80_FR_72291 80 FR 72069 - Formal Meetings Between the Food and Drug Administration and Biosimilar Biological Product Sponsors or Applicants; Guidance for Industry; Availability

80 FR 72069 - Formal Meetings Between the Food and Drug Administration and Biosimilar Biological Product Sponsors or Applicants; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 222 (November 18, 2015)

Page Range72069-72071
FR Document2015-29455

The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled ``Formal Meetings Between the FDA and Biosimilar Biological Product Sponsors or Applicants.'' This guidance provides recommendations to industry on formal meetings between FDA and sponsors or applicants relating to the development and review of biosimilar biological products regulated by the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER). The guidance assists sponsors and applicants in generating and submitting meeting requests and the associated meeting packages to FDA for biosimilar biological products. This guidance finalizes the draft guidance issued on April 1, 2013.

Federal Register, Volume 80 Issue 222 (Wednesday, November 18, 2015)
[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Notices]
[Pages 72069-72071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29455]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0286]


Formal Meetings Between the Food and Drug Administration and 
Biosimilar Biological Product Sponsors or Applicants; Guidance for 
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a guidance for industry entitled ``Formal Meetings 
Between the FDA and Biosimilar Biological Product Sponsors or 
Applicants.'' This guidance provides recommendations to industry on 
formal meetings between FDA and sponsors or applicants relating to the 
development and review of biosimilar biological products regulated by 
the Center for Drug Evaluation and Research (CDER) and the Center for 
Biologics Evaluation and Research (CBER). The guidance assists sponsors 
and applicants in generating and submitting meeting requests and the 
associated meeting packages to FDA for biosimilar biological products. 
This guidance finalizes the draft guidance issued on April 1, 2013.

DATES: Submit either electronic or written comments on Agency guidances 
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,

[[Page 72070]]

marked and identified, as confidential, if submitted as detailed in 
``Instructions.''
    Instructions: All submissions received must include the Docket No. 
[FDA-2013-D-0286] for Formal Meetings Between the FDA and Biosimilar 
Biological Product Sponsors or Applicants; Guidance for Industry; 
Availability. 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.
    Submit written requests for single copies of this guidance 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 or Office of 
Communication, Outreach, and Development, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, 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 guidance document.

FOR FURTHER INFORMATION CONTACT: Neel Patel, Center for Drug Evaluation 
and Research, Food and Drug Administration, 10903 New Hampshire Ave., 
Bldg. 22, Rm. 6483, Silver Spring, MD 20993-0002, 301-796-0970; or 
Stephen Ripley, Center for Biologics Evaluation and Research, Food and 
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, 
Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Formal Meetings Between the FDA and Biosimilar Biological 
Product Sponsors or Applicants.'' This guidance provides 
recommendations to industry on formal meetings between FDA and sponsors 
or applicants relating to the development and review of biosimilar 
biological products regulated by CDER and CBER. For the purposes of 
this guidance, ``formal meeting'' includes any meeting that is 
requested by a sponsor or applicant following the request procedures 
provided in this guidance and includes meetings conducted in any format 
(i.e., face to face, teleconference, or videoconference).
    The Biologics Price Competition and Innovation Act of 2009 amended 
the Public Health Service Act (PHS Act) and other statutes to create an 
abbreviated licensure pathway in section 351(k) of the PHS Act (42 
U.S.C. 262(k)) for biological products shown to be biosimilar to, or 
interchangeable with, an FDA-licensed biological product (see sections 
7001 through 7003 of the Patient Protection and Affordable Care Act 
(Pub. L. 111-148)). The Biosimilar User Fee Act of 2012 (BsUFA), 
enacted as part of the Food and Drug Administration Safety and 
Innovation Act (Pub. L. 112-144), amended the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) to authorize a new user fee program for 
biosimilar biological products. FDA has committed to meeting certain 
performance goals in connection with the new user fee program. The 
performance goals, which are set forth in a letter from the Secretary 
of Health and Human Services to the Chairman of the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Chairman 
of the Committee on Energy and Commerce of the House of 
Representatives,\1\ include meeting management goals for formal 
meetings that occur between FDA and sponsors or applicants during the 
development phase of a biosimilar biological product. This guidance 
describes the Agency's current thinking on how it intends to interpret 
and apply certain provisions of BsUFA, and also provides information on 
specific performance goals for the management of meetings associated 
with the development and review of biosimilar biological products.
---------------------------------------------------------------------------

    \1\ See http://www.fda.gov/downloads/Drugs/DevelopmentApprovalProcess/HowDrugsareDevelopedandApproved/ApprovalApplications/TherapeuticBiologicApplications/Biosimilars/UCM281991.pdf.
---------------------------------------------------------------------------

    This guidance reflects a unified approach to all formal meetings 
between sponsors or applicants and FDA for biosimilar biological 
product development (BPD) programs. It is intended to assist sponsors 
and applicants in generating and submitting a meeting request and the 
associated meeting package to FDA for biosimilar biological products. 
This guidance does not apply to new drug or abbreviated new drug 
applications under section 505 of the FD&C Act or to biologics license 
applications under section 351(a) of the PHS Act.
    FDA expects that review staff will participate in many meetings 
with biosimilar biological product sponsors or applicants who seek 
guidance relating to the development and review of biosimilar 
biological products. Because these meetings often will represent 
critical points in the regulatory process, it is important that there 
are efficient, consistent procedures for the timely and effective 
conduct of such meetings. The good meeting management practices in this 
guidance are intended to provide consistent procedures that will 
promote well-managed meetings and to ensure that such meetings are 
scheduled within a reasonable time, conducted efficiently, and 
documented appropriately. The following five meeting types that occur 
between sponsors or applicants and FDA staff during the biosimilar BPD 
phase are described in the guidance: (1) Biosimilar Initial Advisory 
meeting; (2) BPD Type 1 meeting; (3) BPD Type 2 meeting; (4) BPD Type 3 
meeting; and (5) BPD Type 4 meeting.

[[Page 72071]]

    On April 1, 2013 (78 FR 19492), FDA announced the availability of a 
draft version of this guidance. All comments received during the 
comment period for the draft guidance have been reviewed and, where 
appropriate, incorporated into this guidance. As a result of the public 
comments, information has been added to provide clarity on the process 
for requesting meetings, including identifying the appropriate meeting 
type, and the data expectations to support the appropriate meeting 
type.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on formal meetings between FDA and biosimilar 
biological product sponsors or applicants. It does not establish any 
rights for any person and is not binding on FDA or the public. You can 
use an alternative approach if it satisfies the requirements of the 
applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are 
subject to review by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collection of information in this guidance was approved under OMB 
control number 0910-0802.

III. Electronic Access

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

    Dated: November 13, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-29455 Filed 11-17-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                                                                                72069

                                                    qualified tropical disease may be                                         about section 524, we estimate that we                                      indicating the transfer of a voucher from
                                                    eligible for a voucher that can be used                                   will receive annually approximately five                                    two application holders, and two letters
                                                    to obtain a priority review for any                                       requests from five sponsors, and that                                       from two new voucher owners
                                                    application submitted under section                                       each request will take approximately 8                                      acknowledging the transfer, and that it
                                                    505(b)(1) of the FD&C Act (21 U.S.C.                                      hours to prepare and submit to FDA.                                         will take approximately 8 hours to
                                                    355(b)(1)) or section 351 of the Public                                      The guidance also states that sponsors                                   prepare and submit each letter to FDA.
                                                    Health Service Act (the PHS Act). The                                     should notify FDA of their intent to use                                       In the Federal Register of October 20,
                                                    guidance explains to internal and                                         a priority review voucher, including the                                    2008 (73 FR 62298), FDA published a
                                                    external stakeholders how FDA intends                                     date on which the sponsor intends to                                        60-day notice requesting public
                                                    to implement the provisions of section                                    submit the application, at least 90 days                                    comment on the proposed collection of
                                                    524, and provides information on using                                    before use. We estimate that we will                                        information. The comments we received
                                                    the priority review vouchers and on                                       receive annually approximately five                                         did not pertain to the information
                                                    transferring priority review vouchers to                                  notifications of intent to use a voucher                                    collection that would result from the
                                                                                                                              from five sponsors, and that each                                           guidance (that is, the four types of
                                                    other sponsors.
                                                                                                                              notification will take approximately 8                                      submissions estimated in table 1).
                                                       Under the guidance, sponsors of                                        hours to prepare and submit to FDA.
                                                    certain tropical disease drug product                                        The guidance also permits the transfer                                      FDA estimates the burden of this
                                                    applications submitted under section                                      of a priority review voucher from one                                       collection of information as follows:
                                                    505(b)(1) of the FD&C Act and section                                     sponsor to another, and states that each                                       Description of Respondents: Sponsors
                                                    351 of the PHS Act may request a                                          transfer should be documented with a                                        submitting applications under section
                                                    priority review voucher. Based on                                         letter of transfer. We estimate that we                                     505(b)(1) of the FD&C Act or section 351
                                                    inquiries and discussions with industry                                   will receive approximately two letters                                      of the PHS Act.

                                                                                                                 TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                             Number of                                                Average
                                                     Guidance for Industry on Tropical Disease Priority Review                                    Number of                                            Total annual
                                                                                                                                                                           responses per                                            burden per              Total hours
                                                                             Vouchers                                                            respondents                                            responses
                                                                                                                                                                             respondent                                              response

                                                    Priority Review Voucher Request ........................................                                         5                          1                          5                          8               40
                                                    Notifications of Intent To Use a Voucher ............................                                            5                          1                          5                          8               40
                                                    Letters Indicating the Transfer of a Voucher Letter ............                                                 2                          1                          2                          8               16
                                                    Acknowledging the Receipt of a Transferred Voucher ........                                                      2                          1                          2                          8               16

                                                         Total ..............................................................................   ........................   ........................   ........................   ........................            112
                                                       1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: November 12, 2015.                                               applicants relating to the development                                      confidential information that you or a
                                                    Leslie Kux,                                                               and review of biosimilar biological                                         third party may not wish to be posted,
                                                    Associate Commissioner for Policy.                                        products regulated by the Center for                                        such as medical information, your or
                                                    [FR Doc. 2015–29406 Filed 11–17–15; 8:45 am]                              Drug Evaluation and Research (CDER)                                         anyone else’s Social Security number, or
                                                    BILLING CODE 4164–01–P
                                                                                                                              and the Center for Biologics Evaluation                                     confidential business information, such
                                                                                                                              and Research (CBER). The guidance                                           as a manufacturing process. Please note
                                                                                                                              assists sponsors and applicants in                                          that if you include your name, contact
                                                    DEPARTMENT OF HEALTH AND                                                  generating and submitting meeting                                           information, or other information that
                                                    HUMAN SERVICES                                                            requests and the associated meeting                                         identifies you in the body of your
                                                                                                                              packages to FDA for biosimilar                                              comments, that information will be
                                                    Food and Drug Administration                                              biological products. This guidance                                          posted on http://www.regulations.gov.
                                                                                                                              finalizes the draft guidance issued on                                        • If you want to submit a comment
                                                    [Docket No. FDA–2013–D–0286]                                              April 1, 2013.                                                              with confidential information that you
                                                    Formal Meetings Between the Food                                          DATES: Submit either electronic or                                          do not wish to be made available to the
                                                    and Drug Administration and                                               written comments on Agency guidances                                        public, submit the comment as a
                                                    Biosimilar Biological Product                                             at any time.                                                                written/paper submission and in the
                                                    Sponsors or Applicants; Guidance for                                      ADDRESSES: You may submit comments                                          manner detailed (see ‘‘Written/Paper
                                                    Industry; Availability                                                    as follows:                                                                 Submissions’’ and ‘‘Instructions’’).

                                                    AGENCY:      Food and Drug Administration,                                Electronic Submissions                                                      Written/Paper Submissions
                                                    HHS.                                                                        Submit electronic comments in the                                           Submit written/paper submissions as
                                                    ACTION:     Notice of availability.                                       following way:                                                              follows:
                                                                                                                                • Federal eRulemaking Portal: http://                                       • Mail/Hand delivery/Courier (for
                                                    SUMMARY:  The Food and Drug                                               www.regulations.gov. Follow the                                             written/paper submissions): Division of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Administration (FDA or Agency) is                                         instructions for submitting comments.                                       Dockets Management (HFA–305), Food
                                                    announcing the availability of a                                          Comments submitted electronically,                                          and Drug Administration, 5630 Fishers
                                                    guidance for industry entitled ‘‘Formal                                   including attachments, to http://                                           Lane, rm. 1061, Rockville, MD 20852.
                                                    Meetings Between the FDA and                                              www.regulations.gov will be posted to                                         • For written/paper comments
                                                    Biosimilar Biological Product Sponsors                                    the docket unchanged. Because your                                          submitted to the Division of Dockets
                                                    or Applicants.’’ This guidance provides                                   comment will be made public, you are                                        Management, FDA will post your
                                                    recommendations to industry on formal                                     solely responsible for ensuring that your                                   comment, as well as any attachments,
                                                    meetings between FDA and sponsors or                                      comment does not include any                                                except for information submitted,


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                                                    72070                   Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices

                                                    marked and identified, as confidential,                 Drug Administration, 10001 New                        connection with the new user fee
                                                    if submitted as detailed in                             Hampshire Ave., Hillandale Building,                  program. The performance goals, which
                                                    ‘‘Instructions.’’                                       4th Floor, Silver Spring, MD 20993–                   are set forth in a letter from the
                                                       Instructions: All submissions received               0002 or Office of Communication,                      Secretary of Health and Human Services
                                                    must include the Docket No. [FDA–                       Outreach, and Development, Center for                 to the Chairman of the Committee on
                                                    2013–D–0286] for Formal Meetings                        Biologics Evaluation and Research,                    Health, Education, Labor, and Pensions
                                                    Between the FDA and Biosimilar                          Food and Drug Administration, 10903                   of the Senate and the Chairman of the
                                                    Biological Product Sponsors or                          New Hampshire Ave., Bldg. 71, Rm.                     Committee on Energy and Commerce of
                                                    Applicants; Guidance for Industry;                      3128, Silver Spring, MD 20993–0002.                   the House of Representatives,1 include
                                                    Availability. Received comments will be                 Send one self-addressed adhesive label                meeting management goals for formal
                                                    placed in the docket and, except for                    to assist that office in processing your              meetings that occur between FDA and
                                                    those submitted as ‘‘Confidential                       requests. See the SUPPLEMENTARY                       sponsors or applicants during the
                                                    Submissions,’’ publicly viewable at                     INFORMATION section for electronic                    development phase of a biosimilar
                                                    http://www.regulations.gov or at the                    access to the guidance document.                      biological product. This guidance
                                                    Division of Dockets Management                          FOR FURTHER INFORMATION CONTACT: Neel                 describes the Agency’s current thinking
                                                    between 9 a.m. and 4 p.m., Monday                       Patel, Center for Drug Evaluation and                 on how it intends to interpret and apply
                                                    through Friday.                                         Research, Food and Drug                               certain provisions of BsUFA, and also
                                                       • Confidential Submissions—To                                                                              provides information on specific
                                                                                                            Administration, 10903 New Hampshire
                                                    submit a comment with confidential                                                                            performance goals for the management
                                                                                                            Ave., Bldg. 22, Rm. 6483, Silver Spring,
                                                    information that you do not wish to be                                                                        of meetings associated with the
                                                                                                            MD 20993–0002, 301–796–0970; or
                                                    made publicly available, submit your                                                                          development and review of biosimilar
                                                                                                            Stephen Ripley, Center for Biologics
                                                    comments only as a written/paper                                                                              biological products.
                                                                                                            Evaluation and Research, Food and
                                                    submission. You should submit two                                                                                This guidance reflects a unified
                                                                                                            Drug Administration, 10903 New
                                                    copies total. One copy will include the                                                                       approach to all formal meetings between
                                                                                                            Hampshire Ave., Bldg. 71, Rm. 7301,
                                                    information you claim to be confidential                                                                      sponsors or applicants and FDA for
                                                    with a heading or cover note that states                Silver Spring, MD 20993–0002, 240–
                                                                                                                                                                  biosimilar biological product
                                                    ‘‘THIS DOCUMENT CONTAINS                                402–7911.
                                                                                                                                                                  development (BPD) programs. It is
                                                    CONFIDENTIAL INFORMATION.’’ The                         SUPPLEMENTARY INFORMATION:                            intended to assist sponsors and
                                                    Agency will review this copy, including                 I. Background                                         applicants in generating and submitting
                                                    the claimed confidential information, in                                                                      a meeting request and the associated
                                                    its consideration of comments. The                         FDA is announcing the availability of              meeting package to FDA for biosimilar
                                                    second copy, which will have the                        a guidance for industry entitled ‘‘Formal             biological products. This guidance does
                                                    claimed confidential information                        Meetings Between the FDA and                          not apply to new drug or abbreviated
                                                    redacted/blacked out, will be available                 Biosimilar Biological Product Sponsors                new drug applications under section
                                                    for public viewing and posted on                        or Applicants.’’ This guidance provides               505 of the FD&C Act or to biologics
                                                    http://www.regulations.gov. Submit                      recommendations to industry on formal                 license applications under section
                                                    both copies to the Division of Dockets                  meetings between FDA and sponsors or                  351(a) of the PHS Act.
                                                    Management. If you do not wish your                     applicants relating to the development                   FDA expects that review staff will
                                                    name and contact information to be                      and review of biosimilar biological                   participate in many meetings with
                                                    made publicly available, you can                        products regulated by CDER and CBER.                  biosimilar biological product sponsors
                                                    provide this information on the cover                   For the purposes of this guidance,                    or applicants who seek guidance
                                                    sheet and not in the body of your                       ‘‘formal meeting’’ includes any meeting               relating to the development and review
                                                    comments and you must identify this                     that is requested by a sponsor or                     of biosimilar biological products.
                                                    information as ‘‘confidential.’’ Any                    applicant following the request                       Because these meetings often will
                                                    information marked as ‘‘confidential’’                  procedures provided in this guidance                  represent critical points in the
                                                    will not be disclosed except in                         and includes meetings conducted in any                regulatory process, it is important that
                                                    accordance with 21 CFR 10.20 and other                  format (i.e., face to face, teleconference,           there are efficient, consistent procedures
                                                    applicable disclosure law. For more                     or videoconference).                                  for the timely and effective conduct of
                                                    information about FDA’s posting of                         The Biologics Price Competition and                such meetings. The good meeting
                                                    comments to public dockets, see 80 FR                   Innovation Act of 2009 amended the                    management practices in this guidance
                                                    56469, September 18, 2015, or access                    Public Health Service Act (PHS Act) and               are intended to provide consistent
                                                    the information at: http://www.fda.gov/                 other statutes to create an abbreviated               procedures that will promote well-
                                                    regulatoryinformation/dockets/                          licensure pathway in section 351(k) of                managed meetings and to ensure that
                                                    default.htm.                                            the PHS Act (42 U.S.C. 262(k)) for                    such meetings are scheduled within a
                                                       Docket: For access to the docket to                  biological products shown to be                       reasonable time, conducted efficiently,
                                                    read background documents or the                        biosimilar to, or interchangeable with,               and documented appropriately. The
                                                    electronic and written/paper comments                   an FDA-licensed biological product (see               following five meeting types that occur
                                                    received, go to http://                                 sections 7001 through 7003 of the                     between sponsors or applicants and
                                                    www.regulations.gov and insert the                      Patient Protection and Affordable Care                FDA staff during the biosimilar BPD
                                                    docket number, found in brackets in the                 Act (Pub. L. 111–148)). The Biosimilar                phase are described in the guidance: (1)
                                                    heading of this document, into the                      User Fee Act of 2012 (BsUFA), enacted                 Biosimilar Initial Advisory meeting; (2)
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    ‘‘Search’’ box and follow the prompts                   as part of the Food and Drug                          BPD Type 1 meeting; (3) BPD Type 2
                                                    and/or go to the Division of Dockets                    Administration Safety and Innovation                  meeting; (4) BPD Type 3 meeting; and
                                                    Management, 5630 Fishers Lane, Rm.                      Act (Pub. L. 112–144), amended the                    (5) BPD Type 4 meeting.
                                                    1061, Rockville, MD 20852.                              Federal Food, Drug, and Cosmetic Act
                                                       Submit written requests for single                   (the FD&C Act) to authorize a new user                  1 See http://www.fda.gov/downloads/Drugs/

                                                    copies of this guidance to the Division                 fee program for biosimilar biological                 DevelopmentApprovalProcess/HowDrugsare
                                                                                                                                                                  DevelopedandApproved/ApprovalApplications/
                                                    of Drug Information, Center for Drug                    products. FDA has committed to                        TherapeuticBiologicApplications/Biosimilars/
                                                    Evaluation and Research, Food and                       meeting certain performance goals in                  UCM281991.pdf.



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                                                                             Federal Register / Vol. 80, No. 222 / Wednesday, November 18, 2015 / Notices                                          72071

                                                       On April 1, 2013 (78 FR 19492), FDA                  SUMMARY:   The Food and Drug                          comment, as well as any attachments,
                                                    announced the availability of a draft                   Administration (FDA) is announcing an                 except for information submitted,
                                                    version of this guidance. All comments                  opportunity for public comment on the                 marked and identified, as confidential,
                                                    received during the comment period for                  proposed collection of certain                        if submitted as detailed in
                                                    the draft guidance have been reviewed                   information by the Agency. Under the                  ‘‘Instructions.’’
                                                    and, where appropriate, incorporated                    Paperwork Reduction Act of 1995 (the                     Instructions: All submissions received
                                                    into this guidance. As a result of the                  PRA), Federal Agencies are required to                must include the Docket No. FDA–
                                                    public comments, information has been                   publish notice in the Federal Register                2012–N–0921 for ‘‘Agency Information
                                                    added to provide clarity on the process                 concerning each proposed collection of                Collection Activities; Proposed
                                                    for requesting meetings, including                      information, including each proposed                  Collection; Comment Request;
                                                    identifying the appropriate meeting                     extension of an existing collection of                Electronic Submission of Food and Drug
                                                    type, and the data expectations to                      information, and to allow 60 days for                 Administration Adverse Event Reports
                                                    support the appropriate meeting type.                   public comment in response to the                     and Other Safety Information Using the
                                                       This guidance is being issued                        notice. This notice solicits comments on              Electronic Submission Gateway and the
                                                    consistent with FDA’s good guidance                     the use of the FDA Electronic                         Safety Reporting Portal.’’ Received
                                                    practices regulation (21 CFR 10.115).                   Submission Gateway (ESG) and the                      comments will be placed in the docket
                                                    The guidance represents the current                     Safety Reporting Portal (SRP) to collect              and, except for those submitted as
                                                    thinking of FDA on formal meetings                      adverse event reports and other safety                ‘‘Confidential Submissions,’’ publicly
                                                    between FDA and biosimilar biological                   information for FDA-regulated products.               viewable at http://www.regulations.gov
                                                    product sponsors or applicants. It does                 DATES: Submit either electronic or                    or at the Division of Dockets
                                                    not establish any rights for any person                 written comments on the collection of                 Management between 9 a.m. and 4 p.m.,
                                                    and is not binding on FDA or the public.                information by January 19, 2016.                      Monday through Friday.
                                                    You can use an alternative approach if                  ADDRESSES: You may submit comments                       • Confidential Submissions—To
                                                    it satisfies the requirements of the                    as follows:                                           submit a comment with confidential
                                                    applicable statutes and regulations.                                                                          information that you do not wish to be
                                                                                                            Electronic Submissions                                made publicly available, submit your
                                                    II. Paperwork Reduction Act of 1995
                                                                                                              Submit electronic comments in the                   comments only as a written/paper
                                                      This guidance contains information                    following way:                                        submission. You should submit two
                                                    collection provisions that are subject to                 • Federal eRulemaking Portal: http://               copies total. One copy will include the
                                                    review by the Office of Management and                  www.regulations.gov. Follow the                       information you claim to be confidential
                                                    Budget (OMB) under the Paperwork                        instructions for submitting comments.                 with a heading or cover note that states
                                                    Reduction Act of 1995 (44 U.S.C. 3501–                  Comments submitted electronically,                    ‘‘THIS DOCUMENT CONTAINS
                                                    3520). The collection of information in                 including attachments, to http://                     CONFIDENTIAL INFORMATION’’. The
                                                    this guidance was approved under OMB                    www.regulations.gov will be posted to                 Agency will review this copy, including
                                                    control number 0910–0802.                               the docket unchanged. Because your                    the claimed confidential information, in
                                                    III. Electronic Access                                  comment will be made public, you are                  its consideration of comments. The
                                                                                                            solely responsible for ensuring that your             second copy, which will have the
                                                      Persons with access to the Internet                                                                         claimed confidential information
                                                                                                            comment does not include any
                                                    may obtain the guidance at http://                                                                            redacted/blacked out, will be available
                                                                                                            confidential information that you or a
                                                    www.fda.gov/Drugs/Guidance                                                                                    for public viewing and posted on
                                                                                                            third party may not wish to be posted,
                                                    ComplianceRegulatoryInformation/                                                                              http://www.regulations.gov. Submit
                                                                                                            such as medical information, your or
                                                    Guidances/default.htm, http://                                                                                both copies to the Division of Dockets
                                                                                                            anyone else’s Social Security number, or
                                                    www.fda.gov/BiologicsBloodVaccines/                                                                           Management. If you do not wish your
                                                                                                            confidential business information, such
                                                    GuidanceComplianceRegulatory                                                                                  name and contact information to be
                                                                                                            as a manufacturing process. Please note
                                                    Information/default.htm, or http://                                                                           made publicly available, you can
                                                                                                            that if you include your name, contact
                                                    www.regulations.gov.                                                                                          provide this information on the cover
                                                                                                            information, or other information that
                                                      Dated: November 13, 2015.                             identifies you in the body of your                    sheet and not in the body of your
                                                    Leslie Kux,                                             comments, that information will be                    comments and you must identify this
                                                    Associate Commissioner for Policy.                      posted on http://www.regulations.gov.                 information as ‘‘confidential.’’ Any
                                                    [FR Doc. 2015–29455 Filed 11–17–15; 8:45 am]              • If you want to submit a comment                   information marked as ‘‘confidential’’
                                                    BILLING CODE 4164–01–P                                  with confidential information that you                will not be disclosed except in
                                                                                                            do not wish to be made available to the               accordance with 21 CFR 10.20 and other
                                                                                                            public, submit the comment as a                       applicable disclosure law. For more
                                                    DEPARTMENT OF HEALTH AND                                written/paper submission and in the                   information about FDA’s posting of
                                                    HUMAN SERVICES                                          manner detailed (see ‘‘Written/Paper                  comments to public dockets, see 80 FR
                                                                                                            Submissions’’ and ‘‘Instructions’’).                  56469, September 18, 2015, or access
                                                    Food and Drug Administration                                                                                  the information at: http://www.fda.gov/
                                                                                                            Written/Paper Submissions                             regulatoryinformation/dockets/
                                                    [Docket No. FDA–2012–N–0921]                              Submit written/paper submissions as                 default.htm.
                                                                                                            follows:                                                 Docket: For access to the docket to
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Agency Information Collection                             • Mail/Hand delivery/Courier (for                   read background documents or the
                                                    Activities; Proposed Collection;                        written/paper submissions): Division of               electronic and written/paper comments
                                                    Comment Request; Adverse Event                          Dockets Management (HFA–305), Food                    received, go to http://
                                                    Reporting; Electronic Submissions                       and Drug Administration, 5630 Fishers                 www.regulations.gov and insert the
                                                    AGENCY:    Food and Drug Administration,                Lane, Rm. 1061, Rockville, MD 20852.                  docket number, found in brackets in the
                                                    HHS.                                                      • For written/paper comments                        heading of this document, into the
                                                                                                            submitted to the Division of Dockets                  ‘‘Search’’ box and follow the prompts
                                                    ACTION:   Notice.
                                                                                                            Management, FDA will post your                        and/or go to the Division of Dockets


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Document Created: 2018-03-01 11:20:39
Document Modified: 2018-03-01 11:20:39
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.
DatesSubmit either electronic or written comments on Agency guidances at any time.
ContactNeel Patel, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6483, Silver Spring, MD 20993-0002, 301-796-0970; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation80 FR 72069 

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