82_FR_4360 82 FR 4351 - How To Prepare a Pre-Request for Designation; Draft Guidance for Industry; Availability

82 FR 4351 - How To Prepare a Pre-Request for Designation; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

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

Page Range4351-4353
FR Document2017-00629

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``How to Prepare a Pre-Request for Designation (Pre-RFD).'' The purpose of this guidance is to explain the Pre-RFD process at the FDA Office of Combination Products (OCP), describe and help a sponsor understand the type of information that the sponsor should include in a Pre-RFD, and assist sponsors in obtaining a preliminary assessment from FDA through the Pre-RFD process. The Pre-RFD process is available to provide informal, non-binding feedback regarding the regulatory identity or classification of a human medical product as a drug, device, biological product, or combination product. In addition, this informal process provides information about a non-combination or combination product's assignment to the appropriate Agency Center (Center for Drug Evaluation and Research (CDER), Center for Devices and Radiological Health (CDRH), or Center for Biologics Evaluation and Research (CBER)) for premarket review and regulation. This draft guidance is not final nor is it in effect at this time.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4351-4353]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00629]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-0040]


How To Prepare a Pre-Request for Designation; Draft Guidance for 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the availability of a draft guidance for industry entitled ``How to 
Prepare a Pre-Request for Designation (Pre-RFD).'' The purpose of this 
guidance is to explain the Pre-RFD process at the FDA Office of 
Combination Products (OCP), describe and help a sponsor understand the 
type of information that the sponsor should include in a Pre-RFD, and 
assist sponsors in obtaining a preliminary assessment from FDA through 
the Pre-RFD process. The Pre-RFD process is available to provide 
informal, non-binding feedback regarding the regulatory identity or 
classification of a human medical product as a drug, device, biological 
product, or combination product. In addition, this informal process 
provides information about a non-combination or combination product's 
assignment to the appropriate Agency Center (Center for Drug Evaluation 
and Research (CDER), Center for Devices and Radiological Health (CDRH), 
or Center for Biologics Evaluation and Research (CBER)) for premarket 
review and regulation. This draft guidance is not final nor is it in 
effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment of this 
draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by April 13, 2017. Submit either written or electronic 
comments on this collection of information by March 14, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2017-D-0040 for ``How to Prepare a Pre-Request for Designation 
(Pre-RFD); Draft Guidance for Industry.'' Received comments will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at http://www.regulations.gov or at 
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit comments on information collection issues to the Office of 
Management and Budget in the following ways:
     Fax to the Office of Information and Regulatory Affairs, 
OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or email to 
[email protected]. All comments should be identified with the 
title, ``How to Prepare a Pre-Request for Designation (Pre-RFD); Draft 
Guidance for Industry.''
    Submit written requests for single copies of the draft guidance 
document entitled ``How to Prepare a Pre-Request for Designation (Pre-
RFD)'' to the Office of Combination Products, Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129, Silver 
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist 
that office in processing your request, or fax your request to 301-847-
8619. See the SUPPLEMENTARY

[[Page 4352]]

INFORMATION section for information on electronic access to the draft 
guidance.

FOR FURTHER INFORMATION CONTACT: Leigh Hayes, Office of Combination 
Products, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
32, Rm. 5129, Silver Spring, MD 20993-0002, or via email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Since its establishment on December 24, 2002, OCP has served as a 
resource for sponsors at various stages of development of their 
product. Sponsors often seek OCP feedback on whether their medical 
product will be regulated as a drug, a device, a biologic, or a 
combination product, and which FDA medical product Center (CDER, CBER, 
or CDRH) will regulate it, if it is a non-combination product, or will 
have the primary jurisdiction for the premarket review and regulation 
of the product, if it is a combination product.
    There are two ways that a sponsor can receive such feedback from 
OCP. One option is to submit an RFD to receive a formal, binding 
determination for the sponsor's product with respect to classification 
and/or center assignment that may be changed under conditions specified 
in section 563 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
360bbb-2) and 21 CFR 3.9 in the regulations. The RFD process is 
codified in 21 CFR part 3, and OCP has issued a guidance about this 
process (see ``How to Write a Request for Designation'' at http://www.fda.gov/RegulatoryInformation/Guidances/ucm126053.htm). A second 
more flexible option is for a sponsor to submit an inquiry to OCP to 
receive a preliminary jurisdictional assessment, which is not binding.
    Many sponsors seek to utilize the flexibility of more approachable 
ways to interact with OCP and the medical product Agency Centers to 
obtain feedback from the Agency before submitting a marketing 
application to FDA. Over time, these informal methods of obtaining 
feedback have become increasingly customary with sponsors, and for 
some, even preferable to the formal RFD process. Accordingly, FDA is 
enhancing the transparency and consistency of this process, which will 
now be called the ``Pre-Request for Designation (Pre-RFD) Program.''
    This draft guidance describes this structured process with clear 
recommendations for sponsors wishing to submit Pre-RFDs. It also 
provides the process for review of Pre-RFDs by FDA staff, the general 
timeframes for sponsors to receive feedback from OCP, and the process 
for scheduling teleconferences and meetings in relation to a Pre-RFD.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on how to prepare 
a Pre-RFD. 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.

III. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act (the PRA) (44 U.S.C. 3501-3502), 
Federal Agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct or 
sponsor. ``Collection of information'' is defined in 44 U.S.C. 3502(3) 
and 5 CFR 1320.3(c) and includes Agency requests or requirements that 
members of the public submit reports, keep records, or provide 
information to a third party. Section 3506(c)(2)(A) of the PRA (44 
U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information before submitting the collection to OMB for approval. To 
comply with this requirement, FDA is publishing notice of the proposed 
collection of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

Draft Guidance for Industry; How To Prepare a Pre-Request for 
Designation (Pre-RFD)

    This draft guidance describes how to prepare a Pre-RFD. The 
guidance provides recommendations regarding the information that should 
be submitted in a Pre-RFD request and procedures that should be 
followed for meetings or conference calls between OCP, the Centers, and 
industry representatives or sponsors.
    The proposed collections of information are necessary to allow the 
Agency to receive Pre-RFD requests in order to implement this voluntary 
submission program.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                                      Average
                                     Number of       Number of     Total  annual    burden per
            Activity                respondents   responses  per     responses     response  (in    Total hours
                                                     respondent                       hours)
----------------------------------------------------------------------------------------------------------------
Pre-RFD submissions.............             136               1             136              12           1,632
Pre-RFD meetings................             136               1             136               1             136
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,768
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Respondents are product sponsors and industry representatives 
subject to FDA's laws and regulations. FDA estimates that it will 
receive approximately 136 Pre-RFDs annually. The Agency reached this 
estimate through its experience with the formal Request for Designation 
(RFD) program, by reviewing the number of informal, pre-RFD inquiries 
from sponsors that the Agency received over the past 3 years. Based on 
FDA's experience with

[[Page 4353]]

these informal, Pre-RFD inquiries, FDA expects the proposed Pre-RFD 
program to be utilized as a viable program in the future and expects 
that the number of Pre-RFDs will increase initially to approximately 
180 submissions.
    FDA estimates from past experience with informal Pre-RFD inquiries 
that the complete process involved with preparing the Pre-RFD 
submission takes approximately 12 hours and an additional 1 hour for 
meetings.
    This average is based upon estimates by FDA administrative and 
technical staff who are familiar with the information collection 
relating to informal, Pre-RFD inquiries, who have consulted and advised 
sponsors and industry representatives on the information collection, 
and who have reviewed the documentation submitted.
    Therefore, the total reporting burden hours is estimated to be 
1,768 hours.

                                 Table 2--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                                 Total burden
                    Number of respondents                           hours         Hourly  wage      Total cost
                                                                  annualized          rate          annualized
----------------------------------------------------------------------------------------------------------------
136..........................................................              13           $33.26       $58,803.68
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Assuming an hourly wage plus benefit rate of $33.26,\1\ the result 
is a cost of $432.38 per respondent. The estimated submission cost of 
$432.38 multiplied by 136 submissions per year equals $58,803.68, which 
is the estimated aggregated industry reporting cost annualized.
---------------------------------------------------------------------------

    \1\ Wage is based on the 2015 Bureau of Labor Statistic's 
survey, National Industry Specific Occupational Employment and Wage 
Estimate, for standard occupational code 13-1041, compliance officer 
in pharmaceutical and medicine manufacturing (http://www.bls.gov/oes/current/oes131041.htm).
---------------------------------------------------------------------------

    This draft guidance also refers to previously approved information 
collections found in FDA regulations. The collections of information in 
21 CFR part 3 are approved under OMB control number 0910-0523.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at 
http://www.fda.gov/RegulatoryInformation/Guidances/ucm534661.htm.

    Dated: January 9, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00629 Filed 1-12-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                            4351

                                                    comment. In general, combination                        Submit either written or electronic                    made publicly available, submit your
                                                    product policy decisions reached by the                 comments on this collection of                         comments only as a written/paper
                                                    Council are communicated and                            information by March 14, 2017.                         submission. You should submit two
                                                    implemented in accordance with FDA’s                    ADDRESSES: You may submit comments                     copies total. One copy will include the
                                                    good guidance practices regulation (21                  as follows:                                            information you claim to be confidential
                                                    CFR 10.115) or notice and comment                                                                              with a heading or cover note that states
                                                    procedures.                                             Electronic Submissions                                 ‘‘THIS DOCUMENT CONTAINS
                                                      Dated: January 9, 2017.
                                                                                                              Submit electronic comments in the                    CONFIDENTIAL INFORMATION.’’ The
                                                                                                            following way:                                         Agency will review this copy, including
                                                    Leslie Kux,                                               • Federal eRulemaking Portal: http://                the claimed confidential information, in
                                                    Associate Commissioner for Policy.                      www.regulations.gov. Follow the                        its consideration of comments. The
                                                    [FR Doc. 2017–00646 Filed 1–12–17; 8:45 am]             instructions for submitting comments.                  second copy, which will have the
                                                    BILLING CODE 4164–01–P                                  Comments submitted electronically,                     claimed confidential information
                                                                                                            including attachments, to http://                      redacted/blacked out, will be available
                                                                                                            www.regulations.gov will be posted to                  for public viewing and posted on http://
                                                    DEPARTMENT OF HEALTH AND                                the docket unchanged. Because your                     www.regulations.gov. Submit both
                                                    HUMAN SERVICES                                          comment will be made public, you are                   copies to the Division of Dockets
                                                                                                            solely responsible for ensuring that your              Management. If you do not wish your
                                                    Food and Drug Administration
                                                                                                            comment does not include any                           name and contact information to be
                                                    [Docket No. FDA–2017–D–0040]                            confidential information that you or a                 made publicly available, you can
                                                                                                            third party may not wish to be posted,                 provide this information on the cover
                                                    How To Prepare a Pre-Request for                        such as medical information, your or                   sheet and not in the body of your
                                                    Designation; Draft Guidance for                         anyone else’s Social Security number, or               comments and you must identify this
                                                    Industry; Availability                                  confidential business information, such                information as ‘‘confidential.’’ Any
                                                    AGENCY:    Food and Drug Administration,                as a manufacturing process. Please note                information marked as ‘‘confidential’’
                                                    HHS.                                                    that if you include your name, contact                 will not be disclosed except in
                                                                                                            information, or other information that                 accordance with 21 CFR 10.20 and other
                                                    ACTION:   Notice of availability.                                                                              applicable disclosure law. For more
                                                                                                            identifies you in the body of your
                                                    SUMMARY:   The Food and Drug                            comments, that information will be                     information about FDA’s posting of
                                                    Administration (FDA or Agency) is                       posted on http://www.regulations.gov.                  comments to public dockets, see 80 FR
                                                    announcing the availability of a draft                    • If you want to submit a comment                    56469, September 18, 2015, or access
                                                    guidance for industry entitled ‘‘How to                 with confidential information that you                 the information at: http://www.fda.gov/
                                                    Prepare a Pre-Request for Designation                   do not wish to be made available to the                regulatoryinformation/dockets/
                                                    (Pre-RFD).’’ The purpose of this                        public, submit the comment as a                        default.htm.
                                                    guidance is to explain the Pre-RFD                      written/paper submission and in the                       Docket: For access to the docket to
                                                    process at the FDA Office of                            manner detailed (see ‘‘Written/Paper                   read background documents or the
                                                                                                            Submissions’’ and ‘‘Instructions’’).                   electronic and written/paper comments
                                                    Combination Products (OCP), describe
                                                                                                                                                                   received, go to http://
                                                    and help a sponsor understand the type                  Written/Paper Submissions                              www.regulations.gov and insert the
                                                    of information that the sponsor should
                                                                                                               Submit written/paper submissions as                 docket number, found in brackets in the
                                                    include in a Pre-RFD, and assist
                                                                                                            follows:                                               heading of this document, into the
                                                    sponsors in obtaining a preliminary                        • Mail/Hand delivery/Courier (for                   ‘‘Search’’ box and follow the prompts
                                                    assessment from FDA through the Pre-                    written/paper submissions): Division of                and/or go to the Division of Dockets
                                                    RFD process. The Pre-RFD process is                     Dockets Management (HFA–305), Food                     Management, 5630 Fishers Lane, Rm.
                                                    available to provide informal, non-                     and Drug Administration, 5630 Fishers                  1061, Rockville, MD 20852.
                                                    binding feedback regarding the                          Lane, Rm. 1061, Rockville, MD 20852.                      Submit comments on information
                                                    regulatory identity or classification of a                 • For written/paper comments                        collection issues to the Office of
                                                    human medical product as a drug,                        submitted to the Division of Dockets                   Management and Budget in the
                                                    device, biological product, or                          Management, FDA will post your                         following ways:
                                                    combination product. In addition, this                  comment, as well as any attachments,                      • Fax to the Office of Information and
                                                    informal process provides information                   except for information submitted,                      Regulatory Affairs, OMB, Attn: FDA
                                                    about a non-combination or                              marked and identified, as confidential,                Desk Officer, FAX: 202–395–7285, or
                                                    combination product’s assignment to                     if submitted as detailed in                            email to oira_submission@omb.eop.gov.
                                                    the appropriate Agency Center (Center                   ‘‘Instructions.’’                                      All comments should be identified with
                                                    for Drug Evaluation and Research                           Instructions: All submissions received              the title, ‘‘How to Prepare a Pre-Request
                                                    (CDER), Center for Devices and                          must include the Docket No. FDA–                       for Designation (Pre-RFD); Draft
                                                    Radiological Health (CDRH), or Center                   2017–D–0040 for ‘‘How to Prepare a Pre-                Guidance for Industry.’’
                                                    for Biologics Evaluation and Research                   Request for Designation (Pre-RFD); Draft                  Submit written requests for single
                                                    (CBER)) for premarket review and                        Guidance for Industry.’’ Received                      copies of the draft guidance document
                                                    regulation. This draft guidance is not                  comments will be placed in the docket                  entitled ‘‘How to Prepare a Pre-Request
                                                    final nor is it in effect at this time.                 and, except for those submitted as                     for Designation (Pre-RFD)’’ to the Office
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    DATES: Although you can comment on                      ‘‘Confidential Submissions,’’ publicly                 of Combination Products, Food and
                                                    any guidance at any time (see 21 CFR                    viewable at http://www.regulations.gov                 Drug Administration, 10903 New
                                                    10.115(g)(5)), to ensure that the Agency                or at the Division of Dockets                          Hampshire Ave., Bldg. 32, Rm. 5129,
                                                    considers your comment of this draft                    Management between 9 a.m. and 4 p.m.,                  Silver Spring, MD 20993–0002. Send
                                                    guidance before it begins work on the                   Monday through Friday.                                 one self-addressed adhesive label to
                                                    final version of the guidance, submit                      • Confidential Submissions—To                       assist that office in processing your
                                                    either electronic or written comments                   submit a comment with confidential                     request, or fax your request to 301–847–
                                                    on the draft guidance by April 13, 2017.                information that you do not wish to be                 8619. See the SUPPLEMENTARY


                                               VerDate Sep<11>2014   19:06 Jan 12, 2017   Jkt 241001   PO 00000   Frm 00073   Fmt 4703   Sfmt 4703   E:\FR\FM\13JAN1.SGM   13JAN1


                                                    4352                                       Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                    INFORMATION section for information on                                     product Agency Centers to obtain                                            U.S.C. 3506(c)(2)(A)) requires Federal
                                                    electronic access to the draft guidance.                                   feedback from the Agency before                                             Agencies to provide a 60-day notice in
                                                    FOR FURTHER INFORMATION CONTACT:                                           submitting a marketing application to                                       the Federal Register concerning each
                                                    Leigh Hayes, Office of Combination                                         FDA. Over time, these informal methods                                      proposed collection of information
                                                    Products, Food and Drug                                                    of obtaining feedback have become                                           before submitting the collection to OMB
                                                    Administration, 10903 New Hampshire                                        increasingly customary with sponsors,                                       for approval. To comply with this
                                                    Ave., Bldg. 32, Rm. 5129, Silver Spring,                                   and for some, even preferable to the                                        requirement, FDA is publishing notice
                                                    MD 20993–0002, or via email at                                             formal RFD process. Accordingly, FDA                                        of the proposed collection of
                                                    combination@fda.gov.                                                       is enhancing the transparency and                                           information set forth in this document.
                                                    SUPPLEMENTARY INFORMATION:                                                 consistency of this process, which will                                        With respect to the following
                                                                                                                               now be called the ‘‘Pre-Request for                                         collection of information, FDA invites
                                                    I. Background                                                              Designation (Pre-RFD) Program.’’                                            comments on these topics: (1) Whether
                                                       Since its establishment on December                                        This draft guidance describes this                                       the proposed collection of information
                                                    24, 2002, OCP has served as a resource                                     structured process with clear                                               is necessary for the proper performance
                                                    for sponsors at various stages of                                          recommendations for sponsors wishing                                        of FDA’s functions, including whether
                                                    development of their product. Sponsors                                     to submit Pre-RFDs. It also provides the                                    the information will have practical
                                                    often seek OCP feedback on whether                                         process for review of Pre-RFDs by FDA                                       utility; (2) the accuracy of FDA’s
                                                    their medical product will be regulated                                    staff, the general timeframes for                                           estimate of the burden of the proposed
                                                    as a drug, a device, a biologic, or a                                      sponsors to receive feedback from OCP,                                      collection of information, including the
                                                    combination product, and which FDA                                         and the process for scheduling                                              validity of the methodology and
                                                    medical product Center (CDER, CBER,                                        teleconferences and meetings in relation                                    assumptions used; (3) ways to enhance
                                                    or CDRH) will regulate it, if it is a non-                                 to a Pre-RFD.                                                               the quality, utility, and clarity of the
                                                    combination product, or will have the                                                                                                                  information to be collected; and (4)
                                                    primary jurisdiction for the premarket                                     II. Significance of Guidance
                                                                                                                                                                                                           ways to minimize the burden of the
                                                    review and regulation of the product, if                                      This draft guidance is being issued                                      collection of information on
                                                    it is a combination product.                                               consistent with FDA’s good guidance                                         respondents, including through the use
                                                       There are two ways that a sponsor can                                   practices regulation (21 CFR 10.115).                                       of automated collection techniques,
                                                    receive such feedback from OCP. One                                        The draft guidance, when finalized, will                                    when appropriate, and other forms of
                                                    option is to submit an RFD to receive a                                    represent the current thinking of FDA                                       information technology.
                                                    formal, binding determination for the                                      on how to prepare a Pre-RFD. It does not
                                                    sponsor’s product with respect to                                          establish any rights for any person and                                     Draft Guidance for Industry; How To
                                                    classification and/or center assignment                                    is not binding on FDA or the public.                                        Prepare a Pre-Request for Designation
                                                    that may be changed under conditions                                       You can use an alternative approach if                                      (Pre-RFD)
                                                    specified in section 563 of the Federal                                    it satisfies the requirements of the
                                                                                                                                                                                                             This draft guidance describes how to
                                                    Food, Drug, and Cosmetic Act (21 U.S.C.                                    applicable statutes and regulations.
                                                                                                                                                                                                           prepare a Pre-RFD. The guidance
                                                    360bbb–2) and 21 CFR 3.9 in the
                                                                                                                               III. Paperwork Reduction Act of 1995                                        provides recommendations regarding
                                                    regulations. The RFD process is codified
                                                                                                                                  Under the Paperwork Reduction Act                                        the information that should be
                                                    in 21 CFR part 3, and OCP has issued
                                                                                                                               (the PRA) (44 U.S.C. 3501–3502),                                            submitted in a Pre-RFD request and
                                                    a guidance about this process (see ‘‘How
                                                                                                                               Federal Agencies must obtain approval                                       procedures that should be followed for
                                                    to Write a Request for Designation’’ at
                                                                                                                               from the Office of Management and                                           meetings or conference calls between
                                                    http://www.fda.gov/Regulatory
                                                                                                                               Budget (OMB) for each collection of                                         OCP, the Centers, and industry
                                                    Information/Guidances/
                                                                                                                               information they conduct or sponsor.                                        representatives or sponsors.
                                                    ucm126053.htm). A second more
                                                    flexible option is for a sponsor to submit                                 ‘‘Collection of information’’ is defined                                      The proposed collections of
                                                    an inquiry to OCP to receive a                                             in 44 U.S.C. 3502(3) and 5 CFR                                              information are necessary to allow the
                                                    preliminary jurisdictional assessment,                                     1320.3(c) and includes Agency requests                                      Agency to receive Pre-RFD requests in
                                                    which is not binding.                                                      or requirements that members of the                                         order to implement this voluntary
                                                       Many sponsors seek to utilize the                                       public submit reports, keep records, or                                     submission program.
                                                    flexibility of more approachable ways to                                   provide information to a third party.                                         FDA estimates the burden of this
                                                    interact with OCP and the medical                                          Section 3506(c)(2)(A) of the PRA (44                                        collection of information as follows:

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

                                                    Pre-RFD submissions ..........................................................                                 136                           1                      136                           12            1,632
                                                    Pre-RFD meetings ...............................................................                               136                           1                      136                            1              136

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................          1,768
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                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Respondents are product sponsors                                         approximately 136 Pre-RFDs annually.                                        by reviewing the number of informal,
                                                    and industry representatives subject to                                    The Agency reached this estimate                                            pre-RFD inquiries from sponsors that
                                                    FDA’s laws and regulations. FDA                                            through its experience with the formal                                      the Agency received over the past 3
                                                    estimates that it will receive                                             Request for Designation (RFD) program,                                      years. Based on FDA’s experience with



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                                                                                                Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                                                        4353

                                                    these informal, Pre-RFD inquiries, FDA                                       complete process involved with                                            informal, Pre-RFD inquiries, who have
                                                    expects the proposed Pre-RFD program                                         preparing the Pre-RFD submission takes                                    consulted and advised sponsors and
                                                    to be utilized as a viable program in the                                    approximately 12 hours and an                                             industry representatives on the
                                                    future and expects that the number of                                        additional 1 hour for meetings.                                           information collection, and who have
                                                    Pre-RFDs will increase initially to                                            This average is based upon estimates                                    reviewed the documentation submitted.
                                                    approximately 180 submissions.                                               by FDA administrative and technical
                                                      FDA estimates from past experience                                         staff who are familiar with the                                             Therefore, the total reporting burden
                                                    with informal Pre-RFD inquiries that the                                     information collection relating to                                        hours is estimated to be 1,768 hours.

                                                                                                                    TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                          Total burden       Hourly     Total cost
                                                                                                          Number of respondents                                                                              hours          wage rate   annualized
                                                                                                                                                                                                           annualized

                                                    136 ...............................................................................................................................................       13             $33.26     $58,803.68
                                                       1 There     are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Assuming an hourly wage plus benefit                                       guidance for industry entitled ‘‘Multiple                                 third party may not wish to be posted,
                                                    rate of $33.26,1 the result is a cost of                                     Endpoints in Clinical Trials.’’ This draft                                such as medical information, your or
                                                    $432.38 per respondent. The estimated                                        guidance provides sponsors and review                                     anyone else’s Social Security number, or
                                                    submission cost of $432.38 multiplied                                        staff with the Agency’s thinking about                                    confidential business information, such
                                                    by 136 submissions per year equals                                           the problems posed by multiple                                            as a manufacturing process. Please note
                                                    $58,803.68, which is the estimated                                           endpoints in the analysis and                                             that if you include your name, contact
                                                    aggregated industry reporting cost                                           interpretation of study results and how                                   information, or other information that
                                                    annualized.                                                                  these problems can be managed in                                          identifies you in the body of your
                                                      This draft guidance also refers to                                         clinical trials for human drugs,                                          comments, that information will be
                                                    previously approved information                                              including drugs subject to licensing as                                   posted on http://www.regulations.gov.
                                                    collections found in FDA regulations.                                        biological products. Most clinical trials                                   • If you want to submit a comment
                                                    The collections of information in 21                                         performed in drug development contain                                     with confidential information that you
                                                    CFR part 3 are approved under OMB                                            multiple endpoints to assess the effects                                  do not wish to be made available to the
                                                    control number 0910–0523.                                                    of the drug and to document the ability                                   public, submit the comment as a
                                                                                                                                 of the drug to favorably affect one or                                    written/paper submission and in the
                                                    IV. Electronic Access
                                                                                                                                 more disease characteristics. The                                         manner detailed (see ‘‘Written/Paper
                                                      Persons with access to the Internet                                        purpose of this guidance is to describe                                   Submissions’’ and ‘‘Instructions’’).
                                                    may obtain the document at http://www.                                       various strategies for grouping and
                                                    fda.gov/RegulatoryInformation/                                                                                                                         Written/Paper Submissions
                                                                                                                                 ordering endpoints for analysis and
                                                    Guidances/ucm534661.htm.                                                     applying some well-recognized                                                Submit written/paper submissions as
                                                      Dated: January 9, 2017.                                                    statistical methods for managing                                          follows:
                                                                                                                                 multiplicity within a study to control                                       • Mail/Hand delivery/Courier (for
                                                    Leslie Kux,
                                                                                                                                 the chance of making erroneous                                            written/paper submissions): Division of
                                                    Associate Commissioner for Policy.
                                                                                                                                 conclusions about a drug’s effects.                                       Dockets Management (HFA–305), Food
                                                    [FR Doc. 2017–00629 Filed 1–12–17; 8:45 am]                                                                                                            and Drug Administration, 5630 Fishers
                                                                                                                                 DATES: Although you can comment on
                                                    BILLING CODE 4164–01–P                                                                                                                                 Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                                 any guidance at any time (see 21 CFR                                         • For written/paper comments
                                                                                                                                 10.115(g)(5)), to ensure that the Agency                                  submitted to the Division of Dockets
                                                    DEPARTMENT OF HEALTH AND                                                     considers your comment on this draft                                      Management, FDA will post your
                                                    HUMAN SERVICES                                                               guidance before it begins work on the                                     comment, as well as any attachments,
                                                                                                                                 final version of the guidance, submit                                     except for information submitted,
                                                    Food and Drug Administration                                                 either electronic or written comments                                     marked and identified, as confidential,
                                                    [Docket No. FDA–2016–D–4460]                                                 on the draft guidance by March 14,                                        if submitted as detailed in
                                                                                                                                 2017.                                                                     ‘‘Instructions.’’
                                                    Multiple Endpoints in Clinical Trials;                                       ADDRESSES: You may submit comments                                           Instructions: All submissions received
                                                    Draft Guidance for Industry;                                                 as follows:                                                               must include the Docket No. FDA–
                                                    Availability                                                                                                                                           2016–D–4460 for ‘‘Multiple Endpoints
                                                                                                                                 Electronic Submissions                                                    in Clinical Trials; Draft Guidance for
                                                    AGENCY:        Food and Drug Administration,
                                                    HHS.                                                                           Submit electronic comments in the                                       Industry; Availability.’’ Received
                                                                                                                                 following way:                                                            comments will be placed in the docket
                                                    ACTION:       Notice of availability.                                          • Federal eRulemaking Portal: http://                                   and, except for those submitted as
                                                    SUMMARY: The Food and Drug                                                   www.regulations.gov. Follow the                                           ‘‘Confidential Submissions,’’ publicly
                                                                                                                                 instructions for submitting comments.
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                                                    Administration (FDA or Agency) is                                                                                                                      viewable at http://www.regulations.gov
                                                    announcing the availability of a draft                                       Comments submitted electronically,                                        or at the Division of Dockets
                                                                                                                                 including attachments, to http://                                         Management between 9 a.m. and 4 p.m.,
                                                      1 Wage is based on the 2015 Bureau of Labor                                www.regulations.gov will be posted to                                     Monday through Friday.
                                                    Statistic’s survey, National Industry Specific                               the docket unchanged. Because your                                           • Confidential Submissions—To
                                                    Occupational Employment and Wage Estimate, for                               comment will be made public, you are                                      submit a comment with confidential
                                                    standard occupational code 13–1041, compliance
                                                    officer in pharmaceutical and medicine
                                                                                                                                 solely responsible for ensuring that your                                 information that you do not wish to be
                                                    manufacturing (http://www.bls.gov/oes/current/                               comment does not include any                                              made publicly available, submit your
                                                    oes131041.htm).                                                              confidential information that you or a                                    comments only as a written/paper


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Document Created: 2017-01-13 02:45:09
Document Modified: 2017-01-13 02:45:09
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.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by April 13, 2017. Submit either written or electronic comments on this collection of information by March 14, 2017.
ContactLeigh Hayes, Office of Combination Products, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, or via email at [email protected]
FR Citation82 FR 4351 

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