[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46929-46935]
[FR Doc No: 2016-16916]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1895]

Prescription Drug User Fee Act; Public Meeting; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
a public meeting to discuss proposed recommendations for the
reauthorization of the Prescription Drug User Fee Act (PDUFA) for
fiscal years (FYs) 2018 through 2022. PDUFA authorizes FDA to collect
fees and use them for the process for the review of human drug
applications. The current legislative authority for PDUFA expires in
September 2017. At that time, new legislation will be required for FDA
to continue collecting prescription drug user fees in future fiscal
years. Following discussions with the regulated industry and periodic
consultations with public stakeholders, the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) directs FDA to publish the recommendations
for the reauthorized program in the Federal Register, hold a meeting at
which the public may present its views on such recommendations, and
provide for a period of 30 days for the public to provide written
comments on such recommendations. FDA will then consider such public
views and comments and revise such recommendations as necessary.

DATES: The public meeting will be held on August 15, 2016, from 9 a.m.
to 2 p.m. Please register for the meeting by August 8, 2016, at http://pdufareauthorization.eventbrite.com. Submit electronic or written
comments to the public docket by August 22, 2016.

ADDRESSES: The meeting and workshop will be held at the FDA White Oak
Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great
Room (Rm. 1503, Section A), Silver Spring, MD 20993-0002. Participants
must enter through Building 1 and undergo security screening. For more
information on parking and security procedures, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential,

if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-1895 for ``Prescription Drug User Fee Act; Public Meeting.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    FDA will post the agenda approximately 5 days before the meeting
at: http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm446608.htm.

FOR FURTHER INFORMATION CONTACT: Graham Thompson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1146, Silver Spring, MD 20993, 301-796-
5003, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Introduction

    FDA is announcing a public meeting to discuss proposed
recommendations for the reauthorization of PDUFA, the legislation that
authorizes FDA to collect user fees and use them for the process for
the review of human drug applications. The current authorization of the
program (PDUFA V) expires in September 2017. Without new legislation,
FDA will no longer be able to collect user fees for future fiscal years
to fund the process for the review of human drug applications. Section
736B(d)(4) of the FD&C Act (21 U.S.C. 379h-2(d)(4)) requires that after
FDA holds negotiations with regulated industry and periodic
consultations with stakeholders, we do the following: (1) Present
recommendations to the relevant Congressional committees, (2) publish
recommendations in the Federal Register, (3) provide a period of 30
days for the public to provide written comments on the recommendations,
(4) hold a meeting at which the public may present its views, and (5)
after consideration of public views and comments, revise the
recommendations as necessary.
    This notice, the 30-day comment period, and the public meeting will
satisfy some of these requirements. After the public meeting, we will
revise the recommendations as necessary and present our proposed
recommendations to the Congressional committees.
    The purpose of the meeting is to hear the public's views on the
proposed recommendations for the reauthorized program (PDUFA VI). The
following information is provided to help potential meeting
participants better understand the history and evolution of the PDUFA
program and the current status of the proposed PDUFA VI
recommendations.

II. What is PDUFA and what does it do?

    PDUFA is a law that authorizes FDA to collect fees from drug
companies that submit marketing applications for certain human drug and
biological products. PDUFA was originally enacted in 1992 as the
Prescription Drug User Fee Act (Pub. L. 102-571) for a period of 5
years. In 1997, Congress passed the FDA Modernization Act (FDAMA, Pub.
L. 105-115) that reauthorized the program (PDUFA II) for an additional
5 years. In 2002, Congress extended PDUFA again through FY 2007 (PDUFA
III) in the Public Health Security and Bioterrorism Preparedness and
Response Act (Pub. L. 107-188). In 2007, Title I of the Food and Drug
Administration Amendments Act of 2007 (FDAAA, Pub. L. 110-85)
reauthorized PDUFA through FY 2012 (PDUFA IV). Most recently, PDUFA was
reauthorized through FY 2017 (PDUFA V) as Title I of the Food and Drug
Administration Safety and Innovation Act (FDASIA, Pub. L. 112-144).
    PDUFA's intent is to provide additional revenues so that FDA can
hire more staff, improve systems, and establish a better-managed human
drug review process to make important therapies available to patients
sooner without compromising review quality or FDA's high standards for
safety, efficacy, and quality. As part of FDA's agreement with industry
during each reauthorization, the Agency agrees to certain performance
goals. These goals apply to the process for the review of new human
drug and biological product applications, resubmissions of original
applications, and supplements to approved applications. During the
first few years of PDUFA I, the additional funding enabled FDA to
eliminate backlogs of original applications and supplements. Phased in
over the 5 years of PDUFA I, the goals were to review and act on 90
percent of priority new drug applications (NDAs), biologics license
applications (BLAs), and efficacy supplements within 6 months of
submission of a complete application; to review and act on 90 percent
of standard original NDAs, BLAs, and efficacy supplements within 12
months; and to review and act on resubmissions and manufacturing
supplements within 6 months. Over the course of PDUFA I, FDA exceeded
all of these performance goals and significantly reduced median review
times of both priority and standard NDAs and BLAs.
    Under PDUFA II, some of the review performance goals were shortened
and new procedural goals were added to improve FDA's interactions with
industry sponsors and to help facilitate the drug development process.
The procedural goals, for example, articulated timeframes for
scheduling sponsor-requested meetings intended to address issues or
questions regarding specific drug development programs, as well as
timeframes for the timely response to industry-submitted questions on
special study protocols. FDA met or exceeded nearly all of the review
and procedural goals under PDUFA II. However, concerns grew that
overworked review teams often had to return applications as
``approvable''

because they did not have the resources and sufficient staff time to
work with the sponsors to resolve issues so that applications could be
approved in the first review cycle.
    A sound financial footing and support for limited postmarket risk
management were key themes of PDUFA III. Base user fee resources were
significantly increased and a mechanism to account for changes in human
drug review workload was adopted. PDUFA III also expanded the scope of
user fee activities to include postmarket surveillance of new therapies
for up to 3 years after marketing approval. FDA committed to the
development of guidance for industry on risk assessment, risk
management, and pharmacovigilance as well as guidance to review staff
and industry on good review management principles and practices
(GRMPs). Initiatives to improve application submissions and Agency-
sponsored interactions during the drug development and application
review processes were also adopted.
    With PDUFA's reauthorization under FDAAA Title I (PDUFA IV), FDA
obtained a significant increase in base fee funding and committed to
full implementation of GRMPs, which includes providing a planned review
timeline for premarket review, development of new guidance for industry
on innovative clinical trials, modernization of postmarket safety, and
elimination of the 3-year limitation on fee support for postmarket
surveillance. Additional provisions in FDAAA (Titles IV, V, and IX)
gave FDA additional statutory authority that increased the pre- and
postmarket review process requirements, added new deadlines, and
effectively increased review workload. Specifically, the new provisions
expanded FDA's drug safety authorities such as the authority to require
risk evaluation mitigation strategies, order safety labeling changes,
and require postmarket studies.
    With the current authorization of PDUFA under Title I of FDASIA,
FDA implemented a new review program (``the Program'') to promote
greater transparency and increase communication between the FDA review
team and the applicant on the most innovative products reviewed by the
Agency. The Program applies to all new molecular entity (NME) NDAs and
original BLAs received by the Agency from October 1, 2012, through
September 30, 2017. The Program adds new opportunities for
communication between the FDA review team and the applicant during
review of a marketing application, including mid-cycle communications
and late-cycle meetings, while adding 60 days to the review clock to
provide for this increased interaction and to address review issues for
these complex applications. PDUFA V also required two assessments of
the impact of the Program. The first of these, the interim assessment,
is available on FDA's Web site at http://www.fda.gov/downloads/ForIndustry/UserFees/PrescriptionDrugUserFee/UCM436448.pdf.
    In addition to continued commitment to a significant set of review,
processing, and procedural goals, PDUFA V also included commitments
related to enhancing regulatory science and expediting drug
development, enhancing benefit-risk assessment in regulatory
decisionmaking, modernizing the FDA drug safety system, and improving
the efficiency of human drug application review by requiring electronic
submissions and standardization of electronic drug application data.
The PDUFA V Commitment Letter requires that FDA report on the progress
in satisfying these commitments in the annual PDUFA performance report.
The annual performance reports can be found at http://www.fda.gov/AboutFDA/ReportsManualsForms/Reports/UserFeeReports/PerformanceReports/ucm2007449.htm. More information about FDA's implementation of PDUFA V
can also be found at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm272170.htm.

III. Proposed PDUFA VI Recommendations

    In preparing the proposed recommendations to Congress for PDUFA
reauthorization, FDA conducted discussions with the regulated industry
and consulted with stakeholders, as required by the law. We began the
PDUFA reauthorization process by publishing a notice in the Federal
Register requesting public input on the reauthorization and announcing
a public meeting that was held on July 15, 2015. The meeting included
presentations by FDA and a series of panels with representatives of
different stakeholder groups, including patient advocates, consumer
groups, regulated industry, health professionals, and academic
researchers. The materials from the meeting, including a transcript and
Webcast recording, can be found at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm446608.htm.
    Following the July 2015 public meeting, FDA conducted negotiations
with the regulated industry and held monthly consultations with
stakeholders from September 2015 through February 2016. As directed by
Congress, FDA posted minutes of these meetings on its Web site at
http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm446608.htm.
    The proposed enhancements for PDUFA VI address many of the top
priorities identified by public stakeholders, the regulated industry,
and FDA. While some of the proposed enhancements are new, many either
build on successful enhancements or refine elements from the existing
program. The enhancements are proposed in the following areas:
Premarket review, regulatory decision tools, postmarketing evaluation,
electronic submissions and data standards, and administrative areas
(hiring and financial management). The full text of the proposed PDUFA
VI commitment letter can be found here at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm446608.htm. Each
significant new or modified enhancement is described briefly below:

A. Program for Enhanced Review Transparency and Communication for NME
NDAs and Original BLAs

    The program for enhanced review transparency and communication for
NME NDAs and original BLAs (the Program), first established in PDUFA V,
provides for additional communication between FDA review teams and the
applicants of NME NDAs or original BLAs in the form of pre-submission
meetings, mid-cycle communications, and late-cycle meetings, while also
adding 60 days to the review timeframe to accommodate this additional
interaction. An interim assessment of the Program suggested that the
Program has created conditions that enhance the ability of applicants
and FDA reviewers to work toward application approval in the first
cycle (see http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm327030.htm).
    For PDUFA VI, FDA proposes to maintain the Program with minor
modifications to reduce administrative burden and increase flexibility
to the benefit of FDA review teams and applicants. FDA proposes to
provide an option for the FDA review team and the applicant to agree on
a formal communication plan to govern interactions during the
application review. The formal communication plan may or may not
include Program elements (e.g. mid-cycle communication, late-cycle
meeting) and may include other interactions that are not part of the
Program (e.g. application

orientation meetings). Additional flexibility is also provided for
scheduling of advisory committee (AC) meetings and an option for an
informal teleconference following the AC meeting is provided as well
for purposes of discussing the committee's input. Review activities
involving FDA's controlled substance scheduling recommendations are
also to be discussed at Program meetings, if relevant. Applications
that receive a refuse-to-file action and are subsequently filed over
protest are now subject to the Program review performance goals, but do
not benefit from the Program interactions; additionally any subsequent
resubmissions for applications filed over protest are not subject to
any review performance goals.
    This enhancement is described in section I.B. of the proposed PDUFA
VI commitment letter.

B. Goal Extensions for Missing Manufacturing Facilities

    Inspections late in the review process of inadequately identified
manufacturing facilities can adversely impact FDA's ability to complete
application review within the performance goal timeframes. FDA proposes
to extend the goal date for an original application or an efficacy
supplement when it identifies a need to inspect a facility that was not
included in a comprehensive and readily located list of manufacturing
facilities. This enhancement is described in section I.A.5.b of the
proposed PDUFA VI commitment letter.

C. Meeting Management

    The number of requests for formal meetings between sponsors and the
FDA is rapidly increasing; in FY 2015 alone, FDA received over 3,000
requests for formal PDUFA meetings with sponsors. The background
packages for these meetings are increasingly complex which creates
challenges for FDA to review and deliberate internally before providing
advice to sponsors on complex drug development questions within current
performance goal timeframes. To help address this issue, FDA proposes
to create a new Type B End of Phase (EOP) meeting type for certain EOP
1 and EOP 2/pre-phase 3 meetings. The performance goal timeframes for
responses to meeting requests, submission of meeting background
packages, and FDA's issuance of preliminary responses for the Type B
(EOP) meetings and the Type C meetings would be modified to provide
adequate time for FDA review and response. Sponsors would receive
preliminary responses to their questions no later than five calendar
days before the scheduled meeting, providing the sponsor with time to
evaluate whether an in-person meeting would still be necessary.
Sponsors would also be able to request a Written Response Only for any
meeting type. The language for meeting management is described in
section I.H of the proposed PDUFA VI commitment letter.

D. Enhancing Regulatory Science and Expediting Drug Development

    The enhancements under this section focus on enhancing regulatory
science and expediting drug development. Regulatory science, in this
context, is the science of developing and applying new tools,
standards, and approaches to assess the safety, effectiveness, quality,
and performance of FDA-regulated drug products. The details of these
enhancements can be found in section I.I of the proposed PDUFA VI
commitment letter.
1. FDA-Sponsor Communication During Drug Development
    FDA recognizes that timely interactive communication with sponsors
can help foster efficient and effective drug development. Under
commitments in PDUFA V, FDA focused on improving communication between
FDA and sponsors during drug development by establishing a dedicated
drug development communications and training staff in the Center for
Drug Evaluation and Research (CDER) and augmenting existing
communications staff in the Center for Biologics Evaluation and
Research (CBER). Under PDUFA VI, FDA proposes to build on this
enhancement by conducting a third-party evaluation of current
communication practices between FDA and sponsors during drug
development, to convene a public workshop to discuss results of this
evaluation, and then to update the guidance on ``Best Practices for
Communication Between IND Sponsors and FDA During Drug Development,''
if necessary (available here: http://www.fda.gov/downloads/drugs/guidancecomplianceregulatoryinformation/guidances/ucm475586.pdf).
2. Breakthrough Therapies
    FDASIA established a new designation, breakthrough therapy, for
drugs intended to treat a serious or life threatening disease or
condition where preliminary clinical evidence indicates that the drug
may demonstrate substantial improvement over existing therapies on one
or more clinically significant endpoints. Utilization of the
breakthrough therapy program has been higher than anticipated with over
300 requests for designation received, and over 100 granted (as of
March 2016). Additional resources will enable the FDA to continue to
work closely with sponsors throughout the development and review of
breakthrough therapies. Both the FDA and the regulated industry are
committed to ensuring the expedited development and review of
innovative therapies for serious or life-threatening diseases by
investing additional resources in the breakthrough therapy program
during PDUFA VI.
3. Early Consultation on New Surrogate Endpoints
    FDA recognizes that early consultation can be important to an
efficient development program when a sponsor intends to use a biomarker
as a new surrogate endpoint that has never been used as the primary
basis for product approval in the proposed context of use. Early
consultation enables the FDA review team to consult with senior
management to evaluate the sponsor's proposal before providing advice
to the sponsor on a critical aspect of their development program. FDA
proposes that these requests for early consultation in PDUFA VI be
considered as Type C meeting requests. The purpose of the meeting will
be to discuss the feasibility of the surrogate as a primary endpoint,
any knowledge gaps, and how these gaps should be addressed before the
surrogate endpoint could be used as the primary basis for approval. To
qualify for this consultation, the meeting background package will be
due at the time of the meeting request and must include preliminary
human data indicating the impact of the drug on the biomarker.
4. Rare Disease Drug Development
    In PDUFA VI, FDA proposes to build on the success of the Rare
Disease Program (RDP) by continuing to advance and facilitate the
development and timely approval of drugs and biologics for rare
diseases, including diseases in children. In addition to providing
training for review staff related to development and review of drugs
for rare diseases and engaging in outreach to external stakeholders,
the RDP staff in CDER will be integrated into review teams for rare
disease development programs and application review, while the RDP
Staff in CBER will ensure that CBER's review offices consider flexible
and feasible approaches in review. The RDP will also continue to foster
collaborations in the development of tools to support rare disease drug
development and facilitate interactions

between stakeholders to increase awareness of FDA regulatory programs
and engagement of patients in FDA's regulatory decisionmaking.
5. Advancing Development of Drug-Device and Biologic-Device Combination
Products Regulated by CBER and CDER
    Under PDUFA VI FDA will pursue the opportunity to improve inter-
center and intra-center combination review coordination and
transparency for PDUFA-led products. FDA proposes to enhance staff
capacity and capability across the relevant medical product centers and
the Office of Combination Products to more efficiently, effectively,
and consistently review drug and device-led combination products. FDA
also proposes to streamline the process for combination product review
and to improve the Agency's ability to track drug and device-led
combination product review workload, including a third party assessment
of current practices for combination drug product review.
    Under this enhancement FDA will also establish new performance
goals and submission procedures for the review of human factors
protocols for PDUFA combination products. These goals will be to
provide the sponsor with written comments on these protocols within 60
days of receipt. The goals to provide written comments within 60 days
will begin at the 50 percent level in FY 2019, and increase to 90
percent by FY 2021.
    In addition, FDA proposes to publish draft guidance or update
previously published guidance on bridging studies and patient-oriented
labeling.
6. Enhancing Use of Real World Evidence for Use in Regulatory
Decisionmaking
    FDA recognizes the potential value of utilizing ``real-world''
evidence in evaluating not only the safety of medications but also
their effectiveness. To better understand how real-world evidence can
be generated and used appropriately in product evaluation, FDA proposes
to conduct one or more public workshops, as well as other appropriate
activities (e.g. pilot studies or methodology development projects).
Considering the available input, FDA will then publish draft guidance
on how real-world evidence can contribute to the assessment of safety
and effectiveness in regulatory submissions.
7. Enhancing Regulatory Decision Tools to Support Drug Development and
Review
    The enhancements under this section focus on enhancing regulatory
decision tools to support drug development and review. The details of
these enhancements can be found in section I.J of the proposed PDUFA VI
commitment letter.
8. Enhancing the Incorporation of the Patient's Voice in Drug
Development and Decisionmaking
    In PDUFA V, FDA conducted a series of Patient-Focused Drug
Development (PFDD) meetings with the aim to more systematically gather
patients' perspectives on their condition and available therapies to
treat their condition. Under PDUFA VI, FDA proposes to build on these
efforts to bridge from PFDD meetings to fit-for-purpose tools to
collect meaningful patient input that can be incorporated into
regulatory review. FDA proposes to develop a series of guidance
documents to advance the collection of meaningful patient input. The
publication of each draft guidance will be preceded by a public
workshop conducted by FDA to gather stakeholder input relevant to the
topics that will be the focus of that guidance. FDA also proposes to
publish a repository of publicly available tools on FDA's Web site as a
resource for stakeholders, to update internal policies and procedures,
as appropriate, to incorporate an increased focus on patient input, and
to enhance staff capacity to facilitate development and use of patient-
focused methods to inform drug development and regulatory decisions.
9. Enhancing Benefit-Risk Assessment in Regulatory Decisionmaking
    Ensuring the safety, effectiveness, and quality of drug products is
an increasingly complicated regulatory task, requiring FDA's expert
consideration of a multitude of complex factors. During PDUFA V, FDA
implemented an enhanced structured approach to benefit-risk assessment
in regulatory decisionmaking for drug products. In PDUFA VI, FDA
proposes to publish an update to its benefit-risk framework
implementation plan, to conduct an evaluation of the implementation of
the benefit-risk framework, to develop guidance on benefit-risk
assessments for new drugs and biologics, and to revise relevant
policies and procedures to include new approaches that incorporate the
benefit-risk framework into the human drug review program.
10. Advancing Model-Informed Drug Development
    The development and application of exposure-based, biological, and
statistical models derived from preclinical and clinical data sources
can be used to inform regulatory decision-making, for example, in
determining patient selection in clinical trials, individualized dosing
for specific populations, or the need for post-marketing studies. To
facilitate the development and application of these approaches during
PDUFA VI, FDA proposes to convene a series of workshops to identify
best practices for model-informed drug development (MIDD), to conduct a
pilot program, to develop guidance on MIDD, and to update policies and
procedures, as appropriate, to incorporate guidelines for the
evaluation of MIDD approaches.
11. Enhancing Capacity To Review Complex Innovative Designs
    To facilitate the advancement and use of complex adaptive,
Bayesian, and other novel clinical trial designs during PDUFA VI, FDA
proposes to convene a public workshop on complex innovative trial
designs, publish guidance on complex innovative trial designs, to
conduct a pilot program, and to update policies and procedures as
appropriate to incorporate guidelines on evaluating complex innovative
trial designs.
12. Enhancing Capacity To Support Analysis Data Standards for Product
Development and Review
    As regulatory submissions are increasingly submitted in fully
standard electronic format, it becomes increasingly important to ensure
that analysis datasets are structured according to the standards to
facilitate acceptance and analysis of the datasets. To support the
enhancement of analysis data standards for product development and
review in PDUFA VI, FDA proposes to enhance staff capacity to develop
and update relevant standards, to support the efficient submission and
review of analysis datasets, to convene a public workshop to advance
the development and application of analysis data standards, to
collaborate with external stakeholders on development of data
standards, and to update, as appropriate, internal policies and
procedures associated with the submission and utilization of
standardized analysis datasets.
13. Enhancing Drug Development Tools Qualification Pathway for
Biomarkers
    The Biomarker Qualification Program was established to support
FDA's work with external partners to develop

biomarkers that aid in the drug development process. To facilitate the
enhancement of the drug development tools qualification pathway for
biomarkers in PDUFA VI, FDA proposes to convene a public meeting to
discuss taxonomy and a framework with standards for biomarkers used in
drug development, to develop guidance on biomarker taxonomy, contexts
of uses, and general evidentiary standards, and to maintain a public
Web site to communicate a list of biomarker qualification submissions
in the qualification process.

E. Enhancement and Modernization of the FDA Drug Safety System

    The drug safety enhancements in PDUFA VI focus on expansion of the
Sentinel System and enhancements to support the review, oversight,
tracking, and communication of postmarketing drug safety issues. The
enhancements are described in I.K of the proposed PDUFA VI commitment
letter.
1. Advancing Postmarketing Drug Safety Evaluation Through Expansion of
the Sentinel System and Integration into FDA Pharmacovigilance
Activities
    FDA's Sentinel Initiative is a long-term program designed to build
and implement a national electronic system for monitoring the safety of
FDA-approved medical products. FDA recently transitioned from the Mini-
Sentinel pilot to the Sentinel System, but full utilization of the
Sentinel System remains a work in progress. Continued development and
integration of the Sentinel System is needed to realize the system's
full value to the postmarketing safety review process. To help realize
the full value of the Sentinel System during PDUFA VI, FDA proposes to
continue to expand the systems' data sources and core capabilities, to
systematically integrate Sentinel into postmarketing review activities,
to enhance Sentinel communication practices with sponsors and the
public, and to conduct an analysis of the impact of Sentinel expansion
and integration for regulatory purposes.
2. Timely and Effective Evaluation and Communication of Postmarketing
Safety Findings Related to New Drugs
    During PDUFA VI, FDA proposes to continue to support the review,
oversight, tracking, and communication of postmarketing drug safety
issues. FDA proposes to make improvements to its current processes and
information technology systems to enhance the management and oversight
of postmarketing drug safety issues, to update policies and procedures
to provide timely notification to a sponsor, to the extent practicable,
when a serious safety signal is identified, and to conduct an
assessment of how its data systems and processes support review,
oversight, and communication of postmarketing drug safety issues.

F. Electronic Submissions and Data Standards Activities

    FDA is committed to achieving the long-term goal of improving the
predictability and consistency of the electronic submission process and
enhancing transparency and accountability of FDA information technology
related activities. During PDUFA VI, FDA proposes to publish submission
documentation, metrics, submission status, and system and process
changes, to hold quarterly meetings to share performance updates
between FDA and the regulated industry, to hold annual public meetings
to gather stakeholder input to inform the FDA information technology
strategic plan, and to collaborate with standards development
organizations and stakeholders to ensure the long-term sustainability
of supported data standards. These enhancements are described in
section IV of the proposed PDUFA VI commitment letter.

G. Improving FDA Hiring and Retention of Review Staff

    To speed and improve development of safe and effective new
therapies for patients requires that FDA hire and retain sufficient
numbers and types of technical and scientific experts to efficiently
conduct reviews of human drug applications. In order to strengthen this
core function during PDUFA VI, FDA proposes to commit to completing
implementation of an full time equivalent staff (FTE)-based position
management system capability, to complete implementation of an online
position classification system, to complete implementation of corporate
recruiting practices, to augment hiring capacity with expert contractor
support, to complete establishment of a dedicated function to ensure
needed scientific staffing for the human drug review program, to
establish clear goals for human drug review program hiring, and to
conduct a comprehensive and continuous assessment of hiring and
retention performance. These enhancements are described in section III
of the proposed PDUFA VI commitment letter.

H. Enhancing Management of User Fee Resources

    FDA is committed to enhancing management of PDUFA resources and
ensuring PDUFA user fee resources are administered, allocated, and
reported in an efficient and transparent manner. In PDUFA VI, FDA
proposes to establish a resource capacity planning function to improve
its ability to analyze current resource needs and project future
resource needs, to modernize its time reporting approach, to conduct an
evaluation of PDUFA program resource management, to publish a 5-year
PDUFA financial plan with annual updates, and to convene an annual
public meeting, beginning in FY 2019, to discuss the financial plan and
progress towards the financial management enhancements. These
enhancements are described in section II of the proposed PDUFA VI
commitment letter.

I. Enhancements to Fee Structure and Related Mechanisms for Increased
Predictability, Stability, and Efficiency

    The current overall PDUFA fee structure and the fee setting process
were established in 1993 for PDUFA I and have generally remained in
place through four reauthorizations of PDUFA. Over the years, FDA and
industry agreed that some elements of the fee structure and the fee
setting process could be updated to enhance the predictability and
stability of fee amounts and revenues in a manner to improve FDA's
ability to engage in long-term financial planning. Additionally, some
elements of the fee structure reduce the efficiency of administrative
work without a corresponding benefit to the public or to the regulated
industry. To address these issues, FDA proposes to shift a greater
proportion of the target revenue allocation to more predictable fee-
paying types (20 percent to applications; 80 percent to Program fees),
to discontinue the establishment and supplement fees, to rename the
product fee as the PDUFA Program fee, to modify the Program fee billing
date to minimize the need for multiple billing cycles, to add a
limitation that a sponsor shall not be assessed more than five PDUFA
Program fees for a fiscal year for products identified in each distinct
approved human drug application held by that sponsor, and to
discontinue the Fees-Exceed-the-Costs waiver. FDA also proposes during
PDUFA VI to replace the workload adjuster with a robust methodology for
adjusting fees based on the capacity needs of the program, and to
replace the fifth year offset provision and final year

adjustment provisions with an annual operating reserve adjustment to
provide for adequate carryover resources.

J. Impact of PDUFA VI Enhancements on User Fee Revenue

    To implement the proposed enhancements for PDUFA VI, funding for a
cumulative total of 230 FTE staff is proposed to be phased in over the
course of PDUFA VI. The new funding will be phased in as follows:

 $20,077,793 for FY 2018
 $21,317,472 for FY 2019
 $16,953,329 for FY 2020
 $5,426,896 for FY 2021
 $2,769,609 for FY 2022
    In addition, $8.73 million will be added in FY 2018 to provide for
other additional direct costs associated with the PDUFA VI
enhancements. This amount will be included for FYs 2019 through 2022
after being adjusted for inflation.

IV. Purpose and Scope of the Meeting

    If you wish to attend this meeting, visit http://pdufareauthorization.eventbrite.com. Please register by August 8, 2016.
If you are unable to attend the meeting in person, you can register to
view a live Webcast of the meeting. You will be asked to indicate in
your registration if you plan to attend in person or via the Webcast.
Seating will be limited, so early registration is recommended.
Registration is free and will be on a first-come, first-served basis.
However, FDA may limit the number of participants from each
organization based on space limitations. Registrants will receive
confirmation once they have been accepted. Onsite registration on the
day of the meeting will be based on space availability. If you need
special accommodations because of a disability, please contact Graham
Thompson (see FOR FURTHER INFORMATION CONTACT) at least 7 days before
the meeting.
    The meeting will include a presentation by FDA and a series of
invited panels representing different stakeholder groups identified in
the statute (such as patient advocacy groups, consumer advocacy groups,
health professionals, and regulated industry). We will also provide an
opportunity for other organizations and individuals to make
presentations at the meeting or to submit written comments to the
docket before the meeting.
    FDA will also hold an open public comment period at the meeting to
give the public an opportunity to present their comments. Registration
for open public comment will occur at the registration desk on the day
of the meeting and workshop on a first-come, first-served basis.
    Transcripts: As soon as a transcript is available, FDA will post it
at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm446608.htm.

    Dated: July 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16916 Filed 7-15-16; 4:15 pm]
 BILLING CODE 4164-01-P