82_FR_13869 82 FR 13820 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Special Protocol Assessment

82 FR 13820 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Industry on Special Protocol Assessment

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range13820-13821
FR Document2017-05098

The Food and Drug Administration (FDA, Agency, or we) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (the PRA).

Federal Register, Volume 82 Issue 49 (Wednesday, March 15, 2017)
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Notices]
[Pages 13820-13821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05098]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3535]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for Industry 
on Special Protocol Assessment

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is 
announcing that a proposed collection of information has been submitted 
to the Office of Management and Budget (OMB) for review and clearance 
under the Paperwork Reduction Act of 1995 (the PRA).

DATES: Fax written comments on the collection of information by April 
14, 2017.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0470. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Guidance for Industry on Special Protocol Assessment OMB Control Number 
0910-0470--Extension

    The ``Guidance for Industry on Special Protocol Assessment'' 
describes Agency procedures to evaluate issues related to the adequacy 
(e.g., design, conduct, analysis) of certain proposed studies. The 
guidance describes procedures for sponsors to request special protocol 
assessment and for the Agency to act on such requests. The guidance 
provides information on how the Agency interprets and applies 
provisions of the Food and Drug Administration Modernization Act of 
1997 and the specific Prescription Drug User Fee Act of 1992 (PDUFA) 
goals for special protocol assessment associated with the development 
and review of PDUFA products. The guidance describes the following two 
collections of information: (1) The submission of a notice of intent to 
request special protocol assessment of a carcinogenicity protocol and 
(2) the submission of a request for special protocol assessment.

I. Notification for a Carcinogenicity Protocol

    As described in the guidance, a sponsor interested in Agency 
assessment of a carcinogenicity protocol should notify the appropriate 
division in FDA's Center for Drug Evaluation and Research (CDER) or the 
Center for Biologics Evaluation and Research (CBER) of an intent to 
request special protocol assessment at least 30 days prior to 
submitting the request. With such notification, the sponsor should 
submit relevant background information so that the Agency may review 
reference material related to carcinogenicity protocol design prior to 
receiving the carcinogenicity protocol.

II. Request for Special Protocol Assessment

    The guidance asks that a request for special protocol assessment be 
submitted as an amendment to the investigational new drug application 
(IND) for the underlying product and that it be submitted to the Agency 
in triplicate with Form FDA 1571 attached. The guidance also suggests 
that the sponsor submit the cover letter to a request for special 
protocol assessment via fax to the appropriate division in CDER or 
CBER. Agency regulations (21 CFR 312.23(d)) state that information 
provided to the Agency as part of an IND is to be submitted in 
triplicate and with the appropriate cover form, Form FDA 1571. An IND 
is submitted to FDA under existing regulations in part 312 (21 CFR part 
312), which specifies the information that manufacturers must submit so 
that FDA may properly evaluate the safety and effectiveness of 
investigational drugs and biological products. The information 
collection requirements resulting from the preparation and submission 
of an IND under part 312 have been estimated by FDA and the reporting 
and

[[Page 13821]]

recordkeeping burden has been approved by OMB under OMB control number 
0910-0014.
    FDA suggests that the cover letter to the request for special 
protocol assessment be submitted via fax to the appropriate division in 
CDER or CBER to enable Agency staff to prepare for the arrival of the 
protocol for assessment. The Agency recommends that a request for 
special protocol assessment be submitted as an amendment to an IND for 
two reasons: (1) To ensure that each request is kept in the 
administrative file with the entire IND and (2) to ensure that 
pertinent information about the request is entered into the appropriate 
tracking databases. Use of the information in the Agency's tracking 
databases enables the appropriate Agency official to monitor progress 
on the evaluation of the protocol and to ensure that appropriate steps 
will be taken in a timely manner.
    The guidance recommends that the following information should be 
submitted to the appropriate Center with each request for special 
protocol assessment so that the Center may quickly and efficiently 
respond to the request:
     Questions to the Agency concerning specific issues 
regarding the protocol; and
     All data, assumptions, and information needed to permit an 
adequate evaluation of the protocol, including: (1) The role of the 
study in the overall development of the drug; (2) information 
supporting the proposed trial, including power calculations, the choice 
of study endpoints, and other critical design features; (3) regulatory 
outcomes that could be supported by the results of the study; (4) final 
labeling that could be supported by the results of the study; and (5) 
for a stability protocol, product characterization and relevant 
manufacturing data.
    Description of Respondents: A sponsor, applicant, or manufacturer 
of a drug or biologic product regulated by the Agency under the Federal 
Food, Drug, and Cosmetic Act or section 351 of the Public Health 
Service Act (42 U.S.C. 262) who requests special protocol assessment.
    Burden Estimate: Table 1 provides an estimate of the annual 
reporting burden for notifications for a carcinogenicity protocol and 
requests for a special protocol assessment.
    Notification for a Carcinogenicity Protocol: Based on the number of 
notifications for carcinogenicity protocols and the number of 
carcinogenicity protocols currently submitted to CDER and CBER, CDER 
estimates that it will receive approximately 52 notifications of an 
intent to request special protocol assessment of a carcinogenicity 
protocol per year from approximately 28 sponsors. CBER estimates that 
it will receive approximately one notification of an intent to request 
special protocol assessment of a carcinogenicity protocol per year from 
approximately one sponsor. The hours per response, which is the 
estimated number of hours that a sponsor would spend preparing the 
notification and background information to be submitted in accordance 
with the guidance, is estimated to be approximately 8 hours.
    Requests for Special Protocol Assessment: Based on the number of 
requests for special protocol assessment currently submitted to CDER 
and CBER, CDER estimates that it will receive approximately 211 
requests for special protocol assessment per year from approximately 
112 sponsors. CBER estimates that it will receive approximately nine 
requests from approximately seven sponsors. The hours per response is 
the estimated number of hours that a respondent would spend preparing 
the information to be submitted with a request for special protocol 
assessment, including the time it takes to gather and copy questions to 
be posed to the Agency regarding the protocol and data, assumptions, 
and information needed to permit an adequate evaluation of the 
protocol. Based on the Agency's experience with these submissions, FDA 
estimates approximately 15 hours on average would be needed per 
response.
    In the Federal Register of November 18, 2016 (81 FR 81776), we 
published a 60-day notice requesting public comment on the proposed 
extension of this collection of information. No comments were received 
in response to the notice.
    FDA estimates the burden of this collection as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
 Information collection activity     Number of     responses per   Total annual      Hours per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Notification for Carcinogenicity              29             1.8              53               8             424
 Protocols......................
Requests for Special Protocol                119             1.8             220              15           3,300
 Assessment.....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           3,724
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection.


    Dated: March 9, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-05098 Filed 3-14-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                     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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                                                                                          Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Notices                                                                                               13821

                                                     recordkeeping burden has been                                             trial, including power calculations, the                                    sponsor would spend preparing the
                                                     approved by OMB under OMB control                                         choice of study endpoints, and other                                        notification and background
                                                     number 0910–0014.                                                         critical design features; (3) regulatory                                    information to be submitted in
                                                        FDA suggests that the cover letter to                                  outcomes that could be supported by                                         accordance with the guidance, is
                                                     the request for special protocol                                          the results of the study; (4) final labeling                                estimated to be approximately 8 hours.
                                                     assessment be submitted via fax to the                                    that could be supported by the results                                        Requests for Special Protocol
                                                     appropriate division in CDER or CBER                                      of the study; and (5) for a stability                                       Assessment: Based on the number of
                                                     to enable Agency staff to prepare for the                                 protocol, product characterization and                                      requests for special protocol assessment
                                                     arrival of the protocol for assessment.                                   relevant manufacturing data.                                                currently submitted to CDER and CBER,
                                                     The Agency recommends that a request                                         Description of Respondents: A                                            CDER estimates that it will receive
                                                     for special protocol assessment be                                        sponsor, applicant, or manufacturer of a                                    approximately 211 requests for special
                                                     submitted as an amendment to an IND                                       drug or biologic product regulated by                                       protocol assessment per year from
                                                     for two reasons: (1) To ensure that each                                  the Agency under the Federal Food,                                          approximately 112 sponsors. CBER
                                                     request is kept in the administrative file                                Drug, and Cosmetic Act or section 351                                       estimates that it will receive
                                                     with the entire IND and (2) to ensure                                     of the Public Health Service Act (42                                        approximately nine requests from
                                                     that pertinent information about the                                      U.S.C. 262) who requests special                                            approximately seven sponsors. The
                                                     request is entered into the appropriate                                   protocol assessment.                                                        hours per response is the estimated
                                                     tracking databases. Use of the                                               Burden Estimate: Table 1 provides an
                                                                                                                                                                                                           number of hours that a respondent
                                                     information in the Agency’s tracking                                      estimate of the annual reporting burden
                                                                                                                                                                                                           would spend preparing the information
                                                     databases enables the appropriate                                         for notifications for a carcinogenicity
                                                                                                                                                                                                           to be submitted with a request for
                                                     Agency official to monitor progress on                                    protocol and requests for a special
                                                                                                                                                                                                           special protocol assessment, including
                                                     the evaluation of the protocol and to                                     protocol assessment.
                                                                                                                                                                                                           the time it takes to gather and copy
                                                     ensure that appropriate steps will be                                        Notification for a Carcinogenicity
                                                                                                                                                                                                           questions to be posed to the Agency
                                                     taken in a timely manner.                                                 Protocol: Based on the number of
                                                                                                                                                                                                           regarding the protocol and data,
                                                        The guidance recommends that the                                       notifications for carcinogenicity
                                                                                                                                                                                                           assumptions, and information needed to
                                                     following information should be                                           protocols and the number of
                                                                                                                                                                                                           permit an adequate evaluation of the
                                                     submitted to the appropriate Center                                       carcinogenicity protocols currently
                                                                                                                                                                                                           protocol. Based on the Agency’s
                                                     with each request for special protocol                                    submitted to CDER and CBER, CDER
                                                                                                                                                                                                           experience with these submissions, FDA
                                                     assessment so that the Center may                                         estimates that it will receive
                                                                                                                                                                                                           estimates approximately 15 hours on
                                                     quickly and efficiently respond to the                                    approximately 52 notifications of an
                                                                                                                                                                                                           average would be needed per response.
                                                     request:                                                                  intent to request special protocol
                                                        • Questions to the Agency concerning                                   assessment of a carcinogenicity protocol                                      In the Federal Register of November
                                                     specific issues regarding the protocol;                                   per year from approximately 28                                              18, 2016 (81 FR 81776), we published a
                                                     and                                                                       sponsors. CBER estimates that it will                                       60-day notice requesting public
                                                        • All data, assumptions, and                                           receive approximately one notification                                      comment on the proposed extension of
                                                     information needed to permit an                                           of an intent to request special protocol                                    this collection of information. No
                                                     adequate evaluation of the protocol,                                      assessment of a carcinogenicity protocol                                    comments were received in response to
                                                     including: (1) The role of the study in                                   per year from approximately one                                             the notice.
                                                     the overall development of the drug; (2)                                  sponsor. The hours per response, which                                        FDA estimates the burden of this
                                                     information supporting the proposed                                       is the estimated number of hours that a                                     collection as follows:

                                                                                                                  TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                              Number of
                                                                                                                                                   Number of                                            Total annual                 Hours per
                                                                          Information collection activity                                                                   responses per                                                                    Total hours
                                                                                                                                                  respondents                                            responses                   response
                                                                                                                                                                              respondent

                                                     Notification for Carcinogenicity Protocols ............................                                        29                         1.8                        53                           8              424
                                                     Requests for Special Protocol Assessment ........................                                             119                         1.8                       220                          15            3,300

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................          3,724
                                                        1 There   are no capital costs or operating and maintenance costs associated with this collection.


                                                       Dated: March 9, 2017.
                                                     Leslie Kux,
                                                     Associate Commissioner for Policy.
                                                     [FR Doc. 2017–05098 Filed 3–14–17; 8:45 am]
                                                     BILLING CODE 4164–01–P
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Document Created: 2017-03-15 06:04:35
Document Modified: 2017-03-15 06:04:35
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.
DatesFax written comments on the collection of information by April 14, 2017.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation82 FR 13820 

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