83_FR_29915 83 FR 29792 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry: Assessing User Fees Under the Biosimilar User Fee Amendments of 2017

83 FR 29792 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry: Assessing User Fees Under the Biosimilar User Fee Amendments of 2017

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29792-29793
FR Document2018-13688

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29792-29793]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13688]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

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


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for 
Industry: Assessing User Fees Under the Biosimilar User Fee Amendments 
of 2017

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

[[Page 29793]]


DATES: Fax written comments on the collection of information by July 
26, 2018.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
Fax: 202-395-7285, or emailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-0718. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION:  In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

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

OMB Control Number 0910-0718--Revision

    This information collection supports the above captioned Agency 
guidance and implementation of the Biosimilar User Fee Amendments of 
2017 (BsUFA II). Under BsUFA II, FDA's authority is extended to collect 
user fees from fiscal years 2018-2022 and includes a number of 
technical revisions that affect what fees and how fees are collected. 
Fees authorized by this legislation help fund the review process for 
biosimilar biological product applications and play an important role 
in expediting the review and approval process.
    We have developed the guidance document entitled ``Assessing User 
Fees Under the Biosimilar User Fee Amendments of 2017'' to assist 
industry in understanding when these fees are incurred and the process 
by which applicants can submit payments. The guidance also provides 
information on the consequences of failing to pay BsUFA II fees, as 
well as processes for submitting reconsideration and appeal requests. 
The guidance document is available on our website at: https://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM584984.pdf.
    In the Federal Register of November 16, 2017 (82 FR 53505), we 
published a notice announcing availability of the subject guidance 
document, including a 60-day notice requesting public comment on the 
information collection. One comment was received in response to the 
notice from a trade organization indicating that interested persons 
``have reviewed the draft guidance and appreciate(s) FDA applying the 
user fee provisions consistent with the BsUFA II negotiations and 
Commitment Letter.'' In addition, and upon our own review, we believe 
it is appropriate to include the guidance document under the existing 
information collection ``Biosimilar User Fee Cover Sheet'' currently 
approved under OMB control number 0910-0718 rather than to establish a 
new collection. FDA is preparing to renew OMB control number 0910-0718 
and will include the guidance document accordingly.
    We estimate the burden of the information collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
            Activity                 Number of     responses per   Total annual    per response     Total hours
                                    respondents     respondent       responses        (hours)
----------------------------------------------------------------------------------------------------------------
Request for discontinuation from               2               1               2               1               2
 biological product development
 program........................
Request to move products to                    5               1               5           * 0.5             2.5
 discontinued section of the
 biosimilar list................
Small business waiver of the                   1               1               1              16              16
 BsUFA application fee..........
Small business waiver                          1               1               1              24              24
 reconsiderations...............
Small business waiver appeals...               1               1               1              12              12
Annual Fee Determination Survey.              35               1              35               1              35
Annual BsUFA Fees Correspondence              35               1              35               2              70
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           161.5
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
* 30 minutes.

    Our estimate is based on the number of Biosimilars User Fee 
submissions we have received since establishing the program.

    Dated: June 21, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-13688 Filed 6-25-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                29792                          Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices

                                                information submitted, marked and                       Drug Administration, 10903 New                         speak is greater than can be reasonably
                                                identified, as confidential, if submitted               Hampshire Ave., Bldg. 31, Rm. 2417,                    accommodated during the scheduled
                                                as detailed in ‘‘Instructions.’’                        Silver Spring, MD 20993–0002, 301–                     open public hearing session, FDA may
                                                   Instructions: All submissions received               796–9001, Fax: 301–847–8533, email:                    conduct a lottery to determine the
                                                must include the Docket No. FDA–                        AMDAC@fda.hhs.gov, or FDA Advisory                     speakers for the scheduled open public
                                                2018–N–1073 for ‘‘Antimicrobial Drugs                   Committee Information Line, 1–800–                     hearing session. The contact person will
                                                Advisory Committee; Notice of Meeting;                  741–8138 (301–443–0572 in the                          notify interested persons regarding their
                                                Establishment of a Public Docket;                       Washington, DC area). A notice in the                  request to speak by July 5, 2018.
                                                Request for Comments.’’ Received                        Federal Register about last minute                        Persons attending FDA’s advisory
                                                comments, those filed in a timely                       modifications that impact a previously                 committee meetings are advised that
                                                manner (see the ADDRESSES section),                     announced advisory committee meeting                   FDA is not responsible for providing
                                                will be placed in the docket and, except                cannot always be published quickly                     access to electrical outlets.
                                                for those submitted as ‘‘Confidential                   enough to provide timely notice.                          For press inquiries, please contact the
                                                Submissions,’’ publicly viewable at                     Therefore, you should always check the                 Office of Media Affairs at fdaoma@
                                                https://www.regulations.gov or at the                   FDA’s website at https://www.fda.gov/                  fda.hhs.gov or 301–796–4540.
                                                Dockets Management Staff between 9                      AdvisoryCommittees/default.htm and                        FDA welcomes the attendance of the
                                                a.m. and 4 p.m., Monday through                         scroll down to the appropriate advisory                public at its advisory committee
                                                Friday.                                                 committee meeting link, or call the                    meetings and will make every effort to
                                                   • Confidential Submissions—To                        advisory committee information line to                 accommodate persons with disabilities.
                                                submit a comment with confidential                      learn about possible modifications                     If you require accommodations due to a
                                                information that you do not wish to be                  before coming to the meeting.                          disability, please contact Kalyani Bhatt
                                                made publicly available, submit your                    SUPPLEMENTARY INFORMATION:                             (see FOR FURTHER INFORMATION CONTACT)
                                                comments only as a written/paper                           Agenda: The committee will discuss                  at least 7 days in advance of the
                                                submission. You should submit two                       new drug application (NDA) 210607,                     meeting.
                                                copies total. One copy will include the                 tafenoquine tablet, 100 milligram (mg),                   FDA is committed to the orderly
                                                information you claim to be confidential                sponsored by 60 Degrees                                conduct of its advisory committee
                                                with a heading or cover note that states                Pharmaceuticals, LLC, for the proposed                 meetings. Please visit our website at
                                                ‘‘THIS DOCUMENT CONTAINS                                indication of prevention of malaria in                 https://www.fda.gov/Advisory
                                                CONFIDENTIAL INFORMATION.’’ FDA                         adults for up to 6 months of continuous                Committees/AboutAdvisoryCommittees/
                                                will review this copy, including the                    dosing.                                                ucm111462.htm for procedures on
                                                claimed confidential information, in its                   FDA intends to make background                      public conduct during advisory
                                                consideration of comments. The second                   material available to the public no later              committee meetings.
                                                copy, which will have the claimed                       than 2 business days before the meeting.                  Notice of this meeting is given under
                                                confidential information redacted/                      If FDA is unable to post the background                the Federal Advisory Committee Act (5
                                                blacked out, will be available for public               material on its website prior to the                   U.S.C. app. 2).
                                                viewing and posted on https://                          meeting, the background material will                    Dated: June 21, 2018.
                                                www.regulations.gov. Submit both                        be made publicly available at the
                                                copies to the Dockets Management Staff.                                                                        Leslie Kux,
                                                                                                        location of the advisory committee
                                                If you do not wish your name and                                                                               Associate Commissioner for Policy.
                                                                                                        meeting, and the background material
                                                contact information be made publicly                                                                           [FR Doc. 2018–13711 Filed 6–25–18; 8:45 am]
                                                                                                        will be posted on FDA’s website after
                                                available, you can provide this                         the meeting. Background material is                    BILLING CODE 4164–01–P
                                                information on the cover sheet and not                  available at https://www.fda.gov/
                                                in the body of your comments and you                    AdvisoryCommittees/Calendar/
                                                must identify the information as                                                                               DEPARTMENT OF HEALTH AND
                                                                                                        default.htm. Scroll down to the
                                                ‘‘confidential.’’ Any information marked                                                                       HUMAN SERVICES
                                                                                                        appropriate advisory committee meeting
                                                as ‘‘confidential’’ will not be disclosed               link.                                                  Food and Drug Administration
                                                except in accordance with 21 CFR 10.20                     Procedure: Interested persons may
                                                and other applicable disclosure law. For                present data, information, or views,
                                                more information about FDA’s posting                                                                           [Docket No. FDA–2017–D–6209]
                                                                                                        orally or in writing, on issues pending
                                                of comments to public dockets, see 80                   before the committee. All electronic and
                                                FR 56469, September 18, 2015, or access                                                                        Agency Information Collection
                                                                                                        written submissions submitted to the                   Activities; Submission for Office of
                                                the information at: https://www.gpo.gov/                Docket (see the ADDRESSES section) on
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                                                                              Management and Budget Review;
                                                                                                        or before July 12, 2018, will be provided              Comment Request; Guidance for
                                                23389.pdf.                                              to the committee. Oral presentations
                                                   Docket: For access to the docket to                                                                         Industry: Assessing User Fees Under
                                                                                                        from the public will be scheduled                      the Biosimilar User Fee Amendments
                                                read background documents or the                        between approximately 1:30 p.m. and
                                                electronic and written/paper comments                                                                          of 2017
                                                                                                        2:30 p.m. Those individuals interested
                                                received, go to https://                                in making formal oral presentations                    AGENCY:   Food and Drug Administration,
                                                www.regulations.gov and insert the                      should notify the contact person and                   HHS.
                                                docket number, found in brackets in the                 submit a brief statement of the general                ACTION:   Notice.
                                                heading of this document, into the                      nature of the evidence or arguments
sradovich on DSK3GMQ082PROD with NOTICES




                                                ‘‘Search’’ box and follow the prompts                   they wish to present, the names and                    SUMMARY:   The Food and Drug
                                                and/or go to the Dockets Management                     addresses of proposed participants, and                Administration (FDA) is announcing
                                                Staff, 5630 Fishers Lane, Rm. 1061,                     an indication of the approximate time                  that a proposed collection of
                                                Rockville, MD 20852.                                    requested to make their presentation on                information has been submitted to the
                                                FOR FURTHER INFORMATION CONTACT:                        or before July 3, 2018. Time allotted for              Office of Management and Budget
                                                Kalyani Bhatt, Center for Drug                          each presentation may be limited. If the               (OMB) for review and clearance under
                                                Evaluation and Research, Food and                       number of registrants requesting to                    the Paperwork Reduction Act of 1995.


                                           VerDate Sep<11>2014   17:24 Jun 25, 2018   Jkt 244001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\26JNN1.SGM   26JNN1


                                                                                          Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Notices                                                                                             29793

                                                DATES:  Fax written comments on the                                        Guidance for Industry: Assessing User                                       available on our website at: https://
                                                collection of information by July 26,                                      Fees Under the Biosimilar User Fee                                          www.fda.gov/downloads/Drugs/
                                                2018.                                                                      Amendments of 2017                                                          GuidanceComplianceRegulatory
                                                                                                                                                                                                       Information/Guidances/
                                                ADDRESSES:   To ensure that comments on                                    OMB Control Number 0910–0718—
                                                                                                                                                                                                       UCM584984.pdf.
                                                the information collection are received,                                   Revision
                                                                                                                                                                                                          In the Federal Register of November
                                                OMB recommends that written                                                   This information collection supports
                                                                                                                                                                                                       16, 2017 (82 FR 53505), we published a
                                                comments be faxed to the Office of                                         the above captioned Agency guidance
                                                                                                                                                                                                       notice announcing availability of the
                                                Information and Regulatory Affairs,                                        and implementation of the Biosimilar
                                                                                                                                                                                                       subject guidance document, including a
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                                     User Fee Amendments of 2017 (BsUFA
                                                                                                                                                                                                       60-day notice requesting public
                                                395–7285, or emailed to oira_                                              II). Under BsUFA II, FDA’s authority is
                                                                                                                                                                                                       comment on the information collection.
                                                submission@omb.eop.gov. All                                                extended to collect user fees from fiscal
                                                                                                                                                                                                       One comment was received in response
                                                comments should be identified with the                                     years 2018–2022 and includes a number
                                                                                                                                                                                                       to the notice from a trade organization
                                                                                                                           of technical revisions that affect what
                                                OMB control number 0910–0718. Also                                                                                                                     indicating that interested persons ‘‘have
                                                                                                                           fees and how fees are collected. Fees
                                                include the FDA docket number found                                                                                                                    reviewed the draft guidance and
                                                                                                                           authorized by this legislation help fund
                                                in brackets in the heading of this                                         the review process for biosimilar                                           appreciate(s) FDA applying the user fee
                                                document.                                                                  biological product applications and play                                    provisions consistent with the BsUFA II
                                                                                                                           an important role in expediting the                                         negotiations and Commitment Letter.’’
                                                FOR FURTHER INFORMATION CONTACT:                                                                                                                       In addition, and upon our own review,
                                                Domini Bean, Office of Operations,                                         review and approval process.
                                                                                                                              We have developed the guidance                                           we believe it is appropriate to include
                                                Food and Drug Administration, Three                                                                                                                    the guidance document under the
                                                                                                                           document entitled ‘‘Assessing User Fees
                                                White Flint North, 10A–12M, 11601                                          Under the Biosimilar User Fee                                               existing information collection
                                                Landsdown St., North Bethesda, MD                                          Amendments of 2017’’ to assist industry                                     ‘‘Biosimilar User Fee Cover Sheet’’
                                                20852, 301–796–5733, PRAStaff@                                             in understanding when these fees are                                        currently approved under OMB control
                                                fda.hhs.gov.                                                               incurred and the process by which                                           number 0910–0718 rather than to
                                                                                                                           applicants can submit payments. The                                         establish a new collection. FDA is
                                                SUPPLEMENTARY INFORMATION:    In                                                                                                                       preparing to renew OMB control
                                                                                                                           guidance also provides information on
                                                compliance with 44 U.S.C. 3507, FDA                                                                                                                    number 0910–0718 and will include the
                                                                                                                           the consequences of failing to pay
                                                has submitted the following proposed                                                                                                                   guidance document accordingly.
                                                                                                                           BsUFA II fees, as well as processes for
                                                collection of information to OMB for                                       submitting reconsideration and appeal                                          We estimate the burden of the
                                                review and clearance.                                                      requests. The guidance document is                                          information collection as follows:

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

                                                Request for discontinuation from biological product devel-
                                                  opment program ...............................................................                                  2                           1                          2                          1                  2
                                                Request to move products to discontinued section of the
                                                  biosimilar list .....................................................................                           5                          1                          5                      * 0.5              2.5
                                                Small business waiver of the BsUFA application fee ..........                                                     1                          1                          1                         16              16
                                                Small business waiver reconsiderations ..............................                                             1                          1                          1                         24               24
                                                Small business waiver appeals ...........................................                                         1                          1                          1                         12               12
                                                Annual Fee Determination Survey .......................................                                          35                          1                         35                          1              35
                                                Annual BsUFA Fees Correspondence ................................                                                35                          1                         35                          2               70

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


                                                  Our estimate is based on the number                                      DEPARTMENT OF HEALTH AND                                                    Program (the Program), as required by
                                                of Biosimilars User Fee submissions we                                     HUMAN SERVICES                                                              the Public Health Service (PHS) Act, as
                                                have received since establishing the                                                                                                                   amended. While the Secretary of HHS is
                                                program.                                                                   Health Resources and Services                                               named as the respondent in all
                                                                                                                           Administration                                                              proceedings brought by the filing of
                                                  Dated: June 21, 2018.
                                                                                                                                                                                                       petitions for compensation under the
                                                Leslie Kux,                                                                National Vaccine Injury Compensation
                                                                                                                                                                                                       Program, the United States Court of
                                                Associate Commissioner for Policy.                                         Program; List of Petitions Received
                                                                                                                                                                                                       Federal Claims is charged by statute
sradovich on DSK3GMQ082PROD with NOTICES




                                                [FR Doc. 2018–13688 Filed 6–25–18; 8:45 am]                                AGENCY: Health Resources and Services                                       with responsibility for considering and
                                                BILLING CODE 4164–01–P                                                     Administration (HRSA), Department of                                        acting upon the petitions.
                                                                                                                           Health and Human Services (HHS).
                                                                                                                                                                                                       FOR FURTHER INFORMATION CONTACT:     For
                                                                                                                           ACTION: Notice.
                                                                                                                                                                                                       information about requirements for
                                                                                                                           SUMMARY:   HRSA is publishing this                                          filing petitions and the Program in
                                                                                                                           notice of petitions received under the                                      general, contact Lisa L. Reyes, Clerk of
                                                                                                                           National Vaccine Injury Compensation                                        Court, United States Court of Federal


                                           VerDate Sep<11>2014        17:24 Jun 25, 2018         Jkt 244001       PO 00000        Frm 00053       Fmt 4703       Sfmt 4703       E:\FR\FM\26JNN1.SGM              26JNN1



Document Created: 2018-06-26 00:51:51
Document Modified: 2018-06-26 00:51:51
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.
DatesFax written comments on the collection of information by July 26, 2018.
ContactDomini Bean, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-5733, [email protected]
FR Citation83 FR 29792 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR