83_FR_35297 83 FR 35154 - Facilitating Competition and Innovation in the Biological Products Marketplace; Public Hearing; Request for Comments

83 FR 35154 - Facilitating Competition and Innovation in the Biological Products Marketplace; Public Hearing; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35154-35157
FR Document2018-15859

The Food and Drug Administration (FDA or the Agency) is announcing a public hearing on FDA's approach to enhancing competition and innovation in the biological products marketplace, including by facilitating greater availability of biosimilar and interchangeable products.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Proposed Rules]
[Pages 35154-35157]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15859]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 15

[Docket No. FDA-2018-N-2689]


Facilitating Competition and Innovation in the Biological 
Products Marketplace; Public Hearing; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of public hearing; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing a public hearing on FDA's approach to enhancing competition 
and innovation in the biological products marketplace, including by 
facilitating greater availability of biosimilar and interchangeable 
products.

DATES: The public hearing will be held on Tuesday, September 4, 2018, 
from 9 a.m. to 5 p.m. The public hearing may be extended or may end 
early, depending on the level of public participation. Persons seeking 
to attend or to present at the public hearing must register by Tuesday, 
August 14, 2018. Section III provides attendance and registration 
information. Electronic or written comments will be accepted after the 
public hearing until Friday, September 21, 2018.

ADDRESSES: The public hearing will be held at the FDA White Oak Campus, 
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room 
(Rm. 1503A), Silver Spring, MD 20993-0002. Entrance for public hearing 
participants (non-FDA employees) is through Building 1, where routine 
security check procedures will be performed. For parking and security 
information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows. Please note that late, untimely 
filed comments will not be considered. Electronic comments must be 
submitted on or before Friday, September 21, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of Friday, September 21, 2018. 
Comments received by mail/hand delivery/courier (for written/paper 
submissions) will be considered timely if they are postmarked or the 
delivery service acceptance receipt is on or before that date.

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-2018-N-2689 for ``Facilitating Competition and Innovation in the 
Biological Products Marketplace; Public Hearing; Request for 
Comments.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management 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

[[Page 35155]]

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: Allison Hoffman, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 1314, Silver 
Spring, MD 20993, 301-796-9203, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Biologics Price Competition and Innovation Act of 2009 (BPCI 
Act) amended the Public Health Service Act (PHS Act) and other statutes 
to create an abbreviated licensure pathway for biological products 
shown to be biosimilar to, or interchangeable with, an FDA-licensed 
biological reference product. The BPCI Act was intended to balance 
innovation and consumer interests. The abbreviated licensure pathway, 
in section 351(k) of the PHS Act, allows an applicant (a ``351(k) 
applicant'') to rely, in part, on FDA's previous determination of 
safety and effectiveness for the reference product for approval. The 
BPCI Act provides, among other things, exclusivity periods for certain 
biological products licensed in ``stand alone'' applications under 
section 351(a) of the PHS Act.
    As the marketplace of biological products continues to expand and 
evolve, FDA expects that increased availability of biosimilars and 
interchangeable products will result in more competition and create 
savings for patients and the healthcare system. At the same time, we 
recognize that there are challenges to the rapid growth of this 
marketplace. For instance, although FDA has approved 11 marketing 
applications for biosimilars as of July 1, 2018, FDA is aware that the 
majority of biosimilars licensed by FDA have not yet been marketed and 
are not available to patients.
    Although such delays in the market entry of an approved biosimilar 
are outside FDA's control, we remain focused on FDA's critical role in 
increasing the availability of biosimilars and interchangeable 
products. Recognizing that this is a crucial time in the emergence of 
the marketplace of biosimilar and interchangeable products, FDA 
recently developed a Biosimilars Action Plan. This Plan focuses on four 
key areas: (1) Improving the efficiency of the biosimilar and 
interchangeable product development and approval process; (2) 
maximizing scientific and regulatory clarity for the biosimilar product 
development community; (3) developing effective communications to 
improve understanding of biosimilars among patients, clinicians, and 
payors; and (4) supporting market competition by reducing gaming of FDA 
requirements or other attempts to unfairly delay competition.
    FDA's Biosimilars Action Plan builds on the Agency's substantial 
progress, to date, implementing the approval pathway for biosimilar and 
interchangeable products. For example, FDA has issued guidance for 
industry on numerous scientific and regulatory issues related to the 
development of proposed biosimilar and interchangeable products. FDA 
also created the Biosimilar Product Development (BPD) Program to 
facilitate the rapid development of biosimilar and interchangeable 
products. Through enrollment in this program, FDA provides detailed, 
product-specific advice to manufacturers. As of July 1, 2018, 68 
programs were enrolled in the BPD Program and FDA had received meeting 
requests to discuss the development of biosimilars for 31 different 
reference products.
    FDA has also prioritized its efforts to provide useful information 
about licensed biological products to the public. FDA publishes the 
Purple Book: Lists of Licensed Biological Products with Reference 
Product Exclusivity and Biosimilarity or Interchangeability Evaluations 
\1\ to provide information on licensed biological products, including 
information on exclusivity for reference products and on whether a 
product has been demonstrated to be biosimilar to, or interchangeable 
with, a reference product. Another FDA priority is the development of 
educational materials for patients, healthcare providers, and other 
stakeholders to increase knowledge about biological products, including 
biosimilar and interchangeable products. For example, FDA launched an 
educational campaign in October 2017 to promote understanding by 
healthcare providers of biosimilar and interchangeable products and how 
these products can help patients (see, https://www.fda.gov/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/TherapeuticBiologicApplications/Biosimilars/ucm580435.htm).
---------------------------------------------------------------------------

    \1\https://www.fda.gov/drugs/developmentapprovalprocess/howdrugsaredevelopedandapproved/approvalapplications/therapeuticbiologicapplications/biosimilars/ucm411418.htm.
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    As FDA continues working to implement the BPCI Act, FDA welcomes 
input from the public on how the Agency can enhance its efforts to 
increase access by patients to state-of-the-art, lifesaving treatment 
options by encouraging innovation and competition in the biological 
products marketplace. FDA will hold a public hearing on September 4, 
2018, from 9 a.m. to 5 p.m., to provide an opportunity for all 
interested stakeholders to submit comments.
    The format of the hearing involves presentations from the public. 
The Agency will not be inviting specific presenters; rather, with this 
document, FDA is soliciting presentations from interested stakeholders. 
FDA also invites interested persons to submit written comments to the 
docket on the topics described in section II.

II. Purpose and Scope of the Public Hearing

    FDA is soliciting input from the public on how to facilitate 
greater availability of biosimilar and interchangeable products while 
retaining the balance between competition and innovation that Congress 
intended to achieve under the BPCI Act. FDA is holding a public hearing 
to receive information and comments from a broad group of stakeholders, 
including patients,

[[Page 35156]]

researchers, healthcare providers, manufacturers, interested industry, 
professional organizations, and the public. The Agency has determined 
that a public hearing is the most appropriate way to ensure public 
engagement.
    FDA welcomes any relevant information that stakeholders wish to 
share. FDA is particularly interested in stakeholder input on how the 
Agency can achieve the following goals:
     Facilitate the efficient development of biosimilar and 
interchangeable products using state-of-the-art science;
     Develop information resources, as well as scientific or 
regulatory tools, to streamline the development of biosimilar and 
interchangeable products;
     Enhance the efficiency of FDA review of marketing 
applications for biosimilar and interchangeable products;
     Provide additional scientific or regulatory clarity 
regarding FDA's regulation of biological products, including FDA's 
review and approval of marketing applications for biological products;
     Increase healthcare provider, patient, and payor 
understanding of biological products, including biosimilar and 
interchangeable products; and
     Support market competition by addressing attempts to game 
FDA requirements or otherwise delay market entry of competing 
biological products.
    FDA is also interested in stakeholder input on the following 
questions about additional steps FDA can take, within its statutory 
authority, related to the Agency's regulation of biological products:
    1. FDA is aware that many of the biosimilar products that have been 
licensed by FDA are not yet marketed and available to patients. What 
can FDA do to help biosimilars and interchangeable products reach 
patients more quickly after these products are licensed?
    2. FDA uses the Purple Book to provide information about biological 
products licensed under section 351 of the PHS Act. What additional 
information or features could be incorporated into the Purple Book to 
make it more useful to stakeholders, including patients, healthcare 
providers, pharmacists, and manufacturers?
    3. FDA expects that the number of licensed biosimilar and 
interchangeable products will continue to increase in the coming years. 
In many, if not most, cases, FDA anticipates that multiple products 
will be licensed as biosimilar to, or interchangeable with, a given 
reference product. What additional steps can FDA take to facilitate the 
evolution of the biosimilar and interchangeable product marketplace? 
What can FDA do to ensure that confidence in these products among 
patients, healthcare providers, pharmacists, and other stakeholders 
will continue to grow?
    4. Extensive analytical characterization of the proposed biosimilar 
product and the reference product serves as the foundation for a 
demonstration of biosimilarity. FDA recognizes that obtaining and 
testing multiple lots of the reference product adds to the costs of 
developing a biosimilar product. What can FDA do to help reduce 
development costs arising from analytical studies of the reference 
product without compromising FDA's robust scientific standards for 
licensure of products under section 351(k) of the PHS Act? FDA is 
particularly interested in stakeholder comments on (1) the number of 
lots of each product (the proposed biosimilar product and the reference 
product) that should be used in analytical studies submitted to support 
licensure of a proposed biosimilar product; and (2) how a 351(k) 
applicant should account for and evaluate any observed variability in 
analytical attributes among lots of the reference product or the 
proposed biosimilar product.
    5. A 351(k) applicant may, with adequate scientific justification, 
use a non-U.S.-licensed comparator product in certain studies submitted 
to support licensure of a proposed biosimilar product. What additional 
steps can FDA take to facilitate multinational development programs 
that may include non-U.S.-licensed comparators, to help support 
development of biosimilar products?
    6. FDA expects continued innovation in the biological product 
marketplace, including innovation during the lifecycle of reference 
products licensed under section 351(a) of the PHS Act. What can FDA do 
to ensure that product changes during the lifecycle of reference 
products (e.g., changes in product presentation) are adequately 
incentivized without inappropriately deterring competition from 
biosimilar and interchangeable products, with the overall goal of 
balancing of innovation and competition?
    7. Patents or exclusivity may protect one or more conditions of use 
(e.g., indications) of the reference product. As a result, 351(k) 
applicants may seek licensure of the proposed biosimilar product for 
fewer than all of the conditions of use for which the reference product 
is licensed. Once a condition of use is no longer protected by patents 
or exclusivity, FDA anticipates that 351(k) applicants often will seek 
licensure of their product for this condition of use. What challenges 
do 351(k) applicants face in this context and what should FDA do to 
achieve the appropriate balance between innovation and competition when 
one or more conditions of use of the reference product are protected by 
exclusivity or patents?
    8. The scope of exclusivity under section 351(k)(7) of the PHS Act 
may also affect biological product innovation and market entry of 
biosimilars. Accordingly, FDA seeks comment on the potential 
application of ``umbrella exclusivity'' under section 351(k)(7). If 
umbrella exclusivity were to apply in this context, a biological 
product that would not be eligible for a new period of exclusivity 
under section 351(k)(7)(C) would nevertheless be protected for the 
duration of the exclusivity period for a previously approved reference 
product. See, for example, 54 FR 28872 at 28897 (July 10, 1989) for an 
explanation of how umbrella exclusivity functions under the Hatch-
Waxman scheme, a related and potentially instructive context (available 
at: https://cdn.loc.gov/service/ll/fedreg/fr054/fr054130/fr054130.pdf). 
Thus, umbrella exclusivity could help shield certain biological 
products that would otherwise not be eligible for their own period of 
exclusivity under section 351(k)(7)(C) from biosimilar competition. 
What considerations support recognition of umbrella exclusivity under 
section 351(k)(7), and what considerations disfavor recognizing 
umbrella exclusivity? How would umbrella exclusivity promote biological 
product innovation, and what effect would it have on market entry of 
biosimilars? What is the relevance and significance, if any, of the 
patent scheme in considering this issue?
    9. What other challenges have the potential to disrupt the balance 
between innovation and competition in the biological product 
marketplace and how can FDA or other stakeholders address these 
challenges?

III. Participating in the Public Hearing

    Registration and Requests for Oral Presentations: The FDA 
Conference Center at the White Oak location is a Federal facility with 
security procedures and limited seating. Attendance will be free and on 
a first-come, first-served basis. If you wish to attend (either in 
person or by webcast (see Streaming Webcast of the Public Hearing)) 
and/or present at the hearing, please register for the hearing and, if 
appropriate, request an oral presentation or participation in

[[Page 35157]]

the open public hearing by sending an email to [email protected] 
by Tuesday, August 14, 2018. Requests for participation in the open 
public hearing are accepted until 9 a.m. on Tuesday September 4, 2018, 
and will be accepted as long as time allows. The email should contain 
complete contact information for each attendee (name, title, degree(s), 
affiliation, address, email address, and telephone number). For those 
wishing to present at the hearing, the email should also include a 
presentation title. Those without email access can register by 
contacting Allison Hoffman at 301-796-9203 by Tuesday, August 14, 2018 
(see FOR FURTHER INFORMATION CONTACT). An agenda for the hearing and 
any other background materials will be made available 5 days before the 
hearing at https://www.fda.gov/NewsEvents/MeetingsConferencesWorkshops/UCM610692.htm.
    FDA will try to accommodate all persons who wish to make a 
presentation. Individuals wishing to present should identify the number 
of the specific question, or questions, they wish to address. This will 
help FDA organize the presentations. Individuals and organizations with 
common interests should consolidate or coordinate their presentations 
and request time for a joint presentation. FDA will notify registered 
presenters of their scheduled presentation times. The time allotted for 
each presenter will depend on the number of individuals who wish to 
speak. Presenters are encouraged to submit an electronic copy of their 
presentation (PowerPoint or PDF) to [email protected] on or 
before Thursday, August 16, 2018. Those who are not giving electronic 
presentations are encouraged to submit a single slide (PowerPoint or 
PDF) with their name, affiliation, and topic. Persons registered to 
make either an oral presentation or participate as part of the open 
public hearing are encouraged to arrive at the hearing room early and 
check in at the onsite registration table to confirm their designated 
presentation time. An agenda for the hearing and any other background 
materials will be made available 5 days before the hearing at https://www.fda.gov/NewsEvents/MeetingsConferencesWorkshops/ucm580561.htm.
    If you need special accommodations because of a disability, please 
contact [email protected] (see FOR FURTHER INFORMATION CONTACT) 
no later than Friday, August 17, 2018, at 12 noon Eastern Time.
    Streaming Webcast of the Public Hearing: For those unable to attend 
in person, FDA will provide a live webcast of the hearing. To join the 
hearing via the webcast, please go to https://collaboration.fda.gov/biosimilarspart15.
    Transcripts: Please be advised that as soon as a transcript is 
available, it will be accessible at https://www.regulations.gov. It may 
be viewed at the Dockets Management Staff (see ADDRESSES).

IV. Notification of Hearing Under 21 CFR Part 15

    The Commissioner of Food and Drugs is announcing that the public 
hearing will be held in accordance with part 15 (21 CFR part 15). The 
hearing will be conducted by a presiding officer, who will be 
accompanied by FDA senior management from the Office of the 
Commissioner, the Center for Drug Evaluation and Research, and the 
Center for Biologics Evaluation and Research. Under Sec.  15.30(f) (21 
CFR 15.30(f)), the hearing is informal and the rules of evidence do not 
apply. No participant may interrupt the presentation of another 
participant. Only the presiding officer and panel members can pose 
questions; they can question any person during or at the conclusion of 
each presentation. Public hearings under part 15 are subject to FDA's 
policy and procedures for electronic media coverage of FDA's public 
administrative proceedings (21 CFR part 10, subpart C). Under 21 CFR 
10.205, representatives of the media may be permitted, subject to 
certain limitations, to videotape, film, or otherwise record FDA's 
public administrative proceedings, including presentations by 
participants. The hearing will be transcribed as stipulated in Sec.  
15.30(b) (see Transcripts). To the extent that the conditions for the 
hearing, as described in this notification, conflict with any 
provisions set out in part 15, this notification acts as a waiver of 
those provisions as specified in Sec.  15.30(h).

    Dated: July 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-15859 Filed 7-24-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                 35154                  Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules

                                                 been estimated that approximately 200                    DEPARTMENT OF HEALTH AND                              Electronic Submissions
                                                 entities will be eligible to vote in the                 HUMAN SERVICES                                          Submit electronic comments in the
                                                 referendum. It will take an average of 15                                                                      following way:
                                                                                                          Food and Drug Administration
                                                 minutes for each voter to read the voting                                                                        • Federal eRulemaking Portal:
                                                 instructions and complete the                                                                                  https://www.regulations.gov. Follow the
                                                 referendum ballot.                                       21 CFR Part 15
                                                                                                                                                                instructions for submitting comments.
                                                 Referendum Order                                         [Docket No. FDA–2018–N–2689]                          Comments submitted electronically,
                                                                                                                                                                including attachments, to https://
                                                    Hakim Fobia, Marketing Specialist,                    Facilitating Competition and                          www.regulations.gov will be posted to
                                                 and Heather Pichelman, Director,                         Innovation in the Biological Products                 the docket unchanged. Because your
                                                 Promotion and Economics Division,                        Marketplace; Public Hearing; Request                  comment will be made public, you are
                                                 Specialty Crops Program, AMS, USDA,                      for Comments                                          solely responsible for ensuring that your
                                                 Stop 0244, Room 1406–S, 1400                                                                                   comment does not include any
                                                                                                          AGENCY:    Food and Drug Administration,
                                                 Independence Avenue SW, Washington,                                                                            confidential information that you or a
                                                                                                          HHS.
                                                 DC 20250–0244, are designated as                                                                               third party may not wish to be posted,
                                                                                                          ACTION: Notification of public hearing;               such as medical information, your or
                                                 referendum agents for this referendum.                   request for comments.                                 anyone else’s Social Security number, or
                                                 The referendum procedures at 7 CFR
                                                                                                          SUMMARY:    The Food and Drug                         confidential business information, such
                                                 1208.100 through 1208.108, issued
                                                                                                          Administration (FDA or the Agency) is                 as a manufacturing process. Please note
                                                 pursuant to the 1996 Act, will be used
                                                                                                          announcing a public hearing on FDA’s                  that if you include your name, contact
                                                 to conduct the referendum.                                                                                     information, or other information that
                                                                                                          approach to enhancing competition and
                                                    The referendum agents will mail the                                                                         identifies you in the body of your
                                                                                                          innovation in the biological products
                                                 ballots to be cast in the referendum and                                                                       comments, that information will be
                                                                                                          marketplace, including by facilitating
                                                 voting instructions to all known, eligible                                                                     posted on https://www.regulations.gov.
                                                                                                          greater availability of biosimilar and
                                                 producers and importers prior to the                                                                             • If you want to submit a comment
                                                                                                          interchangeable products.
                                                 first day of the voting period. Persons                                                                        with confidential information that you
                                                                                                          DATES: The public hearing will be held                do not wish to be made available to the
                                                 who produced 20,000 pounds or more
                                                                                                          on Tuesday, September 4, 2018, from 9                 public, submit the comment as a
                                                 of raspberries for processing in the
                                                                                                          a.m. to 5 p.m. The public hearing may                 written/paper submission and in the
                                                 United States or imported 20,000
                                                                                                          be extended or may end early,                         manner detailed (see ‘‘Written/Paper
                                                 pounds or more of processed raspberries                  depending on the level of public
                                                 into the United States during the                                                                              Submissions’’ and ‘‘Instructions’’).
                                                                                                          participation. Persons seeking to attend
                                                 representative period and were subject                   or to present at the public hearing must              Written/Paper Submissions
                                                 to assessment during that period are                     register by Tuesday, August 14, 2018.                   Submit written/paper submissions as
                                                 eligible to vote. Persons who received                   Section III provides attendance and                   follows:
                                                 an exemption from assessments                            registration information. Electronic or                 • Mail/Hand delivery/Courier (for
                                                 pursuant to § 1208.53 during the entire                  written comments will be accepted after               written/paper submissions): Dockets
                                                 representative period are ineligible to                  the public hearing until Friday,                      Management Staff (HFA–305), Food and
                                                 vote. Any eligible producer of                           September 21, 2018.                                   Drug Administration, 5630 Fishers
                                                 raspberries for processing or importer of                ADDRESSES: The public hearing will be                 Lane, Rm. 1061, Rockville, MD 20852.
                                                 processed raspberries who does not                       held at the FDA White Oak Campus,                       • For written/paper comments
                                                 receive a ballot should contact a                        10903 New Hampshire Ave., Bldg. 31                    submitted to the Dockets Management
                                                 referendum agent no later than one                       Conference Center, the Great Room (Rm.                Staff, FDA will post your comment, as
                                                 week before the end of the voting                        1503A), Silver Spring, MD 20993–0002.                 well as any attachments, except for
                                                 period. Mail ballots must be postmarked                  Entrance for public hearing participants              information submitted, marked, and
                                                 by October 5. Ballots delivered via                      (non-FDA employees) is through                        identified as confidential, if submitted
                                                 express mail or email must show proof                    Building 1, where routine security                    as detailed in ‘‘Instructions.’’
                                                 of delivery by no later than 11:59 p.m.                  check procedures will be performed. For                 Instructions: All submissions received
                                                 ET on October 5, 2018, to be counted.                    parking and security information, please              must include the Docket No. FDA–
                                                                                                          refer to https://www.fda.gov/AboutFDA/                2018–N–2689 for ‘‘Facilitating
                                                 List of Subjects in 7 CFR Part 1208                      WorkingatFDA/BuildingsandFacilities/                  Competition and Innovation in the
                                                   Administrative practice and                            WhiteOakCampusInformation/                            Biological Products Marketplace; Public
                                                 procedure, Advertising, Consumer                         ucm241740.htm.                                        Hearing; Request for Comments.’’
                                                                                                             You may submit comments as                         Received comments, those filed in a
                                                 information, Marketing agreements,
                                                                                                          follows. Please note that late, untimely              timely manner (see ADDRESSES), will be
                                                 Raspberry promotion, Reporting and
                                                                                                          filed comments will not be considered.                placed in the docket and, except for
                                                 recordkeeping requirements.                              Electronic comments must be submitted                 those submitted as ‘‘Confidential
                                                   Authority: 7 U.S.C. 7411–7425; 7 U.S.C.                on or before Friday, September 21, 2018.              Submissions,’’ publicly viewable at
                                                 7401.                                                    The https://www.regulations.gov                       https://www.regulations.gov or at the
                                                   Dated: July 20, 2018.                                  electronic filing system will accept                  Division of Dockets Management
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                          comments until midnight Eastern Time                  between 9 a.m. and 4 p.m., Monday
                                                 Bruce Summers,
                                                                                                          at the end of Friday, September 21,                   through Friday.
                                                 Administrator.                                           2018. Comments received by mail/hand                    • Confidential Submissions—To
                                                 [FR Doc. 2018–15894 Filed 7–24–18; 8:45 am]              delivery/courier (for written/paper                   submit a comment with confidential
                                                 BILLING CODE 3410–02–P                                   submissions) will be considered timely                information that you do not wish to be
                                                                                                          if they are postmarked or the delivery                made publicly available, submit your
                                                                                                          service acceptance receipt is on or                   comments only as a written/paper
                                                                                                          before that date.                                     submission. You should submit two


                                            VerDate Sep<11>2014   16:53 Jul 24, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\25JYP1.SGM   25JYP1


                                                                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules                                                   35155

                                                 copies total. One copy will include the                  for certain biological products licensed              public. FDA publishes the Purple Book:
                                                 information you claim to be confidential                 in ‘‘stand alone’’ applications under                 Lists of Licensed Biological Products
                                                 with a heading or cover note that states                 section 351(a) of the PHS Act.                        with Reference Product Exclusivity and
                                                 ‘‘THIS DOCUMENT CONTAINS                                    As the marketplace of biological                   Biosimilarity or Interchangeability
                                                 CONFIDENTIAL INFORMATION.’’ The                          products continues to expand and                      Evaluations 1 to provide information on
                                                 Agency will review this copy, including                  evolve, FDA expects that increased                    licensed biological products, including
                                                 the claimed confidential information, in                 availability of biosimilars and                       information on exclusivity for reference
                                                 its consideration of comments. The                       interchangeable products will result in               products and on whether a product has
                                                 second copy, which will have the                         more competition and create savings for               been demonstrated to be biosimilar to,
                                                 claimed confidential information                         patients and the healthcare system. At                or interchangeable with, a reference
                                                 redacted/blacked out, will be available                  the same time, we recognize that there                product. Another FDA priority is the
                                                 for public viewing and posted on                         are challenges to the rapid growth of                 development of educational materials
                                                 https://www.regulations.gov. Submit                      this marketplace. For instance, although              for patients, healthcare providers, and
                                                 both copies to the Dockets Management                    FDA has approved 11 marketing                         other stakeholders to increase
                                                 Staff. If you do not wish your name and                  applications for biosimilars as of July 1,            knowledge about biological products,
                                                 contact information to be made publicly                  2018, FDA is aware that the majority of               including biosimilar and
                                                 available, you can provide this                          biosimilars licensed by FDA have not                  interchangeable products. For example,
                                                 information on the cover sheet and not                   yet been marketed and are not available               FDA launched an educational campaign
                                                 in the body of your comments and you                     to patients.                                          in October 2017 to promote
                                                 must identify this information as                           Although such delays in the market                 understanding by healthcare providers
                                                 ‘‘confidential.’’ Any information marked                 entry of an approved biosimilar are                   of biosimilar and interchangeable
                                                 as ‘‘confidential’’ will not be disclosed                outside FDA’s control, we remain                      products and how these products can
                                                 except in accordance with 21 CFR 10.20                   focused on FDA’s critical role in                     help patients (see, https://www.fda.gov/
                                                 and other applicable disclosure law. For                 increasing the availability of biosimilars            Drugs/DevelopmentApprovalProcess/
                                                 more information about FDA’s posting                     and interchangeable products.                         HowDrugsareDevelopedandApproved/
                                                 of comments to public dockets, see 80                    Recognizing that this is a crucial time in            ApprovalApplications/Therapeutic
                                                 FR 56469, September 18, 2015, or access                  the emergence of the marketplace of                   BiologicApplications/Biosimilars/
                                                 the information at: https://www.gpo.gov/                 biosimilar and interchangeable                        ucm580435.htm).
                                                 fdsys/pkg/FR-2015-09-18/pdf/2015-                        products, FDA recently developed a                       As FDA continues working to
                                                 23389.pdf.                                               Biosimilars Action Plan. This Plan                    implement the BPCI Act, FDA welcomes
                                                    Docket: For access to the docket to                   focuses on four key areas: (1) Improving              input from the public on how the
                                                 read background documents or the                         the efficiency of the biosimilar and                  Agency can enhance its efforts to
                                                 electronic and written/paper comments                    interchangeable product development                   increase access by patients to state-of-
                                                 received, go to https://                                 and approval process; (2) maximizing                  the-art, lifesaving treatment options by
                                                 www.regulations.gov and insert the                       scientific and regulatory clarity for the             encouraging innovation and
                                                                                                          biosimilar product development                        competition in the biological products
                                                 docket number, found in brackets in the
                                                                                                          community; (3) developing effective                   marketplace. FDA will hold a public
                                                 heading of this document, into the
                                                                                                          communications to improve                             hearing on September 4, 2018, from 9
                                                 ‘‘Search’’ box and follow the prompts
                                                                                                          understanding of biosimilars among                    a.m. to 5 p.m., to provide an
                                                 and/or go to the Dockets Management
                                                                                                          patients, clinicians, and payors; and (4)             opportunity for all interested
                                                 Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                          supporting market competition by                      stakeholders to submit comments.
                                                 Rockville, MD 20852.
                                                                                                          reducing gaming of FDA requirements                      The format of the hearing involves
                                                 FOR FURTHER INFORMATION CONTACT:                         or other attempts to unfairly delay                   presentations from the public. The
                                                 Allison Hoffman, Food and Drug                           competition.                                          Agency will not be inviting specific
                                                 Administration, 10903 New Hampshire                         FDA’s Biosimilars Action Plan builds               presenters; rather, with this document,
                                                 Ave., Bldg. 1, Rm. 1314, Silver Spring,                  on the Agency’s substantial progress, to              FDA is soliciting presentations from
                                                 MD 20993, 301–796–9203,                                  date, implementing the approval                       interested stakeholders. FDA also
                                                 OMPTFeedback@fda.hhs.gov.                                pathway for biosimilar and                            invites interested persons to submit
                                                 SUPPLEMENTARY INFORMATION:                               interchangeable products. For example,                written comments to the docket on the
                                                                                                          FDA has issued guidance for industry                  topics described in section II.
                                                 I. Background
                                                                                                          on numerous scientific and regulatory
                                                    The Biologics Price Competition and                   issues related to the development of                  II. Purpose and Scope of the Public
                                                 Innovation Act of 2009 (BPCI Act)                        proposed biosimilar and                               Hearing
                                                 amended the Public Health Service Act                    interchangeable products. FDA also                       FDA is soliciting input from the
                                                 (PHS Act) and other statutes to create an                created the Biosimilar Product                        public on how to facilitate greater
                                                 abbreviated licensure pathway for                        Development (BPD) Program to facilitate               availability of biosimilar and
                                                 biological products shown to be                          the rapid development of biosimilar and               interchangeable products while
                                                 biosimilar to, or interchangeable with,                  interchangeable products. Through                     retaining the balance between
                                                 an FDA-licensed biological reference                     enrollment in this program, FDA                       competition and innovation that
                                                 product. The BPCI Act was intended to                    provides detailed, product-specific                   Congress intended to achieve under the
                                                 balance innovation and consumer                          advice to manufacturers. As of July 1,                BPCI Act. FDA is holding a public
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                                                 interests. The abbreviated licensure                     2018, 68 programs were enrolled in the                hearing to receive information and
                                                 pathway, in section 351(k) of the PHS                    BPD Program and FDA had received                      comments from a broad group of
                                                 Act, allows an applicant (a ‘‘351(k)                     meeting requests to discuss the                       stakeholders, including patients,
                                                 applicant’’) to rely, in part, on FDA’s                  development of biosimilars for 31
                                                                                                                                                                  1https://www.fda.gov/drugs/development
                                                 previous determination of safety and                     different reference products.
                                                                                                                                                                approvalprocess/howdrugsaredeveloped
                                                 effectiveness for the reference product                     FDA has also prioritized its efforts to            andapproved/approvalapplications/
                                                 for approval. The BPCI Act provides,                     provide useful information about                      therapeuticbiologicapplications/biosimilars/
                                                 among other things, exclusivity periods                  licensed biological products to the                   ucm411418.htm.



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                                                 35156                  Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules

                                                 researchers, healthcare providers,                       steps can FDA take to facilitate the                  by patents or exclusivity, FDA
                                                 manufacturers, interested industry,                      evolution of the biosimilar and                       anticipates that 351(k) applicants often
                                                 professional organizations, and the                      interchangeable product marketplace?                  will seek licensure of their product for
                                                 public. The Agency has determined that                   What can FDA do to ensure that                        this condition of use. What challenges
                                                 a public hearing is the most appropriate                 confidence in these products among                    do 351(k) applicants face in this context
                                                 way to ensure public engagement.                         patients, healthcare providers,                       and what should FDA do to achieve the
                                                    FDA welcomes any relevant                             pharmacists, and other stakeholders will              appropriate balance between innovation
                                                 information that stakeholders wish to                    continue to grow?                                     and competition when one or more
                                                 share. FDA is particularly interested in                    4. Extensive analytical                            conditions of use of the reference
                                                 stakeholder input on how the Agency                      characterization of the proposed                      product are protected by exclusivity or
                                                 can achieve the following goals:                         biosimilar product and the reference                  patents?
                                                    • Facilitate the efficient development                product serves as the foundation for a                   8. The scope of exclusivity under
                                                 of biosimilar and interchangeable                        demonstration of biosimilarity. FDA                   section 351(k)(7) of the PHS Act may
                                                 products using state-of-the-art science;                 recognizes that obtaining and testing                 also affect biological product innovation
                                                    • Develop information resources, as                   multiple lots of the reference product                and market entry of biosimilars.
                                                 well as scientific or regulatory tools, to               adds to the costs of developing a                     Accordingly, FDA seeks comment on
                                                 streamline the development of                            biosimilar product. What can FDA do to                the potential application of ‘‘umbrella
                                                 biosimilar and interchangeable                           help reduce development costs arising                 exclusivity’’ under section 351(k)(7). If
                                                 products;                                                from analytical studies of the reference              umbrella exclusivity were to apply in
                                                    • Enhance the efficiency of FDA                       product without compromising FDA’s                    this context, a biological product that
                                                 review of marketing applications for                     robust scientific standards for licensure             would not be eligible for a new period
                                                 biosimilar and interchangeable                           of products under section 351(k) of the               of exclusivity under section 351(k)(7)(C)
                                                 products;                                                PHS Act? FDA is particularly interested               would nevertheless be protected for the
                                                    • Provide additional scientific or                    in stakeholder comments on (1) the                    duration of the exclusivity period for a
                                                 regulatory clarity regarding FDA’s                       number of lots of each product (the                   previously approved reference product.
                                                 regulation of biological products,                       proposed biosimilar product and the                   See, for example, 54 FR 28872 at 28897
                                                 including FDA’s review and approval of                   reference product) that should be used                (July 10, 1989) for an explanation of
                                                 marketing applications for biological                    in analytical studies submitted to                    how umbrella exclusivity functions
                                                 products;                                                support licensure of a proposed                       under the Hatch-Waxman scheme, a
                                                    • Increase healthcare provider,                       biosimilar product; and (2) how a 351(k)              related and potentially instructive
                                                 patient, and payor understanding of                      applicant should account for and                      context (available at: https://
                                                 biological products, including                           evaluate any observed variability in                  cdn.loc.gov/service/ll/fedreg/fr054/
                                                 biosimilar and interchangeable                           analytical attributes among lots of the               fr054130/fr054130.pdf). Thus, umbrella
                                                 products; and                                            reference product or the proposed                     exclusivity could help shield certain
                                                    • Support market competition by                       biosimilar product.                                   biological products that would
                                                 addressing attempts to game FDA                             5. A 351(k) applicant may, with                    otherwise not be eligible for their own
                                                 requirements or otherwise delay market                   adequate scientific justification, use a              period of exclusivity under section
                                                 entry of competing biological products.                  non-U.S.-licensed comparator product                  351(k)(7)(C) from biosimilar
                                                    FDA is also interested in stakeholder                 in certain studies submitted to support               competition. What considerations
                                                 input on the following questions about                   licensure of a proposed biosimilar                    support recognition of umbrella
                                                 additional steps FDA can take, within                    product. What additional steps can FDA                exclusivity under section 351(k)(7), and
                                                 its statutory authority, related to the                  take to facilitate multinational                      what considerations disfavor
                                                 Agency’s regulation of biological                        development programs that may include                 recognizing umbrella exclusivity? How
                                                 products:                                                non-U.S.-licensed comparators, to help                would umbrella exclusivity promote
                                                    1. FDA is aware that many of the                      support development of biosimilar                     biological product innovation, and what
                                                 biosimilar products that have been                       products?                                             effect would it have on market entry of
                                                 licensed by FDA are not yet marketed                        6. FDA expects continued innovation                biosimilars? What is the relevance and
                                                 and available to patients. What can FDA                  in the biological product marketplace,                significance, if any, of the patent
                                                 do to help biosimilars and                               including innovation during the                       scheme in considering this issue?
                                                 interchangeable products reach patients                  lifecycle of reference products licensed                 9. What other challenges have the
                                                 more quickly after these products are                    under section 351(a) of the PHS Act.                  potential to disrupt the balance between
                                                 licensed?                                                What can FDA do to ensure that product                innovation and competition in the
                                                    2. FDA uses the Purple Book to                        changes during the lifecycle of reference             biological product marketplace and how
                                                 provide information about biological                     products (e.g., changes in product                    can FDA or other stakeholders address
                                                 products licensed under section 351 of                   presentation) are adequately                          these challenges?
                                                 the PHS Act. What additional                             incentivized without inappropriately
                                                 information or features could be                         deterring competition from biosimilar                 III. Participating in the Public Hearing
                                                 incorporated into the Purple Book to                     and interchangeable products, with the                   Registration and Requests for Oral
                                                 make it more useful to stakeholders,                     overall goal of balancing of innovation               Presentations: The FDA Conference
                                                 including patients, healthcare providers,                and competition?                                      Center at the White Oak location is a
                                                 pharmacists, and manufacturers?                             7. Patents or exclusivity may protect              Federal facility with security procedures
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                                                    3. FDA expects that the number of                     one or more conditions of use (e.g.,                  and limited seating. Attendance will be
                                                 licensed biosimilar and interchangeable                  indications) of the reference product. As             free and on a first-come, first-served
                                                 products will continue to increase in the                a result, 351(k) applicants may seek                  basis. If you wish to attend (either in
                                                 coming years. In many, if not most,                      licensure of the proposed biosimilar                  person or by webcast (see Streaming
                                                 cases, FDA anticipates that multiple                     product for fewer than all of the                     Webcast of the Public Hearing)) and/or
                                                 products will be licensed as biosimilar                  conditions of use for which the                       present at the hearing, please register for
                                                 to, or interchangeable with, a given                     reference product is licensed. Once a                 the hearing and, if appropriate, request
                                                 reference product. What additional                       condition of use is no longer protected               an oral presentation or participation in


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                                                                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules                                          35157

                                                 the open public hearing by sending an                    the webcast, please go to https://                    DEPARTMENT OF LABOR
                                                 email to OMPTfeedback@fda.hhs.gov by                     collaboration.fda.gov/biosimilarspart15.
                                                 Tuesday, August 14, 2018. Requests for                                                                         Mine Safety and Health Administration
                                                                                                             Transcripts: Please be advised that as
                                                 participation in the open public hearing                 soon as a transcript is available, it will
                                                 are accepted until 9 a.m. on Tuesday                                                                           30 CFR 56 and 75
                                                                                                          be accessible at https://
                                                 September 4, 2018, and will be accepted
                                                                                                          www.regulations.gov. It may be viewed                 [Docket No. MSHA–2018–0016]
                                                 as long as time allows. The email should
                                                 contain complete contact information                     at the Dockets Management Staff (see
                                                                                                                                                                RIN 1219–AB91
                                                 for each attendee (name, title, degree(s),               ADDRESSES).
                                                 affiliation, address, email address, and                 IV. Notification of Hearing Under 21                  Safety Improvement Technologies for
                                                 telephone number). For those wishing to                  CFR Part 15                                           Mobile Equipment at Surface Mines,
                                                 present at the hearing, the email should                                                                       and for Belt Conveyors at Surface and
                                                 also include a presentation title. Those                    The Commissioner of Food and Drugs                 Underground Mines
                                                 without email access can register by                     is announcing that the public hearing                 AGENCY: Mine Safety and Health
                                                 contacting Allison Hoffman at 301–796–                   will be held in accordance with part 15               Administration, Labor.
                                                 9203 by Tuesday, August 14, 2018 (see                    (21 CFR part 15). The hearing will be
                                                 FOR FURTHER INFORMATION CONTACT). An                                                                           ACTION: Announcement of public
                                                                                                          conducted by a presiding officer, who
                                                 agenda for the hearing and any other                                                                           stakeholder meetings.
                                                                                                          will be accompanied by FDA senior
                                                 background materials will be made                        management from the Office of the                     SUMMARY:    The Mine Safety and Health
                                                 available 5 days before the hearing at                   Commissioner, the Center for Drug                     Administration (MSHA) is announcing
                                                 https://www.fda.gov/NewsEvents/                          Evaluation and Research, and the Center               the dates and locations of public
                                                 MeetingsConferencesWorkshops/
                                                                                                          for Biologics Evaluation and Research.                stakeholder meetings on the Agency’s
                                                 UCM610692.htm.
                                                    FDA will try to accommodate all                       Under § 15.30(f) (21 CFR 15.30(f)), the               Request for Information on Safety
                                                 persons who wish to make a                               hearing is informal and the rules of                  Improvement Technologies for Mobile
                                                 presentation. Individuals wishing to                     evidence do not apply. No participant                 Equipment at Surface Mines, and for
                                                 present should identify the number of                    may interrupt the presentation of                     Belt Conveyors at Surface and
                                                 the specific question, or questions, they                another participant. Only the presiding               Underground Mines.
                                                 wish to address. This will help FDA                      officer and panel members can pose                    DATES: Comments must be received or
                                                 organize the presentations. Individuals                  questions; they can question any person               postmarked by midnight Eastern
                                                 and organizations with common                            during or at the conclusion of each                   Standard Time on December 24, 2018.
                                                 interests should consolidate or                          presentation. Public hearings under part              The meeting dates and locations are
                                                 coordinate their presentations and                       15 are subject to FDA’s policy and                    listed in the SUPPLEMENTARY
                                                 request time for a joint presentation.                   procedures for electronic media                       INFORMATION section of this document.
                                                 FDA will notify registered presenters of                 coverage of FDA’s public administrative               ADDRESSES: Federal Register
                                                 their scheduled presentation times. The                  proceedings (21 CFR part 10, subpart C).              Publications: Access documents
                                                 time allotted for each presenter will                    Under 21 CFR 10.205, representatives of               electronically at http://www.msha.gov/
                                                 depend on the number of individuals                      the media may be permitted, subject to                regsinfo.htm or http://
                                                 who wish to speak. Presenters are                        certain limitations, to videotape, film, or           www.regulations.gov [Docket No.
                                                 encouraged to submit an electronic copy                  otherwise record FDA’s public                         MSHA–2018–0016].
                                                 of their presentation (PowerPoint or                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                          administrative proceedings, including
                                                 PDF) to OMPTfeedback@fda.hhs.gov on                                                                            Sheila A. McConnell, Director, Office of
                                                                                                          presentations by participants. The
                                                 or before Thursday, August 16, 2018.                                                                           Standards, Regulations, and Variances,
                                                 Those who are not giving electronic                      hearing will be transcribed as stipulated
                                                                                                          in § 15.30(b) (see Transcripts). To the               MSHA, at mcconnell.sheila.a@dol.gov
                                                 presentations are encouraged to submit                                                                         (email), 202–693–9440 (voice), or 202–
                                                 a single slide (PowerPoint or PDF) with                  extent that the conditions for the
                                                                                                          hearing, as described in this                         693–9441 (fax). These are not toll-free
                                                 their name, affiliation, and topic.                                                                            numbers.
                                                 Persons registered to make either an oral                notification, conflict with any
                                                 presentation or participate as part of the               provisions set out in part 15, this                   SUPPLEMENTARY INFORMATION:
                                                 open public hearing are encouraged to                    notification acts as a waiver of those
                                                                                                                                                                I. Stakeholder Meetings
                                                 arrive at the hearing room early and                     provisions as specified in § 15.30(h).
                                                 check in at the onsite registration table                                                                         MSHA will hold six public
                                                                                                            Dated: July 19, 2018.
                                                 to confirm their designated presentation                                                                       stakeholder meetings and one webinar
                                                                                                          Leslie Kux,                                           on the Agency’s Request for Information
                                                 time. An agenda for the hearing and any
                                                 other background materials will be                       Associate Commissioner for Policy.                    (RFI) addressing Safety Improvement
                                                 made available 5 days before the hearing                 [FR Doc. 2018–15859 Filed 7–24–18; 8:45 am]           Technologies for Mobile Equipment at
                                                 at https://www.fda.gov/NewsEvents/                       BILLING CODE 4164–01–P                                Surface Mines, and for Belt Conveyors
                                                 MeetingsConferencesWorkshops/                                                                                  at Surface and Underground Mines. The
                                                 ucm580561.htm.                                                                                                 meetings will be conducted in an
                                                    If you need special accommodations                                                                          informal manner. Presenters and
                                                 because of a disability, please contact                                                                        attendees may provide written
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                                                 OMPTFeedback@fda.hhs.gov (see FOR                                                                              information to the court reporter for
                                                 FURTHER INFORMATION CONTACT) no later                                                                          inclusion in the record. MSHA will
                                                 than Friday, August 17, 2018, at 12                                                                            make transcripts of the meetings
                                                 noon Eastern Time.                                                                                             available at http://www.regulations.gov
                                                    Streaming Webcast of the Public                                                                             and on MSHA’s website at: https://
                                                 Hearing: For those unable to attend in                                                                         arlweb.msha.gov/currentcomments.asp.
                                                 person, FDA will provide a live webcast                                                                           Interested parties may attend these
                                                 of the hearing. To join the hearing via                                                                        stakeholder meetings either in-person or


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Document Created: 2018-07-25 00:44:32
Document Modified: 2018-07-25 00:44:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of public hearing; request for comments.
DatesThe public hearing will be held on Tuesday, September 4, 2018, from 9 a.m. to 5 p.m. The public hearing may be extended or may end early, depending on the level of public participation. Persons seeking to attend or to present at the public hearing must register by Tuesday, August 14, 2018. Section III provides attendance and registration information. Electronic or written comments will be accepted after the public hearing until Friday, September 21, 2018.
ContactAllison Hoffman, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 1314, Silver Spring, MD 20993, 301-796-9203, [email protected]
FR Citation83 FR 35154 

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