83_FR_1628 83 FR 1619 - Clarification of Orphan Designation of Drugs and Biologics for Pediatric Subpopulations of Common Diseases; Draft Guidance for Industry; Availability; Extension of Comment Period

83 FR 1619 - Clarification of Orphan Designation of Drugs and Biologics for Pediatric Subpopulations of Common Diseases; Draft Guidance for Industry; Availability; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1619-1620
FR Document2018-00418

The Food and Drug Administration (FDA or Agency) is extending the comment period for the notice of availability that appeared in the Federal Register of December 20, 2017. In the notice of availability, FDA requested comments on the draft guidance for industry entitled ``Clarification of Orphan Designation of Drugs and Biologics for Pediatric Subpopulations of Common Diseases.'' The Agency is taking this action in response to public interest in the draft guidance and to allow interested persons additional time to submit comments.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Notices]
[Pages 1619-1620]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00418]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6380]


Clarification of Orphan Designation of Drugs and Biologics for 
Pediatric Subpopulations of Common Diseases; Draft Guidance for 
Industry; Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is extending 
the comment period for the notice of availability that appeared in the 
Federal Register of December 20, 2017. In the notice of availability, 
FDA requested comments on the draft guidance for industry entitled 
``Clarification of Orphan Designation of Drugs and Biologics for 
Pediatric Subpopulations of Common Diseases.'' The Agency is taking 
this action in response to public interest in the draft guidance and to 
allow interested persons additional time to submit comments.

DATES: FDA is extending the comment period on the notice of 
availability published December 20, 2017 (82 FR 60402). Submit either 
electronic or written comments on the draft guidance by February 18, 
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-6380 for ``Clarification of Orphan Designation of Drugs and 
Biologics for Pediatric Subpopulations of Common Diseases.'' 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.

FOR FURTHER INFORMATION CONTACT: Aaron Friedman, Office of Orphan 
Products Development, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 32, Rm. 5295, Silver Spring, MD 20993, 301-796-8660.

SUPPLEMENTARY INFORMATION: In the Federal Register of December 20, 
2017, FDA published a notice of availability with a 30-day comment 
period to request comments on the draft guidance for industry entitled 
``Clarification of Orphan Designation of Drugs and Biologics for 
Pediatric Subpopulations of Common Diseases.''
    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 orphan 
designation of drugs and biologics for pediatric subpopulations of 
common diseases. It does not establish any rights for any person and is 
not binding on FDA or the public. You can

[[Page 1620]]

use an alternative approach if it satisfies the requirements of the 
applicable statutes and regulations. This draft guidance is not subject 
to Executive Order 12866.
    Based on public interest in the draft guidance, FDA is extending 
the comment period for the notice of availability for 30 days, until 
February 28, 2018. The Agency believes that a 30-day extension allows 
adequate time for interested persons to submit comments without 
significantly delaying guidance on these important issues.

    Dated: January 8, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-00418 Filed 1-11-18; 8:45 am]
BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Notices                                            1619

                                                   FDA has considered the request and                   draft guidance before it begins work on                comments only as a written/paper
                                                is reopening the comment period for the                 the final version of the guidance.                     submission. You should submit two
                                                draft guidance for 30 days, until                       ADDRESSES: You may submit comments                     copies total. One copy will include the
                                                February 12, 2018. The Agency believes                  on any guidance at any time as follows:                information you claim to be confidential
                                                that a 30-day reopening of the comment                                                                         with a heading or cover note that states
                                                period allows adequate time for                         Electronic Submissions                                 ‘‘THIS DOCUMENT CONTAINS
                                                interested persons to submit comments                     Submit electronic comments in the                    CONFIDENTIAL INFORMATION.’’ The
                                                to ensure that the Agency can consider                  following way:                                         Agency will review this copy, including
                                                the comments on this draft guidance                       • Federal eRulemaking Portal:                        the claimed confidential information, in
                                                before it begins work on the final                      https://www.regulations.gov. Follow the                its consideration of comments. The
                                                version of the guidance.                                instructions for submitting comments.                  second copy, which will have the
                                                                                                        Comments submitted electronically,                     claimed confidential information
                                                II. Electronic Access                                   including attachments, to https://                     redacted/blacked out, will be available
                                                  Persons with access to the internet                   www.regulations.gov will be posted to                  for public viewing and posted on
                                                may obtain the draft guidance at either                 the docket unchanged. Because your                     https://www.regulations.gov. Submit
                                                https://www.fda.gov/Drugs/Guidance                      comment will be made public, you are                   both copies to the Dockets Management
                                                ComplianceRegulatoryInformation/                        solely responsible for ensuring that your              Staff. If you do not wish your name and
                                                Guidances/default.htm or https://                       comment does not include any                           contact information to be made publicly
                                                www.regulations.gov.                                    confidential information that you or a                 available, you can provide this
                                                  Dated: January 8, 2018.
                                                                                                        third party may not wish to be posted,                 information on the cover sheet and not
                                                                                                        such as medical information, your or                   in the body of your comments and you
                                                Leslie Kux,
                                                                                                        anyone else’s Social Security number, or               must identify this information as
                                                Associate Commissioner for Policy.                      confidential business information, such                ‘‘confidential.’’ Any information marked
                                                [FR Doc. 2018–00405 Filed 1–11–18; 8:45 am]             as a manufacturing process. Please note                as ‘‘confidential’’ will not be disclosed
                                                BILLING CODE 4164–01–P                                  that if you include your name, contact                 except in accordance with 21 CFR 10.20
                                                                                                        information, or other information that                 and other applicable disclosure law. For
                                                                                                        identifies you in the body of your                     more information about FDA’s posting
                                                DEPARTMENT OF HEALTH AND                                comments, that information will be
                                                HUMAN SERVICES                                                                                                 of comments to public dockets, see 80
                                                                                                        posted on https://www.regulations.gov.                 FR 56469, September 18, 2015, or access
                                                                                                          • If you want to submit a comment                    the information at: https://www.gpo.gov/
                                                Food and Drug Administration
                                                                                                        with confidential information that you                 fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                        do not wish to be made available to the                23389.pdf.
                                                [Docket No. FDA–2017–D–6380]                            public, submit the comment as a                           Docket: For access to the docket to
                                                                                                        written/paper submission and in the                    read background documents or the
                                                Clarification of Orphan Designation of                  manner detailed (see ‘‘Written/Paper
                                                Drugs and Biologics for Pediatric                                                                              electronic and written/paper comments
                                                                                                        Submissions’’ and ‘‘Instructions’’).                   received, go to https://
                                                Subpopulations of Common Diseases;
                                                Draft Guidance for Industry;                            Written/Paper Submissions                              www.regulations.gov and insert the
                                                Availability; Extension of Comment                                                                             docket number, found in brackets in the
                                                                                                           Submit written/paper submissions as                 heading of this document, into the
                                                Period                                                  follows:                                               ‘‘Search’’ box and follow the prompts
                                                AGENCY:    Food and Drug Administration,                   • Mail/Hand delivery/Courier (for
                                                                                                                                                               and/or go to the Dockets Management
                                                HHS.                                                    written/paper submissions): Dockets
                                                                                                                                                               Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                        Management Staff (HFA–305), Food and
                                                ACTION:Notice of availability; extension                                                                       Rockville, MD 20852.
                                                                                                        Drug Administration, 5630 Fishers
                                                of comment period.                                      Lane, Rm. 1061, Rockville, MD 20852.                   FOR FURTHER INFORMATION CONTACT:
                                                                                                           • For written/paper comments                        Aaron Friedman, Office of Orphan
                                                SUMMARY:    The Food and Drug                                                                                  Products Development, Food and Drug
                                                Administration (FDA or Agency) is                       submitted to the Dockets Management
                                                                                                        Staff, FDA will post your comment, as                  Administration, 10903 New Hampshire
                                                extending the comment period for the                                                                           Ave., Bldg. 32, Rm. 5295, Silver Spring,
                                                notice of availability that appeared in                 well as any attachments, except for
                                                                                                        information submitted, marked and                      MD 20993, 301–796–8660.
                                                the Federal Register of December 20,
                                                                                                        identified, as confidential, if submitted              SUPPLEMENTARY INFORMATION: In the
                                                2017. In the notice of availability, FDA
                                                                                                        as detailed in ‘‘Instructions.’’                       Federal Register of December 20, 2017,
                                                requested comments on the draft
                                                                                                           Instructions: All submissions received              FDA published a notice of availability
                                                guidance for industry entitled
                                                                                                        must include the Docket No. FDA–                       with a 30-day comment period to
                                                ‘‘Clarification of Orphan Designation of
                                                                                                        2017–D–6380 for ‘‘Clarification of                     request comments on the draft guidance
                                                Drugs and Biologics for Pediatric
                                                                                                        Orphan Designation of Drugs and                        for industry entitled ‘‘Clarification of
                                                Subpopulations of Common Diseases.’’
                                                                                                        Biologics for Pediatric Subpopulations                 Orphan Designation of Drugs and
                                                The Agency is taking this action in
                                                                                                        of Common Diseases.’’ Received                         Biologics for Pediatric Subpopulations
                                                response to public interest in the draft
                                                                                                        comments will be placed in the docket                  of Common Diseases.’’
                                                guidance and to allow interested                                                                                  This draft guidance is being issued
                                                                                                        and, except for those submitted as
                                                persons additional time to submit                                                                              consistent with FDA’s good guidance
                                                                                                        ‘‘Confidential Submissions,’’ publicly
                                                comments.                                                                                                      practices regulation (21 CFR 10.115).
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        viewable at https://www.regulations.gov
                                                DATES: FDA is extending the comment                     or at the Dockets Management Staff                     The draft guidance, when finalized, will
                                                period on the notice of availability                    between 9 a.m. and 4 p.m., Monday                      represent the current thinking of FDA
                                                published December 20, 2017 (82 FR                      through Friday.                                        on orphan designation of drugs and
                                                60402). Submit either electronic or                        • Confidential Submissions—To                       biologics for pediatric subpopulations of
                                                written comments on the draft guidance                  submit a comment with confidential                     common diseases. It does not establish
                                                by February 18, 2018, to ensure that the                information that you do not wish to be                 any rights for any person and is not
                                                Agency considers your comment on this                   made publicly available, submit your                   binding on FDA or the public. You can


                                           VerDate Sep<11>2014   17:47 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\12JAN1.SGM   12JAN1


                                                1620                            Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Notices

                                                use an alternative approach if it satisfies             considered. Electronic comments must                   placed in the docket and, except for
                                                the requirements of the applicable                      be submitted on or before March 13,                    those submitted as ‘‘Confidential
                                                statutes and regulations. This draft                    2018. The https://www.regulations.gov                  Submissions,’’ publicly viewable at
                                                guidance is not subject to Executive                    electronic filing system will accept                   https://www.regulations.gov or at the
                                                Order 12866.                                            comments until midnight Eastern Time                   Dockets Management Staff between 9
                                                  Based on public interest in the draft                 at the end of March 13, 2018. Comments                 a.m. and 4 p.m., Monday through
                                                guidance, FDA is extending the                          received by mail/hand delivery/courier                 Friday.
                                                comment period for the notice of                        (for written/paper submissions) will be                   • Confidential Submissions—To
                                                availability for 30 days, until February                considered timely if they are                          submit a comment with confidential
                                                28, 2018. The Agency believes that a 30-                postmarked or the delivery service                     information that you do not wish to be
                                                day extension allows adequate time for                  acceptance receipt is on or before that                made publicly available, submit your
                                                interested persons to submit comments                   date.                                                  comments only as a written/paper
                                                without significantly delaying guidance                                                                        submission. You should submit two
                                                                                                        Electronic Submissions
                                                on these important issues.                                                                                     copies total. One copy will include the
                                                  Dated: January 8, 2018.
                                                                                                          Submit electronic comments in the                    information you claim to be confidential
                                                                                                        following way:                                         with a heading or cover note that states
                                                Leslie Kux,                                               • Federal eRulemaking Portal:                        ‘‘THIS DOCUMENT CONTAINS
                                                Associate Commissioner for Policy.                      https://www.regulations.gov. Follow the                CONFIDENTIAL INFORMATION.’’ The
                                                [FR Doc. 2018–00418 Filed 1–11–18; 8:45 am]             instructions for submitting comments.                  Agency will review this copy, including
                                                BILLING CODE 4164–01–P                                  Comments submitted electronically,                     the claimed confidential information, in
                                                                                                        including attachments, to https://                     its consideration of comments. The
                                                                                                        www.regulations.gov will be posted to                  second copy, which will have the
                                                DEPARTMENT OF HEALTH AND                                the docket unchanged. Because your                     claimed confidential information
                                                HUMAN SERVICES                                          comment will be made public, you are                   redacted/blacked out, will be available
                                                                                                        solely responsible for ensuring that your              for public viewing and posted on
                                                Food and Drug Administration
                                                                                                        comment does not include any                           https://www.regulations.gov. Submit
                                                [Docket Nos. FDA–2016–E–2516 and FDA–                   confidential information that you or a                 both copies to the Dockets Management
                                                2016–E–2514]                                            third party may not wish to be posted,                 Staff. If you do not wish your name and
                                                                                                        such as medical information, your or                   contact information to be made publicly
                                                Determination of Regulatory Review                      anyone else’s Social Security number, or
                                                Period for Purposes of Patent                                                                                  available, you can provide this
                                                                                                        confidential business information, such                information on the cover sheet and not
                                                Extension; PROACT ADJUSTABLE                            as a manufacturing process. Please note
                                                CONTINENCE THERAPY FOR MEN                                                                                     in the body of your comments and you
                                                                                                        that if you include your name, contact                 must identify this information as
                                                AGENCY:    Food and Drug Administration,                information, or other information that                 ‘‘confidential.’’ Any information marked
                                                HHS.                                                    identifies you in the body of your                     as ‘‘confidential’’ will not be disclosed
                                                ACTION:   Notice.                                       comments, that information will be                     except in accordance with § 10.20 (21
                                                                                                        posted on https://www.regulations.gov.                 CFR 10.20) and other applicable
                                                SUMMARY:   The Food and Drug                              • If you want to submit a comment                    disclosure law. For more information
                                                Administration (FDA or the Agency) has                  with confidential information that you                 about FDA’s posting of comments to
                                                determined the regulatory review period                 do not wish to be made available to the                public dockets, see 80 FR 56469,
                                                for PROACT ADJUSTABLE                                   public, submit the comment as a                        September 18, 2015, or access the
                                                CONTINENCE THERAPY FOR MEN                              written/paper submission and in the                    information at: https://www.gpo.gov/
                                                and is publishing this notice of that                   manner detailed (see ‘‘Written/Paper                   fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                determination as required by law. FDA                   Submissions’’ and ‘‘Instructions’’).                   23389.pdf.
                                                has made the determination because of                   Written/Paper Submissions                                 Docket: For access to the docket to
                                                the submission of applications to the                                                                          read background documents or the
                                                Director of the U.S. Patent and                           Submit written/paper submissions as
                                                                                                                                                               electronic and written/paper comments
                                                Trademark Office (USPTO), Department                    follows:
                                                                                                          • Mail/Hand delivery/Courier (for                    received, go to https://
                                                of Commerce, for the extension of a                                                                            www.regulations.gov and insert the
                                                patent which claims that medical                        written/paper submissions): Dockets
                                                                                                        Management Staff (HFA–305), Food and                   docket number, found in brackets in the
                                                device.                                                                                                        heading of this document, into the
                                                                                                        Drug Administration, 5630 Fishers
                                                DATES: Anyone with knowledge that any                   Lane, Rm. 1061, Rockville, MD 20852.                   ‘‘Search’’ box and follow the prompts
                                                of the dates as published (in the                         • For written/paper comments                         and/or go to the Dockets Management
                                                SUPPLEMENTARY INFORMATION section) are                  submitted to the Dockets Management                    Staff, 5630 Fishers Lane, Rm. 1061,
                                                incorrect may submit either electronic                  Staff, FDA will post your comment, as                  Rockville, MD 20852.
                                                or written comments and ask for a                       well as any attachments, except for                    FOR FURTHER INFORMATION CONTACT:
                                                redetermination by March 13, 2018.                      information submitted, marked and                      Beverly Friedman, Office of Regulatory
                                                Furthermore, any interested person may                  identified, as confidential, if submitted              Policy, Food and Drug Administration,
                                                petition FDA for a determination                        as detailed in ‘‘Instructions.’’                       10903 New Hampshire Ave., Bldg. 51,
                                                regarding whether the applicant for                       Instructions: All submissions received               Rm. 6250, Silver Spring, MD 20993,
                                                extension acted with due diligence                      must include the Docket Nos. FDA–                      301–796–3600.
sradovich on DSK3GMQ082PROD with NOTICES




                                                during the regulatory review period by                  2016–E–2516 and FDA–2016–E–2514                        SUPPLEMENTARY INFORMATION:
                                                July 11, 2018. See ‘‘Petitions’’ in the                 for ‘‘Determination of Regulatory
                                                SUPPLEMENTARY INFORMATION section for                   Review Period for Purposes of Patent                   I. Background
                                                more information.                                       Extension; PROACT ADJUSTABLE                             The Drug Price Competition and
                                                ADDRESSES: You may submit comments                      CONTINENCE THERAPY FOR MEN.’’                          Patent Term Restoration Act of 1984
                                                as follows. Please note that late,                      Received comments, those filed in a                    (Pub. L. 98–417) and the Generic
                                                untimely filed comments will not be                     timely manner (see ADDRESSES), will be                 Animal Drug and Patent Term


                                           VerDate Sep<11>2014   17:47 Jan 11, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\12JAN1.SGM   12JAN1



Document Created: 2018-10-26 09:53:47
Document Modified: 2018-10-26 09:53:47
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; extension of comment period.
DatesFDA is extending the comment period on the notice of availability published December 20, 2017 (82 FR 60402). Submit either electronic or written comments on the draft guidance by February 18, 2018, to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactAaron Friedman, Office of Orphan Products Development, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5295, Silver Spring, MD 20993, 301-796-8660.
FR Citation83 FR 1619 

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