Notice2025-07759

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Generic Drug User Fee Program

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 5, 2025

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 85 (Monday, May 5, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 85 (Monday, May 5, 2025)]
[Notices]
[Pages 18983-18984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07759]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2024-N-5890]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Generic Drug User Fee 
Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the 
collection of information by June 4, 2025.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be submitted to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. The OMB control number for 
this information collection is 0910-0727. Also include the FDA docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-5733, 
<a href="/cdn-cgi/l/email-protection#d080829183a4b1b6b690b6b4b1feb8b8a3feb7bfa6"><span class="__cf_email__" data-cfemail="77272536240316111137111316591f1f0459101801">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Generic Drug User Fee Program

OMB Control Number 0910-0727--Revision

    This information collection helps support implementation of FDA's 
Generic Drug User Fee Program (GDUFA), most recently reauthorized 
September 30, 2022. It includes information collections discussed in 
the document, ``GDUFA Reauthorization Performance Goals And Program 
Enhancements Fiscal Years 2023-2027,'' commonly referred to as the 
``Goals Letter'' or ``Commitment Letter.'' The Commitment Letter 
represents the product of FDA discussions with the regulated industry 
and public stakeholders, as mandated by Congress. The Goals Letter 
identifies current GDUFA program objectives and general procedures for 
communicating with FDA. Agency guidance, as outlined in the Goals 
Letter, are utilized in the information collection. All Agency guidance 
documents are issued consistent with our Good Guidance Practice 
regulations (21 CFR 10.115), which provide for public comment at any 
time, as well as regulatory authority found in 21 CFR 314.445 (Guidance 
documents), currently approved in OMB control number 0910-0001.
    The information collection also includes Form FDA 3974, the Generic 
Drug User Fee Cover Sheet and associated instructions, available for 
download at <a href="https://userfees.fda.gov/OA_HTML/GDUFAFacilityCScreation.pdf">https://userfees.fda.gov/OA_HTML/GDUFAFacilityCScreation.pdf</a>. Form FDA 3974 is used to provide a uniform 
format for the submission of information necessary to account for and 
track user fees, and to determine the amount of the fee required.
    As we communicate on our website, potential applicants are 
encouraged to contact the FDA Generic Drugs Program with questions at 
any point in their development and application preparation processes. 
We have revised the information collection to include the submission of 
``controlled correspondence'' within the scope of activity, including 
covered product authorizations (CPAs) provided for under the Creating 
and Restoring Equal Access to Equivalent Samples Act of 2019 (CREATES 
Act) (Pub. L. 116-94). Historically, and under the terms of the GDUFA, 
a controlled correspondence may be submitted by or on behalf of a 
generic drug manufacturer or related industry prior to submitting an 
abbreviated new drug application (ANDA). To provide respondents with 
assistance regarding the submission of controlled correspondence, we 
continue to develop and issue topic-specific Agency guidance, including 
the following documents:
    <bullet> Controlled Correspondence Related to Generic Drug 
Development (Controlled Correspondence Guidance) (<a href="https://www.fda.gov/media/164111/download">https://www.fda.gov/media/164111/download</a>, March 2024).
    <bullet> Product-Specific Guidance Meetings Between FDA and ANDA 
Applicants Under GDUFA (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/product-specific-guidance-meetings-between-fda-and-anda-applicants-under-gdufa">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/product-specific-guidance-meetings-between-fda-and-anda-applicants-under-gdufa</a>, February 2023).
    <bullet> Formal Meetings Between FDA and ANDA Applicants of Complex 
Products Under GDUFA (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/formal-meetings-between-fda-and-anda-applicants-complex-products-under-gdufa-guidance-industry">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/formal-meetings-between-fda-and-anda-applicants-complex-products-under-gdufa-guidance-industry</a>, October 
2022).
    <bullet> Competitive Generic Therapies Guidance (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/competitive-generic-therapies">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/competitive-generic-therapies</a>, October 2022).
    <bullet> Cover Letter Attachments for Controlled Correspondences 
and ANDA Submissions (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cover-letter-attachments-controlled-correspondences-and-anda-submissions">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cover-letter-attachments-controlled-correspondences-and-anda-submissions</a>, June 2023).
    <bullet> How to Obtain Covered Product Authorization (<a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents/how-obtain-covered-product-authorization">https://www.fda.gov/regulatory-information/search-fda-guidance-documents/how-obtain-covered-product-authorization</a>, September 2022).
    Each guidance document may be downloaded from our website where we 
maintain a searchable database at <a href="https://www.fda.gov/regulatory-information/search-fda-guidance-documents">https://www.fda.gov/regulatory-information/search-fda-guidance-documents</a>.
    In the Federal Register of January 14, 2025 (90 FR 3225), we 
published a 60-day notice soliciting comment on the proposed collection 
of information. Two comments were received, one pertaining to product 
pricing and the other pertaining to plant-based ingredients. FDA 
appreciates these public comments; however, neither is responsive to 
the four information collection topics solicited under 5 CFR 1320.8(d) 
and therefore not discussed in this notice. We have made no adjustments 
in our estimated burden in response to the public comment.
    We estimate the burden of this collection of information as 
follows:

[[Page 18984]]



                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                 Number of       Total
    Information collection;       Number of    responses per     annual       Average burden per     Total hours
            activity             respondents    respondent     responses           response
----------------------------------------------------------------------------------------------------------------
Submission of Generic Drug User          500           7.616        3,808  0.5 (30 minutes)........        1,904
 Fee Cover Sheet.
Submission of Controlled                 400            12.5        5,000  5.......................       25,000
 Correspondence as Discussed in
 Agency Topic-Specific Guidance
 Documents.
                                --------------------------------------------------------------------------------
    Total......................  ...........  ..............        8,808  ........................       26,904
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Our estimated is based on available Agency data. Our burden 
estimate reflects an overall increase attributable to the inclusion of 
controlled correspondence and new generic drug product CPA requests.

    Dated: April 24, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-07759 Filed 5-2-25; 8:45 am]
BILLING CODE 4164-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Indexed from Federal Register on May 5, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.