83_FR_63895 83 FR 63658 - The Tobacco Products Scientific Advisory Committee; Notice of Meeting

83 FR 63658 - The Tobacco Products Scientific Advisory Committee; Notice of Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 237 (December 11, 2018)

Page Range63658-63659
FR Document2018-26721

The Food and Drug Administration (FDA) announces a forthcoming public advisory committee meeting of the Tobacco Products Scientific Advisory Committee (the Committee). The general function of the Committee is to provide advice and recommendations to the Agency on FDA's regulatory issues. The meeting will be open to the public.

Federal Register, Volume 83 Issue 237 (Tuesday, December 11, 2018)
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63658-63659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26721]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-4162]


The Tobacco Products Scientific Advisory Committee; Notice of 
Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming 
public advisory committee meeting of the Tobacco Products Scientific 
Advisory Committee (the Committee). The general function of the 
Committee is to provide advice and recommendations to the Agency on 
FDA's regulatory issues. The meeting will be open to the public.

DATES: The meeting will be held on February 6, 2019, from 8:30 a.m. to 
5 p.m. and on February 7, 2019 from 8 a.m. to 1 p.m.

ADDRESSES: FDA White Oak Conference Center, Bldg. 31, Rm. 1503 (the 
Great Room), 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. 
Answers to commonly asked questions including information regarding 
special accommodations due to a disability, visitor parking, and 
transportation may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.

[[Page 63659]]


FOR FURTHER INFORMATION CONTACT: Caryn Cohen, Office of Science, Center 
for Tobacco Products, Food and Drug Administration, Document Control 
Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 
20993-0002, 1-877-287-1373, email: [email protected], or FDA Advisory 
Committee Information Line, 1-800-741-8138 (301-443-0572 in the 
Washington, DC area). A notice in the Federal Register about last 
minute modifications that impact a previously announced advisory 
committee meeting cannot always be published quickly enough to provide 
timely notice. Therefore, you should always check the Agency's website 
at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down 
to the appropriate advisory committee meeting link, or call the 
advisory committee information line to learn about possible 
modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION: 
    Agenda: On February 6-7, 2019, the Committee will convene for two 
sessions. The first session will convene on February 6, 2019, during 
which the Committee will discuss an amendment to the modified risk 
tobacco product applications (MRTPAs), submitted by Swedish Match North 
America for the following snus smokeless tobacco products:
     MR0000020: General Loose;
     MR0000021: General Dry Mint Portion Original Mini;
     MR0000022: General Portion Original Large;
     MR0000024: General Classic Blend Portion White Large-12ct;
     MR0000025: General Mint Portion White Large;
     MR0000027: General Nordic Mint Portion White Large-12ct;
     MR0000028: General Portion White Large; and
     MR0000029: General Wintergreen Portion White Large.
    The second session will convene, after the first session has 
concluded, on February 6, 2019, and continue on February 7, 2019. 
During the second session the Committee will discuss the MRTPA, 
submitted by Altria Client Services LLC on behalf of U.S. Smokeless 
Tobacco Company LLC for the following smokeless tobacco product:
     MR0000108: Copenhagen Snuff Fine Cut.
    FDA intends to make background material available to the public no 
later than 2 business days before the meeting. If FDA is unable to post 
the background material on its website prior to the meeting, the 
background material will be made publicly available at the location of 
the advisory committee meeting, and the background material will be 
posted on FDA's website after the meeting. Background material is 
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting 
link.
    Procedure: Interested persons may present data, information, or 
views, orally or in writing, on issues pending before the Committee. 
Written submissions may be made to the contact person on or before 
January 22, 2019. Oral presentations from the public for the first 
session will be scheduled between approximately 10 a.m. and 10:30 a.m. 
on February 6, 2019, and for the second session between approximately 8 
a.m. and 8:30 a.m. on February 7, 2019. Those individuals interested in 
making formal oral presentations should notify the contact person and 
submit a brief statement describing the general nature of the evidence 
or arguments they wish to present, the names and email addresses of 
proposed participants, and the session during which they would like to 
speak, on or before January 14, 2019. Time allotted for each 
presentation may be limited. If the number of registrants requesting to 
speak is greater than can be reasonably accommodated during the 
scheduled open public hearing session, FDA may conduct a lottery to 
determine the speakers for the scheduled open public hearing session. 
The contact person will notify interested persons regarding their 
request to speak by January 15, 2019.
    Persons attending FDA's advisory committee meetings are advised 
that the Agency is not responsible for providing access to electrical 
outlets.
    FDA welcomes the attendance of the public at its advisory committee 
meetings and will make every effort to accommodate persons with 
disabilities. If you require accommodations due to a disability, please 
contact Caryn Cohen (see: FOR FURTHER INFORMATION CONTACT) at least 7 
days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee 
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures 
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory 
Committee Act (5 U.S.C. app. 2).

    Dated: December 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26721 Filed 12-10-18; 8:45 am]
 BILLING CODE 4164-01-P



                                              63658                      Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices

                                              request a hearing constitutes a waiver of               application. The proposal was based on                money penalties (section 307(a)(7) of the
                                              his right to a hearing concerning this                  a finding under section 306(b)(2)(B)(i)(I)            FD&C Act). In addition, FDA will not
                                              action.                                                 of the FD&C Act that Dr. Fishman was                  accept or review any abbreviated new
                                              DATES: This order is applicable                         convicted of a misdemeanor under                      drug applications submitted by or with
                                              December 11, 2018.                                      Federal law for conduct relating to the               the assistance of Dr. Fishman during his
                                                                                                      regulation of drug products under the                 period of debarment (section
                                              ADDRESSES: Submit applications for
                                                                                                      FD&C Act, and that the type of conduct                306(c)(1)(B) of the FD&C Act).
                                              termination of debarment to the Dockets
                                                                                                      that served as the basis for the                        Any application by Dr. Fishman for
                                              Management Staff (HFA–305), Food and
                                                                                                      conviction undermines the process for                 termination of debarment under section
                                              Drug Administration, 5630 Fishers
                                                                                                      the regulation of drugs.                              306(d)(1) of the FD&C Act should be
                                              Lane, Rm. 1061, Rockville, MD 20852.                       The proposal offered Dr. Fishman an                identified with Docket No. FDA–2018–
                                              FOR FURTHER INFORMATION CONTACT:                        opportunity to request a hearing,                     N–1994 and sent to the Dockets
                                              Kenny Shade, Division of Enforcement,                   providing him 30 days from the date of                Management Staff (see ADDRESSES). All
                                              Food and Drug Administration, 12420                     receipt of the letter in which to file the            such submissions are to be filed in four
                                              Parklawn Dr., Rockville, MD 20857,                      request, and advised him that failure to              copies. The public availability of
                                              301–796–4640.                                           request a hearing constituted a waiver of             information in these submissions is
                                              SUPPLEMENTARY INFORMATION:                              the opportunity for a hearing and of any              governed by 21 CFR 10.20(j).
                                              I. Background                                           contentions concerning this action. Dr.                 Publicly available submissions will be
                                                                                                      Fishman received the proposal on                      placed in the docket and will be
                                                 Section 306(b)(2)(B)(i)(I) of the FD&C               August 2, 2018. Dr. Fishman did not                   viewable at https://www.regulations.gov
                                              Act (21 U.S.C. 335a(b)(2)(B)(i)(I))                     request a hearing within the timeframe                or at the Dockets Management Staff (see
                                              permits debarment of an individual if                   prescribed by regulation and has,                     ADDRESSES) between 9 a.m. and 4 p.m.,
                                              FDA finds that the individual has been                  therefore, waived his opportunity for a               Monday through Friday.
                                              convicted of a misdemeanor under                        hearing and has waived any contentions
                                              Federal law for conduct relating to the                                                                         Dated: December 4, 2018.
                                                                                                      concerning his debarment (21 CFR part
                                              regulation of drug products under the                   12).                                                  Leslie Kux,
                                              FD&C Act, and if FDA finds that the                                                                           Associate Commissioner for Policy.
                                              type of conduct that served as the basis                II. Findings and Order                                [FR Doc. 2018–26722 Filed 12–10–18; 8:45 am]
                                              for the conviction undermines the                          Therefore, the Director, Office of                 BILLING CODE 4164–01–P
                                              process for the regulation of drugs.                    Enforcement and Import Operations,
                                                 On November 19, 2013, in the United                  Office of Regulatory Affairs, under
                                              States District Court for the Northern                  section 306(b)(2)(B)(i)(I) of the FD&C                DEPARTMENT OF HEALTH AND
                                              District of Ohio, judgment was entered                  Act, under authority delegated to the                 HUMAN SERVICES
                                              against Dr. Fishman after he entered a                  Director (Staff Manual Guide 1410.35),
                                              plea of guilty to one count of                          finds that Dr. David J. Fishman has been              Food and Drug Administration
                                              misbranding, in violation of section                    convicted of a misdemeanor under                      [Docket No. FDA–2018–N–4162]
                                              301(a) of the FD&C Act (21 U.S.C.                       Federal law for conduct relating to the
                                              331(a)), which is a misdemeanor offense                 regulation of drug products under the                 The Tobacco Products Scientific
                                              under section 303(a)(1) of the FD&C Act                 FD&C Act, and that the type of conduct                Advisory Committee; Notice of Meeting
                                              (21 U.S.C. 333(a)(1)).                                  that served as the basis for the
                                                 FDA’s finding that debarment is                      conviction undermines the process for                 AGENCY:    Food and Drug Administration,
                                              appropriate is based on the                             the regulation of drugs.                              HHS.
                                              misdemeanor conviction referenced                          As a result of the foregoing findings              ACTION:   Notice.
                                              herein. The factual basis for this                      and in consideration of the factors
                                              conviction is as follows: Between                       described in section 306(c)(3) of the                 SUMMARY:   The Food and Drug
                                              January 10, 2006, and March 12, 2009,                   FD&C Act, Dr. David J. Fishman is                     Administration (FDA) announces a
                                              Dr. Fishman was a physician                             debarred for 3 years from providing                   forthcoming public advisory committee
                                              (oncologist) in Ohio. During this time,                 services in any capacity to a person with             meeting of the Tobacco Products
                                              Dr. Fishman purchased and received                      an approved or pending drug product                   Scientific Advisory Committee (the
                                              oncology drugs, including TAXOTERE                      application under sections 505, 512, or               Committee). The general function of the
                                              (docetaxel) and NOVANTRONE                              802 of the FD&C Act (21 U.S.C. 355,                   Committee is to provide advice and
                                              (mitoxantrone), from a drug distributor                 360b, or 382), or under section 351 of                recommendations to the Agency on
                                              located in Canada. These new drugs                      the Public Health Service Act (42 U.S.C.              FDA’s regulatory issues. The meeting
                                              originated outside the United States and                262), effective (see DATES) (see sections             will be open to the public.
                                              were not approved by FDA for                            306(c)(1)(B), (c)(3), and 201(dd) (21                 DATES: The meeting will be held on
                                              introduction or delivery for introduction               U.S.C. 321(dd)) of the FD&C Act). Any                 February 6, 2019, from 8:30 a.m. to 5
                                              into interstate commerce in the United                  person with an approved or pending                    p.m. and on February 7, 2019 from 8
                                              States. Thus, Dr. Fishman caused the                    drug product application who                          a.m. to 1 p.m.
                                              introduction or delivery for introduction               knowingly employs or retains as a                     ADDRESSES: FDA White Oak Conference
                                              into interstate commerce of prescription                consultant or contractor, or otherwise                Center, Bldg. 31, Rm. 1503 (the Great
                                              drugs that were misbranded for lacking                  uses the services of Dr. Fishman in any               Room), 10903 New Hampshire Ave.,
                                              adequate directions for use in their                    capacity during his debarment, will be                Silver Spring, MD 20993–0002. Answers
amozie on DSK3GDR082PROD with NOTICES1




                                              labeling.                                               subject to civil money penalties (section             to commonly asked questions including
                                                 As a result of this conviction, on July              307(a)(6) of the FD&C Act (21 U.S.C.                  information regarding special
                                              27, 2018, FDA sent Dr. Fishman a notice                 335b(a)(6)). If Dr. Fishman provides                  accommodations due to a disability,
                                              by certified mail proposing to debar him                services in any capacity to a person with             visitor parking, and transportation may
                                              for 3 years from providing services in                  an approved or pending drug product                   be accessed at: https://www.fda.gov/
                                              any capacity to a person that has an                    application during his period of                      AdvisoryCommittees/AboutAdvisory
                                              approved or pending drug product                        debarment, he will be subject to civil                Committees/ucm408555.htm.


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                                                                         Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices                                                63659

                                              FOR FURTHER INFORMATION CONTACT:                        meeting, the background material will                   Dated: December 4, 2018.
                                              Caryn Cohen, Office of Science, Center                  be made publicly available at the                     Leslie Kux,
                                              for Tobacco Products, Food and Drug                     location of the advisory committee                    Associate Commissioner for Policy.
                                              Administration, Document Control                        meeting, and the background material                  [FR Doc. 2018–26721 Filed 12–10–18; 8:45 am]
                                              Center, Bldg. 71, Rm. G335, 10903 New                   will be posted on FDA’s website after                 BILLING CODE 4164–01–P
                                              Hampshire Ave., Silver Spring, MD                       the meeting. Background material is
                                              20993–0002, 1–877–287–1373, email:                      available at https://www.fda.gov/
                                              TPSAC@fda.hhs.gov, or FDA Advisory                      AdvisoryCommittees/Calendar/                          DEPARTMENT OF HEALTH AND
                                              Committee Information Line, 1–800–                      default.htm. Scroll down to the                       HUMAN SERVICES
                                              741–8138 (301–443–0572 in the                           appropriate advisory committee meeting
                                              Washington, DC area). A notice in the                   link.                                                 Health Resources and Services
                                              Federal Register about last minute                         Procedure: Interested persons may                  Administration
                                              modifications that impact a previously                  present data, information, or views,
                                              announced advisory committee meeting                    orally or in writing, on issues pending               National Vaccine Injury Compensation
                                              cannot always be published quickly                                                                            Program; List of Petitions Received
                                                                                                      before the Committee. Written
                                              enough to provide timely notice.                        submissions may be made to the contact                AGENCY: Health Resources and Services
                                              Therefore, you should always check the                  person on or before January 22, 2019.                 Administration (HRSA), Department of
                                              Agency’s website at https://                            Oral presentations from the public for                Health and Human Services (HHS).
                                              www.fda.gov/AdvisoryCommittees/                         the first session will be scheduled                   ACTION: Notice.
                                              default.htm and scroll down to the                      between approximately 10 a.m. and
                                              appropriate advisory committee meeting                  10:30 a.m. on February 6, 2019, and for               SUMMARY:    HRSA is publishing this
                                              link, or call the advisory committee                    the second session between                            notice of petitions received under the
                                              information line to learn about possible                approximately 8 a.m. and 8:30 a.m. on                 National Vaccine Injury Compensation
                                              modifications before coming to the                      February 7, 2019. Those individuals                   Program (the Program), as required by
                                              meeting.                                                interested in making formal oral                      the Public Health Service (PHS) Act, as
                                                                                                      presentations should notify the contact               amended. While the Secretary of HHS is
                                              SUPPLEMENTARY INFORMATION:
                                                                                                      person and submit a brief statement                   named as the respondent in all
                                                 Agenda: On February 6–7, 2019, the                                                                         proceedings brought by the filing of
                                              Committee will convene for two                          describing the general nature of the
                                                                                                      evidence or arguments they wish to                    petitions for compensation under the
                                              sessions. The first session will convene                                                                      Program, the United States Court of
                                              on February 6, 2019, during which the                   present, the names and email addresses
                                                                                                      of proposed participants, and the                     Federal Claims is charged by statute
                                              Committee will discuss an amendment                                                                           with responsibility for considering and
                                              to the modified risk tobacco product                    session during which they would like to
                                                                                                      speak, on or before January 14, 2019.                 acting upon the petitions.
                                              applications (MRTPAs), submitted by
                                                                                                      Time allotted for each presentation may               FOR FURTHER INFORMATION CONTACT: For
                                              Swedish Match North America for the
                                                                                                      be limited. If the number of registrants              information about requirements for
                                              following snus smokeless tobacco
                                                                                                      requesting to speak is greater than can               filing petitions, and the Program in
                                              products:
                                                                                                      be reasonably accommodated during the                 general, contact Lisa L. Reyes, Clerk of
                                                 • MR0000020: General Loose;
                                                 • MR0000021: General Dry Mint                        scheduled open public hearing session,                Court, United States Court of Federal
                                              Portion Original Mini;                                  FDA may conduct a lottery to determine                Claims, 717 Madison Place NW,
                                                 • MR0000022: General Portion                         the speakers for the scheduled open                   Washington, DC 20005, (202) 357–6400.
                                              Original Large;                                         public hearing session. The contact                   For information on HRSA’s role in the
                                                 • MR0000024: General Classic Blend                   person will notify interested persons                 Program, contact the Director, National
                                              Portion White Large-12ct;                               regarding their request to speak by                   Vaccine Injury Compensation Program,
                                                 • MR0000025: General Mint Portion                    January 15, 2019.                                     5600 Fishers Lane, Room 08N146B,
                                              White Large;                                               Persons attending FDA’s advisory                   Rockville, MD 20857; (301) 443–6593,
                                                 • MR0000027: General Nordic Mint                     committee meetings are advised that the               or visit our website at: http://
                                              Portion White Large-12ct;                               Agency is not responsible for providing               www.hrsa.gov/vaccinecompensation/
                                                 • MR0000028: General Portion White                   access to electrical outlets.                         index.html.
                                              Large; and                                                 FDA welcomes the attendance of the                 SUPPLEMENTARY INFORMATION: The
                                                 • MR0000029: General Wintergreen                     public at its advisory committee                      Program provides a system of no-fault
                                              Portion White Large.                                    meetings and will make every effort to                compensation for certain individuals
                                                 The second session will convene,                     accommodate persons with disabilities.                who have been injured by specified
                                              after the first session has concluded, on               If you require accommodations due to a                childhood vaccines. Subtitle 2 of Title
                                              February 6, 2019, and continue on                       disability, please contact Caryn Cohen                XXI of the PHS Act, 42 U.S.C. 300aa–
                                              February 7, 2019. During the second                     (see: FOR FURTHER INFORMATION CONTACT)                10 et seq., provides that those seeking
                                              session the Committee will discuss the                  at least 7 days in advance of the                     compensation are to file a petition with
                                              MRTPA, submitted by Altria Client                       meeting.                                              the U.S. Court of Federal Claims and to
                                              Services LLC on behalf of U.S.                             FDA is committed to the orderly                    serve a copy of the petition on the
                                              Smokeless Tobacco Company LLC for                       conduct of its advisory committee                     Secretary of HHS, who is named as the
                                              the following smokeless tobacco                         meetings. Please visit our website at                 respondent in each proceeding. The
                                              product:                                                https://www.fda.gov/                                  Secretary has delegated this
amozie on DSK3GDR082PROD with NOTICES1




                                                 • MR0000108: Copenhagen Snuff                        AdvisoryCommittees/AboutAdvisory                      responsibility under the Program to
                                              Fine Cut.                                               Committees/ucm111462.htm for                          HRSA. The Court is directed by statute
                                                 FDA intends to make background                       procedures on public conduct during                   to appoint special masters who take
                                              material available to the public no later               advisory committee meetings.                          evidence, conduct hearings as
                                              than 2 business days before the meeting.                   Notice of this meeting is given under              appropriate, and make initial decisions
                                              If FDA is unable to post the background                 the Federal Advisory Committee Act (5                 as to eligibility for, and amount of,
                                              material on its website prior to the                    U.S.C. app. 2).                                       compensation.


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Document Created: 2018-12-11 01:06:32
Document Modified: 2018-12-11 01:06:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe meeting will be held on February 6, 2019, from 8:30 a.m. to 5 p.m. and on February 7, 2019 from 8 a.m. to 1 p.m.
ContactCaryn Cohen, Office of Science, Center for Tobacco Products, Food and Drug Administration, Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 1-877-287-1373, email: [email protected], or FDA Advisory Committee Information Line, 1-800-741-8138 (301-443-0572 in the Washington, DC area). A notice in the Federal Register about last minute modifications that impact a previously announced advisory committee meeting cannot always be published quickly enough to provide timely notice. Therefore, you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate advisory committee meeting link, or call the advisory committee information line to learn about possible modifications before coming to the meeting.
FR Citation83 FR 63658 

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