82_FR_4354 82 FR 4345 - Nonproprietary Naming of Biological Products; Guidance for Industry; Availability

82 FR 4345 - Nonproprietary Naming of Biological Products; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4345-4348
FR Document2017-00694

The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled ``Nonproprietary Naming of Biological Products.'' The guidance describes our current thinking on the need for biological products previously and newly licensed under the Public Health Service Act (PHS Act) to bear nonproprietary names that include FDA-designated suffixes. Accordingly, we intend to designate nonproprietary names for originator biological products, related biological products, or biosimilar products which will include a core name and a distinguishing suffix that is devoid of meaning and composed of four lowercase letters. This guidance finalizes the draft guidance issued on August 28, 2015. FDA is also 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.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4345-4348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00694]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-1543]


Nonproprietary Naming of Biological Products; Guidance for 
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a guidance for industry entitled ``Nonproprietary 
Naming of Biological Products.'' The guidance describes our current 
thinking on the need for biological products previously and newly 
licensed under the Public Health Service Act (PHS Act) to bear 
nonproprietary names that include FDA-designated suffixes. Accordingly, 
we intend to designate nonproprietary names for originator biological 
products, related biological products, or biosimilar products which 
will include a core name and a distinguishing suffix that is devoid of 
meaning and composed of four lowercase letters. This guidance finalizes 
the draft guidance issued on August 28, 2015.
    FDA is also 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.

DATES: Submit either electronic or written comments on Agency guidances 
at any time. Submit written comments on the collection of information 
by February 13, 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--New and 
title ``Nonproprietary Naming of Biological Products.'' Also include 
the FDA docket number found in brackets in the heading of this 
document.
    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-2013-D-1543 for ``Nonproprietary Naming of Biological Products.'' 
Received comments 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

[[Page 4346]]

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 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: 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 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.
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002, or 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 that office in processing 
your requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Regarding the guidance: 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. 
Regarding the information collection: 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: 

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Nonproprietary Naming of Biological Products.'' The guidance 
describes our current thinking on the need for biological products 
licensed under section 351(a) and (k) of the PHS Act (42 U.S.C. 262(a) 
and (k)) to bear a nonproprietary name that includes an FDA-designated 
suffix. Under this naming convention, the nonproprietary name 
designated for each originator biological product, related biological 
product, and biosimilar product will be a proper name that is a 
combination of the core name and a distinguishing suffix that is devoid 
of meaning and composed of four lowercase letters. The suffix format 
described in this guidance is applicable to originator biological 
products, related biological products, and biosimilar products 
previously licensed and newly licensed under section 351(a) or 351(k) 
of the PHS Act. FDA is continuing to consider the appropriate suffix 
format for interchangeable biological products.
    This naming convention will facilitate pharmacovigilance for 
originator biological products, related biological products, and 
biosimilar products containing related drug substances when other means 
to track a specific dispensed product are not readily accessible or 
available. Distinguishable nonproprietary names will also facilitate 
accurate identification of these biological products by health care 
practitioners and patients. Further, distinguishing suffixes should 
help minimize inadvertent substitution of any such products that have 
not been determined to be interchangeable. Application of the naming 
convention to biological products licensed under the PHS Act should (1) 
encourage routine use of designated suffixes in ordering, prescribing, 
dispensing, recordkeeping, and pharmacovigilance practices and (2) 
avoid inaccurate perceptions of the safety and effectiveness of 
biological products based on their licensure pathway, as described in 
detail in the guidance.
    The guidance provides information to industry, the health care 
community, other regulatory agencies, and the public on FDA's rationale 
for this naming convention. The guidance is also intended to assist 
applicants and application holders in proposing the suffix to be 
incorporated into an originator biological product, related biological 
product, or biosimilar product's nonproprietary name.
    In the Federal Register of August 28, 2015 (80 FR 52296), FDA 
announced the availability of the draft guidance of the same title. FDA 
received numerous comments on the draft guidance, and those comments 
were considered as the guidance was finalized. In the notice announcing 
the draft guidance, FDA asked about the benefits and challenges of 
designating (1) a suffix that is devoid of meaning versus meaningful 
(e.g., derived from the name of the license holder) and (2) a suffix 
that is unique to each biological product versus shared by each 
biological product manufactured by that license holder. FDA determined 
that the suffix format that best achieves the goals described in the 
guidance is a suffix that is devoid of meaning and not shared by each 
biological product manufactured by that license holder.
    FDA intends to apply a naming convention to interchangeable 
products that will feature a core name and a suffix included in the 
proper name; however, FDA is continuing to consider the appropriate 
format of the suffix for these products.
    This guidance also will apply to those biological products that are 
approved under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) 
on or before March 23, 2020, when such products are deemed to be 
licensed under section 351 of the PHS Act on March 23, 2020 (section 
7002(e)(2) through (e)(4) of the Biologics Price Competition and 
Innovation Act of 2009 (BPCI Act)). FDA intends to provide additional 
guidance regarding administrative issues associated with the transition 
(including the process for implementing the naming convention described 
in this guidance).
    For the purposes of the guidance, unless otherwise specified, 
references to biological products include biological products licensed 
under the PHS Act, such as therapeutic protein products, vaccines, 
allergenic products, and blood derivatives, and do not include certain 
biological products that also meet the definition of a device in 
section 201(h) of the FD&C Act (21 U.S.C. 321(h)), such as in vitro 
reagents (e.g., antibody to hepatitis B surface antigen, blood grouping 
reagents, hepatitis C virus encoded antigen) and blood donor screening 
tests (e.g., HIV and hepatitis C). Also, for the purposes of the

[[Page 4347]]

guidance, unless otherwise specified, references to biological products 
do not include products for which a proper name is provided in the 
regulations (e.g., 21 CFR part 640) or to certain categories of 
biological products for which there are well-established, robust 
identification and tracking systems to ensure safe dispensing practices 
and optimal pharmacovigilance (e.g., ISBT 128 for cord blood products 
and blood components).
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on nonproprietary naming of biological 
products. 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.
    In compliance with 44 U.S.C. 3507, FDA has submitted the following 
proposed collection of information to OMB for review and clearance.

II. Paperwork Reduction Act of 1995, Nonproprietary Naming of 
Biological Products, OMB Control Number 0910--New

    The guidance describes FDA's current thinking on the need for 
biological products licensed under the PHS Act to bear a nonproprietary 
name that includes an FDA-designated suffix. There is a need to clearly 
identify biological products to facilitate pharmacovigilance and safe 
use. Accordingly, for originator biological products, related 
biological products, or biosimilar products licensed under the PHS Act, 
FDA intends to designate a nonproprietary name that includes a core 
name and a distinguishing suffix. This naming convention is applicable 
to biological products previously licensed and newly licensed under 
section 351(a) or 351(k) of the PHS Act.
    The final guidance proposes a new collection of information by 
requesting that applicants and application holders propose a suffix 
composed of four lowercase letters for use as the suffix included in 
the proper name. The proper name is designated by FDA in the license 
for biological products licensed under the PHS Act. The suffix will be 
incorporated in the nonproprietary name of the product. The guidance 
recommends that applicants and application holders submit up to 10 
proposed suffixes, in the order of the applicant's preference. FDA also 
recommends including supporting analyses demonstrating that the 
proposed suffixes meet the factors described in the final guidance for 
FDA's consideration.
    As indicated in table 1, we estimate that we will receive a total 
of approximately 40 requests annually for the proposed proper name for 
biological products submitted under section 351(a) of the PHS Act and 
six requests annually for the proposed proper name for biological 
products submitted under section 351(k) of the PHS Act. The average 
burden per response (hours) is based on the Agency's experience with 
similar information collection requirements for applicants to create 
and submit suffix proposals to FDA.
    As noted, in the Federal Register of August 28, 2015, FDA published 
a 60-day notice requesting public comment on the proposed collection of 
information. Most comments supported FDA's proposal to designate a 
suffix. Many comments suggested that a meaningful, distinguishable 
suffix may help to improve pharmacovigilance, enhance safety, and 
facilitate identification between biological products. Some comments 
supported use of a random suffix to avoid creating an unfair advantage 
for specific manufacturers. Several comments stated that the current 
practices of FDA and non-FDA entities for identifying products is 
sufficient for the purpose of pharmacovigilance, and designation of a 
suffix is not needed. One comment stated that FDA's estimate of 6 hours 
to submit proposed suffixes is based only on the time needed to prepare 
the submission itself after the multiple suffixes have been selected. 
The comment further stated that because FDA suggests that each 
respondent submit three suggested suffixes for Agency consideration, 
the time needed to do an analysis of each suffix would exceed 720 hours 
per suffix (based on their own company experience) or 2,160 hours total 
for the three suffixes. The commenter subsequently submitted additional 
information to clarify how the estimates were calculated.
    Response: FDA's estimate of the annual reporting burden results 
from information that would be submitted to FDA by applicants in order 
to facilitate FDA's designation of a suffix as part of the proper name 
of a biological product. We estimated that sponsors would spend 2 hours 
completing the submission for each of the three suffixes, resulting in 
6 hours as the average burden. This estimate for submission of the 
requested information is based on the average number of responses per 
respondent and the average burden per response over a 3-year period. 
FDA understands that there is a certain amount of research and other 
costs that an applicant might encounter in analyzing any proposed name 
for a biological product. FDA also recognizes that the burden may be 
higher for some applicants and lower for other applicants based on a 
variety of factors specific to the applicant.
    The comment suggests that it will take 720 hours to complete an 
analysis and submission for each suffix. We have considered the 
information provided in support of this estimate and believe the 
estimate is likely too high. Our original estimate of 6 hours was based 
on the Agency's familiarity with the time it would take to make similar 
submissions to FDA. However, as identified by the comment, FDA's 
original estimate failed to adequately account for the time spent on 
creating proposed suffixes. We have reconsidered our original estimate 
as a result of the comment, and we have revised our estimate to account 
for the burden to create and submit up to 10 proposed suffixes to FDA 
for designation. As indicated in table 1, we estimate an average burden 
of approximately 420 hours to account for creating and submitting 
multiple proposed suffixes.
    FDA estimates the information collection burden as follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Information for the Proposed                  20               2              40             420          16,800
 Proper Name for Applicable
 Biological Products Submitted
 Under Section 351(a) of the PHS
 Act............................

[[Page 4348]]

 
Information for the Proposed                   3               2               6             420           2,520
 Proper Name for Applicable
 Biological Products Submitted
 Under Section 351(k) of the PHS
 Act............................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          19,320
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    This guidance also refers to previously approved collections of 
information found in FDA regulations. The collection of information 
related to the submission of a BLA under section 351(k) of the PHS Act 
(biosimilar products and interchangeable products) has been approved 
under OMB control number 0910-0719. The guidance also refers to a 
previously approved collection of information found in FDA regulations 
that is expected to change as a result of the guidance and the 
retrospective application of the naming convention. The collections of 
information in 21 CFR part 601 related to the submission of a biologics 
license application (BLA) and changes to an approved application have 
been approved under OMB control number 0910-0338. As a result of the 
guidance, the estimated number of additional responses for the annual 
burden for changes to an approved application under Sec.  601.12 would 
be increased by approximately 25 responses.
    FDA is issuing this final guidance subject to OMB approval of the 
collections of information. Before implementing the information 
collection provisions of the guidance, FDA will publish a notice in the 
Federal Register announcing OMB's decision to approve, modify, or 
disapprove the collections of information, including OMB control 
number(s) for newly approved collections.

III. Electronic Access

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

    Dated: January 10, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00694 Filed 1-12-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                            4345

                                                    II. Paperwork Reduction Act of 1995                       Dated: January 10, 2017.                             Electronic Submissions
                                                       This guidance contains collections of                Leslie Kux,                                              Submit electronic comments in the
                                                    information that are subject to review by               Associate Commissioner for Policy.                     following way:
                                                    the Office of Management and Budget                     [FR Doc. 2017–00723 Filed 1–12–17; 8:45 am]              • Federal eRulemaking Portal:
                                                    (OMB) under the Paperwork Reduction                     BILLING CODE 4164–01–P                                 https://www.regulations.gov. Follow the
                                                    Act (PRA) of 1995 (44 U.S.C. 3501–                                                                             instructions for submitting comments.
                                                    3520). Under the PRA, Federal Agencies                                                                         Comments submitted electronically,
                                                    must obtain approval from OMB for                       DEPARTMENT OF HEALTH AND                               including attachments, to https://
                                                    each collection of information they                     HUMAN SERVICES                                         www.regulations.gov will be posted to
                                                    conduct or sponsor. ‘‘Collection of                                                                            the docket unchanged. Because your
                                                                                                            Food and Drug Administration
                                                    information’’ is defined in 44 U.S.C.                                                                          comment will be made public, you are
                                                    3502(3) and 5 CFR 1320.3 and includes                   [Docket No. FDA–2013–D–1543]                           solely responsible for ensuring that your
                                                    Agency requests or requirements that                                                                           comment does not include any
                                                    members of the public submit reports,                   Nonproprietary Naming of Biological                    confidential information that you or a
                                                    keep records, or provide information to                 Products; Guidance for Industry;                       third party may not wish to be posted,
                                                    a third party. Section 3506(c)(2)(A) of                 Availability                                           such as medical information, your or
                                                    the PRA (44 U.S.C. 3506(c)(2)(A))                       AGENCY:    Food and Drug Administration,               anyone else’s Social Security number, or
                                                    requires Federal Agencies to provide a                  HHS.                                                   confidential business information, such
                                                    60-day notice in the Federal Register                   ACTION:   Notice of availability.                      as a manufacturing process. Please note
                                                    concerning each proposed collection of                                                                         that if you include your name, contact
                                                    information before submitting the                       SUMMARY:   The Food and Drug                           information, or other information that
                                                    collection to OMB for approval. To                      Administration (FDA or Agency) is                      identifies you in the body of your
                                                    comply with this requirement, in the                    announcing the availability of a                       comments, that information will be
                                                    Federal Register of February 19, 2015,                  guidance for industry entitled                         posted on https://www.regulations.gov.
                                                    we gave interested persons 60 days to                   ‘‘Nonproprietary Naming of Biological                    • If you want to submit a comment
                                                    comment on the information collection                   Products.’’ The guidance describes our                 with confidential information that you
                                                    provisions in the draft guidance (80 FR                 current thinking on the need for                       do not wish to be made available to the
                                                    8884 at 8885).                                          biological products previously and                     public, submit the comment as a
                                                       After publishing the 60-day notice                   newly licensed under the Public Health                 written/paper submission and in the
                                                    requesting public comment, section                      Service Act (PHS Act) to bear                          manner detailed (see ‘‘Written/Paper
                                                    3507 of the PRA (44 U.S.C. 3507)                        nonproprietary names that include                      Submissions’’ and ‘‘Instructions’’).
                                                    requires Federal Agencies to submit the                 FDA-designated suffixes. Accordingly,
                                                                                                            we intend to designate nonproprietary                  Written/Paper Submissions
                                                    proposed collection to OMB for review
                                                    and clearance. In compliance with 44                    names for originator biological products,                 Submit written/paper submissions as
                                                    U.S.C. 3507, we will be submitting a                    related biological products, or                        follows:
                                                    proposed collection of information to                   biosimilar products which will include                    • Mail/Hand delivery/Courier (for
                                                    OMB for review and clearance. FDA is                    a core name and a distinguishing suffix                written/paper submissions): Division of
                                                    issuing this guidance as final with                     that is devoid of meaning and composed                 Dockets Management (HFA–305), Food
                                                    portions of it subject to OMB approval                  of four lowercase letters. This guidance               and Drug Administration, 5630 Fishers
                                                    of the collection of information and                    finalizes the draft guidance issued on                 Lane, Rm. 1061, Rockville, MD 20852.
                                                    shaded gray. Those provisions that are                  August 28, 2015.                                          • For written/paper comments
                                                    shaded gray and subject to OMB                             FDA is also announcing that a                       submitted to the Division of Dockets
                                                    approval will be final if the collection                proposed collection of information has                 Management, FDA will post your
                                                    of information is approved. If the                      been submitted to the Office of                        comment, as well as any attachments,
                                                    collection is approved, FDA will                        Management and Budget (OMB) for                        except for information submitted,
                                                    publish a notice in the Federal Register                review and clearance under the                         marked and identified, as confidential,
                                                    concerning OMB approval and                             Paperwork Reduction Act of 1995.                       if submitted as detailed in
                                                    providing an OMB control number for                     DATES: Submit either electronic or                     ‘‘Instructions.’’
                                                    these provisions.                                       written comments on Agency guidances                      Instructions: All submissions received
                                                       The guidance also references                         at any time. Submit written comments                   must include the Docket No. FDA–
                                                    registration and adverse event reporting                on the collection of information by                    2013–D–1543 for ‘‘Nonproprietary
                                                    for outsourcing facilities. The                         February 13, 2017.                                     Naming of Biological Products.’’
                                                    collections of information for                          ADDRESSES: To ensure that comments on                  Received comments will be placed in
                                                    outsourcing facility registration have                  the information collection are received,               the docket and, except for those
                                                    been approved by OMB under OMB                          OMB recommends that written                            submitted as ‘‘Confidential
                                                    control number 0910–0777. The                           comments be faxed to the Office of                     Submissions,’’ publicly viewable at
                                                    collections of information for adverse                  Information and Regulatory Affairs,                    https://www.regulations.gov or at the
                                                    event reporting by outsourcing facilities               OMB, Attn: FDA Desk Officer, FAX:                      Division of Dockets Management
                                                    have been approved by OMB under                         202–395–7285, or emailed to oira_                      between 9 a.m. and 4 p.m., Monday
                                                                                                            submission@omb.eop.gov. All                            through Friday.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    OMB control number 0910–0800.
                                                                                                            comments should be identified with the                    • Confidential Submissions—To
                                                    III. Electronic Access                                                                                         submit a comment with confidential
                                                                                                            OMB control number 0910—New and
                                                      Persons with access to the Internet                   title ‘‘Nonproprietary Naming of                       information that you do not wish to be
                                                    can obtain the document at either http://               Biological Products.’’ Also include the                made publicly available, submit your
                                                    www.fda.gov/Drugs/Guidance                              FDA docket number found in brackets                    comments only as a written/paper
                                                    ComplianceRegulatoryInformation/                        in the heading of this document.                       submission. You should submit two
                                                    Guidances/default.htm or http://                           You may submit comments as                          copies total. One copy will include the
                                                    www.regulations.gov.                                    follows:                                               information you claim to be confidential


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                                                    4346                            Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                    with a heading or cover note that states                Hampshire Ave., Bldg. 71, Rm. 7301,                    public on FDA’s rationale for this
                                                    ‘‘THIS DOCUMENT CONTAINS                                Silver Spring, MD 20993–0002, 240–                     naming convention. The guidance is
                                                    CONFIDENTIAL INFORMATION.’’ The                         402–7911. Regarding the information                    also intended to assist applicants and
                                                    Agency will review this copy, including                 collection: FDA PRA Staff, Office of                   application holders in proposing the
                                                    the claimed confidential information, in                Operations, Food and Drug                              suffix to be incorporated into an
                                                    its consideration of comments. The                      Administration, Three White Flint                      originator biological product, related
                                                    second copy, which will have the                        North, 10A63, 11601 Landsdown St.,                     biological product, or biosimilar
                                                    claimed confidential information                        North Bethesda, MD 20852, PRAStaff@                    product’s nonproprietary name.
                                                    redacted/blacked out, will be available                 fda.hhs.gov.                                              In the Federal Register of August 28,
                                                    for public viewing and posted on                        SUPPLEMENTARY INFORMATION:                             2015 (80 FR 52296), FDA announced the
                                                    https://www.regulations.gov. Submit                                                                            availability of the draft guidance of the
                                                                                                            I. Background                                          same title. FDA received numerous
                                                    both copies to the Division of Dockets
                                                    Management. If you do not wish your                        FDA is announcing the availability of               comments on the draft guidance, and
                                                    name and contact information to be                      a guidance for industry entitled                       those comments were considered as the
                                                    made publicly available, you can                        ‘‘Nonproprietary Naming of Biological                  guidance was finalized. In the notice
                                                    provide this information on the cover                   Products.’’ The guidance describes our                 announcing the draft guidance, FDA
                                                    sheet and not in the body of your                       current thinking on the need for                       asked about the benefits and challenges
                                                    comments and you must identify this                     biological products licensed under                     of designating (1) a suffix that is devoid
                                                    information as ‘‘confidential.’’ Any                    section 351(a) and (k) of the PHS Act (42              of meaning versus meaningful (e.g.,
                                                    information marked as ‘‘confidential’’                  U.S.C. 262(a) and (k)) to bear a                       derived from the name of the license
                                                    will not be disclosed except in                         nonproprietary name that includes an                   holder) and (2) a suffix that is unique to
                                                    accordance with 21 CFR 10.20 and other                  FDA-designated suffix. Under this                      each biological product versus shared
                                                    applicable disclosure law. For more                     naming convention, the nonproprietary                  by each biological product
                                                    information about FDA’s posting of                      name designated for each originator                    manufactured by that license holder.
                                                    comments to public dockets, see 80 FR                   biological product, related biological                 FDA determined that the suffix format
                                                    56469, September 18, 2015, or access                    product, and biosimilar product will be                that best achieves the goals described in
                                                    the information at: http://www.fda.gov/                 a proper name that is a combination of                 the guidance is a suffix that is devoid of
                                                    regulatoryinformation/dockets/                          the core name and a distinguishing                     meaning and not shared by each
                                                    default.htm.                                            suffix that is devoid of meaning and                   biological product manufactured by that
                                                       Docket: For access to the docket to                  composed of four lowercase letters. The                license holder.
                                                    read background documents or the                        suffix format described in this guidance                  FDA intends to apply a naming
                                                    electronic and written/paper comments                   is applicable to originator biological                 convention to interchangeable products
                                                                                                            products, related biological products,                 that will feature a core name and a
                                                    received, go to https://
                                                                                                            and biosimilar products previously                     suffix included in the proper name;
                                                    www.regulations.gov and insert the
                                                                                                            licensed and newly licensed under                      however, FDA is continuing to consider
                                                    docket number, found in brackets in the
                                                                                                            section 351(a) or 351(k) of the PHS Act.               the appropriate format of the suffix for
                                                    heading of this document, into the
                                                                                                            FDA is continuing to consider the                      these products.
                                                    ‘‘Search’’ box and follow the prompts                                                                             This guidance also will apply to those
                                                    and/or go to the Division of Dockets                    appropriate suffix format for
                                                                                                            interchangeable biological products.                   biological products that are approved
                                                    Management, 5630 Fishers Lane, Rm.                                                                             under the Federal Food, Drug, and
                                                                                                               This naming convention will facilitate
                                                    1061, Rockville, MD 20852.                                                                                     Cosmetic Act (the FD&C Act) on or
                                                                                                            pharmacovigilance for originator
                                                       Submit written requests for single                                                                          before March 23, 2020, when such
                                                                                                            biological products, related biological
                                                    copies of this guidance to the Division                                                                        products are deemed to be licensed
                                                                                                            products, and biosimilar products
                                                    of Drug Information, Center for Drug                                                                           under section 351 of the PHS Act on
                                                                                                            containing related drug substances
                                                    Evaluation and Research, Food and                                                                              March 23, 2020 (section 7002(e)(2)
                                                                                                            when other means to track a specific
                                                    Drug Administration, 10001 New                          dispensed product are not readily                      through (e)(4) of the Biologics Price
                                                    Hampshire Ave., Hillandale Building,                    accessible or available. Distinguishable               Competition and Innovation Act of 2009
                                                    4th Floor, Silver Spring, MD 20993–                     nonproprietary names will also facilitate              (BPCI Act)). FDA intends to provide
                                                    0002, or the Office of Communication,                   accurate identification of these                       additional guidance regarding
                                                    Outreach and Development, Center for                    biological products by health care                     administrative issues associated with
                                                    Biologics Evaluation and Research                       practitioners and patients. Further,                   the transition (including the process for
                                                    (CBER), Food and Drug Administration,                   distinguishing suffixes should help                    implementing the naming convention
                                                    10903 New Hampshire Ave., Bldg. 71,                     minimize inadvertent substitution of                   described in this guidance).
                                                    Rm. 3128, Silver Spring, MD 20993–                      any such products that have not been                      For the purposes of the guidance,
                                                    0002. Send one self-addressed adhesive                  determined to be interchangeable.                      unless otherwise specified, references to
                                                    label to assist that office in processing               Application of the naming convention                   biological products include biological
                                                    your requests. See the SUPPLEMENTARY                    to biological products licensed under                  products licensed under the PHS Act,
                                                    INFORMATION section for electronic                      the PHS Act should (1) encourage                       such as therapeutic protein products,
                                                    access to the guidance document.                        routine use of designated suffixes in                  vaccines, allergenic products, and blood
                                                    FOR FURTHER INFORMATION CONTACT:                        ordering, prescribing, dispensing,                     derivatives, and do not include certain
                                                    Regarding the guidance: Sandra Benton,                                                                         biological products that also meet the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            recordkeeping, and pharmacovigilance
                                                    Center for Drug Evaluation and                          practices and (2) avoid inaccurate                     definition of a device in section 201(h)
                                                    Research, Food and Drug                                 perceptions of the safety and                          of the FD&C Act (21 U.S.C. 321(h)), such
                                                    Administration, 10903 New Hampshire                     effectiveness of biological products                   as in vitro reagents (e.g., antibody to
                                                    Ave., Bldg. 51, Rm. 6340, Silver Spring,                based on their licensure pathway, as                   hepatitis B surface antigen, blood
                                                    MD 20993–0002, 301–796–1042; or                         described in detail in the guidance.                   grouping reagents, hepatitis C virus
                                                    Stephen Ripley, Center for Biologics                       The guidance provides information to                encoded antigen) and blood donor
                                                    Evaluation and Research, Food and                       industry, the health care community,                   screening tests (e.g., HIV and hepatitis
                                                    Drug Administration, 10903 New                          other regulatory agencies, and the                     C). Also, for the purposes of the


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                                                                                             Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                                    4347

                                                    guidance, unless otherwise specified,                                  the license for biological products                    exceed 720 hours per suffix (based on
                                                    references to biological products do not                               licensed under the PHS Act. The suffix                 their own company experience) or 2,160
                                                    include products for which a proper                                    will be incorporated in the                            hours total for the three suffixes. The
                                                    name is provided in the regulations                                    nonproprietary name of the product.                    commenter subsequently submitted
                                                    (e.g., 21 CFR part 640) or to certain                                  The guidance recommends that                           additional information to clarify how
                                                    categories of biological products for                                  applicants and application holders                     the estimates were calculated.
                                                    which there are well-established, robust                               submit up to 10 proposed suffixes, in                     Response: FDA’s estimate of the
                                                    identification and tracking systems to                                 the order of the applicant’s preference.               annual reporting burden results from
                                                    ensure safe dispensing practices and                                   FDA also recommends including
                                                                                                                                                                                  information that would be submitted to
                                                    optimal pharmacovigilance (e.g., ISBT                                  supporting analyses demonstrating that
                                                                                                                                                                                  FDA by applicants in order to facilitate
                                                    128 for cord blood products and blood                                  the proposed suffixes meet the factors
                                                                                                                                                                                  FDA’s designation of a suffix as part of
                                                    components).                                                           described in the final guidance for
                                                       This guidance is being issued                                                                                              the proper name of a biological product.
                                                                                                                           FDA’s consideration.
                                                    consistent with FDA’s good guidance                                       As indicated in table 1, we estimate                We estimated that sponsors would
                                                    practices regulation (21 CFR 10.115).                                  that we will receive a total of                        spend 2 hours completing the
                                                    The guidance represents the current                                    approximately 40 requests annually for                 submission for each of the three
                                                    thinking of FDA on nonproprietary                                      the proposed proper name for biological                suffixes, resulting in 6 hours as the
                                                    naming of biological products. It does                                 products submitted under section 351(a)                average burden. This estimate for
                                                    not establish any rights for any person                                of the PHS Act and six requests                        submission of the requested information
                                                    and is not binding on FDA or the public.                               annually for the proposed proper name                  is based on the average number of
                                                    You can use an alternative approach if                                 for biological products submitted under                responses per respondent and the
                                                    it satisfies the requirements of the                                   section 351(k) of the PHS Act. The                     average burden per response over a 3-
                                                    applicable statutes and regulations.                                   average burden per response (hours) is                 year period. FDA understands that there
                                                       In compliance with 44 U.S.C. 3507,                                  based on the Agency’s experience with                  is a certain amount of research and
                                                    FDA has submitted the following                                        similar information collection                         other costs that an applicant might
                                                    proposed collection of information to                                  requirements for applicants to create                  encounter in analyzing any proposed
                                                    OMB for review and clearance.                                          and submit suffix proposals to FDA.                    name for a biological product. FDA also
                                                                                                                              As noted, in the Federal Register of                recognizes that the burden may be
                                                    II. Paperwork Reduction Act of 1995,
                                                                                                                           August 28, 2015, FDA published a 60-                   higher for some applicants and lower for
                                                    Nonproprietary Naming of Biological
                                                                                                                           day notice requesting public comment                   other applicants based on a variety of
                                                    Products, OMB Control Number 0910—
                                                                                                                           on the proposed collection of                          factors specific to the applicant.
                                                    New
                                                                                                                           information. Most comments supported                      The comment suggests that it will take
                                                       The guidance describes FDA’s current                                FDA’s proposal to designate a suffix.                  720 hours to complete an analysis and
                                                    thinking on the need for biological                                    Many comments suggested that a
                                                    products licensed under the PHS Act to                                                                                        submission for each suffix. We have
                                                                                                                           meaningful, distinguishable suffix may                 considered the information provided in
                                                    bear a nonproprietary name that                                        help to improve pharmacovigilance,
                                                    includes an FDA-designated suffix.                                                                                            support of this estimate and believe the
                                                                                                                           enhance safety, and facilitate
                                                    There is a need to clearly identify                                                                                           estimate is likely too high. Our original
                                                                                                                           identification between biological
                                                    biological products to facilitate                                                                                             estimate of 6 hours was based on the
                                                                                                                           products. Some comments supported
                                                    pharmacovigilance and safe use.                                                                                               Agency’s familiarity with the time it
                                                                                                                           use of a random suffix to avoid creating
                                                    Accordingly, for originator biological                                                                                        would take to make similar submissions
                                                                                                                           an unfair advantage for specific
                                                    products, related biological products, or                                                                                     to FDA. However, as identified by the
                                                                                                                           manufacturers. Several comments stated
                                                    biosimilar products licensed under the                                                                                        comment, FDA’s original estimate failed
                                                                                                                           that the current practices of FDA and
                                                    PHS Act, FDA intends to designate a                                                                                           to adequately account for the time spent
                                                                                                                           non-FDA entities for identifying
                                                    nonproprietary name that includes a                                    products is sufficient for the purpose of              on creating proposed suffixes. We have
                                                    core name and a distinguishing suffix.                                 pharmacovigilance, and designation of a                reconsidered our original estimate as a
                                                    This naming convention is applicable to                                suffix is not needed. One comment                      result of the comment, and we have
                                                    biological products previously licensed                                stated that FDA’s estimate of 6 hours to               revised our estimate to account for the
                                                    and newly licensed under section 351(a)                                submit proposed suffixes is based only                 burden to create and submit up to 10
                                                    or 351(k) of the PHS Act.                                              on the time needed to prepare the                      proposed suffixes to FDA for
                                                       The final guidance proposes a new                                   submission itself after the multiple                   designation. As indicated in table 1, we
                                                    collection of information by requesting                                suffixes have been selected. The                       estimate an average burden of
                                                    that applicants and application holders                                comment further stated that because                    approximately 420 hours to account for
                                                    propose a suffix composed of four                                      FDA suggests that each respondent                      creating and submitting multiple
                                                    lowercase letters for use as the suffix                                submit three suggested suffixes for                    proposed suffixes.
                                                    included in the proper name. The                                       Agency consideration, the time needed                     FDA estimates the information
                                                    proper name is designated by FDA in                                    to do an analysis of each suffix would                 collection burden as follows:

                                                                                                               TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                               Number of                             Average
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                             Number of                          Total annual
                                                                                         Activity                                                            responses per                         burden per    Total hours
                                                                                                                                            respondents                          responses
                                                                                                                                                               respondent                           response

                                                    Information for the Proposed Proper Name for Applicable
                                                       Biological Products Submitted Under Section 351(a) of
                                                       the PHS Act ......................................................................               20                 2                40             420         16,800




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                                                    4348                                       Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                                                                      TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued
                                                                                                                                                                               Number of                                                Average
                                                                                                                                                    Number of                                            Total annual
                                                                                           Activity                                                                          responses per                                            burden per              Total hours
                                                                                                                                                   respondents                                            responses
                                                                                                                                                                               respondent                                              response

                                                    Information for the Proposed Proper Name for Applicable
                                                       Biological Products Submitted Under Section 351(k) of
                                                       the PHS Act ......................................................................                              3                           2                          6                     420              2,520

                                                          Total ..............................................................................    ........................   ........................   ........................   ........................         19,320
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                       This guidance also refers to                                            DEPARTMENT OF HEALTH AND                                                       • Federal eRulemaking Portal: http://
                                                    previously approved collections of                                         HUMAN SERVICES                                                               www.regulations.gov. Follow the
                                                    information found in FDA regulations.                                                                                                                   instructions for submitting comments.
                                                    The collection of information related to                                   Food and Drug Administration                                                 Comments submitted electronically,
                                                    the submission of a BLA under section                                                                                                                   including attachments, to http://
                                                                                                                               [Docket No. FDA–2016–N–3389]
                                                    351(k) of the PHS Act (biosimilar                                                                                                                       www.regulations.gov will be posted to
                                                    products and interchangeable products)                                     Evaluation of the Beneficial                                                 the docket unchanged. Because your
                                                    has been approved under OMB control                                        Physiological Effects of Isolated or                                         comment will be made public, you are
                                                    number 0910–0719. The guidance also                                        Synthetic Non-Digestible                                                     solely responsible for ensuring that your
                                                    refers to a previously approved                                            Carbohydrates; Request For Scientific                                        comment does not include any
                                                    collection of information found in FDA                                     Data, Information, and Comments;                                             confidential information that you or a
                                                    regulations that is expected to change as                                  Reopening of Comment Period                                                  third party may not wish to be posted,
                                                    a result of the guidance and the                                                                                                                        such as medical information, your or
                                                    retrospective application of the naming                                    AGENCY:           Food and Drug Administration,                              anyone else’s Social Security number, or
                                                    convention. The collections of                                             HHS.                                                                         confidential business information, such
                                                    information in 21 CFR part 601 related                                     ACTION:       Notice; reopening of comment                                   as a manufacturing process. Please note
                                                    to the submission of a biologics license                                   period.                                                                      that if you include your name, contact
                                                    application (BLA) and changes to an                                                                                                                     information, or other information that
                                                    approved application have been                                             SUMMARY:    The Food and Drug                                                identifies you in the body of your
                                                    approved under OMB control number                                          Administration (FDA or we) is                                                comments, that information will be
                                                    0910–0338. As a result of the guidance,                                    reopening the comment period for the                                         posted on http://www.regulations.gov.
                                                                                                                               document requesting scientific data,                                           • If you want to submit a comment
                                                    the estimated number of additional
                                                                                                                               information, and comments entitled                                           with confidential information that you
                                                    responses for the annual burden for                                                                                                                     do not wish to be made available to the
                                                                                                                               ‘‘Evaluation of the Beneficial
                                                    changes to an approved application                                                                                                                      public, submit the comment as a
                                                                                                                               Physiological Effects of Isolated or
                                                    under § 601.12 would be increased by                                                                                                                    written/paper submission and in the
                                                                                                                               Synthetic Non-Digestible
                                                    approximately 25 responses.                                                                                                                             manner detailed (see ‘‘Written/Paper
                                                                                                                               Carbohydrates’’ that appeared in the
                                                       FDA is issuing this final guidance                                      Federal Register of November 23, 2016                                        Submissions’’ and ‘‘Instructions’’).
                                                    subject to OMB approval of the                                             (81 FR 84595). In the document, we                                           Written/Paper Submissions
                                                    collections of information. Before                                         requested scientific data, information,
                                                    implementing the information                                               and comments to help us determine                                               Submit written/paper submissions as
                                                    collection provisions of the guidance,                                     whether a particular isolated or                                             follows:
                                                    FDA will publish a notice in the Federal                                   synthetic non-digestible carbohydrate                                           • Mail/Hand delivery/Courier (for
                                                    Register announcing OMB’s decision to                                                                                                                   written/paper submissions): Division of
                                                                                                                               should be added to our definition of
                                                    approve, modify, or disapprove the                                                                                                                      Dockets Management (HFA–305), Food
                                                                                                                               ‘‘dietary fiber’’ for purposes of being
                                                    collections of information, including                                                                                                                   and Drug Administration, 5630 Fishers
                                                                                                                               declared as dietary fiber on a Nutrition
                                                    OMB control number(s) for newly                                                                                                                         Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                               Facts or Supplement Facts label. We                                             • For written/paper comments
                                                    approved collections.                                                      also announced in the document the                                           submitted to the Division of Dockets
                                                                                                                               availability for comment of a scientific                                     Management, FDA will post your
                                                    III. Electronic Access
                                                                                                                               literature review document that we                                           comment, as well as any attachments,
                                                      Persons with access to the Internet                                      conducted that summarizes clinical                                           except for information submitted,
                                                    may obtain the guidance at http://www.                                     studies associated with 26 specific                                          marked and identified, as confidential,
                                                    fda.gov/Drugs/GuidanceCompliance                                           isolated or synthetic non-digestible                                         if submitted as detailed in
                                                    RegulatoryInformation/Guidances/                                           carbohydrates. We are taking this action                                     ‘‘Instructions.’’
                                                    default.htm, http://www.fda.gov/                                           in response to requests to allow                                                Instructions: All submissions received
                                                    BiologicsBloodVaccines/Guidance                                            interested persons additional time to                                        must include the Docket No. FDA–
                                                    ComplianceRegulatoryInformation/                                           submit comments.                                                             2016–N–3389 for ‘‘Evaluation of the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Guidances/default.htm, or https://                                         DATES: Submit either electronic or                                           Beneficial Physiological Effects of
                                                    www.regulations.gov.                                                       written comments by February 13, 2017.                                       Isolated or Synthetic Non-Digestible
                                                      Dated: January 10, 2017.                                                 ADDRESSES: You may submit comments                                           Carbohydrates; Request for Scientific
                                                                                                                               as follows:                                                                  Data, Information, and Comments.’’
                                                    Leslie Kux,
                                                                                                                                                                                                            Received comments will be placed in
                                                    Associate Commissioner for Policy.                                         Electronic Submissions                                                       the docket and, except for those
                                                    [FR Doc. 2017–00694 Filed 1–12–17; 8:45 am]                                  Submit electronic comments in the                                          submitted as ‘‘Confidential
                                                    BILLING CODE 4164–01–P                                                     following way:                                                               Submissions,’’ publicly viewable at


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Document Created: 2017-01-13 02:45:31
Document Modified: 2017-01-13 02:45:31
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. Submit written comments on the collection of information by February 13, 2017.
ContactRegarding the guidance: 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. Regarding the information collection: FDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, P[email protected]
FR Citation82 FR 4345 

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