83_FR_46113 83 FR 45937 - Agency Information Collection Activities; Proposed Collection; Comment Request; Tobacco Products, User Fees, Requirements for the Submission of Data Needed To Calculate User Fees for Domestic Manufacturers and Importers of Tobacco Products

83 FR 45937 - Agency Information Collection Activities; Proposed Collection; Comment Request; Tobacco Products, User Fees, Requirements for the Submission of Data Needed To Calculate User Fees for Domestic Manufacturers and Importers of Tobacco Products

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45937-45940
FR Document2018-19664

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection for tobacco product user fees.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45937-45940]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19664]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3031]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Tobacco Products, User Fees, Requirements for the 
Submission of Data Needed To Calculate User Fees for Domestic 
Manufacturers and Importers of Tobacco Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the information collection for tobacco 
product user fees.

[[Page 45938]]


DATES: Submit either electronic or written comments on the collection 
of information by November 13, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before November 13, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 13, 2018. Comments 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-N-3031 for ``Tobacco Products, User Fees, Requirements for the 
Submission of Data Needed to Calculate User Fees for Domestic 
Manufacturers and Importers of Tobacco Products.'' Received comments, 
those filed in a timely manner (see ADDRESSES), will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-8867, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Tobacco Products, User Fees, Requirements for the Submission of Data 
Needed To Calculate User Fees for Domestic Manufacturers and Importers 
of Tobacco Products

OMB Control Number 0910-0749--Extension

    On June 22, 2009, the President signed the Family Smoking 
Prevention and Tobacco Control Act (the Tobacco Control Act) (Pub. L. 
111-31) into law. The Tobacco Control Act amended the Federal Food, 
Drug, and Cosmetic Act (FD&C Act) and granted FDA authority to regulate 
the manufacture, marketing, and distribution of tobacco products to 
protect public health generally and to reduce tobacco use by minors.
    FDA issued a final rule that requires domestic manufacturers and 
importers of cigars and pipe tobacco to submit information needed to 
calculate the amount of user fees assessed under the

[[Page 45939]]

FD&C Act. FDA expanded its authority over tobacco products by issuing 
another final rule, ``Deeming Tobacco Products To Be Subject to the 
Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking 
Prevention and Tobacco Control Act; Restrictions on the Sale and 
Distribution of Tobacco Products and Required Warning Statements for 
Tobacco Products'' (Deeming rule), deeming all products that meet the 
statutory definition of ``tobacco product,'' except accessories of the 
newly deemed tobacco products, to be subject to the FD&C Act. The 
Deeming rule, among other things, subjected domestic manufacturers and 
importers of cigars and pipe tobacco to the FD&C Act's user fee 
requirements. Consistent with the Deeming rule and the requirements of 
the FD&C Act, the user fee final rule requires the submission of the 
information needed to calculate user fee assessments for each 
manufacturer and importer of cigars and pipe tobacco to FDA.
    As noted, FDA issued a final rule that requires domestic tobacco 
product manufacturers and importers to submit information needed to 
calculate the amount of user fees assessed under the FD&C Act. The U. 
S. Department of Agriculture (USDA) had been collecting this 
information and provided FDA with the data the Agency needed to 
calculate the amount of user fees assessed to tobacco product 
manufacturers and importers. USDA ceased collecting this information in 
fiscal year 2015 (October 2014). USDA's information collection did not 
require OMB approval, per an exemption by Public Law 108-357, section 
642(b)(3). Consistent with the requirements of the FD&C Act, FDA 
requires the submission of this information to FDA now instead of USDA. 
FDA took this action to ensure that the Agency continues to have the 
information needed to calculate, assess, and collect user fees from 
domestic manufacturers and importers of tobacco products.
    Section 919(a) of the FD&C Act (21 U.S.C. 387s(a)) requires FDA to 
``assess user fees on, and collect such fees from, each manufacturer 
and importer of tobacco products'' subject to the tobacco product 
provisions of the FD&C Act (chapter IX of the FD&C Act). The total 
amount of user fees to be collected for each fiscal year is specified 
in section 919(b)(1) of the FD&C Act, and under section 919(a) FDA is 
to assess and collect a proportionate amount each quarter of the fiscal 
year. The FD&C Act provides for the total assessment to be allocated 
among the classes of tobacco products. The class allocation is based on 
each tobacco product class' volume of tobacco product removed into 
commerce. Within each class of tobacco products, an individual domestic 
manufacturer or importer is assessed a user fee based on its share of 
the market for that tobacco product class.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual      Hours per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
1150.5(a), (b)(1) and (2), and               658              12           7,896               3          23,688
 Form FDA 3852; General
 identifying information
 provided by manufacturers and
 importers of FDA regulated
 tobacco products and
 identification and removal
 information (monthly)..........
1150.5(b)(3); Certified copies               658              12           7,896               1           7,896
 (monthly)......................
1150.13; Submission of user fee              329               4           1,316               1           1,316
 information (Identifying
 information, fee amount, etc.
 (quarterly)....................
1150.15(a); Submission of user                 5               1               5              10              50
 fee dispute (annually).........
1150.15(d); Submission of                      3               1               3              10              30
 request for further review of
 dispute of user fee (annually).
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          32,980
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA estimates that 658 entities will submit tobacco product user 
fees. The entity count was derived from aggregate data provided by the 
Alcohol and Tobacco Tax and Trade Bureau (TTB), and reflects that in 
2017 there were 192 total permitted manufacturers and 466 permitted 
importers over all tobacco product types for which TTB collects excise 
taxes (including cigarettes, cigars, snuff, chewing tobacco, pipe 
tobacco, and roll-your-own tobacco, excluding electronic nicotine 
delivery systems).
    The estimate of 658 respondents to provide the information 
requested from Sec.  1150.5(a), (b)(1) and (2) (21 CFR 1150.5(a), 
(b)(1) and (2)), and Form FDA 3852 reflects both reports of no removal 
of tobacco products into domestic commerce and reports of removal of 
tobacco product into domestic commerce. FDA estimates it will take 3 
hours for each of these submission types for a total of 23,688 hours. 
Under Sec.  1150.5(b)(3), these respondents are also expected to 
provide monthly certified copies of the returns and forms that relate 
to the removal of tobacco products into domestic commerce and the 
payment of Federal excise taxes imposed under chapter 52 of the 
Internal Revenue Code of 1986 to FDA. We estimate that each monthly 
report will take 1 hour for a total of 7,896 hours. The estimate of 329 
respondents to submit payment of user fee information under Sec.  
1150.13 reflects an average of half the number of domestic 
manufacturers and importers who may be subject to fees each fiscal 
quarter. FDA estimates the quarterly submission will take approximately 
1 hour for a total of 1,316 hours.
    FDA estimates that five of those respondents assessed user fees 
will dispute the amounts under Sec.  1150.15(a), for a total amount of 
50 hours. FDA also estimates that three respondents who dispute their 
user fees will ask for further review by FDA under Sec.  1150.15(d), 
for a total amount of 30 hours. FDA has only received one dispute 
submission since fiscal year 2015. Based on this data, the Agency does 
not believe we will receive more than five disputes and three requests 
for further reviews in the next 3 years.
    FDA estimates the total annual burden for this collection of 
information is 32,980 hours. The estimated burden for the information 
collection reflects an overall increase of 16,058 hours. We

[[Page 45940]]

attribute this adjustment to an increase in the number of entities 
submitting tobacco user fee information to FDA.

    Dated: September 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19664 Filed 9-10-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                 45937

                                               Docket; Request for Comments.’’                         Federal Register about last minute                    FDA is not responsible for providing
                                               Received comments, those filed in a                     modifications that impact a previously                access to electrical outlets.
                                               timely manner (see ADDRESSES), will be                  announced advisory committee meeting                     For press inquiries, please contact the
                                               placed in the docket and, except for                    cannot always be published quickly                    Office of Media Affairs at fdaoma@
                                               those submitted as ‘‘Confidential                       enough to provide timely notice.                      fda.hhs.gov or 301–796–4540.
                                               Submissions,’’ publicly viewable at                     Therefore, you should always check the                   FDA welcomes the attendance of the
                                               https://www.regulations.gov or at the                   FDA’s website at https://www.fda.gov/                 public at its advisory committee
                                               Dockets Management Staff between 9                      AdvisoryCommittees/default.htm and                    meetings and will make every effort to
                                               a.m. and 4 p.m., Monday through                         scroll down to the appropriate advisory               accommodate persons with disabilities.
                                               Friday.                                                 committee meeting link, or call the                   If you require accommodations due to a
                                                  • Confidential Submissions—To                        advisory committee information line to                disability, please contact Jay Fajiculay
                                               submit a comment with confidential                      learn about possible modifications                    (see FOR FURTHER INFORMATION CONTACT)
                                               information that you do not wish to be                  before coming to the meeting.                         at least 7 days in advance of the
                                               made publicly available, submit your                    SUPPLEMENTARY INFORMATION:                            meeting.
                                               comments only as a written/paper                           Agenda: The committee will discuss                    FDA is committed to the orderly
                                               submission. You should submit two                       new drug application (NDA) 210166 for                 conduct of its advisory committee
                                               copies total. One copy will include the                 prucalopride tablets for oral                         meetings. Please visit our website at
                                               information you claim to be confidential                administration, submitted by Shire                    https://www.fda.gov/Advisory
                                               with a heading or cover note that states                Development, LLC, proposed for the                    Committees/AboutAdvisoryCommittees/
                                               ‘‘THIS DOCUMENT CONTAINS                                treatment of chronic idiopathic                       ucm111462.htm for procedures on
                                               CONFIDENTIAL INFORMATION.’’ FDA                         constipation in adults.                               public conduct during advisory
                                               will review this copy, including the                       FDA intends to make background                     committee meetings.
                                               claimed confidential information, in its                material available to the public no later                Notice of this meeting is given under
                                               consideration of comments. The second                   than 2 business days before the meeting.              the Federal Advisory Committee Act (5
                                               copy, which will have the claimed                       If FDA is unable to post the background               U.S.C. app. 2).
                                               confidential information redacted/                      material on its website prior to the
                                                                                                       meeting, the background material will                   Dated: September 4, 2018.
                                               blacked out, will be available for public
                                                                                                       be made publicly available at the                     Leslie Kux,
                                               viewing and posted on https://
                                               www.regulations.gov. Submit both                        location of the advisory committee                    Associate Commissioner for Policy.
                                               copies to the Dockets Management Staff.                 meeting, and the background material                  [FR Doc. 2018–19670 Filed 9–10–18; 8:45 am]
                                               If you do not wish your name and                        will be posted on FDA’s website after                 BILLING CODE 4164–01–P
                                               contact information be made publicly                    the meeting. Background material is
                                               available, you can provide this                         available at https://www.fda.gov/
                                               information on the cover sheet and not                  AdvisoryCommittees/Calendar/                          DEPARTMENT OF HEALTH AND
                                               in the body of your comments and you                    default.htm. Scroll down to the                       HUMAN SERVICES
                                               must identify the information as                        appropriate advisory committee meeting
                                                                                                       link.                                                 Food and Drug Administration
                                               ‘‘confidential.’’ Any information marked
                                               as ‘‘confidential’’ will not be disclosed                  Procedure: Interested persons may
                                                                                                       present data, information, or views,                  [Docket No. FDA–2018–N–3031]
                                               except in accordance with 21 CFR 10.20
                                                                                                       orally or in writing, on issues pending
                                               and other applicable disclosure law. For
                                                                                                       before the committee. All electronic and              Agency Information Collection
                                               more information about FDA’s posting
                                                                                                       written submissions submitted to the                  Activities; Proposed Collection;
                                               of comments to public dockets, see 80
                                                                                                       Docket (see ADDRESSES) on or before                   Comment Request; Tobacco Products,
                                               FR 56469, September 18, 2015, or access
                                                                                                       October 9, 2018, will be provided to the              User Fees, Requirements for the
                                               the information at: https://www.gpo.gov/
                                                                                                       committee. Oral presentations from the                Submission of Data Needed To
                                               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                       public will be scheduled between                      Calculate User Fees for Domestic
                                               23389.pdf.
                                                                                                       approximately 1 p.m. and 2 p.m. Those                 Manufacturers and Importers of
                                                  Docket: For access to the docket to
                                                                                                       individuals interested in making formal               Tobacco Products
                                               read background documents or the                        oral presentations should notify the
                                               electronic and written/paper comments                   contact person and submit a brief                     AGENCY:    Food and Drug Administration,
                                               received, go to https://                                statement of the general nature of the                HHS.
                                               www.regulations.gov and insert the                      evidence or arguments they wish to                    ACTION:   Notice.
                                               docket number, found in brackets in the                 present, the names and addresses of
                                               heading of this document, into the                      proposed participants, and an                         SUMMARY:   The Food and Drug
                                               ‘‘Search’’ box and follow the prompts                   indication of the approximate time                    Administration (FDA or Agency) is
                                               and/or go to the Dockets Management                     requested to make their presentation on               announcing an opportunity for public
                                               Staff, 5630 Fishers Lane, Rm. 1061,                     or before October 1, 2018. Time allotted              comment on the proposed collection of
                                               Rockville, MD 20852.                                    for each presentation may be limited. If              certain information by the Agency.
                                               FOR FURTHER INFORMATION CONTACT: Jay                    the number of registrants requesting to               Under the Paperwork Reduction Act of
                                               R. Fajiculay, Center for Drug Evaluation                speak is greater than can be reasonably               1995 (PRA), Federal Agencies are
                                               and Research, Food and Drug                             accommodated during the scheduled                     required to publish notice in the
                                               Administration, 10903 New Hampshire                     open public hearing session, FDA may                  Federal Register concerning each
daltland on DSKBBV9HB2PROD with NOTICES




                                               Ave., Bldg. 31, Rm. 2417, Silver Spring,                conduct a lottery to determine the                    proposed collection of information,
                                               MD 20993–0002, 301–796–9001, Fax:                       speakers for the scheduled open public                including each proposed extension of an
                                               301–847–8533, email: GIDAC@                             hearing session. The contact person will              existing collection of information, and
                                               fda.hhs.gov, or FDA Advisory                            notify interested persons regarding their             to allow 60 days for public comment in
                                               Committee Information Line, 1–800–                      request to speak by October 2, 2018.                  response to the notice. This notice
                                               741–8138 (301–443–0572 in the                              Persons attending FDA’s advisory                   solicits comments on the information
                                               Washington, DC area). A notice in the                   committee meetings are advised that                   collection for tobacco product user fees.


                                          VerDate Sep<11>2014   18:49 Sep 10, 2018   Jkt 244001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\11SEN1.SGM   11SEN1


                                               45938                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               DATES:  Submit either electronic or                     User Fees, Requirements for the                       SUPPLEMENTARY INFORMATION:       Under the
                                               written comments on the collection of                   Submission of Data Needed to Calculate                PRA (44 U.S.C. 3501–3520), Federal
                                               information by November 13, 2018.                       User Fees for Domestic Manufacturers                  Agencies must obtain approval from the
                                               ADDRESSES: You may submit comments                      and Importers of Tobacco Products.’’                  Office of Management and Budget
                                               as follows. Please note that late,                      Received comments, those filed in a                   (OMB) for each collection of
                                               untimely filed comments will not be                     timely manner (see ADDRESSES), will be                information they conduct or sponsor.
                                               considered. Electronic comments must                    placed in the docket and, except for                  ‘‘Collection of information’’ is defined
                                               be submitted on or before November 13,                  those submitted as ‘‘Confidential                     in 44 U.S.C. 3502(3) and 5 CFR
                                               2018. The https://www.regulations.gov                   Submissions,’’ publicly viewable at                   1320.3(c) and includes Agency requests
                                               electronic filing system will accept                    https://www.regulations.gov or at the                 or requirements that members of the
                                               comments until midnight Eastern Time                    Dockets Management Staff between 9                    public submit reports, keep records, or
                                               at the end of November 13, 2018.                        a.m. and 4 p.m., Monday through                       provide information to a third party.
                                               Comments received by mail/hand                          Friday.                                               Section 3506(c)(2)(A) of the PRA (44
                                               delivery/courier (for written/paper                        • Confidential Submissions—To                      U.S.C. 3506(c)(2)(A)) requires Federal
                                               submissions) will be considered timely                  submit a comment with confidential                    Agencies to provide a 60-day notice in
                                               if they are postmarked or the delivery                  information that you do not wish to be                the Federal Register concerning each
                                               service acceptance receipt is on or                     made publicly available, submit your                  proposed collection of information,
                                               before that date.                                       comments only as a written/paper                      including each proposed extension of an
                                                                                                       submission. You should submit two                     existing collection of information,
                                               Electronic Submissions
                                                                                                       copies total. One copy will include the               before submitting the collection to OMB
                                                 Submit electronic comments in the                                                                           for approval. To comply with this
                                               following way:                                          information you claim to be confidential
                                                                                                       with a heading or cover note that states              requirement, FDA is publishing notice
                                                 • Federal eRulemaking Portal:                                                                               of the proposed collection of
                                               https://www.regulations.gov. Follow the                 ‘‘THIS DOCUMENT CONTAINS
                                                                                                       CONFIDENTIAL INFORMATION.’’ The                       information set forth in this document.
                                               instructions for submitting comments.                                                                            With respect to the following
                                               Comments submitted electronically,                      Agency will review this copy, including
                                                                                                       the claimed confidential information, in              collection of information, FDA invites
                                               including attachments, to https://                                                                            comments on these topics: (1) Whether
                                               www.regulations.gov will be posted to                   its consideration of comments. The
                                                                                                       second copy, which will have the                      the proposed collection of information
                                               the docket unchanged. Because your                                                                            is necessary for the proper performance
                                               comment will be made public, you are                    claimed confidential information
                                                                                                       redacted/blacked out, will be available               of FDA’s functions, including whether
                                               solely responsible for ensuring that your                                                                     the information will have practical
                                               comment does not include any                            for public viewing and posted on
                                                                                                       https://www.regulations.gov. Submit                   utility; (2) the accuracy of FDA’s
                                               confidential information that you or a                                                                        estimate of the burden of the proposed
                                               third party may not wish to be posted,                  both copies to the Dockets Management
                                                                                                       Staff. If you do not wish your name and               collection of information, including the
                                               such as medical information, your or                                                                          validity of the methodology and
                                               anyone else’s Social Security number, or                contact information to be made publicly
                                                                                                       available, you can provide this                       assumptions used; (3) ways to enhance
                                               confidential business information, such                                                                       the quality, utility, and clarity of the
                                               as a manufacturing process. Please note                 information on the cover sheet and not
                                                                                                       in the body of your comments and you                  information to be collected; and (4)
                                               that if you include your name, contact                                                                        ways to minimize the burden of the
                                               information, or other information that                  must identify this information as
                                                                                                       ‘‘confidential.’’ Any information marked              collection of information on
                                               identifies you in the body of your                                                                            respondents, including through the use
                                               comments, that information will be                      as ‘‘confidential’’ will not be disclosed
                                                                                                       except in accordance with 21 CFR 10.20                of automated collection techniques,
                                               posted on https://www.regulations.gov.                                                                        when appropriate, and other forms of
                                                 • If you want to submit a comment                     and other applicable disclosure law. For
                                                                                                       more information about FDA’s posting                  information technology.
                                               with confidential information that you
                                               do not wish to be made available to the                 of comments to public dockets, see 80                 Tobacco Products, User Fees,
                                               public, submit the comment as a                         FR 56469, September 18, 2015, or access               Requirements for the Submission of
                                               written/paper submission and in the                     the information at: https://www.gpo.gov/              Data Needed To Calculate User Fees for
                                               manner detailed (see ‘‘Written/Paper                    fdsys/pkg/FR-2015-09-18/pdf/2015-                     Domestic Manufacturers and Importers
                                               Submissions’’ and ‘‘Instructions’’).                    23389.pdf.                                            of Tobacco Products
                                               Written/Paper Submissions                                  Docket: For access to the docket to                OMB Control Number 0910–0749—
                                                                                                       read background documents or the                      Extension
                                                 Submit written/paper submissions as                   electronic and written/paper comments
                                               follows:                                                received, go to https://                                On June 22, 2009, the President
                                                 • Mail/Hand delivery/Courier (for                     www.regulations.gov and insert the                    signed the Family Smoking Prevention
                                               written/paper submissions): Dockets                     docket number, found in brackets in the               and Tobacco Control Act (the Tobacco
                                               Management Staff (HFA–305), Food and                    heading of this document, into the                    Control Act) (Pub. L. 111–31) into law.
                                               Drug Administration, 5630 Fishers                       ‘‘Search’’ box and follow the prompts                 The Tobacco Control Act amended the
                                               Lane, Rm. 1061, Rockville, MD 20852.                    and/or go to the Dockets Management                   Federal Food, Drug, and Cosmetic Act
                                                 • For written/paper comments                          Staff, 5630 Fishers Lane, Rm. 1061,                   (FD&C Act) and granted FDA authority
                                               submitted to the Dockets Management                     Rockville, MD 20852.                                  to regulate the manufacture, marketing,
                                               Staff, FDA will post your comment, as                                                                         and distribution of tobacco products to
daltland on DSKBBV9HB2PROD with NOTICES




                                               well as any attachments, except for                     FOR FURTHER INFORMATION CONTACT:                      protect public health generally and to
                                               information submitted, marked and                       Amber Sanford, Office of Operations,                  reduce tobacco use by minors.
                                               identified, as confidential, if submitted               Food and Drug Administration, Three                     FDA issued a final rule that requires
                                               as detailed in ‘‘Instructions.’’                        White Flint North, 10A–12M, 11601                     domestic manufacturers and importers
                                                 Instructions: All submissions received                Landsdown St., North Bethesda, MD                     of cigars and pipe tobacco to submit
                                               must include the Docket No. FDA–                        20852, 301–796–8867, PRAStaff@                        information needed to calculate the
                                               2018–N–3031 for ‘‘Tobacco Products,                     fda.hhs.gov.                                          amount of user fees assessed under the


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                                                                                  Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                                                           45939

                                               FD&C Act. FDA expanded its authority                                        As noted, FDA issued a final rule that                                       Section 919(a) of the FD&C Act (21
                                               over tobacco products by issuing                                          requires domestic tobacco product                                           U.S.C. 387s(a)) requires FDA to ‘‘assess
                                               another final rule, ‘‘Deeming Tobacco                                     manufacturers and importers to submit                                       user fees on, and collect such fees from,
                                               Products To Be Subject to the Federal                                     information needed to calculate the                                         each manufacturer and importer of
                                               Food, Drug, and Cosmetic Act, as                                          amount of user fees assessed under the                                      tobacco products’’ subject to the tobacco
                                               Amended by the Family Smoking                                             FD&C Act. The U. S. Department of                                           product provisions of the FD&C Act
                                               Prevention and Tobacco Control Act;                                       Agriculture (USDA) had been collecting                                      (chapter IX of the FD&C Act). The total
                                               Restrictions on the Sale and Distribution                                 this information and provided FDA with                                      amount of user fees to be collected for
                                               of Tobacco Products and Required                                          the data the Agency needed to calculate                                     each fiscal year is specified in section
                                               Warning Statements for Tobacco                                            the amount of user fees assessed to                                         919(b)(1) of the FD&C Act, and under
                                               Products’’ (Deeming rule), deeming all
                                                                                                                         tobacco product manufacturers and                                           section 919(a) FDA is to assess and
                                               products that meet the statutory
                                                                                                                         importers. USDA ceased collecting this                                      collect a proportionate amount each
                                               definition of ‘‘tobacco product,’’ except
                                               accessories of the newly deemed                                           information in fiscal year 2015 (October                                    quarter of the fiscal year. The FD&C Act
                                               tobacco products, to be subject to the                                    2014). USDA’s information collection                                        provides for the total assessment to be
                                               FD&C Act. The Deeming rule, among                                         did not require OMB approval, per an                                        allocated among the classes of tobacco
                                               other things, subjected domestic                                          exemption by Public Law 108–357,                                            products. The class allocation is based
                                               manufacturers and importers of cigars                                     section 642(b)(3). Consistent with the                                      on each tobacco product class’ volume
                                               and pipe tobacco to the FD&C Act’s user                                   requirements of the FD&C Act, FDA                                           of tobacco product removed into
                                               fee requirements. Consistent with the                                     requires the submission of this                                             commerce. Within each class of tobacco
                                               Deeming rule and the requirements of                                      information to FDA now instead of                                           products, an individual domestic
                                               the FD&C Act, the user fee final rule                                     USDA. FDA took this action to ensure                                        manufacturer or importer is assessed a
                                               requires the submission of the                                            that the Agency continues to have the                                       user fee based on its share of the market
                                               information needed to calculate user fee                                  information needed to calculate, assess,                                    for that tobacco product class.
                                               assessments for each manufacturer and                                     and collect user fees from domestic                                            FDA estimates the burden of this
                                               importer of cigars and pipe tobacco to                                    manufacturers and importers of tobacco                                      collection of information as follows:
                                               FDA.                                                                      products.

                                                                                                            TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                        Number of                      Total
                                                                                                                                             Number of                                                                         Hours per               Total
                                                                              21 CFR section                                                                          responses per                   annual
                                                                                                                                            respondents                                                                        response                hours
                                                                                                                                                                        respondent                  responses

                                               1150.5(a), (b)(1) and (2), and Form FDA 3852; General
                                                 identifying information provided by manufacturers and
                                                 importers of FDA regulated tobacco products and identi-
                                                 fication and removal information (monthly) ......................                                           658                          12                    7,896                            3        23,688
                                               1150.5(b)(3); Certified copies (monthly) ..............................                                       658                          12                    7,896                            1         7,896
                                               1150.13; Submission of user fee information (Identifying
                                                 information, fee amount, etc. (quarterly) ..........................                                        329                           4                    1,316                            1         1,316
                                               1150.15(a); Submission of user fee dispute (annually) .......                                                   5                           1                        5                           10            50
                                               1150.15(d); Submission of request for further review of
                                                 dispute of user fee (annually) ..........................................                                       3                          1                          3                        10             30

                                                    Total ..............................................................................   ........................   ........................   ........................   ........................      32,980
                                                  1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                 FDA estimates that 658 entities will                                    commerce. FDA estimates it will take 3                                      will take approximately 1 hour for a
                                               submit tobacco product user fees. The                                     hours for each of these submission types                                    total of 1,316 hours.
                                               entity count was derived from aggregate                                   for a total of 23,688 hours. Under                                             FDA estimates that five of those
                                               data provided by the Alcohol and                                          § 1150.5(b)(3), these respondents are                                       respondents assessed user fees will
                                               Tobacco Tax and Trade Bureau (TTB),                                       also expected to provide monthly                                            dispute the amounts under § 1150.15(a),
                                               and reflects that in 2017 there were 192                                  certified copies of the returns and forms                                   for a total amount of 50 hours. FDA also
                                               total permitted manufacturers and 466                                     that relate to the removal of tobacco                                       estimates that three respondents who
                                               permitted importers over all tobacco                                      products into domestic commerce and                                         dispute their user fees will ask for
                                               product types for which TTB collects                                      the payment of Federal excise taxes                                         further review by FDA under
                                               excise taxes (including cigarettes, cigars,                               imposed under chapter 52 of the                                             § 1150.15(d), for a total amount of 30
                                               snuff, chewing tobacco, pipe tobacco,                                     Internal Revenue Code of 1986 to FDA.                                       hours. FDA has only received one
                                               and roll-your-own tobacco, excluding                                      We estimate that each monthly report                                        dispute submission since fiscal year
                                               electronic nicotine delivery systems).                                                                                                                2015. Based on this data, the Agency
                                                                                                                         will take 1 hour for a total of 7,896
                                                 The estimate of 658 respondents to                                      hours. The estimate of 329 respondents                                      does not believe we will receive more
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                                               provide the information requested from                                    to submit payment of user fee                                               than five disputes and three requests for
                                               § 1150.5(a), (b)(1) and (2) (21 CFR                                                                                                                   further reviews in the next 3 years.
                                                                                                                         information under § 1150.13 reflects an
                                               1150.5(a), (b)(1) and (2)), and Form FDA                                  average of half the number of domestic                                         FDA estimates the total annual
                                               3852 reflects both reports of no removal                                  manufacturers and importers who may                                         burden for this collection of information
                                               of tobacco products into domestic                                         be subject to fees each fiscal quarter.                                     is 32,980 hours. The estimated burden
                                               commerce and reports of removal of                                                                                                                    for the information collection reflects an
                                                                                                                         FDA estimates the quarterly submission
                                               tobacco product into domestic                                                                                                                         overall increase of 16,058 hours. We


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                                               45940                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                               attribute this adjustment to an increase                   The 1984 amendments include what                   Streptococcus pneumoniae,
                                               in the number of entities submitting                    is now section 505(j)(7) of the Federal               Haemophilus influenzae (including b-
                                               tobacco user fee information to FDA.                    Food, Drug, and Cosmetic Act (FD&C                    lactamase-producing strains), and
                                                 Dated: September 4, 2018.                             Act) (21 U.S.C. 355(j)(7)), which                     Moraxella (Branhamella) catarrhalis
                                               Leslie Kux,
                                                                                                       requires FDA to publish a list of all                 (including b-lactamase-producing
                                                                                                       approved drugs. FDA publishes this list               strains);
                                               Associate Commissioner for Policy.
                                                                                                       as part of the ‘‘Approved Drug Products                  • Lower respiratory tract: Acute
                                               [FR Doc. 2018–19664 Filed 9–10–18; 8:45 am]             With Therapeutic Equivalence                          bacterial exacerbation of chronic
                                               BILLING CODE 4164–01–P                                  Evaluations,’’ which is known generally               bronchitis caused by Streptococcus
                                                                                                       as the ‘‘Orange Book.’’ Under FDA                     pneumoniae, Haemophilus influenzae
                                                                                                       regulations, drugs are removed from the               (including b-lactamase-producing
                                               DEPARTMENT OF HEALTH AND                                list if the Agency withdraws or                       strains), and Moraxella (Branhamella)
                                               HUMAN SERVICES                                          suspends approval of the drug’s NDA or                catarrhalis (including b-lactamase-
                                                                                                       ANDA for reasons of safety or                         producing strains); and
                                               Food and Drug Administration
                                                                                                       effectiveness or if FDA determines that                  • Skin and skin structure:
                                               [Docket No. FDA–2018–N–3262]                            the listed drug was withdrawn from sale               Uncomplicated skin and skin-structure
                                                                                                       for reasons of safety or effectiveness (21            infections caused by Staphylococcus
                                               Determination That CEFZIL (Cefprozil)                   CFR 314.162).                                         aureus (including penicillinase-
                                               Tablets, 250 Milligrams and 500                            A person may petition the Agency to                producing strains) and Streptococcus
                                               Milligrams, and for Oral Suspension,                    determine, or the Agency may                          pyogenes. Abscesses usually require
                                               125 Milligrams/5 Milliliters and 250                    determine on its own initiative, whether              surgical drainage.
                                               Milligrams/5 Milliliters, Were Not                      a listed drug was withdrawn from sale                    In a letter dated September 7, 2010,
                                               Withdrawn From Sale for Reasons of                      for reasons of safety or effectiveness.               Bristol-Myers Squibb 1 notified FDA that
                                               Safety or Effectiveness                                 This determination may be made at any                 CEFZIL (cefprozil) tablets, 250 mg and
                                               AGENCY:    Food and Drug Administration,                time after the drug has been withdrawn                500 mg and CEFZIL (cefprozil) for oral
                                               HHS.                                                    from sale, but must be made prior to                  suspension, 125 mg/5 mL and 250 mg/
                                                                                                       approving an ANDA that refers to the                  5 mL, were discontinued from sale, and
                                               ACTION:   Notice.                                       listed drug (§ 314.161 (21 CFR 314.161)).             FDA moved the drug products to the
                                               SUMMARY:   The Food and Drug                            FDA may not approve an ANDA that                      ‘‘Discontinued Drug Product List’’
                                               Administration (FDA or Agency) has                      does not refer to a listed drug.                      section of the Orange Book. Later,
                                               determined that CEFZIL (cefprozil)                         Under § 314.161(a)(2), the Agency                  Corden Pharma Latina S.p.A. notified
                                               tablets, 250 milligrams (mg) and 500 mg                 must also determine whether a listed                  the Agency in writing that these drug
                                               and CEFZIL (cefprozil) for oral                         drug was withdrawn from sale for                      products were no longer marketed and
                                               suspension, 125 mg/5 milliliters (mL)                   reasons of safety or effectiveness if                 requested that the approval of the
                                               and 250 mg/5 mL were not withdrawn                      ANDAs that referred to the listed drug                applications be withdrawn. In the
                                               from sale for reasons of safety or                      have already been approved prior to its               Federal Register of June 21, 2017 (82 FR
                                               effectiveness. This determination will                  market withdrawal. If the Agency                      28322 at 28326), the Agency issued a
                                               allow FDA to continue to approve                        determines that a listed drug was                     notice withdrawing approval of the
                                               abbreviated new drug applications                       withdrawn from sale for reasons of                    applications, effective July 21, 2017.
                                                                                                       safety or effectiveness, and there are                   After reviewing Agency records and
                                               (ANDAs) that refer to these drugs as
                                                                                                       approved ANDAs that reference that                    based on the information we have at this
                                               long as they meet relevant legal and
                                                                                                       listed drug, FDA will initiate a                      time, FDA has determined under
                                               regulatory requirements.
                                                                                                       proceeding to determine whether the                   § 314.161 that CEFZIL (cefprozil)
                                               FOR FURTHER INFORMATION CONTACT:                        suspension of the ANDAs is also
                                               Diana J. Pomeranz, Center for Drug                                                                            tablets, 250 mg and 500 mg, and CEFZIL
                                                                                                       required (21 CFR 314.153(b)).                         (cefprozil) for oral suspension, 125 mg/
                                               Evaluation and Research, Food and                          CEFZIL (cefprozil) tablets, 250 mg and
                                               Drug Administration, 10903 New                                                                                5 mL and 250 mg/5 mL, were not
                                                                                                       500 mg, are the subject of NDA 050664                 withdrawn from sale for reasons of
                                               Hampshire Ave., Bldg. 51, Rm. 6288,                     held by Corden Pharma Latina S.p.A.,
                                               Silver Spring, MD 20993–0002, 240–                                                                            safety or effectiveness.
                                                                                                       and initially approved on December 23,                   We note that CEFZIL (cefprozil)
                                               402–4654.                                               1991. CEFZIL (cefprozil) for oral                     tablets, 250 mg and 500 mg, and CEFZIL
                                               SUPPLEMENTARY INFORMATION: In 1984,                     suspension, 125 mg/5 mL and 250 mg/                   (cefprozil) for oral suspension, 125 mg/
                                               Congress enacted the Drug Price                         5 mL, is the subject of NDA 050665 held               5 mL and 250 mg/5 mL, previously were
                                               Competition and Patent Term                             by Corden Pharma Latina S.p.A., and                   approved with an indication for
                                               Restoration Act of 1984 (Pub. L. 98–417)                initially approved on December 23,                    secondary bacterial infection of acute
                                               (the 1984 amendments), which                            1991. CEFZIL is indicated for the                     bronchitis (SBIAB). On October 3, 2016,
                                               authorized the approval of duplicate                    treatment of patients with mild to                    FDA sent Corden Pharma Latina S.p.A.
                                               versions of drug products under an                      moderate infections caused by                         a Prior Approval Supplement Request
                                               ANDA procedure. ANDA applicants                         susceptible strains of the designated                 letter seeking removal of the SBIAB
                                               must, with certain exceptions, show that                microorganisms in the conditions listed               indication from the labeling of these
                                               the drug for which they are seeking                     below:                                                drug products. In response, on October
                                               approval contains the same active                          • Upper respiratory tract: Pharyngitis/            28, 2016, Corden Pharma Latina S.p.A.
                                               ingredient in the same strength and                     tonsillitis caused by Streptococcus                   submitted supplements proposing to
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                                               dosage form as the ‘‘listed drug,’’ which               pyogenes; otitis media caused by                      remove the indication. On November
                                               is a version of the drug that was                       Streptococcus pneumoniae,                             22, 2016, FDA approved these
                                               previously approved. ANDA applicants                    Haemophilus influenzae (including b-                  supplements and the indication was
                                               do not have to repeat the extensive                     lactamase-producing strains), and
                                               clinical testing otherwise necessary to                 Moraxella (Branhamella) catarrhalis                      1 On May 26, 2011, Bristol-Myers Squibb
                                               gain approval of a new drug application                 (including b-lactamase-producing                      transferred ownership of NDA 050664 and NDA
                                               (NDA).                                                  strains); and acute sinusitis caused by               050665 to Corden Pharma Latina S.p.A.



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Document Created: 2018-09-11 01:03:07
Document Modified: 2018-09-11 01:03:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by November 13, 2018.
ContactAmber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]
FR Citation83 FR 45937 

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