83_FR_48618 83 FR 48432 - Abbreviated New Drug Application Submissions-Content and Format; Guidance for Industry; Availability

83 FR 48432 - Abbreviated New Drug Application Submissions-Content and Format; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48432-48433
FR Document2018-20790

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled ``ANDA Submissions--Content and Format.'' This guidance is intended to assist applicants in preparing abbreviated new drug applications (ANDAs) for submission to FDA under the Federal Food, Drug and Cosmetic Act (the FD&C Act).

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48432-48433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20790]



[[Page 48432]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0725]


Abbreviated New Drug Application Submissions--Content and Format; 
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 ``ANDA 
Submissions--Content and Format.'' This guidance is intended to assist 
applicants in preparing abbreviated new drug applications (ANDAs) for 
submission to FDA under the Federal Food, Drug and Cosmetic Act (the 
FD&C Act).

DATES: The announcement of the guidance is published in the Federal 
Register on September 25, 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 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-2014-D-0725 for ``ANDA Submissions--Content and Format.'' 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. 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: Elizabeth Giaquinto Friedman, Center 
for Drug Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Silver Spring, MD 20993, 240-402-7930.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``ANDA Submissions--Content and Format of Abbreviated New Drug 
Applications.'' This guidance is intended to assist applicants in 
preparing ANDAs for submission to FDA under section 505(j) of the FD&C 
Act (21 U.S.C. 355(j)). This guidance details the information that 
should be provided in each section of the common technical document 
format for human pharmaceutical product applications and identifies 
supporting guidance documents and recommendations issued by FDA to 
assist applicants in preparing their ANDA submission.
    This guidance identifies the information an applicant should 
include to ensure that a complete, high-quality application is 
submitted to FDA. FDA has previously published guidance documents on 
the filing process, including the guidances for industry about refuse-
to-receive standards and common, recurring deficiencies, which should 
be reviewed thoroughly prior to submission of an ANDA.
    In the Federal Register of June 12, 2014 (79 FR 33758), FDA issued 
the draft guidance for industry ``ANDA Submissions--Content and Format 
of Abbreviated New Drug Applications.'' FDA carefully considered the 
comments received on the draft guidance, and, where possible, has 
incorporated into the final guidance additional detailed discussion of 
our current thinking on the content and format of ANDAs submitted to 
FDA for review.
    This guidance is being issued consistent with FDA's good guidance

[[Page 48433]]

practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on the content and format of ANDA submissions. 
It does not establish any rights for any person and is not binding on 
FDA or the public. You can use an alternative approach if it satisfies 
the requirements of the applicable statutes and regulations. This 
guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
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 314 (including subpart C) related 
to the content and format of ANDAs submitted by applicants and approved 
by FDA is approved under OMB control number 0910-0001. Applicant 
submission of controlled correspondence related to generic drug 
development and FDA approval is approved under OMB control number 0910-
0797.
    The collection of information for Form FDA 356h (NDA and ANDA cover 
sheet) has been approved under OMB control number 0910-0338. The 
collection of information for Form FDA 3674 (application certification) 
has been approved under OMB control number 0910-0616. The collection of 
information for Form FDA 3794 (GDUFA cover sheet) has been approved 
under OMB control number 0910-0727. The collection of information for 
Form FDA 3454 and Form FDA 3455 (clinical investigator financial 
interest) has been approved under control number 0910-0396.
    The submission of petitions under 21 CFR part 10 (Administrative 
Practices and Procedures) has been approved under OMB control number 
0910-0191. The collection information in 21 CFR part 11 (electronic 
records) has been approved under OMB control number 0910-0303. 
Information about the manufacture of the drug product under 21 CFR part 
211 has been approved under OMB control number 0910-0139.

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.regulations.gov.

    Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20790 Filed 9-24-18; 8:45 am]
 BILLING CODE 4164-01-P



                                               48432                     Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               DEPARTMENT OF HEALTH AND                                   • Mail/Hand Delivery/Courier (for                  Staff, 5630 Fishers Lane, Rm. 1061,
                                               HUMAN SERVICES                                          written/paper submissions): Dockets                   Rockville, MD 20852.
                                                                                                       Management Staff (HFA–305), Food and                    You may submit comments on any
                                               Food and Drug Administration                            Drug Administration, 5630 Fishers                     guidance at any time (see 21 CFR
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.                  10.115(g)(5)).
                                               [Docket No. FDA–2014–D–0725]                               • For written/paper comments                         Submit written requests for single
                                                                                                       submitted to the Dockets Management                   copies of this guidance to the Division
                                               Abbreviated New Drug Application                        Staff, FDA will post your comment, as                 of Drug Information, Center for Drug
                                               Submissions—Content and Format;                         well as any attachments, except for                   Evaluation and Research, Food and
                                               Guidance for Industry; Availability                     information submitted, marked and                     Drug Administration, 10001 New
                                               AGENCY:    Food and Drug Administration,                identified, as confidential, if submitted             Hampshire Ave., Hillandale Building,
                                               HHS.                                                    as detailed in ‘‘Instructions.’’                      4th Floor, Silver Spring, MD 20993–
                                                                                                          Instructions: All submissions received             0002. Send one self-addressed adhesive
                                               ACTION:   Notice of availability.
                                                                                                       must include the Docket No. FDA–                      label to assist that office in processing
                                               SUMMARY:   The Food and Drug                            2014–D–0725 for ‘‘ANDA                                your requests. See the SUPPLEMENTARY
                                               Administration (FDA or Agency) is                       Submissions—Content and Format.’’                     INFORMATION section for electronic
                                               announcing the availability of a final                  Received comments will be placed in                   access to the guidance document.
                                               guidance for industry entitled ‘‘ANDA                   the docket and, except for those
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               Submissions—Content and Format.’’                       submitted as ‘‘Confidential
                                                                                                                                                             Elizabeth Giaquinto Friedman, Center
                                               This guidance is intended to assist                     Submissions,’’ publicly viewable at
                                                                                                                                                             for Drug Evaluation and Research, Food
                                               applicants in preparing abbreviated new                 https://www.regulations.gov or at the
                                                                                                                                                             and Drug Administration, 10903 New
                                               drug applications (ANDAs) for                           Dockets Management Staff between 9
                                                                                                                                                             Hampshire Ave., Silver Spring, MD
                                               submission to FDA under the Federal                     a.m. and 4 p.m., Monday through
                                                                                                                                                             20993, 240–402–7930.
                                               Food, Drug and Cosmetic Act (the FD&C                   Friday.
                                                                                                          • Confidential Submissions—To                      SUPPLEMENTARY INFORMATION:
                                               Act).
                                                                                                       submit a comment with confidential                    I. Background
                                               DATES: The announcement of the                          information that you do not wish to be
                                               guidance is published in the Federal                    made publicly available, submit your                    FDA is announcing the availability of
                                               Register on September 25, 2018.                         comments only as a written/paper                      a guidance for industry entitled ‘‘ANDA
                                               ADDRESSES: You may submit either                        submission. You should submit two                     Submissions—Content and Format of
                                               electronic or written comments on                       copies total. One copy will include the               Abbreviated New Drug Applications.’’
                                               Agency guidances at any time as                         information you claim to be confidential              This guidance is intended to assist
                                               follows:                                                with a heading or cover note that states              applicants in preparing ANDAs for
                                                                                                       ‘‘THIS DOCUMENT CONTAINS                              submission to FDA under section 505(j)
                                               Electronic Submissions                                                                                        of the FD&C Act (21 U.S.C. 355(j)). This
                                                                                                       CONFIDENTIAL INFORMATION.’’ The
                                                 Submit electronic comments in the                     Agency will review this copy, including               guidance details the information that
                                               following way:                                          the claimed confidential information, in              should be provided in each section of
                                                 • Federal eRulemaking Portal:                         its consideration of comments. The                    the common technical document format
                                               https://www.regulations.gov. Follow the                 second copy, which will have the                      for human pharmaceutical product
                                               instructions for submitting comments.                   claimed confidential information                      applications and identifies supporting
                                               Comments submitted electronically,                      redacted/blacked out, will be available               guidance documents and
                                               including attachments, to https://                      for public viewing and posted on                      recommendations issued by FDA to
                                               www.regulations.gov will be posted to                   https://www.regulations.gov. Submit                   assist applicants in preparing their
                                               the docket unchanged. Because your                      both copies to the Dockets Management                 ANDA submission.
                                               comment will be made public, you are                    Staff. If you do not wish your name and                 This guidance identifies the
                                               solely responsible for ensuring that your               contact information to be made publicly               information an applicant should include
                                               comment does not include any                            available, you can provide this                       to ensure that a complete, high-quality
                                               confidential information that you or a                  information on the cover sheet and not                application is submitted to FDA. FDA
                                               third party may not wish to be posted,                  in the body of your comments and you                  has previously published guidance
                                               such as medical information, your or                    must identify this information as                     documents on the filing process,
                                               anyone else’s Social Security number, or                ‘‘confidential.’’ Any information marked              including the guidances for industry
                                               confidential business information, such                 as ‘‘confidential’’ will not be disclosed             about refuse-to-receive standards and
                                               as a manufacturing process. Please note                 except in accordance with 21 CFR 10.20                common, recurring deficiencies, which
                                               that if you include your name, contact                  and other applicable disclosure law. For              should be reviewed thoroughly prior to
                                               information, or other information that                  more information about FDA’s posting                  submission of an ANDA.
                                               identifies you in the body of your                      of comments to public dockets, see 80                   In the Federal Register of June 12,
                                               comments, that information will be                      FR 56469, September 18, 2015, or access               2014 (79 FR 33758), FDA issued the
                                               posted on https://www.regulations.gov.                  the information at: https://www.gpo.gov/              draft guidance for industry ‘‘ANDA
                                                 • If you want to submit a comment                     fdsys/pkg/FR-2015-09-18/pdf/2015-                     Submissions—Content and Format of
                                               with confidential information that you                  23389.pdf.                                            Abbreviated New Drug Applications.’’
                                               do not wish to be made available to the                    Docket: For access to the docket to                FDA carefully considered the comments
                                               public, submit the comment as a                         read background documents or the                      received on the draft guidance, and,
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                                               written/paper submission and in the                     electronic and written/paper comments                 where possible, has incorporated into
                                               manner detailed (see ‘‘Written/Paper                    received, go to https://                              the final guidance additional detailed
                                               Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                    discussion of our current thinking on
                                                                                                       docket number, found in brackets in the               the content and format of ANDAs
                                               Written/Paper Submissions                               heading of this document, into the                    submitted to FDA for review.
                                                 Submit written/paper submissions as                   ‘‘Search’’ box and follow the prompts                   This guidance is being issued
                                               follows:                                                and/or go to the Dockets Management                   consistent with FDA’s good guidance


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                                                                         Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                          48433

                                               practices regulation (21 CFR 10.115).                     Dated: September 19, 2018.                            • Federal eRulemaking Portal:
                                               The guidance represents the current                     Leslie Kux,                                           https://www.regulations.gov. Follow the
                                               thinking of FDA on the content and                      Associate Commissioner for Policy.                    instructions for submitting comments.
                                               format of ANDA submissions. It does                     [FR Doc. 2018–20790 Filed 9–24–18; 8:45 am]           Comments submitted electronically,
                                               not establish any rights for any person                 BILLING CODE 4164–01–P                                including attachments, to https://
                                               and is not binding on FDA or the public.                                                                      www.regulations.gov will be posted to
                                               You can use an alternative approach if                                                                        the docket unchanged. Because your
                                               it satisfies the requirements of the                    DEPARTMENT OF HEALTH AND                              comment will be made public, you are
                                               applicable statutes and regulations. This               HUMAN SERVICES                                        solely responsible for ensuring that your
                                               guidance is not subject to Executive                                                                          comment does not include any
                                               Order 12866.                                            Food and Drug Administration                          confidential information that you or a
                                                                                                       [Docket No. FDA–2018–N–3344]                          third party may not wish to be posted,
                                               II. Paperwork Reduction Act of 1995                                                                           such as medical information, your or
                                                                                                       Agency Information Collection                         anyone else’s Social Security number, or
                                                 This guidance refers to previously                                                                          confidential business information, such
                                                                                                       Activities; Proposed Collection;
                                               approved collections of information                                                                           as a manufacturing process. Please note
                                                                                                       Comment Request; Adverse Event
                                               found in FDA regulations. These                                                                               that if you include your name, contact
                                                                                                       Reporting and Recordkeeping for
                                               collections of information are subject to               Dietary Supplements as Required by                    information, or other information that
                                               review by the Office of Management and                  the Dietary Supplement and                            identifies you in the body of your
                                               Budget (OMB) under the Paperwork                        Nonprescription Drug Consumer                         comments, that information will be
                                               Reduction Act of 1995 (44 U.S.C. 3501–                  Protection Act                                        posted on https://www.regulations.gov.
                                               3520). The collections of information in                                                                        • If you want to submit a comment
                                               21 CFR 314 (including subpart C)                        AGENCY:    Food and Drug Administration,              with confidential information that you
                                               related to the content and format of                    HHS.                                                  do not wish to be made available to the
                                               ANDAs submitted by applicants and                       ACTION:   Notice.                                     public, submit the comment as a
                                               approved by FDA is approved under                                                                             written/paper submission and in the
                                                                                                       SUMMARY:    The Food and Drug
                                               OMB control number 0910–0001.                                                                                 manner detailed (see ‘‘Written/Paper
                                                                                                       Administration (FDA, Agency, or we) is
                                               Applicant submission of controlled                                                                            Submissions’’ and ‘‘Instructions’’).
                                                                                                       announcing an opportunity for public
                                               correspondence related to generic drug                  comment on the proposed collection of                 Written/Paper Submissions
                                               development and FDA approval is                         certain information by the Agency.
                                               approved under OMB control number                                                                                Submit written/paper submissions as
                                                                                                       Under the Paperwork Reduction Act of                  follows:
                                               0910–0797.                                              1995 (PRA), Federal Agencies are                         • Mail/Hand delivery/Courier (for
                                                 The collection of information for                     required to publish notice in the                     written/paper submissions): Dockets
                                               Form FDA 356h (NDA and ANDA cover                       Federal Register concerning each                      Management Staff (HFA–305), Food and
                                               sheet) has been approved under OMB                      proposed collection of information,                   Drug Administration, 5630 Fishers
                                               control number 0910–0338. The                           including each proposed extension of an               Lane, Rm. 1061, Rockville, MD 20852.
                                               collection of information for Form FDA                  existing collection of information, and                  • For written/paper comments
                                               3674 (application certification) has been               to allow 60 days for public comment in                submitted to the Dockets Management
                                               approved under OMB control number                       response to the notice. This notice                   Staff, FDA will post your comment, as
                                               0910–0616. The collection of                            solicits comments on the collection of                well as any attachments, except for
                                               information for Form FDA 3794                           information associated with adverse                   information submitted, marked and
                                               (GDUFA cover sheet) has been approved                   event reporting and recordkeeping for                 identified, as confidential, if submitted
                                               under OMB control number 0910–0727.                     dietary supplements as required by the                as detailed in ‘‘Instructions.’’
                                               The collection of information for Form                  Dietary Supplement and                                   Instructions: All submissions received
                                               FDA 3454 and Form FDA 3455 (clinical                    Nonprescription Drug Consumer                         must include the Docket No. FDA–
                                               investigator financial interest) has been               Protection Act (DSNDCPA).                             2018–N–3344 for ‘‘Agency Information
                                               approved under control number 0910–                     DATES: Submit either electronic or                    Collection Activities; Proposed
                                               0396.                                                   written comments on the collection of                 Collection; Comment Request; Adverse
                                                                                                       information by November 26, 2018.                     Event Reporting and Recordkeeping for
                                                 The submission of petitions under 21
                                                                                                       ADDRESSES: You may submit comments                    Dietary Supplements as Required by the
                                               CFR part 10 (Administrative Practices
                                                                                                       as follows. Please note that late,                    Dietary Supplement and
                                               and Procedures) has been approved
                                                                                                       untimely filed comments will not be                   Nonprescription Drug Consumer
                                               under OMB control number 0910–0191.
                                                                                                       considered. Electronic comments must                  Protection Act.’’ Received comments,
                                               The collection information in 21 CFR
                                                                                                       be submitted on or before November 26,                those filed in a timely manner (see
                                               part 11 (electronic records) has been
                                                                                                       2018. The https://www.regulations.gov                 ADDRESSES), will be placed in the docket
                                               approved under OMB control number
                                                                                                       electronic filing system will accept                  and, except for those submitted as
                                               0910–0303. Information about the
                                                                                                       comments until midnight Eastern Time                  ‘‘Confidential Submissions,’’ publicly
                                               manufacture of the drug product under
                                                                                                       at the end of November 26, 2018.                      viewable at https://www.regulations.gov
                                               21 CFR part 211 has been approved
                                                                                                       Comments received by mail/hand                        or at the Dockets Management Staff
                                               under OMB control number 0910–0139.                                                                           between 9 a.m. and 4 p.m., Monday
                                                                                                       delivery/courier (for written/paper
                                               III. Electronic Access                                  submissions) will be considered timely                through Friday.
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                                                                                                       if they are postmarked or the delivery                   • Confidential Submissions—To
                                                 Persons with access to the internet                   service acceptance receipt is on or                   submit a comment with confidential
                                               may obtain the guidance at either                       before that date.                                     information that you do not wish to be
                                               https://www.fda.gov/Drugs/Guidance                                                                            made publicly available, submit your
                                               ComplianceRegulatoryInformation/                        Electronic Submissions                                comments only as a written/paper
                                               Guidances/default.htm or https://                         Submit electronic comments in the                   submission. You should submit two
                                               www.regulations.gov.                                    following way:                                        copies total. One copy will include the


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Document Created: 2018-09-25 00:21:43
Document Modified: 2018-09-25 00:21:43
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 September 25, 2018.
ContactElizabeth Giaquinto Friedman, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993, 240-402-7930.
FR Citation83 FR 48432 

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