83_FR_25120 83 FR 25015 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Clinical Trial Sponsors: Establishment and Operation of Clinical Trial Data Monitoring Committees

83 FR 25015 - Agency Information Collection Activities; Proposed Collection; Comment Request; Guidance for Clinical Trial Sponsors: Establishment and Operation of Clinical Trial Data Monitoring Committees

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range25015-25018
FR Document2018-11647

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the collection of information concerning the establishment and operation of clinical trial data monitoring committees.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Pages 25015-25018]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11647]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0908]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Guidance for Clinical Trial Sponsors: Establishment 
and Operation of Clinical Trial Data Monitoring Committees

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to the notice. This 
notice

[[Page 25016]]

solicits comments on the collection of information concerning the 
establishment and operation of clinical trial data monitoring 
committees.

DATES: Submit either electronic or written comments on the collection 
of information by July 30, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before July 30, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of July 30, 2018. Comments received by 
mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2011-N-0908 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Guidance for Clinical Trial 
Sponsors: Establishment and Operation of Clinical Trial Data Monitoring 
Committees.'' Received comments, those filed in a timely manner (see 
ADDRESSES), will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff 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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
PRAStaff@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), 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, including 
each proposed extension of an existing 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.

Guidance for Clinical Trial Sponsors: Establishment and Operation of 
Clinical Trial Data Monitoring Committees

OMB Control Number 0910-0581--Extension

    Sponsors are required to monitor studies evaluating new drugs, 
biologics, and devices (21 CFR 312.50 and 312.56 for drugs and 
biologics, and 21 CFR 812.40 and 812.46 for devices). Various 
individuals and groups play different roles in clinical trial 
monitoring. One such group is a data monitoring committee (DMC), 
appointed by a sponsor to evaluate the accumulating outcome data in 
some trials. A clinical trial DMC is a group of individuals with

[[Page 25017]]

pertinent expertise that reviews on a regular basis accumulating data 
from one or more ongoing clinical trials. The DMC advises the sponsor 
regarding the continuing safety of current trial subjects and those yet 
to be recruited to the trial, as well as the continuing validity and 
scientific merit of the trial.
    The guidance document referenced in this document is intended to 
assist sponsors of clinical trials in determining when a DMC is needed 
for monitoring a study and how such committees should operate. The 
guidance addresses the roles, responsibilities, and operating 
procedures of DMCs and describes certain reporting and recordkeeping 
responsibilities, including the following: (1) Sponsor reporting to FDA 
on DMC recommendations related to safety; (2) standard operating 
procedures (SOPs) for DMCs; (3) DMC meeting records; (4) sponsor 
notification to the DMC regarding waivers; and (5) DMC reports based on 
meeting minutes to the sponsor.
1. Sponsor Reporting to FDA on DMC Recommendations Related to Safety
    The requirement of the sponsor to report DMC recommendations 
related to serious adverse events in an expedited manner in clinical 
trials of new drugs (Sec.  312.32(c) (21 CFR 312.32(c))) would not 
apply when the DMC recommendation is related to an excess of events not 
classifiable as serious. Nevertheless, the Agency recommends in the 
guidance that sponsors inform FDA about all recommendations related to 
the safety of the investigational product whether or not the adverse 
event in question meets the definition of ``serious.''
2. SOPs for DMCs
    In the guidance, FDA recommends that sponsors establish procedures 
to do the following things:
     Assess potential conflicts of interest of proposed DMC 
members;
     Ensure that those with serious conflicts of interest are 
not included in the DMC;
     Provide disclosure to all DMC members of any potential 
conflicts that are not thought to impede objectivity and, thus, would 
not preclude service on the DMC;
     Identify and disclose any concurrent service of any DMC 
member on other DMCs of the same, related, or competing products;
     Ensure separation, and designate a different statistician 
to advise on the management of the trial, if the primary trial 
statistician takes on the responsibility for interim analysis and 
reporting to the DMC; and
     Minimize the risks of bias that are associated with an 
arrangement under which the primary trial statistician takes on the 
responsibility for interim analysis and reporting to the DMC, if it 
appears infeasible or highly impractical for any other statistician to 
take over responsibilities related to trial management.
3. DMC Meeting Records
    The Agency recommends in the guidance that the DMC or the group 
preparing the interim reports to the DMC maintain all meeting records. 
This information should be submitted to FDA with the clinical study 
report (21 CFR 314.50(d)(5)(ii)).
4. Sponsor Notification to the DMC Regarding Waivers
    The sponsor must report to FDA certain serious and unexpected 
adverse events in drugs and biologics trials (Sec.  312.32) and 
unanticipated adverse device effects in the case of device trials (21 
CFR 812.150(b)(1)). The Agency recommends in the guidance that sponsors 
notify DMCs about any waivers granted by FDA for expedited reporting of 
certain serious events.
5. DMC Reports of Meeting Minutes to the Sponsor
    The Agency recommends in the guidance that DMCs should issue a 
written report to the sponsor based on the DMC meeting minutes. Reports 
to the sponsor should include only those data generally available to 
the sponsor. The sponsor may convey the relevant information in this 
report to other interested parties, such as study investigators. 
Meeting minutes or other information that include discussion of 
confidential data would not be provided to the sponsor.
    Description of the Respondents: The submission and data collection 
recommendations described in this document affect sponsors of clinical 
trials and DMCs.
    Burden Estimate: Table 1 of this document provides the burden 
estimate of the annual reporting burden for the information to be 
submitted in accordance with the guidance. Table 2 of this document 
provides the burden estimate of the annual recordkeeping burden for the 
information to be maintained in accordance with the guidance. Table 3 
of this document provides the burden estimate of the annual third-party 
disclosure burden for the information to be submitted in accordance 
with the guidance.
    Reporting, Recordkeeping, and Third-Party Disclosure Burdens: Based 
on information from FDA review divisions, FDA estimates there are 
approximately 740 clinical trials with DMCs regulated by the Center for 
Biologics Evaluation and Research, the Center for Drug Evaluation and 
Research, and the Center for Devices and Radiological Health. FDA 
estimates that the average length of a clinical trial is 2 years, 
resulting in an annual estimate of 370 clinical trials. Because FDA has 
no information on which to project a change in the use of DMCs, FDA 
estimates that the number of clinical trials with DMCs will not change 
significantly. For purposes of this information collection, FDA 
estimates that each sponsor is responsible for approximately 10 trials, 
resulting in an estimated 37 sponsors that are affected by the guidance 
annually.
    Based on information provided to FDA by sponsors that have 
typically used DMCs for the kinds of studies for which this guidance 
recommends them, FDA estimates that the majority of sponsors have 
already prepared SOPs for DMCs, and only a minimum amount of time is 
necessary to revise or update them for use for other clinical studies. 
FDA receives very few requests for waivers regarding expedited 
reporting of certain serious events; therefore, FDA has estimated one 
respondent per year to account for the rare instance a request may be 
made. Based on FDA's experience with clinical trials using DMCs, FDA 
estimates that the sponsor on average would issue two interim reports 
per clinical trial to the DMC. FDA estimates that the DMCs would hold 
two meetings per year per clinical trial resulting in the issuance of 
two DMC reports of meeting minutes to the sponsor. One set of both of 
the meeting records should be maintained per clinical trial.
    The ``Average Burden per Response'' and ``Average Burden per 
Recordkeeping'' are based on FDA's experience with comparable 
recordkeeping and reporting provisions applicable to FDA regulated 
industry. The ``Average Burden per Response'' includes the time the 
respondent would spend reviewing, gathering, and preparing the 
information to be submitted to the DMC, FDA, or the sponsor. The 
``Average Burden per Recordkeeping'' includes the time to record, 
gather, and maintain the information.
    The information collection provisions in the guidance for 21 CFR 
312.30, 312.32, 312.38, 312.55, and 312.56 have been approved under OMB 
control number 0910-0014; 21 CFR 314.50 has been approved under OMB 
control number 0910-0001; and 21 CFR 812.35

[[Page 25018]]

and 812.150 have been approved under OMB control number 0910-0078.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
     Section of guidance/reporting activity         Number of     responses per   Total annual         Average burden per response          Total hours
                                                   respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Sponsor reporting to FDA on DMC                           37               1              37  0.50 (30 minutes)......................            18.5
 recommendations related to safety.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
   Section of guidance/recordkeeping activity       Number of      records per    Total annual       Average burden per recordkeeping       Total hours
                                                  recordkeepers   recordkeeper       records
--------------------------------------------------------------------------------------------------------------------------------------------------------
4.1. and 6.4 SOPs for DMCs.....................              37               1              37  8......................................             296
4.4.3.2. DMC meeting records...................             370               1             370  2......................................             740
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total......................................  ..............  ..............  ..............  .......................................           1,036
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.


                                               Table 3--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Number of
    Section of guidance/disclosure activity         Number of      disclosures    Total annual        Average burden per disclosure         Total hours
                                                   respondents   per respondent    disclosures
--------------------------------------------------------------------------------------------------------------------------------------------------------
4.4.1.2. Sponsor notification to the DMC                      1               1               1  0.25 (15 minutes)......................            0.25
 regarding waivers.
4.4.3.2. DMC reports of meeting minutes to the              370               2             740  1......................................             740
 sponsor.
                                                --------------------------------------------------------------------------------------------------------
    Total......................................  ..............  ..............  ..............  .......................................          740.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last 
request for OMB approval, we have made no adjustments to our burden 
estimate.

    Dated: May 24, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-11647 Filed 5-30-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                        Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                                                                   25015

                                                 An electronic copy of the guidance                                       applications, HDE applications, 510(k)                                 You can use an alternative approach if
                                              document is available for download                                          submissions, IDE applications, and De                                  it satisfies the requirements of the
                                              from the internet. See the                                                  Novo classification requests).                                         applicable statutes and regulations. This
                                              SUPPLEMENTARY INFORMATION section for                                          Non-clinical bench performance                                      guidance is not subject to Executive
                                              information on electronic access to the                                     testing is defined as performance testing                              Order 12866.
                                              guidance. Submit written requests for a                                     that encompasses all bench testing and
                                                                                                                          will be dependent upon the specifics of                                III. Electronic Access
                                              single hard copy of the draft guidance
                                              document entitled ‘‘Recommended                                             the actual device or device type. Non-                                    Persons interested in obtaining a copy
                                              Content and Format of Complete Test                                         clinical bench performance testing                                     of the draft guidance may do so by
                                              Reports for Non-Clinical Bench                                              includes, but is not limited to,                                       downloading an electronic copy from
                                              Performance Testing in Premarket                                            mechanical and biological engineering                                  the internet. A search capability for all
                                              Submissions’’ to the Office of the Center                                   performance such as fatigue, wear,                                     Center for Devices and Radiological
                                              Director, Guidance and Policy                                               tensile strength, compression, and burst                               Health guidance documents is available
                                              Development, Center for Devices and                                         pressure; bench tests using animal or                                  at https://www.fda.gov/MedicalDevices/
                                              Radiological Health, Food and Drug                                          human tissue; and animal carcass or                                    DeviceRegulationandGuidance/
                                              Administration, 10903 New Hampshire                                         human cadaveric testing. Non-clinical                                  GuidanceDocuments/default.htm. This
                                              Ave., Bldg. 66, Rm. 5431, Silver Spring,                                    bench performance testing excludes                                     guidance document is also available at
                                              MD 20993–0002. Send one self-                                               biocompatibility evaluation,                                           https://www.regulations.gov. Persons
                                              addressed adhesive label to assist that                                     sterilization, and animal in vivo                                      unable to download an electronic copy
                                              office in processing your request.                                          evaluation.                                                            of ‘‘Recommended Content and Format
                                                                                                                             This draft guidance is intended to
                                              FOR FURTHER INFORMATION CONTACT:                                                                                                                   of Complete Test Reports for Non-
                                                                                                                          help ensure that clear and consistent
                                              Mary Wen, Center for Devices and                                                                                                                   Clinical Bench Performance Testing in
                                                                                                                          information is provided in premarket
                                              Radiological Health, Food and Drug                                                                                                                 Premarket Submissions’’ may send an
                                                                                                                          submissions containing non-clinical
                                              Administration, 10903 New Hampshire                                         bench performance testing. The                                         email request to CDRH-Guidance@
                                              Ave., Bldg. 66, Rm. 1529, Silver Spring,                                    information in this draft guidance is                                  fda.hhs.gov to receive an electronic
                                              MD 20993–0002, 240–402–4913.                                                intended to be used in conjunction with                                copy of the document. Please use the
                                              SUPPLEMENTARY INFORMATION:                                                  other FDA guidance documents,                                          document number 18011 to identify the
                                                                                                                          including device-specific guidances.                                   guidance you are requesting.
                                              I. Background
                                                                                                                          II. Significance of Guidance                                           IV. Paperwork Reduction Act of 1995
                                                FDA is announcing the availability of
                                              a draft guidance for industry and FDA                                          This draft guidance is being issued                                   This draft guidance refers to
                                              staff entitled ‘‘Recommended Content                                        consistent with FDA’s good guidance                                    previously approved collections of
                                              and Format of Complete Test Reports for                                     practices regulation (21 CFR 10.115).                                  information found in FDA regulations.
                                              Non-Clinical Bench Performance                                              The draft guidance, when finalized, will                               These collections of information are
                                              Testing in Premarket Submissions.’’                                         represent the current thinking of FDA                                  subject to review by the Office of
                                              FDA has developed this document to                                          on ‘‘Recommended Content and Format                                    Management and Budget (OMB) under
                                              describe relevant information that                                          of Complete Test Reports for Non-                                      the Paperwork Reduction Act of 1995
                                              should be included in complete test                                         Clinical Bench Performance Testing in                                  (44 U.S.C. 3501–3520). The collections
                                              reports for non-clinical bench                                              Premarket Submissions.’’ It does not                                   of information in the following FDA
                                              performance testing provided in a                                           establish any rights for any person and                                regulations and guidances have been
                                              premarket submission (i.e., PMA                                             is not binding on FDA or the public.                                   approved by OMB as listed:

                                                                                                                                                                                                                                             OMB control
                                                                           21 CFR part or guidance                                                                                        Topic                                                 No.

                                              807, Subpart E ...........................................................................           Premarket Notification ................................................................     0910–0120
                                              814, Subparts A Through E .......................................................                    Premarket Approval ....................................................................     0910–0231
                                              814, Subpart H ...........................................................................           Humanitarian Device Exemption ................................................              0910–0332
                                              812 ..............................................................................................   Investigational Device Exemption ..............................................             0910–0078
                                              De Novo Classification Process (Evaluation of Automatic Class                                        De Novo Classification process .................................................            0910–0844
                                                III Designation).



                                                Dated: May 24, 2018.                                                      DEPARTMENT OF HEALTH AND                                               ACTION:     Notice.
                                              Leslie Kux,                                                                 HUMAN SERVICES
                                                                                                                                                                                                 SUMMARY:   The Food and Drug
                                              Associate Commissioner for Policy.                                                                                                                 Administration (FDA or Agency) is
                                                                                                                          Food and Drug Administration
                                              [FR Doc. 2018–11603 Filed 5–30–18; 8:45 am]                                                                                                        announcing an opportunity for public
                                              BILLING CODE 4164–01–P                                                                                                                             comment on the proposed collection of
                                                                                                                          [Docket No. FDA–2011–N–0908]
                                                                                                                                                                                                 certain information by the Agency.
                                                                                                                          Agency Information Collection                                          Under the Paperwork Reduction Act of
                                                                                                                          Activities; Proposed Collection;                                       1995 (PRA), Federal Agencies are
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                          Comment Request; Guidance for                                          required to publish notice in the
                                                                                                                          Clinical Trial Sponsors: Establishment                                 Federal Register concerning each
                                                                                                                          and Operation of Clinical Trial Data                                   proposed collection of information,
                                                                                                                          Monitoring Committees                                                  including each proposed extension of an
                                                                                                                                                                                                 existing collection of information, and
                                                                                                                          AGENCY:         Food and Drug Administration,                          to allow 60 days for public comment in
                                                                                                                          HHS.                                                                   response to the notice. This notice


                                         VerDate Sep<11>2014         17:46 May 30, 2018          Jkt 241001       PO 00000        Frm 00050        Fmt 4703    Sfmt 4703      E:\FR\FM\31MYN1.SGM           31MYN1


                                              25016                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              solicits comments on the collection of                  identified, as confidential, if submitted             and Drug Administration, Three White
                                              information concerning the                              as detailed in ‘‘Instructions.’’                      Flint North, 10A–12M, 11601
                                              establishment and operation of clinical                    Instructions: All submissions received             Landsdown St., North Bethesda, MD
                                              trial data monitoring committees.                       must include the Docket No. FDA–                      20852, 301–796–7726, PRAStaff@
                                              DATES: Submit either electronic or                      2011–N–0908 for ‘‘Agency Information                  fda.hhs.gov.
                                              written comments on the collection of                   Collection Activities; Proposed                       SUPPLEMENTARY INFORMATION: Under the
                                              information by July 30, 2018.                           Collection; Comment Request; Guidance                 PRA (44 U.S.C. 3501–3520), Federal
                                              ADDRESSES: You may submit comments
                                                                                                      for Clinical Trial Sponsors:                          Agencies must obtain approval from the
                                              as follows. Please note that late,                      Establishment and Operation of Clinical               Office of Management and Budget
                                              untimely filed comments will not be                     Trial Data Monitoring Committees.’’                   (OMB) for each collection of
                                              considered. Electronic comments must                    Received comments, those filed in a                   information they conduct or sponsor.
                                              be submitted on or before July 30, 2018.                timely manner (see ADDRESSES), will be                ‘‘Collection of information’’ is defined
                                              The https://www.regulations.gov                         placed in the docket and, except for                  in 44 U.S.C. 3502(3) and 5 CFR
                                              electronic filing system will accept                    those submitted as ‘‘Confidential                     1320.3(c) and includes Agency requests
                                              comments until midnight Eastern Time                    Submissions,’’ publicly viewable at                   or requirements that members of the
                                              at the end of July 30, 2018. Comments                   https://www.regulations.gov or at the                 public submit reports, keep records, or
                                              received by mail/hand delivery/courier                  Dockets Management Staff between 9                    provide information to a third party.
                                              (for written/paper submissions) will be                 a.m. and 4 p.m., Monday through                       Section 3506(c)(2)(A) of the PRA (44
                                              considered timely if they are                           Friday.                                               U.S.C. 3506(c)(2)(A)) requires Federal
                                              postmarked or the delivery service                         • Confidential Submissions—To                      Agencies to provide a 60-day notice in
                                              acceptance receipt is on or before that                 submit a comment with confidential                    the Federal Register concerning each
                                              date.                                                   information that you do not wish to be                proposed collection of information,
                                                                                                      made publicly available, submit your                  including each proposed extension of an
                                              Electronic Submissions                                  comments only as a written/paper                      existing collection of information,
                                                Submit electronic comments in the                     submission. You should submit two                     before submitting the collection to OMB
                                              following way:                                          copies total. One copy will include the               for approval. To comply with this
                                                • Federal eRulemaking Portal:                         information you claim to be confidential              requirement, FDA is publishing notice
                                              https://www.regulations.gov. Follow the                 with a heading or cover note that states              of the proposed collection of
                                              instructions for submitting comments.                   ‘‘THIS DOCUMENT CONTAINS                              information set forth in this document.
                                              Comments submitted electronically,                      CONFIDENTIAL INFORMATION.’’ The                          With respect to the following
                                              including attachments, to https://                      Agency will review this copy, including               collection of information, FDA invites
                                              www.regulations.gov will be posted to                   the claimed confidential information, in              comments on these topics: (1) Whether
                                              the docket unchanged. Because your                      its consideration of comments. The                    the proposed collection of information
                                              comment will be made public, you are                    second copy, which will have the                      is necessary for the proper performance
                                              solely responsible for ensuring that your               claimed confidential information                      of FDA’s functions, including whether
                                              comment does not include any                            redacted/blacked out, will be available               the information will have practical
                                              confidential information that you or a                  for public viewing and posted on                      utility; (2) the accuracy of FDA’s
                                              third party may not wish to be posted,                  https://www.regulations.gov. Submit                   estimate of the burden of the proposed
                                              such as medical information, your or                    both copies to the Dockets Management                 collection of information, including the
                                              anyone else’s Social Security number, or                Staff. If you do not wish your name and               validity of the methodology and
                                              confidential business information, such                 contact information to be made publicly               assumptions used; (3) ways to enhance
                                              as a manufacturing process. Please note                 available, you can provide this                       the quality, utility, and clarity of the
                                              that if you include your name, contact                  information on the cover sheet and not                information to be collected; and (4)
                                              information, or other information that                  in the body of your comments and you                  ways to minimize the burden of the
                                              identifies you in the body of your                      must identify this information as                     collection of information on
                                              comments, that information will be                      ‘‘confidential.’’ Any information marked              respondents, including through the use
                                              posted on https://www.regulations.gov.                  as ‘‘confidential’’ will not be disclosed             of automated collection techniques,
                                                • If you want to submit a comment                     except in accordance with 21 CFR 10.20                when appropriate, and other forms of
                                              with confidential information that you                  and other applicable disclosure law. For              information technology.
                                              do not wish to be made available to the                 more information about FDA’s posting                  Guidance for Clinical Trial Sponsors:
                                              public, submit the comment as a                         of comments to public dockets, see 80                 Establishment and Operation of
                                              written/paper submission and in the                     FR 56469, September 18, 2015, or access               Clinical Trial Data Monitoring
                                              manner detailed (see ‘‘Written/Paper                    the information at: https://www.gpo.gov/              Committees
                                              Submissions’’ and ‘‘Instructions’’).                    fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                                                                      23389.pdf.                                            OMB Control Number 0910–0581—
                                              Written/Paper Submissions                                  Docket: For access to the docket to                Extension
                                                Submit written/paper submissions as                   read background documents or the                         Sponsors are required to monitor
                                              follows:                                                electronic and written/paper comments                 studies evaluating new drugs, biologics,
                                                • Mail/Hand delivery/Courier (for                     received, go to https://                              and devices (21 CFR 312.50 and 312.56
                                              written/paper submissions): Dockets                     www.regulations.gov and insert the                    for drugs and biologics, and 21 CFR
                                              Management Staff (HFA–305), Food and                    docket number, found in brackets in the               812.40 and 812.46 for devices). Various
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                                              Drug Administration, 5630 Fishers                       heading of this document, into the                    individuals and groups play different
                                              Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts                 roles in clinical trial monitoring. One
                                                • For written/paper comments                          and/or go to the Dockets Management                   such group is a data monitoring
                                              submitted to the Dockets Management                     Staff, 5630 Fishers Lane, Rm. 1061,                   committee (DMC), appointed by a
                                              Staff, FDA will post your comment, as                   Rockville, MD 20852.                                  sponsor to evaluate the accumulating
                                              well as any attachments, except for                     FOR FURTHER INFORMATION CONTACT: Ila                  outcome data in some trials. A clinical
                                              information submitted, marked and                       S. Mizrachi, Office of Operations, Food               trial DMC is a group of individuals with


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                                                                            Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices                                              25017

                                              pertinent expertise that reviews on a                     • Minimize the risks of bias that are               FDA estimates there are approximately
                                              regular basis accumulating data from                    associated with an arrangement under                  740 clinical trials with DMCs regulated
                                              one or more ongoing clinical trials. The                which the primary trial statistician takes            by the Center for Biologics Evaluation
                                              DMC advises the sponsor regarding the                   on the responsibility for interim                     and Research, the Center for Drug
                                              continuing safety of current trial                      analysis and reporting to the DMC, if it              Evaluation and Research, and the Center
                                              subjects and those yet to be recruited to               appears infeasible or highly impractical              for Devices and Radiological Health.
                                              the trial, as well as the continuing                    for any other statistician to take over               FDA estimates that the average length of
                                              validity and scientific merit of the trial.             responsibilities related to trial                     a clinical trial is 2 years, resulting in an
                                                 The guidance document referenced in                  management.                                           annual estimate of 370 clinical trials.
                                              this document is intended to assist                                                                           Because FDA has no information on
                                              sponsors of clinical trials in determining              3. DMC Meeting Records
                                                                                                                                                            which to project a change in the use of
                                              when a DMC is needed for monitoring                        The Agency recommends in the                       DMCs, FDA estimates that the number
                                              a study and how such committees                         guidance that the DMC or the group                    of clinical trials with DMCs will not
                                              should operate. The guidance addresses                  preparing the interim reports to the                  change significantly. For purposes of
                                              the roles, responsibilities, and operating              DMC maintain all meeting records. This                this information collection, FDA
                                              procedures of DMCs and describes                        information should be submitted to FDA                estimates that each sponsor is
                                              certain reporting and recordkeeping                     with the clinical study report (21 CFR                responsible for approximately 10 trials,
                                              responsibilities, including the                         314.50(d)(5)(ii)).                                    resulting in an estimated 37 sponsors
                                              following: (1) Sponsor reporting to FDA                 4. Sponsor Notification to the DMC                    that are affected by the guidance
                                              on DMC recommendations related to                       Regarding Waivers                                     annually.
                                              safety; (2) standard operating                                                                                   Based on information provided to
                                              procedures (SOPs) for DMCs; (3) DMC                        The sponsor must report to FDA                     FDA by sponsors that have typically
                                              meeting records; (4) sponsor notification               certain serious and unexpected adverse                used DMCs for the kinds of studies for
                                              to the DMC regarding waivers; and (5)                   events in drugs and biologics trials                  which this guidance recommends them,
                                              DMC reports based on meeting minutes                    (§ 312.32) and unanticipated adverse                  FDA estimates that the majority of
                                              to the sponsor.                                         device effects in the case of device trials           sponsors have already prepared SOPs
                                                                                                      (21 CFR 812.150(b)(1)). The Agency                    for DMCs, and only a minimum amount
                                              1. Sponsor Reporting to FDA on DMC                      recommends in the guidance that
                                              Recommendations Related to Safety                                                                             of time is necessary to revise or update
                                                                                                      sponsors notify DMCs about any                        them for use for other clinical studies.
                                                 The requirement of the sponsor to                    waivers granted by FDA for expedited                  FDA receives very few requests for
                                              report DMC recommendations related to                   reporting of certain serious events.                  waivers regarding expedited reporting of
                                              serious adverse events in an expedited                  5. DMC Reports of Meeting Minutes to                  certain serious events; therefore, FDA
                                              manner in clinical trials of new drugs                  the Sponsor                                           has estimated one respondent per year
                                              (§ 312.32(c) (21 CFR 312.32(c))) would                                                                        to account for the rare instance a request
                                              not apply when the DMC                                     The Agency recommends in the
                                                                                                      guidance that DMCs should issue a                     may be made. Based on FDA’s
                                              recommendation is related to an excess                                                                        experience with clinical trials using
                                              of events not classifiable as serious.                  written report to the sponsor based on
                                                                                                      the DMC meeting minutes. Reports to                   DMCs, FDA estimates that the sponsor
                                              Nevertheless, the Agency recommends                                                                           on average would issue two interim
                                              in the guidance that sponsors inform                    the sponsor should include only those
                                                                                                      data generally available to the sponsor.              reports per clinical trial to the DMC.
                                              FDA about all recommendations related                                                                         FDA estimates that the DMCs would
                                              to the safety of the investigational                    The sponsor may convey the relevant
                                                                                                      information in this report to other                   hold two meetings per year per clinical
                                              product whether or not the adverse                                                                            trial resulting in the issuance of two
                                              event in question meets the definition of               interested parties, such as study
                                                                                                      investigators. Meeting minutes or other               DMC reports of meeting minutes to the
                                              ‘‘serious.’’                                                                                                  sponsor. One set of both of the meeting
                                                                                                      information that include discussion of
                                              2. SOPs for DMCs                                        confidential data would not be provided               records should be maintained per
                                                                                                      to the sponsor.                                       clinical trial.
                                                 In the guidance, FDA recommends
                                              that sponsors establish procedures to do                   Description of the Respondents: The                   The ‘‘Average Burden per Response’’
                                              the following things:                                   submission and data collection                        and ‘‘Average Burden per
                                                 • Assess potential conflicts of interest             recommendations described in this                     Recordkeeping’’ are based on FDA’s
                                              of proposed DMC members;                                document affect sponsors of clinical                  experience with comparable
                                                 • Ensure that those with serious                     trials and DMCs.                                      recordkeeping and reporting provisions
                                              conflicts of interest are not included in                  Burden Estimate: Table 1 of this                   applicable to FDA regulated industry.
                                              the DMC;                                                document provides the burden estimate                 The ‘‘Average Burden per Response’’
                                                 • Provide disclosure to all DMC                      of the annual reporting burden for the                includes the time the respondent would
                                              members of any potential conflicts that                 information to be submitted in                        spend reviewing, gathering, and
                                              are not thought to impede objectivity                   accordance with the guidance. Table 2                 preparing the information to be
                                              and, thus, would not preclude service                   of this document provides the burden                  submitted to the DMC, FDA, or the
                                              on the DMC;                                             estimate of the annual recordkeeping                  sponsor. The ‘‘Average Burden per
                                                 • Identify and disclose any                          burden for the information to be                      Recordkeeping’’ includes the time to
                                              concurrent service of any DMC member                    maintained in accordance with the                     record, gather, and maintain the
                                              on other DMCs of the same, related, or                  guidance. Table 3 of this document                    information.
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                                              competing products;                                     provides the burden estimate of the                      The information collection provisions
                                                 • Ensure separation, and designate a                 annual third-party disclosure burden for              in the guidance for 21 CFR 312.30,
                                              different statistician to advise on the                 the information to be submitted in                    312.32, 312.38, 312.55, and 312.56 have
                                              management of the trial, if the primary                 accordance with the guidance.                         been approved under OMB control
                                              trial statistician takes on the                            Reporting, Recordkeeping, and Third-               number 0910–0014; 21 CFR 314.50 has
                                              responsibility for interim analysis and                 Party Disclosure Burdens: Based on                    been approved under OMB control
                                              reporting to the DMC; and                               information from FDA review divisions,                number 0910–0001; and 21 CFR 812.35


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                                              25018                                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Notices

                                              and 812.150 have been approved under                                                   FDA estimates the burden of this
                                              OMB control number 0910–0078.                                                        collection of information as follows:
                                                                                                                     TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                                                 Number of                                                   Average
                                                                                                                                                                      Number of                                            Total annual
                                                                         Section of guidance/reporting activity                                                                                responses per                                               burden per                  Total hours
                                                                                                                                                                     respondents                                            responses
                                                                                                                                                                                                 respondent                                                 response

                                              5. Sponsor reporting to FDA on DMC recommendations related to safety ..                                                                   37                           1                        37     0.50 (30 minutes)                         18.5
                                                1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                               TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                                                  Number of                                                 Average
                                                                                                                                                                      Number of                                            Total annual
                                                                     Section of guidance/recordkeeping activity                                                                                  records per                                               burden per                  Total hours
                                                                                                                                                                    recordkeepers                                            records
                                                                                                                                                                                                recordkeeper                                             recordkeeping

                                              4.1. and 6.4 SOPs for DMCs .........................................................................                                     37                            1                       37      8 ...........................              296
                                              4.4.3.2. DMC meeting records .......................................................................                                    370                            1                      370      2 ...........................              740

                                                   Total ........................................................................................................   ........................   ........................   ........................   ...............................          1,036
                                                1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                     TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                                                                 Number of                                                  Average
                                                                                                                                                                      Number of                  disclosures               Total annual
                                                                        Section of guidance/disclosure activity                                                                                                                                            burden per                  Total hours
                                                                                                                                                                     respondents                per respond-               disclosures                     disclosure
                                                                                                                                                                                                     ent

                                              4.4.1.2. Sponsor notification to the DMC regarding waivers .........................                                                      1                            1                        1      0.25 (15 minutes)                         0.25
                                              4.4.3.2. DMC reports of meeting minutes to the sponsor .............................                                                    370                            2                      740      1 ...........................             740

                                                   Total ........................................................................................................   ........................   ........................   ........................   ...............................         740.25
                                                1 There    are no capital costs or operating and maintenance costs associated with this collection of information.



                                                Based on a review of the information                                               prepared under the auspices of the                                                     confidential information that you or a
                                              collection since our last request for                                                International Council for Harmonisation                                                third party may not wish to be posted,
                                              OMB approval, we have made no                                                        (ICH), formerly the International                                                      such as medical information, your or
                                              adjustments to our burden estimate.                                                  Conference on Harmonisation. The draft                                                 anyone else’s Social Security number, or
                                                Dated: May 24, 2018.                                                               guidance, which consists of a Core                                                     confidential business information, such
                                              Leslie Kux,                                                                          Guideline and an Annex, provides a                                                     as a manufacturing process. Please note
                                              Associate Commissioner for Policy.
                                                                                                                                   framework to facilitate the management                                                 that if you include your name, contact
                                                                                                                                   of post-approval chemistry,                                                            information, or other information that
                                              [FR Doc. 2018–11647 Filed 5–30–18; 8:45 am]
                                                                                                                                   manufacturing, and controls changes for                                                identifies you in the body of your
                                              BILLING CODE 4164–01–P
                                                                                                                                   new and marketed pharmaceutical drug                                                   comments, that information will be
                                                                                                                                   substances and drug products, including                                                posted on https://www.regulations.gov.
                                                                                                                                   marketed chemical and                                                                    • If you want to submit a comment
                                              DEPARTMENT OF HEALTH AND
                                                                                                                                   biotechnological/biological products.                                                  with confidential information that you
                                              HUMAN SERVICES
                                                                                                                                   DATES: Submit either electronic or                                                     do not wish to be made available to the
                                              Food and Drug Administration                                                         written comments on the draft guidance                                                 public, submit the comment as a
                                                                                                                                   by December 15, 2018, to ensure that the                                               written/paper submission and in the
                                              [Docket No. FDA–2018–D–1609]                                                                                                                                                manner detailed (see ‘‘Written/Paper
                                                                                                                                   Agency considers your comment on this
                                                                                                                                   draft guidance before it begins work on                                                Submissions’’ and ‘‘Instructions’’).
                                              Q12 Technical and Regulatory
                                              Considerations for Pharmaceutical                                                    the final version of the guidance.                                                     Written/Paper Submissions
                                              Product Lifecycle Management;                                                        ADDRESSES: You may submit comments                                                       Submit written/paper submissions as
                                              International Council for                                                            on any guidance at any time as follows:                                                follows:
                                              Harmonisation; Draft Guidance for                                                                                                                                             • Mail/Hand delivery/Courier (for
                                              Industry; Availability                                                               Electronic Submissions
                                                                                                                                                                                                                          written/paper submissions): Dockets
                                              AGENCY:        Food and Drug Administration,                                           Submit electronic comments in the                                                    Management Staff (HFA–305), Food and
                                              HHS.                                                                                 following way:                                                                         Drug Administration, 5630 Fishers
                                              ACTION:       Notice of availability.                                                  • Federal eRulemaking Portal:                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                                   https://www.regulations.gov. Follow the                                                  • For written/paper comments
                                              SUMMARY:  The Food and Drug                                                          instructions for submitting comments.                                                  submitted to the Dockets Management
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                                              Administration (FDA or Agency) is                                                    Comments submitted electronically,                                                     Staff, FDA will post your comment, as
                                              announcing the availability of a                                                     including attachments, to https://                                                     well as any attachments, except for
                                              guidance entitled ‘‘Q12 Technical and                                                www.regulations.gov will be posted to                                                  information submitted, marked and
                                              Regulatory Considerations for                                                        the docket unchanged. Because your                                                     identified, as confidential, if submitted
                                              Pharmaceutical Product Lifecycle                                                     comment will be made public, you are                                                   as detailed in ‘‘Instructions.’’
                                              Management; International Council for                                                solely responsible for ensuring that your                                                Instructions: All submissions received
                                              Harmonisation.’’ The draft guidance was                                              comment does not include any                                                           must include the Docket No. FDA–


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Document Created: 2018-05-31 00:48:10
Document Modified: 2018-05-31 00:48:10
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.
DatesSubmit either electronic or written comments on the collection of information by July 30, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 25015 

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