Stephen Ripley, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Assessing User Fees Under the Biosimilar User Fee Amendments 
of 2017.'' This draft guidance concerns the implementation of BsUFA II, 
including an explanation about the new fee structure and types of fees 
for which entities are responsible. BsUFA II extends FDA's authority to 
collect user fees from fiscal year 2018 to 2022 and introduces a number 
of technical revisions that affect what fees are collected and how fees 
are collected. Fees authorized by this legislation help fund the 
process for the review of biosimilar biological product applications 
and have played an important role in expediting the review and approval 
process.
    BsUFA II authorizes biosimilar biological product development

[[Page 53506]]

program fees (BPD fees), biosimilar biological product application 
fees, and biosimilar biological product program fees. This draft 
guidance describes when these fees are incurred and the process by 
which applicants can submit payments. The draft guidance also provides 
information on consequences of failing to pay BsUFA II fees and the 
processes for submitting reconsideration and appeal requests.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on assessing user 
fees under BsUFA II. It does not establish any rights for any person 
and is not binding on FDA or the public. You can use an alternative 
approach if it satisfies the requirements of the applicable statutes 
and regulations. This guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 
3501-3520), Federal Agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct or sponsor. ``Collection of information'' is defined in 44 
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. Section 3506(c)(2)(A) of the 
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 
60-day notice in the Federal Register concerning each proposed 
collection of information before submitting the collection to OMB for 
approval. To comply with this requirement, FDA is publishing notice of 
the proposed collection of information set forth in this document.
    With respect to the collection of information associated with this 
document, FDA invites comments on these topics: (1) Whether the 
proposed collection of information is necessary for the proper 
performance of FDA's functions, including whether the information will 
have practical utility; (2) the accuracy of FDA's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques, when appropriate, and other forms of information 
technology.

Assessing User Fees Under the Biosimilar User Fee Amendments of 2017: 
Draft Guidance for Industry

OMB Control Number 0910--NEW

    This information collection supports ``Assessing User Fees Under 
the Biosimilar User Fee Amendments of 2017: Draft Guidance for 
Industry.'' The Federal Food, Drug, and Cosmetic Act as amended by the 
Biosimilar User Fee Act of 2012 and recently renewed in 2017 (BsUFA II) 
under the FDA Reauthorization Act of 2017, authorizes FDA to assess and 
collect user fees from companies that produce biosimilar biological 
products in conjunction with the review of biosimilar biological 
product applications. The draft guidance includes processing and 
policies for the initial and the annual BPD fees; the BPD 
discontinuation process requirements and BPD reactivation fees; process 
and policies for biosimilar biological product application fees 
including exceptions to the application fees and refund of fees; 
process and policies for the small business waiver of the biosimilar 
application fee; and implementation of the biosimilar biological 
product program fee.
    The burdens associated with requesting a small business waiver of 
BsUFA fees and the associated burdens for new activities as noted in 
the draft guidance are listed in table 1.
    FDA estimates the annual burden of these new collections of 
information as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                     Number of       Number of     Total  annual    burden per
            Activity                respondents    responses per     responses       response      Total  hours
                                                    respondent                        (hours)
----------------------------------------------------------------------------------------------------------------
Request for discontinuation from               2               1               2               1               2
 BPD program....................
Request to move products to                    5               1               5              .5             2.5
 discontinued section of the
 biosimilar list................
Small business waiver of the                   1               1               1              16              16
 BsUFA application fee..........
    --Reconsiderations..........               1               1               1              24              24
    --Appeals...................               1               1               1              12              12
Annual Fee Determination Survey.              35               1              35               1              35
Annual BsUFA Fees Correspondence              35               1              35               2              70
                                 -------------------------------------------------------------------------------
        Total...................  ..............  ..............  ..............  ..............           161.5
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    This draft guidance also refers to previously approved collections 
of information found in FDA forms developed to support its user fee 
program. Specifically, the draft guidance refers to Form FDA 3792, Form 
FDA 3913, and Form FDA 3971, which have been approved under OMB control 
numbers 0910-0718, 0910-0805, and 0910-0693, respectively. The draft 
guidance also refers to previously approved collections of information 
found in FDA regulations. The collections of information in 21 CFR part 
312 are currently approved under OMB control number 0910-0014; the 
collections of information regarding new drug applications and 
biologics license applications are approved under OMB control numbers 
0910-0001 and 0910-0338, respectively.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance 
at either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://
www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/

[[Page 53507]]

default.htm, or https://www.regulations.gov.

    Dated: November 13, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24831 Filed 11-15-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                          53505

                                                    DEPARTMENT OF HEALTH AND                                Written/Paper Submissions                             docket number, found in brackets in the
                                                    HUMAN SERVICES                                             Submit written/paper submissions as                heading of this document, into the
                                                                                                            follows:                                              ‘‘Search’’ box and follow the prompts
                                                    Food and Drug Administration                               • Mail/Hand delivery/Courier (for                  and/or go to the Dockets Management
                                                                                                            written/paper submissions): Dockets                   Staff, 5630 Fishers Lane, Rm. 1061,
                                                    [Docket No. FDA–2017–D–6209]                            Management Staff (HFA–305), Food and                  Rockville, MD 20852.
                                                                                                            Drug Administration, 5630 Fishers                        You may submit comments on any
                                                    Assessing User Fees Under the                           Lane, Rm. 1061, Rockville, MD 20852.                  guidance at any time (see 21 CFR
                                                    Biosimilar User Fee Amendments of                          • For written/paper comments                       10.115(g)(5)).
                                                    2017; Draft Guidance for Industry;                      submitted to the Dockets Management                      Submit written requests for single
                                                    Availability                                            Staff, FDA will post your comment, as                 copies of the draft guidance to the
                                                                                                            well as any attachments, except for                   Division of Drug Information, Center for
                                                    AGENCY:    Food and Drug Administration,                                                                      Drug Evaluation and Research, Food
                                                    HHS.                                                    information submitted, marked and
                                                                                                            identified, as confidential, if submitted             and Drug Administration, 10001 New
                                                    ACTION:   Notice of availability.                       as detailed in ‘‘Instructions.’’                      Hampshire Ave., Hillandale Building,
                                                                                                               Instructions: All submissions received             4th Floor, Silver Spring, MD 20993–
                                                    SUMMARY:   The Food and Drug                                                                                  0002; or to the Office of
                                                    Administration (FDA or Agency) is                       must include the Docket No. FDA–
                                                                                                            2017–D–6209 for ‘‘Assessing User Fees                 Communication, Outreach, and
                                                    announcing the availability of a draft                                                                        Development, Center for Biologics
                                                    guidance for industry entitled                          Under the Biosimilar User Fee
                                                                                                            Amendments of 2017.’’ Received                        Evaluation and Research, Food and
                                                    ‘‘Assessing User Fees Under the                                                                               Drug Administration, 10903 New
                                                    Biosimilar User Fee Amendments of                       comments will be placed in the docket
                                                                                                            and, except for those submitted as                    Hampshire Ave., Bldg. 71, Rm. 3128,
                                                    2017.’’ This draft guidance concerns                                                                          Silver Spring, MD 20993–0002. Send
                                                    FDA’s implementation of the Biosimilar                  ‘‘Confidential Submissions,’’ publicly
                                                                                                            viewable at https://www.regulations.gov               one self-addressed adhesive label to
                                                    User Fee Amendments of 2017 (BsUFA                                                                            assist that office in processing your
                                                    II) and certain intended changes in                     or at the Dockets Management Staff
                                                                                                            between 9 a.m. and 4 p.m., Monday                     requests. See the SUPPLEMENTARY
                                                    policies and procedures surrounding its                                                                       INFORMATION section for electronic
                                                    application.                                            through Friday.
                                                                                                               • Confidential Submissions—To                      access to the draft guidance document.
                                                    DATES: Submit either electronic or                      submit a comment with confidential                    FOR FURTHER INFORMATION CONTACT:
                                                    written comments on the draft guidance                  information that you do not wish to be                Beena Alex, Division of User Fee
                                                    by January 16, 2018 to ensure that the                  made publicly available, submit your                  Management and Budget Formulation,
                                                    Agency considers your comment on this                   comments only as a written/paper                      Center for Drug Evaluation and
                                                    draft guidance before it begins work on                 submission. You should submit two                     Research, Food and Drug
                                                    the final version of the guidance.                      copies total. One copy will include the               Administration, 10001 New Hampshire
                                                    ADDRESSES: You may submit comments                      information you claim to be confidential              Ave., Rm. 2185, Silver Spring, MD
                                                    on any guidance at any time as follows:                 with a heading or cover note that states              20993, 301–796–7900,
                                                                                                            ‘‘THIS DOCUMENT CONTAINS                              CDERCollections@fda.hhs.gov; or to
                                                    Electronic Submissions
                                                                                                            CONFIDENTIAL INFORMATION.’’ The                       Stephen Ripley, Center for Biologics
                                                      Submit electronic comments in the                     Agency will review this copy, including               Evaluation and Research, Food and
                                                    following way:                                          the claimed confidential information, in              Drug Administration, 10903 New
                                                      • Federal eRulemaking Portal:                         its consideration of comments. The                    Hampshire Ave., Bldg. 71, Rm. 7301,
                                                    https://www.regulations.gov. Follow the                 second copy, which will have the                      Silver Spring, MD 20993–0002, 240–
                                                    instructions for submitting comments.                   claimed confidential information                      402–7911.
                                                    Comments submitted electronically,                      redacted/blacked out, will be available               SUPPLEMENTARY INFORMATION:
                                                    including attachments, to https://                      for public viewing and posted on
                                                    www.regulations.gov will be posted to                   https://www.regulations.gov. Submit                   I. Background
                                                    the docket unchanged. Because your                      both copies to the Dockets Management                    FDA is announcing the availability of
                                                    comment will be made public, you are                    Staff. If you do not wish your name and               a draft guidance for industry entitled
                                                    solely responsible for ensuring that your               contact information to be made publicly               ‘‘Assessing User Fees Under the
                                                    comment does not include any                            available, you can provide this                       Biosimilar User Fee Amendments of
                                                    confidential information that you or a                  information on the cover sheet and not                2017.’’ This draft guidance concerns the
                                                    third party may not wish to be posted,                  in the body of your comments and you                  implementation of BsUFA II, including
                                                    such as medical information, your or                    must identify this information as                     an explanation about the new fee
                                                    anyone else’s Social Security number, or                ‘‘confidential.’’ Any information marked              structure and types of fees for which
                                                    confidential business information, such                 as ‘‘confidential’’ will not be disclosed             entities are responsible. BsUFA II
                                                    as a manufacturing process. Please note                 except in accordance with 21 CFR 10.20                extends FDA’s authority to collect user
                                                    that if you include your name, contact                  and other applicable disclosure law. For              fees from fiscal year 2018 to 2022 and
                                                    information, or other information that                  more information about FDA’s posting                  introduces a number of technical
                                                    identifies you in the body of your                      of comments to public dockets, see 80                 revisions that affect what fees are
                                                    comments, that information will be
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            FR 56469, September 18, 2015, or access               collected and how fees are collected.
                                                    posted on https://www.regulations.gov.                  the information at: https://www.gpo.gov/              Fees authorized by this legislation help
                                                      • If you want to submit a comment                     fdsys/pkg/FR-2015-09-18/pdf/2015-                     fund the process for the review of
                                                    with confidential information that you                  23389.pdf.                                            biosimilar biological product
                                                    do not wish to be made available to the                    Docket: For access to the docket to                applications and have played an
                                                    public, submit the comment as a                         read background documents or the                      important role in expediting the review
                                                    written/paper submission and in the                     electronic and written/paper comments                 and approval process.
                                                    manner detailed (see ‘‘Written/Paper                    received, go to https://                                 BsUFA II authorizes biosimilar
                                                    Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                    biological product development


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                                                    53506                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    program fees (BPD fees), biosimilar                                        Section 3506(c)(2)(A) of the PRA (44                                        Biosimilar User Fee Amendments of
                                                    biological product application fees, and                                   U.S.C. 3506(c)(2)(A)) requires Federal                                      2017: Draft Guidance for Industry.’’ The
                                                    biosimilar biological product program                                      Agencies to provide a 60-day notice in                                      Federal Food, Drug, and Cosmetic Act
                                                    fees. This draft guidance describes when                                   the Federal Register concerning each                                        as amended by the Biosimilar User Fee
                                                    these fees are incurred and the process                                    proposed collection of information                                          Act of 2012 and recently renewed in
                                                    by which applicants can submit                                             before submitting the collection to OMB                                     2017 (BsUFA II) under the FDA
                                                    payments. The draft guidance also                                          for approval. To comply with this                                           Reauthorization Act of 2017, authorizes
                                                    provides information on consequences                                       requirement, FDA is publishing notice                                       FDA to assess and collect user fees from
                                                    of failing to pay BsUFA II fees and the                                    of the proposed collection of                                               companies that produce biosimilar
                                                    processes for submitting reconsideration                                   information set forth in this document.                                     biological products in conjunction with
                                                    and appeal requests.                                                         With respect to the collection of
                                                       This draft guidance is being issued                                                                                                                 the review of biosimilar biological
                                                                                                                               information associated with this                                            product applications. The draft
                                                    consistent with FDA’s good guidance                                        document, FDA invites comments on
                                                    practices regulation (21 CFR 10.115).                                                                                                                  guidance includes processing and
                                                                                                                               these topics: (1) Whether the proposed
                                                    The draft guidance, when finalized, will                                                                                                               policies for the initial and the annual
                                                                                                                               collection of information is necessary
                                                    represent the current thinking of FDA                                                                                                                  BPD fees; the BPD discontinuation
                                                                                                                               for the proper performance of FDA’s
                                                    on assessing user fees under BsUFA II.                                     functions, including whether the                                            process requirements and BPD
                                                    It does not establish any rights for any                                   information will have practical utility;                                    reactivation fees; process and policies
                                                    person and is not binding on FDA or the                                    (2) the accuracy of FDA’s estimate of the                                   for biosimilar biological product
                                                    public. You can use an alternative                                         burden of the proposed collection of                                        application fees including exceptions to
                                                    approach if it satisfies the requirements                                  information, including the validity of                                      the application fees and refund of fees;
                                                    of the applicable statutes and                                             the methodology and assumptions used;                                       process and policies for the small
                                                    regulations. This guidance is not subject                                  (3) ways to enhance the quality, utility,                                   business waiver of the biosimilar
                                                    to Executive Order 12866.                                                  and clarity of the information to be                                        application fee; and implementation of
                                                    II. Paperwork Reduction Act of 1995                                        collected; and (4) ways to minimize the                                     the biosimilar biological product
                                                                                                                               burden of the collection of information                                     program fee.
                                                       Under the Paperwork Reduction Act
                                                                                                                               on respondents, including through the                                         The burdens associated with
                                                    of 1995 (the PRA) (44 U.S.C. 3501–
                                                                                                                               use of automated collection techniques,                                     requesting a small business waiver of
                                                    3520), Federal Agencies must obtain
                                                    approval from the Office of Management                                     when appropriate, and other forms of                                        BsUFA fees and the associated burdens
                                                    and Budget (OMB) for each collection of                                    information technology.                                                     for new activities as noted in the draft
                                                    information they conduct or sponsor.                                       Assessing User Fees Under the                                               guidance are listed in table 1.
                                                    ‘‘Collection of information’’ is defined                                   Biosimilar User Fee Amendments of                                             FDA estimates the annual burden of
                                                    in 44 U.S.C. 3502(3) and 5 CFR                                             2017: Draft Guidance for Industry                                           these new collections of information as
                                                    1320.3(c) and includes Agency requests                                                                                                                 follows:
                                                    or requirements that members of the                                        OMB Control Number 0910—NEW
                                                    public submit reports, keep records, or                                       This information collection supports
                                                    provide information to a third party.                                      ‘‘Assessing User Fees Under the

                                                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                                                       Average
                                                                                                                                                                              Number of                      Total
                                                                                                                                                   Number of                                                                         burden per              Total
                                                                                           Activity                                                                         responses per                   annual
                                                                                                                                                  respondents                                                                         response               hours
                                                                                                                                                                              respondent                  responses                    (hours)

                                                    Request for discontinuation from BPD program ..................                                                    2                          1                         2                           1             2
                                                    Request to move products to discontinued section of the
                                                      biosimilar list .....................................................................                           5                           1                        5                           .5            2.5
                                                    Small business waiver of the BsUFA application fee ..........                                                     1                           1                        1                          16             16
                                                        —Reconsiderations .......................................................                                     1                           1                        1                          24              24
                                                        —Appeals .....................................................................                                1                           1                        1                          12              12
                                                    Annual Fee Determination Survey .......................................                                          35                           1                       35                            1            35
                                                    Annual BsUFA Fees Correspondence ................................                                                35                           1                       35                            2             70

                                                                 Total .......................................................................   ........................   ........................   ........................   ........................       161.5
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      This draft guidance also refers to                                       approved collections of information                                         III. Electronic Access
                                                    previously approved collections of                                         found in FDA regulations. The
                                                    information found in FDA forms                                             collections of information in 21 CFR                                          Persons with access to the Internet
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    developed to support its user fee                                          part 312 are currently approved under                                       may obtain the draft guidance at either
                                                    program. Specifically, the draft                                           OMB control number 0910–0014; the                                           https://www.fda.gov/Drugs/
                                                    guidance refers to Form FDA 3792,                                          collections of information regarding                                        GuidanceCompliance
                                                    Form FDA 3913, and Form FDA 3971,                                          new drug applications and biologics                                         RegulatoryInformation/Guidances/
                                                    which have been approved under OMB                                         license applications are approved under                                     default.htm, https://www.fda.gov/
                                                    control numbers 0910–0718, 0910–0805,                                      OMB control numbers 0910–0001 and                                           BiologicsBloodVaccines/
                                                    and 0910–0693, respectively. The draft                                     0910–0338, respectively.                                                    GuidanceCompliance
                                                    guidance also refers to previously                                                                                                                     RegulatoryInformation/Guidances/



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                                                                              Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                            53507

                                                    default.htm, or https://                                insert the docket number, found in                    in the Federal Register of December 31,
                                                    www.regulations.gov.                                    brackets in the heading of this                       1984 (49 FR 50788), the Office of the
                                                      Dated: November 13, 2017.                             document, into the ‘‘Search’’ box and                 Commissioner granted the hearing
                                                    Anna K. Abram,
                                                                                                            follow the prompts and/or go to the                   request. Following the submission of
                                                                                                            Dockets Management Staff, 5630 Fishers                written testimony and documentary
                                                    Deputy Commissioner for Policy, Planning,
                                                                                                            Lane, Rm. 1061, Rockville, MD 20852                   evidence, an ALJ, Daniel J. Davidson,
                                                    Legislation, and Analysis.
                                                                                                            between 9 a.m. and 4 p.m., Monday                     conducted a hearing from January 14 to
                                                    [FR Doc. 2017–24831 Filed 11–15–17; 8:45 am]
                                                                                                            through Friday. Publicly available                    17, 1986. He issued his Initial Decision
                                                    BILLING CODE 4164–01–P
                                                                                                            submissions may be seen in the docket.                on December 4, 1987. The ALJ found
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      that: (1) The effectiveness of MFC had
                                                                                                            Rachael Vieder Linowes, Office of                     not been proven by substantial evidence
                                                    DEPARTMENT OF HEALTH AND
                                                                                                            Scientific Integrity, Food and Drug                   of adequate and well-controlled clinical
                                                    HUMAN SERVICES                                                                                                trials, (2) the requirements of the
                                                                                                            Administration, 10903 New Hampshire
                                                    Food and Drug Administration                            Ave., Bldg. 1, Rm. 4206, Silver Spring,               combination drug policy had not been
                                                                                                            MD 20993, 240–402–5931.                               met, and (3) MFC is a new drug under
                                                    [Docket No. FDA–1981–N–0245 (Formerly                                                                         21 U.S.C. 321(p). Wyeth timely
                                                    81N–0080)]                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  appealed the ALJ’s Initial Decision by
                                                                                                            I. Background                                         filing exceptions with the Commissioner
                                                    Mepergan Fortis Capsules; Final                                                                               under 21 CFR 12.125.
                                                    Decision on Proposal To Refuse                             In 1962, the Federal Food, Drug, and
                                                                                                                                                                     On August 23, 2017, FDA sent a letter
                                                    Approval of Supplemental New Drug                       Cosmetic Act (the FD&C Act) was
                                                                                                                                                                  to West-Ward Pharmaceuticals
                                                    Application; Availability of Final                      amended by the Drug Amendments Act
                                                                                                                                                                  Corporation (West-Ward), successor to
                                                    Decision                                                of 1962, and these amendments
                                                                                                                                                                  Wyeth, to determine whether West-
                                                                                                            provided that new drugs could no
                                                    AGENCY:    Food and Drug Administration;                                                                      Ward remained interested in pursuing
                                                                                                            longer be approved unless both safety                 its appeal of the ALJ’s Initial Decision.
                                                    HHS.                                                    and efficacy had been established for                 FDA informed the company that if it did
                                                    ACTION:   Notice.                                       them. As amended, the FD&C Act also                   not respond and affirm its desire to
                                                                                                            required FDA to evaluate drugs                        pursue its appeal by September 21,
                                                    SUMMARY:   The Food and Drug                            approved as safe between 1938 and
                                                    Administration (FDA or the Agency) is                                                                         2017, the Office of the Commissioner
                                                                                                            1962 to determine whether such drugs                  would conclude that West-Ward no
                                                    announcing that the Initial Decision of                 were effective and to withdraw approval
                                                    the Administrative Law Judge (ALJ), to                                                                        longer wishes to pursue the appeal of
                                                                                                            for any new drug application (NDA)                    the ALJ’s Initial Decision and will
                                                    refuse approval of the supplemental                     where there was not substantial
                                                    new drug application (sNDA) for                                                                               proceed as if the appeal has been
                                                                                                            evidence of the drug’s effectiveness. The             withdrawn. The Office of the
                                                    Mepergan Fortis Capsules (MFC)                          person contesting the withdrawal of the
                                                    (meperidine HCl, promethazine HCl), is                                                                        Commissioner did not receive a
                                                                                                            approval had the burden of coming                     response from West-Ward by the given
                                                    the final decision of the Commissioner                  forward with evidence of effectiveness
                                                    by operation of law. In the Initial                                                                           date; therefore, the Commissioner now
                                                                                                            for the drug. FDA’s review of these pre-              deems the exceptions withdrawn.
                                                    Decision, the ALJ found that MFC had                    1962 drugs is known as the Drug
                                                    not been shown to be supported by                       Efficacy Study Implementation (DESI)                  II. Conclusion and Order
                                                    substantial evidence consisting of                      program.                                                 Given that the exceptions have been
                                                    adequate and well-controlled studies to                    In a document published in the                     deemed withdrawn, this proceeding is
                                                    be effective for sedation and analgesia in              Federal Register of April 20, 1972 (37                now in the same procedural posture as
                                                    patients with concurrent moderate pain                  FR 7827), after evaluating reports                    if no exceptions had ever been filed.
                                                    and apprehension, such as                               received from the National Academy of                 When parties do not file exceptions to
                                                    postoperative and post-trauma patients                  Sciences/National Research Council,                   the ALJ’s Initial Decision, and the
                                                    with those symptoms; that the drug did                  Drug Efficacy Study Group, and other                  Commissioner does not file a notice of
                                                    not satisfy the combination drug policy;                available evidence, FDA classified MFC                review, the ALJ’s Initial Decision
                                                    and that it is a ‘‘new drug.’’ The sNDA                 as ‘‘possibly effective’’ for moderate to             becomes the final decision of the
                                                    applicant filed exceptions to the ALJ’s                 moderately severe pain. This document                 Commissioner (see 21 CFR 12.120(e)).
                                                    Initial Decision. FDA recently requested                also stated that no NDA had been                      FDA will publish a notice in the Federal
                                                    that the current owner of the sNDA                      approved or deemed approved for MFC                   Register when an initial decision
                                                    application affirm its desire to pursue                 and that additional evidence needed to                becomes the final decision of the
                                                    the appeal of the ALJ’s Initial Decision;               be submitted to FDA to establish MFC’s                Commissioner without appeal to or
                                                    however, the applicant did not affirm its               effectiveness. Thereafter, Wyeth, a                   review by the Commissioner (see 21
                                                    desire to pursue the appeal within the                  division of American Home Products                    CFR 12.120(f)).
                                                    specified timeframe. Accordingly, FDA                   (Wyeth), submitted a supplement to its                   Therefore, the ALJ’s Initial Decision is
                                                    now deems those exceptions as                           approved NDA 11–730 (Mepergan                         the final decision of the Commissioner
                                                    withdrawn. Consequently, the                            Injection) for MFC (NDA 11–730, S–                    effective November 16, 2017. Pursuant
                                                    proceeding is in the same procedural                    003). In a document published in the                  to the findings in the ALJ’s Initial
                                                    position as if no exceptions to the ALJ’s
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            Federal Register of September 18, 1981                Decision, under section 505(d) of the
                                                    Initial Decision had been filed;                        (46 FR 46404), the Director of the                    FD&C Act (21 U.S.C. 355(d)) and under
                                                    therefore, the ALJ’s Initial Decision has               Bureau of Drugs (now the Center for                   the authority delegated by the Secretary
                                                    become the final decision of the                        Drug Evaluation and Research)                         of Health and Human Services, the
                                                    Commissioner by operation of law.                       proposed to refuse approval of the                    Commissioner finds that there is a lack
                                                    DATES: This final decision is effective                 sNDA and offered Wyeth the                            of substantial evidence that MFC will
                                                    November 16, 2017.                                      opportunity for a hearing.                            have the effect it purports or is
                                                    ADDRESSES: For access to the docket, go                    Wyeth submitted its request for a                  represented to have under the
                                                    to https://www.regulations.gov and                      hearing and, by a document published                  conditions of use prescribed,


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Document Created: 2017-11-16 03:53:46
Document Modified: 2017-11-16 03:53:46
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.
DatesSubmit either electronic or written comments on the draft guidance by January 16, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactBeena Alex, Division of User Fee Management and Budget Formulation, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Rm. 2185, Silver Spring, MD 20993, 301-796-7900, [email protected]; or to Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240- 402-7911.
FR Citation82 FR 53505 

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