83_FR_10780 83 FR 10732 - Proprietary Names for New Animal Drugs; Draft Guidance for Industry; Availability

83 FR 10732 - Proprietary Names for New Animal Drugs; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 48 (March 12, 2018)

Page Range10732-10733
FR Document2018-04885

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry #240 entitled ``Proprietary Names for New Animal Drugs.'' This draft guidance provides recommendations to help new animal drug sponsors develop proprietary names for new animal drugs that do not contribute to medication errors, negatively impact safe use of the drug, or misbrand the drug. This draft guidance proposes a framework for evaluating proposed proprietary names before submitting them for review by the Center for Veterinary Medicine (CVM or we). It also explains how new animal drug sponsors can request that CVM evaluate a proposed proprietary name.

Federal Register, Volume 83 Issue 48 (Monday, March 12, 2018)
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10732-10733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04885]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-0626]


Proprietary Names for New Animal Drugs; Draft Guidance for 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the availability of a draft guidance for industry #240 entitled 
``Proprietary Names for New Animal Drugs.'' This draft guidance 
provides recommendations to help new animal drug sponsors develop 
proprietary names for new animal drugs that do not contribute to 
medication errors, negatively impact safe use of the drug, or misbrand 
the drug. This draft guidance proposes a framework for evaluating 
proposed proprietary names before submitting them for review by the 
Center for Veterinary Medicine (CVM or we). It also explains how new 
animal drug sponsors can request that CVM evaluate a proposed 
proprietary name.

DATES: Submit either electronic or written comments on the draft 
guidance by May 11, 2018 to ensure that the Agency considers your 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

[[Page 10733]]

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-2018-D-0626 for ``Proprietary Names for New Animal Drugs.'' 
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 guidance to the 
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine, 
Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855. 
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: Tom Modric, Center for Veterinary 
Medicine (HFV-216), Food and Drug Administration, 7519 Standish Pl., 
Rockville, MD 20855, 240-402-5853, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry 
#240 entitled ``Proprietary Names for New Animal Drugs.'' CVM evaluates 
proprietary names as a part of the new animal drug approval process. 
Selecting a proprietary name is a critical element in the design and 
development of drug product labeling because end users may rely, in 
part, on the proprietary name to identify which product, among 
thousands of available products, is intended for a given animal.

II. Significance of Guidance

    This level 1 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 
``Proprietary Names for New Animal Drugs.'' 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 is not a significant 
regulatory action subject to Executive Order 12866.

III. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR part 514 have been approved under 
OMB control numbers 0910-0032 and 0910-0699; 21 CFR part 511 have been 
approved under OMB control number 0910-0117.

IV. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or 
https://www.regulations.gov.

    Dated: March 6, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-04885 Filed 3-9-18; 8:45 am]
BILLING CODE 4164-01-P



                                             10732                         Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

                                             ‘‘current,’’ the transitional pass-through              that allows Medicare contractors to                   DEPARTMENT OF HEALTH AND
                                             payment began on the first date the                     ensure that the provider/supplier is not              HUMAN SERVICES
                                             hospital OPPS was implemented (before                   sanctioned from the Medicare and/or
                                             enactment of Benefits Improvement and                   Medicaid program(s), or debarred,                     Food and Drug Administration
                                             Protections Act (BIPA) (Pub. L. 106–                    suspended or excluded from any other                  [Docket No. FDA–2018–D–0626]
                                             554), on December 21, 2000).                            Federal agency or program. Form
                                             Transitional pass-through payments are                  Number: CMS–855I (OMB control                         Proprietary Names for New Animal
                                             also required for certain ‘‘new’’ drugs,                number: 0938—NEW); Frequency: On                      Drugs; Draft Guidance for Industry;
                                             devices and biological agents that were                 Occasion; Affected Public: State, Local,              Availability
                                             not being paid for as a hospital                        or Tribal Governments, Private Sector
                                             outpatient department (OPD) service as                                                                        AGENCY:   Food and Drug Administration,
                                                                                                     (not-for-profit institutions); Number of              HHS.
                                             of December 31, 1996, and whose cost                    Respondents: 513,872; Total Annual
                                             is ‘‘not insignificant’’ in relation to the                                                                   ACTION:   Notice of availability.
                                                                                                     Responses: 1,370,078; Total Annual
                                             outpatient perspective payment system                                                                         SUMMARY:   The Food and Drug
                                                                                                     Hours: 1,000,167. (For policy questions
                                             (OPPS) payment for the procedures or                                                                          Administration (FDA or Agency) is
                                             services associated with the new drug,                  regarding this collection contact
                                                                                                     Kimberly McPhillips at 410–786–5374).                 announcing the availability of a draft
                                             device, or biological. Under the statute,                                                                     guidance for industry #240 entitled
                                             transitional pass-through payments can                    5. Type of Information Collection                   ‘‘Proprietary Names for New Animal
                                             be made for at least 2 years but not more               Request: Revision of a currently                      Drugs.’’ This draft guidance provides
                                             than 3 years. We have qualified                         approved collection; Title of                         recommendations to help new animal
                                             thousands for transitional pass-through                 Information Collection: Outcome and                   drug sponsors develop proprietary
                                             payments through our application                        Assessment Information Set (OASIS)                    names for new animal drugs that do not
                                             process. However, to keep pace with                     OASIS–C2/ICD–10; Use: This request is                 contribute to medication errors,
                                             emerging new technologies and make                      for OMB approval to modify the                        negatively impact safe use of the drug,
                                             them accessible to Medicare                             Outcome and Assessment Information                    or misbrand the drug. This draft
                                             beneficiaries in a timely manner as the                 Set (OASIS) that home health agencies                 guidance proposes a framework for
                                             law intended, it is necessary that we                   (HHAs) are required to collect in order               evaluating proposed proprietary names
                                             continue to collect appropriate                         to participate in the Medicare program.               before submitting them for review by
                                             information from interested parties such                The current version of the OASIS,                     the Center for Veterinary Medicine
                                             as hospitals and pharmaceutical                         OASIS–C2 (0938–1279) data item set                    (CVM or we). It also explains how new
                                             companies that bring to our attention                   was approved by the Office of                         animal drug sponsors can request that
                                             specific new drugs, biologicals and                                                                           CVM evaluate a proposed proprietary
                                                                                                     Management and Budget (OMB) on
                                             radiopharmaceuticals to be evaluated                                                                          name.
                                                                                                     December 9, 2016 and implemented on
                                             for transitional pass-through status.
                                                                                                     January 1, 2017. We are seeking OMB                   DATES: Submit either electronic or
                                             Form Number: CMS–10008 (OMB
                                                                                                     approval for the proposed revised                     written comments on the draft guidance
                                             control number: 0938–0802); Frequency:                                                                        by May 11, 2018 to ensure that the
                                             Yearly; Affected Public: Private sector                 OASIS item set, referred to hereafter as
                                                                                                     OASIS–D, scheduled for                                Agency considers your comment on this
                                             (Business or other for-profit                                                                                 draft guidance before it begins work on
                                             institutions); Number of Respondents:                   implementation on January 1, 2019. The
                                                                                                     OASIS D is being modified to: Include                 the final version of the guidance.
                                             30; Total Annual Responses: 30; Total
                                                                                                     changes pursuant to the Improving                     ADDRESSES: You may submit comments
                                             Annual Hours: 480. (For policy
                                             questions regarding this collection                     Medicare Post-Acute Care                              on any guidance at any time as follows:
                                             contact Raymond Bulls at 410–786–                       Transformation Act of 2014 (the                       Electronic Submissions
                                             7267).                                                  IMPACT Act); accommodate data
                                                                                                                                                             Submit electronic comments in the
                                                4. Type of Information Collection                    element removals to reduce burden; and                following way:
                                             Request: New collection (Request for                    improve formatting throughout the                       • Federal eRulemaking Portal:
                                             new OMB control number); Title of                       document. Form Number: CMS–10545                      https://www.regulations.gov. Follow the
                                             Information Collection: Medicare                        (OMB control number: 0938–1279);                      instructions for submitting comments.
                                             Enrollment Application for Physician                    Frequency: Occasionally; Affected                     Comments submitted electronically,
                                             and Non-Physician Practitioners; Use:                   Public: Private Sector (Business or other             including attachments, to https://
                                             The application is used by Medicare                     for-profit and Not-for-profit                         www.regulations.gov will be posted to
                                             contractors to collect data to ensure that              institutions); Number of Respondents:                 the docket unchanged. Because your
                                             the applicant has the necessary                         12,149; Total Annual Responses:                       comment will be made public, you are
                                             credentials to provide the health care                  18,161,942; Total Annual Hours:                       solely responsible for ensuring that your
                                             services for which they intend to bill                  9,943,141. (For policy questions                      comment does not include any
                                             Medicare, including information that                    regarding this collection contact Joan                confidential information that you or a
                                             allows the Medicare contractor to                       Proctor at 410–786–0949.)                             third party may not wish to be posted,
                                             correctly price, process and pay the                                                                          such as medical information, your or
                                             applicant’s claims. This application                       Dated: March 7, 2018.
                                                                                                                                                           anyone else’s Social Security number, or
                                             collects information to ensure that only                William N. Parham, III,                               confidential business information, such
                                             legitimate physicians, non-physician                    Director, Paperwork Reduction Staff, Office           as a manufacturing process. Please note
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                                             practitioners, and other eligible                       of Strategic Operations and Regulatory                that if you include your name, contact
                                             professionals are enrolled in the                       Affairs.                                              information, or other information that
                                             Medicare program. It is meant to be the                 [FR Doc. 2018–04893 Filed 3–9–18; 8:45 am]            identifies you in the body of your
                                             first line defense to protect our                       BILLING CODE 4120–01–P                                comments, that information will be
                                             beneficiaries from illegitimate providers                                                                     posted on https://www.regulations.gov.
                                             and to protect the Medicare Trust Fund                                                                          • If you want to submit a comment
                                             against fraud. It also gathers information                                                                    with confidential information that you


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                                                                           Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices                                                   10733

                                             do not wish to be made available to the                    Docket: For access to the docket to                subject to review by the Office of
                                             public, submit the comment as a                         read background documents or the                      Management and Budget (OMB) under
                                             written/paper submission and in the                     electronic and written/paper comments                 the Paperwork Reduction Act of 1995
                                             manner detailed (see ‘‘Written/Paper                    received, go to https://                              (44 U.S.C. 3501–3520). The collections
                                             Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                    of information in 21 CFR part 514 have
                                                                                                     docket number, found in brackets in the               been approved under OMB control
                                             Written/Paper Submissions                               heading of this document, into the                    numbers 0910–0032 and 0910–0699; 21
                                                Submit written/paper submissions as                  ‘‘Search’’ box and follow the prompts                 CFR part 511 have been approved under
                                             follows:                                                and/or go to the Dockets Management                   OMB control number 0910–0117.
                                                • Mail/Hand delivery/Courier (for                    Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                                                                           IV. Electronic Access
                                             written/paper submissions): Dockets                     Rockville, MD 20852.
                                             Management Staff (HFA–305), Food and                       You may submit comments on any                       Persons with access to the internet
                                             Drug Administration, 5630 Fishers                       guidance at any time (see 21 CFR                      may obtain the draft guidance at either
                                             Lane, Rm. 1061, Rockville, MD 20852.                    10.115(g)(5)).                                        http://www.fda.gov/AnimalVeterinary/
                                                • For written/paper comments                            Submit written requests for single                 GuidanceComplianceEnforcement/
                                             submitted to the Dockets Management                     copies of the guidance to the Policy and              GuidanceforIndustry/default.htm or
                                             Staff, FDA will post your comment, as                   Regulations Staff (HFV–6), Center for                 https://www.regulations.gov.
                                             well as any attachments, except for                     Veterinary Medicine, Food and Drug                      Dated: March 6, 2018.
                                             information submitted, marked and                       Administration, 7500 Standish Pl.,                    Leslie Kux,
                                             identified, as confidential, if submitted               Rockville, MD 20855. Send one self-
                                                                                                                                                           Associate Commissioner for Policy.
                                             as detailed in ‘‘Instructions.’’                        addressed adhesive label to assist that
                                                                                                                                                           [FR Doc. 2018–04885 Filed 3–9–18; 8:45 am]
                                                                                                     office in processing your requests. See
                                                Instructions: All submissions received                                                                     BILLING CODE 4164–01–P
                                                                                                     the SUPPLEMENTARY INFORMATION section
                                             must include the Docket No. FDA–
                                                                                                     for electronic access to the draft
                                             2018–D–0626 for ‘‘Proprietary Names
                                                                                                     guidance document.
                                             for New Animal Drugs.’’ Received                                                                              DEPARTMENT OF HEALTH AND
                                                                                                     FOR FURTHER INFORMATION CONTACT: Tom
                                             comments will be placed in the docket                                                                         HUMAN SERVICES
                                             and, except for those submitted as                      Modric, Center for Veterinary Medicine
                                             ‘‘Confidential Submissions,’’ publicly                  (HFV–216), Food and Drug                              Health Resources and Service
                                             viewable at https://www.regulations.gov                 Administration, 7519 Standish Pl.,                    Administration
                                             or at the Dockets Management Staff                      Rockville, MD 20855, 240–402–5853,
                                             between 9 a.m. and 4 p.m., Monday                       tomislav.modric@fda.hhs.gov.                          Bright Futures Periodicity Schedule
                                             through Friday.                                         SUPPLEMENTARY INFORMATION:                            Updates
                                                • Confidential Submissions—To                        I. Background                                         AGENCY: Health Resources and Service
                                             submit a comment with confidential                         FDA is announcing the availability of              Administration (HRSA), Department of
                                             information that you do not wish to be                  a draft guidance for industry #240                    Health and Human Services (HHS).
                                             made publicly available, submit your                    entitled ‘‘Proprietary Names for New                  ACTION: Notice.
                                             comments only as a written/paper                        Animal Drugs.’’ CVM evaluates
                                             submission. You should submit two                                                                             SUMMARY:   Effective December 21, 2017,
                                                                                                     proprietary names as a part of the new                HRSA updated the HRSA-supported
                                             copies total. One copy will include the                 animal drug approval process. Selecting
                                             information you claim to be confidential                                                                      guidelines for infants, children, and
                                                                                                     a proprietary name is a critical element              adolescents for purposes of health
                                             with a heading or cover note that states                in the design and development of drug
                                             ‘‘THIS DOCUMENT CONTAINS                                                                                      insurance coverage for preventive
                                                                                                     product labeling because end users may                services, as set out in the Bright Futures
                                             CONFIDENTIAL INFORMATION.’’ The                         rely, in part, on the proprietary name to
                                             Agency will review this copy, including                                                                       Periodicity Schedule. This notice serves
                                                                                                     identify which product, among                         as an announcement of the decision to
                                             the claimed confidential information, in                thousands of available products, is
                                             its consideration of comments. The                                                                            update these guidelines as listed below.
                                                                                                     intended for a given animal.                          Please see https://mchb.hrsa.gov/
                                             second copy, which will have the
                                             claimed confidential information                        II. Significance of Guidance                          maternal-child-health-topics/child-
                                             redacted/blacked out, will be available                    This level 1 draft guidance is being               health/bright-futures.html for additional
                                             for public viewing and posted on                        issued consistent with FDA’s good                     information.
                                             https://www.regulations.gov. Submit                     guidance practices regulation (21 CFR                 FOR FURTHER INFORMATION CONTACT:
                                             both copies to the Dockets Management                   10.115). The draft guidance, when                     Bethany D. Miller, LCSW–C, M.Ed.,
                                             Staff. If you do not wish your name and                 finalized, will represent the current                 HRSA/Maternal and Child Health
                                             contact information to be made publicly                 thinking of FDA on ‘‘Proprietary Names                Bureau by calling (301) 495–5156 or
                                             available, you can provide this                         for New Animal Drugs.’’ It does not                   emailing BMiller@hrsa.gov.
                                             information on the cover sheet and not                  establish any rights for any person and               SUPPLEMENTARY INFORMATION: The Bright
                                             in the body of your comments and you                    is not binding on FDA or the public.                  Futures program has been funded by
                                             must identify this information as                       You can use an alternative approach if                HRSA since 1990. A primary focus of
                                             ‘‘confidential.’’ Any information marked                it satisfies the requirements of the                  this program is for the funding recipient
                                             as ‘‘confidential’’ will not be disclosed               applicable statutes and regulations. This             to maintain and update the Bright
                                             except in accordance with 21 CFR 10.20                  is not a significant regulatory action                Futures Guidelines for Health
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                                             and other applicable disclosure law. For                subject to Executive Order 12866.                     Supervision of Infants, Children and
                                             more information about FDA’s posting                                                                          Adolescents, a set of materials and tools
                                             of comments to public dockets, see 80                   III. Paperwork Reduction Act of 1995                  that provide theory-based and evidence-
                                             FR 56469, September 18, 2015, or access                    This draft guidance refers to                      driven guidance for all preventive care
                                             the information at: https://www.gpo.gov/                previously approved collections of                    screenings and well-child visits. One
                                             fdsys/pkg/FR-2015-09-18/pdf/2015-                       information found in FDA regulations.                 component of these tools is the Bright
                                             23389.pdf.                                              These collections of information are                  Futures Periodicity Schedule, a chart


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Document Created: 2018-11-01 08:51:24
Document Modified: 2018-11-01 08:51:24
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 May 11, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactTom Modric, Center for Veterinary Medicine (HFV-216), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5853, [email protected]
FR Citation83 FR 10732 

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