[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Notices]
[Pages 919-921]
[FR Doc No: 2020-00072]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-5405]

Alaco, Inc., et al.; Proposal To Withdraw Approval of Seven New
Animal Drug Applications; Opportunity for a Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA or Agency) Center for
Veterinary Medicine (CVM) is proposing to withdraw approval of seven
new animal drug applications (NADAs) and is announcing an opportunity
for the NADA holders to request a hearing on this proposal. The basis
for the proposal is that the NADA holders have repeatedly failed to
file required annual reports for those NADAs.

DATES: The NADA holders may submit a request for a hearing by February
7, 2020. Submit all data, information, and analyses upon which the
request for a hearing relies March 9, 2020. Submit electronic or
written comments by March 9, 2020.

ADDRESSES: The request for a hearing may be submitted by the NADA
holders by either of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments to submit your request
for a hearing. Comments submitted electronically to https://www.regulations.gov, including any attachments to the request for a
hearing, will be posted to the docket unchanged.

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     Because your request for a hearing will be made public,
you are solely responsible for ensuring that your request 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. The request for a hearing must include the
Docket No. FDA-2019-N-5405 for ``Alaco, Inc., et al.; Proposal to
Withdraw Approval of Seven New Animal Drug Applications; Opportunity
for a Hearing.'' The request for a hearing will be placed in the docket
and publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
    The NADA holders may submit all data and analyses upon which the
request for a hearing relies in the same manner as the request for a
hearing except as follows:
     Confidential Submissions--To submit any data analyses with
confidential information that you do not wish to be made publicly
available, submit your data and analyses only as a written/paper
submission. You should submit two copies total of all data and
analyses. 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
any decisions on this matter. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov
or available at the Dockets Management Staff between 9 a.m. and 4 p.m.,
Monday through Friday. Submit both copies to the Dockets Management
Staff. Any information marked as ``confidential'' will not be disclosed
except in accordance with 21 CFR 10.20 and other applicable disclosure
law.
    Comments Submitted by Other Interested Parties: For all comments
submitted by other interested parties, submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://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 https://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): Dockets Management Staff (HFA-305), Food and

Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, 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-2019-N-5405 for ``Alaco, Inc., et al.; Proposal to Withdraw
Approval of Seven New Animal Drug Applications; Opportunity for a
Hearing.'' Received comments, those filed in a timely manner (see
DATES), will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. 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 https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Vernon Toelle, Center for Veterinary
Medicine (HFV-234), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FDA's CVM is proposing to withdraw
approval of seven new animal drug applications (NADAs) and is
announcing an opportunity for the NADA sponsors to request a hearing on
this proposal. The new animal drugs approved in these NADAs have not
been marketed for several years. The establishments associated with
these drug products are not registered under 21 CFR 207.21 nor are
these drug products listed under 21 CFR 207.45. The basis for this
proposal is that these NADA sponsors have repeatedly failed to submit
annual drug experience reports to FDA concerning their approved NADA as
required under Sec.  514.80 (21 CFR 514.80). These sponsors have not
responded to the Agency's requests, sent by certified mail, for
submission of the reports. The delinquent approved NADAs and their
sponsors are listed in table 1.

                   Table 1--Approved NADAs for Which Required Reports Have Not Been Submitted
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                                                                                Citation in 21
           Application No.                   Trade name (drug)                 Sponsor                  CFR
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031-971..............................  CUPRATE (cupric glycinate)..  Walco International, Inc.,          522.518
                                                                      15 West Putnam,
                                                                      Porterville, CA 93257.
045-863..............................  PALOSEIN (orgotein).........  OXIS International, Inc.,          522.1620
                                                                      6040 N Cutter Circle,
                                                                      Suite 317, Portland, OR
                                                                      97217-3935.
046-922..............................  SERGEANTS SURE SHOT (n-butyl  ConAgra Pet Products Co.,           520.260
                                        chloride) Capsules.           3902 Leavenworth St.,
                                                                      Omaha, NE 68105.
046-923..............................  SERGEANTS (n-butyl chloride)  ConAgra Pet Products Co.,           520.260
                                        Puppy Worm Capsules.          3902 Leavenworth St.,
                                                                      Omaha, NE 68105.
065-067..............................  Tetracycline HCl Tablets....  Premo Pharmaceutical           Not codified
                                                                      Laboratories, Inc., 111
                                                                      Leuning St., South
                                                                      Hackensack, NJ 07606.
140-850..............................  ELITE (dichlorophene and      RSR Laboratories, Inc., 501         520.580
                                        toluene) Dog & Cat Wormer.    Fifth St., Bristol, TN
                                                                      37620.
141-107..............................  BAPTEN for Injection          Alaco, Inc., 1500 N Wilmot           522.84
                                        ([szlig]-aminopropionitrile   Rd., Suite 290-C, Tucson,
                                        fumarate).                    AZ 85712.
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    Therefore, notice is given to the holders of the approved NADAs
listed in table 1 and to all other interested persons that the Director
of CVM proposes to issue an order, under section 512(e) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360b(e)),
withdrawing approval of the NADAs and all amendments and supplements
thereto on the grounds that the NADA holders have failed to submit the
reports required under Sec.  514.80. Upon withdrawal of approval of
these NADAs, the regulations published pursuant to section 512(i) of
the FD&C Act in 21 CFR 510.600, 520.260, 520.580, 522.84, 522.518, and
522.1620 will be revoked.
    In accordance with section 512 of the FD&C Act and parts 12 and 514
(21 CFR parts 12 and 514), the NADA holders are hereby provided an
opportunity for a hearing to show why the approval of the NADAs listed
previously should not be withdrawn (and the corresponding regulations
revoked) and an opportunity to raise, for administrative determination,
all issues relating to the legal status of the new animal drug products
covered by these NADAs.
    An NADA holder who decides to seek a hearing must file the
following: (1) A written notice of participation and a request for a
hearing (see DATES and ADDRESSES) and (2) the data, information, and
analyses relied on to justify a hearing (see DATES and ADDRESSES). Any
other interested person may also submit comments on this notice. The
procedures and requirements governing this notice of opportunity for a
hearing, notice of

participation and request for a hearing, the information and analyses
to justify a hearing, other comments, and a grant or denial of a
hearing are contained in Sec.  514.200 (21 CFR 514.200) and in part 12.
    The failure of an NADA holder to file a timely written notice of
participation and request for a hearing, as required by Sec.  514.200
and part 12, constitutes an election by that NADA holder not to avail
itself of the opportunity for a hearing concerning CVM's proposal to
withdraw approval of the NADAs and constitutes a waiver of any
contentions concerning the legal status of the drug products. FDA will
then withdraw approval of the NADAs, and the new animal drug products
may not thereafter be lawfully introduced or delivered for introduction
into interstate commerce. Any new animal drug product introduced or
delivered for introduction into interstate commerce without an approved
NADA, conditional approval, or index listing is subject to regulatory
action at any time.
    A request for a hearing may not rest upon mere allegations or
denials but must present specific facts showing that there is a genuine
and substantial issue of fact that requires a hearing. Reports
submitted to remedy the deficiencies must be complete in all respects
in accordance with Sec.  514.80. If a request for a hearing is not
complete or is not supported, the Commissioner of Food and Drugs will
enter summary judgment against the person who requests the hearing,
making findings and conclusions, and denying a hearing.
    All submissions under this notice of opportunity for a hearing must
be filed in two copies. Except for data and information prohibited from
public disclosure under 21 U.S.C. 331(j) or 18 U.S.C. 1905, the
submissions may be seen at the Dockets Management Staff (see ADDRESSES)
between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to
the docket at https://www.regulations.gov.
    This notice is issued under section 512 of the FD&C Act and under
authority delegated to the Principal Associate Commissioner for Policy
by the Commissioner of Food and Drugs.

    Dated: January 3, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-00072 Filed 1-7-20; 8:45 am]
 BILLING CODE 4164-01-P