82_FR_13868 82 FR 13819 - Considerations in Demonstrating Interchangeability With a Reference Product; Draft Guidance for Industry; Availability; Extension of Comment Period

82 FR 13819 - Considerations in Demonstrating Interchangeability With a Reference Product; Draft Guidance for Industry; Availability; Extension of Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 49 (March 15, 2017)

Page Range13819-13820
FR Document2017-05102

The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice that appeared in the Federal Register of January 18, 2017. In the notice, FDA requested comments on ``Considerations in Demonstrating Interchangeability with a Reference Product.'' The Agency is taking this action in response to several requests for an extension to allow interested persons additional time to submit comments.

Federal Register, Volume 82 Issue 49 (Wednesday, March 15, 2017)
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13819-13820]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05102]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-0154]


Considerations in Demonstrating Interchangeability With a 
Reference Product; Draft Guidance for Industry; Availability; Extension 
of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
extending the comment period for the notice that appeared in the 
Federal Register of January 18, 2017. In the notice, FDA requested 
comments on ``Considerations in Demonstrating Interchangeability with a 
Reference Product.'' The Agency is taking this action in response to 
several requests for an extension to allow interested persons 
additional time to submit comments.

DATES: FDA is extending the comment period on the notice published 
January 18, 2017 (82 FR 5579). Submit either electronic or written 
comments by May 19, 2017. Late, untimely filed comments will not be 
considered. Electronic comments must be submitted on or before May 19, 
2017. The https://www.regulations.gov electronic filing system will 
accept comments until midnight Eastern Time at the end of May 19, 2017. 
Comments received by mail/hand delivery/courier (for written/paper 
submissions) will be considered timely if they are postmarked or the 
delivery service acceptance receipt is on or before that date.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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-2017-D-0154 for ``Considerations in Demonstrating 
Interchangeability With a Reference Product; Draft Guidance for 
Industry.'' Received comments, those filed in a timely manner (see 
DATES), will be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at https://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

[[Page 13820]]

redacted/blacked out, will be available for public viewing and posted 
on https://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: https://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 https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Sandra Benton, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993-0002, 301-
796-1042, 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: In the Federal Register of January 18, 2017 
(82 FR 5579), FDA published a notice with a 60-day comment period to 
request comments on ``Considerations in Demonstrating 
Interchangeability With a Reference Product.''
    The Agency has received several requests for a 60-day extension of 
the comment period for the notice. The requests conveyed concern that 
the current 60-day comment period does not allow sufficient time to 
develop a meaningful or thoughtful response to the notice.
    FDA has considered the requests and is extending the comment period 
for the notice for 60 days, until May 19, 2017. The Agency believes 
that a 60-day extension allows adequate time for interested persons to 
submit comments without significantly delaying rulemaking on these 
important issues.

    Dated: March 9, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-05102 Filed 3-14-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                      Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices                                                13819

                                                     assurance case. The assurance case                              meets FDA regulatory requirements, as                 manufacturers subject to FDA’s laws
                                                     requires the device sponsor to explicitly                       they relate to safety.                                and regulations.
                                                     describe how and why their device                                 The respondents to this collection of                 FDA estimates the burden of this
                                                                                                                     information are infusion pump                         collection of information as follows:
                                                                                                          TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                        Number of                              Average
                                                                                                                                      Number of          responses       Total annual
                                                                                      Activity                                                                                               burden per   Total hours
                                                                                                                                     respondents            per           responses           response
                                                                                                                                                        respondent

                                                     Assurance Case Report .......................................................       31                   1               31                112         3,472
                                                        1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                        FDA’s estimate of 31 respondents is                          Register of January 18, 2017. In the                    • If you want to submit a comment
                                                     based on the number of manufacturers                            notice, FDA requested comments on                     with confidential information that you
                                                     of infusion pumps listed in FDA’s                               ‘‘Considerations in Demonstrating                     do not wish to be made available to the
                                                     Registration and Listing database                               Interchangeability with a Reference                   public, submit the comment as a
                                                     (FURLS). The estimated average burden                           Product.’’ The Agency is taking this                  written/paper submission and in the
                                                     per response, 112 hours, is based on                            action in response to several requests for            manner detailed (see ‘‘Written/Paper
                                                     FDA’s expectation of the amount of                              an extension to allow interested persons              Submissions’’ and ‘‘Instructions’’).
                                                     information that will be contained in                           additional time to submit comments.                   Written/Paper Submissions
                                                     the report, on public comment received                          DATES: FDA is extending the comment
                                                     regarding the burden, on consultation                                                                                    Submit written/paper submissions as
                                                                                                                     period on the notice published January                follows:
                                                     with stakeholders/industry, and on
                                                     FDA’s experience in the creation of an
                                                                                                                     18, 2017 (82 FR 5579). Submit either                     • Mail/Hand delivery/Courier (for
                                                                                                                     electronic or written comments by May                 written/paper submissions): Division of
                                                     assurance case argument structures for                          19, 2017. Late, untimely filed comments
                                                     use in the guidance. Our estimate also                                                                                Dockets Management (HFA–305), Food
                                                                                                                     will not be considered. Electronic                    and Drug Administration, 5630 Fishers
                                                     reflects that some information used to                          comments must be submitted on or
                                                     support the assurance case, such as                                                                                   Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                     before May 19, 2017. The https://                        • For written/paper comments
                                                     activities conducted under existing                             www.regulations.gov electronic filing                 submitted to the Division of Dockets
                                                     design controls, is already covered in                          system will accept comments until                     Management, FDA will post your
                                                     another information collection request                          midnight Eastern Time at the end of                   comment, as well as any attachments,
                                                     (OMB control number 0910–0073) and                              May 19, 2017. Comments received by                    except for information submitted,
                                                     is therefore not included in the burden                         mail/hand delivery/courier (for written/              marked and identified, as confidential,
                                                     estimate in this information collection                         paper submissions) will be considered                 if submitted as detailed in
                                                     request. The respondents to this                                timely if they are postmarked or the                  ‘‘Instructions.’’
                                                     collection of information are infusion                          delivery service acceptance receipt is on                Instructions: All submissions received
                                                     pump manufacturers.                                             or before that date.                                  must include the Docket No. FDA–
                                                       Dated: March 9, 2017.                                                                                               2017–D–0154 for ‘‘Considerations in
                                                                                                                     ADDRESSES:        You may submit comments
                                                     Leslie Kux,                                                                                                           Demonstrating Interchangeability With a
                                                                                                                     as follows:
                                                     Associate Commissioner for Policy.                                                                                    Reference Product; Draft Guidance for
                                                     [FR Doc. 2017–05095 Filed 3–14–17; 8:45 am]                     Electronic Submissions                                Industry.’’ Received comments, those
                                                     BILLING CODE 4164–01–P
                                                                                                                                                                           filed in a timely manner (see DATES),
                                                                                                                       Submit electronic comments in the                   will be placed in the docket and, except
                                                                                                                     following way:                                        for those submitted as ‘‘Confidential
                                                     DEPARTMENT OF HEALTH AND                                          • Federal eRulemaking Portal:                       Submissions,’’ publicly viewable at
                                                     HUMAN SERVICES                                                  https://www.regulations.gov. Follow the               https://www.regulations.gov or at the
                                                                                                                     instructions for submitting comments.                 Division of Dockets Management
                                                     Food and Drug Administration                                    Comments submitted electronically,                    between 9 a.m. and 4 p.m., Monday
                                                                                                                     including attachments, to https://                    through Friday.
                                                     [Docket No. FDA–2017–D–0154]                                    www.regulations.gov will be posted to                    • Confidential Submissions—To
                                                                                                                     the docket unchanged. Because your                    submit a comment with confidential
                                                     Considerations in Demonstrating
                                                                                                                     comment will be made public, you are                  information that you do not wish to be
                                                     Interchangeability With a Reference
                                                                                                                     solely responsible for ensuring that your             made publicly available, submit your
                                                     Product; Draft Guidance for Industry;
                                                                                                                     comment does not include any                          comments only as a written/paper
                                                     Availability; Extension of Comment
                                                                                                                     confidential information that you or a                submission. You should submit two
                                                     Period
                                                                                                                     third party may not wish to be posted,                copies total. One copy will include the
asabaliauskas on DSK3SPTVN1PROD with NOTICES2




                                                     AGENCY:      Food and Drug Administration,                      such as medical information, your or                  information you claim to be confidential
                                                     HHS.                                                            anyone else’s Social Security number, or              with a heading or cover note that states
                                                     ACTION:Notice of availability; extension                        confidential business information, such               ‘‘THIS DOCUMENT CONTAINS
                                                     of comment period.                                              as a manufacturing process. Please note               CONFIDENTIAL INFORMATION.’’ The
                                                                                                                     that if you include your name, contact                Agency will review this copy, including
                                                     SUMMARY:   The Food and Drug                                    information, or other information that                the claimed confidential information, in
                                                     Administration (FDA or the Agency) is                           identifies you in the body of your                    its consideration of comments. The
                                                     extending the comment period for the                            comments, that information will be                    second copy, which will have the
                                                     notice that appeared in the Federal                             posted on https://www.regulations.gov.                claimed confidential information


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                                                     13820                       Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices

                                                     redacted/blacked out, will be available                   Dated: March 9, 2017.                               studies. The guidance describes
                                                     for public viewing and posted on                        Leslie Kux,                                           procedures for sponsors to request
                                                     https://www.regulations.gov. Submit                     Associate Commissioner for Policy.                    special protocol assessment and for the
                                                     both copies to the Division of Dockets                  [FR Doc. 2017–05102 Filed 3–14–17; 8:45 am]           Agency to act on such requests. The
                                                     Management. If you do not wish your                     BILLING CODE 4164–01–P
                                                                                                                                                                   guidance provides information on how
                                                     name and contact information to be                                                                            the Agency interprets and applies
                                                     made publicly available, you can                                                                              provisions of the Food and Drug
                                                     provide this information on the cover                   DEPARTMENT OF HEALTH AND                              Administration Modernization Act of
                                                     sheet and not in the body of your                       HUMAN SERVICES                                        1997 and the specific Prescription Drug
                                                     comments and you must identify this                                                                           User Fee Act of 1992 (PDUFA) goals for
                                                     information as ‘‘confidential.’’ Any                    Food and Drug Administration                          special protocol assessment associated
                                                     information marked as ‘‘confidential’’                                                                        with the development and review of
                                                                                                             [Docket No. FDA–2016–N–3535]
                                                     will not be disclosed except in                                                                               PDUFA products. The guidance
                                                     accordance with 21 CFR 10.20 and other                  Agency Information Collection                         describes the following two collections
                                                     applicable disclosure law. For more                     Activities; Submission for Office of                  of information: (1) The submission of a
                                                     information about FDA’s posting of                      Management and Budget Review;                         notice of intent to request special
                                                     comments to public dockets, see 80 FR                   Comment Request; Guidance for                         protocol assessment of a carcinogenicity
                                                     56469, September 18, 2015, or access                    Industry on Special Protocol                          protocol and (2) the submission of a
                                                     the information at: https://www.fda.gov/                Assessment                                            request for special protocol assessment.
                                                     regulatoryinformation/dockets/                                                                                I. Notification for a Carcinogenicity
                                                     default.htm.                                            AGENCY:    Food and Drug Administration,
                                                                                                             HHS.                                                  Protocol
                                                        Docket: For access to the docket to
                                                                                                             ACTION:   Notice.                                        As described in the guidance, a
                                                     read background documents or the                                                                              sponsor interested in Agency
                                                     electronic and written/paper comments                   SUMMARY:   The Food and Drug                          assessment of a carcinogenicity protocol
                                                     received, go to https://                                Administration (FDA, Agency, or we) is                should notify the appropriate division
                                                     www.regulations.gov and insert the                      announcing that a proposed collection                 in FDA’s Center for Drug Evaluation and
                                                     docket number, found in brackets in the                 of information has been submitted to the              Research (CDER) or the Center for
                                                     heading of this document, into the                      Office of Management and Budget                       Biologics Evaluation and Research
                                                     ‘‘Search’’ box and follow the prompts                   (OMB) for review and clearance under                  (CBER) of an intent to request special
                                                     and/or go to the Division of Dockets                    the Paperwork Reduction Act of 1995                   protocol assessment at least 30 days
                                                     Management, 5630 Fishers Lane, Rm.                      (the PRA).                                            prior to submitting the request. With
                                                     1061, Rockville, MD 20852.                              DATES: Fax written comments on the                    such notification, the sponsor should
                                                     FOR FURTHER INFORMATION CONTACT:                        collection of information by April 14,                submit relevant background information
                                                     Sandra Benton, Center for Drug                          2017.                                                 so that the Agency may review reference
                                                     Evaluation and Research, Food and                       ADDRESSES: To ensure that comments on
                                                                                                                                                                   material related to carcinogenicity
                                                     Drug Administration, 10903 New                          the information collection are received,              protocol design prior to receiving the
                                                     Hampshire Ave., Bldg. 51, Rm. 6340,                                                                           carcinogenicity protocol.
                                                                                                             OMB recommends that written
                                                     Silver Spring, MD 20993–0002, 301–                      comments be faxed to the Office of                    II. Request for Special Protocol
                                                     796–1042, or Stephen Ripley, Center for                 Information and Regulatory Affairs,                   Assessment
                                                     Biologics Evaluation and Research,                      OMB, Attn: FDA Desk Officer, FAX:
                                                     Food and Drug Administration, 10903                                                                              The guidance asks that a request for
                                                                                                             202–395–7285, or emailed to oira_                     special protocol assessment be
                                                     New Hampshire Ave., Bldg. 71, Rm.                       submission@omb.eop.gov. All
                                                     7301, Silver Spring, MD 20993–0002,                                                                           submitted as an amendment to the
                                                                                                             comments should be identified with the                investigational new drug application
                                                     240–402–7911.                                           OMB control number 0910–0470. Also                    (IND) for the underlying product and
                                                     SUPPLEMENTARY INFORMATION:     In the                   include the FDA docket number found                   that it be submitted to the Agency in
                                                     Federal Register of January 18, 2017 (82                in brackets in the heading of this                    triplicate with Form FDA 1571 attached.
                                                     FR 5579), FDA published a notice with                   document.                                             The guidance also suggests that the
                                                     a 60-day comment period to request                      FOR FURTHER INFORMATION CONTACT: FDA                  sponsor submit the cover letter to a
                                                     comments on ‘‘Considerations in                         PRA Staff, Office of Operations, Food                 request for special protocol assessment
                                                     Demonstrating Interchangeability With a                 and Drug Administration, Three White                  via fax to the appropriate division in
                                                     Reference Product.’’                                    Flint North, 10A63, 11601 Landsdown                   CDER or CBER. Agency regulations (21
                                                        The Agency has received several                      St., North Bethesda, MD 20852,                        CFR 312.23(d)) state that information
                                                     requests for a 60-day extension of the                  PRAStaff@fda.hhs.gov.                                 provided to the Agency as part of an
                                                     comment period for the notice. The                      SUPPLEMENTARY INFORMATION: In                         IND is to be submitted in triplicate and
                                                     requests conveyed concern that the                      compliance with 44 U.S.C. 3507, FDA                   with the appropriate cover form, Form
                                                     current 60-day comment period does                      has submitted the following proposed                  FDA 1571. An IND is submitted to FDA
                                                     not allow sufficient time to develop a                  collection of information to OMB for                  under existing regulations in part 312
                                                     meaningful or thoughtful response to                    review and clearance.                                 (21 CFR part 312), which specifies the
asabaliauskas on DSK3SPTVN1PROD with NOTICES2




                                                     the notice.                                                                                                   information that manufacturers must
                                                        FDA has considered the requests and                  Guidance for Industry on Special                      submit so that FDA may properly
                                                     is extending the comment period for the                 Protocol Assessment OMB Control                       evaluate the safety and effectiveness of
                                                     notice for 60 days, until May 19, 2017.                 Number 0910–0470—Extension                            investigational drugs and biological
                                                     The Agency believes that a 60-day                         The ‘‘Guidance for Industry on                      products. The information collection
                                                     extension allows adequate time for                      Special Protocol Assessment’’ describes               requirements resulting from the
                                                     interested persons to submit comments                   Agency procedures to evaluate issues                  preparation and submission of an IND
                                                     without significantly delaying                          related to the adequacy (e.g., design,                under part 312 have been estimated by
                                                     rulemaking on these important issues.                   conduct, analysis) of certain proposed                FDA and the reporting and


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Document Created: 2017-03-15 06:04:46
Document Modified: 2017-03-15 06:04:46
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; extension of comment period.
DatesFDA is extending the comment period on the notice published January 18, 2017 (82 FR 5579). Submit either electronic or written comments by May 19, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before May 19, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of May 19, 2017. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.
ContactSandra Benton, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993-0002, 301- 796-1042, 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 Citation82 FR 13819 

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