80_FR_12547 80 FR 12502 - Product-Specific Bioequivalence Recommendations; Draft and Revised Draft Guidances for Industry; Availability

80 FR 12502 - Product-Specific Bioequivalence Recommendations; Draft and Revised Draft Guidances for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12502-12504
FR Document2015-05347

The Food and Drug Administration (FDA or the Agency) is announcing the availability of additional draft and revised draft product-specific bioequivalence (BE) recommendations. The recommendations provide product-specific guidance on the design of BE studies to support abbreviated new drug applications (ANDAs). In the Federal Register of June 11, 2010, FDA announced the availability of a guidance for industry entitled ``Bioequivalence Recommendations for Specific Products,'' which explained the process that would be used to make product-specific BE recommendations available to the public on FDA's Web site. The BE recommendations identified in this notice were developed using the process described in that guidance.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12502-12504]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05347]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]


Product-Specific Bioequivalence Recommendations; Draft and 
Revised Draft Guidances for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the availability of additional draft and revised draft 
product-specific bioequivalence (BE) recommendations. The 
recommendations provide product-specific guidance on the design of BE 
studies to support abbreviated new drug applications (ANDAs). In the 
Federal Register of June 11, 2010, FDA announced the availability of a 
guidance for industry entitled ``Bioequivalence Recommendations for 
Specific Products,'' which explained the process that would be used to 
make product-specific BE recommendations available to the public on 
FDA's Web site. The BE recommendations identified in this notice were 
developed using the process described in that guidance.

DATES: Although you can comment on any guidance at any time (see 21 CFR

[[Page 12503]]

10.115(g)(5)), to ensure that the Agency considers your comments on 
these draft and revised draft guidances before it begins work on the 
final versions of the guidances, submit either electronic or written 
comments on the draft and revised draft product-specific BE 
recommendations listed in this notice by May 8, 2015.

ADDRESSES: Submit written requests for single copies of the individual 
BE guidances to the Division of Drug Information, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10001 New 
Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 
20993-0002. Send one self-addressed adhesive label to assist that 
office in processing your requests. See the SUPPLEMENTARY INFORMATION 
section for electronic access to the draft guidance recommendations.
    Submit electronic comments on the draft product-specific BE 
recommendations to http://www.regulations.gov. Submit written comments 
to the Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Xiaoqiu Tang, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 75, Rm. 4730, Silver Spring, MD 20993-0002, 301-
796-5850.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA 
announced the availability of a guidance for industry entitled 
``Bioequivalence Recommendations for Specific Products,'' which 
explained the process that would be used to make product-specific BE 
recommendations available to the public on FDA's Web site at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    As described in that guidance, FDA adopted this process as a means 
to develop and disseminate product-specific BE recommendations and 
provide a meaningful opportunity for the public to consider and comment 
on those recommendations. Under that process, draft recommendations are 
posted on FDA's Web site and announced periodically in the Federal 
Register. The public is encouraged to submit comments on those 
recommendations within 60 days of their announcement in the Federal 
Register. FDA considers any comments received, and either publishes 
final recommendations or publishes revised draft recommendations for 
comment. Recommendations were last announced in the Federal Register on 
December 30, 2014 (79 FR 78447). This notice announces draft product-
specific recommendations, either new or revised, that are posted on 
FDA's Web site.

II. Drug Products for Which New Draft Product-Specific BE 
Recommendations Are Available

    FDA is announcing the availability of a new draft guidance for 
industry on product-specific BE recommendations for drug products 
containing the following active ingredients:

Table 1--New Draft Product-Specific BE Recommendations for Drug Products
------------------------------------------------------------------------
 
------------------------------------------------------------------------
A..............................  Avanafil.
                                 Azilsartan medoxomil; Chlorthalidone.
B..............................  Buprenorphine hydrochloride; Naloxone
                                  hydrochloride.
C..............................  Chlorpheniramine maleate; Ibuprofen;
                                  Phenylephrine hydrochloride.
                                 Cyclosporine (multiple reference listed
                                  drugs).
D..............................  Deferiprone.
                                 Desoximetasone.
                                 Diclofenac.
                                 Dorzolamide.
                                 Doxepin hydrochloride.
E..............................  Eltrombopag olamine.
                                 Emtricitabine; Rilpivirine
                                  hydrochloride; Tenofovir disoproxil
                                  fumarate.
F..............................  Flucinolone acetonide; Hydroquinone;
                                  Tretinoin.
I..............................  Ibrutinib.
                                 Ibuprofen.
                                 Ipratropium bromide.
                                 Isosorbide dinitrate.
                                 Isotretinoin.
                                 Ivacaftor.
L..............................  Loperamide hydrochloride (multiple
                                  reference listed drugs and dosage
                                  forms).
M..............................  Minocycline hydrochloride.
N..............................  Naproxen sodium; Diphenhydramine
                                  hydrochloride.
O..............................  Oseltamivir phosphate.
                                 Oxybutynin chloride.
P..............................  Potassium chloride.
                                 Praziquantel.
                                 Pyrimethamine.
S..............................  Sodium polystyrene sulfonate
                                 Spinosad.
                                 Sucroferric oxyhydroxide.
T..............................  Ticagrelor.
                                 Topiramate (multiple reference listed
                                  drugs).
V..............................  Vigabatrin.
------------------------------------------------------------------------

III. Drug Products for Which Revised Draft Product-Specific BE 
Recommendations Are Available

    FDA is announcing the availability of a revised draft guidance for 
industry on product-specific BE recommendations for drug products 
containing the following active ingredients:

   Table 2--Revised Draft Product-Specific BE Recommendations for Drug
                                Products
------------------------------------------------------------------------
 
------------------------------------------------------------------------
B..............................  Brimonidine tartrate (multiple
                                  reference listed drugs).
                                 Brimonidine tartrate; Brinzolamide.
                                 Brinzolamide.
                                 Budesonide.
C..............................  Carbamazepine (multiple reference
                                  listed drugs and dosage forms).
                                 Ciprofloxacin; dexamethasone.
D..............................  Dexmethylphenidate hydrochloride.
                                 Dextroamphetamine sulfate.
                                 Doxepin hydrochloride.
G..............................  Gabapentin.
I..............................  Isotretinoin.
M..............................  Methylphenidate hydrochloride.
                                 Mirtazapine.
N..............................  Nisoldipine.
P..............................  Paliperidone.
T..............................  Teriflunomide.
------------------------------------------------------------------------

    For a complete history of previously published Federal Register 
notices related to product-specific BE recommendations, go to http://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft and revised draft guidances are being issued consistent 
with FDA's good guidance practices regulation (21 CFR 10.115). These 
guidances represent the Agency's current thinking on product-specific 
design of BE studies to support ANDAs. They do not create or confer any 
rights for or on any person and do not operate to bind FDA or the 
public. An alternative approach may be used if such approach satisfies 
the requirements of the applicable statutes and regulations.

IV. Comments

    Interested persons may submit either electronic comments on any of 
the specific BE recommendations posted on FDA's Web site to http://www.regulations.gov or written comments to the Division of Dockets 
Management (see ADDRESSES). It is only necessary to send one set of 
comments. Identify comments with the docket number found in brackets in 
the heading of this document. The guidances, notices, and received 
comments may be seen in the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday, and

[[Page 12504]]

will be posted to the docket at http://www.regulations.gov.

V. Electronic Access

    Persons with access to the Internet may obtain the document at 
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: March 3, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05347 Filed 3-6-15; 8:45 am]
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                                                  12502                          Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                     FDA has actively participated in the                 published in the Federal Register of                  V. Comments
                                                  International Conference on                             September 15, 2011 (76 FR 57056). The                    Interested persons may submit either
                                                  Harmonisation of Technical                              revised guidance includes minor                       electronic comments regarding this
                                                  Requirements for Registration of                        changes that clarify recommendations                  document to www.regulations.gov or
                                                  Pharmaceuticals for Human Use for                       for conducting a single timepoint study               written comments to the Division of
                                                  several years to develop harmonized                     for products proposed for a 0-day                     Dockets Management (see ADDRESSES). It
                                                  technical requirements for the approval                 withdrawal period or a 0-day milk                     is only necessary to send one set of
                                                  of human pharmaceutical and biological                  discard time. In addition, the design for             comments. Identify comments with the
                                                  products among the European Union,                      a 0-day milk discard timestudy was                    docket number found in brackets in the
                                                  Japan, and the United States. The VICH                  described, and a definition for                       heading of this document. Received
                                                  is a parallel initiative for veterinary                 preruminant was added. This revised                   comments may be seen in the Division
                                                  medicinal products. The VICH is                         guidance is a product of the Metabolism               of Dockets Management between 9 a.m.
                                                  concerned with developing harmonized                    and Residue Kinetics Expert Working                   and 4 p.m., Monday through Friday, and
                                                  technical requirements for the approval                 Group of the VICH.                                    will be posted to the docket at http://
                                                  of veterinary medicinal products in the                   As part of the approval process for                 www.regulations.gov.
                                                  European Union, Japan, and the United                   veterinary medicinal products in food-
                                                  States, and includes input from both                    producing animals, national/regional                  VI. Electronic Access
                                                  regulatory and industry representatives.                regulatory authorities require data from                Persons with access to the Internet
                                                     The VICH Steering Committee is                       marker residue depletion studies in                   may obtain the guidance at either
                                                  composed of member representatives                      order to establish appropriate                        http://www.fda.gov/AnimalVeterinary/
                                                  from the European Commission,                           withdrawal periods in edible tissues,                 GuidanceComplianceEnforcement/
                                                  European Medicines Evaluation Agency,                   including meat, milk, and eggs. The                   GuidanceforIndustry/default.htm or
                                                  European Federation of Animal Health,                   objective of this guidance is to provide              http://www.regulations.gov.
                                                  Committee on Veterinary Medicinal                       study design recommendations that will
                                                  Products, FDA, U.S. Department of                                                                               Dated: March 3, 2015.
                                                                                                          facilitate the universal acceptance of the
                                                  Agriculture, the Animal Health                                                                                Leslie Kux,
                                                                                                          generated residue depletion data to
                                                  Institute, Japanese Veterinary                          fulfill the national/regional                         Associate Commissioner for Policy.
                                                  Pharmaceutical Association, Japanese                    requirements.                                         [FR Doc. 2015–05345 Filed 3–6–15; 8:45 am]
                                                  Association of Veterinary Biologics, and                                                                      BILLING CODE 4164–01–P
                                                  Japanese Ministry of Agriculture,                       III. Significance of Guidance
                                                  Forestry, and Fisheries.
                                                                                                             As a result of Level 2 revisions, this
                                                     Six observers are eligible to                                                                              DEPARTMENT OF HEALTH AND
                                                  participate in the VICH Steering                        VICH revised guidance is being issued
                                                                                                          in final, consistent with FDA’s good                  HUMAN SERVICES
                                                  Committee: One representative from the
                                                  government of Australia/New Zealand,                    guidance practice (GGP) regulations at                Food and Drug Administration
                                                  one representative from the industry in                 21 CFR 10.115(g)(4). This guidance,
                                                                                                          developed under the VICH process, has                 [Docket No. FDA–2007–D–0369]
                                                  Australia/New Zealand, one
                                                  representative from the government of                   been revised to conform to FDA’s GGP
                                                                                                          regulation (21 CFR 10.115). For                       Product-Specific Bioequivalence
                                                  Canada, one representative from the                                                                           Recommendations; Draft and Revised
                                                  industry of Canada, one representative                  example, the document has been
                                                                                                          designated ‘‘guidance’’ rather than                   Draft Guidances for Industry;
                                                  from the government of South Africa,                                                                          Availability
                                                  and one representative from the                         ‘‘guideline.’’ In addition, guidance
                                                  industry of South Africa. The VICH                      documents must not include mandatory                  AGENCY:   Food and Drug Administration,
                                                  Secretariat, which coordinates the                      language such as ‘‘shall,’’ ‘‘must,’’                 HHS.
                                                  preparation of documentation, is                        ‘‘require,’’ or ‘‘requirement,’’ unless               ACTION:   Notice.
                                                  provided by the International                           FDA is using these words to describe a
                                                  Federation for Animal Health (IFAH).                    statutory or regulatory requirement.                  SUMMARY:   The Food and Drug
                                                  An IFAH representative also                                This VICH guidance represents the                  Administration (FDA or the Agency) is
                                                  participates in the VICH Steering                       Agency’s current thinking on this topic.              announcing the availability of
                                                  Committee meetings.                                     It does not create or confer any rights for           additional draft and revised draft
                                                                                                          or on any person and does not operate                 product-specific bioequivalence (BE)
                                                  II. Revised Guidance on Studies To                      to bind FDA or the public. An                         recommendations. The
                                                  Evaluate the Metabolism and Residue                     alternative approach may be used if                   recommendations provide product-
                                                  Kinetics of Veterinary Drugs in Food-                   such approach satisfies the                           specific guidance on the design of BE
                                                  Producing Animals: Marker Residue                       requirements of applicable statutes and               studies to support abbreviated new drug
                                                  Depletion Studies To Establish Product                  regulations.                                          applications (ANDAs). In the Federal
                                                  Withdrawal Periods                                                                                            Register of June 11, 2010, FDA
                                                                                                          IV. Paperwork Reduction Act of 1995                   announced the availability of a guidance
                                                     In June 2014, the VICH Steering
                                                  Committee agreed that a revised                           This revised guidance refers to                     for industry entitled ‘‘Bioequivalence
                                                  guidance document entitled ‘‘Studies to                 previously approved collections of                    Recommendations for Specific
                                                  Evaluate the Metabolism and Residue                     information found in FDA regulations.                 Products,’’ which explained the process
                                                                                                                                                                that would be used to make product-
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Kinetics of Veterinary Drugs in Food-                   These collections of information are
                                                  Producing Animals: Marker Residue                       subject to review by the Office of                    specific BE recommendations available
                                                  Depletion Studies to Establish Product                  Management and Budget (OMB) under                     to the public on FDA’s Web site. The BE
                                                  Withdrawal Periods’’ (VICH GL48(R))                     the Paperwork Reduction Act of 1995                   recommendations identified in this
                                                  should be made available to the public.                 (44 U.S.C. 3501–3520). The collections                notice were developed using the process
                                                  The revised guidance is a revision of a                 of information in 21 CFR part 514 have                described in that guidance.
                                                  final guidance on the same topic for                    been approved under OMB control                       DATES: Although you can comment on
                                                  which a notice of availability was                      number 0910–0032.                                     any guidance at any time (see 21 CFR


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                                                                                 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices                                                    12503

                                                  10.115(g)(5)), to ensure that the Agency                received, and either publishes final                    III. Drug Products for Which Revised
                                                  considers your comments on these draft                  recommendations or publishes revised                    Draft Product-Specific BE
                                                  and revised draft guidances before it                   draft recommendations for comment.                      Recommendations Are Available
                                                  begins work on the final versions of the                Recommendations were last announced                        FDA is announcing the availability of
                                                  guidances, submit either electronic or                  in the Federal Register on December 30,                 a revised draft guidance for industry on
                                                  written comments on the draft and                       2014 (79 FR 78447). This notice                         product-specific BE recommendations
                                                  revised draft product-specific BE                       announces draft product-specific                        for drug products containing the
                                                  recommendations listed in this notice                   recommendations, either new or                          following active ingredients:
                                                  by May 8, 2015.                                         revised, that are posted on FDA’s Web
                                                  ADDRESSES: Submit written requests for                  site.                                                     TABLE 2—REVISED DRAFT PRODUCT-
                                                  single copies of the individual BE
                                                                                                          II. Drug Products for Which New Draft                      SPECIFIC BE RECOMMENDATIONS
                                                  guidances to the Division of Drug
                                                                                                          Product-Specific BE Recommendations                        FOR DRUG PRODUCTS
                                                  Information, Center for Drug Evaluation
                                                  and Research, Food and Drug                             Are Available
                                                                                                                                                                  B .....     Brimonidine tartrate (multiple ref-
                                                  Administration, 10001 New Hampshire                                                                                           erence listed drugs).
                                                  Ave., Hillandale Building, 4th Floor,                     FDA is announcing the availability of
                                                                                                          a new draft guidance for industry on                                Brimonidine tartrate; Brinzolamide.
                                                  Silver Spring, MD 20993–0002. Send                                                                                          Brinzolamide.
                                                  one self-addressed adhesive label to                    product-specific BE recommendations
                                                                                                                                                                              Budesonide.
                                                  assist that office in processing your                   for drug products containing the                        C .....     Carbamazepine (multiple reference
                                                  requests. See the SUPPLEMENTARY                         following active ingredients:                                         listed drugs and dosage forms).
                                                  INFORMATION section for electronic                                                                                          Ciprofloxacin; dexamethasone.
                                                  access to the draft guidance                             TABLE 1—NEW DRAFT PRODUCT-SPE-                         D .....     Dexmethylphenidate hydrochloride.
                                                  recommendations.                                          CIFIC BE RECOMMENDATIONS FOR                                      Dextroamphetamine sulfate.
                                                                                                                                                                              Doxepin hydrochloride.
                                                    Submit electronic comments on the                       DRUG PRODUCTS                                         G .....     Gabapentin.
                                                  draft product-specific BE                                                                                       I .......   Isotretinoin.
                                                  recommendations to http://                              A .....     Avanafil.                                   M .....     Methylphenidate hydrochloride.
                                                  www.regulations.gov. Submit written                                 Azilsartan medoxomil; Chlorthalidone.                   Mirtazapine.
                                                  comments to the Division of Dockets                     B .....     Buprenorphine              hydrochloride;   N .....     Nisoldipine.
                                                  Management (HFA–305), Food and Drug                                    Naloxone hydrochloride.                  P .....     Paliperidone.
                                                  Administration, 5630 Fishers Lane, Rm.                  C .....     Chlorpheniramine maleate; Ibuprofen;        T .....     Teriflunomide.
                                                  1061, Rockville, MD 20852.                                             Phenylephrine hydrochloride.
                                                  FOR FURTHER INFORMATION CONTACT:                                    Cyclosporine (multiple reference listed        For a complete history of previously
                                                  Xiaoqiu Tang, Center for Drug                                          drugs).                                  published Federal Register notices
                                                                                                          D .....     Deferiprone.                                related to product-specific BE
                                                  Evaluation and Research, Food and
                                                                                                                      Desoximetasone.                             recommendations, go to http://
                                                  Drug Administration, 10903 New
                                                                                                                      Diclofenac.                                 www.regulations.gov and enter Docket
                                                  Hampshire Ave., Bldg. 75, Rm. 4730,
                                                                                                                      Dorzolamide.                                No. FDA–2007–D–0369.
                                                  Silver Spring, MD 20993–0002, 301–
                                                                                                                      Doxepin hydrochloride.                         These draft and revised draft
                                                  796–5850.
                                                                                                          E .....     Eltrombopag olamine.
                                                  SUPPLEMENTARY INFORMATION:                                                                                      guidances are being issued consistent
                                                                                                                      Emtricitabine;     Rilpivirine    hydro-
                                                                                                                                                                  with FDA’s good guidance practices
                                                  I. Background                                                          chloride; Tenofovir disoproxil fuma-
                                                                                                                         rate.                                    regulation (21 CFR 10.115). These
                                                     In the Federal Register of June 11,                  F .....     Flucinolone acetonide; Hydroquinone;        guidances represent the Agency’s
                                                  2010 (75 FR 33311), FDA announced the                                  Tretinoin.                               current thinking on product-specific
                                                  availability of a guidance for industry                 I .......   Ibrutinib.                                  design of BE studies to support ANDAs.
                                                  entitled ‘‘Bioequivalence                                           Ibuprofen.                                  They do not create or confer any rights
                                                  Recommendations for Specific                                        Ipratropium bromide.                        for or on any person and do not operate
                                                  Products,’’ which explained the process                             Isosorbide dinitrate.                       to bind FDA or the public. An
                                                  that would be used to make product-                                 Isotretinoin.                               alternative approach may be used if
                                                  specific BE recommendations available                               Ivacaftor.                                  such approach satisfies the
                                                  to the public on FDA’s Web site at                      L ......    Loperamide hydrochloride (multiple          requirements of the applicable statutes
                                                  http://www.fda.gov/Drugs/Guidance                                      reference listed drugs and dosage        and regulations.
                                                  ComplianceRegulatoryInformation/                                       forms).
                                                                                                          M .....     Minocycline hydrochloride.                  IV. Comments
                                                  Guidances/default.htm.
                                                     As described in that guidance, FDA                   N .....     Naproxen sodium; Diphenhydramine              Interested persons may submit either
                                                  adopted this process as a means to                                     hydrochloride.                           electronic comments on any of the
                                                  develop and disseminate product-                        O .....     Oseltamivir phosphate.                      specific BE recommendations posted on
                                                  specific BE recommendations and                                     Oxybutynin chloride.                        FDA’s Web site to http://
                                                  provide a meaningful opportunity for                    P .....     Potassium chloride.                         www.regulations.gov or written
                                                  the public to consider and comment on                               Praziquantel.                               comments to the Division of Dockets
                                                  those recommendations. Under that                                   Pyrimethamine.                              Management (see ADDRESSES). It is only
                                                                                                          S .....     Sodium polystyrene sulfonate
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  process, draft recommendations are                                                                              necessary to send one set of comments.
                                                                                                                      Spinosad.                                   Identify comments with the docket
                                                  posted on FDA’s Web site and
                                                                                                                      Sucroferric oxyhydroxide.                   number found in brackets in the
                                                  announced periodically in the Federal
                                                                                                          T .....     Ticagrelor.
                                                  Register. The public is encouraged to                                                                           heading of this document. The
                                                                                                                      Topiramate (multiple reference listed
                                                  submit comments on those                                                                                        guidances, notices, and received
                                                                                                                         drugs).
                                                  recommendations within 60 days of                       V .....     Vigabatrin.
                                                                                                                                                                  comments may be seen in the Division
                                                  their announcement in the Federal                                                                               of Dockets Management between 9 a.m.
                                                  Register. FDA considers any comments                                                                            and 4 p.m., Monday through Friday, and


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                                                  12504                          Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

                                                  will be posted to the docket at http://                    Instructions: All submissions received             nationwide. In addition, the DQSA adds
                                                  www.regulations.gov.                                    must include the Agency name and                      a new section, 503B, to the FD&C Act
                                                                                                          Docket No. [FDA–2015–N–0030]. All                     (21 U.S.C. 353b) that creates a new
                                                  V. Electronic Access
                                                                                                          comments received may be posted                       category of ‘‘outsourcing facilities’’.
                                                    Persons with access to the Internet                   without change to http://                             Outsourcing facilities, as defined in
                                                  may obtain the document at either                       www.regulations.gov, including any                    section 503B of the FD&C Act, are
                                                  http://www.fda.gov/Drugs/Guidance                       personal information provided.                        facilities that meet certain conditions
                                                  ComplianceRegulatoryInformation/                           Docket: For access to the docket to                described in section 503B, including
                                                  Guidances/default.htm or http://                        read background documents or                          registration with FDA as an outsourcing
                                                  www.regulations.gov.                                    comments received, go to http://                      facility. If these conditions are satisfied,
                                                    Dated: March 3, 2015.                                 www.regulations.gov and insert the                    a drug compounded for human use by
                                                                                                          docket number found in brackets in the                or under the direct supervision of a
                                                  Leslie Kux,
                                                                                                          heading of this document, into the                    licensed pharmacist in an outsourcing
                                                  Associate Commissioner for Policy.                      ‘‘Search’’ box and follow the prompts                 facility is exempt from three sections of
                                                  [FR Doc. 2015–05347 Filed 3–6–15; 8:45 am]              and/or go to the Division of Dockets                  the FD&C Act: (1) Section 502(f)(1), (2)
                                                  BILLING CODE 4164–01–P                                  Management (HFA–305), Food and Drug                   section 505, and (3) section 582 (21
                                                                                                          Administration, 5630 Fishers Lane, Rm.                U.S.C. 360eee), but not section
                                                                                                          1061, Rockville, MD 20852.                            501(a)(2)(B).
                                                  DEPARTMENT OF HEALTH AND                                                                                         Since enactment of the DQSA, FDA
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  HUMAN SERVICES                                          Philantha Bowen, Center for Drug                      has sought public comment on a
                                                                                                          Evaluation and Research, Food and                     number of specific human drug
                                                  Food and Drug Administration
                                                                                                          Drug Administration, 10903 New                        compounding issues and has published
                                                  [Docket No. FDA–2015–N–0030]                            Hampshire Ave., Bldg.51, Rm. 5175,                    several Federal Register notices seeking
                                                                                                          Silver Spring, MD 20993–0002, 301–                    public input. These have included
                                                  Compounding of Human Drug                               796–2466.                                             notices inviting comment on the
                                                  Products Under the Federal Food,                                                                              registration process and product
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Drug, and Cosmetic Act;                                                                                       reporting requirements for human drug
                                                  Establishment of a Public Docket                        I. Background                                         compounding outsourcing facilities (78
                                                  AGENCY:    Food and Drug Administration,                   Section 503A of the FD&C Act (21                   FR 72899 and 78 FR 72897), requesting
                                                  HHS.                                                    U.S.C. 353a) describes the conditions                 nominations for the list of drugs that
                                                                                                          that must be satisfied for human drug                 present demonstrable difficulties for
                                                  ACTION:   Notice; establishment of public               products compounded by a licensed                     compounding (78 FR 72840), and
                                                  docket.                                                 pharmacist or licensed physician to be                seeking input on other specific matters.
                                                  SUMMARY:   The Food and Drug                            exempt from the following three                       A complete list of the human drug
                                                  Administration (FDA or Agency) is                       sections of the FD&C Act: (1) Section                 compounding policy documents issued
                                                  establishing a public docket to receive                 501(a)(2)(B) (21 U.S.C. 351(a)(2)(B))                 by the Agency for public comment can
                                                  information, recommendations, and                       (concerning current good manufacturing                be found at http://www.fda.gov/Drugs/
                                                  comments on matters related to the                      practice); (2) section 502(f)(1) (21 U.S.C.           GuidanceCompliance
                                                                                                          352(f)(1)) (concerning the labeling of                RegulatoryInformation/Pharmacy
                                                  Agency’s regulation of compounding of
                                                                                                          drugs with adequate directions for use);              Compounding/ucm166743.htm. The
                                                  human drug products under sections
                                                                                                          and (3) section 505 (21 U.S.C. 355)                   Agency will continue to seek public
                                                  503A and 503B of the Federal Food,
                                                                                                          (concerning the approval of drugs under               comment on specific documents and
                                                  Drug, and Cosmetic Act (FD&C Act).
                                                                                                          new drug applications or abbreviated                  issues through future Federal Register
                                                  This docket is intended for general
                                                                                                          new drug applications). Previously, the               notices. The Agency recognizes,
                                                  comments related to human drug
                                                                                                          conditions of section 503A of the FD&C                however, that it would be useful to have
                                                  compounding that are not specific to
                                                                                                          Act also included restrictions on the                 a docket available for submissions of
                                                  documents or issues that are the subject
                                                                                                          advertising or promotion of the                       any information related to human drug
                                                  of other dockets.
                                                                                                          compounding of any particular drug,                   compounding that may be unrelated to
                                                  DATES: Comments may be submitted to                     class of drug, or type of drug and the                the specific issues and documents
                                                  this docket at any time.                                solicitation of prescriptions for                     published for public comment.
                                                  ADDRESSES: You may submit comments,                     compounded drugs. These provisions
                                                  identified by Docket No. [FDA–2015–N–                                                                         II. Establishment of a Docket
                                                                                                          were challenged in court and held
                                                  0030], by any of the following methods.                 unconstitutional by the U.S. Supreme                     FDA is establishing a public docket so
                                                                                                          Court in 2002.1                                       that anyone can share information,
                                                  Electronic Submissions                                                                                        research, and ideas on any matters
                                                                                                             On November 27, 2013, President
                                                    Submit electronic comments in the                     Obama signed the Drug Quality and                     related to human drug compounding
                                                  following way:                                          Security Act (DQSA) (Pub. L. 113–54),                 that are not specific to the documents or
                                                    • Federal eRulemaking Portal: http://                 which contains important provisions                   issues addressed in other dockets. This
                                                  www.regulations.gov. Follow the                         relating to the oversight of human drug               information will give the Agency insight
                                                  instructions for submitting comments.                   compounding. This new law removes                     into stakeholders’ experiences and
                                                                                                          from section 503A of the FD&C Act the                 views regarding human drug
                                                  Written Submissions
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          provisions that had been held                         compounding as the Agency works to
                                                    Submit written comments in the                        unconstitutional by the U.S. Supreme                  implement sections 503A and 503B of
                                                  following ways:                                         Court in 2002. By removing these                      the FD&C Act.
                                                    • Mail/Hand delivery/Courier (for                     provisions, the new law clarifies that                   This docket will be open for comment
                                                  paper submissions): Division of Dockets                 section 503A of the FD&C Act applies                  simultaneously with a number of other
                                                  Management (HFA–305), Food and Drug                                                                           dockets that are specific to particular
                                                  Administration, 5630 Fishers Lane, Rm.                    1 See Thompson v. Western States Med. Ctr., 535     human drug compounding documents
                                                  1061, Rockville, MD 20852.                              U.S. 357 (2002).                                      or issues (see http://www.fda.gov/drugs/


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Document Created: 2015-12-18 12:05:12
Document Modified: 2015-12-18 12:05:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comments on these draft and revised draft guidances before it begins work on the final versions of the guidances, submit either electronic or written comments on the draft and revised draft product-specific BE recommendations listed in this notice by May 8, 2015.
ContactXiaoqiu Tang, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 4730, Silver Spring, MD 20993-0002, 301- 796-5850.
FR Citation80 FR 12502 

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