Notice2026-03353

Agency Information Collection Activities; Proposed Collection; Comment Request; New Animal Drugs for Minor Use and Minor Species

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Published
February 20, 2026

Issuing agencies

Health and Human Services DepartmentFood and Drug Administration

Abstract

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection associated with designation of new animal drugs for minor use and minor species and indexing of new animal drugs for minor species.

Full Text

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<title>Federal Register, Volume 91 Issue 34 (Friday, February 20, 2026)</title>
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[Federal Register Volume 91, Number 34 (Friday, February 20, 2026)]
[Notices]
[Pages 8253-8255]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03353]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2026-N-1305]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; New Animal Drugs for Minor Use and Minor Species

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice solicits comments on the information collection associated with 
designation of new animal drugs for minor use and minor species and 
indexing of new animal drugs for minor species.

DATES: Either electronic or written comments on the collection of 
information must be submitted by April 21, 2026.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of April 21, 2026. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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-2026-N-1305 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; New Animal Drugs for Minor Use 
and Minor Species.'' Received comments, those filed in a timely manner 
(see ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday, 240-402-7500.
    <bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
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: <a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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

[[Page 8254]]

Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.

FOR FURTHER INFORMATION CONTACT: Kelly Covington, Center for Veterinary 
Medicine, Food and Drug Administration, 5001 Campus Drive, College 
Park, MD 20740, 240-402-5661, <a href="/cdn-cgi/l/email-protection#c090928193b4a1a6a680a6a4a1eea8a8b3eea7afb6"><span class="__cf_email__" data-cfemail="eabab8abb99e8b8c8caa8c8e8bc4828299c48d859c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

New Animal Drugs for Minor Use and Minor Species--21 CFR Part 516

OMB Control Number 0910-0605--Extension

    This information collection supports implementation of sections 572 
and 573 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 
U.SC. 360ccc-1 and 21 U.S.C. 360ccc-2) which establish requirements for 
the Designation of a Minor Use or Minor Species New Animal Drug and 
Index of Legally Marketed Unapproved New Animal Drugs for Minor 
Species, respectively. Agency regulations are codified in 21 CFR part 
516 and include recordkeeping and reporting requirements. The general 
provisions in 21 CFR 516 subpart A set forth its purpose, scope, and 
applicable definitions (21 CFR part 516 subpart A).
    Regulations in 21 CFR part 516 subpart B provide for designation 
status for Minor Use and Minor Species (MUMS) drugs prior to their 
approval or conditional approval. MUMS-drug designation makes the 
sponsor eligible for incentives to support the approval or conditional 
approval of the designated use and is completely optional for drug 
sponsors. The regulations describe how to apply for designation, what 
needs to be submitted and other information pertaining to this option. 
Sponsors of designated new animal drugs are required to demonstrate 
``due diligence'' toward approval or conditional approval through 
submission of annual reports documenting their progress for each 
designated use. The FDA uses this information to allow for determining 
eligibility for designation and the associated incentives and benefits 
described in section 573 of the act, including a 7-year period of 
exclusive marketing rights. It enables FDA to process requests for 
MUMS-drug designation, requests to amend MUMS-drug designation, changes 
in sponsorship, termination of MUMS-drug designation, requirements for 
annual reports from sponsors, and provisions for insufficient 
quantities of MUMS-designated drugs. Sponsors use FDA's ``eSubmitter'' 
system to fill out a series of system generated screens to submit their 
request and annual report electronically. To access the ``eSubmitter'' 
system, sponsors will use a previously established account.
    Regulations in 21 CFR 516 subpart C are intended to make more 
medications legally available to veterinarians and animal owners for 
the treatment of minor animal species (21 U.S.C. 360ccc). The purpose 
of these regulations is to encourage the development of these new 
animal drugs, while still ensuring appropriate safeguards for animal 
and human health. In some cases, a minor species drug is intended for 
use in species that are too rare or too varied to be the subject of 
adequate and well-controlled studies in support of a drug approval. In 
such cases, FDA may add the drug to the Index of Legally Marketed 
Unapproved New Animal Drugs for Minor Species as provided for by 
Section 572 of the FD&C Act (21 U.S.C. 360ccc-2). Within limitations 
established by the statute, such indexing provides a basis for legally 
marketing an unapproved new animal drug intended for use in a minor 
species. FDA regulations in 21 CFR part 516 Subpart C specify, among 
other things, the criteria and procedures for requesting eligibility 
for indexing and for requesting addition to the Index, as well as the 
annual reporting requirements for index holders. The administrative 
procedures and criteria for indexing a new animal drug for use in a 
minor species, as well as modifications and removal of a drug from the 
index are also set forth. FDA uses the information for the activities 
described above. Requestors can either mail paper submissions to the 
FDA or use FDA's ``eSubmitter'' system to fill out a series of system 
generated screens to submit their request electronically. To access the 
``eSubmitter'' system, sponsors will use a previously established 
account.
    Description of Respondents: The respondents to this information 
collection are pharmaceutical companies that sponsor new animal drugs 
for designation or requesters wishing to add a new animal drug to the 
Index.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
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                                                                  Number of       Total      Average
            21 CFR section; activity               Number of    responses per    annual     burden per    Total
                                                  respondents    respondent     responses    response     hours
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                     Designated New Animal Drugs for Minor Use and Minor Species, Subpart B
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516.20; content and format of MUMS-drug                     5               2          10           16       160
 designation request............................
516.26; requirements for amending MUMS-drug                 3               1           3            2         6
 designation....................................
516.27; change in sponsorship of MUMS-drug                  1               1           1            1         1
 designation....................................

[[Page 8255]]

 
516.29; termination of MUMS-drug designation....            2               1           2            1         2
516.30; requirements of annual reports from                26               2          52            2       104
 sponsor(s) of MUMS-designated drugs............
516.36; consequences for insufficient quantities            1               1           1            3         3
 of MUMS-designated drugs.......................
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    Subtotal....................................  ...........  ..............  ..........  ...........       276
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               Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, Subpart C
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516.119; requires a foreign drug company to                10               1          10            1        10
 submit and update the name and address of a
 permanent U.S. resident agent..................
516.121; written request for a meeting with FDA            15               2          30            4       120
 to discuss the requirements for indexing a new
 animal drug....................................
516.123; written request for an informal                    3               1           3            8        24
 conference and a requestor's written response
 to an FDA initial decision denying a request...
516.125; correspondence and information                     2               3           6           20       120
 associated with investigational use of new
 animal drugs intended for indexing.............
516.129; content and format of a request for               20               2          40           20       800
 determination of eligibility for indexing......
516.141; information to be submitted to FDA by a           20               1          20           16       320
 requestor seeking to establish a qualified
 expert panel...................................
516.143; content and format of the written                 20               1          20          120     2,400
 report of the qualified expert panel...........
516.145; content and format of a request for               10               1          10           20       200
 addition to the Index..........................
516.161; content and format of a request for               10               1          10            4        40
 modification of an indexed drug................
516.163; information to be contained in a                   1               1           1            2         2
 request to FDA to transfer ownership of a
 drug's index file to another person............
516.165; requires drug experience reports and              25              10         250            5     1,250
 distributor statements to be submitted to FDA..
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    Subtotal....................................  ...........  ..............  ..........  ...........     5,286
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        Total...................................  ...........  ..............  ..........  ...........     5,562
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                               Table 2--Estimated Annual Recordkeeping Burden \1\
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                                                      Number of      Total
    21 CFR section, activity         Number of       records per     annual      Average burden per       Total
                                   recordkeepers    recordkeeper    records         recordkeeping         hours
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               Index of Legally Marketed Unapproved New Animal Drugs for Minor Species, Subpart C
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516.141, requires the qualified                30               2         60  0.5 (30 min.)...........        30
 expert panel leader to maintain
 a copy of the written report
 and all notes or minutes
 relating to panel deliberations
 that are submitted to the
 requestor for 2 years after the
 report is submitted.
516.165, requires the holder of                25               2         50  1.......................        50
 an indexed drug to maintain
 records of all information
 pertinent to the safety or
 effectiveness of the indexed
 drug, from foreign and domestic
 sources.
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    Total.......................  ...............  ..............  .........  ........................        80
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Our estimated reporting and recordkeeping burden for the 
information collection reflects an overall increase of 60 hours and a 
corresponding increase of 120 responses and records. We attribute this 
adjustment to an increase in the number of submissions we received over 
the last few years.

Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2026-03353 Filed 2-19-26; 8:45 am]
BILLING CODE 4164-01-P


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Indexed from Federal Register on February 20, 2026.

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