Animal Drug User Fee Rates and Payment Procedures for Fiscal Year 2016, 45993-45998 [2015-18913]
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[FR Doc. 2015–18904 Filed 7–31–15; 8:45 am]
BILLING CODE 4120–01–P
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45993
of the Social Security Act (42 U.S.C.
653(j)(10)), which allows the Secretary
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ANNUAL BURDEN ESTIMATES
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respondents
(SNAP
agencies)
Number of
responses per
respondent
Average
burden hours
per response
Total burden
hours
SNAP Agency Matching Program Performance Reporting Tool .....................
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Instrument
52
1
1.625
84
Estimated Total Annual Burden
Hours: 84.
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[FR Doc. 2015–18952 Filed 7–31–15; 8:45 am]
BILLING CODE 4184–01–P
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2015–N–0007]
Animal Drug User Fee Rates and
Payment Procedures for Fiscal Year
2016
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
rates and payment procedures for fiscal
year (FY) 2016 animal drug user fees.
The Federal Food, Drug, and Cosmetic
Act (the FD&C Act), as amended by the
Animal Drug User Fee Amendments of
2013 (ADUFA III), authorizes FDA to
collect user fees for certain animal drug
applications and supplements, for
certain animal drug products, for certain
establishments where such products are
made, and for certain sponsors of such
animal drug applications and/or
investigational animal drug
submissions. This notice establishes the
fee rates for FY 2016.
FOR FURTHER INFORMATION CONTACT: Visit
FDA’s Web site at https://www.fda.gov/
ForIndustry/UserFees/
AnimalDrugUserFeeActADUFA/
default.htm or contact Lisa Kable,
SUMMARY:
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Center for Veterinary Medicine (HFV–
10), Food and Drug Administration,
7519 Standish Pl., Rockville, MD 20855,
240–402–6888. For general questions,
you may also email the Center for
Veterinary Medicine (CVM) at:
cvmadufa@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 740 of the FD&C Act (21
U.S.C. 379j–12) establishes four
different types of user fees: (1) Fees for
certain types of animal drug
applications and supplements; (2)
annual fees for certain animal drug
products; (3) annual fees for certain
establishments where such products are
made; and (4) annual fees for certain
sponsors of animal drug applications
and/or investigational animal drug
submissions (21 U.S.C. 379j–12(a)).
When certain conditions are met, FDA
will waive or reduce fees (21 U.S.C.
379j–12(d)).
For FY 2014 through FY 2018, the
FD&C Act establishes aggregate yearly
base revenue amounts for each fiscal
year (21 U.S.C. 379j–12(b)(1)). Base
revenue amounts established for years
after FY 2014 are subject to adjustment
for inflation and workload (21 U.S.C.
379j–12(c)). Fees for applications,
establishments, products, and sponsors
are to be established each year by FDA
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so that the percentages of the total
revenue that are derived from each type
of user fee will be as follows: Revenue
from application fees shall be 20 percent
of total fee revenue; revenue from
product fees shall be 27 percent of total
fee revenue; revenue from establishment
fees shall be 26 percent of total fee
revenue; and revenue from sponsor fees
shall be 27 percent of total fee revenue
(21 U.S.C. 379j–12(b)(2)).
For FY 2016, the animal drug user fee
rates are: $351,100 for an animal drug
application; $175,550 for a
supplemental animal drug application
for which safety or effectiveness data are
required and for an animal drug
application subject to the criteria set
forth in section 512(d)(4) of the FD&C
Act (21 U.S.C. 360b(d)(4)); $7,790 for an
annual product fee; $105,950 for an
annual establishment fee; and $101,000
for an annual sponsor fee. FDA will
issue invoices for FY 2016 product,
establishment, and sponsor fees by
December 31, 2015, and payment will
be due by January 31, 2016. The
application fee rates are effective for
applications submitted on or after
October 1, 2015, and will remain in
effect through September 30, 2016.
Applications will not be accepted for
review until FDA has received full
payment of application fees and any
other animal drug user fees owed under
ADUFA.
II. Revenue Amount for FY 2016
A. Statutory Fee Revenue Amounts
ADUFA III (Title I of Pub. L. 113–14)
specifies that the aggregate fee revenue
amount for FY 2016 for all animal drug
user fee categories is $21,600,000. (21
U.S.C. 379j–12(b)(1)(B).)
B. Inflation Adjustment to Fee Revenue
Amount
The fee revenue amount established
in ADUFA III for FY 2015 and
subsequent fiscal years are subject to an
inflation adjustment (21 U.S.C. 379j–
12(c)(2)).
The component of the inflation
adjustment for payroll costs shall be one
plus the average annual percent change
in the cost of all personnel
compensation and benefits (PC&B) paid
per full-time equivalent position (FTE)
at FDA for the first three of the four
preceding fiscal years, multiplied by the
proportion of PC&B costs to total FDA
costs for the first three of the four
preceding fiscal years (see 21 U.S.C.
379j–12(c)(2)(A) and (B)). The data on
total PC&B paid and numbers of FTE
paid, from which the average cost per
FTE can be derived, are published in
FDA’s Justification of Estimates for
Appropriations Committees.
Table 1 summarizes that actual cost
and FTE data for the specified fiscal
years, and provides the percent change
from the previous fiscal year and the
average percent change over the first
three of the four fiscal years preceding
FY 2016. The 3-year average is 2.2328
percent.
TABLE 1—FDA PERSONNEL COMPENSATION AND BENEFITS (PC&B) EACH YEAR AND PERCENT CHANGE
Fiscal year
2012
Total PC&B ..............................................................................
Total FTE .................................................................................
PC&B per FTE .........................................................................
Percent Change from Previous Year ......................................
The statute specifies that this 2.2328
percent should be multiplied by the
$1,824,703,000
13,382
$136,355
3.1843%
2013
2014
$1,927,703,000
13,974
$137,949
1.169%
proportion of PC&B costs to total FDA
costs. Table 2 shows the amount of
$2,054,937,000
14,555
$141,184
2.3451%
3-Year average
2.2328%
PC&B and the total amount obligated by
FDA for the same 3 FYs.
TABLE 2—PC&B AS A PERCENT OF TOTAL COSTS AT FDA
Fiscal year
2012
Total PC&B ..............................................................................
Total Costs ...............................................................................
PC&B Percent ..........................................................................
The payroll adjustment is 2.2328
percent multiplied by 48.5449 percent
(or 1.0839 percent).
The statute specifies that the portion
of the inflation adjustment for nonpayroll costs for FY 2016 is the average
annual percent change that occurred in
$1,824,703,000
$3,550,496,000
51.3929%
2013
2014
$1,927,703,000
$4,151,343,000
46.4356%
$2,054,937,000
$4,298,476,000
47.8062%
3-Year average
48.5449%
costs other than PC&B costs to total FDA
costs (see 21 U.S.C. 379j–12(c)(2)(C)).
Table 3 provides the summary data for
the percent change in the specified CPI
for the Baltimore-Washington area. The
data from the Bureau of Labor Statistics
is shown in table 3.
the Consumer Price Index (CPI) for
urban consumers (Washington–
Baltimore, DC–MD–VA–WV; not
seasonally adjusted; all items less food
and energy; annual index) for the first
3 of the preceding 4 years of available
data multiplied by the proportion of all
TABLE 3—ANNUAL AND 3-YEAR AVERAGE PERCENT CHANGE IN BALTIMORE-WASHINGTON AREA CPI LESS FOOD AND
ENERGY
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Year
2012
Annual CPI ...............................................................................
Annual Percent Change ..........................................................
To calculate the inflation adjustment
for non-pay costs, we multiply the
1.9982 percent by the proportion of all
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2013
144.413
2.4475%
146.953
1.7588%
costs other than PC&B to total FDA
costs. Since 48.5449 percent was
obligated for PC&B as shown in table 2,
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2014
149.581
1.7883%
3-Year average
1.9982%
51.4551 percent is the portion of costs
other than PC&B (100 percent minus
48.5449 percent equals 51.4551
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percent). The non-payroll adjustment is
1.9982 percent times 51.4551 percent, or
1.0282 percent.
Next, we add the payroll component
(1.0839 percent) to the non-pay
component (1.0282 percent), for a total
inflation adjustment of 2.1121 percent
for FY 2016.
ADUFA III provides for the inflation
adjustment to be compounded each
fiscal year after FY 2014 (see 21 U.S.C.
379j–12(c)(2)). The factor for FY 2016
(2.1121 percent) is compounded by
adding 1 and then multiplying by 1 plus
the inflation adjustment factor for FY
2015 (2.0201 percent), as published in
the Federal Register of August 1, 2014
(79 FR 44787 to 44792), which equals
1.041749 (rounded) (1.021121 times
1.020201) for FY 2016. We then
multiply the base revenue amount for
FY 2016 ($21,600,000) by 1.041749,
yielding an inflation adjusted amount of
$22,501,778.
C. Workload Adjustment to Inflation
Adjusted Fee Revenue Amount
A workload adjustment will be
calculated to the inflation adjusted fee
revenue amount established in ADUFA
III for FY 2015 and subsequent fiscal
years (21 U.S.C. 379j–12(c)(3)).
FDA calculated the average number of
each of the five types of applications
and submissions specified in the
workload adjustment provision (animal
drug applications, supplemental animal
drug applications for which data with
respect to safety or efficacy are required,
manufacturing supplemental animal
drug applications, investigational
animal drug study submissions, and
investigational animal drug protocol
submissions) received over the 5-year
period that ended on September 30,
2013 (the base years), and the average
number of each of these types of
applications and submissions over the
45995
most recent 5-year period that ended
June 30, 2015.
The results of these calculations are
presented in the first two columns of
table 4. Column 3 reflects the percent
change in workload over the two 5-year
periods. Column 4 shows the weighting
factor for each type of application,
reflecting how much of the total FDA
animal drug review workload was
accounted for by each type of
application or submission in the table
during the most recent 5 years. Column
5 is the weighted percent change in each
category of workload, and was derived
by multiplying the weighting factor in
each line in column 4 by the percent
change from the base years in column 3.
At the bottom right of table 4 the sum
of the values in column 5 is added,
reflecting a total change in workload of
1.4066 percent for FY 2016. This is the
workload adjuster for FY 2016.
TABLE 4—WORKLOAD ADJUSTER CALCULATION
[numbers may not add due to rounding]
Column 1
5-year average
(base years)
Application type
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New Animal Drug Applications (NADAs)
Supplemental NADAs with Safety or Efficacy Data .........................................
Manufacturing Supplements ..................
Investigational Study Submissions ........
Investigational Protocol Submissions ....
FY 2016 Workload Adjuster ...................
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Column 3
percent change
Column 4
weighting factor
Column 5
weighted %
change
9.80
11.6
18.4%
0.0215
0.3945%
9.6
361.0
216.4
133.6
..............................
12.8
345.8
210.8
149.4
..............................
33.3%
¥4.2%
¥2.6%
11.8%
..............................
0.0352
0.1437
0.6254
0.1742
..............................
1.1749%
¥0.6049%
¥1.6184%
2.0605%
1.4066%
Over the last several years FDA has
seen an increase in the number of
animal drug sponsors requesting
meetings to discuss new animal drug
product development. These meeting
requests come from both existing animal
drug sponsors as well as sponsors new
to the animal drug market. These factors
have contributed to an increase in the
number of protocol submissions and
New Animal Drug Applications
(NADAs) submitted for many novel drug
classes and novel indications for both
food-producing animals and companion
animals. Additionally, FDA has seen an
increase in the number of animal drug
sponsors pursuing multiple changes to
their existing NADAs (e.g., new
indications, new species, changes in
dosage). For this reason we are seeing an
increase in the number of supplemental
NADAs with safety or effectiveness
data. As a result, the statutory revenue
amount after the inflation adjustment
($22,501,778) must now be increased by
1.4066 percent to reflect the changes in
review workload (workload adjustment),
for a total fee revenue target of
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Column 2
latest 5-year
average
$22,818,000 (rounded to the nearest
thousand dollars).
A. Application Fee Revenues and
Numbers of Fee-Paying Applications
D. FY 2016 Fee Revenue Amounts
The application fee must be paid for
any animal drug application or
supplemental animal drug application
that is subject to fees under ADUFA and
that is submitted on or after September
1, 2003. The application fees are to be
set so that they will generate $4,564,000
in fee revenue for FY 2016, after
workload adjustment ($4,500,000 times
1.014066, rounded to the nearest
thousand dollars). The fee for a
supplemental animal drug application
for which safety or effectiveness data are
required and for an animal drug
application subject to criteria set forth
in section 512(d)(4) of the FD&C Act is
to be set at 50 percent of the animal
drug application fee (21 U.S.C. 379j–
12(a)(1)(A)(ii)).
To set animal drug application fees
and supplemental animal drug
application fees to realize $4,564,000
FDA must first make some assumptions
about the number of fee-paying
applications and supplements the
Agency will receive in FY 2016.
ADUFA III specifies that the revenue
amount of $22,818,000 for FY 2016 is to
be divided as follows: 20 percent, or a
total of $4,564,000 (rounded to the
nearest thousand dollars), is to come
from application fees; 27 percent, or a
total of $6,161,000 (rounded to the
nearest thousand dollars), is to come
from product fees; 26 percent, or a total
of $5,932,000 (rounded to the nearest
thousand dollars), is to come from
establishment fees; and 27 percent, or a
total of $6,161,000 (rounded to the
nearest thousand dollars), is to come
from sponsor fees (21 U.S.C. 379j–
12(b)).
III. Application Fee Calculations for FY
2016
The terms ‘‘animal drug application’’
and ‘‘supplemental animal drug
application’’ are defined in section 739
of the FD&C Act (21 U.S.C. 379j–11(1)
and (2)).
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The Agency knows the number of
applications that have been submitted
in previous years. That number
fluctuates from year to year. In
estimating the fee revenue to be
generated by animal drug application
fees in FY 2016, FDA is assuming that
the number of applications that will pay
fees in FY 2016 will equal the average
number of submissions over the 5 most
recent completed years of ADUFA (FY
2010 to FY 2014). FDA believes that this
is a reasonable approach after 11
completed years of experience with this
program.
Over the 5 most recent completed
years, the average number of animal
drug applications that would have been
subject to the full fee was 6.8. Over this
same period, the average number of
supplemental applications and
applications subject to the criteria set
forth in section 512(d)(4) of the FD&C
Act that would have been subject to half
of the full fee was 12.4.
B. Application Fee Rates for FY 2016
FDA must set the fee rates for FY 2016
so that the estimated 6.8 applications
that pay the full fee and the estimated
12.4 supplemental applications and
applications subject to the criteria set
forth in section 512(d)(4) of the FD&C
Act that pay half of the full fee will
generate a total of $4,564,000. To
generate this amount, the fee for an
animal drug application, rounded to the
nearest $100, will have to be $351,100,
and the fee for a supplemental animal
drug application for which safety or
effectiveness data are required and for
applications subject to the criteria set
forth in section 512(d)(4) of the FD&C
Act will have to be $175,550.
IV. Product Fee Calculations for FY
2016
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A. Product Fee Revenues and Numbers
of Fee-Paying Products
The animal drug product fee (also
referred to as the product fee) must be
paid annually by the person named as
the applicant in a new animal drug
application or supplemental new animal
drug application for an animal drug
product submitted for listing under
section 510 of the FD&C Act (21 U.S.C.
360), and who had an animal drug
application or supplemental animal
drug application pending at FDA after
September 1, 2003. (See 21 U.S.C. 379j–
12(a)(2).) The term ‘‘animal drug
product’’ means each specific strength
or potency of a particular active
ingredient or ingredients in final dosage
form marketed by a particular
manufacturer or distributor, which is
uniquely identified by the labeler code
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and product code portions of the
national drug code, and for which an
animal drug application or a
supplemental animal drug application
has been approved (21 U.S.C. 379j–
11(3)). The product fees are to be set so
that they will generate $6,161,000 in fee
revenue for FY 2016, after workload
adjustment ($6,076,000 times 1.014066,
rounded to the nearest thousand
dollars).
To set animal drug product fees to
realize $6,161,000, FDA must make
some assumptions about the number of
products for which these fees will be
paid in FY 2016. FDA developed data
on all animal drug products that have
been submitted for listing under section
510 of the FD&C Act and matched this
to the list of all persons who had an
animal drug application or supplement
pending after September 1, 2003. As of
June 2015, FDA estimates that there are
a total of 815 products submitted for
listing by persons who had an animal
drug application or supplemental
animal drug application pending after
September 1, 2003. Based on this, FDA
estimates that a total of 815 products
will be subject to this fee in FY 2016.
In estimating the fee revenue to be
generated by animal drug product fees
in FY 2016, FDA is assuming that 3
percent of the products invoiced, or 24,
will not pay fees in FY 2016 due to fee
waivers and reductions. FDA has
reduced the estimate of the percentage
of products that will not pay fees from
4 percent to 3 percent this year, based
on historical data over the past 5
completed years of the ADUFA
program. Based on experience over the
first 11 completed years of ADUFA,
FDA believes that this is a reasonable
basis for estimating the number of feepaying products in FY 2016.
Accordingly, the Agency estimates
that a total of 791 (815 minus 24)
products will be subject to product fees
in FY 2016.
B. Product Fee Rates for FY 2016
FDA must set the fee rates for FY 2016
so that the estimated 791 products that
pay fees will generate a total of
$6,161,000. To generate this amount
will require the fee for an animal drug
product, rounded to the nearest $5, to be
$7,790.
V. Establishment Fee Calculations for
FY 2016
A. Establishment Fee Revenues and
Numbers of Fee-Paying Establishments
The animal drug establishment fee
(also referred to as the establishment
fee) must be paid annually by the
person who: (1) Owns or operates,
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Sfmt 4703
directly or through an affiliate, an
animal drug establishment; (2) is named
as the applicant in an animal drug
application or supplemental animal
drug application for an animal drug
product submitted for listing under
section 510 of the FD&C Act; (3) had an
animal drug application or
supplemental animal drug application
pending at FDA after September 1, 2003;
and (4) whose establishment engaged in
the manufacture of the animal drug
product during the fiscal year. (See 21
U.S.C. 379j–12(a)(3).) An establishment
subject to animal drug establishment
fees is assessed only one such fee per
fiscal year. (See 21 U.S.C. 379j–12(a)(3).)
The term ‘‘animal drug establishment’’
is defined in 21 U.S.C. 379j–11(4). The
establishment fees are to be set so that
they will generate $5,932,000 in fee
revenue for FY 2016, after workload
adjustment ($5,850,000 times 1.014066,
rounded to the nearest thousand
dollars).
To set animal drug establishment fees
to realize $5,932,000, FDA must make
some assumptions about the number of
establishments for which these fees will
be paid in FY 2016. FDA developed data
on all animal drug establishments and
matched this to the list of all persons
who had an animal drug application or
supplement pending after September 1,
2003. As of June 2015, FDA estimates
that there are a total of 64
establishments owned or operated by
persons who had an animal drug
application or supplemental animal
drug application pending after
September 1, 2003. Based on this, FDA
believes that 64 establishments will be
subject to this fee in FY 2016.
In estimating the fee revenue to be
generated by animal drug establishment
fees in FY 2016, FDA is assuming that
12 percent of the establishments
invoiced, or 8, will not pay fees in FY
2016 due to fee waivers and reductions.
FDA has kept this estimate at 12 percent
this year, based on historical data over
the past 5 completed years. Based on
experience over the past 11 completed
years of ADUFA, FDA believes that this
is a reasonable basis for estimating the
number of fee-paying establishments in
FY 2016.
Accordingly, the Agency estimates
that a total of 56 establishments (64
minus 8) will be subject to
establishment fees in FY 2016.
B. Establishment Fee Rates for FY 2016
FDA must set the fee rates for FY 2016
so that the estimated 56 establishments
that pay fees will generate a total of
$5,932,000. To generate this amount
will require the fee for an animal drug
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establishment, rounded to the nearest
$50, to be $105,950.
VI. Sponsor Fee Calculations for FY
2016
A. Sponsor Fee Revenues and Numbers
of Fee-Paying Sponsors
The animal drug sponsor fee (also
referred to as the sponsor fee) must be
paid annually by each person who: (1)
Is named as the applicant in an animal
drug application, except for an
approved application for which all
subject products have been removed
from listing under section 510 of the
FD&C Act, or has submitted an
investigational animal drug submission
that has not been terminated or
otherwise rendered inactive and (2) had
an animal drug application,
supplemental animal drug application,
or investigational animal drug
submission pending at FDA after
September 1, 2003. (See 21 U.S.C. 379j–
11(6) and 379j–12(a)(4).) An animal
drug sponsor is subject to only one such
fee each fiscal year. (See 21 U.S.C. 379j–
12(a)(4).) The sponsor fees are to be set
so that they will generate $6,161,000 in
fee revenue for FY 2016, after workload
adjustment ($6,076,000 times 1.014066,
rounded to the nearest thousand
dollars).
To set animal drug sponsor fees to
realize $6,161,000, FDA must make
some assumptions about the number of
sponsors who will pay these fees in FY
2016. Based on the number of firms that
would have met this definition in each
of the past 11 completed years of
ADUFA, FDA estimates that a total of
173 sponsors will meet this definition in
FY 2016.
Careful review indicates that 33
percent of these sponsors will qualify
for minor use/minor species waiver or
reduction (21 U.S.C. 379j–12(d)(1)(D)).
Based on the Agency’s experience to
date with sponsor fees, FDA’s current
best estimate is that an additional 32
percent will qualify for other waivers or
reductions, for a total of 65 percent of
the sponsors invoiced, or 112, who will
not pay fees in FY 2016 due to fee
waivers and reductions. FDA has kept
this estimate at 65 percent this year,
based on historical data over the past 5
completed years of ADUFA. FDA
believes that this is a reasonable basis
for estimating the number of fee-paying
sponsors in FY 2016.
Accordingly, the Agency estimates
that a total of 61 sponsors (173 minus
112) will be subject to and pay sponsor
fees in FY 2016.
B. Sponsor Fee Rates for FY 2016
FDA must set the fee rates for FY 2016
so that the estimated 61 sponsors that
pay fees will generate a total of
$6,161,000. To generate this amount
will require the fee for an animal drug
sponsor, rounded to the nearest $50, to
be $101,000.
VII. Fee Schedule for FY 2016
The fee rates for FY 2016 are
summarized in table 5.
TABLE 5—FY 2016 FEE RATES
Fee rate for
FY 2016
Animal drug user fee category
Animal Drug Application Fees:
Animal Drug Application ...............................................................................................................................................................
Supplemental Animal Drug Application for which Safety or Effectiveness Data are Required or Animal Drug Application
Subject to the Criteria Set Forth in Section 512(d)(4) of the FD&C Act ..................................................................................
Animal Drug Product Fee ....................................................................................................................................................................
Animal Drug Establishment Fee 1 ........................................................................................................................................................
Animal Drug Sponsor Fee 2 .................................................................................................................................................................
1 An
2 An
175,550
7,790
105,950
101,000
animal drug establishment is subject to only one such fee each fiscal year.
animal drug sponsor is subject to only one such fee each fiscal year.
VIII. Procedures for Paying the FY 2016
Fees
A. Application Fees and Payment
Instructions
mstockstill on DSK4VPTVN1PROD with NOTICES
$351,100
The appropriate application fee
established in the new fee schedule
must be paid for an animal drug
application or supplement subject to
fees under ADUFA that is submitted on
or after October 1, 2015. Payment must
be made in U.S. currency by check,
bank draft, or U.S. postal money order
payable to the order of the Food and
Drug Administration, by wire transfer,
or electronically using Pay.gov. (The
Pay.gov payment option is available to
you after you submit a cover sheet. Click
the ‘‘Pay Now’’ button.) On your check,
bank draft, or U.S. postal money order,
please write your application’s unique
Payment Identification Number (PIN),
beginning with the letters AD, from the
upper right-hand corner of your
completed Animal Drug User Fee Cover
Sheet. Also write the FDA post office
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box number (P.O. Box 979033) on the
enclosed check, bank draft, or money
order. Your payment and a copy of the
completed Animal Drug User Fee Cover
Sheet can be mailed to: Food and Drug
Administration, P.O. Box 979033, St.
Louis, MO 63197–9000.
If payment is made by wire transfer,
send payment to: U.S. Department of
Treasury, TREAS NYC, 33 Liberty St.,
New York, NY 10045, FDA Deposit
Account Number: 75060099, U.S.
Department of Treasury routing/transit
number: 021030004, SWIFT Number:
FRNYUS33, Beneficiary: FDA, 8455
Colesville Rd., Silver Spring, MD
20993–0002. You are responsible for
any administrative costs associated with
the processing of a wire transfer.
Contact your bank or financial
institution about the fee and add it to
your payment to ensure that your fee is
fully paid.
If you prefer to send a check by a
courier, the courier may deliver the
check and printed copy of the cover
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sheet to: U.S. Bank, Attn: Government
Lockbox 979033, 1005 Convention
Plaza, St. Louis, MO 63101. (Note: This
address is for courier delivery only. If
you have any questions concerning
courier delivery contact the U.S. Bank at
314–418–4013. This telephone number
is only for questions about courier
delivery.)
The tax identification number of FDA
is 53–0196965. (Note: In no case should
the payment for the fee be submitted to
FDA with the application.)
It is helpful if the fee arrives at the
bank at least a day or two before the
application arrives at FDA’s CVM. FDA
records the official application receipt
date as the later of the following: The
date the application was received by
FDA’s CVM, or the date U.S. Bank
notifies FDA that your payment in the
full amount has been received, or when
the U.S. Treasury notifies FDA of
receipt of an electronic or wire transfer
payment. U.S. Bank and the U.S.
Treasury are required to notify FDA
E:\FR\FM\03AUN1.SGM
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45998
Federal Register / Vol. 80, No. 148 / Monday, August 3, 2015 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
B. Application Cover Sheet Procedures
Food and Drug Administration
Step One—Create a user account and
password. Log on to the ADUFA Web
site at https://www.fda.gov/ForIndustry/
UserFees/
AnimalDrugUserFeeActADUFA/
default.htm and, under Tools and
Resources, click ‘‘The Animal Drug User
Fee Cover Sheet’’ and then click ‘‘Create
ADUFA User Fee Cover Sheet.’’ For
security reasons, each firm submitting
an application will be assigned an
organization identification number, and
each user will also be required to set up
a user account and password the first
time you use this site. Online
instructions will walk you through this
process.
Step Two—Create an Animal Drug
User Cover Sheet, transmit it to FDA,
and print a copy. After logging into your
account with your user name and
password, complete the steps required
to create an Animal Drug User Fee
Cover Sheet. One cover sheet is needed
for each animal drug application or
supplement. Once you are satisfied that
the data on the cover sheet is accurate
and you have finalized the cover sheet,
you will be able to transmit it
electronically to FDA and you will be
able to print a copy of your cover sheet
showing your unique PIN.
Step Three—Send the payment for
your application as described in section
VIII.A.
Step Four—Please submit your
application and a copy of the completed
Animal Drug User Fee Cover Sheet to
the following address: Food and Drug
Administration, Center for Veterinary
Medicine, Document Control Unit
(HFV–199), 7500 Standish Pl.,
Rockville, MD 20855.
[Docket No. FDA–2015–N–0001]
C. Product, Establishment, and Sponsor
Fees
mstockstill on DSK4VPTVN1PROD with NOTICES
within 1 working day, using the PIN
described previously.
Jacqueline Brooks-Leighton, Food and
Drug Administration, Center for Drug
Evaluation and Research, 10903 New
Hampshire Ave., Bldg. 21, Rm. 4521,
Silver Spring, MD 20993, 240–402–
5292, FAX: 301–796–9907,
jacqueline.brooks-leighton@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
By December 31, 2015, FDA will issue
invoices and payment instructions for
product, establishment, and sponsor
fees for FY 2016 using this fee schedule.
Payment will be due by January 31,
2016. FDA will issue invoices in
November 2016 for any products,
establishments, and sponsors subject to
fees for FY 2016 that qualify for fees
after the December 2015 billing.
Dated: July 28, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015–18913 Filed 7–31–15; 8:45 am]
BILLING CODE 4164–01–P
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Sixth Annual Coalition Against Major
Diseases/Food and Drug
Administration Scientific Workshop;
Public Workshop
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of public workshop.
The Food and Drug
Administration (FDA) is announcing the
sixth annual scientific workshop cosponsored by the Agency and the
Coalition Against Major Diseases
(CAMD) Consortium of the Critical Path
Institute (C-Path). The purpose of this
public workshop is to initiate
constructive discussion among
scientists from FDA, the CAMD
Consortium, and other interested parties
regarding ongoing efforts to develop
tools and methods to facilitate drug
development for Alzheimer’s disease
and Parkinson’s disease.
DATES: The public scientific workshop
will be held on October 15, 2015, from
8 a.m. to 5 p.m.
ADDRESSES: The public workshop will
be held at the FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm.
1503A), Silver Spring, MD 20993–0002.
Entrance for the public scientific
workshop participants (non-FDA
employees) is through Building 1, where
routine security check procedures will
be performed. For parking and security
information, please refer to https://
www.fda.gov/AboutFDA/
WorkingatFDA/BuildingsandFacilities/
WhiteOakCampusInformation/
ucm241740.htm.
SUMMARY:
community, patient advocacy groups,
and governmental institutions;
including, the National Institute of
Aging, the National Institute of
Neurological Disorders and Stroke, and
the European Medicines Agency.
The objectives of the workshop
include:
1. Understanding the accomplishments
of CAMD scientific projects
2. Discussing how these tools are
currently or will be applied in drug
development
3. Obtaining commitment for sharing
information/data to begin
quantifying benefits of these tools
4. Facilitating robust and open
discussion among all parties of drug
development in Alzheimer’s and
Parkinson’s diseases
I. Background
II. Attendance and Registration
The FDA Conference Center at the
White Oak location is a Federal facility
with security procedures and limited
seating. Individuals who wish to
participate in the scientific workshop
(in person or via the Internet) must
register on or before October 1, 2015, by
visiting https://www.SignUp4.net/
public/ap.aspx?EID=SIXT10E.
Early registration is recommended;
registration is free and will be on a firstcome, first-served basis. However, FDA
may limit the number of participants
from each organization based on space
limitations. Onsite registration on the
day of the scientific workshop will be
based on space availability. The
registration deadline is October 14,
2015. An agenda will be provided
approximately 2 weeks before the
scientific workshop at the FDA Meeting
Information page, which is available
online at: https://www.fda.gov/Drugs/
NewsEvents/ucm410863.htm.
If you need special accommodations
because of a disability, please contact
Jacqueline Brooks-Leighton (see FOR
FURTHER INFORMATION CONTACT) at least 7
days before the scientific workshop.
A live webcast of this scientific
workshop will be viewable at Adobe
Connect Link: https://
collaboration.fda.gov/camd101515/ on
the day of the scientific workshop. A
video record of the scientific workshop
will be available at the same Web
address for 1 year.
FDA and C-Path seek to leverage their
combined strengths to create new tools
and methods to increase the efficiency
of the drug development process and
bring new treatments for Alzheimer’s
disease and Parkinson’s disease. This
annual public workshop brings together
representatives from the pharmaceutical
industry, the academic research
III. Transcripts
Please be advised that as soon as a
transcript is available, it will be
accessible at https://
www.regulations.gov. It may be viewed
at the Division of Dockets Management
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852. A transcript
FOR FURTHER INFORMATION CONTACT:
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Agencies
[Federal Register Volume 80, Number 148 (Monday, August 3, 2015)]
[Notices]
[Pages 45993-45998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18913]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2015-N-0007]
Animal Drug User Fee Rates and Payment Procedures for Fiscal Year
2016
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the rates
and payment procedures for fiscal year (FY) 2016 animal drug user fees.
The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by
the Animal Drug User Fee Amendments of 2013 (ADUFA III), authorizes FDA
to collect user fees for certain animal drug applications and
supplements, for certain animal drug products, for certain
establishments where such products are made, and for certain sponsors
of such animal drug applications and/or investigational animal drug
submissions. This notice establishes the fee rates for FY 2016.
FOR FURTHER INFORMATION CONTACT: Visit FDA's Web site at https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm
or contact Lisa Kable, Center for Veterinary Medicine (HFV-10), Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-
402-6888. For general questions, you may also email the Center for
Veterinary Medicine (CVM) at: cvmadufa@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 740 of the FD&C Act (21 U.S.C. 379j-12) establishes four
different types of user fees: (1) Fees for certain types of animal drug
applications and supplements; (2) annual fees for certain animal drug
products; (3) annual fees for certain establishments where such
products are made; and (4) annual fees for certain sponsors of animal
drug applications and/or investigational animal drug submissions (21
U.S.C. 379j-12(a)). When certain conditions are met, FDA will waive or
reduce fees (21 U.S.C. 379j-12(d)).
For FY 2014 through FY 2018, the FD&C Act establishes aggregate
yearly base revenue amounts for each fiscal year (21 U.S.C. 379j-
12(b)(1)). Base revenue amounts established for years after FY 2014 are
subject to adjustment for inflation and workload (21 U.S.C. 379j-
12(c)). Fees for applications, establishments, products, and sponsors
are to be established each year by FDA
[[Page 45994]]
so that the percentages of the total revenue that are derived from each
type of user fee will be as follows: Revenue from application fees
shall be 20 percent of total fee revenue; revenue from product fees
shall be 27 percent of total fee revenue; revenue from establishment
fees shall be 26 percent of total fee revenue; and revenue from sponsor
fees shall be 27 percent of total fee revenue (21 U.S.C. 379j-
12(b)(2)).
For FY 2016, the animal drug user fee rates are: $351,100 for an
animal drug application; $175,550 for a supplemental animal drug
application for which safety or effectiveness data are required and for
an animal drug application subject to the criteria set forth in section
512(d)(4) of the FD&C Act (21 U.S.C. 360b(d)(4)); $7,790 for an annual
product fee; $105,950 for an annual establishment fee; and $101,000 for
an annual sponsor fee. FDA will issue invoices for FY 2016 product,
establishment, and sponsor fees by December 31, 2015, and payment will
be due by January 31, 2016. The application fee rates are effective for
applications submitted on or after October 1, 2015, and will remain in
effect through September 30, 2016. Applications will not be accepted
for review until FDA has received full payment of application fees and
any other animal drug user fees owed under ADUFA.
II. Revenue Amount for FY 2016
A. Statutory Fee Revenue Amounts
ADUFA III (Title I of Pub. L. 113-14) specifies that the aggregate
fee revenue amount for FY 2016 for all animal drug user fee categories
is $21,600,000. (21 U.S.C. 379j-12(b)(1)(B).)
B. Inflation Adjustment to Fee Revenue Amount
The fee revenue amount established in ADUFA III for FY 2015 and
subsequent fiscal years are subject to an inflation adjustment (21
U.S.C. 379j-12(c)(2)).
The component of the inflation adjustment for payroll costs shall
be one plus the average annual percent change in the cost of all
personnel compensation and benefits (PC&B) paid per full-time
equivalent position (FTE) at FDA for the first three of the four
preceding fiscal years, multiplied by the proportion of PC&B costs to
total FDA costs for the first three of the four preceding fiscal years
(see 21 U.S.C. 379j-12(c)(2)(A) and (B)). The data on total PC&B paid
and numbers of FTE paid, from which the average cost per FTE can be
derived, are published in FDA's Justification of Estimates for
Appropriations Committees.
Table 1 summarizes that actual cost and FTE data for the specified
fiscal years, and provides the percent change from the previous fiscal
year and the average percent change over the first three of the four
fiscal years preceding FY 2016. The 3-year average is 2.2328 percent.
Table 1--FDA Personnel Compensation and Benefits (PC&B) Each Year and Percent Change
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 2013 2014 3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B.......................... $1,824,703,000 $1,927,703,000 $2,054,937,000
Total FTE........................... 13,382 13,974 14,555
PC&B per FTE........................ $136,355 $137,949 $141,184
Percent Change from Previous Year... 3.1843% 1.169% 2.3451% 2.2328%
----------------------------------------------------------------------------------------------------------------
The statute specifies that this 2.2328 percent should be multiplied
by the proportion of PC&B costs to total FDA costs. Table 2 shows the
amount of PC&B and the total amount obligated by FDA for the same 3
FYs.
Table 2--PC&B as a Percent of Total Costs at FDA
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 2013 2014 3-Year average
----------------------------------------------------------------------------------------------------------------
Total PC&B.......................... $1,824,703,000 $1,927,703,000 $2,054,937,000
Total Costs......................... $3,550,496,000 $4,151,343,000 $4,298,476,000
PC&B Percent........................ 51.3929% 46.4356% 47.8062% 48.5449%
----------------------------------------------------------------------------------------------------------------
The payroll adjustment is 2.2328 percent multiplied by 48.5449
percent (or 1.0839 percent).
The statute specifies that the portion of the inflation adjustment
for non-payroll costs for FY 2016 is the average annual percent change
that occurred in the Consumer Price Index (CPI) for urban consumers
(Washington-Baltimore, DC-MD-VA-WV; not seasonally adjusted; all items
less food and energy; annual index) for the first 3 of the preceding 4
years of available data multiplied by the proportion of all costs other
than PC&B costs to total FDA costs (see 21 U.S.C. 379j-12(c)(2)(C)).
Table 3 provides the summary data for the percent change in the
specified CPI for the Baltimore-Washington area. The data from the
Bureau of Labor Statistics is shown in table 3.
Table 3--Annual and 3-Year Average Percent Change in Baltimore-Washington Area CPI Less Food and Energy
----------------------------------------------------------------------------------------------------------------
Year 2012 2013 2014 3-Year average
----------------------------------------------------------------------------------------------------------------
Annual CPI.......................... 144.413 146.953 149.581
Annual Percent Change............... 2.4475% 1.7588% 1.7883% 1.9982%
----------------------------------------------------------------------------------------------------------------
To calculate the inflation adjustment for non-pay costs, we
multiply the 1.9982 percent by the proportion of all costs other than
PC&B to total FDA costs. Since 48.5449 percent was obligated for PC&B
as shown in table 2, 51.4551 percent is the portion of costs other than
PC&B (100 percent minus 48.5449 percent equals 51.4551
[[Page 45995]]
percent). The non-payroll adjustment is 1.9982 percent times 51.4551
percent, or 1.0282 percent.
Next, we add the payroll component (1.0839 percent) to the non-pay
component (1.0282 percent), for a total inflation adjustment of 2.1121
percent for FY 2016.
ADUFA III provides for the inflation adjustment to be compounded
each fiscal year after FY 2014 (see 21 U.S.C. 379j-12(c)(2)). The
factor for FY 2016 (2.1121 percent) is compounded by adding 1 and then
multiplying by 1 plus the inflation adjustment factor for FY 2015
(2.0201 percent), as published in the Federal Register of August 1,
2014 (79 FR 44787 to 44792), which equals 1.041749 (rounded) (1.021121
times 1.020201) for FY 2016. We then multiply the base revenue amount
for FY 2016 ($21,600,000) by 1.041749, yielding an inflation adjusted
amount of $22,501,778.
C. Workload Adjustment to Inflation Adjusted Fee Revenue Amount
A workload adjustment will be calculated to the inflation adjusted
fee revenue amount established in ADUFA III for FY 2015 and subsequent
fiscal years (21 U.S.C. 379j-12(c)(3)).
FDA calculated the average number of each of the five types of
applications and submissions specified in the workload adjustment
provision (animal drug applications, supplemental animal drug
applications for which data with respect to safety or efficacy are
required, manufacturing supplemental animal drug applications,
investigational animal drug study submissions, and investigational
animal drug protocol submissions) received over the 5-year period that
ended on September 30, 2013 (the base years), and the average number of
each of these types of applications and submissions over the most
recent 5-year period that ended June 30, 2015.
The results of these calculations are presented in the first two
columns of table 4. Column 3 reflects the percent change in workload
over the two 5-year periods. Column 4 shows the weighting factor for
each type of application, reflecting how much of the total FDA animal
drug review workload was accounted for by each type of application or
submission in the table during the most recent 5 years. Column 5 is the
weighted percent change in each category of workload, and was derived
by multiplying the weighting factor in each line in column 4 by the
percent change from the base years in column 3. At the bottom right of
table 4 the sum of the values in column 5 is added, reflecting a total
change in workload of 1.4066 percent for FY 2016. This is the workload
adjuster for FY 2016.
Table 4--Workload Adjuster Calculation
[numbers may not add due to rounding]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Column 1 5-year
Application type average (base Column 2 latest 5- Column 3 percent Column 4 Column 5 weighted
years) year average change weighting factor % change
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Animal Drug Applications (NADAs)..................... 9.80 11.6 18.4% 0.0215 0.3945%
Supplemental NADAs with Safety or Efficacy Data.......... 9.6 12.8 33.3% 0.0352 1.1749%
Manufacturing Supplements................................ 361.0 345.8 -4.2% 0.1437 -0.6049%
Investigational Study Submissions........................ 216.4 210.8 -2.6% 0.6254 -1.6184%
Investigational Protocol Submissions..................... 133.6 149.4 11.8% 0.1742 2.0605%
FY 2016 Workload Adjuster................................ ................. ................. ................. ................. 1.4066%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Over the last several years FDA has seen an increase in the number
of animal drug sponsors requesting meetings to discuss new animal drug
product development. These meeting requests come from both existing
animal drug sponsors as well as sponsors new to the animal drug market.
These factors have contributed to an increase in the number of protocol
submissions and New Animal Drug Applications (NADAs) submitted for many
novel drug classes and novel indications for both food-producing
animals and companion animals. Additionally, FDA has seen an increase
in the number of animal drug sponsors pursuing multiple changes to
their existing NADAs (e.g., new indications, new species, changes in
dosage). For this reason we are seeing an increase in the number of
supplemental NADAs with safety or effectiveness data. As a result, the
statutory revenue amount after the inflation adjustment ($22,501,778)
must now be increased by 1.4066 percent to reflect the changes in
review workload (workload adjustment), for a total fee revenue target
of $22,818,000 (rounded to the nearest thousand dollars).
D. FY 2016 Fee Revenue Amounts
ADUFA III specifies that the revenue amount of $22,818,000 for FY
2016 is to be divided as follows: 20 percent, or a total of $4,564,000
(rounded to the nearest thousand dollars), is to come from application
fees; 27 percent, or a total of $6,161,000 (rounded to the nearest
thousand dollars), is to come from product fees; 26 percent, or a total
of $5,932,000 (rounded to the nearest thousand dollars), is to come
from establishment fees; and 27 percent, or a total of $6,161,000
(rounded to the nearest thousand dollars), is to come from sponsor fees
(21 U.S.C. 379j-12(b)).
III. Application Fee Calculations for FY 2016
The terms ``animal drug application'' and ``supplemental animal
drug application'' are defined in section 739 of the FD&C Act (21
U.S.C. 379j-11(1) and (2)).
A. Application Fee Revenues and Numbers of Fee-Paying Applications
The application fee must be paid for any animal drug application or
supplemental animal drug application that is subject to fees under
ADUFA and that is submitted on or after September 1, 2003. The
application fees are to be set so that they will generate $4,564,000 in
fee revenue for FY 2016, after workload adjustment ($4,500,000 times
1.014066, rounded to the nearest thousand dollars). The fee for a
supplemental animal drug application for which safety or effectiveness
data are required and for an animal drug application subject to
criteria set forth in section 512(d)(4) of the FD&C Act is to be set at
50 percent of the animal drug application fee (21 U.S.C. 379j-
12(a)(1)(A)(ii)).
To set animal drug application fees and supplemental animal drug
application fees to realize $4,564,000 FDA must first make some
assumptions about the number of fee-paying applications and supplements
the Agency will receive in FY 2016.
[[Page 45996]]
The Agency knows the number of applications that have been
submitted in previous years. That number fluctuates from year to year.
In estimating the fee revenue to be generated by animal drug
application fees in FY 2016, FDA is assuming that the number of
applications that will pay fees in FY 2016 will equal the average
number of submissions over the 5 most recent completed years of ADUFA
(FY 2010 to FY 2014). FDA believes that this is a reasonable approach
after 11 completed years of experience with this program.
Over the 5 most recent completed years, the average number of
animal drug applications that would have been subject to the full fee
was 6.8. Over this same period, the average number of supplemental
applications and applications subject to the criteria set forth in
section 512(d)(4) of the FD&C Act that would have been subject to half
of the full fee was 12.4.
B. Application Fee Rates for FY 2016
FDA must set the fee rates for FY 2016 so that the estimated 6.8
applications that pay the full fee and the estimated 12.4 supplemental
applications and applications subject to the criteria set forth in
section 512(d)(4) of the FD&C Act that pay half of the full fee will
generate a total of $4,564,000. To generate this amount, the fee for an
animal drug application, rounded to the nearest $100, will have to be
$351,100, and the fee for a supplemental animal drug application for
which safety or effectiveness data are required and for applications
subject to the criteria set forth in section 512(d)(4) of the FD&C Act
will have to be $175,550.
IV. Product Fee Calculations for FY 2016
A. Product Fee Revenues and Numbers of Fee-Paying Products
The animal drug product fee (also referred to as the product fee)
must be paid annually by the person named as the applicant in a new
animal drug application or supplemental new animal drug application for
an animal drug product submitted for listing under section 510 of the
FD&C Act (21 U.S.C. 360), and who had an animal drug application or
supplemental animal drug application pending at FDA after September 1,
2003. (See 21 U.S.C. 379j-12(a)(2).) The term ``animal drug product''
means each specific strength or potency of a particular active
ingredient or ingredients in final dosage form marketed by a particular
manufacturer or distributor, which is uniquely identified by the
labeler code and product code portions of the national drug code, and
for which an animal drug application or a supplemental animal drug
application has been approved (21 U.S.C. 379j-11(3)). The product fees
are to be set so that they will generate $6,161,000 in fee revenue for
FY 2016, after workload adjustment ($6,076,000 times 1.014066, rounded
to the nearest thousand dollars).
To set animal drug product fees to realize $6,161,000, FDA must
make some assumptions about the number of products for which these fees
will be paid in FY 2016. FDA developed data on all animal drug products
that have been submitted for listing under section 510 of the FD&C Act
and matched this to the list of all persons who had an animal drug
application or supplement pending after September 1, 2003. As of June
2015, FDA estimates that there are a total of 815 products submitted
for listing by persons who had an animal drug application or
supplemental animal drug application pending after September 1, 2003.
Based on this, FDA estimates that a total of 815 products will be
subject to this fee in FY 2016.
In estimating the fee revenue to be generated by animal drug
product fees in FY 2016, FDA is assuming that 3 percent of the products
invoiced, or 24, will not pay fees in FY 2016 due to fee waivers and
reductions. FDA has reduced the estimate of the percentage of products
that will not pay fees from 4 percent to 3 percent this year, based on
historical data over the past 5 completed years of the ADUFA program.
Based on experience over the first 11 completed years of ADUFA, FDA
believes that this is a reasonable basis for estimating the number of
fee-paying products in FY 2016.
Accordingly, the Agency estimates that a total of 791 (815 minus
24) products will be subject to product fees in FY 2016.
B. Product Fee Rates for FY 2016
FDA must set the fee rates for FY 2016 so that the estimated 791
products that pay fees will generate a total of $6,161,000. To generate
this amount will require the fee for an animal drug product, rounded to
the nearest $5, to be $7,790.
V. Establishment Fee Calculations for FY 2016
A. Establishment Fee Revenues and Numbers of Fee-Paying Establishments
The animal drug establishment fee (also referred to as the
establishment fee) must be paid annually by the person who: (1) Owns or
operates, directly or through an affiliate, an animal drug
establishment; (2) is named as the applicant in an animal drug
application or supplemental animal drug application for an animal drug
product submitted for listing under section 510 of the FD&C Act; (3)
had an animal drug application or supplemental animal drug application
pending at FDA after September 1, 2003; and (4) whose establishment
engaged in the manufacture of the animal drug product during the fiscal
year. (See 21 U.S.C. 379j-12(a)(3).) An establishment subject to animal
drug establishment fees is assessed only one such fee per fiscal year.
(See 21 U.S.C. 379j-12(a)(3).) The term ``animal drug establishment''
is defined in 21 U.S.C. 379j-11(4). The establishment fees are to be
set so that they will generate $5,932,000 in fee revenue for FY 2016,
after workload adjustment ($5,850,000 times 1.014066, rounded to the
nearest thousand dollars).
To set animal drug establishment fees to realize $5,932,000, FDA
must make some assumptions about the number of establishments for which
these fees will be paid in FY 2016. FDA developed data on all animal
drug establishments and matched this to the list of all persons who had
an animal drug application or supplement pending after September 1,
2003. As of June 2015, FDA estimates that there are a total of 64
establishments owned or operated by persons who had an animal drug
application or supplemental animal drug application pending after
September 1, 2003. Based on this, FDA believes that 64 establishments
will be subject to this fee in FY 2016.
In estimating the fee revenue to be generated by animal drug
establishment fees in FY 2016, FDA is assuming that 12 percent of the
establishments invoiced, or 8, will not pay fees in FY 2016 due to fee
waivers and reductions. FDA has kept this estimate at 12 percent this
year, based on historical data over the past 5 completed years. Based
on experience over the past 11 completed years of ADUFA, FDA believes
that this is a reasonable basis for estimating the number of fee-paying
establishments in FY 2016.
Accordingly, the Agency estimates that a total of 56 establishments
(64 minus 8) will be subject to establishment fees in FY 2016.
B. Establishment Fee Rates for FY 2016
FDA must set the fee rates for FY 2016 so that the estimated 56
establishments that pay fees will generate a total of $5,932,000. To
generate this amount will require the fee for an animal drug
[[Page 45997]]
establishment, rounded to the nearest $50, to be $105,950.
VI. Sponsor Fee Calculations for FY 2016
A. Sponsor Fee Revenues and Numbers of Fee-Paying Sponsors
The animal drug sponsor fee (also referred to as the sponsor fee)
must be paid annually by each person who: (1) Is named as the applicant
in an animal drug application, except for an approved application for
which all subject products have been removed from listing under section
510 of the FD&C Act, or has submitted an investigational animal drug
submission that has not been terminated or otherwise rendered inactive
and (2) had an animal drug application, supplemental animal drug
application, or investigational animal drug submission pending at FDA
after September 1, 2003. (See 21 U.S.C. 379j-11(6) and 379j-12(a)(4).)
An animal drug sponsor is subject to only one such fee each fiscal
year. (See 21 U.S.C. 379j-12(a)(4).) The sponsor fees are to be set so
that they will generate $6,161,000 in fee revenue for FY 2016, after
workload adjustment ($6,076,000 times 1.014066, rounded to the nearest
thousand dollars).
To set animal drug sponsor fees to realize $6,161,000, FDA must
make some assumptions about the number of sponsors who will pay these
fees in FY 2016. Based on the number of firms that would have met this
definition in each of the past 11 completed years of ADUFA, FDA
estimates that a total of 173 sponsors will meet this definition in FY
2016.
Careful review indicates that 33 percent of these sponsors will
qualify for minor use/minor species waiver or reduction (21 U.S.C.
379j-12(d)(1)(D)). Based on the Agency's experience to date with
sponsor fees, FDA's current best estimate is that an additional 32
percent will qualify for other waivers or reductions, for a total of 65
percent of the sponsors invoiced, or 112, who will not pay fees in FY
2016 due to fee waivers and reductions. FDA has kept this estimate at
65 percent this year, based on historical data over the past 5
completed years of ADUFA. FDA believes that this is a reasonable basis
for estimating the number of fee-paying sponsors in FY 2016.
Accordingly, the Agency estimates that a total of 61 sponsors (173
minus 112) will be subject to and pay sponsor fees in FY 2016.
B. Sponsor Fee Rates for FY 2016
FDA must set the fee rates for FY 2016 so that the estimated 61
sponsors that pay fees will generate a total of $6,161,000. To generate
this amount will require the fee for an animal drug sponsor, rounded to
the nearest $50, to be $101,000.
VII. Fee Schedule for FY 2016
The fee rates for FY 2016 are summarized in table 5.
Table 5--FY 2016 Fee Rates
------------------------------------------------------------------------
Fee rate for
Animal drug user fee category FY 2016
------------------------------------------------------------------------
Animal Drug Application Fees:
Animal Drug Application............................. $351,100
Supplemental Animal Drug Application for which 175,550
Safety or Effectiveness Data are Required or Animal
Drug Application Subject to the Criteria Set Forth
in Section 512(d)(4) of the FD&C Act...............
Animal Drug Product Fee................................. 7,790
Animal Drug Establishment Fee \1\....................... 105,950
Animal Drug Sponsor Fee \2\............................. 101,000
------------------------------------------------------------------------
\1\ An animal drug establishment is subject to only one such fee each
fiscal year.
\2\ An animal drug sponsor is subject to only one such fee each fiscal
year.
VIII. Procedures for Paying the FY 2016 Fees
A. Application Fees and Payment Instructions
The appropriate application fee established in the new fee schedule
must be paid for an animal drug application or supplement subject to
fees under ADUFA that is submitted on or after October 1, 2015. Payment
must be made in U.S. currency by check, bank draft, or U.S. postal
money order payable to the order of the Food and Drug Administration,
by wire transfer, or electronically using Pay.gov. (The Pay.gov payment
option is available to you after you submit a cover sheet. Click the
``Pay Now'' button.) On your check, bank draft, or U.S. postal money
order, please write your application's unique Payment Identification
Number (PIN), beginning with the letters AD, from the upper right-hand
corner of your completed Animal Drug User Fee Cover Sheet. Also write
the FDA post office box number (P.O. Box 979033) on the enclosed check,
bank draft, or money order. Your payment and a copy of the completed
Animal Drug User Fee Cover Sheet can be mailed to: Food and Drug
Administration, P.O. Box 979033, St. Louis, MO 63197-9000.
If payment is made by wire transfer, send payment to: U.S.
Department of Treasury, TREAS NYC, 33 Liberty St., New York, NY 10045,
FDA Deposit Account Number: 75060099, U.S. Department of Treasury
routing/transit number: 021030004, SWIFT Number: FRNYUS33, Beneficiary:
FDA, 8455 Colesville Rd., Silver Spring, MD 20993-0002. You are
responsible for any administrative costs associated with the processing
of a wire transfer. Contact your bank or financial institution about
the fee and add it to your payment to ensure that your fee is fully
paid.
If you prefer to send a check by a courier, the courier may deliver
the check and printed copy of the cover sheet to: U.S. Bank, Attn:
Government Lockbox 979033, 1005 Convention Plaza, St. Louis, MO 63101.
(Note: This address is for courier delivery only. If you have any
questions concerning courier delivery contact the U.S. Bank at 314-418-
4013. This telephone number is only for questions about courier
delivery.)
The tax identification number of FDA is 53-0196965. (Note: In no
case should the payment for the fee be submitted to FDA with the
application.)
It is helpful if the fee arrives at the bank at least a day or two
before the application arrives at FDA's CVM. FDA records the official
application receipt date as the later of the following: The date the
application was received by FDA's CVM, or the date U.S. Bank notifies
FDA that your payment in the full amount has been received, or when the
U.S. Treasury notifies FDA of receipt of an electronic or wire transfer
payment. U.S. Bank and the U.S. Treasury are required to notify FDA
[[Page 45998]]
within 1 working day, using the PIN described previously.
B. Application Cover Sheet Procedures
Step One--Create a user account and password. Log on to the ADUFA
Web site at https://www.fda.gov/ForIndustry/UserFees/AnimalDrugUserFeeActADUFA/default.htm and, under Tools and Resources,
click ``The Animal Drug User Fee Cover Sheet'' and then click ``Create
ADUFA User Fee Cover Sheet.'' For security reasons, each firm
submitting an application will be assigned an organization
identification number, and each user will also be required to set up a
user account and password the first time you use this site. Online
instructions will walk you through this process.
Step Two--Create an Animal Drug User Cover Sheet, transmit it to
FDA, and print a copy. After logging into your account with your user
name and password, complete the steps required to create an Animal Drug
User Fee Cover Sheet. One cover sheet is needed for each animal drug
application or supplement. Once you are satisfied that the data on the
cover sheet is accurate and you have finalized the cover sheet, you
will be able to transmit it electronically to FDA and you will be able
to print a copy of your cover sheet showing your unique PIN.
Step Three--Send the payment for your application as described in
section VIII.A.
Step Four--Please submit your application and a copy of the
completed Animal Drug User Fee Cover Sheet to the following address:
Food and Drug Administration, Center for Veterinary Medicine, Document
Control Unit (HFV-199), 7500 Standish Pl., Rockville, MD 20855.
C. Product, Establishment, and Sponsor Fees
By December 31, 2015, FDA will issue invoices and payment
instructions for product, establishment, and sponsor fees for FY 2016
using this fee schedule. Payment will be due by January 31, 2016. FDA
will issue invoices in November 2016 for any products, establishments,
and sponsors subject to fees for FY 2016 that qualify for fees after
the December 2015 billing.
Dated: July 28, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-18913 Filed 7-31-15; 8:45 am]
BILLING CODE 4164-01-P