Over-the-Counter Monograph Drug User Fee Rates for Fiscal Year 2023, 18156-18159 [2023-06299]
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
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Another guidance referenced in this guidance
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807, subpart E .........................
812 ...........................................
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814, subpart H .........................
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‘‘Emergency Use Authorization of Medical Products and Related Authorities; Guidance for Industry and Other Stakeholders’’.
‘‘Requests for Feedback and Meetings for Medical Device
Submissions: The Q-Submission Program Guidance for Industry and Food and Drug Administration Staff’’.
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OMB control
No.
New collection covered by
PHE PRA waiver
0910–0595
0910–0756
0910–0485
0910–0437
0910–0359
0910–0625
0910–0120
0910–0078
0910–0231
0910–0332
0910–0073
0910–0720
0910–0844
Notification of Intent.
Transition Implementation
Plan.
Labeling Mitigation for Certain
Reusable Devices.
Dated: March 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
OO-OFBAP-OFM-UFSS-Government@
fda.hhs.gov, 202–510–1643.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2023–06291 Filed 3–24–23; 8:45 am]
I. Background
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2023–N–1007]
Over-the-Counter Monograph Drug
User Fee Rates for Fiscal Year 2023
Food and Drug Administration,
Department of Health and Human
Services (HHS).
ACTION: Notice.
AGENCY:
The Food and Drug
Administration (FDA or Agency) is
announcing the fee rates under the overthe-counter (OTC) monograph drug user
fee program (OMUFA) for fiscal year
(FY) 2023. The Federal Food, Drug, and
Cosmetic Act (FD&C Act) authorizes
FDA to assess and collect user fees from
qualifying manufacturers of OTC
monograph drugs and submitters of
OTC monograph order requests. This
notice publishes the OMUFA fee rates
for FY 2023.
DATES: These fees are effective on
October 1, 2022, and will remain in
effect through September 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Brandon Lee, Mitra Ramson, and the
User Fees Support Staff, Office of
Financial Management, Food and Drug
Administration, 4041 Powder Mill Rd.,
Rm. 61075, Beltsville, MD 20705–4304,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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Section 744M of the FD&C Act (21
U.S.C. 379j–72), as added by the
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), authorizes
FDA to assess and collect: (1) facility
fees from qualifying owners of OTC
monograph drug facilities and (2) fees
from submitters of qualifying OTC
monograph order requests. These fees
are to support FDA’s OTC monograph
drug activities, which are detailed in
section 744L(6) of the FD&C Act (21
U.S.C. 379j–71(6)) and include various
FDA activities associated with OTC
monograph drugs and inspection of
facilities associated with such products.
For OMUFA purposes:
• An OTC monograph drug is a
nonprescription drug without an
approved new drug application that is
governed by the provisions of section
505G of the FD&C Act (21 U.S.C. 355h)
(see section 744L(5) of the FD&C Act);
• An OTC monograph drug facility
(MDF) is a foreign or domestic business
or other entity that, in addition to
meeting other criteria, is engaged in
manufacturing or processing the
finished dosage form of an OTC
monograph drug (see section 744L(10)
of the FD&C Act);
• A contract manufacturing
organization (CMO) facility is an OTC
monograph drug facility where neither
the owner nor any affiliate of the owner
or facility sells the OTC monograph
drug produced at such facility directly
to wholesalers, retailers, or consumers
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
in the United States (see section 744L(2)
of the FD&C Act); and
• An OTC monograph order request
(OMOR) is a request for an
administrative order, with respect to an
OTC monograph drug, which is
submitted under section 505G(b)(5) of
the FD&C Act (see section 744L(7) of the
FD&C Act).
Under section 744M(a)(1)(A) of the
FD&C Act, a facility fee for FY 2023
shall be assessed with respect to each
facility that is identified as an OTC
monograph drug facility during the feeliable period from January 1, 2022,
through December 31, 2022.1 Consistent
with the statute, FDA will assess and
collect facility fees with respect to the
two types of OTC monograph drug
facilities—MDF and CMO facilities. A
full facility fee will be assessed to each
qualifying person that owns a facility
identified as an MDF (see section
744M(a)(1)(A) of the FD&C Act), and a
reduced facility fee of two-thirds will be
assessed to each qualifying person that
owns a facility identified as a CMO
facility (see section 744M(a)(1)(B)(ii) of
the FD&C Act). The facility fees for FY
2023 are due on June 1, 2023 (see
section 744M(a)(1)(D)(ii) of the FD&C
Act).2
1 Under section 744M(a)(1) of the FD&C Act,
‘‘Each person that owns a facility identified as an
OTC monograph drug facility on December 31 of
the fiscal year or at any time during the preceding
12-month period shall be assessed an annual fee for
each such facility’’. For purposes of FY 2023 facility
fees, that time period is January 1, 2022, through
December 31, 2022.
2 Assuming that, as we anticipate, the FY 2023 fee
appropriation will occur prior to June 1, 2023.
Under section 744M(a)(1)(D)(ii), the FY 2023
facility fees are due on the later of: (1) the first
business day of June 2023 (i.e., June 1, 2023) or (2)
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
As discussed in greater detail below:
• OTC monograph drug facilities are
exempt from FY 2023 facility fees if
they had ceased OTC monograph drug
activities, and updated their registration
with FDA to that effect, prior to
December 31, 2021 (see section
744M(a)(1)(B)(i) of the FD&C Act).
• Entities that registered with FDA
during the Coronavirus Disease 2019
(COVID–19) pandemic whose sole
activity with respect to OTC monograph
drugs during the pandemic consists (or
had consisted) of manufacturing OTC
hand sanitizer products 3 are not
identified as OTC monograph drug
facilities subject to OMUFA facility
fees.4
In addition to facility fees, the Agency
is authorized to assess and collect fees
from submitters of OMORs, except for
OMORs that request certain safetyrelated changes (as discussed below).
There are two levels of OMOR fees,
based on whether the OMOR at issue is
a Tier 1 or Tier 2 OMOR.5
For FY 2023, the OMUFA fee rates
are: Tier 1 OMOR fees ($517,381), Tier
2 OMOR fees ($103,476), MDF facility
fees ($26,153), and CMO facility fees
($17,435). These fees are effective for
the period from October 1, 2022,
through September 30, 2023.6 This
document is issued pursuant to section
744M(a)(4) and 744M(c)(4)(B) of the
FD&C Act and describes the calculations
used to set the OMUFA facility fees and
OMOR fees for FY 2023 in accordance
with the directives in the statute.
II. Facility Fee Revenue Amount for FY
2023
A. Base Fee Revenue Amount
Under OMUFA, FDA sets annual
facility fees to generate the total facility
fee revenues for each fiscal year
established by section 744M(b) of the
FD&C Act. The yearly base revenue
amount is the starting point for setting
annual facility fee rates. The base
revenue for FY 2023 is the dollar
amount of the total revenue amount for
the previous fiscal year, without certain
adjustments made for that previous
year, and is $15,112,328 (see section
744M(b)(3)(B) of the FD&C Act).
B. Fee Revenue Adjustment for Inflation
Under OMUFA, the annual base
revenue amount for facility fees is
adjusted for inflation for FY 2023 and
each subsequent fiscal year (see section
744M(c)(1) of the FD&C Act). That
provision states that the dollar amount
of the inflation adjustment is equal to
the product of the annual base revenue
for the fiscal year and the inflation
adjustment percentage. For each of FYs
2022 and 2023, the inflation adjustment
percentage is equal to the average
annual percent change that occurred in
the Consumer Price Index (CPI) for
urban consumers (WashingtonBaltimore, DC-MD-VA-WV; Not
Seasonally Adjusted; All items; Annual
Index) for the first 3 years of the
preceding 4 years of available data
(section 744M(c)(1)(C) of the FD&C Act).
As a result of a geographical revision
made by the Bureau of Labor and
Statistics in January 2018, the
‘‘Washington, DC-Baltimore’’ index was
discontinued and replaced with two
separate indices (i.e., the ‘‘WashingtonArlington-Alexandria’’ and ‘‘BaltimoreColumbia-Towson’’ indices). To
continue applying a CPI that best
reflects the geographic region in which
FDA is located and that provides the
most current data available, the
‘‘Washington-Arlington-Alexandria’’
index is used in calculating the inflation
adjustment percentage. Table 1 provides
the summary data for the percent
changes in the specified CPI for the
Washington-Arlington-Alexandria, DCVA-MD-WV. The data are published by
the Bureau of Labor Statistics on its
website: https://data.bls.gov/pdq/
SurveyOutputServlet?data_tool=
dropmap&series_id=CUURS35ASA0,
CUUSS35ASA0.
TABLE 1—ANNUAL AND 3-YEAR AVERAGE PERCENT CHANGE IN CPI FOR WASHINGTON-ARLINGTON-ALEXANDRIA, DC–
VA–MD–WV AREA
Year
2019
Annual CPI .................................................................................................
Annual Percent Change ............................................................................
Pursuant to the statute, the FY 2023
base revenue of $15,112,328 is increased
by 2.0434 percent, yielding an inflation
adjusted base revenue amount of
$15,421,133 for FY 2023 (see section
744M(c)(1)(A)).
C. Additional Dollar Amounts
ddrumheller on DSK120RN23PROD with NOTICES1
For FY 2023, the inflation adjusted
revenue amount of $15,421,133 is
increased by an additional dollar
amount of $6 million as specified in the
statute (see section 744M(b)(2)(E) of the
FD&C Act). This yields an adjusted fee
revenue subtotal of $21,421,133.
the first business day after the enactment of an
appropriations Act providing for the collection and
obligation of FY 2023 OMUFA fees.
3 The term ‘‘hand sanitizer’’ commonly refers to
consumer antiseptic rubs. However, because the
Health and Human Services (HHS) notice published
January 12, 2021, referred to ‘‘persons that entered
the over-the-counter drug market to supply hand
sanitizer products in response to the COVID–19
Public Health Emergency’’ (86 FR 2420,
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264.78
1.2745%
2020
2021
267.16
0.8989%
277.73
3.9568%
3-Year average
..............................
2.0434%
D. Fee Revenue Adjustment for
Additional Direct Cost
E. Fee Revenue Adjustment for
Operating Reserve
Fee revenue is further adjusted for
additional direct costs as specified in
the statute. In FY 2023, $4 million is
added to the facility fee revenues to
account for additional direct costs (see
section 744M(c)(3)(B) of the FD&C Act).
Adding the additional direct costs
amount of $4 million to $21,421,133
yields an additional direct cost adjusted
fee revenue of $25,421,133.
Under OMUFA, FDA may further
increase the FY 2023 facility fee revenue
and fees if such an adjustment is
necessary to provide up to 10 weeks of
operating reserves of carryover user fees
for OTC monograph drug activities (see
section 744M(c)(2)(B) of the FD&C Act).
Accordingly, in setting fees for FY 2023,
the Agency must estimate its carryover
for FY 2023 to ensure the Agency has
sufficient carryover to continue its OTC
monograph drug activities, as required
under the statute, including an
https:www.federalregister.gov/documents/2021/01/
12/2021-00237/notice-that-persons-that-enteredthe-over-the-counter-drug-market-to-supply-handsanitizer-during), we are using the same
terminology—‘‘hand sanitizer products’’—to refer to
OTC monograph drug products intended for use
(without water) as antiseptic hand rubs or antiseptic
hand wipes by consumers or healthcare personnel.
4 See HHS Federal Register notice of January 12,
2021, 86 FR 2420, https://www.federalregister.gov/
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documents/2021/01/12/2021-00237/notice-thatpersons-that-entered-the-over-the-counter-drugmarket-to-supply-hand-sanitizer-during.
5 Under OMUFA, a Tier 1 OMOR is defined as
any OMOR that is not a Tier 2 OMOR (see section
744L(8) of the FD&C Act). Tier 2 OMORs are
detailed in section 744L(9) of the FD&C Act.
6 These OMUFA fees are for FY 2023, per section
744M(a) of the FD&C Act.
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
operating reserve to mitigate certain
financial risks, such as under
collections, unanticipated surges in
program costs, or a lapse in
appropriations. Under the statute, if
FDA has carryover for OTC monograph
drug activities that would exceed 10
weeks of such operating reserves, FDA
is required to decrease FY 2023 fee
revenues and fees to provide for not
more than 10 weeks of operating
reserves of carryover user fees (see
section 744M(c)(2)(C) of the FD&C Act).
Per the statute, OMUFA facility fees
are not due until the third quarter of
each fiscal year (i.e., the first business
day in June). To address this timing of
facility fee collections for late in the
fiscal year, the Agency must set aside
additional carryover, beyond that for an
operating reserve, to sustain the
Agency’s OTC monograph drug
activities until the facility fees for the
subsequent fiscal year are due and
payable on the first business day in June
(i.e., June 3, 2024). Thus, the Agency
will require FY 2023 carryover
sufficient to cover payroll and operating
expenses for the first 8 months (i.e., 35
weeks rounded) of the following fiscal
year (i.e., October 1, 2023, to May 31,
2024).
To determine the carryover needed,
the Agency starts with the additional
direct cost adjusted fee revenue of
$25,421,133 (calculated in section D),
divides it by 52 to yield a weekly
operating amount of $488,868, and then
multiplies the weekly operating amount
by 35. Based on this calculation, FDA
requires $17,110,378 to support the
program until the FY 2024 fees are due.
After running analyses on the projected
collections and obligations for FY 2023,
including accounting for possible
financial risks described above, FDA
estimates the FY 2023 carryover to be
$17,113,657 which is the approximate
amount required to support the program
through the 35-week period.
Therefore, FDA is not applying an
operating reserve adjustment for FY
2023. As a result of the above
calculations, the final FY 2023 OMUFA
target facility fee revenue is $25,421,000
(rounded to the nearest thousand
dollars).
ddrumheller on DSK120RN23PROD with NOTICES1
III. Determination of FY 2023 OMOR
Fees
Under OMUFA, the FY 2023 Tier 1
OMOR fee is $517,381 and the Tier 2
OMOR fee is $103,476 (see section
744M(a)(2)(A)(i) and (ii) of the FD&C
Act, respectively) including an
adjustment for inflation. OMOR fees are
not included in the OMUFA target
revenue calculation, which is based on
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the facility fees (see section 744M(b)(1)
of the FD&C Act).
An OMOR fee is generally assessed to
each person who submits an OMOR (see
section 744M(a)(2)(A) of the FD&C Act).
OMOR fees are due on the date of the
submission of the OMOR (see section
744M(a)(2)(B) of the FD&C Act). The
payor should submit the OMOR fee that
applies to the type of OMOR they are
submitting (i.e., Tier 1 or Tier 2). FDA
will determine whether the appropriate
OMOR fee has been submitted following
receipt of the OMOR and the fee.
An OMOR fee will not be assessed if
the OMOR seeks to make certain safety
changes with respect to an OTC
monograph drug. Specifically, no fee
will be assessed if FDA finds that the
OMOR seeks to change the drug facts
labeling of an OTC monograph drug in
a way that would add to or strengthen:
(1) a contraindication, warning, or
precaution; (2) a statement about risk
associated with misuse or abuse; or (3)
an instruction about dosage and
administration that is intended to
increase the safe use of the OTC
monograph drug (see section
744M(a)(2)(C) of the FD&C Act).
IV. Facility Fee Calculations
A. Facility Fee Revenues and Fees
For FY 2023, facility fee rates are
being established to generate a total
target revenue amount, as determined
under the statute, equal to $25,421,000
(rounded to the nearest thousand
dollars). FDA used the methodology
described below to determine the
appropriate number of MDF and CMO
facilities to be used in setting the
OMUFA facility fees for FY 2023. FDA
took into consideration that the CMO
facility fee is equal to two-thirds of the
amount of the MDF facility fee (see
section 744M(a)(1)(B)(ii) of the FD&C
Act).
B. Calculating the Number of Qualifying
Facilities and Setting the Facility Fees
For FY 2023, FDA utilized data
consisting of the number of facilities
that were registered in FDA’s electronic
Drug Registration and Listing System
(eDRLS) to manufacture human OTC
products produced under a monograph 7
during the FY 2022 fee-liable period
7 See section 744M(d) of the FD&C Act. OTC
monograph drug facilities had selected in the
eDRLS the business operation qualifiers of
‘‘manufactures human over-the-counter drug
products produced under a monograph’’ or
‘‘contract manufacturing for human over-thecounter drug products produced under a
monograph’’ and indicated at least one of the
following business operations: finished dosage form
manufacture, label, manufacture, pack, relabel, or
repack.
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Fmt 4703
Sfmt 4703
(i.e., January 1, 2021, through December
31, 2021) and the number of facilities
that paid FY 2022 OMUFA fees, as the
primary sources for estimating the
number of each facility fee type (i.e.,
MDF and CMO). In addition, the Agency
considered data provided by firms
regarding their operation as MDFs and
CMOs during FY 2022 (i.e., October 1,
2021, through September 30, 2022)
when they were submitting OTC
Monograph User Fee Cover Sheets to
pay the FY 2022 fee. These data helped
FDA estimate the number of firms
operating as MDF and CMO facilities
during the FY 2023 fee-liable period
(i.e., January 1, 2022, through December
31, 2022) 8 and thus informed FDA’s
calculation of the number and ratio of
MDF and CMO facilities used in
determining the FY 2023 fee rates.
FDA’s review of data also reflected
input received during the first three
quarters of the FY 2023 fee-liable period
from facilities whose manufacturing or
processing practices meet the definition
of fee-eligible OTC monograph drug
facilities, to help capture those facilities
that are in the market and intend to
remain in the market for FY 2023.
Those facilities that only manufacture
the active pharmaceutical ingredient of
an OTC monograph drug do not meet
the definition of an OTC monograph
drug facility (see section
744L(10)(A)(i)(II)) of the FD&C Act).
Likewise, a facility is not an OTC
monograph drug facility if its only
manufacturing or processing activities
are one or more of the following: (1)
production of clinical research supplies;
(2) testing; or (3) placement of outer
packaging on packages containing
multiple products, for such purposes as
creating multipacks, when each
monograph drug product contained
within the overpackaging is already in
a final packaged form prior to placement
in the outer overpackaging (see section
744L(10)(A)(iii) of the FD&C Act).
Consistent with the January 12, 2021
HHS Federal Register notice 9 and
FDA’s subsequent Federal Register
notices published on March 26, 2021
and March 16, 2022 announcing the FY
8 Under section 744M(a)(1) of the FD&C Act,
‘‘Each person that owns a facility identified as an
OTC monograph drug facility on December 31 of
the fiscal year or at any time during the preceding
12-month period shall be assessed an annual fee for
each such facility’’ (emphasis added).
9 See 86 FR 2420, https://www.federalregister.gov/
documents/2021/01/12/2021-00237/notice-thatpersons-that-entered-the-over-the-counter-drugmarket-to-supply-hand-sanitizer-during.
10 See 86 FR 16223, https://
www.federalregister.gov/documents/2021/03/26/
2021-06361/fee-rates-under-the-over-the-countermonograph-drug-user-fee-program-for-fiscal-year2021.
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
2021 and FY 2022 OMUFA fees
(respectively),10 11 facilities are not
identified as an ‘‘OTC monograph drug
facility’’ and will not be assessed a FY
2023 OMUFA facility fee if they: (1)
were not registered with FDA as OTC
drug manufacturers prior to the HHS
declaration of the COVID–19 public
health emergency on January 27,
2020; 12 (2) registered with FDA on or
after the declaration of the COVID–19
public health emergency; and (3)
registered for the sole purpose of
producing hand sanitizer products
during the COVID–19 public health
emergency. We note, however, that
under the FD&C Act, whether an entity
is subject to OMUFA fees has no bearing
on whether the entity or the entity’s
products are subject to other
requirements under the FD&C Act. FDA
will continue to use its regulatory
compliance and enforcement tools to
protect consumers, including from
potentially dangerous or subpotent hand
sanitizers.
In undertaking the statutorily directed
fee calculations, the Agency also made
certain assumptions, including that: (1)
facilities using expired Structured
Product Labeling (SPL) codes in eDRLS,
that did not reregister for calendar year
2023, were no longer manufacturing and
marketing OTC monograph drugs; (2)
facilities that have deregistered in
eDRLS have exited the market; (3)
facilities that FDA believes registered
incorrectly as OTC monograph drug
facilities (for example, because the
associated drug listings for these
facilities did not include OTC
monograph drugs but instead indicated
such products as OTC drug products
under an approved drug application or
OTC animal drug products) were not
engaged in manufacturing or processing
the finished dosage form of an OTC
monograph drug; (4) facilities that
registered but did not have an active
OTC monograph drug product listing
associated in their registration profile
were not manufacturing or processing
such drug products; and (5) facilities
that, at the close of FY 2022, remain on
the arrears list for failure to satisfy the
FY 2021 or FY 2022 facility fee are
likely to be placed on the FY 2023
arrears list as well.
Based on the above-referenced factors
and assumptions, FDA estimates there
will be 1,122 OMUFA fee-paying units.
The Agency estimates that 60 percent
(1,122 × 0.60 = 673, rounded) will incur
11 See 87 FR 14888, https://
www.federalregister.gov/documents/2022/03/16/
2022-05542/over-the-counter-monograph-drug-userfee-rates-for-fiscal-year-2022.
12 See https://www.phe.gov/emergency/news/
healthactions/phe/Pages/2019-nCoV.aspx.
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the MDF fee and 40 percent (1,122 ×
0.40 = 449, rounded) will incur the
CMO fee.
To determine the number of full feepaying equivalents (the denominator) to
be used in setting the OMUFA fees, FDA
assigns a value of 1 to each MDF (673)
and a value of 2⁄3 to each CMO (449 ×
2⁄3 = 299) for a full facility equivalent of
972 (rounded). The target fee revenue of
$25,421,000 is then divided by 972 for
an MDF fee of $26,153 and a CMO fee
of $17,435.
18159
the balance due. Payment by credit card
is available for balances that are less
than $25,000. If the balance exceeds this
amount, only the ACH option is
available. Payments must be made using
U.S. bank accounts as well as U.S. credit
cards.
For payments made by wire transfer,
include the unique user fee ID number
to ensure that the payment is applied to
the correct fee(s). Without the unique
user fee ID number, the payment may
not be applied, which could result in
FDA not filing an OMOR request, or
V. Fee Schedule for FY 2023
other consequences of nonpayment. The
The fee rates for FY 2023 are
originating financial institution may
displayed in table 2.
charge a wire transfer fee. Applicable
wire transfer fees must be included with
TABLE 2—FEE SCHEDULE FOR FY
payment to ensure fees are fully paid.
Questions about wire transfer fees
2023
should be addressed to the financial
FY 2023 fee
institution. The account information for
Fee category
rates
wire transfers is as follows: U.S.
Department of the Treasury, TREAS
OMOR:
Tier 1 .................................
$517,381 NYC, 33 Liberty St., New York, NY
Tier 2 .................................
103,476 10045, Acct. No.: 75060099, Routing
No.: 021030004, SWIFT: FRNYUS33. If
Facility Fees:
MDF ..................................
26,153 needed, FDA’s tax identification
CMO ..................................
17,435 number is 53–0196965.
If you are assessed an FY 2023
OMUFA facility fee and believe your
VI. Fee Payment Options and
facility is not an OTC monograph drug
Procedures
facility as described in this notice,
The new fee rates are for the period
please contact CDERCollections@
from October 1, 2022, through
fda.hhs.gov.
September 30, 2023. To pay the OMOR,
Dated: March 22, 2023.
MDF, and CMO fees, complete an OTC
Lauren K. Roth,
Monograph User Fee Cover Sheet,
Associate Commissioner for Policy.
available at: https://userfees.fda.gov/
OA_HTML/omufaCAcdLogin.jsp.
[FR Doc. 2023–06299 Filed 3–24–23; 8:45 am]
A user fee identification (ID) number
BILLING CODE 4164–01–P
will be generated. Payment must be
made in U.S. currency by electronic
check or wire transfer, payable to the
DEPARTMENT OF HEALTH AND
order of the Food and Drug
HUMAN SERVICES
Administration. The preferred payment
method is online using electronic check National Institutes of Health
(Automated Clearing House (ACH) also
Eunice Kennedy Shriver National
known as eCheck) or credit card for
Institute of Child Health and Human
payments under $25,000 (Discover,
Development; Notice of Closed
VISA, MasterCard, American Express).
Meeting
FDA has partnered with the U.S.
Department of the Treasury to use
Pursuant to section 10(d) of the
Pay.gov, a web-based payment
Federal Advisory Committee Act, as
application, for online electronic
amended, notice is hereby given of the
payment. The Pay.gov feature is
following meeting of the National
available on the FDA website after
Institute of Child Health and Human
completing the OTC Monograph User
Development Special Emphasis Panel.
Fee Cover Sheet and generating the user
The meeting will be closed to the
fee ID number. Secure electronic
public in accordance with the
payments can be submitted using the
provisions set forth in sections
User Fees Payment Portal at https://
552b(c)(4) and 552b(c)(6), title 5 U.S.C.,
userfees.fda.gov/pay. (Note: Only full
as amended. The grant applications and
payments are accepted through https://
the discussions could disclose
userfees.fda.gov/pay. No partial
confidential trade secrets or commercial
payments can be made online). Once an property such as patentable material,
invoice is located, ‘‘Pay Now’’ should be and personal information concerning
selected to be redirected to Pay.gov.
individuals associated with the grant
Electronic payment options are based on applications, the disclosure of which
PO 00000
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Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18156-18159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06299]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2023-N-1007]
Over-the-Counter Monograph Drug User Fee Rates for Fiscal Year
2023
AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the fee rates under the over-the-counter (OTC) monograph drug user fee
program (OMUFA) for fiscal year (FY) 2023. The Federal Food, Drug, and
Cosmetic Act (FD&C Act) authorizes FDA to assess and collect user fees
from qualifying manufacturers of OTC monograph drugs and submitters of
OTC monograph order requests. This notice publishes the OMUFA fee rates
for FY 2023.
DATES: These fees are effective on October 1, 2022, and will remain in
effect through September 30, 2023.
FOR FURTHER INFORMATION CONTACT: Brandon Lee, Mitra Ramson, and the
User Fees Support Staff, Office of Financial Management, Food and Drug
Administration, 4041 Powder Mill Rd., Rm. 61075, Beltsville, MD 20705-
4304, [email protected], 202-510-1643.
SUPPLEMENTARY INFORMATION:
I. Background
Section 744M of the FD&C Act (21 U.S.C. 379j-72), as added by the
Coronavirus Aid, Relief, and Economic Security Act (CARES Act),
authorizes FDA to assess and collect: (1) facility fees from qualifying
owners of OTC monograph drug facilities and (2) fees from submitters of
qualifying OTC monograph order requests. These fees are to support
FDA's OTC monograph drug activities, which are detailed in section
744L(6) of the FD&C Act (21 U.S.C. 379j-71(6)) and include various FDA
activities associated with OTC monograph drugs and inspection of
facilities associated with such products.
For OMUFA purposes:
An OTC monograph drug is a nonprescription drug without an
approved new drug application that is governed by the provisions of
section 505G of the FD&C Act (21 U.S.C. 355h) (see section 744L(5) of
the FD&C Act);
An OTC monograph drug facility (MDF) is a foreign or
domestic business or other entity that, in addition to meeting other
criteria, is engaged in manufacturing or processing the finished dosage
form of an OTC monograph drug (see section 744L(10) of the FD&C Act);
A contract manufacturing organization (CMO) facility is an
OTC monograph drug facility where neither the owner nor any affiliate
of the owner or facility sells the OTC monograph drug produced at such
facility directly to wholesalers, retailers, or consumers in the United
States (see section 744L(2) of the FD&C Act); and
An OTC monograph order request (OMOR) is a request for an
administrative order, with respect to an OTC monograph drug, which is
submitted under section 505G(b)(5) of the FD&C Act (see section 744L(7)
of the FD&C Act).
Under section 744M(a)(1)(A) of the FD&C Act, a facility fee for FY
2023 shall be assessed with respect to each facility that is identified
as an OTC monograph drug facility during the fee-liable period from
January 1, 2022, through December 31, 2022.\1\ Consistent with the
statute, FDA will assess and collect facility fees with respect to the
two types of OTC monograph drug facilities--MDF and CMO facilities. A
full facility fee will be assessed to each qualifying person that owns
a facility identified as an MDF (see section 744M(a)(1)(A) of the FD&C
Act), and a reduced facility fee of two-thirds will be assessed to each
qualifying person that owns a facility identified as a CMO facility
(see section 744M(a)(1)(B)(ii) of the FD&C Act). The facility fees for
FY 2023 are due on June 1, 2023 (see section 744M(a)(1)(D)(ii) of the
FD&C Act).\2\
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\1\ Under section 744M(a)(1) of the FD&C Act, ``Each person that
owns a facility identified as an OTC monograph drug facility on
December 31 of the fiscal year or at any time during the preceding
12-month period shall be assessed an annual fee for each such
facility''. For purposes of FY 2023 facility fees, that time period
is January 1, 2022, through December 31, 2022.
\2\ Assuming that, as we anticipate, the FY 2023 fee
appropriation will occur prior to June 1, 2023. Under section
744M(a)(1)(D)(ii), the FY 2023 facility fees are due on the later
of: (1) the first business day of June 2023 (i.e., June 1, 2023) or
(2) the first business day after the enactment of an appropriations
Act providing for the collection and obligation of FY 2023 OMUFA
fees.
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[[Page 18157]]
As discussed in greater detail below:
OTC monograph drug facilities are exempt from FY 2023
facility fees if they had ceased OTC monograph drug activities, and
updated their registration with FDA to that effect, prior to December
31, 2021 (see section 744M(a)(1)(B)(i) of the FD&C Act).
Entities that registered with FDA during the Coronavirus
Disease 2019 (COVID-19) pandemic whose sole activity with respect to
OTC monograph drugs during the pandemic consists (or had consisted) of
manufacturing OTC hand sanitizer products \3\ are not identified as OTC
monograph drug facilities subject to OMUFA facility fees.\4\
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\3\ The term ``hand sanitizer'' commonly refers to consumer
antiseptic rubs. However, because the Health and Human Services
(HHS) notice published January 12, 2021, referred to ``persons that
entered the over-the-counter drug market to supply hand sanitizer
products in response to the COVID-19 Public Health Emergency'' (86
FR 2420, https:www.federalregister.gov/documents/2021/01/12/2021-00237/notice-that-persons-that-entered-the-over-the-counter-drug-market-to-supply-hand-sanitizer-during), we are using the same
terminology--``hand sanitizer products''--to refer to OTC monograph
drug products intended for use (without water) as antiseptic hand
rubs or antiseptic hand wipes by consumers or healthcare personnel.
\4\ See HHS Federal Register notice of January 12, 2021, 86 FR
2420, https://www.federalregister.gov/documents/2021/01/12/2021-00237/notice-that-persons-that-entered-the-over-the-counter-drug-market-to-supply-hand-sanitizer-during.
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In addition to facility fees, the Agency is authorized to assess
and collect fees from submitters of OMORs, except for OMORs that
request certain safety-related changes (as discussed below). There are
two levels of OMOR fees, based on whether the OMOR at issue is a Tier 1
or Tier 2 OMOR.\5\
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\5\ Under OMUFA, a Tier 1 OMOR is defined as any OMOR that is
not a Tier 2 OMOR (see section 744L(8) of the FD&C Act). Tier 2
OMORs are detailed in section 744L(9) of the FD&C Act.
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For FY 2023, the OMUFA fee rates are: Tier 1 OMOR fees ($517,381),
Tier 2 OMOR fees ($103,476), MDF facility fees ($26,153), and CMO
facility fees ($17,435). These fees are effective for the period from
October 1, 2022, through September 30, 2023.\6\ This document is issued
pursuant to section 744M(a)(4) and 744M(c)(4)(B) of the FD&C Act and
describes the calculations used to set the OMUFA facility fees and OMOR
fees for FY 2023 in accordance with the directives in the statute.
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\6\ These OMUFA fees are for FY 2023, per section 744M(a) of the
FD&C Act.
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II. Facility Fee Revenue Amount for FY 2023
A. Base Fee Revenue Amount
Under OMUFA, FDA sets annual facility fees to generate the total
facility fee revenues for each fiscal year established by section
744M(b) of the FD&C Act. The yearly base revenue amount is the starting
point for setting annual facility fee rates. The base revenue for FY
2023 is the dollar amount of the total revenue amount for the previous
fiscal year, without certain adjustments made for that previous year,
and is $15,112,328 (see section 744M(b)(3)(B) of the FD&C Act).
B. Fee Revenue Adjustment for Inflation
Under OMUFA, the annual base revenue amount for facility fees is
adjusted for inflation for FY 2023 and each subsequent fiscal year (see
section 744M(c)(1) of the FD&C Act). That provision states that the
dollar amount of the inflation adjustment is equal to the product of
the annual base revenue for the fiscal year and the inflation
adjustment percentage. For each of FYs 2022 and 2023, the inflation
adjustment percentage is equal to 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;
Annual Index) for the first 3 years of the preceding 4 years of
available data (section 744M(c)(1)(C) of the FD&C Act). As a result of
a geographical revision made by the Bureau of Labor and Statistics in
January 2018, the ``Washington, DC-Baltimore'' index was discontinued
and replaced with two separate indices (i.e., the ``Washington-
Arlington-Alexandria'' and ``Baltimore-Columbia-Towson'' indices). To
continue applying a CPI that best reflects the geographic region in
which FDA is located and that provides the most current data available,
the ``Washington-Arlington-Alexandria'' index is used in calculating
the inflation adjustment percentage. Table 1 provides the summary data
for the percent changes in the specified CPI for the Washington-
Arlington-Alexandria, DC-VA-MD-WV. The data are published by the Bureau
of Labor Statistics on its website: https://data.bls.gov/pdq/SurveyOutputServlet?data_tool=dropmap&series_id=CUURS35ASA0,CUUSS35ASA0.
Table 1--Annual and 3-Year Average Percent Change in CPI for Washington-Arlington-Alexandria, DC-VA-MD-WV Area
----------------------------------------------------------------------------------------------------------------
Year 2019 2020 2021 3-Year average
----------------------------------------------------------------------------------------------------------------
Annual CPI................................... 264.78 267.16 277.73 .................
Annual Percent Change........................ 1.2745% 0.8989% 3.9568% 2.0434%
----------------------------------------------------------------------------------------------------------------
Pursuant to the statute, the FY 2023 base revenue of $15,112,328 is
increased by 2.0434 percent, yielding an inflation adjusted base
revenue amount of $15,421,133 for FY 2023 (see section 744M(c)(1)(A)).
C. Additional Dollar Amounts
For FY 2023, the inflation adjusted revenue amount of $15,421,133
is increased by an additional dollar amount of $6 million as specified
in the statute (see section 744M(b)(2)(E) of the FD&C Act). This yields
an adjusted fee revenue subtotal of $21,421,133.
D. Fee Revenue Adjustment for Additional Direct Cost
Fee revenue is further adjusted for additional direct costs as
specified in the statute. In FY 2023, $4 million is added to the
facility fee revenues to account for additional direct costs (see
section 744M(c)(3)(B) of the FD&C Act). Adding the additional direct
costs amount of $4 million to $21,421,133 yields an additional direct
cost adjusted fee revenue of $25,421,133.
E. Fee Revenue Adjustment for Operating Reserve
Under OMUFA, FDA may further increase the FY 2023 facility fee
revenue and fees if such an adjustment is necessary to provide up to 10
weeks of operating reserves of carryover user fees for OTC monograph
drug activities (see section 744M(c)(2)(B) of the FD&C Act).
Accordingly, in setting fees for FY 2023, the Agency must estimate its
carryover for FY 2023 to ensure the Agency has sufficient carryover to
continue its OTC monograph drug activities, as required under the
statute, including an
[[Page 18158]]
operating reserve to mitigate certain financial risks, such as under
collections, unanticipated surges in program costs, or a lapse in
appropriations. Under the statute, if FDA has carryover for OTC
monograph drug activities that would exceed 10 weeks of such operating
reserves, FDA is required to decrease FY 2023 fee revenues and fees to
provide for not more than 10 weeks of operating reserves of carryover
user fees (see section 744M(c)(2)(C) of the FD&C Act).
Per the statute, OMUFA facility fees are not due until the third
quarter of each fiscal year (i.e., the first business day in June). To
address this timing of facility fee collections for late in the fiscal
year, the Agency must set aside additional carryover, beyond that for
an operating reserve, to sustain the Agency's OTC monograph drug
activities until the facility fees for the subsequent fiscal year are
due and payable on the first business day in June (i.e., June 3, 2024).
Thus, the Agency will require FY 2023 carryover sufficient to cover
payroll and operating expenses for the first 8 months (i.e., 35 weeks
rounded) of the following fiscal year (i.e., October 1, 2023, to May
31, 2024).
To determine the carryover needed, the Agency starts with the
additional direct cost adjusted fee revenue of $25,421,133 (calculated
in section D), divides it by 52 to yield a weekly operating amount of
$488,868, and then multiplies the weekly operating amount by 35. Based
on this calculation, FDA requires $17,110,378 to support the program
until the FY 2024 fees are due. After running analyses on the projected
collections and obligations for FY 2023, including accounting for
possible financial risks described above, FDA estimates the FY 2023
carryover to be $17,113,657 which is the approximate amount required to
support the program through the 35-week period.
Therefore, FDA is not applying an operating reserve adjustment for
FY 2023. As a result of the above calculations, the final FY 2023 OMUFA
target facility fee revenue is $25,421,000 (rounded to the nearest
thousand dollars).
III. Determination of FY 2023 OMOR Fees
Under OMUFA, the FY 2023 Tier 1 OMOR fee is $517,381 and the Tier 2
OMOR fee is $103,476 (see section 744M(a)(2)(A)(i) and (ii) of the FD&C
Act, respectively) including an adjustment for inflation. OMOR fees are
not included in the OMUFA target revenue calculation, which is based on
the facility fees (see section 744M(b)(1) of the FD&C Act).
An OMOR fee is generally assessed to each person who submits an
OMOR (see section 744M(a)(2)(A) of the FD&C Act). OMOR fees are due on
the date of the submission of the OMOR (see section 744M(a)(2)(B) of
the FD&C Act). The payor should submit the OMOR fee that applies to the
type of OMOR they are submitting (i.e., Tier 1 or Tier 2). FDA will
determine whether the appropriate OMOR fee has been submitted following
receipt of the OMOR and the fee.
An OMOR fee will not be assessed if the OMOR seeks to make certain
safety changes with respect to an OTC monograph drug. Specifically, no
fee will be assessed if FDA finds that the OMOR seeks to change the
drug facts labeling of an OTC monograph drug in a way that would add to
or strengthen: (1) a contraindication, warning, or precaution; (2) a
statement about risk associated with misuse or abuse; or (3) an
instruction about dosage and administration that is intended to
increase the safe use of the OTC monograph drug (see section
744M(a)(2)(C) of the FD&C Act).
IV. Facility Fee Calculations
A. Facility Fee Revenues and Fees
For FY 2023, facility fee rates are being established to generate a
total target revenue amount, as determined under the statute, equal to
$25,421,000 (rounded to the nearest thousand dollars). FDA used the
methodology described below to determine the appropriate number of MDF
and CMO facilities to be used in setting the OMUFA facility fees for FY
2023. FDA took into consideration that the CMO facility fee is equal to
two-thirds of the amount of the MDF facility fee (see section
744M(a)(1)(B)(ii) of the FD&C Act).
B. Calculating the Number of Qualifying Facilities and Setting the
Facility Fees
For FY 2023, FDA utilized data consisting of the number of
facilities that were registered in FDA's electronic Drug Registration
and Listing System (eDRLS) to manufacture human OTC products produced
under a monograph \7\ during the FY 2022 fee-liable period (i.e.,
January 1, 2021, through December 31, 2021) and the number of
facilities that paid FY 2022 OMUFA fees, as the primary sources for
estimating the number of each facility fee type (i.e., MDF and CMO). In
addition, the Agency considered data provided by firms regarding their
operation as MDFs and CMOs during FY 2022 (i.e., October 1, 2021,
through September 30, 2022) when they were submitting OTC Monograph
User Fee Cover Sheets to pay the FY 2022 fee. These data helped FDA
estimate the number of firms operating as MDF and CMO facilities during
the FY 2023 fee-liable period (i.e., January 1, 2022, through December
31, 2022) \8\ and thus informed FDA's calculation of the number and
ratio of MDF and CMO facilities used in determining the FY 2023 fee
rates. FDA's review of data also reflected input received during the
first three quarters of the FY 2023 fee-liable period from facilities
whose manufacturing or processing practices meet the definition of fee-
eligible OTC monograph drug facilities, to help capture those
facilities that are in the market and intend to remain in the market
for FY 2023.
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\7\ See section 744M(d) of the FD&C Act. OTC monograph drug
facilities had selected in the eDRLS the business operation
qualifiers of ``manufactures human over-the-counter drug products
produced under a monograph'' or ``contract manufacturing for human
over-the-counter drug products produced under a monograph'' and
indicated at least one of the following business operations:
finished dosage form manufacture, label, manufacture, pack, relabel,
or repack.
\8\ Under section 744M(a)(1) of the FD&C Act, ``Each person that
owns a facility identified as an OTC monograph drug facility on
December 31 of the fiscal year or at any time during the preceding
12-month period shall be assessed an annual fee for each such
facility'' (emphasis added).
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Those facilities that only manufacture the active pharmaceutical
ingredient of an OTC monograph drug do not meet the definition of an
OTC monograph drug facility (see section 744L(10)(A)(i)(II)) of the
FD&C Act). Likewise, a facility is not an OTC monograph drug facility
if its only manufacturing or processing activities are one or more of
the following: (1) production of clinical research supplies; (2)
testing; or (3) placement of outer packaging on packages containing
multiple products, for such purposes as creating multipacks, when each
monograph drug product contained within the overpackaging is already in
a final packaged form prior to placement in the outer overpackaging
(see section 744L(10)(A)(iii) of the FD&C Act).
Consistent with the January 12, 2021 HHS Federal Register notice
\9\ and FDA's subsequent Federal Register notices published on March
26, 2021 and March 16, 2022 announcing the FY
[[Page 18159]]
2021 and FY 2022 OMUFA fees (respectively),10 11 facilities
are not identified as an ``OTC monograph drug facility'' and will not
be assessed a FY 2023 OMUFA facility fee if they: (1) were not
registered with FDA as OTC drug manufacturers prior to the HHS
declaration of the COVID-19 public health emergency on January 27,
2020; \12\ (2) registered with FDA on or after the declaration of the
COVID-19 public health emergency; and (3) registered for the sole
purpose of producing hand sanitizer products during the COVID-19 public
health emergency. We note, however, that under the FD&C Act, whether an
entity is subject to OMUFA fees has no bearing on whether the entity or
the entity's products are subject to other requirements under the FD&C
Act. FDA will continue to use its regulatory compliance and enforcement
tools to protect consumers, including from potentially dangerous or
subpotent hand sanitizers.
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\9\ See 86 FR 2420, https://www.federalregister.gov/documents/2021/01/12/2021-00237/notice-that-persons-that-entered-the-over-the-counter-drug-market-to-supply-hand-sanitizer-during.
\10\ See 86 FR 16223, https://www.federalregister.gov/documents/2021/03/26/2021-06361/fee-rates-under-the-over-the-counter-monograph-drug-user-fee-program-for-fiscal-year-2021.
\11\ See 87 FR 14888, https://www.federalregister.gov/documents/2022/03/16/2022-05542/over-the-counter-monograph-drug-user-fee-rates-for-fiscal-year-2022.
\12\ See https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx.
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In undertaking the statutorily directed fee calculations, the
Agency also made certain assumptions, including that: (1) facilities
using expired Structured Product Labeling (SPL) codes in eDRLS, that
did not reregister for calendar year 2023, were no longer manufacturing
and marketing OTC monograph drugs; (2) facilities that have
deregistered in eDRLS have exited the market; (3) facilities that FDA
believes registered incorrectly as OTC monograph drug facilities (for
example, because the associated drug listings for these facilities did
not include OTC monograph drugs but instead indicated such products as
OTC drug products under an approved drug application or OTC animal drug
products) were not engaged in manufacturing or processing the finished
dosage form of an OTC monograph drug; (4) facilities that registered
but did not have an active OTC monograph drug product listing
associated in their registration profile were not manufacturing or
processing such drug products; and (5) facilities that, at the close of
FY 2022, remain on the arrears list for failure to satisfy the FY 2021
or FY 2022 facility fee are likely to be placed on the FY 2023 arrears
list as well.
Based on the above-referenced factors and assumptions, FDA
estimates there will be 1,122 OMUFA fee-paying units. The Agency
estimates that 60 percent (1,122 x 0.60 = 673, rounded) will incur the
MDF fee and 40 percent (1,122 x 0.40 = 449, rounded) will incur the CMO
fee.
To determine the number of full fee-paying equivalents (the
denominator) to be used in setting the OMUFA fees, FDA assigns a value
of 1 to each MDF (673) and a value of \2/3\ to each CMO (449 x \2/3\ =
299) for a full facility equivalent of 972 (rounded). The target fee
revenue of $25,421,000 is then divided by 972 for an MDF fee of $26,153
and a CMO fee of $17,435.
V. Fee Schedule for FY 2023
The fee rates for FY 2023 are displayed in table 2.
Table 2--Fee Schedule for FY 2023
------------------------------------------------------------------------
FY 2023 fee
Fee category rates
------------------------------------------------------------------------
OMOR:
Tier 1................................................ $517,381
Tier 2................................................ 103,476
Facility Fees:
MDF................................................... 26,153
CMO................................................... 17,435
------------------------------------------------------------------------
VI. Fee Payment Options and Procedures
The new fee rates are for the period from October 1, 2022, through
September 30, 2023. To pay the OMOR, MDF, and CMO fees, complete an OTC
Monograph User Fee Cover Sheet, available at: https://userfees.fda.gov/OA_HTML/omufaCAcdLogin.jsp.
A user fee identification (ID) number will be generated. Payment
must be made in U.S. currency by electronic check or wire transfer,
payable to the order of the Food and Drug Administration. The preferred
payment method is online using electronic check (Automated Clearing
House (ACH) also known as eCheck) or credit card for payments under
$25,000 (Discover, VISA, MasterCard, American Express).
FDA has partnered with the U.S. Department of the Treasury to use
Pay.gov, a web-based payment application, for online electronic
payment. The Pay.gov feature is available on the FDA website after
completing the OTC Monograph User Fee Cover Sheet and generating the
user fee ID number. Secure electronic payments can be submitted using
the User Fees Payment Portal at https://userfees.fda.gov/pay. (Note:
Only full payments are accepted through https://userfees.fda.gov/pay.
No partial payments can be made online). Once an invoice is located,
``Pay Now'' should be selected to be redirected to Pay.gov. Electronic
payment options are based on the balance due. Payment by credit card is
available for balances that are less than $25,000. If the balance
exceeds this amount, only the ACH option is available. Payments must be
made using U.S. bank accounts as well as U.S. credit cards.
For payments made by wire transfer, include the unique user fee ID
number to ensure that the payment is applied to the correct fee(s).
Without the unique user fee ID number, the payment may not be applied,
which could result in FDA not filing an OMOR request, or other
consequences of nonpayment. The originating financial institution may
charge a wire transfer fee. Applicable wire transfer fees must be
included with payment to ensure fees are fully paid. Questions about
wire transfer fees should be addressed to the financial institution.
The account information for wire transfers is as follows: U.S.
Department of the Treasury, TREAS NYC, 33 Liberty St., New York, NY
10045, Acct. No.: 75060099, Routing No.: 021030004, SWIFT: FRNYUS33. If
needed, FDA's tax identification number is 53-0196965.
If you are assessed an FY 2023 OMUFA facility fee and believe your
facility is not an OTC monograph drug facility as described in this
notice, please contact [email protected].
Dated: March 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-06299 Filed 3-24-23; 8:45 am]
BILLING CODE 4164-01-P