83_FR_5130 83 FR 5106 - Hazard Analysis and Risk-Based Preventive Controls for Food for Animals; Draft Guidance for Industry; Availability; Correction

83 FR 5106 - Hazard Analysis and Risk-Based Preventive Controls for Food for Animals; Draft Guidance for Industry; Availability; Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 24 (February 5, 2018)

Page Range5106-5107
FR Document2018-02181

The Food and Drug Administration is correcting a notice entitled ``Hazard Analysis and Risk- Based Preventive Controls for Food for Animals; Draft Guidance for Industry; Availability'' that appeared in the Federal Register of January 23, 2018. The document announced the availability of a draft guidance for industry #245 entitled ``Hazard Analysis and Risk-Based Preventive Controls for Food for Animals.'' The document was published with the incorrect docket number. This document corrects that error.

Federal Register, Volume 83 Issue 24 (Monday, February 5, 2018)
[Federal Register Volume 83, Number 24 (Monday, February 5, 2018)]
[Notices]
[Pages 5106-5107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02181]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-0388]


Hazard Analysis and Risk-Based Preventive Controls for Food for 
Animals; Draft Guidance for Industry; Availability; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; correction.

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

SUMMARY: The Food and Drug Administration is correcting a notice 
entitled ``Hazard Analysis and Risk-

[[Page 5107]]

Based Preventive Controls for Food for Animals; Draft Guidance for 
Industry; Availability'' that appeared in the Federal Register of 
January 23, 2018. The document announced the availability of a draft 
guidance for industry #245 entitled ``Hazard Analysis and Risk-Based 
Preventive Controls for Food for Animals.'' The document was published 
with the incorrect docket number. This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Lisa Granger, Office of Policy and 
Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
32, Rm. 3330, Silver Spring, MD 20993-0002, 301-796-9115.

SUPPLEMENTARY INFORMATION: In the Federal Register of Tuesday, January 
23, 2018 (83 FR 3163), in FR Doc. 2018-01126, on page 3163, the 
following correction is made:
    1. On page 3163, in the first column, in the header of the 
document, the docket number is corrected to read ``FDA-2018-D-0388''.

    Dated: January 30, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-02181 Filed 2-2-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                5106                         Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices

                                                https://www.regulations.gov. Submit                     review period may count toward the                      This determination of the regulatory
                                                both copies to the Dockets Management                   actual amount of extension that the                   review period establishes the maximum
                                                Staff. If you do not wish your name and                 Director of USPTO may award (for                      potential length of a patent extension.
                                                contact information to be made publicly                 example, half the testing phase must be               However, the USPTO applies several
                                                available, you can provide this                         subtracted as well as any time that may               statutory limitations in its calculations
                                                information on the cover sheet and not                  have occurred before the patent was                   of the actual period for patent extension.
                                                in the body of your comments and you                    issued), FDA’s determination of the                   In its applications for patent extension,
                                                must identify this information as                       length of a regulatory review period for              this applicant seeks 428 days, 606 days,
                                                ‘‘confidential.’’ Any information marked                a human drug product will include all                 or 431 days of patent term extension.
                                                as ‘‘confidential’’ will not be disclosed               of the testing phase and approval phase               III. Petitions
                                                except in accordance with§ 10.20 (21                    as specified in 35 U.S.C. 156(g)(1)(B).
                                                CFR 10.20) and other applicable                            FDA has approved for marketing the                    Anyone with knowledge that any of
                                                disclosure law. For more information                    human drug product VIBERZI                            the dates as published are incorrect may
                                                about FDA’s posting of comments to                      (eluxadoline). VIBERZI is indicated in                submit either electronic or written
                                                public dockets, see 80 FR 56469,                        adults for the treatment of irritable                 comments and, under 21 CFR 60.24, ask
                                                September 18, 2015, or access the                       bowel syndrome with diarrhea.                         for a redetermination (see DATES).
                                                information at: https://www.gpo.gov/                    Subsequent to this approval, the USPTO                Furthermore, as specified in § 60.30 (21
                                                fdsys/pkg/FR-2015-09-18/pdf/2015-                       received patent term restoration                      CFR 60.30), any interested person may
                                                23389.pdf.                                              applications for VIBERZI (U.S. Patent                 petition FDA for a determination
                                                   Docket: For access to the docket to                  Nos. 7,741,356; 8,344,011; and                        regarding whether the applicant for
                                                read background documents or the                        8,609,709) from Janssen Pharmaceutica,                extension acted with due diligence
                                                electronic and written/paper comments                   N.V., and the USPTO requested FDA’s                   during the regulatory review period. To
                                                received, go to http://                                 assistance in determining the patents’                meet its burden, the petition must
                                                www.regulations.gov and insert the                                                                            comply with all the requirements of
                                                                                                        eligibility for patent term restoration. In
                                                docket number, found in brackets in the                                                                       § 60.30, including but not limited to:
                                                                                                        a letter dated August 12, 2016, FDA
                                                heading of this document, into the                                                                            must be timely (see DATES), must be
                                                                                                        advised the USPTO that this human
                                                ‘‘Search’’ box and follow the prompts                                                                         filed in accordance with § 10.20, must
                                                                                                        drug product had undergone a
                                                and/or go to the Dockets Management                                                                           contain sufficient facts to merit an FDA
                                                                                                        regulatory review period and that the
                                                Staff, 5630 Fishers Lane, Rm. 1061,                                                                           investigation, and must certify that a
                                                                                                        approval of VIBERZI represented the
                                                Rockville, MD 20852.                                                                                          true and complete copy of the petition
                                                                                                        first permitted commercial marketing or
                                                                                                                                                              has been served upon the patent
                                                FOR FURTHER INFORMATION CONTACT:                        use of the product. Thereafter, the
                                                                                                                                                              applicant. (See H. Rept. 857, part 1, 98th
                                                Beverly Friedman, Office of Regulatory                  USPTO requested that FDA determine
                                                                                                                                                              Cong., 2d sess., pp. 41–42, 1984.)
                                                Policy, Food and Drug Administration,                   the product’s regulatory review period.
                                                                                                                                                              Petitions should be in the format
                                                10903 New Hampshire Ave., Bldg. 51,                     II. Determination of Regulatory Review                specified in 21 CFR 10.30.
                                                Rm. 6250, Silver Spring, MD 20993,                      Period                                                   Submit petitions electronically to
                                                301–796–3600.                                                                                                 https://www.regulations.gov at Docket
                                                SUPPLEMENTARY INFORMATION:                                FDA has determined that the
                                                                                                                                                              Nos. FDA–2013–S–0610. Submit written
                                                                                                        applicable regulatory review period for
                                                I. Background                                                                                                 petitions (two copies are required) to the
                                                                                                        VIBERZI is 2,716 days. Of this time,
                                                                                                                                                              Dockets Management Staff (HFA–305),
                                                   The Drug Price Competition and                       2,381 days occurred during the testing
                                                                                                                                                              Food and Drug Administration, 5630
                                                Patent Term Restoration Act of 1984                     phase of the regulatory review period,
                                                                                                                                                              Fishers Lane, Rm. 1061, Rockville, MD
                                                (Pub. L. 98–417) and the Generic                        while 335 days occurred during the
                                                                                                                                                              20852.
                                                Animal Drug and Patent Term                             approval phase. These periods of time
                                                                                                        were derived from the following dates:                  Dated: January 30, 2018.
                                                Restoration Act (Pub. L. 100–670)
                                                generally provide that a patent may be                    1. The date an exemption under                      Leslie Kux,
                                                extended for a period of up to 5 years                  section 505(i) of the Federal Food, Drug,             Associate Commissioner for Policy.
                                                so long as the patented item (human                     and Cosmetic Act (the FD&C Act) (21                   [FR Doc. 2018–02187 Filed 2–2–18; 8:45 am]
                                                drug product, animal drug product,                      U.S.C. 355(i)) became effective:                      BILLING CODE 4164–01–P
                                                medical device, food additive, or color                 December 21, 2007. FDA has verified
                                                additive) was subject to regulatory                     the applicant’s claim that December 21,
                                                review by FDA before the item was                       2007, is the date the investigational new             DEPARTMENT OF HEALTH AND
                                                marketed. Under these acts, a product’s                 drug application (IND) became effective.              HUMAN SERVICES
                                                regulatory review period forms the basis                  2. The date the application was
                                                                                                        initially submitted with respect to the               Food and Drug Administration
                                                for determining the amount of extension
                                                an applicant may receive.                               human drug product under section                      [Docket No. FDA–2018–D–0388]
                                                   A regulatory review period consists of               505(b) of the FD&C Act: June 27, 2014.
                                                two periods of time: A testing phase and                The applicant claims June 26, 2014, as                Hazard Analysis and Risk-Based
                                                an approval phase. For human drug                       the date the new drug application                     Preventive Controls for Food for
                                                products, the testing phase begins when                 (NDA) for VIBERZI was initially                       Animals; Draft Guidance for Industry;
                                                the exemption to permit the clinical                    submitted. However, FDA records                       Availability; Correction
                                                investigations of the drug becomes                      indicate that NDA 206940 was
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                                                                                                                                                              AGENCY:    Food and Drug Administration,
                                                effective and runs until the approval                   submitted on July 27, 2014, which is                  HHS.
                                                phase begins. The approval phase starts                 considered to be the NDA initially                    ACTION: Notice of availability;
                                                with the initial submission of an                       submitted date.                                       correction.
                                                application to market the human drug                      3. The date the application was
                                                product and continues until FDA grants                  approved: May 27, 2015. FDA has                       SUMMARY:   The Food and Drug
                                                permission to market the drug product.                  verified the applicant’s claims that NDA              Administration is correcting a notice
                                                Although only a portion of a regulatory                 206940 was approved on May 27, 2015.                  entitled ‘‘Hazard Analysis and Risk-


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                                                                             Federal Register / Vol. 83, No. 24 / Monday, February 5, 2018 / Notices                                              5107

                                                Based Preventive Controls for Food for                  395–7285, or emailed to oira_                         bearing or containing new animal drugs
                                                Animals; Draft Guidance for Industry;                   submission@omb.eop.gov. All                           under section 512(m)(4).
                                                Availability’’ that appeared in the                     comments should be identified with the                   Section 514.80 of our regulations (21
                                                Federal Register of January 23, 2018.                   OMB control number 0910–0284. Also                    CFR 514.80) sets forth the recordkeeping
                                                The document announced the                              include the FDA docket number found                   and reporting requirements for
                                                availability of a draft guidance for                    in brackets in the heading of this                    applicants and nonapplicants of
                                                industry #245 entitled ‘‘Hazard Analysis                document.                                             approved NADAs and ANADAs. Section
                                                and Risk-Based Preventive Controls for                  FOR FURTHER INFORMATION CONTACT:    Ila               510.301 of our regulations (21 CFR
                                                Food for Animals.’’ The document was                    S. Mizrachi, Office of Operations, Food               510.301) sets forth the recordkeeping
                                                published with the incorrect docket                     and Drug Administration, Three White                  and reporting requirements for licensed
                                                number. This document corrects that                     Flint North, 10A–12M, 11601                           medicated feed manufacturing facilities.
                                                error.                                                  Landsdown St., North Bethesda, MD                        Recordkeeping and reporting
                                                FOR FURTHER INFORMATION CONTACT:      Lisa              20852, 301–796–7726, PRAStaff@                        requirements for applicants of approved
                                                Granger, Office of Policy and Planning,                 fda.hhs.gov.                                          NADAs and ANADAs. Section 514.80
                                                Food and Drug Administration, 10903                                                                           requires applicants to keep records of
                                                                                                        SUPPLEMENTARY INFORMATION:    In                      and report to us data, studies, and other
                                                New Hampshire Ave., Bldg. 32, Rm.                       compliance with 44 U.S.C. 3507, FDA
                                                3330, Silver Spring, MD 20993–0002,                                                                           information concerning experience with
                                                                                                        has submitted the following proposed                  new animal drugs for each approved
                                                301–796–9115.                                           collection of information to OMB for
                                                SUPPLEMENTARY INFORMATION: In the                                                                             NADA and ANADA. Following
                                                                                                        review and clearance.                                 complaints from animal owners or
                                                Federal Register of Tuesday, January 23,
                                                2018 (83 FR 3163), in FR Doc. 2018–                     Animal Drug Adverse Event Reporting                   veterinarians or following their own
                                                01126, on page 3163, the following                      and Recordkeeping—21 U.S.C. 360b(l),                  detection of a problem, applicants are
                                                correction is made:                                     21 CFR 510.301, and 514.80                            required to submit adverse event reports
                                                   1. On page 3163, in the first column,                                                                      and product defect reports under
                                                                                                        OMB Control Number 0910–0284—                         § 514.80(b)(1), (b)(2)(i) and (ii), (b)(3),
                                                in the header of the document, the                      Extension
                                                docket number is corrected to read                                                                            and (b)(4)(iv)(A) on Form FDA 1932.
                                                ‘‘FDA–2018–D–0388’’.                                       With regard to adverse events and                  Form FDA 1932a (the voluntary
                                                                                                        product/manufacturing defects                         reporting form) is used by veterinarians
                                                  Dated: January 30, 2018.                              associated with approved new animal                   and the general public to submit adverse
                                                Leslie Kux,                                             drugs, section 512(l) of the Federal                  event reports, product defects, and lack
                                                Associate Commissioner for Policy.                      Food, Drug, and Cosmetic Act (FD&C                    of effectiveness complaints directly to
                                                [FR Doc. 2018–02181 Filed 2–2–18; 8:45 am]              Act) (21 U.S.C. 360b(l)) requires                     FDA. Form FDA 2301 is used by
                                                BILLING CODE 4164–01–P                                  applicants with approved new animal                   applicants to submit the required
                                                                                                        drug applications (NADAs) and                         transmittal of periodic reports
                                                                                                        abbreviated new animal drug                           (§ 514.80(b)(4)); special drug experience
                                                DEPARTMENT OF HEALTH AND                                applications (ANADAs) to establish and                reports (§ 514.80(b)(5)(i)); promotional
                                                HUMAN SERVICES                                          maintain records and reports of data                  material for new animal drugs
                                                                                                        relating to experience with uses of such              (§ 514.80(b)(5)(ii)); and distributor
                                                Food and Drug Administration                            drug, or with respect to animal feeds                 statements (§ 514.80(b)(5)(iii)). We
                                                [Docket No. FDA–2017–N–2428]                            bearing or containing such drug, to                   review the records and reports required
                                                                                                        facilitate a determination under section              in § 514.80 and the voluntary reports to
                                                Agency Information Collection                           512(e) as to whether there may be                     facilitate a determination under section
                                                Activities; Submission for Office of                    grounds for suspending or withdrawing                 512(e) of the FD&C Act as to whether
                                                Management and Budget Review;                           approval of the NADA or ANADA under                   there may be grounds for suspending or
                                                Comment Request; Animal Drug                            section 512(e) or 512(m)(4). Sections                 withdrawing approval of the new
                                                Adverse Event Reporting and                             571(e)(3) and 512(e)(2) of the FD&C Act               animal drug. We have made minor
                                                Recordkeeping                                           (21 U.S.C. 360ccc(e)(3) and 360b(e)(2))               editorial revisions to Form FDA 1932a
                                                                                                        require that applicants with                          to clarify how to report adverse drug
                                                AGENCY:    Food and Drug Administration,
                                                                                                        conditionally approved new animal                     events associated with compounded
                                                HHS.
                                                                                                        drug applications (CNADAs) maintain                   products using that form. Submitters are
                                                ACTION:   Notice.                                       adequate records and make reports in                  already reporting adverse drug events
                                                SUMMARY:   The Food and Drug                            accordance with a regulation or order                 associated with compounded products
                                                Administration (FDA or we) is                           issued under section 512(l). Finally,                 on Form FDA 1932a. The clarifications
                                                announcing that a proposed collection                   section 512(m)(5) of the FD&C Act                     include: the addition of a new question,
                                                of information has been submitted to the                requires an applicant for a license to                ‘‘Is this a compounded product?’’; the
                                                Office of Management and Budget                         manufacture animal feeds bearing or                   addition of a new field to allow the
                                                (OMB) for review and clearance under                    containing new animal drugs to                        submitter to provide product strength,
                                                the Paperwork Reduction Act of 1995.                    maintain adequate records and make                    ‘‘Strength of Active Ingredient(s)’’;
                                                                                                        reports ‘‘as the Secretary may by general             modifying the title of the existing field
                                                DATES: Fax written comments on the
                                                                                                        regulation, or by order with respect to               requesting the name of manufacturer, so
                                                collection of information by March 7,                   such application, prescribe on the basis              that it reads, ‘‘Name of Manufacturer or
sradovich on DSK3GMQ082PROD with NOTICES




                                                2018.                                                   of a finding that such records and                    Compounding Pharmacy/Compounder
                                                ADDRESSES:  To ensure that comments on                  reports are necessary in order to enable              of Suspected Product’’; and a request for
                                                the information collection are received,                the Secretary to determine’’ whether                  contact information for the
                                                OMB recommends that written                             there may be grounds for suspending or                manufacturer or compounder. We
                                                comments be faxed to the Office of                      withdrawing approval of the new                       estimate that the revisions will not
                                                Information and Regulatory Affairs,                     animal drug under section 512(e) or a                 change the average amount of time
                                                OMB, Attn: FDA Desk Officer, Fax: 202–                  license to manufacture animal feeds                   necessary to complete the form.


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Document Created: 2018-02-03 01:24:42
Document Modified: 2018-02-03 01:24:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; correction.
ContactLisa Granger, Office of Policy and Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 3330, Silver Spring, MD 20993-0002, 301-796-9115.
FR Citation83 FR 5106 

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