81_FR_43333 81 FR 43206 - Early Clinical Trials With Live Biotherapeutic Products: Chemistry, Manufacturing, and Control Information; Guidance for Industry; Availability

81 FR 43206 - Early Clinical Trials With Live Biotherapeutic Products: Chemistry, Manufacturing, and Control Information; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43206-43207
FR Document2016-15664

The Food and Drug Administration (FDA or Agency) is announcing the availability of a document entitled ``Early Clinical Trials With Live Biotherapeutic Products: Chemistry, Manufacturing, and Control Information; Guidance for Industry.'' The guidance document provides investigational new drug application (IND) sponsors with recommendations regarding IND submissions for early clinical trials with live biotherapeutic products (LBPs) in the United States. The guidance announced in this notice updates the guidance of the same title dated February 2012 (February 2012 guidance) by addressing when the label on the commercially available products(s) would be considered adequate to satisfy the purpose of the chemistry, manufacturing, and control (CMC) information requirements.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43206-43207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15664]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0500]


Early Clinical Trials With Live Biotherapeutic Products: 
Chemistry, Manufacturing, and Control Information; 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 document entitled ``Early Clinical Trials With 
Live Biotherapeutic Products: Chemistry, Manufacturing, and Control 
Information; Guidance for Industry.'' The guidance document provides 
investigational new drug application (IND) sponsors with 
recommendations regarding IND submissions for early clinical trials 
with live biotherapeutic products (LBPs) in the United States. The 
guidance announced in this notice updates the guidance of the same 
title dated February 2012 (February 2012 guidance) by addressing when 
the label on the commercially available products(s) would be considered 
adequate to satisfy the purpose of the chemistry, manufacturing, and 
control (CMC) information requirements.

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, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2010-D-0500 for ``Early Clinical Trials With Live Biotherapeutic 
Products: Chemistry, Manufacturing, and Control Information; Guidance 
for Industry.'' 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

[[Page 43207]]

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 the guidance to the 
Office of Communication, Outreach and Development, Center for Biologics 
Evaluation and Research (CBER), 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 the office in processing 
your requests. The guidance may also be obtained by mail by calling 
CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jessica T. Walker, 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 document entitled ``Early 
Clinical Trials With Live Biotherapeutic Products: Chemistry, 
Manufacturing, and Control Information; Guidance for Industry.'' The 
guidance provides IND sponsors with recommendations regarding IND 
submissions for early clinical trials for LBPs in the United States, 
including LBPs lawfully marketed as conventional foods and dietary 
supplements in the United States and proposed for clinical uses 
regulated under section 351 of the Public Health Service (PHS) Act (42 
U.S.C. 262). The guidance focuses on the CMC information that should be 
provided in an IND for early clinical trials evaluating LBPs. The 
guidance is applicable to INDs of LBPs, whether clinical trials are 
conducted commercially, in an academic setting, or otherwise under part 
312 (21 CFR part 312).
    In the Federal Register of February 21, 2012 (77 FR 9947), FDA 
announced the availability of the final guidance of the same title 
dated February 2012. In the Federal Register of March 31, 2015 (80 FR 
17050), FDA published a notice requesting additional comments on the 
CMC information that a sponsor of an IND should provide in its IND in 
order to meet regulatory requirements when commercially available 
conventional foods or dietary supplements containing LBPs are used as 
investigational new drugs in early phase clinical trials. FDA received 
a few comments on the notice and in response to the comments, FDA is 
updating the February 2012 guidance by adding a section to address when 
the label on commercially available products will be considered 
adequate to satisfy the purpose of the CMC requirements for INDs under 
Sec.  312.23(a)(7)(iv)(a)-(b). In addition, editorial changes were made 
to improve clarity. The guidance announced in this notice updates the 
guidance of the same title dated February 2012.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). FDA is issuing this guidance for 
immediate implementation in accordance with 21 CFR 10.115(g)(2) without 
seeking additional comments after determining that prior public 
participation is not feasible or appropriate. FDA notes that we already 
sought comments on the issues addressed by the revisions in this 
guidance in the Federal Register of March 31, 2015 under Docket No. 
FDA-2010-D-0500. Further delay in implementing these revisions could 
impede the progress of certain investigations of drug use of 
commercially marketed foods or dietary supplements that are of low risk 
and may be of benefit to the public health.
    The guidance represents the current thinking of FDA on ``Early 
Clinical Trials with Live Biotherapeutic Products: Chemistry, 
Manufacturing, and Control Information.'' 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

    The guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
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 
collections of information in part 312 have been approved under OMB 
control number 0910-0014.

III. Electronic Access

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

    Dated: June 27, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-15664 Filed 6-30-16; 8:45 am]
BILLING CODE 4164-01-P



                                                    43206                                    Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

                                                                                                              ESTIMATED ANNUALIZED BURDEN HOURS—Continued
                                                                                                                                                                                                                                      Average
                                                                                                                                                                                                        Number of
                                                                                                                                                                             Number of                                              burden per              Total burden
                                                           Respondents                                                 Form name                                                                      responses per
                                                                                                                                                                            respondents                                              response                  hours
                                                                                                                                                                                                        respondent                   (in hours)

                                                                                          Consumer Concept Testing In-depth Interview                                                          68                          1                           1              68
                                                                                             Guide.
                                                                                          Consumer Materials Testing In-depth Interview                                                        68                           1                          1              68
                                                                                             Guide.
                                                                                          Exploratory—HIV Testing Focus Group Inter-                                                           74                          1                           2             148
                                                                                             view Guide.
                                                                                          Exploratory—HIV Prevention Focus Group Inter-                                                        74                           1                          2             148
                                                                                             view Guide.
                                                                                          Exploratory—HIV Communication and Aware-                                                             74                           1                          2             148
                                                                                             ness Focus Group Interview Guide.
                                                                                          Exploratory—HIV Prevention with Positives                                                            74                           1                          2             148
                                                                                             Focus Group Interview Guide.
                                                                                          Consumer Concept Testing Focus Group Inter-                                                          68                          1                           2             136
                                                                                             view Guide.
                                                                                          Consumer Message Testing Focus Group Inter-                                                          68                           1                          2             136
                                                                                             view Guide.
                                                                                          Consumer Materials Testing Focus Group Inter-                                                        68                           1                          2             136
                                                                                             view Guide.
                                                                                          HIV Testing Survey .............................................                                   250                            1                  15/60                  63
                                                                                          HIV Prevention Survey ........................................                                     250                            1                  15/60                  63
                                                                                          HIV Communication and Awareness Survey ......                                                      250                            1                  15/60                  63
                                                                                          HIV Prevention with Positives Survey .................                                             250                            1                  15/60                  63
                                                                                          Intercept Interview Guide ....................................                                     700                            1                  20/60                 233

                                                         Total ........................   ..............................................................................   ........................   ........................   ........................          2,063



                                                    Jeffrey M. Zirger,                                                      products (LBPs) in the United States.                                         identifies you in the body of your
                                                    Health Scientist, Acting Chief, Information                             The guidance announced in this notice                                         comments, that information will be
                                                    Collection Review Office, Office of Scientific                          updates the guidance of the same title                                        posted on http://www.regulations.gov.
                                                    Integrity, Office of the Associate Director for                         dated February 2012 (February 2012                                              • If you want to submit a comment
                                                    Science, Office of the Director, Centers for                            guidance) by addressing when the label                                        with confidential information that you
                                                    Disease Control and Prevention.                                         on the commercially available                                                 do not wish to be made available to the
                                                    [FR Doc. 2016–15646 Filed 6–30–16; 8:45 am]                             products(s) would be considered                                               public, submit the comment as a
                                                    BILLING CODE 4163–18–P                                                  adequate to satisfy the purpose of the                                        written/paper submission and in the
                                                                                                                            chemistry, manufacturing, and control                                         manner detailed (see ‘‘Written/Paper
                                                                                                                            (CMC) information requirements.                                               Submissions’’ and ‘‘Instructions’’).
                                                    DEPARTMENT OF HEALTH AND
                                                                                                                            DATES: Submit either electronic or                                            Written/Paper Submissions
                                                    HUMAN SERVICES
                                                                                                                            written comments on Agency guidances
                                                                                                                                                                                                             Submit written/paper submissions as
                                                    Food and Drug Administration                                            at any time.                                                                  follows:
                                                    [Docket No. FDA–2010–D–0500]
                                                                                                                            ADDRESSES: You may submit comments                                               • Mail/Hand delivery/Courier (for
                                                                                                                            as follows:                                                                   written/paper submissions): Division of
                                                    Early Clinical Trials With Live                                         Electronic Submissions                                                        Dockets Management (HFA–305), Food
                                                    Biotherapeutic Products: Chemistry,                                                                                                                   and Drug Administration, 5630 Fishers
                                                                                                                              Submit electronic comments in the                                           Lane, Rm. 1061, Rockville, MD 20852.
                                                    Manufacturing, and Control
                                                    Information; Guidance for Industry;
                                                                                                                            following way:                                                                   • For written/paper comments
                                                                                                                              • Federal eRulemaking Portal: http://                                       submitted to the Division of Dockets
                                                    Availability
                                                                                                                            www.regulations.gov. Follow the                                               Management, FDA will post your
                                                    AGENCY:      Food and Drug Administration,                              instructions for submitting comments.                                         comment, as well as any attachments,
                                                    HHS.                                                                    Comments submitted electronically,                                            except for information submitted,
                                                    ACTION:    Notice of availability.                                      including attachments, to http://                                             marked and identified, as confidential,
                                                                                                                            www.regulations.gov will be posted to                                         if submitted as detailed in
                                                    SUMMARY:    The Food and Drug                                           the docket unchanged. Because your                                            ‘‘Instructions.’’
                                                    Administration (FDA or Agency) is                                       comment will be made public, you are                                             Instructions: All submissions received
                                                    announcing the availability of a                                        solely responsible for ensuring that your                                     must include the Docket No. FDA–
                                                    document entitled ‘‘Early Clinical Trials                               comment does not include any                                                  2010–D–0500 for ‘‘Early Clinical Trials
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    With Live Biotherapeutic Products:                                      confidential information that you or a                                        With Live Biotherapeutic Products:
                                                    Chemistry, Manufacturing, and Control                                   third party may not wish to be posted,                                        Chemistry, Manufacturing, and Control
                                                    Information; Guidance for Industry.’’                                   such as medical information, your or                                          Information; Guidance for Industry.’’
                                                    The guidance document provides                                          anyone else’s Social Security number, or                                      Received comments will be placed in
                                                    investigational new drug application                                    confidential business information, such                                       the docket and, except for those
                                                    (IND) sponsors with recommendations                                     as a manufacturing process. Please note                                       submitted as ‘‘Confidential
                                                    regarding IND submissions for early                                     that if you include your name, contact                                        Submissions,’’ publicly viewable at
                                                    clinical trials with live biotherapeutic                                information, or other information that                                        http://www.regulations.gov or at the


                                               VerDate Sep<11>2014      19:05 Jun 30, 2016        Jkt 238001       PO 00000        Frm 00025         Fmt 4703       Sfmt 4703       E:\FR\FM\01JYN1.SGM              01JYN1


                                                                                      Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices                                                 43207

                                                    Division of Dockets Management                          FOR FURTHER INFORMATION CONTACT:                       participation is not feasible or
                                                    between 9 a.m. and 4 p.m., Monday                       Jessica T. Walker, Center for Biologics                appropriate. FDA notes that we already
                                                    through Friday.                                         Evaluation and Research, Food and                      sought comments on the issues
                                                       • Confidential Submissions—To                        Drug Administration, 10903 New                         addressed by the revisions in this
                                                    submit a comment with confidential                      Hampshire Ave., Bldg. 71, Rm. 7301,                    guidance in the Federal Register of
                                                    information that you do not wish to be                  Silver Spring, MD 20993–0002, 240–                     March 31, 2015 under Docket No. FDA–
                                                    made publicly available, submit your                    402–7911.                                              2010–D–0500. Further delay in
                                                    comments only as a written/paper                        SUPPLEMENTARY INFORMATION:                             implementing these revisions could
                                                    submission. You should submit two                                                                              impede the progress of certain
                                                                                                            I. Background                                          investigations of drug use of
                                                    copies total. One copy will include the
                                                                                                               FDA is announcing the availability of               commercially marketed foods or dietary
                                                    information you claim to be confidential                a document entitled ‘‘Early Clinical
                                                    with a heading or cover note that states                                                                       supplements that are of low risk and
                                                                                                            Trials With Live Biotherapeutic                        may be of benefit to the public health.
                                                    ‘‘THIS DOCUMENT CONTAINS                                Products: Chemistry, Manufacturing,                       The guidance represents the current
                                                    CONFIDENTIAL INFORMATION.’’ The                         and Control Information; Guidance for                  thinking of FDA on ‘‘Early Clinical
                                                    Agency will review this copy, including                 Industry.’’ The guidance provides IND                  Trials with Live Biotherapeutic
                                                    the claimed confidential information, in                sponsors with recommendations                          Products: Chemistry, Manufacturing,
                                                    its consideration of comments. The                      regarding IND submissions for early                    and Control Information.’’ It does not
                                                    second copy, which will have the                        clinical trials for LBPs in the United                 establish any rights for any person and
                                                    claimed confidential information                        States, including LBPs lawfully                        is not binding on FDA or the public.
                                                    redacted/blacked out, will be available                 marketed as conventional foods and                     You can use an alternative approach if
                                                    for public viewing and posted on http://                dietary supplements in the United                      it satisfies the requirements of the
                                                    www.regulations.gov. Submit both                        States and proposed for clinical uses                  applicable statutes and regulations.
                                                    copies to the Division of Dockets                       regulated under section 351 of the
                                                    Management. If you do not wish your                     Public Health Service (PHS) Act (42                    II. Paperwork Reduction Act of 1995
                                                    name and contact information to be                      U.S.C. 262). The guidance focuses on                      The guidance refers to previously
                                                    made publicly available, you can                        the CMC information that should be                     approved collections of information
                                                    provide this information on the cover                   provided in an IND for early clinical                  found in FDA regulations. These
                                                    sheet and not in the body of your                       trials evaluating LBPs. The guidance is                collections of information are subject to
                                                    comments and you must identify this                     applicable to INDs of LBPs, whether                    review by the Office of Management and
                                                    information as ‘‘confidential.’’ Any                    clinical trials are conducted                          Budget (OMB) under the Paperwork
                                                    information marked as ‘‘confidential’’                  commercially, in an academic setting, or               Reduction Act of 1995 (44 U.S.C. 3501–
                                                    will not be disclosed except in                         otherwise under part 312 (21 CFR part                  3520). The collections of information in
                                                    accordance with 21 CFR 10.20 and other                  312).                                                  part 312 have been approved under
                                                    applicable disclosure law. For more                        In the Federal Register of February                 OMB control number 0910–0014.
                                                    information about FDA’s posting of                      21, 2012 (77 FR 9947), FDA announced
                                                    comments to public dockets, see 80 FR                   the availability of the final guidance of              III. Electronic Access
                                                    56469, September 18, 2015, or access                    the same title dated February 2012. In                    Persons with access to the Internet
                                                    the information at: http://www.fda.gov/                 the Federal Register of March 31, 2015                 may obtain the guidance at either http://
                                                    regulatoryinformation/dockets/                          (80 FR 17050), FDA published a notice                  www.fda.gov/BiologicsBloodVaccines/
                                                    default.htm.                                            requesting additional comments on the                  GuidanceComplianceRegulatory
                                                       Docket: For access to the docket to                  CMC information that a sponsor of an                   Information/Guidances/default.htm or
                                                    read background documents or the                        IND should provide in its IND in order                 http://www.regulations.gov.
                                                    electronic and written/paper comments                   to meet regulatory requirements when                     Dated: June 27, 2016.
                                                    received, go to http://                                 commercially available conventional                    Leslie Kux,
                                                    www.regulations.gov and insert the                      foods or dietary supplements containing
                                                                                                                                                                   Associate Commissioner for Policy.
                                                    docket number, found in brackets in the                 LBPs are used as investigational new
                                                                                                                                                                   [FR Doc. 2016–15664 Filed 6–30–16; 8:45 am]
                                                                                                            drugs in early phase clinical trials. FDA
                                                    heading of this document, into the                                                                             BILLING CODE 4164–01–P
                                                                                                            received a few comments on the notice
                                                    ‘‘Search’’ box and follow the prompts
                                                                                                            and in response to the comments, FDA
                                                    and/or go to the Division of Dockets
                                                                                                            is updating the February 2012 guidance
                                                    Management, 5630 Fishers Lane, Rm.                                                                             DEPARTMENT OF HEALTH AND
                                                                                                            by adding a section to address when the
                                                    1061, Rockville, MD 20852.                                                                                     HUMAN SERVICES
                                                                                                            label on commercially available
                                                       Submit written requests for single                   products will be considered adequate to                Food and Drug Administration
                                                    copies of the guidance to the Office of                 satisfy the purpose of the CMC
                                                    Communication, Outreach and                             requirements for INDs under                            [Docket No. FDA–N–2016–1493]
                                                    Development, Center for Biologics                       § 312.23(a)(7)(iv)(a)–(b). In addition,
                                                    Evaluation and Research (CBER), Food                    editorial changes were made to improve                 Erythropoietic Protoporphyria;
                                                    and Drug Administration, 10903 New                      clarity. The guidance announced in this                Scientific Workshop
                                                    Hampshire Ave., Bldg. 71, Rm. 3128,                     notice updates the guidance of the same                AGENCY:   Food and Drug Administration,
                                                    Silver Spring, MD 20993–0002. Send
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            title dated February 2012.                             HHS.
                                                    one self-addressed adhesive label to                       This guidance is being issued                       ACTION: Notice of public workshop;
                                                    assist the office in processing your                    consistent with FDA’s good guidance                    request for comments.
                                                    requests. The guidance may also be                      practices regulation (21 CFR 10.115).
                                                    obtained by mail by calling CBER at 1–                  FDA is issuing this guidance for                       SUMMARY: The Food and Drug
                                                    800–835–4709 or 240–402–8010. See                       immediate implementation in                            Administration (FDA or Agency) is
                                                    the SUPPLEMENTARY INFORMATION section                   accordance with 21 CFR 10.115(g)(2)                    announcing a public workshop and an
                                                    for electronic access to the guidance                   without seeking additional comments                    opportunity for public comment on
                                                    document.                                               after determining that prior public                    Erythropoietic Protoporphyria (EPP).


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Document Created: 2016-07-14 11:37:52
Document Modified: 2016-07-14 11:37:52
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.
ContactJessica T. Walker, 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 Citation81 FR 43206 

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