83_FR_56304 83 FR 56086 - Tedor Pharma, Inc., et al.; Withdrawal of Approval of 10 Abbreviated New Drug Applications

83 FR 56086 - Tedor Pharma, Inc., et al.; Withdrawal of Approval of 10 Abbreviated New Drug Applications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 218 (November 9, 2018)

Page Range56086-56087
FR Document2018-24605

The Food and Drug Administration (FDA or Agency) is withdrawing approval of 10 abbreviated new drug applications (ANDAs) from multiple applicants. The applicants notified the Agency in writing that the drug products were no longer marketed and requested that the approval of the applications be withdrawn.

Federal Register, Volume 83 Issue 218 (Friday, November 9, 2018)
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56086-56087]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24605]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-4099]


Tedor Pharma, Inc., et al.; Withdrawal of Approval of 10 
Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is 
withdrawing approval of 10 abbreviated new drug applications (ANDAs) 
from multiple applicants. The applicants notified the Agency in writing 
that the drug products were no longer marketed and requested that the 
approval of the applications be withdrawn.

DATES: Approval is withdrawn as of December 10, 2018.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation 
and Research, Food and Drug Administration, 10903 New Hampshire Ave., 
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002, 240-402-7945, 
[email protected].

SUPPLEMENTARY INFORMATION: The applicants listed in the table have 
informed FDA that these drug products are no longer marketed and have 
requested that FDA withdraw approval of the applications under the 
process described in Sec.  314.150(c) (21 CFR 314.150(c)). The 
applicants have also, by their requests, waived their opportunity for a 
hearing. Withdrawal of approval of an application or abbreviated 
application under Sec.  314.150(c) is without prejudice to refiling.

[[Page 56087]]



------------------------------------------------------------------------
       Application No.                Drug                Applicant
------------------------------------------------------------------------
ANDA 040747.................  Benzphetamine         Tedor Pharma, Inc.,
                               Hydrochloride (HCl)   400 Highland
                               Tablets, 25           Corporate Dr.,
                               milligrams (mg) and   Cumberland, RI
                               50 mg.                02864.
ANDA 062356.................  Gentamicin Sulfate    Fresenius Kabi USA,
                               Injection USP,        LLC, Three
                               Equivalent to (EQ)    Corporate Dr., Lake
                               10 mg base/           Zurich, IL 60047.
                               milliliter (mL) and
                               EQ 40 mg base/mL.
ANDA 074097.................  Isoflurane USP,       Hospira, Inc., 275
                               99.9%.                North Field Dr.,
                                                     Bldg. H1, Lake
                                                     Forest, IL 60045.
ANDA 076484.................  Ciprofloxacin         Fresenius Kabi USA,
                               Injection USP, 200    LLC.
                               mg/20 mL and 400 mg/
                               40 mL.
ANDA 080504.................  Epinephrine and       Belmora LLC, 2231
                               Lidocaine HCl         Crystal Dr., #1000,
                               Injection, 0.01 mg/   Arlington, VA
                               mL; 2% and 0.02 mg/   22202.
                               mL; 2%.
                              Lidocaine HCl
                               Injection, 2%..
ANDA 083559.................  Mepivacaine HCl       Do.
                               Injection, 3%.
ANDA 084315.................  Dexamethasone         Watson Laboratories,
                               Acetate Injectable    Inc., Subsidiary of
                               Suspension USP, EQ    Teva
                               8 mg base/mL.         Pharmaceuticals
                                                     USA, Inc., 425
                                                     Privet Rd.,
                                                     Horsham, PA 19044.
ANDA 084850.................  Levonordefrin and     Belmora LLC.
                               Mepivacaine HCl
                               Injection, 2%; 0.05
                               mg/mL.
ANDA 086389.................  Lidocaine HCl         International
                               Viscous Oral          Medication Systems,
                               Topical Solution      Ltd., 1886 Santa
                               USP, 2%.              Anita Ave., South
                                                     El Monte, CA 91733.
ANDA 087863.................  Choledyl SA           Warner Chilcott Co.,
                               (oxtriphylline)       LLC, Subsidiary of
                               Extended-Release      Teva
                               Tablets USP, 400 mg.  Pharmaceuticals
                                                     USA, Inc., 425
                                                     Privet Rd.,
                                                     Horsham, PA 19044.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and 
all amendments and supplements thereto, is hereby withdrawn as of 
December 10, 2018. Introduction or delivery for introduction into 
interstate commerce of products without approved new drug applications 
violates section 301(a) and (d) of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 331(a) and (d)). Drug products that are listed in the 
table that are in inventory on December 10, 2018 may continue to be 
dispensed until the inventories have been depleted or the drug products 
have reached their expiration dates or otherwise become violative, 
whichever occurs first.

    Dated: November 6, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-24605 Filed 11-8-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               56086                        Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices

                                               CMS–R–240 Prospective Payments for                      (OMB control number: 0938–0798);                      Frequency: Hourly; Affected Public:
                                                 Hospital Outpatient Services                          Frequency: Yearly; Affected Public:                   Private Sector (Business or other for-
                                               CMS–10164 Medicare EDI Enrollment                       Private Sector (Business or other for-                profits, Not-for-Profit Institutions);
                                                 Form and EDI Registration                             profits, Not-for-Profit Institutions);                Number of Respondents: 193,268;
                                                 Under the PRA (44 U.S.C. 3501–                        Number of Respondents: 750; Total                     Number of Responses: 193,268; Total
                                               3520), federal agencies must obtain                     Annual Responses: 13,649,150; Total                   Annual Hours: 64,423. (For policy
                                               approval from the Office of Management                  Annual Hours: 680,920 (For policy                     questions regarding this collection,
                                               and Budget (OMB) for each collection of                 questions regarding this collection                   contact Matt Klischer at 410–786–7488.)
                                               information they conduct or sponsor.                    contact Emily Lipkin at 410–786–3633.)                   Dated: November 6, 2018.
                                               The term ‘‘collection of information’’ is                  2. Type of Information Collection                  William N. Parham, III,
                                               defined in 44 U.S.C. 3502(3) and 5 CFR                  Request: Reinstatement of a previously
                                                                                                                                                             Director, Paperwork Reduction Staff, Office
                                               1320.3(c) and includes agency requests                  approved collection; Title of                         of Strategic Operations and Regulatory
                                               or requirements that members of the                     Information Collection: Medicare EDI                  Affairs.
                                               public submit reports, keep records, or                 Enrollment Form and EDI Registration;                 [FR Doc. 2018–24592 Filed 11–8–18; 8:45 am]
                                               provide information to a third party.                   Use: The Congress, recognizing the need
                                                                                                                                                             BILLING CODE 4120–01–P
                                               Section 3506(c)(2)(A) of the PRA                        to simplify the administration of health
                                               requires federal agencies to publish a                  care transactions, enacted the Health
                                               60-day notice in the Federal Register                   Insurance Portability and                             DEPARTMENT OF HEALTH AND
                                               concerning each proposed collection of                  Accountability Act of 1996 (HIPAA),                   HUMAN SERVICES
                                               information, including each proposed                    Public Law 104–191, on August 21,
                                               extension or reinstatement of an existing               1996. Title II, Subtitle F of this                    Food and Drug Administration
                                               collection of information, before                       legislation directs the Secretary of the
                                               submitting the collection to OMB for                    Department of Health and Human                        [Docket No. FDA–2018–N–4099]
                                               approval. To comply with this                           Services to develop unique standards
                                                                                                       for specified electronic transactions and             Tedor Pharma, Inc., et al.; Withdrawal
                                               requirement, CMS is publishing this
                                                                                                       code sets for those transactions. The                 of Approval of 10 Abbreviated New
                                               notice.
                                                                                                       purpose of this Subtitle is to improve                Drug Applications
                                               Information Collection                                  the Medicare and Medicaid programs in                 AGENCY:   Food and Drug Administration,
                                                 1. Type of Information Collection                     particular and the efficiency and                     HHS.
                                               Request: Reinstatement of a previously                  effectiveness of the health care industry
                                                                                                                                                             ACTION:   Notice.
                                               approved collection; Title of                           in general through the establishment of
                                               Information Collection: Prospective                     standards and requirements to facilitate              SUMMARY:   The Food and Drug
                                               Payments for Hospital Outpatient                        the electronic transmission of certain                Administration (FDA or Agency) is
                                               Services; Use: Section 1833(t) of the Act,              health information. This Subtitle also                withdrawing approval of 10 abbreviated
                                               as added by section 4523 of the                         requires that the Secretary adopt                     new drug applications (ANDAs) from
                                               Balanced Budget Act of 1997 (the BBA)                   standards for financial and                           multiple applicants. The applicants
                                               requires the Secretary to establish a                   administrative transactions, and data                 notified the Agency in writing that the
                                               prospective payment system (PPS) for                    elements for those transactions to enable             drug products were no longer marketed
                                               hospital outpatient services. Successful                health information to be exchanged                    and requested that the approval of the
                                               implementation of an outpatient PPS                     electronically. The Standards for                     applications be withdrawn.
                                               requires that CMS distinguish facilities                Electronic Transactions final rule, 45
                                                                                                                                                             DATES: Approval is withdrawn as of
                                               or organizations that function as                       CFR part 162 Subpart K § 162.1101
                                                                                                       through Subpart R § 162.1802,                         December 10, 2018.
                                               departments of hospitals from those that
                                               are freestanding, so that CMS can                       (hereinafter referred to as ‘‘Transactions            FOR FURTHER INFORMATION CONTACT:
                                               determine which services should be                      Rule’’) published August 17, 2000                     Trang Tran, Center for Drug Evaluation
                                               paid under the OPPS, the clinical                       adopted standards for health care                     and Research, Food and Drug
                                               laboratory fee schedule, or other                       transactions and code sets. Subsequent                Administration, 10903 New Hampshire
                                               payment provisions applicable to                        to the Transactions Rule, CMS–0003–P                  Ave., Bldg. 75, Rm. 1671, Silver Spring,
                                               services furnished to hospital                          and CMS–0005–P proposed                               MD 20993–0002, 240–402–7945,
                                               outpatients. Information from the                       modifications to the adopted standards                Trang.Tran@fda.hhs.gov.
                                               reports required under sections                         essential to permit initial                           SUPPLEMENTARY INFORMATION: The
                                               413.65(b)(3) and (c) is needed to make                  implementation of the standards                       applicants listed in the table have
                                               these determinations. In addition,                      throughout the entire healthcare                      informed FDA that these drug products
                                               section 1866(b)(2) of the Act authorizes                industry.                                             are no longer marketed and have
                                               hospitals and other providers to impose                    Currently, Medicare contractors have               requested that FDA withdraw approval
                                               deductible and coinsurance charges for                  a process in place to enroll providers for            of the applications under the process
                                               facility services, but does not allow such              electronic billing and other EDI                      described in § 314.150(c) (21 CFR
                                               charges by facilities or organizations                  transactions. In support of the HIPAA                 314.150(c)). The applicants have also,
                                               which are not provider-based.                           Transactions Rule, the purpose of this                by their requests, waived their
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                                               Implementation of this provision                        Paperwork Reduction Act (PRA) request                 opportunity for a hearing. Withdrawal
                                               requires that CMS have information                      is to establish a common form that is                 of approval of an application or
                                               from the required reports, so it can                    sufficient to address all HIPAA                       abbreviated application under
                                               determine which facilities are provider-                transactions. Form Number: CMS–10164                  § 314.150(c) is without prejudice to
                                               based. Form Number: CMS–R–240                           (OMB control number: 0938–0983);                      refiling.




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                                                                             Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices                                                           56087

                                                       Application No.                                                Drug                                                              Applicant

                                               ANDA 040747 ......................    Benzphetamine Hydrochloride (HCl) Tablets, 25 milli-                         Tedor Pharma, Inc., 400 Highland Corporate Dr., Cum-
                                                                                       grams (mg) and 50 mg.                                                        berland, RI 02864.
                                               ANDA 062356 ......................    Gentamicin Sulfate Injection USP, Equivalent to (EQ)                         Fresenius Kabi USA, LLC, Three Corporate Dr., Lake
                                                                                       10 mg base/milliliter (mL) and EQ 40 mg base/mL.                             Zurich, IL 60047.
                                               ANDA 074097 ......................    Isoflurane USP, 99.9% ....................................................   Hospira, Inc., 275 North Field Dr., Bldg. H1, Lake For-
                                                                                                                                                                    est, IL 60045.
                                               ANDA 076484 ......................    Ciprofloxacin Injection USP, 200 mg/20 mL and 400                            Fresenius Kabi USA, LLC.
                                                                                       mg/40 mL.
                                               ANDA 080504 ......................    Epinephrine and Lidocaine HCl Injection, 0.01 mg/mL;                         Belmora LLC, 2231 Crystal Dr., #1000, Arlington, VA
                                                                                       2% and 0.02 mg/mL; 2%.                                                       22202.
                                                                                     Lidocaine HCl Injection, 2%.
                                               ANDA 083559 ......................    Mepivacaine HCl Injection, 3% .......................................        Do.
                                               ANDA 084315 ......................    Dexamethasone Acetate Injectable Suspension USP,                             Watson Laboratories, Inc., Subsidiary of Teva Pharma-
                                                                                       EQ 8 mg base/mL.                                                             ceuticals USA, Inc., 425 Privet Rd., Horsham, PA
                                                                                                                                                                    19044.
                                               ANDA 084850 ......................    Levonordefrin and Mepivacaine HCl Injection, 2%; 0.05                        Belmora LLC.
                                                                                       mg/mL.
                                               ANDA 086389 ......................    Lidocaine HCl Viscous Oral Topical Solution USP, 2%                          International Medication Systems, Ltd., 1886 Santa
                                                                                                                                                                     Anita Ave., South El Monte, CA 91733.
                                               ANDA 087863 ......................    Choledyl SA (oxtriphylline) Extended-Release Tablets                         Warner Chilcott Co., LLC, Subsidiary of Teva Pharma-
                                                                                       USP, 400 mg.                                                                  ceuticals USA, Inc., 425 Privet Rd., Horsham, PA
                                                                                                                                                                     19044.



                                                  Therefore, approval of the                                transdermal metered solution, 30                              Therapeutic Equivalence Evaluations,’’
                                               applications listed in the table, and all                    milligrams (mg)/1.5 milliliter (mL)                           which is known generally as the
                                               amendments and supplements thereto,                          actuation, was not withdrawn from sale                        ‘‘Orange Book.’’ Under FDA regulations,
                                               is hereby withdrawn as of December 10,                       for reasons of safety or effectiveness.                       drugs are removed from the list if the
                                               2018. Introduction or delivery for                           This determination means that FDA will                        Agency withdraws or suspends
                                               introduction into interstate commerce of                     not begin procedures to withdraw                              approval of the drug’s NDA or ANDA
                                               products without approved new drug                           approval of abbreviated new drug                              for reasons of safety or effectiveness or
                                               applications violates section 301(a) and                     applications (ANDAs) that refer to this                       if FDA determines that the listed drug
                                               (d) of the Federal Food, Drug, and                           drug product, and it will allow FDA to                        was withdrawn from sale for reasons of
                                               Cosmetic Act (21 U.S.C. 331(a) and (d)).                     continue to approve ANDAs that refer to                       safety or effectiveness (21 CFR 314.162).
                                               Drug products that are listed in the table                   the product if they meet relevant legal                          A person may petition the Agency to
                                               that are in inventory on December 10,                        and regulatory requirements.                                  determine, or the Agency may
                                               2018 may continue to be dispensed                            FOR FURTHER INFORMATION CONTACT:                              determine on its own initiative, whether
                                               until the inventories have been depleted                     Stacy Kane, Center for Drug Evaluation                        a listed drug was withdrawn from sale
                                               or the drug products have reached their                      and Research, Food and Drug                                   for reasons of safety or effectiveness.
                                               expiration dates or otherwise become                         Administration, 10903 New Hampshire                           This determination may be made at any
                                               violative, whichever occurs first.                           Ave., Bldg. 51, Rm. 6236, Silver Spring,                      time after the drug has been withdrawn
                                                 Dated: November 6, 2018.                                   MD 20993–0002, 301–796–8363.                                  from sale, but must be made prior to
                                               Leslie Kux,                                                  SUPPLEMENTARY INFORMATION: In 1984,                           approving an ANDA that refers to the
                                                                                                            Congress enacted the Drug Price                               listed drug (§ 314.161 (21 CFR 314.161)).
                                               Associate Commissioner for Policy.
                                                                                                            Competition and Patent Term                                   FDA may not approve an ANDA that
                                               [FR Doc. 2018–24605 Filed 11–8–18; 8:45 am]
                                                                                                            Restoration Act of 1984 (Pub. L. 98–417)                      does not refer to a listed drug.
                                               BILLING CODE 4164–01–P
                                                                                                            (the 1984 amendments), which                                     AXIRON (testosterone) transdermal
                                                                                                            authorized the approval of duplicate                          metered solution, 30 mg/1.5 mL
                                                                                                            versions of drug products under an                            actuation, is the subject of NDA 022504,
                                               DEPARTMENT OF HEALTH AND
                                                                                                            ANDA procedure. ANDA applicants                               held by Eli Lilly and Company and
                                               HUMAN SERVICES
                                                                                                            must, with certain exceptions, show that                      initially approved on November 23,
                                               Food and Drug Administration                                 the drug for which they are seeking                           2010. AXIRON is indicated for
                                                                                                            approval contains the same active                             replacement therapy in males for
                                               [Docket No. FDA–2018–P–2506]                                 ingredient in the same strength and                           conditions associated with a deficiency
                                                                                                            dosage form as the ‘‘listed drug,’’ which                     or absence of endogenous testosterone.
                                               Determination That AXIRON
                                                                                                            is a version of the drug that was                                In a letter dated September 5, 2017,
                                               (Testosterone) Transdermal Metered
                                                                                                            previously approved. ANDA applicants                          Eli Lilly and Company requested
                                               Solution, 30 Milligrams/1.5 Milliliter
                                                                                                            do not have to repeat the extensive                           withdrawal of NDA 022504 for AXIRON
                                               Actuation, Was Not Withdrawn From
                                                                                                            clinical testing otherwise necessary to                       (testosterone). Eli Lilly and Company
                                               Sale for Reasons of Safety or
                                                                                                            gain approval of a new drug application                       later submitted a letter dated September
                                               Effectiveness
                                                                                                                                                                          7, 2017 correcting a typographical error
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                                                                                                            (NDA).
                                               AGENCY:    Food and Drug Administration,                        The 1984 amendments include what                           in the September 5, 2017 letter. In the
                                               HHS.                                                         is now section 505(j)(7) of the Federal                       Federal Register of June 21, 2018 (83 FR
                                               ACTION:   Notice.                                            Food, Drug, and Cosmetic Act (21 U.S.C.                       28856), FDA announced that it was
                                                                                                            355(j)(7)), which requires FDA to                             withdrawing approval of NDA 022504,
                                               SUMMARY: The Food and Drug                                   publish a list of all approved drugs.                         effective July 23, 2018.
                                               Administration (FDA or Agency) has                           FDA publishes this list as part of the                           K&L Gates LLP submitted a citizen
                                               determined that AXIRON (testosterone)                        ‘‘Approved Drug Products With                                 petition received by FDA on June 27,


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Document Created: 2018-11-09 03:33:55
Document Modified: 2018-11-09 03:33:55
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.
DatesApproval is withdrawn as of December 10, 2018.
ContactTrang Tran, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002, 240-402-7945, [email protected]
FR Citation83 FR 56086 

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