Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Generic Drug User Fee Program, 7473-7474 [2022-02689]
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
2021, a high Medicaid facility may
request an exception to the prohibition
on expansion of facility capacity more
frequently than once every 2 years; may
request to expand its facility capacity
beyond 200 percent of the hospital’s
baseline number of operating rooms,
procedure rooms, and beds; and is not
restricted to locating approved
expansion capacity on the hospital’s
main campus.
Section 1877(i)(3)(A)(ii) of the Act
and our regulations at § 411.362(c)(5)
provide that individuals and entities in
the community in which the provider
requesting the exception is located must
have an opportunity to provide input
with respect to the provider’s
application for the exception. For
further information, we refer readers to
the CMS website at: https://
www.cms.gov/Medicare/Fraud-andAbuse/PhysicianSelfReferral/Physician_
Owned_Hospitals.html. As stated in our
regulations, we will solicit community
input on the request for an exception by
publishing a notice of the request in the
Federal Register. Individuals and
entities in the hospital’s community
will have 30 days to submit comments
on the request. Community input must
take the form of written comments and
may include documentation
demonstrating that the physician-owned
hospital requesting the exception does
or does not qualify as an ‘‘applicable
hospital’’ or ‘‘high Medicaid facility,’’ as
such terms are defined in § 411.362(c)(2)
and (3). In the CY 2012 OPPS/ASC final
rule, we gave examples of community
input, such as documentation
demonstrating that the hospital does not
satisfy one or more of the data criteria
or that the hospital discriminates
against beneficiaries of Federal health
programs; however, we noted that these
were examples only and that we will
not restrict the type of community input
that may be submitted (76 FR 74522). If
we receive timely comments from the
community, we will notify the hospital,
and the hospital will have 30 days after
such notice to submit a rebuttal
statement (§ 411.362(c)(5)).
A request for an exception to the
facility expansion prohibition is
considered complete as follows:
• If the request, any written
comments, and any rebuttal statement
include only filed Medicare hospital
cost report data (Healthcare Cost Report
Information System (‘‘HCRIS’’) data): (1)
The end of the 30-day comment period
if CMS receives no written comments
from the community; or (2) the end of
the 30-day rebuttal period if CMS
receives written comments from the
community, regardless of whether the
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17:29 Feb 08, 2022
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hospital submitting the request submits
a rebuttal statement (§ 411.362(c)(5)(i)).
• If the request, any written
comments, or any rebuttal statement
include data from an external data
source, no later than: (1) 180 days after
the end of the 30-day comment period
if CMS receives no written comments
from the community; and (2) 180 days
after the end of the 30-day rebuttal
period if CMS receives written
comments from the community,
regardless of whether the hospital
submitting the request submits a
rebuttal statement (§ 411.362(c)(5)(ii)).
The CMS decision to grant or deny a
hospital’s request for an exception to the
prohibition on expansion of facility
capacity must be published in the
Federal Register in accordance with our
regulations at § 411.362(c)(7).
IV. Hospital Exception Request
As permitted by section 1877(i)(3) of
the Act and our regulations at
§ 411.362(c), the following physicianowned hospital has requested an
exception to the prohibition on
expansion of facility capacity:
Name of Facility: Doctors Hospital at
Renaissance, Ltd.
Location: 5501 South McColl Road,
Edinburg, Texas 78539
Basis for this Exception Request: High
Medicaid Facility
We seek comments on this request
from individuals and entities in the
community in which the hospital is
located. We encourage interested parties
to review the hospital’s request, which
is posted on the CMS website at: https://
www.cms.gov/Medicare/Fraud-andAbuse/PhysicianSelfReferral/Physician_
Owned_Hospitals.html. We especially
welcome comments regarding whether
the hospital qualifies as a high Medicaid
facility.
Individuals and entities wishing to
submit comments on the hospital’s
request should state whether or not they
are in the community in which the
hospital is located. We suggest that
parties review the DATES and ADDRESSES
sections above to ensure timely
submission of their comments.
V. Collection of Information
Requirements
This document does not impose
information collection requirements,
that is, reporting, recordkeeping or
third-party disclosure requirements.
Consequently, there is no need for
review by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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7473
VI. Response to Comments
We will consider all comments we
receive by the date and time specified
in the DATES section of this preamble.
The Administrator of the Centers for
Medicare & Medicaid Services (CMS),
Chiquita Brooks-LaSure, having
reviewed and approved this document,
authorizes Lynette Wilson, who is the
Federal Register Liaison, to
electronically sign this document for
purposes of publication in the Federal
Register.
Dated: February 4, 2022.
Lynette Wilson,
Federal Register Liaison, Centers for Medicare
& Medicaid Services.
[FR Doc. 2022–02739 Filed 2–8–22; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2018–N–3404]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Generic Drug User
Fee Program
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
that a proposed collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Submit written comments
(including recommendations) on the
collection of information by March 11,
2022.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be submitted to https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. The OMB
control number for this information
collection is 0910–0727. Also include
the FDA docket number found in
brackets in the heading of this
document.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Domini Bean, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
E:\FR\FM\09FEN1.SGM
09FEN1
7474
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
20852, 301–796–5733, PRAStaff@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
Generic Drug User Fee Program
OMB Control Number 0910–0727—
Revision
This information collection supports
implementation of FDA’s Generic Drug
User Fee program. The Generic Drug
User Fee Amendments (GDUFA) (Pub.
L. 112–144, Title 111) were enacted to
speed the delivery of safe and effective
generic drugs to the public and reduce
costs to industry. GDUFA authorizes
FDA to assess user fees to fund critical
and measurable enhancements to the
performance of FDA’s generic drugs
program, bringing greater predictability
and timeliness to the review of generic
drug applications. GDUFA is currently
authorized through September 30, 2022,
with reauthorization activities currently
underway. For more information
regarding GDUFA and ongoing
implementation, we invite you to visit
our website at https://www.fda.gov/
industry/fda-user-fee-programs/genericdrug-user-fee-amendments.
GDUFA is based on an agreement
negotiated by FDA and representatives
of the generic drug industry intended to
address continuing regulatory
challenges. GDUFA reflects input
received during an open process that
includes regular public meetings,
posting of meeting minutes, and
consideration of comments from a
public docket. We are revising the
information collection to include the
current GDUFA agreement, or ‘‘goals
letter,’’ as reflected in the document
‘‘GDUFA Reauthorization Performance
Goals and Program Enhancements Fiscal
Years 2018–2022,’’ available for
download from our website at https://
www.fda.gov/media/101052/download.
The performance goals and program
enhancements specified in the goals
letter apply to aspects of the generic
drug review program that are important
for facilitating timely access to quality,
affordable generic medicines. FDA is
committed to meeting the performance
goals specified in the goals letter and to
continuous improvement of its
performance.
Included among the performance
goals is the issuance of topic-specific
guidance documents. We maintain a
searchable guidance database on our
website at https://www.fda.gov/
regulatory-information/search-fdaguidance-documents. In publishing the
respective notices of availability for
each guidance document, we include an
analysis under the PRA and invite
public comment on the associated
information collection
recommendations. In addition, all
Agency guidance documents are issued
in accordance with our Good Guidance
Practice regulations in 21 CFR 10.115,
which provide for public comment at
any time.
We have developed Form FDA 3794,
the Generic Drug User Fee Cover Sheet,
available at https://www.fda.gov/
industry/fda-user-fee-programs which
requests the minimum necessary
information from generic drug
applicants to account for and track user
fees and to determine the amount of the
fee required. Applicants complete and
submit the cover sheets to accompany
payments. While applicants may submit
payment through multiple means, all
cover sheets are prepared using FDA’s
web-based electronic User Fee System.
Upon submitting the completed cover
sheet, the User Fee System generates a
user fee identification number, which is
provided to applicants at the bottom of
the cover sheet. It also notes the correct
fiscal year user fee assessment that is
due for the submission or program. FDA
requests that applicants submit a copy
of this completed cover sheet along with
the abbreviated new drug application, as
well as other additional GDUFA fees, so
FDA can verify that the applicant has
paid the correct user fee and their
account is current.
Respondents to the information
collection are potential or actual generic
drug application holders or related
active pharmaceutical ingredient and
finished dosage form manufacturers.
Companies with multiple user fee
obligations may submit a cover sheet for
each user fee obligation.
In the Federal Register of November
19, 2021 (86 FR 64945), we published a
60-day notice requesting public
comment on the proposed collection of
information. No comments were
received.
We estimate the burden of this
collection of information as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN1
Number of
respondents
Form FDA 3794
Generic Drug User Fee Cover Sheet ..........................
1 There
500
Total annual
responses
7.616
3,808
Average burden
per response
0.5(30 minutes) ......
Total hours
1,904
are no capital costs or operating and maintenance costs associated with this collection of information.
Based on a review of the information
collection, we have retained the
currently approved burden estimate.
Dated: February 3, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–02689 Filed 2–8–22; 8:45 am]
BILLING CODE 4164–01–P
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Number of
responses per
respondent
VerDate Sep<11>2014
17:29 Feb 08, 2022
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
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as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel NIAID New Innovators
Awards (DP2 Clinical Trial Not Allowed).
Date: March 10–11, 2022.
Time: 10:00 a.m. to 6:00 p.m.
Agenda: To review and evaluate grant
applications.
E:\FR\FM\09FEN1.SGM
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Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7473-7474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02689]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2018-N-3404]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Generic Drug User Fee
Program
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.
DATES: Submit written comments (including recommendations) on the
collection of information by March 11, 2022.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0727. Also include the FDA docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD
[[Page 7474]]
20852, 301-796-5733, [email protected].
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
Generic Drug User Fee Program
OMB Control Number 0910-0727--Revision
This information collection supports implementation of FDA's
Generic Drug User Fee program. The Generic Drug User Fee Amendments
(GDUFA) (Pub. L. 112-144, Title 111) were enacted to speed the delivery
of safe and effective generic drugs to the public and reduce costs to
industry. GDUFA authorizes FDA to assess user fees to fund critical and
measurable enhancements to the performance of FDA's generic drugs
program, bringing greater predictability and timeliness to the review
of generic drug applications. GDUFA is currently authorized through
September 30, 2022, with reauthorization activities currently underway.
For more information regarding GDUFA and ongoing implementation, we
invite you to visit our website at https://www.fda.gov/industry/fda-user-fee-programs/generic-drug-user-fee-amendments.
GDUFA is based on an agreement negotiated by FDA and
representatives of the generic drug industry intended to address
continuing regulatory challenges. GDUFA reflects input received during
an open process that includes regular public meetings, posting of
meeting minutes, and consideration of comments from a public docket. We
are revising the information collection to include the current GDUFA
agreement, or ``goals letter,'' as reflected in the document ``GDUFA
Reauthorization Performance Goals and Program Enhancements Fiscal Years
2018-2022,'' available for download from our website at https://www.fda.gov/media/101052/download. The performance goals and program
enhancements specified in the goals letter apply to aspects of the
generic drug review program that are important for facilitating timely
access to quality, affordable generic medicines. FDA is committed to
meeting the performance goals specified in the goals letter and to
continuous improvement of its performance.
Included among the performance goals is the issuance of topic-
specific guidance documents. We maintain a searchable guidance database
on our website at https://www.fda.gov/regulatory-information/search-fda-guidance-documents. In publishing the respective notices of
availability for each guidance document, we include an analysis under
the PRA and invite public comment on the associated information
collection recommendations. In addition, all Agency guidance documents
are issued in accordance with our Good Guidance Practice regulations in
21 CFR 10.115, which provide for public comment at any time.
We have developed Form FDA 3794, the Generic Drug User Fee Cover
Sheet, available at https://www.fda.gov/industry/fda-user-fee-programs
which requests the minimum necessary information from generic drug
applicants to account for and track user fees and to determine the
amount of the fee required. Applicants complete and submit the cover
sheets to accompany payments. While applicants may submit payment
through multiple means, all cover sheets are prepared using FDA's web-
based electronic User Fee System. Upon submitting the completed cover
sheet, the User Fee System generates a user fee identification number,
which is provided to applicants at the bottom of the cover sheet. It
also notes the correct fiscal year user fee assessment that is due for
the submission or program. FDA requests that applicants submit a copy
of this completed cover sheet along with the abbreviated new drug
application, as well as other additional GDUFA fees, so FDA can verify
that the applicant has paid the correct user fee and their account is
current.
Respondents to the information collection are potential or actual
generic drug application holders or related active pharmaceutical
ingredient and finished dosage form manufacturers. Companies with
multiple user fee obligations may submit a cover sheet for each user
fee obligation.
In the Federal Register of November 19, 2021 (86 FR 64945), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
We estimate the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Form FDA 3794 Number of responses per Total annual Average burden per response Total hours
respondents respondent responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generic Drug User Fee Cover Sheet............ 500 7.616 3,808 0.5(30 minutes).......................... 1,904
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
Based on a review of the information collection, we have retained
the currently approved burden estimate.
Dated: February 3, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-02689 Filed 2-8-22; 8:45 am]
BILLING CODE 4164-01-P