An Evaluation of the Prescription Drug User Fee Act Workload Adjuster; Request for Comments, 26374-26375 [2013-10626]

Download as PDF 26374 Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices 400B, Rockville, MD 20850, 301–796– 5156, daniel.gittleson@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, FDA invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA’s functions, including whether the information will have practical utility; (2) the accuracy of FDA’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Electronic Submission Process for Voluntary Complaints to the Center for Devices and Radiological Health— (OMB Control Number 0910–NEW) This ICR collects information voluntarily submitted to the Center for Devices and Radiological Health (CDRH) on actual or potential health risk concerns about a medical device or radiological product or its use. Because there has been no established guidelines or instructions on how to submit a compliant to CDRH, complaints often contain minimal information and are received via phone calls, emails, or conversationally from any CDRH staff. CDRH seeks to establish a consistent format and process for the submission of device complaints that will enhance our timeliness in receiving, assessing and evaluating voluntary complaints. The information provided in the complaints received by CDRH may be used to clarify the recurrence or emergence of significant device-related risks to the general public and the need to initiate educational outreach or regulatory action to minimize or mitigate identified risks. FDA estimates the burden of this collection of information as follows: TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN1 Number of respondents 1 Total annual responses Average burden per response Total hours 1 700 .25 (15 minutes) 125 There are no capital costs or operating and maintenance costs associated with this collection of information. Dated: April 30, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–10597 Filed 5–3–13; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2013–N–0418] An Evaluation of the Prescription Drug User Fee Act Workload Adjuster; Request for Comments AGENCY: Food and Drug Administration, HHS. ACTION: Notice; request for comments. The Food and Drug Administration (FDA) is announcing an opportunity for public comment on an assessment of the Prescription Drug User Fee Act (PDUFA) Workload Adjuster conducted by an independent consulting firm. This assessment was conducted to fulfill FDA performance commitments made as part of the fifth authorization of PDUFA in section XV, SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES Number of responses per respondent 700 Activity VerDate Mar<15>2010 17:53 May 03, 2013 Jkt 229001 ‘‘Improving FDA Performance Management,’’ subsection B, which was reauthorized by the Food and Drug Administration Safety and Innovation Act (FDASIA) of 2012. The assessment will be conducted by an independent consultant in two phases. This is the first assessment of two during PDUFA V to evaluate whether the adjustment reasonably represents actual changes in workload volume and complexity in the human drug review program and present options to discontinue, retain, or modify any elements of the adjustment. After review of the report and receipt of public comment, FDA can adopt appropriate change to the workload adjustment methodology, if warranted. DATES: Submit electronic or written comments by June 5, 2013. ADDRESSES: Submit electronic comments to https:// www.regulations.gov. Submit written comments to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number found in brackets in the heading of this document. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Giles Mills, Office of Planning, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 3288, Silver Spring, MD 20993–0002, 301– 796–4707, Giles.Mills@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background On July 9, 2012, the President signed into law FDASIA. This new law includes the reauthorization of PDUFA that provides FDA with the necessary resources to maintain a predictable and efficient review process for human drug and biologic products. Title I of FDASIA is the fifth authorization of PDUFA and includes by reference the performance goals and procedures for PDUFA V transmitted by the Secretary of Health and Human Services to Congress in a commitment letter. FDA developed recommendations for PDUFA V in consultation with drug industry representatives, patient and consumer advocates, healthcare professionals, and other public stakeholders from July 2010 through May 2011. These recommendations included an FDA commitment to contract with an independent E:\FR\FM\06MYN1.SGM 06MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 87 / Monday, May 6, 2013 / Notices accounting firm to review the adequacy of the PDUFA adjustment for changes in workload (hereafter referred to as the workload adjuster). The workload adjuster was introduced in PDUFA III to allow for FDA to augment the total user fee revenue amount each fiscal year (after adjusting for inflation) to account for changes in workload volume in the human drug application review process. Workload volume is measured by the changes in the number of new drug applications and biologics license applications (NDAs/BLAs), active commercial investigational new drugs (INDs), efficacy supplements, and manufacturing supplements submitted to the human drug review program during the most recent 5-year period. In PDUFA IV, the workload adjuster was expanded to account for the workload complexity (known as the adjustment for changes in review activities) associated with the review of NDAs/BLAs and active commercial INDs. The NDA/BLA complexity is measured by changes in the number of labeling supplements, annual report reviews, and NDA/BLA meetings per NDA/BLA. IND complexity is measured by changes in the number of special protocol assessments and IND meetings per active commercial IND. As part of the PDUFA IV recommendations, FDA committed to an evaluation of the adjustment for changes in review activities by an independent accounting firm. The study, conducted by Deloitte & Touche, LLP, found that the adjustment methodology used by FDA reasonably captures changes in the workload complexity for reviewing human drug applications under PDUFA IV. While the FY 2009 evaluation concluded that the adjustment methodology was reasonable at that point in time, the complexity of new drug applications and FDA’s regulatory responsibilities are constantly evolving. Moreover, the complexity component of the PDUFA IV workload adjuster was formulated before the enactment of the Food and Drug Administration Amendments Act (FDAAA). Thus, the workload adjuster does not account for new and significant review activities required by FDAAA, such as risk evaluation and mitigation strategies, safety labeling changes, advisory committee meetings, and post-market safety requirements, among others. Given the dynamic nature of drug products and FDA’s regulatory responsibilities, FDA committed to periodic reassessments of the workload adjuster in PDUFA V to ensure that it is achieving its intended role of adjusting the user fee revenues to reflect actual VerDate Mar<15>2010 17:06 May 03, 2013 Jkt 229001 changes in FDA’s workload volume and complexity. The PDUFA V commitment letter instructs FDA to contract with an independent accounting or consulting firm to conduct two assessments of the workload adjuster. This first assessment (to examine the performance of the workload adjuster since FY 2009) was just completed. The independent accounting or consulting firm is required to submit reports based on their assessments. The reports will evaluate whether the workload adjuster reasonably represents actual changes in workload volume and complexity and will present recommendations to discontinue, retain, or modify any elements of the adjustment. After review of the reports and receipt of public comments, FDA, if warranted, may implement appropriate changes to the methodology. If FDA adopts changes to the methodology based on the first report, the changes are effective the fiscal year after FDA adopts the changes and each subsequent fiscal year. FDA is seeking public comment now on the first assessment of the PDUFA Workload Adjuster, available at https:// www.fda.gov/ForIndustry/UserFees/ PrescriptionDrugUserFee. II. Comments Interested persons may submit either electronic comments regarding the Analysis to https://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. Dated: April 30, 2013. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2013–10626 Filed 5–3–13; 8:45 am] BILLING CODE 4160–01–P PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 26375 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2013–N–0001] Food and Drug Administration/ International Society for Pharmaceutical Engineering CoSponsorship Educational Workshop: Redefining the ‘C’ in CGMP (Current Good Manufacturing Practices): Creating, Implementing, and Sustaining a Culture of Quality AGENCY: Food and Drug Administration, HHS. ACTION: Notice of public conference. The Food and Drug Administration (FDA), in co-sponsorship with the International Society of Pharmaceutical Engineering (ISPE), is announcing a conference entitled ‘‘Redefining the ‘C’ in CGMP: Creating, Implementing and Sustaining a Culture of Quality’’ Pharmaceutical Quality System (ICH Q10) Conference. The conference will span 3 days and is dedicated to teaching the principles of CGMP, reaping the benefits that come from establishing and maintaining a state of control, implementing continual improvement, enhancing regulatory compliance, and meeting quality objectives every day. The conference will take place in Baltimore, MD, and will draw on the best industry and regulator contributors on this topic. Date and Time: The conference will be held on June 11, 2013, from 8:30 a.m. to 5 p.m.; June 12, 2013, from 8 a.m. to 5 p.m.; and June 13, 2013, from 8 a.m. to 4:30 p.m. Location: The event will be held at the Renaissance Baltimore Harborplace Hotel, 202 East Pratt St., Baltimore, MD 21201, 1–800–535–1201. Contact Person: Nancy Berg, President, International Society for Pharmaceutical Engineering, 600 North Westshore Blvd., suite 900, Tampa, FL 33609, Web site: https://www.ISPE.org/ CGMP. Conference attendees are responsible for their own accommodations. Registration: You are encouraged to register at your earliest convenience. The ISPE registration fees cover the cost of facilities, materials, and breaks. Seats are limited; please submit your registration as soon as possible. Conference space will be filled in order of receipt of registration. Those accepted to the conference will receive confirmation. Registration will close after available conference space is filled. Onsite registration will be available on a space available basis on the day of the E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26374-26375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10626]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0418]


An Evaluation of the Prescription Drug User Fee Act Workload 
Adjuster; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on an assessment of the Prescription 
Drug User Fee Act (PDUFA) Workload Adjuster conducted by an independent 
consulting firm. This assessment was conducted to fulfill FDA 
performance commitments made as part of the fifth authorization of 
PDUFA in section XV, ``Improving FDA Performance Management,'' 
subsection B, which was reauthorized by the Food and Drug 
Administration Safety and Innovation Act (FDASIA) of 2012. The 
assessment will be conducted by an independent consultant in two 
phases. This is the first assessment of two during PDUFA V to evaluate 
whether the adjustment reasonably represents actual changes in workload 
volume and complexity in the human drug review program and present 
options to discontinue, retain, or modify any elements of the 
adjustment. After review of the report and receipt of public comment, 
FDA can adopt appropriate change to the workload adjustment 
methodology, if warranted.

DATES: Submit electronic or written comments by June 5, 2013.

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

FOR FURTHER INFORMATION CONTACT: Giles Mills, Office of Planning, Food 
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, rm. 3288, 
Silver Spring, MD 20993-0002, 301-796-4707, Giles.Mills@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 9, 2012, the President signed into law FDASIA. This new law 
includes the reauthorization of PDUFA that provides FDA with the 
necessary resources to maintain a predictable and efficient review 
process for human drug and biologic products.
    Title I of FDASIA is the fifth authorization of PDUFA and includes 
by reference the performance goals and procedures for PDUFA V 
transmitted by the Secretary of Health and Human Services to Congress 
in a commitment letter. FDA developed recommendations for PDUFA V in 
consultation with drug industry representatives, patient and consumer 
advocates, healthcare professionals, and other public stakeholders from 
July 2010 through May 2011. These recommendations included an FDA 
commitment to contract with an independent

[[Page 26375]]

accounting firm to review the adequacy of the PDUFA adjustment for 
changes in workload (hereafter referred to as the workload adjuster).
    The workload adjuster was introduced in PDUFA III to allow for FDA 
to augment the total user fee revenue amount each fiscal year (after 
adjusting for inflation) to account for changes in workload volume in 
the human drug application review process. Workload volume is measured 
by the changes in the number of new drug applications and biologics 
license applications (NDAs/BLAs), active commercial investigational new 
drugs (INDs), efficacy supplements, and manufacturing supplements 
submitted to the human drug review program during the most recent 5-
year period.
    In PDUFA IV, the workload adjuster was expanded to account for the 
workload complexity (known as the adjustment for changes in review 
activities) associated with the review of NDAs/BLAs and active 
commercial INDs. The NDA/BLA complexity is measured by changes in the 
number of labeling supplements, annual report reviews, and NDA/BLA 
meetings per NDA/BLA. IND complexity is measured by changes in the 
number of special protocol assessments and IND meetings per active 
commercial IND.
    As part of the PDUFA IV recommendations, FDA committed to an 
evaluation of the adjustment for changes in review activities by an 
independent accounting firm. The study, conducted by Deloitte & Touche, 
LLP, found that the adjustment methodology used by FDA reasonably 
captures changes in the workload complexity for reviewing human drug 
applications under PDUFA IV. While the FY 2009 evaluation concluded 
that the adjustment methodology was reasonable at that point in time, 
the complexity of new drug applications and FDA's regulatory 
responsibilities are constantly evolving. Moreover, the complexity 
component of the PDUFA IV workload adjuster was formulated before the 
enactment of the Food and Drug Administration Amendments Act (FDAAA). 
Thus, the workload adjuster does not account for new and significant 
review activities required by FDAAA, such as risk evaluation and 
mitigation strategies, safety labeling changes, advisory committee 
meetings, and post-market safety requirements, among others.
    Given the dynamic nature of drug products and FDA's regulatory 
responsibilities, FDA committed to periodic reassessments of the 
workload adjuster in PDUFA V to ensure that it is achieving its 
intended role of adjusting the user fee revenues to reflect actual 
changes in FDA's workload volume and complexity.
    The PDUFA V commitment letter instructs FDA to contract with an 
independent accounting or consulting firm to conduct two assessments of 
the workload adjuster. This first assessment (to examine the 
performance of the workload adjuster since FY 2009) was just completed. 
The independent accounting or consulting firm is required to submit 
reports based on their assessments. The reports will evaluate whether 
the workload adjuster reasonably represents actual changes in workload 
volume and complexity and will present recommendations to discontinue, 
retain, or modify any elements of the adjustment. After review of the 
reports and receipt of public comments, FDA, if warranted, may 
implement appropriate changes to the methodology. If FDA adopts changes 
to the methodology based on the first report, the changes are effective 
the fiscal year after FDA adopts the changes and each subsequent fiscal 
year.
    FDA is seeking public comment now on the first assessment of the 
PDUFA Workload Adjuster, available at https://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee.

II. Comments

    Interested persons may submit either electronic comments regarding 
the Analysis to https://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It is only necessary to 
send one set of comments. Identify comments with the docket number 
found in brackets in the heading of this document. Received comments 
may be seen in the Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday, and will be posted to the docket at https://www.regulations.gov.

    Dated: April 30, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-10626 Filed 5-3-13; 8:45 am]
BILLING CODE 4160-01-P
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