83_FR_39256 83 FR 39103 - Elemental Impurities in Drug Products; Guidance for Industry; Availability

83 FR 39103 - Elemental Impurities in Drug Products; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 153 (August 8, 2018)

Page Range39103-39105
FR Document2018-16984

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled ``Elemental Impurities in Drug Products.'' This guidance finalizes the draft guidance issued July 1, 2016, which provides recommendations regarding the control of elemental impurities of human drug products marketed in the United States consistent with the implementation of International Council for Harmonisation (ICH) guidance for industry entitled ``Q3D Elemental Impurities'' (ICH Q3D). This guidance will also assist manufacturers of compendial drug products in responding to the issuance of the United States Pharmacopeia (USP) requirement for the control of elemental impurities.

Federal Register, Volume 83 Issue 153 (Wednesday, August 8, 2018)
[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39103-39105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16984]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1692]


Elemental Impurities in Drug Products; Guidance for Industry; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a final guidance for industry entitled ``Elemental 
Impurities in Drug Products.'' This guidance finalizes the draft 
guidance issued July 1, 2016, which provides recommendations regarding 
the control of elemental impurities of human drug products marketed in 
the United States consistent with the implementation of International 
Council for Harmonisation (ICH) guidance for industry entitled ``Q3D 
Elemental Impurities'' (ICH Q3D). This guidance will also assist 
manufacturers of compendial drug products in responding to the issuance 
of the United States Pharmacopeia (USP) requirement for the control of 
elemental impurities.

DATES: The announcement of the guidance is published in the Federal 
Register on August 8, 2018.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that

[[Page 39104]]

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-2016-D-1692 for ``Elemental Impurities in Drug Products.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002; or to the Office of 
Communication, Outreach and Development, Center for Biologics 
Evaluation and Research (CBER), Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to assist that office in processing 
your requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Danae Christodoulou, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 21, Rm. 2602, Silver Spring, MD 20993-0002, 301-
796-1342; or Stephen Ripley, Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Elemental Impurities in Drug Products.'' This guidance 
provides recommendations regarding the control of elemental impurities 
of human drug products marketed in the United States consistent with 
implementation of ICH Q3D. The guidance will also assist manufacturers 
of compendial drug products in responding to the issuance of the USP 
chapters for the control of elemental impurities.
    USP introduced new limits and analytical procedures for elemental 
impurities in General Chapters <232> Elemental Impurities--Limits and 
<233> Elemental Impurities--Procedures. Their primary goals are to (1) 
set limits for acceptable levels of elemental impurities in finished 
drug products, and (2) update the methodology used to test for 
elemental impurities in drug products to include modern analytical 
procedures. ICH Q3D contains recommendations for manufacturers of human 
drugs and biologics on applying a risk-based approach to control 
elemental impurities and permitted daily exposure. USP worked closely 
with ICH to align its new General Chapters with ICH Q3D.
    Because elemental impurities pose toxicological concerns and do not 
provide any therapeutic benefit to the patient, their levels in drug 
products should be controlled within acceptable limits. In general, FDA 
recommends that the manufacturer of any U.S. marketed drug product 
follow ICH Q3D recommendations to establish appropriate procedures for 
identifying and controlling elemental impurities in the drug product 
based on risk assessment and product-specific considerations, unless 
the drug product must comply with USP-National Formulary requirements. 
This guidance outlines approaches for implementation of USP <232>, 
<233>, and ICH Q3D in new and existing products.
    This guidance finalizes the draft guidance issued July 1, 2016 (81 
FR 43211). Since the draft guidance was issued, USP <232> was 
harmonized with ICH Q3D with respect to the all elements and their 
limits. Originally, prior to issuance of the draft guidance, USP <232> 
included a fraction (15) of elemental impurities (EIs) listed in ICH 
Q3D. A number of stakeholder comments to the draft guidance referred to 
the update and harmonization of USP <232> with ICH Q3D, which is now 
reflected in the final guidance. In addition, a number of stakeholder 
comments requested clarification regarding the applicability of the 
guidance to biologics license applications (BLAs). The final guidance 
now states that ``for control of EIs in approved or pending BLAs, see 
ICH Q3D.'' This differs from the draft, where it was stated that the 
guidance pertained to biotechnology products covered by new drug 
applications (NDAs).
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Elemental Impurities in Drug Products.'' 
It does not establish any rights for any person and is not binding on 
FDA or the public.

[[Page 39105]]

You can use an alternative approach if it satisfies the requirements of 
the applicable statutes and regulations. This guidance is not subject 
to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information that are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 314 for submitting 
NDAs and abbreviated new drug applications, including supplemental 
applications and annual reports, have been approved under OMB control 
number 0910-0001. The collections of information in 21 CFR parts 211 
and 212 (current good manufacturing practices) have been approved under 
OMB control numbers 0910-0139 and 0910-0667.

III. Electronic Access

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

    Dated: August 3, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-16984 Filed 8-7-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                              39103

                                                   Therefore, approval of the                           DEPARTMENT OF HEALTH AND                              DATES:Approval is withdrawn as of
                                                applications listed in the table, and all               HUMAN SERVICES                                        September 7, 2018.
                                                amendments and supplements thereto,                                                                           FOR FURTHER INFORMATION CONTACT:
                                                is hereby withdrawn as of September 7,                  Food and Drug Administration
                                                                                                                                                              Florine P. Purdie, Center for Drug
                                                2018. Introduction or delivery for                      [Docket No. FDA–2018–N–2702]                          Evaluation and Research, Food and
                                                introduction into interstate commerce of                                                                      Drug Administration, 10903 New
                                                products without approved new drug                      Merck Sharp & Dohme Corporation, et                   Hampshire Ave., Bldg. 51, Rm. 6248,
                                                applications violates section 301(a) and                al.; Withdrawal of Approval of Four                   Silver Spring, MD 20993–0002, 301–
                                                (d) of the Federal Food, Drug, and                      New Drug Applications                                 796–3601.
                                                Cosmetic Act (21 U.S.C. 331(a) and (d)).
                                                                                                        AGENCY:    Food and Drug Administration,              SUPPLEMENTARY INFORMATION:     The
                                                Drug products that are listed in the table                                                                    holders of the applications listed in the
                                                                                                        HHS.
                                                that are in inventory on September 7,                                                                         table have informed FDA that these drug
                                                2018 may continue to be dispensed                       ACTION:   Notice.
                                                                                                                                                              products are no longer marketed and
                                                until the inventories have been depleted                SUMMARY:  The Food and Drug                           have requested that FDA withdraw
                                                or the drug products have reached their                 Administration (FDA or Agency) is                     approval of the applications under the
                                                expiration dates or otherwise become                    withdrawing approval of four new drug                 process described in § 314.150(c) (21
                                                violative, whichever occurs first.                      applications (NDAs) from multiple                     CFR 314.150(c)). The applicants have
                                                  Dated: August 3, 2018.                                applicants. The holders of the                        also, by their requests, waived their
                                                Leslie Kux,                                             applications notified the Agency in                   opportunity for a hearing. Withdrawal
                                                                                                        writing that the drug products were no                of approval of an application or
                                                Associate Commissioner for Policy.
                                                                                                        longer marketed and requested that the                abbreviated application under
                                                [FR Doc. 2018–16985 Filed 8–7–18; 8:45 am]              approval of the applications be                       § 314.150(c) is without prejudice to
                                                BILLING CODE 4164–01–P                                  withdrawn.                                            refiling.

                                                   Application No.                                       Drug                                                              Applicant

                                                NDA 005619 ............   Aminohippurate Sodium (PAH) 20% sterile solution Injec-                 Merck Sharp & Dohme Corp., Subsidiary of Merck & Com-
                                                                           tion, 2 grams in 10 milliliter (mL) vials.                               pany, Inc., 1 Merck Dr., P.O. Box 100, Whitehouse Sta-
                                                                                                                                                    tion, NJ 08889.
                                                NDA 008506 ............   Hydrocortone (hydrocortisone) Tablets USP, 10 milligrams                Do.
                                                                            (mg) and 20 mg.
                                                NDA 011891 ............   Durabolin (nandrolone phenpropionate) Injection, 25 mg/mL               Organon USA, Inc., Subsidiary of Merck & Company, Inc.,
                                                                            and 50 mg/mL.                                                           2000 Galloping Hill Rd., Kenilworth, NJ 07033.
                                                NDA 020301 ............   Ortho-Cept (desogestrel and ethinyl estradiol) Tablets USP,             Janssen Pharmaceuticals, Inc., 920 U.S. Hwy. 202, P.O.
                                                                            0.15 mg/0.03 mg (21-Day and 28-Day Regimens).                           Box 300, Raritan, NJ 08869–0602.



                                                   Therefore, approval of the                           DEPARTMENT OF HEALTH AND                              (USP) requirement for the control of
                                                applications listed in the table, and all               HUMAN SERVICES                                        elemental impurities.
                                                amendments and supplements thereto,                                                                           DATES: The announcement of the
                                                is hereby withdrawn as of September 7,                  Food and Drug Administration                          guidance is published in the Federal
                                                2018. Introduction or delivery for                      [Docket No. FDA–2016–D–1692]                          Register on August 8, 2018.
                                                introduction into interstate commerce of                                                                      ADDRESSES: You may submit either
                                                products without approved new drug                      Elemental Impurities in Drug Products;                electronic or written comments on
                                                applications violates section 301(a) and                Guidance for Industry; Availability                   Agency guidances at any time as
                                                (d) of the Federal Food, Drug, and                      AGENCY:    Food and Drug Administration,              follows:
                                                Cosmetic Act (21 U.S.C. 331(a) and (d)).                HHS.                                                  Electronic Submissions
                                                Drug products that are listed in the table              ACTION:   Notice of availability.
                                                that are in inventory on September 7,                                                                           Submit electronic comments in the
                                                2018 may continue to be dispensed                       SUMMARY:  The Food and Drug                           following way:
                                                until the inventories have been depleted                Administration (FDA or Agency) is                       • Federal eRulemaking Portal:
                                                or the drug products have reached their                 announcing the availability of a final                https://www.regulations.gov. Follow the
                                                expiration dates or otherwise become                    guidance for industry entitled                        instructions for submitting comments.
                                                violative, whichever occurs first.                      ‘‘Elemental Impurities in Drug                        Comments submitted electronically,
                                                                                                        Products.’’ This guidance finalizes the               including attachments, to https://
                                                  Dated: August 3, 2018.                                draft guidance issued July 1, 2016,                   www.regulations.gov will be posted to
                                                Leslie Kux,                                             which provides recommendations                        the docket unchanged. Because your
                                                Associate Commissioner for Policy.                      regarding the control of elemental                    comment will be made public, you are
                                                [FR Doc. 2018–16982 Filed 8–7–18; 8:45 am]              impurities of human drug products                     solely responsible for ensuring that your
                                                BILLING CODE 4164–01–P
                                                                                                        marketed in the United States consistent              comment does not include any
                                                                                                        with the implementation of                            confidential information that you or a
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        International Council for Harmonisation               third party may not wish to be posted,
                                                                                                        (ICH) guidance for industry entitled                  such as medical information, your or
                                                                                                        ‘‘Q3D Elemental Impurities’’ (ICH Q3D).               anyone else’s Social Security number, or
                                                                                                        This guidance will also assist                        confidential business information, such
                                                                                                        manufacturers of compendial drug                      as a manufacturing process. Please note
                                                                                                        products in responding to the issuance                that if you include your name, contact
                                                                                                        of the United States Pharmacopeia                     information, or other information that


                                           VerDate Sep<11>2014   22:37 Aug 07, 2018   Jkt 244001   PO 00000   Frm 00063   Fmt 4703   Sfmt 4703   E:\FR\FM\08AUN1.SGM   08AUN1


                                                39104                      Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices

                                                identifies you in the body of your                      FR 56469, September 18, 2015, or access               Elemental Impurities—Limits and
                                                comments, that information will be                      the information at: https://www.gpo.gov/              <233> Elemental Impurities—
                                                posted on https://www.regulations.gov.                  fdsys/pkg/FR-2015-09-18/pdf/2015-                     Procedures. Their primary goals are to
                                                  • If you want to submit a comment                     23389.pdf.                                            (1) set limits for acceptable levels of
                                                with confidential information that you                     Docket: For access to the docket to                elemental impurities in finished drug
                                                do not wish to be made available to the                 read background documents or the                      products, and (2) update the
                                                public, submit the comment as a                         electronic and written/paper comments                 methodology used to test for elemental
                                                written/paper submission and in the                     received, go to https://                              impurities in drug products to include
                                                manner detailed (see ‘‘Written/Paper                    www.regulations.gov and insert the                    modern analytical procedures. ICH Q3D
                                                Submissions’’ and ‘‘Instructions’’).                    docket number, found in brackets in the               contains recommendations for
                                                Written/Paper Submissions                               heading of this document, into the                    manufacturers of human drugs and
                                                                                                        ‘‘Search’’ box and follow the prompts                 biologics on applying a risk-based
                                                   Submit written/paper submissions as                  and/or go to the Dockets Management                   approach to control elemental
                                                follows:                                                Staff, 5630 Fishers Lane, Rm. 1061,                   impurities and permitted daily
                                                   • Mail/Hand Delivery/Courier (for                    Rockville, MD 20852.                                  exposure. USP worked closely with ICH
                                                Written/Paper Submissions): Dockets                        You may submit comments on any                     to align its new General Chapters with
                                                Management Staff (HFA–305), Food and                    guidance at any time (see 21 CFR                      ICH Q3D.
                                                Drug Administration, 5630 Fishers                       10.115(g)(5)).                                           Because elemental impurities pose
                                                Lane, Rm. 1061, Rockville, MD 20852.                       Submit written requests for single                 toxicological concerns and do not
                                                   • For written/paper comments                                                                               provide any therapeutic benefit to the
                                                                                                        copies of this guidance to the Division
                                                submitted to the Dockets Management                                                                           patient, their levels in drug products
                                                                                                        of Drug Information, Center for Drug
                                                Staff, FDA will post your comment, as                                                                         should be controlled within acceptable
                                                                                                        Evaluation and Research, Food and
                                                well as any attachments, except for                                                                           limits. In general, FDA recommends that
                                                                                                        Drug Administration, 10001 New
                                                information submitted, marked and                                                                             the manufacturer of any U.S. marketed
                                                identified, as confidential, if submitted               Hampshire Ave., Hillandale Building,
                                                                                                        4th Floor, Silver Spring, MD 20993–                   drug product follow ICH Q3D
                                                as detailed in ‘‘Instructions.’’                                                                              recommendations to establish
                                                   Instructions: All submissions received               0002; or to the Office of
                                                                                                        Communication, Outreach and                           appropriate procedures for identifying
                                                must include the Docket No. FDA–                                                                              and controlling elemental impurities in
                                                2016–D–1692 for ‘‘Elemental Impurities                  Development, Center for Biologics
                                                                                                        Evaluation and Research (CBER), Food                  the drug product based on risk
                                                in Drug Products.’’ Received comments                                                                         assessment and product-specific
                                                will be placed in the docket and, except                and Drug Administration, 10903 New
                                                                                                        Hampshire Ave., Bldg. 71, Rm. 3128,                   considerations, unless the drug product
                                                for those submitted as ‘‘Confidential                                                                         must comply with USP-National
                                                Submissions,’’ publicly viewable at                     Silver Spring, MD 20993–0002. Send
                                                                                                        one self-addressed adhesive label to                  Formulary requirements. This guidance
                                                https://www.regulations.gov or at the                                                                         outlines approaches for implementation
                                                Dockets Management Staff between 9                      assist that office in processing your
                                                                                                        requests. See the SUPPLEMENTARY                       of USP <232>, <233>, and ICH Q3D in
                                                a.m. and 4 p.m., Monday through                                                                               new and existing products.
                                                Friday.                                                 INFORMATION section for electronic
                                                                                                        access to the guidance document.                         This guidance finalizes the draft
                                                   • Confidential Submissions—To                                                                              guidance issued July 1, 2016 (81 FR
                                                submit a comment with confidential                      FOR FURTHER INFORMATION CONTACT:                      43211). Since the draft guidance was
                                                information that you do not wish to be                  Danae Christodoulou, Center for Drug                  issued, USP <232> was harmonized
                                                made publicly available, submit your                    Evaluation and Research, Food and                     with ICH Q3D with respect to the all
                                                comments only as a written/paper                        Drug Administration, 10903 New                        elements and their limits. Originally,
                                                submission. You should submit two                       Hampshire Ave., Bldg. 21, Rm. 2602,                   prior to issuance of the draft guidance,
                                                copies total. One copy will include the                 Silver Spring, MD 20993–0002, 301–                    USP <232> included a fraction (15) of
                                                information you claim to be confidential                796–1342; or Stephen Ripley, Center for               elemental impurities (EIs) listed in ICH
                                                with a heading or cover note that states                Biologics Evaluation and Research,                    Q3D. A number of stakeholder
                                                ‘‘THIS DOCUMENT CONTAINS                                Food and Drug Administration, 10903                   comments to the draft guidance referred
                                                CONFIDENTIAL INFORMATION.’’ The                         New Hampshire Ave., Bldg. 71, Rm.                     to the update and harmonization of USP
                                                Agency will review this copy, including                 7301, Silver Spring, MD 20993–0002,                   <232> with ICH Q3D, which is now
                                                the claimed confidential information, in                240–402–7911.                                         reflected in the final guidance. In
                                                its consideration of comments. The                      SUPPLEMENTARY INFORMATION:                            addition, a number of stakeholder
                                                second copy, which will have the                                                                              comments requested clarification
                                                claimed confidential information                        I. Background
                                                                                                                                                              regarding the applicability of the
                                                redacted/blacked out, will be available                    FDA is announcing the availability of              guidance to biologics license
                                                for public viewing and posted on                        a guidance for industry entitled                      applications (BLAs). The final guidance
                                                https://www.regulations.gov. Submit                     ‘‘Elemental Impurities in Drug                        now states that ‘‘for control of EIs in
                                                both copies to the Dockets Management                   Products.’’ This guidance provides                    approved or pending BLAs, see ICH
                                                Staff. If you do not wish your name and                 recommendations regarding the control                 Q3D.’’ This differs from the draft, where
                                                contact information to be made publicly                 of elemental impurities of human drug                 it was stated that the guidance pertained
                                                available, you can provide this                         products marketed in the United States                to biotechnology products covered by
                                                information on the cover sheet and not                  consistent with implementation of ICH                 new drug applications (NDAs).
                                                in the body of your comments and you                    Q3D. The guidance will also assist                       This guidance is being issued
sradovich on DSK3GMQ082PROD with NOTICES




                                                must identify this information as                       manufacturers of compendial drug                      consistent with FDA’s good guidance
                                                ‘‘confidential.’’ Any information marked                products in responding to the issuance                practices regulation (21 CFR 10.115).
                                                as ‘‘confidential’’ will not be disclosed               of the USP chapters for the control of                The guidance represents the current
                                                except in accordance with 21 CFR 10.20                  elemental impurities.                                 thinking of FDA on ‘‘Elemental
                                                and other applicable disclosure law. For                   USP introduced new limits and                      Impurities in Drug Products.’’ It does
                                                more information about FDA’s posting                    analytical procedures for elemental                   not establish any rights for any person
                                                of comments to public dockets, see 80                   impurities in General Chapters <232>                  and is not binding on FDA or the public.


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                                                                           Federal Register / Vol. 83, No. 153 / Wednesday, August 8, 2018 / Notices                                              39105

                                                You can use an alternative approach if                  of information has been submitted to the              includes a ‘‘Supplemental Data Sheet,’’
                                                it satisfies the requirements of the                    Office of Management and Budget                       Form FDA 3427, and a ‘‘General Device
                                                applicable statutes and regulations. This               (OMB) for review and clearance under                  Classification Questionnaire,’’ Form
                                                guidance is not subject to Executive                    the Paperwork Reduction Act of 1995.                  FDA 3429. Both forms contain a series
                                                Order 12866.                                            DATES: Fax written comments on the                    of questions concerning the safety and
                                                                                                        collection of information by September                effectiveness of the device type.
                                                II. Paperwork Reduction Act of 1995
                                                                                                        7, 2018.                                                 In the Federal Register of March 25,
                                                  This guidance refers to previously                    ADDRESSES: To ensure that comments on                 2014 (79 FR 16252), FDA issued a
                                                approved collections of information that                the information collection are received,              proposed rule that would eliminate the
                                                are subject to review by the Office of                  OMB recommends that written                           need for Forms FDA 3427 and 3429.
                                                Management and Budget (OMB) under                       comments be faxed to the Office of                    However, because the proposed rule has
                                                the Paperwork Reduction Act of 1995                     Information and Regulatory Affairs,                   not been finalized, we continue to
                                                (44 U.S.C. 3501–3520). The collections                  OMB, Attn: FDA Desk Officer, Fax: 202–                include the forms in the burden
                                                of information in 21 CFR part 314 for                   395–7285, or emailed to oira_                         estimate for this information collection.
                                                submitting NDAs and abbreviated new                     submission@omb.eop.gov. All                              The reclassification provisions of the
                                                drug applications, including                            comments should be identified with the                FD&C Act serve primarily as a vehicle
                                                supplemental applications and annual                    OMB control number 0910–0138. Also                    for manufacturers to seek
                                                reports, have been approved under OMB                   include the FDA docket number found                   reclassification from a higher to a lower
                                                control number 0910–0001. The                           in brackets in the heading of this                    class, thereby reducing the regulatory
                                                collections of information in 21 CFR                    document.                                             requirements applicable to a particular
                                                parts 211 and 212 (current good                                                                               device type, or to seek reclassification
                                                manufacturing practices) have been                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              from a lower to a higher class, thereby
                                                approved under OMB control numbers                      Amber Sanford, Office of Operations,
                                                                                                                                                              increasing the regulatory requirements
                                                0910–0139 and 0910–0667.                                Food and Drug Administration, Three
                                                                                                                                                              applicable to that device type. If
                                                                                                        White Flint North, 10A–12M, 11601
                                                III. Electronic Access                                                                                        approved, petitions requesting
                                                                                                        Landsdown St., North Bethesda, MD
                                                                                                                                                              classification from class III to class II or
                                                  Persons with access to the internet                   20852, 301–796–8867, PRAStaff@
                                                                                                                                                              class I provide an alternative route to
                                                may obtain the guidance at either                       fda.hhs.gov.
                                                                                                                                                              market in lieu of premarket approval for
                                                https://www.fda.gov/Drugs/                              SUPPLEMENTARY INFORMATION:    In                      class III devices. If approved, petitions
                                                GuidanceCompliance                                      compliance with 44 U.S.C. 3507, FDA                   requesting reclassification from class I
                                                RegulatoryInformation/Guidances/                        has submitted the following proposed                  or II, to a different class, may increase
                                                default.htm, or https://www.fda.gov/                    collection of information to OMB for                  requirements.
                                                BiologicsBloodVaccines/                                 review and clearance.                                    In the Federal Register of March 07,
                                                GuidanceCompliance                                                                                            2018 (83 FR 9743), FDA published a 60-
                                                RegulatoryInformation/Guidances/                        Reclassification Petitions for Medical
                                                                                                        Devices                                               day notice requesting public comment
                                                default.htm or https://                                                                                       on the proposed collection of
                                                www.regulations.gov.                                    OMB Control Number 0910–0138—                         information. FDA received one
                                                  Dated: August 3, 2018.                                Extension                                             comment.
                                                Leslie Kux,                                                Under sections 513(e) and (f), 514(b),                The comment supports continued use
                                                Associate Commissioner for Policy.                      515(b), and 520(l) of the Federal Food,               of Forms FDA 3427 and FDA 3429.
                                                [FR Doc. 2018–16984 Filed 8–7–18; 8:45 am]              Drug, and Cosmetic Act (FD&C Act) (21                 Specifically, the commenter is
                                                BILLING CODE 4164–01–P                                  U.S.C. 360c(e) and (f), 360d(b), 360e(b),             addressing the issue of discontinuing
                                                                                                        and 360j(l)) and part 860 (21 CFR part                the forms as previously referenced,
                                                                                                        860), subpart C, FDA has the                          wherein FDA issued a proposed rule (79
                                                DEPARTMENT OF HEALTH AND                                responsibility to collect data and                    FR 16252) to eliminate the need for the
                                                HUMAN SERVICES                                          information contained in                              forms. Because FDA is not
                                                                                                        reclassification petitions. The                       discontinuing use of the forms at this
                                                Food and Drug Administration                            reclassification provisions of the FD&C               time, and this comment relates to the
                                                                                                        Act allow any person to petition for                  proposed rule (79 FR 16252) and not to
                                                [Docket No. FDA–2011–N–0776]                                                                                  the information collection itself, we
                                                                                                        reclassification of a device from any of
                                                                                                        the three classes, i.e., I, II, and III, to           make no changes to this information
                                                Agency Information Collection                                                                                 collection based on the comment.
                                                                                                        another class. The reclassification
                                                Activities; Submission for Office of                                                                             The Center for Devices and
                                                                                                        content regulation (§ 860.123) requires
                                                Management and Budget Review;                                                                                 Radiological Health (CDRH) has
                                                                                                        the submission of valid scientific
                                                Comment Request; Reclassification                                                                             continually maintained contact with
                                                                                                        evidence demonstrating that the
                                                Petitions for Medical Devices                                                                                 industry. Informal communications
                                                                                                        proposed reclassification will provide a
                                                AGENCY:    Food and Drug Administration,                reasonable assurance of safety and                    concerning the importance and effect of
                                                HHS.                                                    effectiveness of the device type for its              reclassification are provided primarily
                                                ACTION:   Notice.                                       indications for use.                                  through trade organizations, and via
                                                                                                           The reclassification procedure                     CDRH’s website (https://www.fda.gov/
sradovich on DSK3GMQ082PROD with NOTICES




                                                SUMMARY: The Food and Drug                              regulation requires the submission of                 MedicalDevices/default.htm).
                                                Administration (FDA or we) is                           specific data when a manufacturer is                     FDA estimates the burden of this
                                                announcing that a proposed collection                   petitioning for reclassification. This                collection of information as follows:




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Document Created: 2018-08-08 02:05:03
Document Modified: 2018-08-08 02:05:03
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.
DatesThe announcement of the guidance is published in the Federal Register on August 8, 2018.
ContactDanae Christodoulou, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 21, Rm. 2602, Silver Spring, MD 20993-0002, 301- 796-1342; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation83 FR 39103 

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