82_FR_58225 82 FR 57990 - Prescription Drug User Fee Act VI Commitment To Assess Current Practices of the Food and Drug Administration and Sponsors in Communicating During Investigational New Drug Development; Establishment of a Public Docket; Request for Comments

82 FR 57990 - Prescription Drug User Fee Act VI Commitment To Assess Current Practices of the Food and Drug Administration and Sponsors in Communicating During Investigational New Drug Development; Establishment of a Public Docket; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range57990-57991
FR Document2017-26437

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the statement of work to assess current practices of FDA and sponsors in communicating during investigational new drug (IND) development and identify best practices and areas of improvement. The independent assessment is part of FDA performance commitments under the recent reauthorization of the Prescription Drug User Fee Act (PDUFA). The independent assessment of current practices of FDA and sponsors in communicating during drug development is described in detail in the document entitled ``PDUFA Reauthorization Performance Goals and Procedures Fiscal Years 2018 Through 2022'' available at https://www.fda.gov/downloads/forindustry/ userfees/prescriptiondruguserfee/ucm511438.pdf. As part of FDA performance commitments described in this document, the assessment will be conducted by an independent contractor. FDA is providing for public comment on the statement of work before revising and requesting contractor proposals.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 57990-57991]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26437]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-6313]


Prescription Drug User Fee Act VI Commitment To Assess Current 
Practices of the Food and Drug Administration and Sponsors in 
Communicating During Investigational New Drug Development; 
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the statement of work to assess 
current practices of FDA and sponsors in communicating during 
investigational new drug (IND) development and identify best practices 
and areas of improvement. The independent assessment is part of FDA 
performance commitments under the recent reauthorization of the 
Prescription Drug User Fee Act (PDUFA). The independent assessment of 
current practices of FDA and sponsors in communicating during drug 
development is described in detail in the document entitled ``PDUFA 
Reauthorization Performance Goals and Procedures Fiscal Years 2018 
Through 2022'' available at https://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm511438.pdf. As part of FDA 
performance commitments described in this document, the assessment will 
be conducted by an independent contractor. FDA is providing for public 
comment on the statement of work before revising and requesting 
contractor proposals.

DATES: Submit either electronic or written comments by January 22, 
2018.

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 January 22, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of January 22, 2018. 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.
    You may submit comments 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,

[[Page 57991]]

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-N-6313 for ``Prescription Drug User Fee Act VI Commitment to 
Assess Current Practices of the Food and Drug Administration and 
Sponsors in Communicating During Investigational New Drug 
Development.'' 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: Yoni Tyberg, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 1151, Silver Spring, MD 20993, 301-348-
1718, Fax: 301-847-8443, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The IND phase of drug development is the time during which human 
trials of investigational drugs are conducted. During the IND phase, 
sponsors and FDA engage in many types of communications. To ensure the 
effectiveness of human drug review programs, it is critical that these 
communications be conducted in a timely and efficient manner.
    The timely review of the safety and effectiveness of new drugs and 
biologics is central to FDA's mission to protect and promote the public 
health. Prior to enactment of PDUFA in 1992, FDA's drug review process 
was relatively slow and not very predictable compared to that of other 
countries. Due to concerns expressed by both industry and patients at 
the time, Congress enacted PDUFA, which provided the added funds 
through user fees that enabled FDA to hire additional reviewers and 
support staff and upgrade its information technology systems. In return 
for additional resources, FDA agreed to certain review performance 
goals, such as completing reviews of new drug applications and 
biologics license applications and taking regulatory actions on them in 
predictable timeframes. These changes revolutionized the drug approval 
process in the United States and enabled FDA to speed the application 
review process for new drugs and biologics without compromising the 
Agency's high standards for demonstration of safety, efficacy, and 
quality of new drugs and biologics prior to approval.
    PDUFA provides FDA with a source of stable, consistent funding that 
has made it possible for it to focus on promoting innovative therapies 
and help bring to market critical products for patients. When PDUFA was 
originally authorized in 1992, it had a 5-year term. The program has 
been subsequently reauthorized every 5 years with the most recent 
reauthorization occurring in 2017 for fiscal years (FYs) 2018-2022. To 
prepare for the 2017 reauthorization of PDUFA, FDA conducted 
negotiations with the regulated industry and held regular consultations 
with public stakeholders including patient advocates, consumer 
advocates, and health care professionals between September 2015 and 
February 2016. Following these discussions, related public meetings, 
and Agency requests for public comment, FDA published proposed 
recommendations for PDUFA VI for FYs 2018-2022. FDA committed under 
PDUFA VI to contract with an independent third party to assess current 
practices of FDA and sponsors in communicating during IND development 
and to identify best practices and areas of improvement.
    The statement of work can be accessed at https://www.fda.gov/downloads/ForIndustry/UserFees/PrescriptionDrugUserFee/UCM577087.pdf.

    Dated: December 4, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-26437 Filed 12-7-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                57990                        Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices

                                                   Registration is free and based on                    requested to register all participants, but           ACTION: Notice; establishment of a
                                                space availability, with priority given to              to view using one connection per                      public docket; request for comments.
                                                early registrants. Persons interested in                location.
                                                attending this public workshop must                                                                           SUMMARY:    The Food and Drug
                                                                                                           If you have never attended a Connect
                                                register by January 18, 2018, 4 p.m.                                                                          Administration (FDA) is announcing an
                                                                                                        Pro event before, test your connection at
                                                Eastern Time. Early registration is                                                                           opportunity for public comment on the
                                                                                                        https://collaboration.fda.gov/common/
                                                recommended because seating is                                                                                statement of work to assess current
                                                                                                        help/en/support/meeting_test.htm. To
                                                limited; therefore, FDA may limit the                                                                         practices of FDA and sponsors in
                                                                                                        get a quick overview of the Connect Pro
                                                number of participants from each                                                                              communicating during investigational
                                                                                                        program, visit http://www.adobe.com/
                                                organization. Registrants will receive                                                                        new drug (IND) development and
                                                                                                        go/connectpro_overview. FDA has
                                                confirmation when they have been                                                                              identify best practices and areas of
                                                                                                        verified the Web site addresses in this
                                                accepted. If time and space permit,                                                                           improvement. The independent
                                                                                                        document, as of the date this document                assessment is part of FDA performance
                                                onsite registration on the day of the                   publishes in the Federal Register, but
                                                public workshop will be provided                                                                              commitments under the recent
                                                                                                        Web sites are subject to change over                  reauthorization of the Prescription Drug
                                                beginning at 7:30 a.m. We will let                      time.
                                                registrants know if registration closes                                                                       User Fee Act (PDUFA). The
                                                                                                           Transcripts: Please be advised that as             independent assessment of current
                                                before the day of the public workshop.                  soon as a transcript of the public
                                                   If you need special accommodations                                                                         practices of FDA and sponsors in
                                                                                                        workshop is available, it will be                     communicating during drug
                                                due to a disability, please contact Susan               accessible at https://
                                                Monahan, Center for Devices and                                                                               development is described in detail in
                                                                                                        www.regulations.gov. It may be viewed                 the document entitled ‘‘PDUFA
                                                Radiological Health, Food and Drug                      at the Dockets Management Staff (see
                                                Administration, 10903 New Hampshire                                                                           Reauthorization Performance Goals and
                                                                                                        ADDRESSES). A link to the transcript will             Procedures Fiscal Years 2018 Through
                                                Ave., Bldg. 32, Rm. 5231, Silver Spring,
                                                                                                        also be available on the Internet at                  2022’’ available at https://www.fda.gov/
                                                MD 20993–0002, 301–796–5661 or
                                                                                                        https://www.fda.gov/MedicalDevices/                   downloads/forindustry/userfees/
                                                email: Susan.Monahan@fda.hhs.gov, no
                                                                                                        NewsEvents/WorkshopsConferences/                      prescriptiondruguserfee/
                                                later than January 16, 2018.
                                                   Requests for Oral Presentations:                     default.htm.                                          ucm511438.pdf. As part of FDA
                                                During online registration, you may                     IV. Reference                                         performance commitments described in
                                                indicate if you wish to present during a                                                                      this document, the assessment will be
                                                public comment session and which                           The following reference is on display              conducted by an independent
                                                topic(s) you wish to address. We will do                at the Dockets Management Staff (see                  contractor. FDA is providing for public
                                                                                                        ADDRESSES), and is available for viewing              comment on the statement of work
                                                our best to accommodate requests to
                                                make public comments and requests to                    by interested persons between 9 a.m.                  before revising and requesting
                                                participate in the focused sessions.                    and 4 p.m., Monday through Friday; it                 contractor proposals.
                                                Individuals and organizations with                      is also available electronically at https://          DATES: Submit either electronic or
                                                common interests are urged to                           www.regulations.gov. FDA has verified                 written comments by January 22, 2018.
                                                consolidate or coordinate their                         the Web site addresses, as of the date                ADDRESSES: You may submit comments
                                                presentations, and request time for a                   this document publishes in the Federal                as follows. Please note that late,
                                                joint presentation, or submit requests for              Register, but Web sites are subject to                untimely filed comments will not be
                                                designated representatives to participate               change over time.                                     considered. Electronic comments must
                                                in the focused sessions. Following the                  1. FDA’s Digital Health Innovation Action             be submitted on or before January 22,
                                                close of registration, we will determine                    Plan issued on July 27, 2017 available at:        2018. The https://www.regulations.gov
                                                the amount of time allotted to each                         https://www.fda.gov/MedicalDevices/               electronic filing system will accept
                                                presenter and the approximate time                          DigitalHealth/UCM567265.
                                                                                                                                                              comments until midnight Eastern Time
                                                each oral presentation is to begin, and                   Dated: December 4, 2017.                            at the end of January 22, 2018.
                                                will select and notify participants by                  Leslie Kux,                                           Comments received by mail/hand
                                                January 19, 2018. All requests to make                  Associate Commissioner for Policy.                    delivery/courier (for written/paper
                                                oral presentations must be received by                  [FR Doc. 2017–26457 Filed 12–7–17; 8:45 am]           submissions) will be considered timely
                                                the close of registration on January 18,                                                                      if they are postmarked or the delivery
                                                                                                        BILLING CODE 4164–01–P
                                                2018, 4 p.m. If selected for presentation,                                                                    service acceptance receipt is on or
                                                any presentation materials must be                                                                            before that date.
                                                emailed to Maggie Fu at maggie.fu@                      DEPARTMENT OF HEALTH AND                                 You may submit comments as
                                                fda.hhs.gov no later than January 25,                   HUMAN SERVICES                                        follows:
                                                2018. No commercial or promotional
                                                material will be permitted to be                                                                              Electronic Submissions
                                                                                                        Food and Drug Administration
                                                presented or distributed at the public                                                                          Submit electronic comments in the
                                                workshop.                                               [Docket No. FDA–2017–N–6313]
                                                                                                                                                              following way:
                                                   Streaming Webcast of the Public                                                                              • Federal eRulemaking Portal:
                                                Workshop: This public workshop will                     Prescription Drug User Fee Act VI                     https://www.regulations.gov. Follow the
                                                also be webcast. The webcast link will                  Commitment To Assess Current                          instructions for submitting comments.
                                                be available on the registration Web                    Practices of the Food and Drug                        Comments submitted electronically,
                                                page after January 23, 2018. Please visit                                                                     including attachments, to https://
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Administration and Sponsors in
                                                FDA’s Medical Devices News &                            Communicating During Investigational                  www.regulations.gov will be posted to
                                                Events—Workshops & Conferences                          New Drug Development; Establishment                   the docket unchanged. Because your
                                                calendar (https://www.fda.gov/                          of a Public Docket; Request for                       comment will be made public, you are
                                                MedicalDevices/NewsEvents/                              Comments                                              solely responsible for ensuring that your
                                                WorkshopsConferences/default.htm)                                                                             comment does not include any
                                                and select this event from the list of                  AGENCY:    Food and Drug Administration,              confidential information that you or a
                                                items provided. Organizations are                       HHS.                                                  third party may not wish to be posted,


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                                                                             Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Notices                                                 57991

                                                such as medical information, your or                    Staff. If you do not wish your name and               actions on them in predictable
                                                anyone else’s Social Security number, or                contact information to be made publicly               timeframes. These changes
                                                confidential business information, such                 available, you can provide this                       revolutionized the drug approval
                                                as a manufacturing process. Please note                 information on the cover sheet and not                process in the United States and
                                                that if you include your name, contact                  in the body of your comments and you                  enabled FDA to speed the application
                                                information, or other information that                  must identify this information as                     review process for new drugs and
                                                identifies you in the body of your                      ‘‘confidential.’’ Any information marked              biologics without compromising the
                                                comments, that information will be                      as ‘‘confidential’’ will not be disclosed             Agency’s high standards for
                                                posted on https://www.regulations.gov.                  except in accordance with 21 CFR 10.20                demonstration of safety, efficacy, and
                                                  • If you want to submit a comment                     and other applicable disclosure law. For              quality of new drugs and biologics prior
                                                with confidential information that you                  more information about FDA’s posting                  to approval.
                                                do not wish to be made available to the                 of comments to public dockets, see 80                   PDUFA provides FDA with a source
                                                public, submit the comment as a                         FR 56469, September 18, 2015, or access               of stable, consistent funding that has
                                                written/paper submission and in the                     the information at: https://www.gpo.gov/              made it possible for it to focus on
                                                manner detailed (see ‘‘Written/Paper                    fdsys/pkg/FR-2015-09-18/pdf/2015-                     promoting innovative therapies and
                                                Submissions’’ and ‘‘Instructions’’).                    23389.pdf.                                            help bring to market critical products
                                                                                                           Docket: For access to the docket to                for patients. When PDUFA was
                                                Written/Paper Submissions
                                                                                                        read background documents or the                      originally authorized in 1992, it had a
                                                   Submit written/paper submissions as                  electronic and written/paper comments                 5-year term. The program has been
                                                follows:                                                received, go to https://                              subsequently reauthorized every 5 years
                                                   • Mail/Hand delivery/Courier (for                    www.regulations.gov and insert the                    with the most recent reauthorization
                                                written/paper submissions): Dockets                                                                           occurring in 2017 for fiscal years (FYs)
                                                                                                        docket number, found in brackets in the
                                                Management Staff (HFA–305), Food and                                                                          2018–2022. To prepare for the 2017
                                                                                                        heading of this document, into the
                                                Drug Administration, 5630 Fishers                                                                             reauthorization of PDUFA, FDA
                                                                                                        ‘‘Search’’ box and follow the prompts
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                          conducted negotiations with the
                                                   • For written/paper comments                         and/or go to the Dockets Management
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,                   regulated industry and held regular
                                                submitted to the Dockets Management                                                                           consultations with public stakeholders
                                                Staff, FDA will post your comment, as                   Rockville, MD 20852.
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              including patient advocates, consumer
                                                well as any attachments, except for                                                                           advocates, and health care professionals
                                                information submitted, marked and                       Yoni Tyberg, Center for Drug Evaluation
                                                                                                        and Research, Food and Drug                           between September 2015 and February
                                                identified, as confidential, if submitted                                                                     2016. Following these discussions,
                                                as detailed in ‘‘Instructions.’’                        Administration, 10903 New Hampshire
                                                                                                        Ave., Bldg. 51, Rm. 1151, Silver Spring,              related public meetings, and Agency
                                                   Instructions: All submissions received                                                                     requests for public comment, FDA
                                                must include the Docket No. FDA–                        MD 20993, 301–348–1718, Fax: 301–
                                                                                                        847–8443, Yonatan.Tyberg@                             published proposed recommendations
                                                2017–N–6313 for ‘‘Prescription Drug                                                                           for PDUFA VI for FYs 2018–2022. FDA
                                                User Fee Act VI Commitment to Assess                    fda.hhs.gov.
                                                                                                                                                              committed under PDUFA VI to contract
                                                Current Practices of the Food and Drug                  SUPPLEMENTARY INFORMATION:                            with an independent third party to
                                                Administration and Sponsors in                                                                                assess current practices of FDA and
                                                Communicating During Investigational                    I. Background
                                                                                                                                                              sponsors in communicating during IND
                                                New Drug Development.’’ Received                           The IND phase of drug development                  development and to identify best
                                                comments, those filed in a timely                       is the time during which human trials                 practices and areas of improvement.
                                                manner (see ADDRESSES), will be placed                  of investigational drugs are conducted.                 The statement of work can be
                                                in the docket and, except for those                     During the IND phase, sponsors and                    accessed at https://www.fda.gov/
                                                submitted as ‘‘Confidential                             FDA engage in many types of                           downloads/ForIndustry/UserFees/
                                                Submissions,’’ publicly viewable at                     communications. To ensure the                         PrescriptionDrugUserFee/
                                                https://www.regulations.gov or at the                   effectiveness of human drug review                    UCM577087.pdf.
                                                Dockets Management Staff between 9                      programs, it is critical that these
                                                a.m. and 4 p.m., Monday through                         communications be conducted in a                        Dated: December 4, 2017.
                                                Friday.                                                 timely and efficient manner.                          Leslie Kux,
                                                   • Confidential Submissions—To                           The timely review of the safety and                Associate Commissioner for Policy.
                                                submit a comment with confidential                      effectiveness of new drugs and biologics              [FR Doc. 2017–26437 Filed 12–7–17; 8:45 am]
                                                information that you do not wish to be                  is central to FDA’s mission to protect                BILLING CODE 4164–01–P
                                                made publicly available, submit your                    and promote the public health. Prior to
                                                comments only as a written/paper                        enactment of PDUFA in 1992, FDA’s
                                                submission. You should submit two                       drug review process was relatively slow               DEPARTMENT OF HEALTH AND
                                                copies total. One copy will include the                 and not very predictable compared to                  HUMAN SERVICES
                                                information you claim to be confidential                that of other countries. Due to concerns
                                                with a heading or cover note that states                expressed by both industry and patients               Food and Drug Administration
                                                ‘‘THIS DOCUMENT CONTAINS                                at the time, Congress enacted PDUFA,                  [Docket No. FDA–2017–D–6294]
                                                CONFIDENTIAL INFORMATION.’’ The                         which provided the added funds
                                                Agency will review this copy, including                 through user fees that enabled FDA to                 Changes to Existing Medical Software
                                                the claimed confidential information, in                hire additional reviewers and support                 Policies Resulting From Section 3060
sradovich on DSK3GMQ082PROD with NOTICES




                                                its consideration of comments. The                      staff and upgrade its information                     of the 21st Century Cures Act; Draft
                                                second copy, which will have the                        technology systems. In return for                     Guidance for Industry and Food and
                                                claimed confidential information                        additional resources, FDA agreed to                   Drug Administration Staff; Availability
                                                redacted/blacked out, will be available                 certain review performance goals, such                AGENCY:    Food and Drug Administration,
                                                for public viewing and posted on                        as completing reviews of new drug                     HHS.
                                                https://www.regulations.gov. Submit                     applications and biologics license
                                                                                                                                                              ACTION:   Notice of availability.
                                                both copies to the Dockets Management                   applications and taking regulatory


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Document Created: 2017-12-08 01:43:38
Document Modified: 2017-12-08 01:43:38
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; establishment of a public docket; request for comments.
DatesSubmit either electronic or written comments by January 22, 2018.
ContactYoni Tyberg, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1151, Silver Spring, MD 20993, 301-348- 1718, Fax: 301-847-8443, [email protected]
FR Citation82 FR 57990 

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