80_FR_65977 80 FR 65770 - Bulk Drug Substances That Can Be Used To Compound Drug Products in Accordance With Section 503B of the Federal Food, Drug, and Cosmetic Act; Establishment of a Public Docket

80 FR 65770 - Bulk Drug Substances That Can Be Used To Compound Drug Products in Accordance With Section 503B of the Federal Food, Drug, and Cosmetic Act; Establishment of a Public Docket

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range65770-65774
FR Document2015-27270

The Food and Drug Administration (FDA or Agency) is developing a list of bulk drug substances (active ingredients) that can be used to compound drug products in accordance with the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (the 503B bulks list). The Agency previously solicited nominations for the list, but some of the nominated substances were not supported by sufficient information for FDA to evaluate them. FDA is establishing a public docket where these substances can be renominated with sufficient supporting information or to receive nominations of bulk drug substances that were not previously nominated for consideration for inclusion on the 503B bulks list. Interested parties can also submit comments on nominated substances via this docket.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Notices]
[Pages 65770-65774]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27270]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-3469]


Bulk Drug Substances That Can Be Used To Compound Drug Products 
in Accordance With Section 503B of the Federal Food, Drug, and Cosmetic 
Act; Establishment of a Public Docket

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; establishment of public docket.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is developing 
a list of bulk drug substances (active ingredients) that can be used to 
compound drug products in accordance with the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (the 503B bulks list). The Agency 
previously solicited nominations for the list, but some of the 
nominated substances were not supported by sufficient information for 
FDA to evaluate them. FDA is establishing a public docket where these 
substances can be renominated with sufficient supporting information or 
to

[[Page 65771]]

receive nominations of bulk drug substances that were not previously 
nominated for consideration for inclusion on the 503B bulks list. 
Interested parties can also submit comments on nominated substances via 
this docket.

DATES: Nominations and comments may be submitted to this docket at any 
time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-N-3469 for ``Bulk Drug Substances That Can Be Used To Compound 
Drug Products in Accordance With Section 503B of the Federal Food, 
Drug, and Cosmetic Act; Establishment of a Public Docket.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Philantha Bowen, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 5175, Silver Spring, MD 20993-0002, 301-
796-2466.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Drug Quality and Security Act (Pub. L. 113-54), which 
added a new section 503B to the FD&C Act (21 U.S.C. 353b), outsourcing 
facilities \1\ may qualify for certain exemptions from the FD&C Act if 
the conditions set forth in the statute are satisfied. Those conditions 
include that an outsourcing facility does not compound drug products 
using a bulk drug substance unless the bulk drug substance appears on a 
list established by the Secretary identifying bulk drug substances for 
which there is a clinical need (the 503B bulks list), or the drug 
product compounded from such bulk drug substance appears on the drug 
shortage list in effect under section 506E of the FD&C Act (21 U.S.C. 
356e) (FDA drug shortage list) at the time of compounding, 
distribution, and dispensing, and each of the following conditions are 
met: (1) If an applicable monograph exists under the United States 
Pharmacopeia (USP), the National Formulary, or another compendium or 
pharmacopeia recognized by the Secretary for purposes of this 
paragraph, the bulk drug substance complies with the monograph; (2) the 
bulk drug substance is manufactured by an establishment that is 
registered under section 510 of the FD&C Act (21 U.S.C. 360); and (3) 
the bulk drug substance is accompanied by a valid certificate of 
analysis (see section 503B(a)(2) of the FD&C Act).
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    \1\ ``Outsourcing facilities'' are facilities that meet certain 
conditions described in section 503B of the FD&C Act, including 
registering with FDA as an outsourcing facility.
---------------------------------------------------------------------------

    Section 503B refers to the definition of ``bulk drug substance'' in 
FDA regulations at Sec.  207.3(a)(4) (21 CFR 207.3(a)(4)). (See section 
503B(a)(2) of the FD&C Act.) As defined in Sec.  207.3(a)(4), a ``bulk 
drug substance'' is any substance that is represented for use in a drug 
and that, when used in the manufacturing, processing, or packaging of a 
drug, becomes an active ingredient or a finished dosage form of the 
drug, but the term does not include intermediates used in the synthesis 
of such substances.
    An ``active ingredient'' is any component that is intended to 
furnish pharmacological activity or other direct effect in the 
diagnosis, cure, mitigation, treatment, or prevention of disease, or to 
affect the structure or any function of the body of man or other 
animals. The term includes those components that may undergo chemical 
change in the manufacture of the drug product and be present in the 
drug product in a modified form intended to furnish the specified 
activity or effect. (See Sec.  210.3(b)(7) (21 CFR 210.3(b)(7)).)

[[Page 65772]]

    Any component other than an active ingredient is an ``inactive 
ingredient.'' (See Sec.  210.3(b)(8).) Inactive ingredients used in 
compounded drug products, which commonly include flavorings, dyes, 
diluents, or other excipients, need not appear on the Secretary's list 
of bulk drug substances to be eligible for use in compounding drug 
products and will not be included on the list.
    In a document dated November 27, 2013, published in the Federal 
Register of December 4, 2013 (78 FR 72838), FDA invited all interested 
persons to nominate bulk drug substances for inclusion on the 503B 
bulks list. Over 2,000 substances were nominated. However, many of the 
nominations were not for bulk drug substances used in compounding as 
active ingredients, or they did not include sufficient information to 
allow FDA to evaluate the nominated substances for placement on the 
list. To improve the efficiency of the process for developing the 503B 
bulks list, FDA reopened the nomination process in July 2014 (79 FR 
37747, July 2, 2014), and provided more detailed information on what it 
needs to evaluate nominations for the list. FDA stated that bulk drug 
substances that were previously nominated would not be further 
considered unless they were renominated with adequate support to permit 
a meaningful evaluation. Substances that were already eligible for use 
in compounding or that were not adequately supported would not be 
evaluated for placement on the list.
    In response to the July 2, 2014, request for nominations, 
approximately 2,590 unique substances were nominated. Of the nominated 
substances, approximately 1,750 are not eligible for inclusion on the 
list because they are either a finished drug product, a biological 
product subject to licensure in a biologics license application (BLA), 
a radiopharmaceutical drug product, a substance with no currently 
accepted medical use that is included on Schedule I of the Controlled 
Substances Act (CSA) (21 U.S.C. 812(c)), or they appear on the list 
published by FDA of substances that have been withdrawn or removed from 
the market because such drug products or components of such drug 
products have been found to be unsafe or not effective. Of the 
substances that are not biological products subject to licensure in a 
BLA, finished drug products, radiopharmaceuticals, do not appear on 
Schedule I in the CSA, and do not appear on the withdrawn or removed 
list, approximately 650 substances were nominated with insufficient 
supporting evidence for FDA to evaluate them.

II. Establishment of a Docket

    As described in section III.B of the draft guidance entitled 
``Interim Policy on Compounding Using Bulk Drug Substances Under 
Section 503B of the Federal Food, Drug, and Cosmetic Act,'' FDA is 
establishing a public docket so that interested parties can comment on 
nominated bulk drug substances, nominate bulk drug substances that were 
not previously nominated for the 503B bulks list, or renominate with 
adequate supporting information bulk drug substances that were 
previously nominated but that were not supported by sufficient 
information for FDA to evaluate them. Docket No. FDA-2013-N-1524 is 
closed for comment. Therefore, this new docket can be used for 
commenting on nominations previously submitted to that docket as well 
as for submitting new nominations.
    In the Federal Register document seeking nominations, FDA stated 
that the following information about clinical need is necessary to 
provide adequate support for nominations to the 503B bulks list:
     A statement describing the medical condition(s) that the 
drug product to be compounded with the nominated bulk drug substances 
is intended to treat;
     A list of FDA-approved drug products, if any, that address 
the same medical condition;
     If there are any FDA-approved drug products that address 
the same medical condition, an explanation of why a compounded drug 
product is necessary;
     If the approved drug product is not suitable for a 
particular patient population, an estimate of the size of the 
population that would need a compounded drug product;
     A bibliography of safety and efficacy data for the drug 
product compounded using the nominated substance, if available, 
including any relevant peer-reviewed medical literature; and
     If there is an FDA-approved drug product that includes the 
bulk drug substance nominated, an explanation of why the drug product 
proposed to be compounded must be compounded from bulk rather than with 
the FDA-approved drug product.
    Therefore, to be considered for placement on the 503B bulks list, 
this information should be submitted for each nominated substance.
    Interested groups and individuals may nominate specific bulk drug 
substances for inclusion on the 503B bulks list, renominate previously 
nominated substances with additional information, or comment on 
nominated substances. Nominations will only be evaluated if they are 
for specific active ingredients that meet the definition of a bulk drug 
substance in Sec.  207.3(a)(4). Nominated substances that do not meet 
this definition will not be included on the list. To fully evaluate a 
bulk drug substance using the criteria identified in this document, FDA 
needs the following information about both the nominated bulk drug 
substance and the drug product(s) that will be compounded using such 
substance:

A. Active Ingredients

1. Confirmation That the Nominated Substance Is a Bulk Drug Substance
     A statement that the nominated substance is an active 
ingredient that meets the definition of ``bulk drug substance'' in 
Sec.  207.3(a)(4), and an explanation of why the substance is 
considered an active ingredient when it is used in compounded drug 
products, citing specific sources that describe the active properties 
of the substance.
2. General Background on the Bulk Drug Substance
     Ingredient name;
     chemical name;
     common name(s); and
     identifying codes, as available, from FDA's Unique 
Ingredient Identifiers (UNII) used in the FDA/USP Substance 
Registration System, available at http://fdasis.nlm.nih.gov/srs/. 
Because substance names can vary, this code, where available, will be 
used by the Agency to confirm the exact substance nominated and to 
identify multiple nominations of the same substance so the information 
can be reviewed together.
     Chemical grade of the ingredient;
     description of the strength, quality, stability, and 
purity of the ingredient, and a copy of a certificate of analysis that 
is representative of the characteristics of the nominated ingredient;
     information about how the ingredient is supplied (e.g., 
powder, liquid); and
     information about recognition of the substance in foreign 
pharmacopeias and the status of its registration(s) in other countries, 
including whether information has been submitted to USP for 
consideration of monograph development.

B. Clinical Need To Compound

    For FDA to be able to meaningfully evaluate a substance, the 
information provided regarding the clinical need for compounding with a 
bulk drug substance must be specific to the particular substance 
nominated and

[[Page 65773]]

drug product to be compounded. A ``boilerplate'' or general explanation 
of clinical need for compounding with bulk drug substances will not 
enable FDA to conduct an adequate review. Prescribers of the compounded 
drug products who may be in the best position to explain why there is a 
clinical need for a compounded drug product may provide data in support 
of a nomination. The following information about clinical need is 
necessary to provide adequate support for nominations to the 503B bulks 
list:
     A statement describing the medical condition(s) that the 
drug product to be compounded with the nominated bulk drug substances 
is intended to treat (i.e., what patient need is met by the drug 
product compounded with the bulk drug substance);
     a list of FDA-approved drug products, if any, that address 
the same medical condition;
     if there are FDA-approved drug products that address the 
same medical condition, an explanation of why a compounded drug product 
is necessary (i.e., why the approved drug product is not suitable for a 
particular patient population);
     if the approved drug product is not suitable for a 
particular patient population, an estimate of the size of the 
population that would need a compounded drug product (e.g., for a drug 
product compounded from bulk because of patient allergies or other 
intolerances to excipients in FDA-approved drug products, FDA expects 
the supporting information to include a good faith estimate of the 
patient population with the specific medical condition that suffers 
from the allergy or intolerance, with citations to the literature 
regarding the incidence of the condition or a statement that a search 
was conducted and no references were found); \2\
---------------------------------------------------------------------------

    \2\ For example, if there is a need to compound a drug product 
from bulk drug substances due to patient sensitivity to a 
preservative or other excipient in the approved drug product, the 
supporting data is expected to set forth the number of patients for 
whom the drug product is prescribed that are allergic or sensitive 
to that particular excipient.
---------------------------------------------------------------------------

     a bibliography of safety and efficacy data for the drug 
compounded using the nominated substance,\3\ if available, including 
any relevant peer-reviewed medical literature; and
---------------------------------------------------------------------------

    \3\ FDA recognizes that the available safety and efficacy data 
supporting consideration of a bulk drug substance for inclusion on 
the list may not be of the same type, amount, or quality as is 
required to support a new drug application. Note that data regarding 
safety and efficacy, while relevant, is not indicative of a clinical 
need for a particular bulk drug substance, and additional 
information regarding the clinical need must be provided.
---------------------------------------------------------------------------

     if there is an FDA-approved drug product that includes the 
bulk drug substance nominated, an explanation of why the drug product 
proposed to be compounded must be compounded from bulk rather than with 
the FDA-approved drug product.
    General or boilerplate statements regarding the need to compound 
from the bulk drug substance or the benefits of compounding generally 
will not be considered sufficient. Note that the Agency does not 
consider supply issues, such as backorders, that do not rise to the 
level of a drug shortage listed on FDA's drug shortage Web site as 
evidence of a clinical need for compounding with a bulk drug substance, 
and section 503B of the FD&C Act already allows compounding from bulk 
drug substances if the compounded drug product is on the FDA drug 
shortage list. Similarly, considerations of cost and convenience will 
not be considered indicators of clinical need.

C. Information on the Drug Product That Will Be Compounded With the 
Bulk Drug Substance

     Information about the dosage form(s) into which the bulk 
drug substance will be compounded;
     information about the strength(s) of the compounded drug 
product(s);
     information about the anticipated route(s) of 
administration of the compounded drug product(s); and
     information about the previous use(s) of the compounded 
drug product(s).

D. Process for Submitting Nominations and Comments

    Because the prior deadline for submitting nominations has passed, 
FDA is opening this docket so that interested persons can submit 
nominations of bulk drug substances and provide adequate support for 
FDA to evaluate whether those substances should be placed on the 503B 
bulks list. Bulk drug substances that were previously nominated and for 
which inadequate information was provided \4\ need to be renominated 
with the information identified in this document to be considered for 
inclusion on the 503B bulks list. Nominators are encouraged to submit 
as much of the information identified in this document as possible. 
Unless adequate supporting data is received for a bulk drug substance, 
FDA will be unable to consider it further for inclusion on the list.
---------------------------------------------------------------------------

    \4\ As referenced in this document, a list of the substances in 
this category is available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/UCM467373.pdf.
---------------------------------------------------------------------------

    For efficient consolidation and review of nominations, nominators 
are encouraged to submit their nominations in an editable Excel file. 
Specifically, nominators are encouraged to format their nominations as 
follows:

------------------------------------------------------------------------
     Column A--What information is        Column B--Put data specific to
               requested?                    the nominated substance
------------------------------------------------------------------------
What is the name of the nominated        Provide the ingredient name.
 ingredient?
Is the ingredient an active ingredient   Provide an explanation for why
 that meets the definition of ``bulk      it is considered an active
 drug substance'' in Sec.                 ingredient when it is used in
 207.3(a)(4)?                             specific compounded drug
                                          products, and provide
                                          citations to specific sources
                                          that describe its active
                                          properties.
What is the chemical name of the         Chemical name.
 substance?
What is the common name of the           Common name.
 substance?
Does the substance have a UNII code?     UNII code.
What is the chemical grade of the        Provide the chemical grade.
 substance?
What is the strength, quality,           Provide the strength, quality,
 stability, and purity of the             stability, and purity
 ingredient?                              information and attach a
                                          certificate of analysis.
How is the ingredient supplied?          Describe how the ingredient is
                                          supplied (e.g., powder,
                                          liquid).
Is the substance recognized in foreign   List the foreign pharmacopeias
 pharmacopeias or registered in other     or other countries in which it
 countries?                               is registered.
Has information been submitted about     Put yes, no, or unknown. If
 the substance to the USP for             yes, state the status of the
 consideration of monograph               monograph, if known.
 development?

[[Page 65774]]

 
What medical condition(s) is the drug    Describe the medical
 product compounded with the bulk drug    condition(s) that the drug
 substances intended to treat?            product compounded with the
                                          bulk drug substances is
                                          intended to treat.
Are there other drug products approved   List the other approved
 by FDA to treat the same medical         treatments.
 condition?
If there are FDA-approved drug products  Provide a justification for
 that address the same medical            clinical need, including an
 condition, why is there a clinical       estimate of the size of the
 need for a compounded drug product?      population that would need the
                                          compounded drug.
Are there safety and efficacy data on    Provide a bibliography of
 compounded drugs using the nominated     safety and efficacy data for
 substance?                               the drug compounded using the
                                          nominated substance, if
                                          available, including any
                                          relevant peer-reviewed medical
                                          literature.
If there is an FDA-approved drug         Provide an explanation of why
 product that includes the bulk drug      it is necessary to compound
 substance nominated, is it necessary     from the bulk drug substance.
 to compound a drug product from the
 bulk drug substance rather than from
 the FDA-approved drug product?
What dosage form(s) will be compounded   State the dosage form(s).
 using the bulk drug substance?
What strength(s) will be compounded      List the strength(s) of the
 from the nominated substance?            drug product(s) that will be
                                          compounded from the nominated
                                          substance, or a range of
                                          strengths, if known.
What are the anticipated route(s) of     List the route(s) of
 administration of the compounded drug    administration of the
 product(s)?                              compounded drug product(s).
Has the bulk drug substance been used    Describe previous uses of the
 previously to compound drug              bulk drug substance in
 product(s)?                              compounding.
Is there any other relevant              Provide any other information
 information?                             you would like FDA to consider
                                          in evaluating the nomination.
------------------------------------------------------------------------

    In addition to nominating new substances or renominating substances 
previously nominated without sufficient supporting information, 
individuals and organizations will be able to comment via the docket 
established by this notice on substances nominated for the 503B bulks 
list that have not yet been addressed in a Federal Register document 
proposing substances for the 503B bulks list. Comments may be submitted 
regarding nominations submitted to both this docket and nominations 
previously submitted to Docket No. FDA-2013-N-1524. Comments may 
provide any relevant information about particular bulk drug substances, 
including that in support of, or in opposition to, the placement of a 
nominated bulk drug substance on the 503B bulks list. However, comments 
submitted should not address the 503B bulks list generally or other 
matters related to the Agency's regulation of compounding. Comments 
about nominated substances that have been addressed by the Agency in a 
Federal Register document proposing substances for the 503B bulks list 
should be submitted to the docket for the document in which the 
substance is addressed.
    Please do not submit comments that have already been submitted to 
other dockets. Such submissions are duplicative and not helpful to the 
Agency. If comments on particular documents or issues are submitted to 
this docket rather than the docket specifically opened for the 
particular document or issue, the comment might not be considered as 
the specific documents are being finalized and issues considered. FDA 
will not respond to questions submitted to this docket.
    Information in the docket will be publicly available. Therefore, we 
remind nominators and commenters not to submit personal or confidential 
information.

    Dated: October 21, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-27270 Filed 10-26-15; 8:45 am]
BILLING CODE 4164-01-P



                                              65770                        Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

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                                                                                                                                                            [Docket No. FDA–2015–N–3469]
                                              ucm408555.htm.                                          AdvisoryCommittees/Calendar/
                                                 Contact Person: Cindy Hong, Center                   default.htm. Scroll down to the                       Bulk Drug Substances That Can Be
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                                              PADAC@fda.hhs.gov, or FDA Advisory                      before the committees. Written                        AGENCY:    Food and Drug Administration,
                                              Committee Information Line, 1–800–                      submissions may be made to the contact                HHS.
                                              741–8138 (301–443–0572 in the                           person on or before November 24, 2015.                ACTION: Notice of availability;
                                              Washington, DC area). A notice in the                   Oral presentations from the public will               establishment of public docket.
                                              Federal Register about last minute                      be scheduled between approximately 11
                                              modifications that impact a previously                  a.m. and 12 p.m. Those individuals                    SUMMARY:   The Food and Drug
                                              announced advisory committee meeting                    interested in making formal oral                      Administration (FDA or Agency) is
                                              cannot always be published quickly                      presentations should notify the contact               developing a list of bulk drug
                                              enough to provide timely notice.                        person and submit a brief statement of                substances (active ingredients) that can
                                              Therefore, you should always check the                  the general nature of the evidence or                 be used to compound drug products in
                                              Agency’s Web site at http://                            arguments they wish to present, the                   accordance with the Federal Food, Drug,
                                              www.fda.gov/AdvisoryCommittees/                         names and addresses of proposed                       and Cosmetic Act (the FD&C Act) (the
                                              default.htm and scroll down to the                      participants, and an indication of the                503B bulks list). The Agency previously
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                                              appropriate advisory committee meeting                  approximate time requested to make                    solicited nominations for the list, but
                                              link, or call the advisory committee                    their presentation on or before                       some of the nominated substances were
                                              information line to learn about possible                November 16, 2015. Time allotted for                  not supported by sufficient information
                                              modifications before coming to the                      each presentation may be limited. If the              for FDA to evaluate them. FDA is
                                              meeting.                                                number of registrants requesting to                   establishing a public docket where these
                                                 Agenda: The committees will discuss                  speak is greater than can be reasonably               substances can be renominated with
                                              the safety of codeine in children 18                    accommodated during the scheduled                     sufficient supporting information or to


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                                                                           Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices                                                      65771

                                              receive nominations of bulk drug                        Received comments will be placed in                   new section 503B to the FD&C Act (21
                                              substances that were not previously                     the docket and, except for those                      U.S.C. 353b), outsourcing facilities 1
                                              nominated for consideration for                         submitted as ‘‘Confidential                           may qualify for certain exemptions from
                                              inclusion on the 503B bulks list.                       Submissions,’’ publicly viewable at                   the FD&C Act if the conditions set forth
                                              Interested parties can also submit                      http://www.regulations.gov or at the                  in the statute are satisfied. Those
                                              comments on nominated substances via                    Division of Dockets Management                        conditions include that an outsourcing
                                              this docket.                                            between 9 a.m. and 4 p.m., Monday                     facility does not compound drug
                                              DATES: Nominations and comments may                     through Friday.                                       products using a bulk drug substance
                                              be submitted to this docket at any time.                   • Confidential Submissions—To                      unless the bulk drug substance appears
                                              ADDRESSES: You may submit comments
                                                                                                      submit a comment with confidential                    on a list established by the Secretary
                                              as follows:                                             information that you do not wish to be                identifying bulk drug substances for
                                                                                                      made publicly available, submit your                  which there is a clinical need (the 503B
                                              Electronic Submissions                                  comments only as a written/paper                      bulks list), or the drug product
                                                Submit electronic comments in the                     submission. You should submit two                     compounded from such bulk drug
                                              following way:                                          copies total. One copy will include the               substance appears on the drug shortage
                                                • Federal eRulemaking Portal: http://                 information you claim to be confidential              list in effect under section 506E of the
                                              www.regulations.gov. Follow the                         with a heading or cover note that states              FD&C Act (21 U.S.C. 356e) (FDA drug
                                              instructions for submitting comments.                   ‘‘THIS DOCUMENT CONTAINS                              shortage list) at the time of
                                              Comments submitted electronically,                      CONFIDENTIAL INFORMATION.’’ The                       compounding, distribution, and
                                              including attachments, to http://                       Agency will review this copy, including               dispensing, and each of the following
                                              www.regulations.gov will be posted to                   the claimed confidential information, in              conditions are met: (1) If an applicable
                                              the docket unchanged. Because your                      its consideration of comments. The                    monograph exists under the United
                                              comment will be made public, you are                    second copy, which will have the                      States Pharmacopeia (USP), the National
                                              solely responsible for ensuring that your               claimed confidential information                      Formulary, or another compendium or
                                              comment does not include any                            redacted/blacked out, will be available               pharmacopeia recognized by the
                                              confidential information that you or a                  for public viewing and posted on                      Secretary for purposes of this paragraph,
                                              third party may not wish to be posted,                  http://www.regulations.gov. Submit                    the bulk drug substance complies with
                                              such as medical information, your or                    both copies to the Division of Dockets                the monograph; (2) the bulk drug
                                              anyone else’s Social Security number, or                Management. If you do not wish your                   substance is manufactured by an
                                              confidential business information, such                 name and contact information to be                    establishment that is registered under
                                              as a manufacturing process. Please note                 made publicly available, you can                      section 510 of the FD&C Act (21 U.S.C.
                                              that if you include your name, contact                  provide this information on the cover                 360); and (3) the bulk drug substance is
                                              information, or other information that                  sheet and not in the body of your                     accompanied by a valid certificate of
                                              identifies you in the body of your                      comments and you must identify this                   analysis (see section 503B(a)(2) of the
                                              comments, that information will be                      information as ‘‘confidential.’’ Any                  FD&C Act).
                                              posted on http://www.regulations.gov.                   information marked as ‘‘confidential’’                   Section 503B refers to the definition
                                                • If you want to submit a comment                     will not be disclosed except in                       of ‘‘bulk drug substance’’ in FDA
                                              with confidential information that you                  accordance with 21 CFR 10.20 and other                regulations at § 207.3(a)(4) (21 CFR
                                              do not wish to be made available to the                 applicable disclosure law. For more                   207.3(a)(4)). (See section 503B(a)(2) of
                                              public, submit the comment as a                         information about FDA’s posting of                    the FD&C Act.) As defined in
                                              written/paper submission and in the                     comments to public dockets, see 80 FR                 § 207.3(a)(4), a ‘‘bulk drug substance’’ is
                                              manner detailed (see ‘‘Written/Paper                    56469, September 18, 2015, or access                  any substance that is represented for use
                                              Submissions’’ and ‘‘Instructions’’).                    the information at: http://www.fda.gov/               in a drug and that, when used in the
                                                                                                      regulatoryinformation/dockets/                        manufacturing, processing, or packaging
                                              Written/Paper Submissions                               default.htm.                                          of a drug, becomes an active ingredient
                                                 Submit written/paper submissions as                     Docket: For access to the docket to                or a finished dosage form of the drug,
                                              follows:                                                read background documents or the                      but the term does not include
                                                 • Mail/Hand delivery/Courier (for                    electronic and written/paper comments                 intermediates used in the synthesis of
                                              written/paper submissions): Division of                 received, go to http://                               such substances.
                                              Dockets Management (HFA–305), Food                      www.regulations.gov and insert the
                                                                                                      docket number, found in brackets in the                  An ‘‘active ingredient’’ is any
                                              and Drug Administration, 5630 Fishers
                                                                                                      heading of this document, into the                    component that is intended to furnish
                                              Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                      ‘‘Search’’ box and follow the prompts                 pharmacological activity or other direct
                                                 • For written/paper comments
                                                                                                      and/or go to the Division of Dockets                  effect in the diagnosis, cure, mitigation,
                                              submitted to the Division of Dockets
                                                                                                      Management, 5630 Fishers Lane, Rm.                    treatment, or prevention of disease, or to
                                              Management, FDA will post your
                                                                                                      1061, Rockville, MD 20852.                            affect the structure or any function of
                                              comment, as well as any attachments,
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            the body of man or other animals. The
                                              except for information submitted,
                                                                                                      Philantha Bowen, Center for Drug                      term includes those components that
                                              marked and identified, as confidential,
                                                                                                      Evaluation and Research, Food and                     may undergo chemical change in the
                                              if submitted as detailed in
                                                                                                      Drug Administration, 10903 New                        manufacture of the drug product and be
                                              ‘‘Instructions.’’
                                                                                                      Hampshire Ave., Bldg. 51, Rm. 5175,                   present in the drug product in a
                                                 Instructions: All submissions received
                                                                                                                                                            modified form intended to furnish the
tkelley on DSK3SPTVN1PROD with NOTICES




                                              must include the Docket No. FDA–                        Silver Spring, MD 20993–0002, 301–
                                                                                                      796–2466.                                             specified activity or effect. (See
                                              2015–N–3469 for ‘‘Bulk Drug
                                                                                                                                                            § 210.3(b)(7) (21 CFR 210.3(b)(7)).)
                                              Substances That Can Be Used To                          SUPPLEMENTARY INFORMATION:
                                              Compound Drug Products in
                                              Accordance With Section 503B of the                     I. Background                                           1 ‘‘Outsourcing facilities’’ are facilities that meet

                                                                                                                                                            certain conditions described in section 503B of the
                                              Federal Food, Drug, and Cosmetic Act;                    Under the Drug Quality and Security                  FD&C Act, including registering with FDA as an
                                              Establishment of a Public Docket.’’                     Act (Pub. L. 113–54), which added a                   outsourcing facility.



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                                              65772                        Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

                                                 Any component other than an active                   II. Establishment of a Docket                         evaluated if they are for specific active
                                              ingredient is an ‘‘inactive ingredient.’’                  As described in section III.B of the               ingredients that meet the definition of a
                                              (See § 210.3(b)(8).) Inactive ingredients               draft guidance entitled ‘‘Interim Policy              bulk drug substance in § 207.3(a)(4).
                                              used in compounded drug products,                       on Compounding Using Bulk Drug                        Nominated substances that do not meet
                                              which commonly include flavorings,                      Substances Under Section 503B of the                  this definition will not be included on
                                              dyes, diluents, or other excipients, need               Federal Food, Drug, and Cosmetic Act,’’               the list. To fully evaluate a bulk drug
                                              not appear on the Secretary’s list of bulk              FDA is establishing a public docket so                substance using the criteria identified in
                                              drug substances to be eligible for use in               that interested parties can comment on                this document, FDA needs the following
                                              compounding drug products and will                      nominated bulk drug substances,                       information about both the nominated
                                              not be included on the list.                            nominate bulk drug substances that                    bulk drug substance and the drug
                                                 In a document dated November 27,                     were not previously nominated for the                 product(s) that will be compounded
                                              2013, published in the Federal Register                 503B bulks list, or renominate with                   using such substance:
                                              of December 4, 2013 (78 FR 72838), FDA                  adequate supporting information bulk                  A. Active Ingredients
                                              invited all interested persons to                       drug substances that were previously
                                              nominate bulk drug substances for                       nominated but that were not supported                 1. Confirmation That the Nominated
                                              inclusion on the 503B bulks list. Over                  by sufficient information for FDA to                  Substance Is a Bulk Drug Substance
                                              2,000 substances were nominated.                        evaluate them. Docket No. FDA–2013–                      • A statement that the nominated
                                              However, many of the nominations were                   N–1524 is closed for comment.                         substance is an active ingredient that
                                              not for bulk drug substances used in                    Therefore, this new docket can be used                meets the definition of ‘‘bulk drug
                                              compounding as active ingredients, or                   for commenting on nominations                         substance’’ in § 207.3(a)(4), and an
                                              they did not include sufficient                         previously submitted to that docket as                explanation of why the substance is
                                              information to allow FDA to evaluate                    well as for submitting new nominations.               considered an active ingredient when it
                                              the nominated substances for placement                     In the Federal Register document                   is used in compounded drug products,
                                              on the list. To improve the efficiency of               seeking nominations, FDA stated that                  citing specific sources that describe the
                                              the process for developing the 503B                     the following information about clinical              active properties of the substance.
                                              bulks list, FDA reopened the                            need is necessary to provide adequate
                                              nomination process in July 2014 (79 FR                                                                        2. General Background on the Bulk Drug
                                                                                                      support for nominations to the 503B
                                              37747, July 2, 2014), and provided more                                                                       Substance
                                                                                                      bulks list:
                                              detailed information on what it needs to                   • A statement describing the medical                  • Ingredient name;
                                              evaluate nominations for the list. FDA                  condition(s) that the drug product to be                 • chemical name;
                                              stated that bulk drug substances that                   compounded with the nominated bulk                       • common name(s); and
                                              were previously nominated would not                     drug substances is intended to treat;                    • identifying codes, as available, from
                                              be further considered unless they were                     • A list of FDA-approved drug                      FDA’s Unique Ingredient Identifiers
                                              renominated with adequate support to                    products, if any, that address the same               (UNII) used in the FDA/USP Substance
                                              permit a meaningful evaluation.                         medical condition;                                    Registration System, available at http://
                                              Substances that were already eligible for                  • If there are any FDA-approved drug               fdasis.nlm.nih.gov/srs/. Because
                                              use in compounding or that were not                     products that address the same medical                substance names can vary, this code,
                                              adequately supported would not be                       condition, an explanation of why a                    where available, will be used by the
                                              evaluated for placement on the list.                    compounded drug product is necessary;                 Agency to confirm the exact substance
                                                 In response to the July 2, 2014,                        • If the approved drug product is not              nominated and to identify multiple
                                              request for nominations, approximately                  suitable for a particular patient                     nominations of the same substance so
                                              2,590 unique substances were                            population, an estimate of the size of the            the information can be reviewed
                                              nominated. Of the nominated                             population that would need a                          together.
                                              substances, approximately 1,750 are not                 compounded drug product;                                 • Chemical grade of the ingredient;
                                              eligible for inclusion on the list because                 • A bibliography of safety and                        • description of the strength, quality,
                                              they are either a finished drug product,                efficacy data for the drug product                    stability, and purity of the ingredient,
                                              a biological product subject to licensure               compounded using the nominated                        and a copy of a certificate of analysis
                                              in a biologics license application (BLA),               substance, if available, including any                that is representative of the
                                              a radiopharmaceutical drug product, a                   relevant peer-reviewed medical                        characteristics of the nominated
                                              substance with no currently accepted                    literature; and                                       ingredient;
                                              medical use that is included on                            • If there is an FDA-approved drug                    • information about how the
                                              Schedule I of the Controlled Substances                 product that includes the bulk drug                   ingredient is supplied (e.g., powder,
                                              Act (CSA) (21 U.S.C. 812(c)), or they                   substance nominated, an explanation of                liquid); and
                                              appear on the list published by FDA of                  why the drug product proposed to be                      • information about recognition of the
                                              substances that have been withdrawn or                  compounded must be compounded                         substance in foreign pharmacopeias and
                                              removed from the market because such                    from bulk rather than with the FDA-                   the status of its registration(s) in other
                                              drug products or components of such                     approved drug product.                                countries, including whether
                                              drug products have been found to be                        Therefore, to be considered for                    information has been submitted to USP
                                              unsafe or not effective. Of the                         placement on the 503B bulks list, this                for consideration of monograph
                                              substances that are not biological                      information should be submitted for                   development.
                                              products subject to licensure in a BLA,                 each nominated substance.
                                                                                                                                                            B. Clinical Need To Compound
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                                              finished drug products,                                    Interested groups and individuals
                                              radiopharmaceuticals, do not appear on                  may nominate specific bulk drug                         For FDA to be able to meaningfully
                                              Schedule I in the CSA, and do not                       substances for inclusion on the 503B                  evaluate a substance, the information
                                              appear on the withdrawn or removed                      bulks list, renominate previously                     provided regarding the clinical need for
                                              list, approximately 650 substances were                 nominated substances with additional                  compounding with a bulk drug
                                              nominated with insufficient supporting                  information, or comment on nominated                  substance must be specific to the
                                              evidence for FDA to evaluate them.                      substances. Nominations will only be                  particular substance nominated and


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                                                                            Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices                                                      65773

                                              drug product to be compounded. A                         condition that suffers from the allergy or                • information about the strength(s) of
                                              ‘‘boilerplate’’ or general explanation of                intolerance, with citations to the                      the compounded drug product(s);
                                              clinical need for compounding with                       literature regarding the incidence of the                 • information about the anticipated
                                              bulk drug substances will not enable                     condition or a statement that a search                  route(s) of administration of the
                                              FDA to conduct an adequate review.                       was conducted and no references were
                                                                                                                                                               compounded drug product(s); and
                                              Prescribers of the compounded drug                       found); 2
                                              products who may be in the best                             • a bibliography of safety and efficacy                • information about the previous
                                              position to explain why there is a                       data for the drug compounded using the                  use(s) of the compounded drug
                                              clinical need for a compounded drug                      nominated substance,3 if available,                     product(s).
                                              product may provide data in support of                   including any relevant peer-reviewed
                                                                                                       medical literature; and                                 D. Process for Submitting Nominations
                                              a nomination. The following
                                                                                                          • if there is an FDA-approved drug                   and Comments
                                              information about clinical need is
                                              necessary to provide adequate support                    product that includes the bulk drug                        Because the prior deadline for
                                              for nominations to the 503B bulks list:                  substance nominated, an explanation of
                                                                                                                                                               submitting nominations has passed,
                                                 • A statement describing the medical                  why the drug product proposed to be
                                                                                                                                                               FDA is opening this docket so that
                                              condition(s) that the drug product to be                 compounded must be compounded
                                                                                                       from bulk rather than with the FDA-                     interested persons can submit
                                              compounded with the nominated bulk                                                                               nominations of bulk drug substances
                                              drug substances is intended to treat (i.e.,              approved drug product.
                                                                                                          General or boilerplate statements                    and provide adequate support for FDA
                                              what patient need is met by the drug                                                                             to evaluate whether those substances
                                                                                                       regarding the need to compound from
                                              product compounded with the bulk                                                                                 should be placed on the 503B bulks list.
                                                                                                       the bulk drug substance or the benefits
                                              drug substance);                                                                                                 Bulk drug substances that were
                                                                                                       of compounding generally will not be
                                                 • a list of FDA-approved drug                                                                                 previously nominated and for which
                                                                                                       considered sufficient. Note that the
                                              products, if any, that address the same                  Agency does not consider supply issues,                 inadequate information was provided 4
                                              medical condition;                                       such as backorders, that do not rise to                 need to be renominated with the
                                                 • if there are FDA-approved drug                      the level of a drug shortage listed on                  information identified in this document
                                              products that address the same medical                   FDA’s drug shortage Web site as                         to be considered for inclusion on the
                                              condition, an explanation of why a                       evidence of a clinical need for
                                              compounded drug product is necessary                                                                             503B bulks list. Nominators are
                                                                                                       compounding with a bulk drug                            encouraged to submit as much of the
                                              (i.e., why the approved drug product is                  substance, and section 503B of the
                                              not suitable for a particular patient                                                                            information identified in this document
                                                                                                       FD&C Act already allows compounding                     as possible. Unless adequate supporting
                                              population);                                             from bulk drug substances if the
                                                 • if the approved drug product is not                                                                         data is received for a bulk drug
                                                                                                       compounded drug product is on the
                                              suitable for a particular patient                                                                                substance, FDA will be unable to
                                                                                                       FDA drug shortage list. Similarly,
                                              population, an estimate of the size of the                                                                       consider it further for inclusion on the
                                                                                                       considerations of cost and convenience
                                              population that would need a                             will not be considered indicators of                    list.
                                              compounded drug product (e.g., for a                     clinical need.                                             For efficient consolidation and review
                                              drug product compounded from bulk                                                                                of nominations, nominators are
                                              because of patient allergies or other                    C. Information on the Drug Product
                                                                                                                                                               encouraged to submit their nominations
                                              intolerances to excipients in FDA-                       That Will Be Compounded With the
                                                                                                       Bulk Drug Substance                                     in an editable Excel file. Specifically,
                                              approved drug products, FDA expects                                                                              nominators are encouraged to format
                                              the supporting information to include a                    • Information about the dosage                        their nominations as follows:
                                              good faith estimate of the patient                       form(s) into which the bulk drug
                                              population with the specific medical                     substance will be compounded;

                                                               Column A—What information is requested?                                     Column B—Put data specific to the nominated substance

                                              What is the name of the nominated ingredient?                                         Provide the ingredient name.
                                              Is the ingredient an active ingredient that meets the definition of ‘‘bulk            Provide an explanation for why it is considered an active ingredient
                                                 drug substance’’ in § 207.3(a)(4)?                                                   when it is used in specific compounded drug products, and provide
                                                                                                                                      citations to specific sources that describe its active properties.
                                              What   is the chemical name of the substance?                                         Chemical name.
                                              What   is the common name of the substance?                                           Common name.
                                              Does   the substance have a UNII code?                                                UNII code.
                                              What   is the chemical grade of the substance?                                        Provide the chemical grade.
                                              What   is the strength, quality, stability, and purity of the ingredient?             Provide the strength, quality, stability, and purity information and attach
                                                                                                                                      a certificate of analysis.
                                              How is the ingredient supplied?                                                       Describe how the ingredient is supplied (e.g., powder, liquid).
                                              Is the substance recognized in foreign pharmacopeias or registered in                 List the foreign pharmacopeias or other countries in which it is reg-
                                                 other countries?                                                                     istered.
                                              Has information been submitted about the substance to the USP for                     Put yes, no, or unknown. If yes, state the status of the monograph, if
                                                 consideration of monograph development?                                              known.
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                                                2 For example, if there is a need to compound a           3 FDA recognizes that the available safety and       drug substance, and additional information
                                              drug product from bulk drug substances due to            efficacy data supporting consideration of a bulk        regarding the clinical need must be provided.
                                              patient sensitivity to a preservative or other           drug substance for inclusion on the list may not be       4 As referenced in this document, a list of the
                                              excipient in the approved drug product, the              of the same type, amount, or quality as is required     substances in this category is available at
                                              supporting data is expected to set forth the number
                                                                                                       to support a new drug application. Note that data       http://www.fda.gov/downloads/Drugs/
                                              of patients for whom the drug product is prescribed
                                              that are allergic or sensitive to that particular        regarding safety and efficacy, while relevant, is not   GuidanceComplianceRegulatoryInformation/
                                              excipient.                                               indicative of a clinical need for a particular bulk     PharmacyCompounding/UCM467373.pdf.



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                                              65774                         Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices

                                                               Column A—What information is requested?                                     Column B—Put data specific to the nominated substance

                                              What medical condition(s) is the drug product compounded with the                     Describe the medical condition(s) that the drug product compounded
                                                 bulk drug substances intended to treat?                                              with the bulk drug substances is intended to treat.
                                              Are there other drug products approved by FDA to treat the same med-                  List the other approved treatments.
                                                 ical condition?
                                              If there are FDA-approved drug products that address the same med-                    Provide a justification for clinical need, including an estimate of the size
                                                 ical condition, why is there a clinical need for a compounded drug                   of the population that would need the compounded drug.
                                                 product?
                                              Are there safety and efficacy data on compounded drugs using the                      Provide a bibliography of safety and efficacy data for the drug com-
                                                 nominated substance?                                                                 pounded using the nominated substance, if available, including any
                                                                                                                                      relevant peer-reviewed medical literature.
                                              If there is an FDA-approved drug product that includes the bulk drug                  Provide an explanation of why it is necessary to compound from the
                                                 substance nominated, is it necessary to compound a drug product                      bulk drug substance.
                                                 from the bulk drug substance rather than from the FDA-approved
                                                 drug product?
                                              What dosage form(s) will be compounded using the bulk drug sub-                       State the dosage form(s).
                                                 stance?
                                              What strength(s) will be compounded from the nominated substance?                     List the strength(s) of the drug product(s) that will be compounded from
                                                                                                                                      the nominated substance, or a range of strengths, if known.
                                              What are the anticipated route(s) of administration of the compounded                 List the route(s) of administration of the compounded drug product(s).
                                                 drug product(s)?
                                              Has the bulk drug substance been used previously to compound drug                     Describe previous uses of the bulk drug substance in compounding.
                                                 product(s)?
                                              Is there any other relevant information?                                              Provide any other information you would like FDA to consider in evalu-
                                                                                                                                      ating the nomination.



                                                In addition to nominating new                          documents are being finalized and                      from human specimens intended for
                                              substances or renominating substances                    issues considered. FDA will not respond                prescription use or over-the-counter use.
                                              previously nominated without sufficient                  to questions submitted to this docket.                 These devices are intended for
                                              supporting information, individuals and                     Information in the docket will be                   autosomal recessive disease carrier
                                              organizations will be able to comment                    publicly available. Therefore, we                      screening in adults of reproductive age.
                                              via the docket established by this notice                remind nominators and commenters not                   These devices are not intended for copy
                                              on substances nominated for the 503B                     to submit personal or confidential                     number variation, cytogenetic, or
                                              bulks list that have not yet been                        information.                                           biochemical testing. FDA is publishing
                                              addressed in a Federal Register                            Dated: October 21, 2015.                             this notice in order to obtain comments
                                              document proposing substances for the                    Leslie Kux,
                                                                                                                                                              regarding the proposed exemption.
                                              503B bulks list. Comments may be                                                                                DATES: Submit electronic or written
                                                                                                       Associate Commissioner for Policy.
                                              submitted regarding nominations                                                                                 comments by November 27, 2015.
                                                                                                       [FR Doc. 2015–27270 Filed 10–26–15; 8:45 am]
                                              submitted to both this docket and                                                                               ADDRESSES: You may submit comments
                                              nominations previously submitted to                      BILLING CODE 4164–01–P
                                                                                                                                                              as follows:
                                              Docket No. FDA–2013–N–1524.
                                              Comments may provide any relevant                                                                               Electronic Submissions
                                                                                                       DEPARTMENT OF HEALTH AND
                                              information about particular bulk drug                                                                            Submit electronic comments in the
                                                                                                       HUMAN SERVICES
                                              substances, including that in support of,                                                                       following way:
                                              or in opposition to, the placement of a                  Food and Drug Administration                             • Federal eRulemaking Portal: http://
                                              nominated bulk drug substance on the                                                                            www.regulations.gov. Follow the
                                              503B bulks list. However, comments                       [Docket No. FDA–2015–N–3455]                           instructions for submitting comments.
                                              submitted should not address the 503B                                                                           Comments submitted electronically,
                                              bulks list generally or other matters                    Medical Devices; Exemptions From
                                                                                                                                                              including attachments, to http://
                                              related to the Agency’s regulation of                    Premarket Notifications; Class II
                                                                                                                                                              www.regulations.gov will be posted to
                                              compounding. Comments about                              Devices; Autosomal Recessive Carrier
                                                                                                                                                              the docket unchanged. Because your
                                              nominated substances that have been                      Screening Gene Mutation Detection
                                                                                                                                                              comment will be made public, you are
                                              addressed by the Agency in a Federal                     System; Request for Comments
                                                                                                                                                              solely responsible for ensuring that your
                                              Register document proposing                              AGENCY:    Food and Drug Administration,               comment does not include any
                                              substances for the 503B bulks list                       HHS.                                                   confidential information that you or a
                                              should be submitted to the docket for                                                                           third party may not wish to be posted,
                                              the document in which the substance is                   ACTION:   Notice; request for comments.
                                                                                                                                                              such as medical information, your or
                                              addressed.                                               SUMMARY:   The Food and Drug                           anyone else’s Social Security number, or
                                                Please do not submit comments that                     Administration (FDA) is announcing its                 confidential business information, such
                                              have already been submitted to other                     intent to exempt from the premarket                    as a manufacturing process. Please note
                                              dockets. Such submissions are                            notification requirements autosomal                    that if you include your name, contact
tkelley on DSK3SPTVN1PROD with NOTICES




                                              duplicative and not helpful to the                       recessive carrier screening gene                       information, or other information that
                                              Agency. If comments on particular                        mutation detection systems, subject to                 identifies you in the body of your
                                              documents or issues are submitted to                     certain limitations. These devices are                 comments, that information will be
                                              this docket rather than the docket                       qualitative in vitro molecular diagnostic              posted on http://www.regulations.gov.
                                              specifically opened for the particular                   systems used for genotyping of                           • If you want to submit a comment
                                              document or issue, the comment might                     clinically relevant variants in genomic                with confidential information that you
                                              not be considered as the specific                        deoxyribonucleic acid (DNA) isolated                   do not wish to be made available to the


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Document Created: 2015-12-14 15:36:15
Document Modified: 2015-12-14 15:36:15
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 of availability; establishment of public docket.
DatesNominations and comments may be submitted to this docket at any time.
ContactPhilantha Bowen, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5175, Silver Spring, MD 20993-0002, 301- 796-2466.
FR Citation80 FR 65770 

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