83_FR_43069 83 FR 42904 - Designating Additions to the Current List of Tropical Diseases in the Federal Food, Drug, and Cosmetic Act

83 FR 42904 - Designating Additions to the Current List of Tropical Diseases in the Federal Food, Drug, and Cosmetic Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 165 (August 24, 2018)

Page Range42904-42910
FR Document2018-18314

The Federal Food, Drug, and Cosmetic Act (FD&C Act) authorizes the Food and Drug Administration (FDA or Agency) to award priority review vouchers (PRVs) to tropical disease product applicants when the applications meet certain criteria. The FD&C Act lists the diseases that are considered tropical diseases for purposes of obtaining PRVs and provides for Agency expansion of that list to include other diseases that satisfy the definition of ``tropical diseases'' as set forth in the FD&C Act. The Agency has determined that chikungunya virus disease, Lassa fever, rabies, and cryptococcal meningitis satisfy this definition and is therefore adding them to the list of designated tropical diseases whose product applications may result in the award of PRVs. Sponsors submitting certain drug or biological product applications for the prevention or treatment of chikungunya virus disease, Lassa fever, rabies, and cryptococcal meningitis may be eligible to receive a PRV if such applications are approved by FDA.

Federal Register, Volume 83 Issue 165 (Friday, August 24, 2018)
[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42904-42910]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18314]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0567]


Designating Additions to the Current List of Tropical Diseases in 
the Federal Food, Drug, and Cosmetic Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

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SUMMARY: The Federal Food, Drug, and Cosmetic Act (FD&C Act) authorizes 
the Food and Drug Administration (FDA or Agency) to award priority 
review vouchers (PRVs) to tropical disease product applicants when the 
applications meet certain criteria. The FD&C Act lists the diseases 
that are considered tropical diseases for purposes of obtaining PRVs 
and provides for Agency expansion of that list to include other 
diseases that satisfy the definition of ``tropical diseases'' as set 
forth in the FD&C Act. The Agency has determined that chikungunya virus 
disease, Lassa fever, rabies, and cryptococcal meningitis satisfy this 
definition and is therefore adding them to the list of designated 
tropical diseases whose product applications may result in the award of 
PRVs. Sponsors submitting certain drug or biological product 
applications for the prevention or treatment of chikungunya virus 
disease, Lassa fever, rabies, and cryptococcal meningitis may be 
eligible to receive a PRV if such applications are approved by FDA.

DATES: This order is effective August 24, 2018.

ADDRESSES: Submit electronic comments on additional diseases suggested 
for designation to https://www.regulations.gov. Submit written comments 
on additional diseases suggested for designation to the Dockets 
Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified 
with the docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT: Katherine Schumann, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 6242, Silver Spring, MD 20993-0002, 301-
796-1300, Katherine.Schumann@fda.hhs.gov; or Office of Communication, 
Outreach and Development (OCOD), Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave., 
Silver Spring, MD 20993-0002, 1-800-835-4709 or 240-402-8010, 
ocod@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background: Priority Review Voucher Program
II. Diseases Being Designated
    A. Chikungunya Virus Disease
    B. Lassa Fever
    C. Rabies
    D. Cryptococcal Meningitis
III. Process for Requesting Additional Diseases To Be Added to the 
List
IV. Paperwork Reduction Act
V. References

[[Page 42905]]

I. Background: Priority Review Voucher Program

    Section 524 of the FD&C Act (21 U.S.C. 360n), which was added by 
section 1102 of the Food and Drug Administration Amendments Act of 
2007, uses a PRV incentive to encourage the development of new drugs 
for prevention and treatment of certain diseases that, in the 
aggregate, affect millions of people throughout the world. Further 
information about the tropical disease PRV program can be found in 
guidance for industry ``Tropical Disease Priority Review Vouchers'' (81 
FR 69537, October 6, 2016, available at https://www.federalregister.gov/documents/2015/08/20/2015-20554/designating-additions-to-the-current-list-of-tropical-diseases-in-the-federal-food-drug-and-cosmetic). Additions to the statutory list of tropical 
diseases published in the Federal Register can be accessed at https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm534162.htm.
    On August 20, 2015, FDA published a final order (80 FR 50559) 
(final order) designating Chagas disease and neurocysticercosis as 
tropical diseases. That final order also sets forth FDA's 
interpretation of the statutory criteria for tropical disease 
designation and expands the list of tropical diseases under section 
524(a)(3)(S) of the FD&C Act, which authorizes FDA to designate by 
order ``[a]ny other infectious disease for which there is no 
significant market in developed nations and that disproportionately 
affects poor and marginalized populations'' as a tropical disease.
    In this document, FDA has applied its August 2015 criteria as set 
forth in the final order to analyze whether Chikungunya virus disease, 
Lassa fever, rabies, and cryptococcal meningitis meet the statutory 
criteria for addition to the tropical disease list.

II. Diseases Being Designated

    FDA has considered all diseases submitted to the public docket 
(FDA-2008-N-0567) between August 20, 2015, and June 20, 2018, as 
potential additions to the list of tropical diseases under section 524 
of the FD&C Act, pursuant to the docket review process explained on the 
Agency's website (see https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm534162.htm). Based on an 
assessment using the criteria from its August 20, 2015, final order, 
FDA has determined that the following additional diseases will be 
designated as ``tropical diseases'' under section 524 of the FD&C Act:

 Chikungunya virus disease
 Lassa fever
 Rabies
 Cryptococcal meningitis

    FDA's rationale for adding these diseases to the list is discussed 
in the analyses that follow.

A. Chikungunya Virus Disease

    Chikungunya virus (CHIKV) is an arbovirus transmitted by Aedes 
mosquitoes in tropical climates in Africa, Asia, islands in the Indian 
and Pacific Oceans, Europe, and, since 2013, the Americas (Ref. 1). 
Although CHIKV mortality is relatively low (0.01 to 0.1 percent), 
attack rates are very high (33 to 66 percent) and most infections are 
symptomatic (Refs. 2 and 3). Many infected individuals experience 
painful arthralgia, which can persist for months and even years (Ref. 
4). Life-threatening manifestations of CHIKV, including organ failure, 
meningoencephalitis, hemorrhagic symptoms, and myocardial disease, and 
death occur in neonates, the elderly, and individuals with chronic 
comorbidities (Ref. 3).
    There is no approved antiviral treatment for CHIKV in the United 
States or anywhere else in the world (Refs. 5 and 6). Therapeutic 
management largely aims to relieve pain and inflammation and limit the 
loss of mobility and physical fitness through the use of analgesic and 
non-steroidal anti-inflammatory drugs. There is no approved CHIKV 
vaccine (Ref. 6).
1. No Significant Market in Developed Nations
    CHIKV disease occurs rarely in developed nations (Ref. 1). 
Outbreaks of CHIKV primarily occur in poor tropical regions where 
uncontrolled breeding of Aedes aegypti and Aedes albopictus mosquitoes 
occurs in close proximity to humans due to inadequate sanitation and 
poor living conditions (Ref. 7). For example, in 2015, more than 
700,000 suspected or confirmed cases of CHIKV were reported in the 
Americas; however, only 1,185 of those cases occurred in the United 
States (excluding territories) and Canada, all of which were imported 
(Refs. 8 and 9). The U.S. territories of Puerto Rico and the U.S. 
Virgin Islands reported 202 cases, all of which were transmitted 
locally (Ref. 8). There were no locally transmitted cases of CHIKV 
reported in Europe, Japan, Australia, or New Zealand in 2015 (Ref. 10). 
Even among U.S. military and military dependents, who are sometimes 
deployed to outbreak areas, CHIKV infection is rare; there were only 
121 CHIKV cases among U.S. Department of Defense healthcare 
beneficiaries between January 2014 and February 2015 (Ref. 11).
    Based on the epidemiology of reported CHIKV cases, the market for 
vaccines in developed nations such as the United States would largely 
comprise travelers at risk of CHIKV infection and military populations. 
These markets are unlikely to provide sufficient incentive to encourage 
development of products to treat or prevent CHIKV infection. Although a 
limited number of locally transmitted cases have recently been reported 
in U.S. territories, the disease is not currently considered endemic in 
those areas. Whether those populations could broaden the market for 
products to treat or prevent CHIKV infection in the future is unknown. 
CHIKV drug development is not significantly funded by U.S. Government 
sources, and CHIKV is not among the Centers for Disease Control and 
Prevention's (CDC) list of potential bioterrorism agents.
2. Disproportionately Affects Poor and Marginalized Populations
    Poor populations in tropical environments experience the primary 
burden of CHIKV disease because they are disproportionally exposed to 
its mosquito vectors (Ref. 7). Arboviral diseases disproportionally 
affect low-income urban and rural populations through increased 
mosquito exposure due to poor housing, lack of sanitation 
infrastructure, and outdoor occupations such as animal husbandry (Refs. 
7 and 12). Large-scale and systematic insecticide mosquito control 
programs, once considered a public health priority throughout the world 
due to yellow fever virus, were largely dismantled due to diminishing 
resources and are therefore not available in most developing nations 
(Ref. 13).
    Although CHIKV infection is rarely fatal, CHIKV sequelae have a 
major impact on productivity and economics in developing nations (Ref. 
7). CHIKV outbreaks are often explosively large, with high attack rates 
and high rates of symptomatic disease (Refs. 1 and 3). An outbreak in 
India in 2006 involved more than 1.3 million suspected cases and was 
associated with more than 25,000 Disability Adjusted Life Years (DALYs) 
lost (Ref. 14). A meta-analysis of 38 published studies confined to 
cases occurring in 2005 estimated that CHIKV led to up to 1 million 
years of healthy life lost and 1.5 million DALYs lost (Ref. 15).
    Neonates are particularly vulnerable to serious complications of 
CHIKV infection. Among neonates born 1 day

[[Page 42906]]

before or within 5 days following the onset of their infected mothers' 
symptoms, 50 percent are born with CHIKV infection (Ref. 3). Neonates 
are also highly vulnerable to direct inoculation of CHIKV through 
mosquito bites. Infected neonates present with fever, breastfeeding 
difficulties, thrombocytopenia, lymphopenia, and moderate hepatic 
cytolysis. One in four develops one or more serious complications, such 
as encephalopathy with progressive cerebral edema, sepsis, coagulopathy 
with hemorrhage, and cardiomyopathy (Ref. 3).
    The elderly and individuals with chronic comorbid conditions are 
also susceptible to life-threatening CHIKV disease (Refs. 3 and 16). A 
case series of 65 patients admitted to intensive care units with 
confirmed CHIKV in Martinique and Guadeloupe found that most patients 
were older than 50, and 83 percent of patients had preexisting 
comorbidities such as hypertension, diabetes, heart failure, and 
chronic kidney disease (Ref. 16). Upon admission, 57 percent required 
mechanical ventilation, 46 percent had shock requiring vasoactive 
drugs, 31 percent required renal replacement therapy, and 27 percent 
died (Ref. 16).
    The World Health Organization (WHO) has designated Chikungunya as a 
Neglected Tropical Disease (Ref. 17).
    Given the factors described above, FDA has determined that CHIKV 
disease meets both statutory criteria of ``no significant market in 
developed nations'' and ``disproportionately affects poor and 
marginalized populations.'' Therefore, FDA is designating CHIKV disease 
as a tropical disease under section 524 of the FD&C Act.

B. Lassa Fever

    Lassa fever (LF) is an acute viral infection caused by Lassa virus, 
a single-stranded ribonucleic acid virus belonging to the arenavirus 
family. LF is endemic in parts of West Africa (Benin, Ghana, Guinea, 
Liberia, Mali, Sierra Leone, and Nigeria), but probably exists in other 
West African countries where the animal vector for Lassa virus is 
distributed. Most Lassa virus infections (~80 percent) are mild or 
asymptomatic. In the remaining 20 percent of Lassa virus infections, 
the disease may progress to more severe symptoms that include 
respiratory distress, bleeding, shock, multiorgan system failure, and 
death. Involvement of the central nervous system may also occur with 
tremors, encephalitis, or hearing loss (Ref. 18).
    The overall mortality rate of all Lassa virus infections is 
approximately 1 percent. However, the mortality rate in hospitalized 
patients is about 15 to 20 percent (Ref. 19). The most common 
complication of Lassa virus infection is sensorineural hearing loss. 
About one-third of hospitalized patients develop hearing loss; in most 
of these patients, hearing loss is permanent. Sensorineural hearing 
loss may also occur in patients with mild or asymptomatic disease (Ref. 
20).
    Currently, there are no FDA-approved drugs for prophylaxis or 
treatment of LF. In the absence of vaccine that protects against LF, 
disease prevention relies on good community hygiene to avert rodents 
from entering homes.
1. No Significant Market in Developed Nations
    LF does not occur in developed countries, except for a few imported 
cases. Characteristically, since 1969, only six cases of LF have been 
documented in travelers returning to the United States (not including 
convalescent patients) (Ref. 21). Thus, LF appears to meet the criteria 
of not having a significant direct market in developed countries.
    FDA is also unaware of evidence of a significant indirect market 
for LF products. Lassa virus, like other hemorrhagic viruses, has been 
categorized as a Category A pathogen by CDC (Refs. 22 to 24). Category 
A pathogens are considered a threat to public health and are viewed as 
potential biological weapons threat agents. Therefore, if a drug 
against a Category A pathogen is developed, it could have an indirect 
market if stockpiled as a medical countermeasure for the U.S. 
Government. At present, however, FDA is unaware of any significant 
funding by the military, the Biomedical Advanced Research and 
Development Authority, or any other U.S. Government sources for drug 
development targeting treatment or prophylaxis against LF. Further, 
Lassa virus is not listed as a high-priority threat in the 2017 Public 
Health Emergency Medical Countermeasures Enterprise (PHEMCE) Strategy 
and Implementation Plan (Ref. 25).
2. Disproportionately Affects Poor and Marginalized Populations
    LF is exclusively endemic in some West African countries. LF cases 
identified in areas where LF is not endemic have occurred rarely and 
are usually imported by persons returning from West Africa. Every year, 
Lassa virus is estimated to cause 100,000 to 300,000 infections in West 
Africa, with approximately 5,000 deaths (Refs. 19 and 21). All 
countries where LF is known to be endemic (Benin, Ghana, Guinea, 
Liberia, Mali, Sierra Leone, and Nigeria) are classified by the World 
Bank as either low income (gross national income per capita of $1,045 
or less) or lower-middle income (gross national income per capita of 
$1,046-$4,125). Further, the incidence of LF in endemic countries is 
much higher among the poorest rural populations (Ref. 26). The 
characteristics of the disease (high morbidity and mortality) indicate 
a potentially significant DALY impact, although a comprehensive 
literature search failed to identify any DALY data.
    LF causes serious disease and death in both sexes and in all age 
groups, including children. The mortality rate is much higher for women 
in their third trimester of pregnancy. Spontaneous abortion is also a 
serious complication of Lassa virus infection, with a 95 percent 
mortality in fetuses of pregnant women (Refs. 21 and 26).
    LF has not been designated by WHO as a neglected tropical disease. 
However, a panel of scientists and public health experts convened by 
WHO met in Geneva on December 8 and 9, 2015, to prioritize the top 5 to 
10 emerging pathogens likely to cause severe outbreaks in the near 
future and for which few or no medical countermeasures exist. LF was 
one out of the nine diseases included in the initial list that need 
research and development preparedness to help control future outbreaks 
(Refs. 26 and 27).
    Given the factors described above, FDA has determined that LF meets 
both statutory criteria of ``no significant market in developed 
nations'' and ``disproportionately affects poor and marginalized 
populations.'' Therefore, FDA is designating Lassa fever as a tropical 
disease under section 524 of the FD&C Act.

C. Rabies

    Human rabies infection is caused by the rabies virus, which 
typically enters the body through animal bite wounds or by direct 
contact of the virus with the body's mucosal or respiratory surfaces. 
Virtually all patients with human rabies infection ultimately progress 
to coma followed by death, although rare recoveries have been reported 
(Ref. 28).
    As rabies is almost always fatal, post-exposure prophylaxis is 
recommended after suspected or proven exposure to rabies virus. Post-
exposure rabies prophylaxis (PEP) should include wound cleansing, 
infiltration of rabies immunoglobulin into and around the wound, and 
vaccination with cell culture rabies vaccines (Ref. 29). Pre-exposure 
prophylaxis, consisting of

[[Page 42907]]

administration of a rabies vaccine course, is recommended for anyone 
who is at continual, frequent, or increased risk for exposure to the 
rabies virus (Ref. 30). Rabies vaccines licensed for human use in the 
United States include human diploid cell vaccine (IMOVAX) and purified 
chick embryo cell vaccine (RabAvert). WHO has recommended 
discontinuation of nerve tissue vaccines, which are associated with 
more severe adverse reactions and are less immunogenic than cell-
culture and embryonated egg-based rabies vaccines, since 1984; however, 
these vaccines remain in use in some developing nations (Ref. 31). Two 
rabies immunoglobulin products are licensed in the United States: 
IMOGAM and HyperRab. There are no approved treatments for symptomatic 
human rabies infection.
1. No Significant Market in Developed Nations
    In developed nations, wild animals (e.g., raccoons, bats, skunks, 
foxes), rather than domesticated animals, account for the vast majority 
of reported rabies cases. Successful rabies vaccination programs have 
eliminated canine rabies in developed nations (including the United 
States), except for cases contracted while living in or travelling to 
rabies-endemic areas (Ref. 31). WHO categorizes Europe and North 
America as low-risk areas for humans contracting rabies (Ref. 32). 
Specific rabies prevalence information in the U.S. animal population 
was not identified in review of CDC rabies surveillance data; however, 
in 2014, a total of 6,033 animals were reported to be rabid in the 
United States, over 90 percent occurring in wild animals (Ref. 33).
    Using pre-exposure or post-exposure prophylaxis can prevent human 
rabies infection. Christian, et al. reported an estimated 6,000 to 
7,000 vaccine doses used annually in the United States for pre-exposure 
vaccination of critical personnel engaged in occupational activities 
with a risk for rabies exposure, and a separate survey estimated 6,600 
vaccine doses required each year to vaccinate approximately 2,200 
veterinary students (Ref. 34).
    The United States does not have a national reporting system for use 
of rabies PEP; therefore, the accurate usage information is unknown. 
The CDC states an estimated 40,000 to 50,000 PEP treatments are 
administered annually in the United States, yielding an incidence of 
0.01 to 0.02 percent using 2015 U.S. Census Bureau population estimate 
data (Refs. 35 and 36). Christian, et al. reported that between 2006 
and 2008, the annual U.S. national average PEP use was estimated at 
23,415 courses (range: 10,645-35,845), with an average annual rate of 
PEP administration for 16 states and NYC of 8.46/100,000 persons 
(range: 1.14-18.89/100,000 persons) (Ref. 34). The available data 
regarding pre-exposure and post-exposure rabies prophylaxis in the 
United States suggests that the population for whom rabies vaccines and 
human rabies immunoglobulin products are used is below 0.1 percent of 
the population, supporting the conclusion that there is no significant 
market for preventing human rabies infection in developed nations.
    Between 2006 and 2011, there were 12 human rabies cases reported in 
Europe, of which 6 were imported (Refs. 37 and 38). In the United 
States and Puerto Rico, 37 persons have been diagnosed with human 
rabies since 2003, including 11 cases (30 percent) with exposure 
occurring outside of the United States and its territories and 5 cases 
(14 percent) acquired from organ or tissue transplantation (Ref. 33). 
Although a specific prevalence is not reported, the rarity of human 
rabies infection in the United States is well below 0.1 percent of the 
population. A direct market for products to treat symptomatic rabies 
would therefore be small.
    The Joint Regulation on Immunizations and Chemoprophylaxis for the 
Prevention of Infectious Diseases Army Regulation 40-562 provides 
general guidance on rabies prevention recommendations for military 
personnel (Army, Navy, Air Force, Marine Corps, Coast Guard) (Ref. 39). 
Nevertheless, FDA is unaware of evidence suggesting any sizable 
government or other indirect market for rabies virus products.
2. Disproportionately Affects Poor and Marginalized Populations
    Although rabies is present in all continents except Antarctica, 
more than 95 percent of human deaths occur in Asia and Africa. WHO has 
designated rabies virus as a Neglected Tropical Disease (Ref. 17). It 
considers rabies a neglected disease of poor and vulnerable populations 
and reports the majority of deaths (84 percent) occur in rural areas 
(Ref. 31). In contrast to rabies epidemiology in developed nations, 
domestic dogs account for 99 percent of human rabies cases globally. 
Children in particular are at risk for human rabies infection: 40 
percent of people bitten by suspected rabid animals are less than 15 
years of age (Ref. 40).
    Human rabies infection is a preventable disease, and the 
overwhelming majority of rabies deaths result from the lack of 
recommended PEP administration following suspected rabies exposure 
(Ref. 39). The annual number of human rabies deaths worldwide estimated 
in 2010 ranged from 26,400 (95 percent confidence interval 15,200-
45,200) to 61,000 (95 percent CI 37,000-86,000) using different 
statistical approaches (Ref. 31). Using these data, DALYs for human 
rabies are estimated at 1.9 million (95 percent CI, 1.3-2.6 million) 
(id.). In developing countries, licensed purified cell culture and 
embryonated egg-based rabies vaccines and immunoglobulin for rabies PEP 
are neither readily available (due to shortages) nor accessible 
(distance to medical centers, affordability) (Refs. 39 and 40). The 
average cost of rabies PEP is reported to be US $40 in Africa and US 
$49 in Asia, which greatly exceeds the average daily income estimated 
at US $1-$2 per person (Ref. 40).
    Given the factors described above, FDA has determined that rabies 
meets both the statutory criteria of ``no significant market in 
developed nations'' and ``disproportionately affects poor and 
marginalized populations.'' Therefore, FDA is designating rabies as a 
tropical disease under section 524 of the FD&C Act.

D. Cryptococcal Meningitis

    Cryptococcus species are encapsulated fungi found in the 
environment throughout the world. The two most prominent species that 
cause human disease are C. neoformans and C. gattii (Ref. 41). The 
majority of cryptococcal meningitis (CM) is caused by C. neoformans 
infection in immunocompromised individuals. The incidence of CM 
increased substantially with the human immunodeficiency virus (HIV)/
acquired immune deficiency syndrome (AIDS) epidemic in the late 20th 
century and remains high in developing countries that lack access to 
effective antiretroviral therapy (Ref. 42).
    Cryptococcal infection typically occurs by inhalation of the fungi 
into the lungs. In immunocompromised individuals, the resulting 
pulmonary infection frequently spreads to the central nervous system, 
causing meningitis (Ref. 43). The primary recommended treatment of CM 
in developed countries includes a 2-week induction phase with 
amphotericin B and oral flucytosine, followed by long-term maintenance 
therapy with oral fluconazole (Ref. 44). In resource-limited nations, 
oral fluconazole is often the only therapeutic option available. Poor 
access to care and limited availability of standard antifungal therapy 
for patients with CM result in

[[Page 42908]]

significantly higher mortality and treatment failure rates in 
developing countries (Ref. 45). Park, et al. (2009) estimated that, 
excluding HIV/AIDS, CM is the fourth leading cause of death in sub-
Saharan Africa, causing more deaths than tuberculosis (Ref. 46).
1. No Significant Market in Developed Nations
    Immunocompromised patients are typically the most vulnerable 
population to develop serious manifestations from infection with 
Cryptococcus, and the prevalence of CM is closely linked to the 
prevalence of untreated and poorly managed HIV/AIDS. There has been a 
reduction in the incidence of CM in the United States and other 
developed nations due to the availability of antiretroviral therapy and 
lower rates of individuals with advanced HIV/AIDS (Ref. 42). Per the 
CDC, national estimates of the incidence of cryptococcosis are 
difficult to establish because it is only reportable in a few states 
(id.). In 2000, a population-based surveillance study in two U.S. 
metropolitan areas estimated that the annual incidence of 
cryptococcosis among persons with AIDS was between 2 and 7 cases per 
1,000, and the overall incidence was 0.4 to 1.3 cases per 100,000 (Ref. 
47). As of 2009, Pyrgos, et al. estimated that approximately 3,400 
annual hospitalizations were associated with CM in the United States 
(Ref. 48). Given that the overwhelming majority of patients diagnosed 
with CM in the United States will initiate therapy in the hospital, FDA 
considers 3,400 annually a rough estimate of the number of cases of CM 
in the United States. Based on the CDC treatment guidelines for CM, FDA 
estimates that most CM patients will receive at least 1 year of 
therapy. Therefore, even if the proportion of CM patients on therapy at 
any given time is 50 times the annual incidence of CM, the prevalence 
of CM in the United States remains below 0.1 percent of the population.
    Clinical practice guidelines for the management of cryptococcal 
disease do not routinely recommend primary antifungal prophylaxis for 
cryptococcosis in HIV-infected patients in the United States and 
Europe. This recommendation is based on the relative infrequency of 
cryptococcal disease, lack of survival benefits, potential for drug-
drug interactions, creation of direct antifungal drug resistance, 
medication compliance, and costs. Routine primary prophylaxis for 
cryptococcosis is also not currently recommended in transplant 
recipients (Ref. 44).
    The emergence of C. gattii in the Pacific Northwest in 2004, 
primarily among immunocompetent individuals, raised concerns about a 
new serious infectious disease risk for people residing in or traveling 
to the Pacific Northwest states. However, there have been only 60 cases 
reported to CDC between 2004 and 2010 (Ref. 49). U.S. cases continue to 
be reported at a relatively low rate, 20-23 cases per year each in 2012 
and 2013 (Ref. 50). The emergence of C. gattii in the United States has 
not resulted in a large number of cases that could potentially warrant 
a significant market for treatment or prevention.
    Therefore, in the United States and other developed countries, 
there does not appear to be a significant market for developing new 
drugs or vaccines for the treatment or prevention of CM. Additionally, 
given the low incidence of CM and the low risk of infection to 
immunocompetent individuals, it is unlikely that antifungal therapies 
specifically directed against CM will become a national stockpiling 
priority in the foreseeable future.
2. Disproportionately Affects Poor and Marginalized Populations
    CM is not currently designated by WHO as a Neglected Tropical 
Disease (Ref. 17). Additionally, no DALY data were found to distinguish 
the disease burden of CM in developing versus developed countries. 
However, the incidence of CM is high in developing countries due to 
limited access to antiretroviral therapy to treat HIV infection (Ref. 
42). Annually, there are approximately 1 million cases of CM worldwide 
in patients with HIV/AIDS and 625,000 deaths (Ref. 46). Approximately 
75 percent of these infections are in sub-Saharan Africa (id.). The 
case fatality rate for CM patients living in sub-Saharan Africa is 35 
to 65 percent, compared to a 10- to 20-percent case fatality rate in 
most developed nations (Ref. 51).
    The HIV epidemic imposes a particular burden on women and children, 
specifically in sub-Saharan Africa where women account for 
approximately 57 percent of all people living with HIV (Ref. 52). In 
2012, there were an estimated 260,000 newly infected children in low- 
and middle-income countries (id.). Children with HIV are more likely to 
face gaps in access to HIV treatment. For example, in 2012, 
approximately 34 percent of children had access to HIV treatment versus 
approximately 64 percent for adults (id.). As CM is most prevalent in 
persons infected with HIV and HIV disproportionately impacts women and 
children, it is reasonable to conclude that CM also disproportionately 
affects these populations.
    Given the factors described above, FDA has determined that CM meets 
both statutory criteria of ``no significant market in developed 
nations'' and ``disproportionately affects poor and marginalized 
populations.'' Therefore, FDA is designating cryptococcal meningitis as 
a tropical disease under section 524 of the FD&C Act.

III. Process for Requesting Additional Diseases To Be Added to the List

    The purpose of this order is to add diseases to the list of 
tropical diseases that FDA has found to meet the criteria in section 
524(a)(3)(S) of the FD&C Act. By expanding the list with this order, 
FDA does not mean to preclude the addition of other diseases to this 
list in the future. Interested persons may submit requests for 
additional diseases to be added to the list to the public docket 
established by FDA for this purpose (see https://www.regulations.gov, 
Docket No. FDA-2008-N-0567). Such requests should be accompanied by 
information to document that the disease meets the criteria set forth 
in section 524(a)(3)(S) of the FD&C Act. FDA will periodically review 
these requests, and, when appropriate, expand the list. For further 
information, see https://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDER/ucm534162.htm.

IV. Paperwork Reduction Act

    This final order reiterates the ``open'' status of the previously 
established public docket through which interested persons may submit 
requests for additional diseases to be added to the list of tropical 
diseases that FDA has found to meet the criteria in section 
524(a)(3)(S) of the FD&C Act. Such a request for information is exempt 
from Office of Management and Budget review under 5 CFR 1320.3(h)(4) of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 
Specifically, ``[f]acts or opinions submitted in response to general 
solicitations of comments from the public, published in the Federal 
Register or other publications, regardless of the form or format 
thereof'' are exempt, ``provided that no person is required to supply 
specific information pertaining to the commenter, other than that 
necessary for self-identification, as a condition of the agency's full 
consideration of the comment.''

V. References

    The following references are on display at the Dockets Management 
Staff (see ADDRESSES) and are available for

[[Page 42909]]

viewing by interested persons between 9 a.m. and 4 p.m. Monday through 
Friday; they are also available electronically at https://www.regulations.gov. FDA has verified the website addresses, as of the 
date this document publishes in the Federal Register, but websites are 
subject to change over time.

1. Petersen, L.R. and A.M. Powers, ``Chikungunya: Epidemiology,'' 
F1000Research, 5(F1000 Faculty Rev):82, 2016.
2. Sergon, K., A.A. Yahaya, J. Brown, et al., ``Seroprevalence of 
Chikungunya Virus Infection on Grande Comore Island, Union of the 
Comoros, 2005,'' American Journal of Tropical Medicine and Hygiene, 
76:1189-1193, 2007.
3. Simon, F., E. Javelle, A. Cabie, et al., ``French Guidelines for 
the Management of Chikungunya (Acute and Persistent Presentations) 
November 2014,'' Medecine Et Maladies Infectieuses, 45:243-263, 
2015.
4. Borgherini, G., P. Poubeau, A. Jossaume, et al., ``Persistent 
Arthralgia Associated With Chikungunya Virus: A Study of 88 Adult 
Patients on Reunion Island,'' Clinical Infectious Diseases, 47:469-
475, 2008.
5. Abdelnabi, R., J. Neyts, and L. Delang, ``Towards Antivirals 
Against Chikungunya Virus,'' Antiviral Research, 121:59-68, 2015.
6. McSweegan, E., S.C. Weaver, M. Lecuit, et al., ``The Global Virus 
Network: Challenging Chikungunya,'' Antiviral Research, 120:147-152, 
2015.
7. LaBeaud, A.D., ``Why Arboviruses Can Be Neglected Tropical 
Diseases,'' PLOS Neglected Tropical Disease, 2:e247, 2008.
8. CDC, ``Chikungunya: 2015 Final Data for the United States;'' 
available at https://www.cdc.gov/chikungunya/geo/united-states-2015.html.
9. Pan American Health Organization, Regional Office for the 
Americans of the World Health Organization, ``Chikungunya;'' 
available at https://www.paho.org/hq/index.php?option=com_topics&view=article&id=343&Itemid=40931.
10. CDC, ``Chikungunya Virus Geographic Distribution;'' available at 
https://www.cdc.gov/chikungunya/geo/index.html.
11. Writer, J.V. and L. Hurt, ``Chikungunya Infection in DoD 
Healthcare Beneficiaries Following the 2013 Introduction of the 
Virus into the Western Hemisphere, 1 January 2014 to 28 February 
2015,'' Medical Surveillance Monthly Report, 22:2-6, 2015.
12. Labeaud, A.D., F. Bashir, and C.H. King, ``Measuring the Burden 
of Arboviral Diseases: The Spectrum of Morbidity and Mortality from 
Four Prevalent Infections,'' Population Health Metrics, 9:1, 2011.
13. Marimoutou, C., E. Vivier, M. Oliver, et al., ``Morbidity and 
Impaired Quality of Life 30 Months After Chikungunya Infection: 
Comparative Cohort of Infected and Uninfected French Military 
Policemen in Reunion Island,'' Medicine (Baltimore), 91:212-219, 
2012.
14. Krishnamoorthy, K., K.T. Harichandrakumar, A. Krishna Kumari, et 
al., ``Burden of Chikungunya in India: Estimates of Disability 
Adjusted Life Years (DALY) Lost in 2006 Epidemic,'' Journal of 
Vector Borne Diseases, 46:26-35, 2009.
15. Labeaud, A.D., F. Bashir, C.H. King, ``Measuring the Burden of 
Arboviral Diseases: The Spectrum of Morbidity and Mortality from 
Four Prevalent Infections,'' Population Health Metrics, 9:1, 2011.
16. Crosby, L., C. Perreau, B. Madeux, et al., ``Severe 
Manifestations of Chikungunya Virus in Critically Ill Patients 
During the 2013-2014 Caribbean Outbreak,'' International Journal of 
Infectious Diseases, 48:78-80, 2016.
17. WHO Neglected Tropical Diseases Program, ``Neglected Tropical 
Diseases;'' available at http://www.who.int/neglected_diseases/diseases/en/(accessed August 19, 2016).
18. Seregin, A., N. Yun, and S. Paessler, ``Lymphocytic 
Choriomenengitis, Lassa Fever, and South American Hemorrhagic Fevers 
(Arenaviruses),'' in: Mandell, G.L., J.E. Bennett, and R. Dolin, 
eds. Mandell, Douglas, and Bennett's Principles and Practice of 
Infectious Diseases, 8th ed. PA: Churchill Livingstone Elsevier; 
2031-2037, 2014.
19. CDC, ``Imported Lassa Fever--New Jersey, 2004,'' Morbidity and 
Mortality Weekly Report, 53:894-897, 2004, available at https://www.ncbi.nlm.nih.gov/pubmed/15457145.
20. Cummins, D., J.B. McCormick, D. Bennett, et al., ``Acute 
Sensorineural Deafness in Lassa Fever,'' Journal of the American 
Medical Association, 264:2093-2096, 1990.
21. CDC, ``Lassa Fever Confirmed in Death of U.S. Traveler Returning 
from Liberia,'' May 25, 2015; available at https://www.cdc.gov/media/releases/2015/p0525-lassa.html.
22. Rotz, L.D., A.S. Khan, S.R. Lillibridge, et al., ``Public Health 
Assessment of Potential Biological Terrorism Agents,'' Emerging 
Infectious Disease, 8:225-230, 2002.
23. Borio, L., T. Inglesby, C.J. Peters, et al., ``Hemorrhagic Fever 
Viruses as Biological Weapons: Medical and Public Health 
Management,'' Journal of the American Medical Association, 287:2391-
2397, 2002.
24. Ryan, C.P., ``Zoonoses Likely To Be Used in Bioterrorism,'' 
Public Health Reports, 123:276-281; available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2289981/.
25. Department of Health and Human Services, ``2017-2018 Public 
Health Emergency Medical Countermeasures Enterprise (PHEMCE) 
Strategy and Implementation Plan,'' 2017; available at https://www.phe.gov/Preparedness/mcm/phemce/Pages/strategy.aspx.
26. WHO, ``Essential Medicines and Health Products: WHO Publishes 
List of Top Emerging Diseases Likely To Cause Major Epidemics,'' 
December 10, 2015; available at http://www.who.int/medicines/ebola-treatment/WHO-list-of-top-emerging-diseases/en/.
27. WHO, ``2017 Annual Review of Diseases Prioritized Under the 
Research and Development Blueprint,'' February 11, 2018; available 
at http://www.who.int/blueprint/what/research-development/2017-Prioritization-Long-Report.pdf.
28. Bassin, S.L., C.D. Rupprecht, and T.P. Bleck, ``Rhabdoviruses,'' 
in: Mandell, G.L., J.E. Bennett, R. Dolin, eds., Principles and 
Practice of Infectious Diseases, 7th ed., Philadelphia, PA: 
Churchill Livingstone; 2249-2258, 2010.
29. Rupprecht, C.E., D. Briggs, C.M. Brown, et al., ``Use of a 
Reduced (4-Dose) Vaccine Schedule for Postexposure Prophylaxis to 
Prevent Human Rabies: Recommendations of the Advisory Committee on 
Immunization Practices,'' Centers for Disease Control and Prevention 
(CDC), Morbidity and Mortality Weekly Report, Recomm Rep. 59(RR-
2):1-9, March 19, 2010. Erratum in: Morbidity and Mortality Weekly 
Report, Recomm Rep. 59(16):493, April 30, 2010.
30. WHO, ``WHO Guide for Rabies Pre and Post Exposure Prophylaxis in 
Humans (updated 2014);'' available at http://www.who.int/rabies/PEP_Prophylaxis_guideline_15_12_2014.pdf (accessed September 7, 
2016).
31. WHO, ``WHO Expert Consultation on Rabies, 2nd Report, WHO 
Technical Report Series 982 Geneva,'' WHO Press, 2013.
32. WHO, ``Distribution of Risk Levels for Humans Contacting Rabies, 
Worldwide, 2013;'' available at http://www.who.int/rabies/Global_distribution_risk_humans_contracting_rabies_2013.png 
(accessed August 19, 2016).
33. Monroe, B.P., P. Yager, J. Blanton, et al., ``Rabies 
Surveillance in the United States During 2014,'' Journal of the 
American Veterinary Medical Association. 248(7):777-788, April 1, 
2016.
34. Christian, K.A., J.D. Blanton, M. Auslander, et al., 
``Epidemiology of Rabies Post-Exposure Prophylaxis--United States of 
America, 2006-2008,'' Vaccine, 27(51):7156-7161, November 27, 2009.
35. U.S. Census Bureau, Population Division, ``Annual Estimates of 
the Resident Population: April 1, 2010 to July 1, 2015,'' available 
at https://factfinder.census.gov/faces/nav/jsf/pages/index.xhtml.
36. WHO, ``Rabies Fact Sheet,'' March 2016; available at http://www.who.int/mediacentre/factsheets/fs099/en/ (accessed August 18, 
2016).
37. See https://ecdc.europa.eu/en/rabies/facts (accessed January 9, 
2017).
38. The European Centre for Disease Prevention and Control, ``Expert 
Consultation on Rabies Post-Exposure Prophylaxis,'' January 15, 
2009; available at https://ecdc.europa.eu/en/publications/
Publications/0906_MER_

[[Page 42910]]

Expert_Consultation_on_Rabies_Post-exposure_Prophylaxis.pdf 
(accessed January 9, 2017).
39. See https://armypubs.army.mil/ProductMaps/PubForm/AR_Details.aspx?ID=0902c85180010355 (accessed May 5, 2017).
40. CDC, ``Cost of Rabies Prevention,'' updated August 3, 2015; 
available at https://www.cdc.gov/rabies/location/usa/cost.html 
(accessed February 9, 2017).
41. Gullo, F.P., S.A. Rossi, J.C. Sardi, et al., ``Cryptococcosis: 
Epidemiology, Fungal Resistance, and New Alternatives for 
Treatment,'' European Journal of Clinical Microbiology and 
Infectious Diseases, 32:1377-1391, 2013.
42. CDC, ``C. neoformans Infection Statistics;'' available at 
https://www.cdc.gov/fungal/diseases/cryptococcosis-neoformans/statistics.html (accessed August 8, 2016).
43. Makadzange, A.T. and G. McHugh, ``New Approaches to the 
Diagnosis and Treatment of Cryptococcal Meningitis,'' Seminars in 
Neurology, 34(1):47-60, 2014.
44. Perfect, J.R., W.E. Dismukes, F. Dromer, et al., ``Clinical 
Practice Guidelines for the Management of Cryptococcal Disease: 2010 
Update by the Infectious Disease Society of America,'' Clinical 
Infectious Diseases, 50:291-322, 2010.
45. Rothe, C., D.J. Sloan, P. Goodson, et al., ``A Prospective 
Longitudinal Study of the Clinical Outcomes from Cryptococcal 
Meningitis Following Treatment Induction with 800 mg Oral 
Fluconazole in Blantyre, Malawi,'' PLOS One, 8(6):e67311, 2013.
46. Park, B.J., K.A. Wannemuehler, B.J. Marston, et al., 
``Estimation of the Current Global Burden of Cryptococcal Meningitis 
Among Persons Living with HIV/AIDS,'' AIDS, 23:525-530, 2009.
47. Mirza, S.A., M. Phelan, D. Rimland, et al., ``The Changing 
Epidemiology of Cryptococcosis: An Update from Population-Based 
Active Surveillance in 2 Large Metropolitan Areas, 1992-2000,'' 
Clinical Infectious Diseases, 36(6):789-794, 2003.
48. Pyrgos, V., A.E. Seitz, C.A. Steiner, et al., ``Epidemiology of 
Cryptococcal Meningitis in the US: 1997-2009,'' PLOS One, 
8(2):e56269, 2013.
49. CDC, ``Emergence of Cryptococcus gattii--Pacific Northwest, 
2004-2010,'' Morbidity and Mortality Weekly Report, 59(28):865-868, 
2010 available at https://www.cdc.gov/mmwr/preview/mmwrhtml/mm5928a1.htm?s_cid=mm5928a1_w.
50. Espinel-Ingroff, A. and S.E. Kidd, ``Current Trends in the 
Prevalence of Cryptococcus Gattii in the United States and Canada,'' 
Infection and Drug Resistance, 8:89-97, May 11, 2015.
51. WHO, ``Rapid Advice: Diagnosis, Prevention and Management of 
Cryptococcal Disease in HIV-Infected Adults, Adolescents and 
Children,'' December 2011; available at http://www.who.int/hiv/pub/cryptococcal_disease2011/ (accessed August 8, 2016).
52. Joint United Nations Programme on HIV/AIDS (UNAIDS), ``Global 
Report: UNAIDS Report on the Global AIDS Epidemic 2013;'' available 
at http://files.unaids.org/en/media/unaids/contentassets/documents/epidemiology/2013/gr2013/UNAIDS_Global_Report_2013_en.pdf (accessed 
August 8, 2016).

    Dated: August 21, 2018.
Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2018-18314 Filed 8-23-18; 8:45 am]
BILLING CODE 4164-01-P



                                               42904                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                                 OPQ staff participating in this                       submitting a proposal directly to Janet               applications meet certain criteria. The
                                               program will benefit by gaining a better                Wilson (see DATES and FOR FURTHER                     FD&C Act lists the diseases that are
                                               understanding of current industry                       INFORMATION CONTACT sections of this                  considered tropical diseases for
                                               practices, processes, and procedures.                   document for more information). To aid                purposes of obtaining PRVs and
                                               Participating sites will have an                        in OPQ’s site selection and planning,                 provides for Agency expansion of that
                                               opportunity to showcase their                           your proposal should include the                      list to include other diseases that satisfy
                                               technologies and their actual                           information below:                                    the definition of ‘‘tropical diseases’’ as
                                               manufacturing and testing facilities.                      • A contact person,                                set forth in the FD&C Act. The Agency
                                                 Although observation of all aspects of                   • Site visit location(s),                          has determined that chikungunya virus
                                               drug development and production                            • Facility Establishment Identifier                disease, Lassa fever, rabies, and
                                               would be beneficial to OPQ staff, OPQ                   and Data Universal Numbering System                   cryptococcal meningitis satisfy this
                                               has identified a number of areas of                     numbers, as applicable,                               definition and is therefore adding them
                                               particular interest to its staff. The                      • Maximum number of FDA staff that                 to the list of designated tropical diseases
                                               following list identifies some examples                 can be accommodated during a site visit               whose product applications may result
                                               of these areas but is not intended to be                (maximum of 20),                                      in the award of PRVs. Sponsors
                                               exhaustive, mutually exclusive, or to                      • A proposed agenda outlining the                  submitting certain drug or biological
                                               limit industry response:                                learning objectives and associated
                                                                                                                                                             product applications for the prevention
                                               • Drug products                                         activities for the site visit,
                                                                                                                                                             or treatment of chikungunya virus
                                               Æ Solutions, suspensions, emulsions,                       • Maximum number of site visits (no
                                                                                                                                                             disease, Lassa fever, rabies, and
                                                 and semisolids                                        more than 2) that your site would be
                                                                                                       willing to host by the close of the                   cryptococcal meningitis may be eligible
                                               Æ Modified- and immediate-release
                                                 formulations                                          government fiscal year, September 30,                 to receive a PRV if such applications are
                                               Æ Drug-device combination products                      2019, and                                             approved by FDA.
                                                 (e.g., inhalation products, transdermal                  • Proposed dates for each site visit               DATES:   This order is effective August 24,
                                                 systems, implants intended for drug                   (i.e. month and week).                                2018.
                                                 delivery, and prefilled syringes)                        Please note that the requested
                                               • Active pharmaceutical ingredients                     proposed agenda will be reviewed to                   ADDRESSES:  Submit electronic
                                                    manufactured by                                    determine the educational benefit to                  comments on additional diseases
                                               Æ Chemical synthesis                                    OPQ in conducting the visit, and                      suggested for designation to https://
                                               Æ Fermentation                                          selected sites may be asked to refine the             www.regulations.gov. Submit written
                                               Æ Biotechnology                                         agenda to maximize the educational                    comments on additional diseases
                                               • Design, development, manufacturing                    benefit. After a site is selected, OPQ will           suggested for designation to the Dockets
                                                    and controls                                       communicate with the contact person                   Management Staff (HFA–305), Food and
                                               Æ Engineering controls for aseptic                      for the site to determine the actual dates            Drug Administration, 5630 Fishers
                                                 processes                                             for the visit.                                        Lane, Rm. 1061, Rockville, MD 20852.
                                               Æ Novel delivery technologies                              Proposals submitted without this                   All comments should be identified with
                                               Æ Hot melt extrusion                                    minimum information will not be                       the docket number found in brackets in
                                               Æ Soft-gel encapsulation                                considered. Based on response rate and                the heading of this document.
                                               Æ Lyophilization                                        type of responses, OPQ may or may not
                                               Æ Blow-Fill-Seal and isolators                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                       consider alternative pathways to
                                               Æ Spray-drying                                          meeting our training goals.                           Katherine Schumann, Center for Drug
                                               Æ Process analytical technology,                                                                              Evaluation and Research, Food and
                                                 measurement systems, and real-time                      Dated: August 21, 2018.                             Drug Administration, 10903 New
                                                 release testing                                       Leslie Kux,                                           Hampshire Ave., Bldg. 22, Rm. 6242,
                                               • Emerging technologies                                 Associate Commissioner for Policy.                    Silver Spring, MD 20993–0002, 301–
                                               Æ Continuous manufacturing                              [FR Doc. 2018–18305 Filed 8–23–18; 8:45 am]           796–1300, Katherine.Schumann@
                                               Æ 3-dimensional printing                                BILLING CODE 4164–01–P                                fda.hhs.gov; or Office of
                                               Æ Nanotechnology                                                                                              Communication, Outreach and
                                               III. Site Selection                                                                                           Development (OCOD), Center for
                                                                                                       DEPARTMENT OF HEALTH AND                              Biologics Evaluation and Research,
                                                  Selection of potential facilities will be            HUMAN SERVICES                                        Food and Drug Administration, 10903
                                               based on the priorities developed for                                                                         New Hampshire Ave., Silver Spring, MD
                                               OPQ staff training, the facility’s current              Food and Drug Administration
                                                                                                                                                             20993–0002, 1–800–835–4709 or 240–
                                               compliance status with FDA, and in
                                                                                                       [Docket No. FDA–2008–N–0567]                          402–8010, ocod@fda.hhs.gov.
                                               consultation with the appropriate FDA
                                               district office. All travel expenses                    Designating Additions to the Current                  SUPPLEMENTARY INFORMATION:
                                               associated with this program will be the                List of Tropical Diseases in the Federal
                                               responsibility of OPQ; therefore,                                                                             Table of Contents
                                                                                                       Food, Drug, and Cosmetic Act
                                               selection will be based on the                                                                                I. Background: Priority Review Voucher
                                               availability of funds and resources for                 AGENCY:    Food and Drug Administration,                    Program
                                               the fiscal year. OPQ will not provide                   HHS.                                                  II. Diseases Being Designated
                                               financial compensation to the                           ACTION:   Final order.                                   A. Chikungunya Virus Disease
daltland on DSKBBV9HB2PROD with NOTICES




                                               pharmaceutical site as part of this                                                                              B. Lassa Fever
                                               program.                                                SUMMARY:  The Federal Food, Drug, and                    C. Rabies
                                                                                                       Cosmetic Act (FD&C Act) authorizes the                   D. Cryptococcal Meningitis
                                               IV. Proposals for Participation                         Food and Drug Administration (FDA or                  III. Process for Requesting Additional
                                                 Companies interested in offering a site               Agency) to award priority review                            Diseases To Be Added to the List
                                               visit or learning more about this site                  vouchers (PRVs) to tropical disease                   IV. Paperwork Reduction Act
                                               visit program should respond by                         product applicants when the                           V. References



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                                                                             Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                           42905

                                               I. Background: Priority Review                          designated as ‘‘tropical diseases’’ under             CHIKV cases among U.S. Department of
                                               Voucher Program                                         section 524 of the FD&C Act:                          Defense healthcare beneficiaries
                                                  Section 524 of the FD&C Act (21                      • Chikungunya virus disease                           between January 2014 and February
                                               U.S.C. 360n), which was added by                        • Lassa fever                                         2015 (Ref. 11).
                                                                                                       • Rabies                                                 Based on the epidemiology of
                                               section 1102 of the Food and Drug                                                                             reported CHIKV cases, the market for
                                               Administration Amendments Act of                        • Cryptococcal meningitis
                                                                                                                                                             vaccines in developed nations such as
                                               2007, uses a PRV incentive to encourage                   FDA’s rationale for adding these
                                                                                                                                                             the United States would largely
                                               the development of new drugs for                        diseases to the list is discussed in the              comprise travelers at risk of CHIKV
                                               prevention and treatment of certain                     analyses that follow.                                 infection and military populations.
                                               diseases that, in the aggregate, affect                 A. Chikungunya Virus Disease                          These markets are unlikely to provide
                                               millions of people throughout the                                                                             sufficient incentive to encourage
                                               world. Further information about the                       Chikungunya virus (CHIKV) is an
                                                                                                                                                             development of products to treat or
                                               tropical disease PRV program can be                     arbovirus transmitted by Aedes
                                                                                                                                                             prevent CHIKV infection. Although a
                                               found in guidance for industry                          mosquitoes in tropical climates in
                                                                                                                                                             limited number of locally transmitted
                                               ‘‘Tropical Disease Priority Review                      Africa, Asia, islands in the Indian and
                                                                                                                                                             cases have recently been reported in
                                               Vouchers’’ (81 FR 69537, October 6,                     Pacific Oceans, Europe, and, since 2013,
                                                                                                                                                             U.S. territories, the disease is not
                                               2016, available at https://                             the Americas (Ref. 1). Although CHIKV
                                                                                                                                                             currently considered endemic in those
                                               www.federalregister.gov/documents/                      mortality is relatively low (0.01 to 0.1              areas. Whether those populations could
                                               2015/08/20/2015-20554/designating-                      percent), attack rates are very high (33              broaden the market for products to treat
                                               additions-to-the-current-list-of-tropical-              to 66 percent) and most infections are                or prevent CHIKV infection in the future
                                               diseases-in-the-federal-food-drug-and-                  symptomatic (Refs. 2 and 3). Many                     is unknown. CHIKV drug development
                                               cosmetic). Additions to the statutory list              infected individuals experience painful               is not significantly funded by U.S.
                                               of tropical diseases published in the                   arthralgia, which can persist for months              Government sources, and CHIKV is not
                                               Federal Register can be accessed at                     and even years (Ref. 4). Life-threatening             among the Centers for Disease Control
                                               https://www.fda.gov/AboutFDA/                           manifestations of CHIKV, including                    and Prevention’s (CDC) list of potential
                                               CentersOffices/OfficeofMedicalProducts                  organ failure, meningoencephalitis,                   bioterrorism agents.
                                               andTobacco/CDER/ucm534162.htm.                          hemorrhagic symptoms, and myocardial
                                                                                                       disease, and death occur in neonates,                 2. Disproportionately Affects Poor and
                                                  On August 20, 2015, FDA published                    the elderly, and individuals with                     Marginalized Populations
                                               a final order (80 FR 50559) (final order)               chronic comorbidities (Ref. 3).
                                               designating Chagas disease and                                                                                   Poor populations in tropical
                                                                                                          There is no approved antiviral                     environments experience the primary
                                               neurocysticercosis as tropical diseases.                treatment for CHIKV in the United
                                               That final order also sets forth FDA’s                                                                        burden of CHIKV disease because they
                                                                                                       States or anywhere else in the world                  are disproportionally exposed to its
                                               interpretation of the statutory criteria for            (Refs. 5 and 6). Therapeutic
                                               tropical disease designation and                                                                              mosquito vectors (Ref. 7). Arboviral
                                                                                                       management largely aims to relieve pain               diseases disproportionally affect low-
                                               expands the list of tropical diseases                   and inflammation and limit the loss of                income urban and rural populations
                                               under section 524(a)(3)(S) of the FD&C                  mobility and physical fitness through                 through increased mosquito exposure
                                               Act, which authorizes FDA to designate                  the use of analgesic and non-steroidal                due to poor housing, lack of sanitation
                                               by order ‘‘[a]ny other infectious disease               anti-inflammatory drugs. There is no                  infrastructure, and outdoor occupations
                                               for which there is no significant market                approved CHIKV vaccine (Ref. 6).                      such as animal husbandry (Refs. 7 and
                                               in developed nations and that
                                                                                                       1. No Significant Market in Developed                 12). Large-scale and systematic
                                               disproportionately affects poor and
                                                                                                       Nations                                               insecticide mosquito control programs,
                                               marginalized populations’’ as a tropical
                                                                                                                                                             once considered a public health priority
                                               disease.                                                  CHIKV disease occurs rarely in                      throughout the world due to yellow
                                                  In this document, FDA has applied its                developed nations (Ref. 1). Outbreaks of              fever virus, were largely dismantled due
                                               August 2015 criteria as set forth in the                CHIKV primarily occur in poor tropical                to diminishing resources and are
                                               final order to analyze whether                          regions where uncontrolled breeding of                therefore not available in most
                                               Chikungunya virus disease, Lassa fever,                 Aedes aegypti and Aedes albopictus                    developing nations (Ref. 13).
                                               rabies, and cryptococcal meningitis                     mosquitoes occurs in close proximity to                  Although CHIKV infection is rarely
                                               meet the statutory criteria for addition                humans due to inadequate sanitation                   fatal, CHIKV sequelae have a major
                                               to the tropical disease list.                           and poor living conditions (Ref. 7). For              impact on productivity and economics
                                               II. Diseases Being Designated                           example, in 2015, more than 700,000                   in developing nations (Ref. 7). CHIKV
                                                                                                       suspected or confirmed cases of CHIKV                 outbreaks are often explosively large,
                                                 FDA has considered all diseases                       were reported in the Americas;                        with high attack rates and high rates of
                                               submitted to the public docket (FDA–                    however, only 1,185 of those cases                    symptomatic disease (Refs. 1 and 3). An
                                               2008–N–0567) between August 20,                         occurred in the United States (excluding              outbreak in India in 2006 involved more
                                               2015, and June 20, 2018, as potential                   territories) and Canada, all of which                 than 1.3 million suspected cases and
                                               additions to the list of tropical diseases              were imported (Refs. 8 and 9). The U.S.               was associated with more than 25,000
                                               under section 524 of the FD&C Act,                      territories of Puerto Rico and the U.S.               Disability Adjusted Life Years (DALYs)
                                               pursuant to the docket review process                   Virgin Islands reported 202 cases, all of             lost (Ref. 14). A meta-analysis of 38
                                               explained on the Agency’s website (see                  which were transmitted locally (Ref. 8).              published studies confined to cases
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                                               https://www.fda.gov/AboutFDA/Centers                    There were no locally transmitted cases               occurring in 2005 estimated that CHIKV
                                               Offices/OfficeofMedicalProducts                         of CHIKV reported in Europe, Japan,                   led to up to 1 million years of healthy
                                               andTobacco/CDER/ucm534162.htm).                         Australia, or New Zealand in 2015 (Ref.               life lost and 1.5 million DALYs lost (Ref.
                                               Based on an assessment using the                        10). Even among U.S. military and                     15).
                                               criteria from its August 20, 2015, final                military dependents, who are sometimes                   Neonates are particularly vulnerable
                                               order, FDA has determined that the                      deployed to outbreak areas, CHIKV                     to serious complications of CHIKV
                                               following additional diseases will be                   infection is rare; there were only 121                infection. Among neonates born 1 day


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                                               42906                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                               before or within 5 days following the                   hospitalized patients is about 15 to 20               Guinea, Liberia, Mali, Sierra Leone, and
                                               onset of their infected mothers’                        percent (Ref. 19). The most common                    Nigeria) are classified by the World
                                               symptoms, 50 percent are born with                      complication of Lassa virus infection is              Bank as either low income (gross
                                               CHIKV infection (Ref. 3). Neonates are                  sensorineural hearing loss. About one-                national income per capita of $1,045 or
                                               also highly vulnerable to direct                        third of hospitalized patients develop                less) or lower-middle income (gross
                                               inoculation of CHIKV through mosquito                   hearing loss; in most of these patients,              national income per capita of $1,046-
                                               bites. Infected neonates present with                   hearing loss is permanent.                            $4,125). Further, the incidence of LF in
                                               fever, breastfeeding difficulties,                      Sensorineural hearing loss may also                   endemic countries is much higher
                                               thrombocytopenia, lymphopenia, and                      occur in patients with mild or                        among the poorest rural populations
                                               moderate hepatic cytolysis. One in four                 asymptomatic disease (Ref. 20).                       (Ref. 26). The characteristics of the
                                               develops one or more serious                              Currently, there are no FDA-approved                disease (high morbidity and mortality)
                                               complications, such as encephalopathy                   drugs for prophylaxis or treatment of                 indicate a potentially significant DALY
                                               with progressive cerebral edema, sepsis,                LF. In the absence of vaccine that                    impact, although a comprehensive
                                               coagulopathy with hemorrhage, and                       protects against LF, disease prevention               literature search failed to identify any
                                               cardiomyopathy (Ref. 3).                                relies on good community hygiene to                   DALY data.
                                                 The elderly and individuals with                      avert rodents from entering homes.                       LF causes serious disease and death
                                               chronic comorbid conditions are also                                                                          in both sexes and in all age groups,
                                                                                                       1. No Significant Market in Developed
                                               susceptible to life-threatening CHIKV                                                                         including children. The mortality rate is
                                                                                                       Nations
                                               disease (Refs. 3 and 16). A case series of                                                                    much higher for women in their third
                                               65 patients admitted to intensive care                     LF does not occur in developed                     trimester of pregnancy. Spontaneous
                                               units with confirmed CHIKV in                           countries, except for a few imported                  abortion is also a serious complication
                                               Martinique and Guadeloupe found that                    cases. Characteristically, since 1969,                of Lassa virus infection, with a 95
                                               most patients were older than 50, and                   only six cases of LF have been                        percent mortality in fetuses of pregnant
                                               83 percent of patients had preexisting                  documented in travelers returning to the              women (Refs. 21 and 26).
                                               comorbidities such as hypertension,                     United States (not including                             LF has not been designated by WHO
                                               diabetes, heart failure, and chronic                    convalescent patients) (Ref. 21). Thus,               as a neglected tropical disease.
                                               kidney disease (Ref. 16). Upon                          LF appears to meet the criteria of not                However, a panel of scientists and
                                               admission, 57 percent required                          having a significant direct market in                 public health experts convened by WHO
                                               mechanical ventilation, 46 percent had                  developed countries.                                  met in Geneva on December 8 and 9,
                                               shock requiring vasoactive drugs, 31                       FDA is also unaware of evidence of a               2015, to prioritize the top 5 to 10
                                               percent required renal replacement                      significant indirect market for LF                    emerging pathogens likely to cause
                                               therapy, and 27 percent died (Ref. 16).                 products. Lassa virus, like other                     severe outbreaks in the near future and
                                                 The World Health Organization                         hemorrhagic viruses, has been                         for which few or no medical
                                               (WHO) has designated Chikungunya as                     categorized as a Category A pathogen by               countermeasures exist. LF was one out
                                               a Neglected Tropical Disease (Ref. 17).                 CDC (Refs. 22 to 24). Category A                      of the nine diseases included in the
                                                 Given the factors described above,                    pathogens are considered a threat to                  initial list that need research and
                                               FDA has determined that CHIKV disease                   public health and are viewed as                       development preparedness to help
                                               meets both statutory criteria of ‘‘no                   potential biological weapons threat                   control future outbreaks (Refs. 26 and
                                               significant market in developed                         agents. Therefore, if a drug against a                27).
                                               nations’’ and ‘‘disproportionately affects              Category A pathogen is developed, it                     Given the factors described above,
                                               poor and marginalized populations.’’                    could have an indirect market if                      FDA has determined that LF meets both
                                               Therefore, FDA is designating CHIKV                     stockpiled as a medical countermeasure                statutory criteria of ‘‘no significant
                                               disease as a tropical disease under                     for the U.S. Government. At present,                  market in developed nations’’ and
                                               section 524 of the FD&C Act.                            however, FDA is unaware of any                        ‘‘disproportionately affects poor and
                                                                                                       significant funding by the military, the              marginalized populations.’’ Therefore,
                                               B. Lassa Fever                                          Biomedical Advanced Research and                      FDA is designating Lassa fever as a
                                                  Lassa fever (LF) is an acute viral                   Development Authority, or any other                   tropical disease under section 524 of the
                                               infection caused by Lassa virus, a                      U.S. Government sources for drug                      FD&C Act.
                                               single-stranded ribonucleic acid virus                  development targeting treatment or
                                               belonging to the arenavirus family. LF is               prophylaxis against LF. Further, Lassa                C. Rabies
                                               endemic in parts of West Africa (Benin,                 virus is not listed as a high-priority                   Human rabies infection is caused by
                                               Ghana, Guinea, Liberia, Mali, Sierra                    threat in the 2017 Public Health                      the rabies virus, which typically enters
                                               Leone, and Nigeria), but probably exists                Emergency Medical Countermeasures                     the body through animal bite wounds or
                                               in other West African countries where                   Enterprise (PHEMCE) Strategy and                      by direct contact of the virus with the
                                               the animal vector for Lassa virus is                    Implementation Plan (Ref. 25).                        body’s mucosal or respiratory surfaces.
                                               distributed. Most Lassa virus infections                                                                      Virtually all patients with human rabies
                                               (∼80 percent) are mild or asymptomatic.                 2. Disproportionately Affects Poor and                infection ultimately progress to coma
                                               In the remaining 20 percent of Lassa                    Marginalized Populations                              followed by death, although rare
                                               virus infections, the disease may                          LF is exclusively endemic in some                  recoveries have been reported (Ref. 28).
                                               progress to more severe symptoms that                   West African countries. LF cases                         As rabies is almost always fatal, post-
                                               include respiratory distress, bleeding,                 identified in areas where LF is not                   exposure prophylaxis is recommended
                                               shock, multiorgan system failure, and                   endemic have occurred rarely and are                  after suspected or proven exposure to
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                                               death. Involvement of the central                       usually imported by persons returning                 rabies virus. Post-exposure rabies
                                               nervous system may also occur with                      from West Africa. Every year, Lassa                   prophylaxis (PEP) should include
                                               tremors, encephalitis, or hearing loss                  virus is estimated to cause 100,000 to                wound cleansing, infiltration of rabies
                                               (Ref. 18).                                              300,000 infections in West Africa, with               immunoglobulin into and around the
                                                  The overall mortality rate of all Lassa              approximately 5,000 deaths (Refs. 19                  wound, and vaccination with cell
                                               virus infections is approximately 1                     and 21). All countries where LF is                    culture rabies vaccines (Ref. 29). Pre-
                                               percent. However, the mortality rate in                 known to be endemic (Benin, Ghana,                    exposure prophylaxis, consisting of


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                                                                             Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                            42907

                                               administration of a rabies vaccine                      the annual U.S. national average PEP                  result from the lack of recommended
                                               course, is recommended for anyone who                   use was estimated at 23,415 courses                   PEP administration following suspected
                                               is at continual, frequent, or increased                 (range: 10,645–35,845), with an average               rabies exposure (Ref. 39). The annual
                                               risk for exposure to the rabies virus (Ref.             annual rate of PEP administration for 16              number of human rabies deaths
                                               30). Rabies vaccines licensed for human                 states and NYC of 8.46/100,000 persons                worldwide estimated in 2010 ranged
                                               use in the United States include human                  (range: 1.14–18.89/100,000 persons)                   from 26,400 (95 percent confidence
                                               diploid cell vaccine (IMOVAX) and                       (Ref. 34). The available data regarding               interval 15,200–45,200) to 61,000 (95
                                               purified chick embryo cell vaccine                      pre-exposure and post-exposure rabies                 percent CI 37,000–86,000) using
                                               (RabAvert). WHO has recommended                         prophylaxis in the United States                      different statistical approaches (Ref. 31).
                                               discontinuation of nerve tissue                         suggests that the population for whom                 Using these data, DALYs for human
                                               vaccines, which are associated with                     rabies vaccines and human rabies                      rabies are estimated at 1.9 million (95
                                               more severe adverse reactions and are                   immunoglobulin products are used is                   percent CI, 1.3–2.6 million) (id.). In
                                               less immunogenic than cell-culture and                  below 0.1 percent of the population,                  developing countries, licensed purified
                                               embryonated egg-based rabies vaccines,                  supporting the conclusion that there is               cell culture and embryonated egg-based
                                               since 1984; however, these vaccines                     no significant market for preventing                  rabies vaccines and immunoglobulin for
                                               remain in use in some developing                        human rabies infection in developed                   rabies PEP are neither readily available
                                               nations (Ref. 31). Two rabies                           nations.                                              (due to shortages) nor accessible
                                               immunoglobulin products are licensed                       Between 2006 and 2011, there were                  (distance to medical centers,
                                               in the United States: IMOGAM and                        12 human rabies cases reported in                     affordability) (Refs. 39 and 40). The
                                               HyperRab. There are no approved                         Europe, of which 6 were imported (Refs.               average cost of rabies PEP is reported to
                                               treatments for symptomatic human                        37 and 38). In the United States and                  be US $40 in Africa and US $49 in Asia,
                                               rabies infection.                                       Puerto Rico, 37 persons have been                     which greatly exceeds the average daily
                                                                                                       diagnosed with human rabies since                     income estimated at US $1–$2 per
                                               1. No Significant Market in Developed                   2003, including 11 cases (30 percent)                 person (Ref. 40).
                                               Nations                                                 with exposure occurring outside of the                   Given the factors described above,
                                                  In developed nations, wild animals                   United States and its territories and 5               FDA has determined that rabies meets
                                               (e.g., raccoons, bats, skunks, foxes),                  cases (14 percent) acquired from organ                both the statutory criteria of ‘‘no
                                               rather than domesticated animals,                       or tissue transplantation (Ref. 33).                  significant market in developed
                                               account for the vast majority of reported               Although a specific prevalence is not                 nations’’ and ‘‘disproportionately affects
                                               rabies cases. Successful rabies                         reported, the rarity of human rabies                  poor and marginalized populations.’’
                                               vaccination programs have eliminated                    infection in the United States is well                Therefore, FDA is designating rabies as
                                               canine rabies in developed nations                      below 0.1 percent of the population. A                a tropical disease under section 524 of
                                               (including the United States), except for               direct market for products to treat                   the FD&C Act.
                                               cases contracted while living in or                     symptomatic rabies would therefore be
                                               travelling to rabies-endemic areas (Ref.                                                                      D. Cryptococcal Meningitis
                                                                                                       small.
                                               31). WHO categorizes Europe and North                      The Joint Regulation on                               Cryptococcus species are
                                               America as low-risk areas for humans                    Immunizations and Chemoprophylaxis                    encapsulated fungi found in the
                                               contracting rabies (Ref. 32). Specific                  for the Prevention of Infectious Diseases             environment throughout the world. The
                                               rabies prevalence information in the                    Army Regulation 40–562 provides                       two most prominent species that cause
                                               U.S. animal population was not                          general guidance on rabies prevention                 human disease are C. neoformans and C.
                                               identified in review of CDC rabies                      recommendations for military personnel                gattii (Ref. 41). The majority of
                                               surveillance data; however, in 2014, a                  (Army, Navy, Air Force, Marine Corps,                 cryptococcal meningitis (CM) is caused
                                               total of 6,033 animals were reported to                 Coast Guard) (Ref. 39). Nevertheless,                 by C. neoformans infection in
                                               be rabid in the United States, over 90                  FDA is unaware of evidence suggesting                 immunocompromised individuals. The
                                               percent occurring in wild animals (Ref.                 any sizable government or other indirect              incidence of CM increased substantially
                                               33).                                                    market for rabies virus products.                     with the human immunodeficiency
                                                  Using pre-exposure or post-exposure                                                                        virus (HIV)/acquired immune deficiency
                                               prophylaxis can prevent human rabies                    2. Disproportionately Affects Poor and                syndrome (AIDS) epidemic in the late
                                               infection. Christian, et al. reported an                Marginalized Populations                              20th century and remains high in
                                               estimated 6,000 to 7,000 vaccine doses                     Although rabies is present in all                  developing countries that lack access to
                                               used annually in the United States for                  continents except Antarctica, more than               effective antiretroviral therapy (Ref. 42).
                                               pre-exposure vaccination of critical                    95 percent of human deaths occur in                      Cryptococcal infection typically
                                               personnel engaged in occupational                       Asia and Africa. WHO has designated                   occurs by inhalation of the fungi into
                                               activities with a risk for rabies exposure,             rabies virus as a Neglected Tropical                  the lungs. In immunocompromised
                                               and a separate survey estimated 6,600                   Disease (Ref. 17). It considers rabies a              individuals, the resulting pulmonary
                                               vaccine doses required each year to                     neglected disease of poor and                         infection frequently spreads to the
                                               vaccinate approximately 2,200                           vulnerable populations and reports the                central nervous system, causing
                                               veterinary students (Ref. 34).                          majority of deaths (84 percent) occur in              meningitis (Ref. 43). The primary
                                                  The United States does not have a                    rural areas (Ref. 31). In contrast to rabies          recommended treatment of CM in
                                               national reporting system for use of                    epidemiology in developed nations,                    developed countries includes a 2-week
                                               rabies PEP; therefore, the accurate usage               domestic dogs account for 99 percent of               induction phase with amphotericin B
                                               information is unknown. The CDC states                  human rabies cases globally. Children in              and oral flucytosine, followed by long-
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                                               an estimated 40,000 to 50,000 PEP                       particular are at risk for human rabies               term maintenance therapy with oral
                                               treatments are administered annually in                 infection: 40 percent of people bitten by             fluconazole (Ref. 44). In resource-
                                               the United States, yielding an incidence                suspected rabid animals are less than 15              limited nations, oral fluconazole is often
                                               of 0.01 to 0.02 percent using 2015 U.S.                 years of age (Ref. 40).                               the only therapeutic option available.
                                               Census Bureau population estimate data                     Human rabies infection is a                        Poor access to care and limited
                                               (Refs. 35 and 36). Christian, et al.                    preventable disease, and the                          availability of standard antifungal
                                               reported that between 2006 and 2008,                    overwhelming majority of rabies deaths                therapy for patients with CM result in


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                                               42908                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                               significantly higher mortality and                      among immunocompetent individuals,                    that CM also disproportionately affects
                                               treatment failure rates in developing                   raised concerns about a new serious                   these populations.
                                               countries (Ref. 45). Park, et al. (2009)                infectious disease risk for people                       Given the factors described above,
                                               estimated that, excluding HIV/AIDS,                     residing in or traveling to the Pacific               FDA has determined that CM meets
                                               CM is the fourth leading cause of death                 Northwest states. However, there have                 both statutory criteria of ‘‘no significant
                                               in sub-Saharan Africa, causing more                     been only 60 cases reported to CDC                    market in developed nations’’ and
                                               deaths than tuberculosis (Ref. 46).                     between 2004 and 2010 (Ref. 49). U.S.                 ‘‘disproportionately affects poor and
                                                                                                       cases continue to be reported at a                    marginalized populations.’’ Therefore,
                                               1. No Significant Market in Developed                                                                         FDA is designating cryptococcal
                                               Nations                                                 relatively low rate, 20–23 cases per year
                                                                                                       each in 2012 and 2013 (Ref. 50). The                  meningitis as a tropical disease under
                                                  Immunocompromised patients are                       emergence of C. gattii in the United                  section 524 of the FD&C Act.
                                               typically the most vulnerable                           States has not resulted in a large number
                                               population to develop serious                                                                                 III. Process for Requesting Additional
                                                                                                       of cases that could potentially warrant               Diseases To Be Added to the List
                                               manifestations from infection with                      a significant market for treatment or
                                               Cryptococcus, and the prevalence of CM                  prevention.                                              The purpose of this order is to add
                                               is closely linked to the prevalence of                                                                        diseases to the list of tropical diseases
                                                                                                          Therefore, in the United States and
                                               untreated and poorly managed HIV/                                                                             that FDA has found to meet the criteria
                                                                                                       other developed countries, there does
                                               AIDS. There has been a reduction in the                                                                       in section 524(a)(3)(S) of the FD&C Act.
                                                                                                       not appear to be a significant market for
                                               incidence of CM in the United States                                                                          By expanding the list with this order,
                                                                                                       developing new drugs or vaccines for
                                               and other developed nations due to the                                                                        FDA does not mean to preclude the
                                                                                                       the treatment or prevention of CM.
                                               availability of antiretroviral therapy and                                                                    addition of other diseases to this list in
                                                                                                       Additionally, given the low incidence of
                                               lower rates of individuals with                                                                               the future. Interested persons may
                                                                                                       CM and the low risk of infection to
                                               advanced HIV/AIDS (Ref. 42). Per the                                                                          submit requests for additional diseases
                                                                                                       immunocompetent individuals, it is
                                               CDC, national estimates of the incidence                                                                      to be added to the list to the public
                                                                                                       unlikely that antifungal therapies
                                               of cryptococcosis are difficult to                                                                            docket established by FDA for this
                                                                                                       specifically directed against CM will
                                               establish because it is only reportable in                                                                    purpose (see https://
                                                                                                       become a national stockpiling priority
                                               a few states (id.). In 2000, a population-                                                                    www.regulations.gov, Docket No. FDA–
                                                                                                       in the foreseeable future.
                                               based surveillance study in two U.S.                                                                          2008–N–0567). Such requests should be
                                               metropolitan areas estimated that the                   2. Disproportionately Affects Poor and                accompanied by information to
                                               annual incidence of cryptococcosis                      Marginalized Populations                              document that the disease meets the
                                               among persons with AIDS was between                                                                           criteria set forth in section 524(a)(3)(S)
                                               2 and 7 cases per 1,000, and the overall                   CM is not currently designated by
                                                                                                                                                             of the FD&C Act. FDA will periodically
                                               incidence was 0.4 to 1.3 cases per                      WHO as a Neglected Tropical Disease
                                                                                                                                                             review these requests, and, when
                                               100,000 (Ref. 47). As of 2009, Pyrgos, et               (Ref. 17). Additionally, no DALY data
                                                                                                                                                             appropriate, expand the list. For further
                                               al. estimated that approximately 3,400                  were found to distinguish the disease
                                                                                                                                                             information, see https://www.fda.gov/
                                               annual hospitalizations were associated                 burden of CM in developing versus
                                                                                                                                                             AboutFDA/CentersOffices/Officeof
                                               with CM in the United States (Ref. 48).                 developed countries. However, the
                                                                                                                                                             MedicalProductsandTobacco/CDER/
                                               Given that the overwhelming majority of                 incidence of CM is high in developing
                                                                                                                                                             ucm534162.htm.
                                               patients diagnosed with CM in the                       countries due to limited access to
                                               United States will initiate therapy in the              antiretroviral therapy to treat HIV                   IV. Paperwork Reduction Act
                                               hospital, FDA considers 3,400 annually                  infection (Ref. 42). Annually, there are                 This final order reiterates the ‘‘open’’
                                               a rough estimate of the number of cases                 approximately 1 million cases of CM                   status of the previously established
                                               of CM in the United States. Based on the                worldwide in patients with HIV/AIDS                   public docket through which interested
                                               CDC treatment guidelines for CM, FDA                    and 625,000 deaths (Ref. 46).                         persons may submit requests for
                                               estimates that most CM patients will                    Approximately 75 percent of these                     additional diseases to be added to the
                                               receive at least 1 year of therapy.                     infections are in sub-Saharan Africa                  list of tropical diseases that FDA has
                                               Therefore, even if the proportion of CM                 (id.). The case fatality rate for CM                  found to meet the criteria in section
                                               patients on therapy at any given time is                patients living in sub-Saharan Africa is              524(a)(3)(S) of the FD&C Act. Such a
                                               50 times the annual incidence of CM,                    35 to 65 percent, compared to a 10- to                request for information is exempt from
                                               the prevalence of CM in the United                      20-percent case fatality rate in most                 Office of Management and Budget
                                               States remains below 0.1 percent of the                 developed nations (Ref. 51).                          review under 5 CFR 1320.3(h)(4) of the
                                               population.                                                The HIV epidemic imposes a                         Paperwork Reduction Act of 1995 (44
                                                  Clinical practice guidelines for the                 particular burden on women and                        U.S.C. 3501–3520). Specifically, ‘‘[f]acts
                                               management of cryptococcal disease do                   children, specifically in sub-Saharan                 or opinions submitted in response to
                                               not routinely recommend primary                         Africa where women account for                        general solicitations of comments from
                                               antifungal prophylaxis for                              approximately 57 percent of all people                the public, published in the Federal
                                               cryptococcosis in HIV-infected patients                 living with HIV (Ref. 52). In 2012, there             Register or other publications,
                                               in the United States and Europe. This                   were an estimated 260,000 newly                       regardless of the form or format thereof’’
                                               recommendation is based on the relative                 infected children in low- and middle-                 are exempt, ‘‘provided that no person is
                                               infrequency of cryptococcal disease,                    income countries (id.). Children with                 required to supply specific information
                                               lack of survival benefits, potential for                HIV are more likely to face gaps in                   pertaining to the commenter, other than
                                               drug-drug interactions, creation of direct              access to HIV treatment. For example, in              that necessary for self-identification, as
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                                               antifungal drug resistance, medication                  2012, approximately 34 percent of                     a condition of the agency’s full
                                               compliance, and costs. Routine primary                  children had access to HIV treatment                  consideration of the comment.’’
                                               prophylaxis for cryptococcosis is also                  versus approximately 64 percent for
                                               not currently recommended in                            adults (id.). As CM is most prevalent in              V. References
                                               transplant recipients (Ref. 44).                        persons infected with HIV and HIV                       The following references are on
                                                  The emergence of C. gattii in the                    disproportionately impacts women and                  display at the Dockets Management Staff
                                               Pacific Northwest in 2004, primarily                    children, it is reasonable to conclude                (see ADDRESSES) and are available for


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                                                                             Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices                                               42909

                                               viewing by interested persons between                        Infected and Uninfected French Military               Products: WHO Publishes List of Top
                                               9 a.m. and 4 p.m. Monday through                             Policemen in Reunion Island,’’ Medicine               Emerging Diseases Likely To Cause
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                                               electronically at https://                                   Harichandrakumar, A. Krishna Kumari,                  medicines/ebola-treatment/WHO-list-of-
                                               www.regulations.gov. FDA has verified                        et al., ‘‘Burden of Chikungunya in India:             top-emerging-diseases/en/.
                                               the website addresses, as of the date this                   Estimates of Disability Adjusted Life            27. WHO, ‘‘2017 Annual Review of Diseases
                                               document publishes in the Federal                            Years (DALY) Lost in 2006 Epidemic,’’                 Prioritized Under the Research and
                                               Register, but websites are subject to                        Journal of Vector Borne Diseases, 46:26–              Development Blueprint,’’ February 11,
                                               change over time.                                            35, 2009.                                             2018; available at http://www.who.int/
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                                               8. CDC, ‘‘Chikungunya: 2015 Final Data for                   Deafness in Lassa Fever,’’ Journal of the             rabies/Global_distribution_risk_humans_
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                                               9. Pan American Health Organization,                         U.S. Traveler Returning from Liberia,’’               ‘‘Rabies Surveillance in the United States
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                                                    www.paho.org/hq/index.php?                         22. Rotz, L.D., A.S. Khan, S.R. Lillibridge, et       34. Christian, K.A., J.D. Blanton, M.
                                                    option=com_topics&view=                                 al., ‘‘Public Health Assessment of                    Auslander, et al., ‘‘Epidemiology of
                                                    article&id=343&Itemid=40931.                            Potential Biological Terrorism Agents,’’              Rabies Post-Exposure Prophylaxis—
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                                                    Distribution;’’ available at https://                   2002.                                                 Vaccine, 27(51):7156–7161, November
                                                    www.cdc.gov/chikungunya/geo/                       23. Borio, L., T. Inglesby, C.J. Peters, et al.,           27, 2009.
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                                               11. Writer, J.V. and L. Hurt, ‘‘Chikungunya                  Biological Weapons: Medical and Public                ‘‘Annual Estimates of the Resident
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                                                    Western Hemisphere, 1 January 2014 to              24. Ryan, C.P., ‘‘Zoonoses Likely To Be Used               pages/index.xhtml.
                                                    28 February 2015,’’ Medical Surveillance                in Bioterrorism,’’ Public Health Reports,        36. WHO, ‘‘Rabies Fact Sheet,’’ March 2016;
                                                    Monthly Report, 22:2–6, 2015.                           123:276–281; available at https://                    available at http://www.who.int/
                                               12. Labeaud, A.D., F. Bashir, and C.H. King,                 www.ncbi.nlm.nih.gov/pmc/articles/                    mediacentre/factsheets/fs099/en/
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                                                    Diseases: The Spectrum of Morbidity and            25. Department of Health and Human                    37. See https://ecdc.europa.eu/en/rabies/
                                                    Mortality from Four Prevalent                           Services, ‘‘2017–2018 Public Health                   facts (accessed January 9, 2017).
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                                                    9:1, 2011.                                              Enterprise (PHEMCE) Strategy and                      Prevention and Control, ‘‘Expert
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                                                    Infection: Comparative Cohort of                   26. WHO, ‘‘Essential Medicines and Health                  publications/Publications/0906_MER_



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                                               42910                         Federal Register / Vol. 83, No. 165 / Friday, August 24, 2018 / Notices

                                                    Expert_Consultation_on_Rabies_Post-                52. Joint United Nations Programme on HIV/              Abstract: The purpose of the public
                                                    exposure_Prophylaxis.pdf (accessed                      AIDS (UNAIDS), ‘‘Global Report:                  health system assessment surveys is to
                                                    January 9, 2017).                                       UNAIDS Report on the Global AIDS                 inform the Secretary’s Discretionary
                                               39. See https://armypubs.army.mil/                           Epidemic 2013;’’ available at http://            Advisory Committee on Heritable
                                                    ProductMaps/PubForm/AR_                                 files.unaids.org/en/media/unaids/
                                                    Details.aspx?ID=0902c85180010355                        contentassets/documents/epidemiology/
                                                                                                                                                             Disorders in Newborns and Children
                                                    (accessed May 5, 2017).                                 2013/gr2013/UNAIDS_Global_Report_                (Committee) on the ability to add
                                               40. CDC, ‘‘Cost of Rabies Prevention,’’                      2013_en.pdf (accessed August 8, 2016).           newborn screening for particular
                                                    updated August 3, 2015; available at                                                                     conditions within a state, including the
                                                                                                         Dated: August 21, 2018.
                                                    https://www.cdc.gov/rabies/location/                                                                     feasibility, readiness and overall
                                                    usa/cost.html (accessed February 9,                Leslie Kux, Associate Commissioner for                capacity to screen for a new condition.
                                                    2017).                                             Policy.                                                 The Committee was established under
                                               41. Gullo, F.P., S.A. Rossi, J.C. Sardi, et al.,        [FR Doc. 2018–18314 Filed 8–23–18; 8:45 am]           Section 1111 of the Public Health
                                                    ‘‘Cryptococcosis: Epidemiology, Fungal             BILLING CODE 4164–01–P                                Service Act, 42 U.S.C. 300b–10, as
                                                    Resistance, and New Alternatives for
                                                    Treatment,’’ European Journal of Clinical
                                                                                                                                                             amended in the Newborn Screening
                                                    Microbiology and Infectious Diseases,                                                                    Saves Lives Reauthorization Act of
                                                                                                       DEPARTMENT OF HEALTH AND                              2014. The Committee is governed by the
                                                    32:1377–1391, 2013.
                                               42. CDC, ‘‘C. neoformans Infection                      HUMAN SERVICES                                        provisions of the Federal Advisory
                                                    Statistics;’’ available at https://                                                                      Committee Act, as amended (5 U.S.C.
                                                    www.cdc.gov/fungal/diseases/                       Health Resources and Services                         App.), which sets forth standards for the
                                                    cryptococcosis-neoformans/                         Administration                                        formation and use of advisory
                                                    statistics.html (accessed August 8, 2016).                                                               committees. The purpose of the
                                               43. Makadzange, A.T. and G. McHugh, ‘‘New               Agency Information Collection
                                                                                                       Activities: Submission to OMB for                     Committee is to provide the Secretary
                                                    Approaches to the Diagnosis and
                                                                                                       Review and Approval; Public Comment                   with recommendations, advice, and
                                                    Treatment of Cryptococcal Meningitis,’’
                                                    Seminars in Neurology, 34(1):47–60,                Request; The Secretary’s Discretionary                technical information regarding the
                                                    2014.                                              Advisory Committee on Heritable                       most appropriate application of
                                               44. Perfect, J.R., W.E. Dismukes, F. Dromer,                                                                  technologies, policies, guidelines, and
                                                                                                       Disorders in Newborns and Children’s
                                                    et al., ‘‘Clinical Practice Guidelines for                                                               standards for: (a) Effectively reducing
                                                                                                       Public Health System Assessment
                                                    the Management of Cryptococcal                                                                           morbidity and mortality in newborns
                                                                                                       Surveys OMB No. 0906–0014—Revised
                                                    Disease: 2010 Update by the Infectious                                                                   and children having, or at risk for,
                                                    Disease Society of America,’’ Clinical             AGENCY: Health Resources and Services                 heritable disorders; and (b) enhancing
                                                    Infectious Diseases, 50:291–322, 2010.                                                                   the ability of state and local health
                                                                                                       Administration (HRSA), Department of
                                               45. Rothe, C., D.J. Sloan, P. Goodson, et al.,                                                                agencies to provide for newborn and
                                                    ‘‘A Prospective Longitudinal Study of              Health and Human Services.
                                                                                                                                                             child screening, counseling, and health
                                                    the Clinical Outcomes from Cryptococcal            ACTION: Notice.
                                                    Meningitis Following Treatment                                                                           care services for newborns and children
                                                    Induction with 800 mg Oral Fluconazole             SUMMARY:   In compliance with of the                  having, or at risk for, heritable
                                                    in Blantyre, Malawi,’’ PLOS One,                   Paperwork Reduction Act of 1995,                      disorders. Specifically, the Committee
                                                    8(6):e67311, 2013.                                 HRSA has submitted an Information                     makes systematic evidence-based
                                               46. Park, B.J., K.A. Wannemuehler, B.J.                 Collection Request (ICR) to the Office of             recommendations on newborn screening
                                                    Marston, et al., ‘‘Estimation of the               Management and Budget (OMB) for                       for conditions that have the potential to
                                                    Current Global Burden of Cryptococcal                                                                    change the health outcomes for
                                                    Meningitis Among Persons Living with
                                                                                                       review and approval. Comments
                                                                                                       submitted during the first public review              newborns.
                                                    HIV/AIDS,’’ AIDS, 23:525–530, 2009.                                                                        The Committee tasks an external
                                               47. Mirza, S.A., M. Phelan, D. Rimland, et al.,         of this ICR will be provided to OMB.
                                                                                                       OMB will accept further comments from                 workgroup to conduct systematic
                                                    ‘‘The Changing Epidemiology of
                                                                                                       the public during the review and                      evidence-based reviews for conditions
                                                    Cryptococcosis: An Update from
                                                    Population-Based Active Surveillance in                                                                  being considered for addition to the
                                                                                                       approval period.
                                                    2 Large Metropolitan Areas, 1992–2000,’’                                                                 Recommended Uniform Screening
                                                                                                       DATES: Comments on this ICR should be                 Panel, and their corresponding newborn
                                                    Clinical Infectious Diseases, 36(6):789–
                                                    794, 2003.                                         received no later than September 24,                  screening test(s), confirmatory test(s),
                                               48. Pyrgos, V., A.E. Seitz, C.A. Steiner, et al.,       2018.                                                 and treatment(s). Reviews also include
                                                    ‘‘Epidemiology of Cryptococcal                     ADDRESSES:  Submit your comments to                   an analysis of the benefits and harms of
                                                    Meningitis in the US: 1997–2009,’’ PLOS                                                                  newborn screening for a selected
                                                                                                       paperwork@hrsa.gov or mail the HRSA
                                                    One, 8(2):e56269, 2013.                                                                                  condition at a population level and an
                                               49. CDC, ‘‘Emergence of Cryptococcus                    Information Collection Clearance
                                                                                                       Officer, Room 14N136B, 5600 Fishers                   assessment of state public health
                                                    gattii—Pacific Northwest, 2004–2010,’’
                                                                                                       Lane, Rockville, MD 20857.                            newborn screening programs’ ability to
                                                    Morbidity and Mortality Weekly Report,
                                                    59(28):865–868, 2010 available at https://                                                               implement the screening of a new
                                                                                                       FOR FURTHER INFORMATION CONTACT: To
                                                    www.cdc.gov/mmwr/preview/                                                                                condition.
                                                                                                       request a copy of the clearance requests                Need and Proposed Use of the
                                                    mmwrhtml/mm5928a1.htm?s_                           submitted to OMB for review, email Lisa
                                                    cid=mm5928a1_w.                                                                                          Information: HRSA proposes that the
                                               50. Espinel-Ingroff, A. and S.E. Kidd,
                                                                                                       Wright-Solomon, the HRSA Information                  data collection surveys be administered
                                                    ‘‘Current Trends in the Prevalence of              Collection Clearance Officer at                       by the Committee’s external Evidence
                                                    Cryptococcus Gattii in the United States           paperwork@hrsa.gov or call (301) 443–                 Review Group to all state newborn
                                                    and Canada,’’ Infection and Drug                   1984.                                                 screening programs in the United States
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                                                    Resistance, 8:89–97, May 11, 2015.                 SUPPLEMENTARY INFORMATION:                            up to twice a year for two conditions.
                                               51. WHO, ‘‘Rapid Advice: Diagnosis,
                                                                                                         Information Collection Request Title:               The surveys were developed to capture
                                                    Prevention and Management of
                                                    Cryptococcal Disease in HIV-Infected               The Secretary’s Discretionary Advisory                the following: (1) The readiness of state
                                                    Adults, Adolescents and Children,’’                Committee on Heritable Disorders in                   public health newborn screening
                                                    December 2011; available at http://                Newborns and Children’s Public Health                 programs to expand newborn screening
                                                    www.who.int/hiv/pub/cryptococcal_                  System Assessment Surveys OMB No.                     to include the target condition; (2)
                                                    disease2011/ (accessed August 8, 2016).            0906–0014—Revised.                                    specific requirements of screening for


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Document Created: 2018-08-24 04:13:38
Document Modified: 2018-08-24 04:13:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionFinal order.
DatesThis order is effective August 24, 2018.
ContactKatherine Schumann, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6242, Silver Spring, MD 20993-0002, 301- 796-1300, [email protected]; or Office of Communication, Outreach and Development (OCOD), Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 1-800-835-4709 or 240-402-8010, [email protected]
FR Citation83 FR 42904 

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