(a) Applicability. This section applies to the review of a condition in a time and extent application (TEA) submitted under § 330.14 for consideration in the over-the-counter (OTC) drug monograph system. This section does not apply to:
(1) A sunscreen active ingredient or combination of sunscreen active ingredients, and other conditions for such ingredients; or
(2) A non-sunscreen active ingredient or combination of non-sunscreen active ingredients, and other conditions for such ingredients submitted in a TEA under § 330.14 before November 27, 2014, subject to section 586F(a)(1)(C) of the Federal Food, Drug, and Cosmetic Act.
(b) Metrics. FDA will maintain and update annually, a publicly available posting of metrics for the review of TEAs and safety and effectiveness data submissions that are subject to the timelines in this section. The posting will contain the following information for tracking the extent to which the timelines set forth in paragraph (c) of this section were met during the previous calendar year.
(1) Number and percent of eligibility notices or ineligibility letters issued within 180 days of submission of a TEA;
(2) Number and percent of filing determinations issued within 90 days of submission of a safety and effectiveness data submission;
(3) If applicable, number and percent of feedback letters issued within 730 days from the date of filing;
(4) Number and percent of notices for proposed rulemaking issued within 1,095 days from the date of filing;
(5) Number and percent of final rules issued within 912 days of closing of the docket of the proposed rulemaking; and
(6) Total number of TEAs submitted under § 330.14.
(c) Timelines for FDA review and action. FDA will review and take an action within the following timelines:
(1) Within 180 days of submission of a TEA under § 330.14(c), FDA will issue a notice of eligibility or post to the docket a letter of ineligibility, in accordance with § 330.14(d) and (e).
(2) Within 90 days of submission of a safety and effectiveness data submission, in accordance with § 330.14(j), FDA will issue a filing determination. The date of filing begins the FDA timelines in paragraphs (c)(3) and (4) of this section.
(3) Within 730 days from the date of filing, if the condition is initially determined not to be GRASE for OTC use in the United States, FDA will inform the sponsor and other interested persons who have submitted data of its determination by feedback letter in accordance with § 330.14(g)(4).
(4) Within 1,095 days from the date of filing of a safety and effectiveness data submission, FDA will issue a notice of proposed rulemaking to either:
(i) Include the condition in an appropriate OTC monograph(s), either by amending an existing monograph(s) or establishing a new monograph(s), if necessary; or
(ii) Include the condition in § 310.502 of this chapter.
(5) Within 912 days of the closing of the docket of the proposed rulemaking under paragraph (c)(4) of this section, FDA will issue a final rule.
[81 FR 84477, Nov. 23, 2016]