96-12499. Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Amendment of Monograph for OTC Bronchodilator Drug Products  

  • [Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
    [Rules and Regulations]
    [Pages 25142-25147]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12499]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Parts 310 and 341
    
    [Docket No. 94N-0247]
    RIN 0910-AA01
    
    
    Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug 
    Products for Over-the-Counter Human Use; Amendment of Monograph for OTC 
    Bronchodilator Drug Products
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Final rule.
    
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    SUMMARY: The Food and Drug Administration (FDA) is amending the final 
    monograph for over-the-counter (OTC) bronchodilator drug products by 
    removing pressurized metered-dose aerosol container dosage forms for 
    the ingredients epinephrine, epinephrine bitartrate, and racepinephrine 
    hydrochloride. This action is being taken because the OTC marketing of 
    such drug products will require an approved application containing 
    certain information not required by the monograph. The agency is also 
    amending the regulation that lists nonmonograph active ingredients by 
    adding any ingredient(s) in a pressurized metered-dose aerosol 
    container for OTC bronchodilator drug products. This final rule is part 
    of the ongoing review of OTC drug products conducted by FDA.
    
    EFFECTIVE DATE:June 19, 1996.
    
    FOR FURTHER INFORMATION CONTACT: William E. Gilbertson, Center for Drug 
    Evaluation and Research (HFD-105), Food and Drug Administration, 5600 
    Fishers Lane, Rockville, MD 20857, 301-827-2304.
    
    SUPPLEMENTARY INFORMATION: 
    
    -I. Background
    
         In the Federal Register of October 2, 1986 (51 FR 35326), FDA 
    issued a final monograph establishing conditions
    
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    under which OTC bronchodilator drug products are generally recognized 
    as safe and effective and not misbranded. Section 341.76(d)(2)(i) (21 
    CFR 341.76(d)(2)(i)) provides for products containing epinephrine, 
    epinephrine bitartrate, and racepinephrine hydrochloride for use in a 
    pressurized metered-dose aerosol container (hereinafter referred to as 
    an inhaler or MDI). The agency stated in the final monograph (51 FR 
    35326 at 35333 to 35334) that data and information available at that 
    time concerning the technology to produce reliable MDI dosage forms 
    allowed the agency to generally recognize OTC MDI drug products as safe 
    and effective. Further, the agency had anticipated that MDI drug 
    products would continue to contain a chlorofluorocarbon (CFC) 
    propellant and that marketing would continue under approved 
    applications, as stated in Sec. 2.125(d) (21 CFR 2.125(d)), containing 
    information on manufacturing controls for the MDI.
         In the Federal Register of March 9, 1995 (60 FR 13014), FDA issued 
    a notice of proposed rulemaking to amend the final monograph for OTC 
    bronchodilator drug products to remove pressurized MDI aerosol 
    container dosage forms for the ingredients epinephrine, epinephrine 
    bitartrate, and racepinephrine hydrochloride. The agency also proposed 
    to amend the regulation that lists nonmonograph active ingredients to 
    add any ingredient(s) in a pressurized MDI aerosol container for OTC 
    bronchodilator drug products.
         In the proposal, the agency discussed several developments that 
    changed its view about the inclusion of pressurized MDI dosage forms in 
    the final monograph for OTC bronchodilator drug products. The agency 
    determined that an assessment of the safety and effectiveness of each 
    MDI aerosol drug product must be made based on a reconsideration of the 
    nature of MDI aerosol drug products, potential future reformulations to 
    include new propellants, and the recommendations of various 
    international workshops and FDA advisory committee discussions. The 
    agency proposed that all MDI aerosol dosage forms must have premarket 
    approval to ensure their safety and effectiveness.
         Interested persons were invited to file by May 23, 1995, written 
    comments or objections on the proposed regulation. Interested persons 
    were invited to file comments on the agency's economic impact 
    determination by May 23, 1995.
         In response to the proposal, one drug manufacturer and an 
    association of pharmaceutical scientists submitted comments. Copies of 
    the comments are on public display in the Dockets Management Branch 
    (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, 
    Rockville, MD 20857. Final agency action on OTC MDI aerosol drug 
    products containing epinephrine, epinephrine bitartrate, and 
    racepinephrine hydrochloride occurs with the publication of this final 
    rule amending the final monograph for OTC bronchodilator drug products.
         As discussed in the proposal (60 FR 13014), the agency advised 
    that the conditions under which the drug products that are subject to 
    this amendment to the final monograph will no longer be generally 
    recognized as safe and effective and are misbranded (nonmonograph 
    conditions) will be effective 30 days after the date of publication in 
    the Federal Register. Therefore, on or after June 19, 1996, no OTC drug 
    product that is subject to the monograph and that contains a 
    nonmonograph condition, i.e., a condition that would cause the drug to 
    be not generally recognized as safe and effective or to be misbranded, 
    may be initially introduced or initially delivered for introduction 
    into interstate commerce unless it is the subject of an approved 
    application or abbreviated application (hereinafter called 
    application). Manufacturers are encouraged to comply voluntarily with 
    the final rule at the earliest possible date.
         All ``OTC Volumes'' cited throughout this document refer to the 
    submissions made by interested persons pursuant to the call-for-data 
    notice published in the Federal Register of August 9, 1972 (37 FR 
    16029), or to additional information that has come to the agency's 
    attention since publication of the advance notice of proposed 
    rulemaking. The volumes are on public display in the Dockets Management 
    Branch.-
    
    -II. The Agency's Conclusions on the Comments
    
         One comment, from a pharmaceutical scientists' association, agreed 
    with the agency's proposal to amend the final monograph for OTC 
    bronchodilator drug products to remove MDI aerosol dosage forms for the 
    ingredients epinephrine, epinephrine bitartrate, and racepinephrine 
    hydrochloride. The comment also agreed that such products should have 
    premarket approval to ensure their safety and effectiveness. The 
    comment explained that changes in an MDI aerosol could have significant 
    effects on the distribution characteristics of the drug in the airways, 
    produce a pharmacological interaction, and/or enhance toxicity of the 
    drug product. With the phaseout of CFC-containing propellants in MDI 
    aerosol drug products, the comment mentioned that the safety and 
    effectiveness of the replacement propellants in these products will 
    need to be established.
         The comment stated that appropriately focused and well-designed 
    clinical studies will be necessary to establish the clinical safety and 
    effectiveness of new non-CFC-containing MDI aerosol formulations. New 
    chemistry, manufacturing, and controls evaluations will be needed to 
    document that the new formulation is compatible with the bronchodilator 
    active ingredient and that drug delivery from the new system is 
    comparable to the old system. The comment added that much of the 
    testing needed to confirm the integrity and proper functioning of MDI 
    aerosol drug products containing non-CFC propellants can be determined 
    by in vitro testing. Such testing could determine particle size, total 
    canister contents, and consistency and reproducibility of dose delivery 
    through the life of the dosage form, as well as assess drug related 
    impurities and leakage rate.
         The comment expressed some concern about epinephrine, epinephrine 
    bitartrate, and racepinephrine hydrochloride used in a hand-held rubber 
    bulb nebulizer. The comment stated that the agency's concerns about MDI 
    aerosol dosage forms, particularly changes in the distribution 
    characteristics of the drug in the airways, are equally applicable to 
    hand-held rubber bulb nebulizers and spraying devices currently 
    available. The comment also questioned the emphasis placed on many of 
    the comments and conclusions drawn by the authors of articles cited 
    within the proposed amendment because many of those references did not 
    provide details of the composition of MDI aerosol drug products 
    discussed. The comment did not specify which references failed to 
    provide sufficient details.
         Another comment, from a drug manufacturer, disagreed with the 
    agency's proposal. The comment claimed that the proposal does not 
    provide a reasonable basis to support the revocation of the ``generally 
    recognized as safe and effective'' status of these OTC MDI aerosol drug 
    products. The comment contended that the proposal raises questions 
    about the safety and effectiveness of these drug products in the 
    absence of any data showing that epinephrine-containing MDI aerosol 
    drug products are not safe and effective when used according to
    
    [[Page 25144]]
    
    the labeling. The comment stated that the safety information discussed 
    in the proposal relates to MDI aerosol products containing albuterol, 
    and it does not raise any questions with respect to the safety of 
    epinephrine-containing MDI aerosol drug products. The comment argued 
    that because all CFC-containing MDI aerosol drug products must now be 
    the subject of an approved new drug application (NDA), there is no 
    public health issue concerning these drug products and, therefore, no 
    need for this proposed monograph amendment.
         The comment added that in the final monograph for OTC 
    bronchodilator drug products (51 FR 35326 at 35333), the agency 
    recognized that manufacturer compliance with FDA's current good 
    manufacturing practice (CGMP) regulations would adequately address the 
    control of the quality of drug product containers, components, and the 
    drug product itself, and that specific requirements for MDI aerosol 
    drug delivery systems in the monograph were unnecessary. The comment 
    indicated that while CGMP compliance is important to assure the proper 
    use of MDI aerosol delivery systems, the proposed amendment provides no 
    evidence that CGMP compliance is a concern for currently-marketed 
    epinephrine MDI aerosols.
         The comment agreed with the agency that non-CFC propellants could 
    render an MDI aerosol product a ``new drug'' under Sec. 310.3(h)(1) (21 
    CFR 310.3(h)(1)). In that case, additional data would be required to 
    support safety and effectiveness. However, the comment argued that new 
    propellant formulations can be reviewed under an NDA without revoking 
    the OTC monograph status of currently marketed CFC-containing MDI 
    aerosol formulations.
         The comment mentioned that the proposal to remove OTC MDI aerosol 
    drug products from the final monograph for OTC bronchodilator drug 
    products is not based on the deliberations of any advisory committee 
    and is in conflict with the determination of the Advisory Review Panel 
    on OTC Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug 
    Products that epinephrine-containing OTC MDI aerosol drug products are 
    ``generally recognized as safe and effective.'' The comment stated that 
    the agency should withdraw the proposal until such time as an advisory 
    committee has reviewed the data and voted on a recommendation.
         The comment also expressed concern that the agency's action could 
    unnecessarily raise the data burden of NDA's for epinephrine-
    containing, CFC-propelled MDI's by imposing, without justification, new 
    safety and effectiveness data requirements that are satisfied by the 
    current monograph status. The comment noted that in Sec. 330.11 (21 CFR 
    330.11), if an OTC drug product meets all the conditions of an 
    applicable monograph, only a review of information pertaining to 
    deviations from those conditions is necessary. The comment contended 
    that Sec. 330.11 encourages innovation and improvement in the 
    pharmaceutical industry without unnecessary regulatory delays and 
    unjustified data burdens. The comment added that, if new NDA's need to 
    be submitted, the additional data required could have the effect of 
    forcing from the market a product that has been the subject of an 
    approved NDA and has had a safe marketing history for many years. 
    Therefore, for these reasons, the comment requested that the agency 
    withdraw the proposed amendment and take no further steps to complete 
    this rulemaking.
         The agency has considered the information presented by the 
    comments and determined that marketing of pressurized MDI aerosol 
    bronchodilator drug products containing CFC propellants requires an 
    approved NDA containing information beyond that required by the final 
    monograph for OTC bronchodilator drug products. Since publication of 
    that final monograph in 1986, the agency has reconsidered the nature of 
    MDI aerosol drug products, potential future reformulations to include 
    new propellants, and the recommendations of various international 
    organizations and agency advisory committees concerning the regulatory 
    and data requirements needed to assure the clinical community and 
    patients of the safety and effectiveness of MDI aerosol drug products.
         In the proposed monograph amendment (60 FR 13014 to 13020), the 
    agency discussed several specific developments that have changed its 
    views about MDI aerosol dosage forms. These included: (1) Recent 
    publications reporting chemistry, manufacturing, and controls problems 
    resulting from changes to the container and closure system of 
    redesigned MDI aerosol dosage forms; (2) the need for safety and 
    effectiveness data for the new drug products as a result of those 
    chemistry, manufacturing, and controls changes; (3) international 
    workshops and FDA advisory committee discussions focusing on regulatory 
    requirements for modifications to an approved innovator MDI and 
    bioequivalence of generic MDI aerosol drug products; (4) legislation 
    that requires a phaseout of ozone-depleting substances, including CFC 
    propellants in MDI aerosol drug products; and (5) the need for safety 
    data on the alternative propellants that will replace CFC's in MDI 
    aerosol dosage forms, as well as evidence that the new MDI's deliver 
    the drug effectively.
         The agency's decision to remove epinephrine ingredients in 
    pressurized MDI aerosol dosage forms from the final monograph for OTC 
    bronchodilator drug products is not based on a specific safety or 
    effectiveness concern that has been identified for any of the currently 
    marketed OTC MDI aerosol drug products. All such products are currently 
    the subject of an approved NDA based on agency regulations in 
    Sec. 2.125(d). The removal of these OTC drug products from the 
    monograph is being done to ensure continued safety and effectiveness of 
    these products and to provide a regulatory basis for adequate 
    regulation of the manufacture of all future OTC MDI aerosol drug 
    products, including those with the new propellants. This action is 
    based on the agency's increased awareness that minor modifications in 
    the manufacturing procedures of these products and the proposed 
    phaseout of CFC propellants have the potential for substantial impact 
    on the safety and effectiveness of these OTC drug products and are not 
    adequately addressed by CGMP guidelines.
         In response to the comment regarding the ``generally recognized as 
    safe and effective'' status of currently marketed OTC MDI aerosol drug 
    products containing epinephrine, epinephrine bitartrate, and 
    racepinephrine hydrochloride, the agency maintains that its 
    preclearance of these products under NDA's alleviates concerns about 
    the safety and effectiveness of these drug products. However, the 
    agency now considers preclearance of the manufacturing processes of 
    these products an important part of assuring their continued safe and 
    effective use.
         The agency points out that the safety information discussed in the 
    proposal relates not only to MDI aerosol drug products containing 
    albuterol, but to all such products in pressurized MDI dosage form. 
    Recent data presented to the agency indicate that variability in the 
    performance of an MDI aerosol may result from the physical 
    characteristics of the drug substance, formulation differences, valve 
    and actuator design, and the adequacy of control parameters, 
    specifications, and test methods for each component and the final drug 
    product. Design modification of any component of the drug product may 
    result in significant alterations of the dose delivered to the lung. In 
    addition,
    
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    changes in the source or the composition of the drug product may 
    introduce unknown contamination or impurities (extractables) when the 
    propellant comes in contact with the plastic or rubber components of 
    the canister (Ref. 1).
         Because all currently marketed OTC CFC-containing MDI aerosols 
    containing epinephrine are the subject of approved applications, the 
    agency does not agree with one comment that this monograph amendment 
    will require additional data or new applications to support the safety 
    and effectiveness of these bronchodilator drug products. Based on 
    agency preclearance under existing applications, the safety and 
    effectiveness of currently marketed OTC MDI drug products are not in 
    question. However, the agency does consider it necessary that OTC 
    marketing of new or reformulated MDI aerosol drug products or products 
    manufactured by a different manufacturer or in a different facility 
    require preclearance via an approved application containing information 
    not required by the monograph to assure the continued safe and 
    effective use of these drug products.
         An NDA deviation (Sec. 330.11) applies to products whose 
    ingredient(s) is included in an OTC drug monograph. OTC MDI aerosol 
    drug products already require an NDA for marketing because of the CFC 
    propellants (Sec. 2.125(d)). A change in manufacturing procedures may 
    only require a supplement to an NDA. If a change in manufacturing 
    facilities occurs or a product is manufactured by a different company, 
    the affected manufacturer should consult with the agency to ascertain 
    what will be required in the supplemental application.
         In the proposed amendment (60 FR 13014 at 13018), the agency cited 
    several international workshops and agency advisory committee 
    discussions that identified the regulatory requirements necessary to 
    determine the safety and effectiveness of reformulated bronchodilator 
    drug products. The Commission of the European Communities, the Drug 
    Information Association, and the agency's Generic Drugs Advisory 
    Committee with representatives from the Pulmonary-Allergy Drugs 
    Advisory Committee (Refs. 2, 3, and 4, respectively) agreed that any 
    change in excipients (including propellants) might result in changes in 
    drug deposition patterns within the lung and might affect absorption 
    and systemic safety. Further, these organizations and committees stated 
    that premarket approval is essential to ensure the identity, strength, 
    quality, and purity of pressurized OTC and prescription bronchodilator 
    drug products.
         In response to some of the comment's concerns regarding the use of 
    ephinephrine, epinephrine bitartrate, and racepinephrine hydrochloride 
    in hand-held rubber bulb nebulizers, the agency agrees that some of 
    these concerns about MDI aerosol dosage forms, particularly changes in 
    the distribution characteristics of the drug in the airways, are 
    equally applicable to hand-held rubber bulb nebulizers and spraying 
    devices. The agency intends to reexamine the use of these OTC 
    bronchodilator drugs in hand-held rubber bulb nebulizers in a future 
    issue of the Federal Register.
         The agency does not agree with one comment that this amendment 
    should be withdrawn until an advisory committee has provided its 
    recommendation. As stated earlier, the agency is not questioning the 
    safety and effectiveness of currently marketed OTC MDI aerosol drug 
    products. However, the agency considers it necessary to review and 
    evaluate the manufacturing controls for these drug products to assure 
    their continued safe and effective use. This monograph amendment deals 
    with process issues (the procedure by which the product gets on the 
    market or how manufacturing changes occur), and in this particular case 
    the agency does not consider it necessary to bring this amendment to an 
    advisory committee for deliberation. However, in some cases, it may be 
    appropriate to bring procedural issues to an advisory committee.
         In the proposed monograph amendment (60 FR 13014 at 13020), the 
    agency indicated that there is a statutory phaseout of CFC propellants 
    used in these MDI aerosol products, although an exemption for MDI's for 
    the treatment of asthma and chronic obstructive pulmonary disease 
    exists through 1997. Based on the intended phaseout of CFC-containing 
    propellants in MDI aerosol dosage forms, the agency is aware that the 
    pharmaceutical and other industries are investigating alternative 
    propellants to replace CFC's in MDI's. Given the complexity of MDI 
    aerosol formulations and the interdependence of each of the MDI 
    components, the agency is concerned that the use of new excipients, 
    including non-CFC-containing propellants, could change the distribution 
    characteristics of the MDI bronchodilator drug in the airways, produce 
    a pharmacological interaction, or enhance toxicity of the active drug 
    substance. Such changes in MDI aerosol formulations might alter 
    pulmonary absorption, potentially resulting in changes in the safety 
    and/or therapeutic effectiveness of the bronchodilator drug product. 
    Thus, the agency intends to require manufacturers who reformulate 
    currently approved MDI aerosol drug products with new propellants to 
    submit additional data or a new NDA to demonstrate that inhalation and 
    ingestion of new formulations will not result in local tissue 
    irritation effects or other undesirable consequences, such as loss of 
    effectiveness or local retention, resulting from inappropriate drug 
    deposition characteristics. The additional data must include an 
    assessment of the absorption, distribution, and retention 
    characteristics of new propellant systems in man following inhalation. 
    Drug deposition profiles including the quantity of drug reaching the 
    respiratory airways and its depth of penetration must also be 
    characterized.
         Based on the above discussion, the agency considers it essential 
    that any reformulated MDI aerosol (including use of a new propellant or 
    component design alterations) have premarket approval under an approved 
    NDA to ensure the safety and effectiveness of the bronchodilator drug 
    product. Therefore, the agency is removing the ingredients epinephrine, 
    epinephrine bitartrate, and racepinephrine hydrochloride in pressurized 
    MDI aerosol dosage forms from the final monograph for OTC 
    bronchodilator drug products because such products will continue to 
    require an approved NDA containing certain information not required by 
    the monograph. However, the monograph status of these ingredients when 
    used in a hand-held rubber bulb nebulizer is not changed. Such products 
    will remain in the final monograph at this time.
    
    III. References
    
         The following references are on display in the Dockets Management 
    Branch (address above) and may be seen by interested persons between 9 
    a.m. and 4 p.m., Monday through Friday.
        (1) Adams, W. P. et al., ``Regulatory Aspects of Modifications 
    to Innovator Bronchodilator Metered Dose Inhalers and Development of 
    Generic Substitutes,'' Journal of Aerosol Medicine, 7:119-134, 1994.
        -(2) ``Report of the Commission of the European Communities' 
    Committee for Proprietary Medicinal Products, Matters Relating to 
    the Replacement of CFCs in Medicinal Products,'' December 15, 1993, 
    in OTC Vol. 04BFMA3.
        -(3) Drug Information Association, MDI's in the Milennium: 
    Workshop on Regulatory Issues of Efficacy, Safety, and Quality with 
    Metered Dose Inhalers (MDI's) Drug Dosage Forms, October 18 and 19, 
    1993, in OTC Vol. 04BFMA3.-
        (4) Transcripts of the FDA Generic Drugs Advisory Committee 
    Meeting with
    
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    Pulmonary-Allergy Drugs Advisory Committee Representation, September 
    14 and 15, 1993, identified as TS, Docket No. 94N-0247, Dockets 
    Management Branch.
    
    -IV. The Agency's Final Conclusions
    
         In this amendment, the agency is removing the ingredients 
    epinephrine, epinephrine bitartrate, and racepinephrine hydrochloride 
    in pressurized MDI aerosol dosage forms from the final monograph for 
    OTC bronchodilator drug products. Accordingly, the agency is amending 
    Sec. 341.76(d)(2) to remove Sec. 341.76(d)(2)(i)(a) and (d)(2)(i)(b). 
    The agency is also amending Sec. 310.545(a)(6)(iv) for bronchodilator 
    drug products by adding new paragraph (a)(6)(iv)(C) and listing 
    thereunder ``any ingredient(s) in a pressurized metered-dose aerosol 
    container.'' In addition, the agency is removing Sec. 341.76(e) from 
    the final monograph because that information now appears in 
    Sec. 330.1(i) (21 CFR 330.1(i)) as part of the general labeling policy 
    for OTC drug products.
         The agency points out that incorrect dates were inadvertently 
    inserted in Sec. 310.545(a)(6)(iv)(C) and (d)(26) of the proposed 
    amendment (60 FR 13014 at 13020). Consequently, the agency is revising 
    the dates in these sections to indicate that the conditions of this 
    final rule will be effective 30 days after the date of publication in 
    the Federal Register. Further, proposed Sec. 310.545(d)(26) is 
    renumbered in this final rule as Sec. 310.545(d)(25).
    
    -V. Analysis of Impacts
    
         The agency received one comment in response to the agency's 
    request for comments on any substantial or significant economic impact 
    that this rulemaking would have on OTC bronchodilator MDI aerosol drug 
    products that contain epinephrine, epinephrine bitartrate, and 
    racepinephrine hydrochloride (60 FR 13014 at 13020). The comment 
    indicated that this rulemaking would have a significant impact on the 
    OTC bronchodilator industry and itself if additional data or new NDA's 
    were requested for existing NDA-approved MDI aerosol drug products. As 
    discussed above, this monograph amendment should have minimal impact on 
    any existing MDI aerosol drug product marketed under an approved NDA. 
    Any changes in manufacturing procedures will require a standard 
    supplemental application that would have been required before the 
    amendment was finalized.
         FDA has examined the impacts of this final rule under Executive 
    Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
    Executive Order 12866 directs agencies to assess all costs and benefits 
    of available regulatory alternatives and, when regulation is necessary, 
    to select regulatory approaches that maximize net benefits (including 
    potential economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this final rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the final 
    rule is not a significant regulatory action as defined by the Executive 
    Order and so is not subject to review under the Executive Order.
         The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact of a rule 
    on small entities. This monograph amendment does not change the status 
    of any currently marketed MDI aerosol drug products. All such products 
    are currently the subject of an approved application. As is currently 
    the case for marketed MDI aerosol products, in the interest of public 
    health and safety, an approved application will be required for any 
    product that is reformulated to contain a non-CFC propellant. In 
    addition, there are a limited number of MDI aerosol bronchodilator drug 
    product manufacturers. Accordingly, the agency certifies that this 
    final rule will not have a significant economic impact on a substantial 
    number of small entities. Therefore, under the Regulatory Flexibility 
    Act, no further analysis is required.
    
    -VI. Environmental Impact
    
         The agency has determined under 21 CFR 25.24(c)(6) that this 
    action is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    -List of Subjects
    
    21 CFR Part 310
    
         Administrative practice and procedure, Drugs, Labeling, Medical 
    devices, Reporting and recordkeeping requirements.
    
    21 CFR Part 341
    
         Labeling, Over-the-counter drugs.
         Therefore, under the Federal Food, Drug, and Cosmetic Act and 
    under authority delegated to the Commissioner of Food and Drugs, 21 CFR 
    parts 310 and 341 are amended as follows:
    
    -PART 310--NEW DRUGS
    
         1. The authority citation for 21 CFR part 310 continues to read as 
    follows:
    
         Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 512-
    516, 520, 601(a), 701, 704, 705, 721 of the Federal Food, Drug, and 
    Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 
    360b-360f, 360j, 361(a), 371, 374, 375, 379e); secs. 215, 301, 
    302(a), 351, 354-360F of the Public Health Service Act (42 U.S.C. 
    216, 241, 242(a), 262, 263b-263n).
         2. Section 310.545 is amended by adding new paragraphs 
    (a)(6)(iv)(C) and (d)(25) and by revising paragraph (d) introductory 
    text to read as follows:
    
    Sec. 310.545   Drug products containing certain active ingredients 
    offered over-the-counter (OTC) for certain uses.
    
         (a) * * *
         (6) * * *
         (iv) Bronchodilator drug products.
    * * *
         (C) Approved as of June 19, 1996. Any ingredient(s) in a 
    pressurized metered-dose inhaler container.
     * * * * *
         (d) Any OTC drug product that is not in compliance with this 
    section is subject to regulatory action if initially introduced or 
    initially delivered for introduction into interstate commerce after the 
    dates specified in paragraphs (d)(1) through (d)(25) of this section.
     * * * * *
         (25) June 19, 1996, for products subject to paragraph 
    (a)(6)(iv)(C) of this section.
    
    -PART 341--COLD, COUGH, ALLERGY, BRONCHODILATOR, AND ANTIASTHMATIC 
    DRUG PRODUCTS FOR OVER-THE-COUNTER HUMAN USE
    
         3. The authority citation for 21 CFR part 341 continues to read as 
    follows:
    
         Authority:  Secs. 201, 501, 502, 503, 505, 510, 701 of the 
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 351, 352, 353, 
    355, 360, 371).
    
    
    Sec. 341.76   [Amended]
    
         4. Section 341.76 is amended by removing paragraphs (d)(2)(i) and 
    (e), redesignating paragraph (d)(2)(ii) as paragraph (d)(2), and 
    revising the heading of newly redesignated paragraph (d)(2) to read as 
    follows:
    
    
    Sec. 341.76   Labeling of bronchodilator drug products.
    
    -* * * * *
         (d) * * *
        -(2) For products containing epinephrine, epinephrine bitartrate, 
    and racepinephrine hydrochloride identified
    
    [[Page 25147]]
    
    in Sec. 341.16(d), (e), and (g) for use in a hand-held rubber bulb 
    nebulizer.
    * * *
    
        Dated: April 11, 1996.
    William K. Hubbard,
    Associate Commissioner for Policy Coordination.
    [FR Doc. 96-12499 Filed 5-17-96; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Published:
05/20/1996
Department:
Food and Drug Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-12499
Pages:
25142-25147 (6 pages)
Docket Numbers:
Docket No. 94N-0247
RINs:
0910-AA01: Over-the-Counter (OTC) Drug Review
RIN Links:
https://www.federalregister.gov/regulations/0910-AA01/over-the-counter-otc-drug-review
PDF File:
96-12499.pdf
CFR: (2)
21 CFR 310.545
21 CFR 341.76