83_FR_49590 83 FR 49400 - Adaptive Designs for Clinical Trials of Drugs and Biologics; Draft Guidance for Industry; Availability

83 FR 49400 - Adaptive Designs for Clinical Trials of Drugs and Biologics; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 190 (October 1, 2018)

Page Range49400-49403
FR Document2018-21314

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Adaptive Designs for Clinical Trials of Drugs and Biologics.'' This document provides guidance to sponsors and applicants submitting investigational new drug applications (INDs), new drug applications (NDAs), biologics license applications (BLAs), or supplemental applications on the appropriate use of adaptive designs for clinical trials to provide evidence of the effectiveness and safety of a drug or biologic. The guidance describes the basic principles for designing, conducting, and reporting the results from an adaptive clinical trial. The draft guidance will replace the 2010 draft guidance for industry entitled ``Adaptive Design Clinical Trials for Drugs and Biologics.''

Federal Register, Volume 83 Issue 190 (Monday, October 1, 2018)
[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Notices]
[Pages 49400-49403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21314]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3124]


Adaptive Designs for Clinical Trials of Drugs and Biologics; 
Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Adaptive 
Designs for Clinical Trials of Drugs and Biologics.'' This document 
provides guidance to sponsors and applicants submitting investigational 
new drug applications (INDs), new drug applications (NDAs), biologics 
license applications (BLAs), or supplemental applications on the 
appropriate use of adaptive designs for clinical trials to provide 
evidence of the effectiveness and safety of a drug or biologic. The 
guidance describes the basic principles for designing, conducting, and 
reporting the results from an adaptive clinical trial. The draft 
guidance will replace the 2010 draft guidance for industry entitled 
``Adaptive Design Clinical Trials for Drugs and Biologics.''

DATES: Submit either electronic or written comments on the draft 
guidance by November 30, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance 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-2018-D-3124 for ``Adaptive Designs for Clinical Trials of Drugs and 
Biologics; Draft Guidance for Industry.'' 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 office 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 the draft 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, 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. The guidance may also be obtained by mail by calling 
CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the draft guidance 
document.

FOR FURTHER INFORMATION CONTACT: Scott Goldie, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 21, Rm. 3557, Silver Spring, MD 20993-0002, 301-
794-2055; 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 draft guidance for industry 
entitled ``Adaptive Designs for Clinical Trials of Drugs and 
Biologics.'' This document provides guidance to sponsors and applicants 
submitting INDs, NDAs, BLAs, or supplemental applications on the 
appropriate use of adaptive designs

[[Page 49401]]

for clinical trials to provide evidence of the effectiveness and safety 
of a drug or biologic. The guidance describes the basic principles for 
designing, conducting, and reporting the results from an adaptive 
clinical trial. The guidance also advises sponsors on the types of 
information FDA needs to evaluate the results from clinical trials with 
adaptive designs, including Bayesian adaptive designs and complex 
designs that rely on computer simulations for their design. This 
guidance meets FDA's performance commitment under PDUFA (Prescription 
Drug User Fee Act) VI to publish draft guidance on complex adaptive 
(including Bayesian adaptive) trial designs by the end of fiscal year 
2018.
    The primary focus of this guidance is on adaptive designs for 
clinical trials intended to support the effectiveness and safety of 
drugs or biologics. The concepts discussed are also useful for early 
phase or exploratory clinical trials as well as trials conducted to 
satisfy postmarketing commitments or requirements. The draft guidance 
will replace the 2010 draft guidance for industry entitled ``Adaptive 
Design Clinical Trials for Drugs and Biologics.''
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on ``Adaptive 
Designs for Clinical Trials of Drugs and Biologics.'' 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

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal Agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information that 
they conduct or sponsor. ``Collection of information'' is defined in 44 
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. Section 3506(c)(2)(A) of the 
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 
60-day notice in the Federal Register for each proposed collection of 
information before submitting the collection to OMB for approval. To 
comply with this requirement, FDA is publishing this notice of the 
proposed collection of information set forth in this document.
    With respect to the collection of information associated with this 
draft guidance, FDA invites comments on the following topics: (1) 
Whether the proposed information collected is necessary for the proper 
performance of FDA's functions, including whether the information will 
have practical utility; (2) the accuracy of FDA's estimated burden of 
the proposed information collected, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information collected; and (4) ways to 
minimize the burden of information collected on the respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.
    The draft guidance discusses several collections of information 
that have been approved by OMB. For example, the draft guidance 
explains that sponsors who have questions about adaptive design 
elements in an early-phase exploratory trial should seek FDA feedback 
by either identifying specific questions in a submission containing the 
protocol or by requesting a meeting to discuss those questions. 
Discussion of the plans for an adaptive trial can be the basis for 
requesting a Type C meeting. Regulatory mechanisms for obtaining 
formal, substantive feedback from FDA on clinical trials may also 
include end-of-phase 2 meetings. The draft guidance also recommends 
that special protocol assessments (given the 45-day response timeline) 
are submitted for trials with complex adaptive designs only if there 
has been extensive previous discussion between FDA and the sponsor 
regarding the proposed trial and design. The draft guidance explains 
that in their submissions, the sponsors should pre-specify the details 
of the adaptive design and provide justification that the chances of 
erroneous conclusions will be adequately controlled, estimation of 
treatment effects will be sufficiently reliable, and trial integrity 
will be appropriately maintained. The draft guidance notes that the 
sponsor should advise FDA during the course of a trial of any proposed 
changes to the trial design (usually through protocol amendments), and 
that FDA may request that the sponsor submit minutes from open sessions 
of a monitoring committee during an ongoing trial.
    FDA has OMB approval under the PRA for the submission of INDs, 
including protocol amendments and information amendments, in 21 CFR 
part 312, subpart B, and sponsors may request comment and advice on an 
IND as well as request meetings with FDA under subpart C (OMB control 
number 0910-0014). In addition, the following collections of 
information that have been approved by OMB would cover other 
submissions discussed in the draft guidance:
     Guidance for industry on formal meetings with sponsors and 
applicants for PDUFA products (OMB control number 0910-0429);
     Guidance for Industry on special protocol assessment (OMB 
control number 0910-0470);
     Guidance for industry on clinical trial data monitoring 
committees (OMB control number 0910-0581);
     Guidance for industry on oversight of clinical 
investigations (OMB control number 0910-0733);
     International Council for Harmonization guidance for 
industry ``E6(R2) Good Clinical Practice'' (OMB control number 0910-
0843);
     Protection of Human Subjects: Informed Consent; 
Institutional Review Boards (21 CFR parts 50 and 56) (OMB control 
number 0910-0755);
     Institutional Review Boards (21 CFR 56.115) (OMB control 
number 0910-0130); and
     Requirements on Content and Format of Labeling for Human 
Prescription Drug and Biological Products (OMB control number 0910-
0572).
    In addition, the submission of NDAs, including 21 CFR 314.50(d)(5) 
(clinical data section) and (d)(6) (statistical section), has been 
approved under OMB control number 0910-0001. The submission of BLAs and 
their supplements has been approved under OMB control number 0910-0338.
    The draft guidance also requests the submission of information that 
has not been approved by OMB under the PRA.
    In section VIII.B, the draft guidance states that the documented 
plan for a clinical trial with a proposed adaptive design should 
include the information described below. The information could be 
included in the clinical trial protocol and/or in separate documents, 
such as a statistical analysis plan, a data monitoring committee (DMC) 
charter, or an adaptation committee charter. Although different types 
of information might be included in different documents, all important 
information described below should be submitted to FDA during the 
design stage so that FDA has sufficient time to provide feedback prior 
to initiation of the clinical trial:
     A rationale for the selected design;
     A detailed description of the monitoring and adaptation 
plan, including the anticipated number and

[[Page 49402]]

timing of interim analyses, the specific aspects of the design that may 
be modified, and the specific rule that will be used to make adaptation 
decisions;
     Information on the roles of the bodies responsible for 
implementing the adaptive design, such as the DMC and/or the dedicated 
adaptation committee;
     Pre-specification of the statistical methods that will be 
used to produce interim results and guide adaptation decisions, and to 
carry out hypothesis tests, estimate treatment effects, and estimate 
uncertainty in treatment effect estimates at the end of the trial;
     Evaluation and discussion of the design operating 
characteristics;
     When simulations are the primary or sole technique for 
evaluating trial operating characteristics, a detailed simulation 
report should be submitted, including:
    [cir] An overall description of the trial design;
    [cir] Example trials, in which a small number of hypothetical 
trials are described with different conclusions, such as a positive 
trial with the original sample size, a trial stopped for futility after 
the first interim look, a positive trial after increasing the sample 
size;
    [cir] A description of the set of parameter configurations used for 
the simulation scenarios, including a justification of the adequacy of 
the choices;
    [cir] Simulation results detailing the estimated Type I error 
probability and power under the various scenarios;
    [cir] Simulation code that is readable and adequately commented and 
should include the random seeds used to generate the simulation 
results;
    [cir] A summary providing overall conclusions.
     A comprehensive written data access plan defining how 
trial integrity will be maintained in the presence of the planned 
adaptations. This documentation should include the following 
information: (1) The personnel who will perform the interim analyses; 
(2) the personnel who will have access to interim results; (3) how that 
access will be controlled; (4) how adaptive decisions will be made; and 
(5) what type of information will be disseminated following adaptive 
decisions, and to whom it will be disseminated. The data access plan 
should describe what information, under what circumstances, is 
permitted to be passed to the sponsor or investigators. In addition, it 
is recommended that sponsors establish procedures to evaluate 
compliance with the data access plan and to document all interim 
meetings of the committee tasked with making adaptation decisions, 
i.e., the DMC or other adaptation committee (e.g., with written minutes 
describing what was reviewed, discussed, and decided).
    In section VIII.C, the draft guidance states that a marketing 
application to FDA that relies on a trial with an adaptive design 
should include, in addition to the typical content of that marketing 
application, sufficient information and documentation to allow FDA to 
thoroughly review the results, including:
     All prospective plans, any relevant committee charters 
(e.g., the DMC or adaptation committee charter), and any supporting 
documentation (e.g., literature references, programming code, 
simulation report);
     Information on compliance with the planned adaptation rule 
and with the procedures outlined in the data access plan to maintain 
trial integrity;
     Records of deliberations and participants for any interim 
discussions by any committees involved in the adaptive process;
     Results of the interim analyses used for the adaptation 
decisions;
     Appropriate reporting of the adaptive design and trial 
results in the proposed package insert. For example, the trial summary 
should describe the adaptive design utilized. In addition, treatment 
effect estimates should appropriately take the design into account, or 
if na[iuml]ve estimates such as unadjusted sample means are used, the 
extent of bias should be evaluated and estimates should be presented 
with appropriate cautions regarding their interpretation.
    Based on our review of INDs, NDAs, BLAs, and supplemental 
applications for the use of adaptive designs for clinical trials to 
provide evidence of effectiveness and safety, we estimate that 
approximately 40 sponsors or applicants (``number of respondents'' in 
table 1, row 1) will prepare approximately 240 documented plans for 
clinical trials containing a proposed adaptive design and analysis plan 
and will submit this information to FDA in a clinical trial protocol 
and/or in separate documents such as a statistical analysis plan, a DMC 
charter, or an adaptation committee charter (``total annual responses'' 
in table 1, row 1), and that preparing and submitting this information 
will take approximately 50 hours per sponsor or applicant (``average 
burden per response'' in table 1, row 1).
    In addition, we estimate that approximately 15 sponsors or 
applicants (``number of respondents'' in table 1, row 2) will prepare 
and submit to FDA approximately 20 marketing applications that rely on 
a trial with an adaptive design (``total annual responses'' in table 1, 
row 2), and that preparing and submitting this information will take 
approximately 50 hours per sponsor or applicant (``average burden per 
response'' in table 1, row 2).
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Guidance on adaptive designs for                     Number of                        Average
  clinical trials of drugs and       Number of     responses per   Total  annual    burden per      Total hours
            biologics               respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Clinical trial protocols and                  40               6             240              50          12,000
 related submissions to FDA with
 an adaptive design and analysis
 plan should contain the
 information in section VIII.B..
Marketing applications that rely              15            1.33              20              50           1,000
 on studies with an adaptive
 design should contain the
 information in section VIII.C..
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          13,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


[[Page 49403]]

III. Electronic Access

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

    Dated: September 25, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-21314 Filed 9-28-18; 8:45 am]
 BILLING CODE 4164-01-P



                                             49400                        Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices

                                               Dated: September 25, 2018.                            confidential business information, such               as ‘‘confidential’’ will not be disclosed
                                             Leslie Kux,                                             as a manufacturing process. Please note               except in accordance with 21 CFR 10.20
                                             Associate Commissioner for Policy.                      that if you include your name, contact                and other applicable disclosure law. For
                                             [FR Doc. 2018–21313 Filed 9–28–18; 8:45 am]             information, or other information that                more information about FDA’s posting
                                             BILLING CODE 4164–01–P                                  identifies you in the body of your                    of comments to public dockets, see 80
                                                                                                     comments, that information will be                    FR 56469, September 18, 2015, or access
                                                                                                     posted on https://www.regulations.gov.                the information at: https://www.gpo.gov/
                                             DEPARTMENT OF HEALTH AND                                  • If you want to submit a comment                   fdsys/pkg/FR-2015-09-18/pdf/2015-
                                             HUMAN SERVICES                                          with confidential information that you                23389.pdf.
                                                                                                     do not wish to be made available to the                  Docket: For access to the docket to
                                             Food and Drug Administration                            public, submit the comment as a                       read background documents or the
                                             [Docket No. FDA–2018–D–3124]
                                                                                                     written/paper submission and in the                   electronic and written/paper comments
                                                                                                     manner detailed (see ‘‘Written/Paper                  received, go to https://
                                             Adaptive Designs for Clinical Trials of                 Submissions’’ and ‘‘Instructions’’).                  www.regulations.gov and insert the
                                             Drugs and Biologics; Draft Guidance                     Written/Paper Submissions                             docket number, found in brackets in the
                                             for Industry; Availability                                                                                    heading of this document, into the
                                                                                                        Submit written/paper submissions as                ‘‘Search’’ box and follow the prompts
                                             AGENCY:    Food and Drug Administration,                follows:                                              and/or go to the Dockets Management
                                             HHS.                                                       • Mail/Hand delivery/Courier (for
                                                                                                                                                           Staff, 5630 Fishers Lane, Rm. 1061,
                                             ACTION:   Notice of availability.                       written/paper submissions): Dockets
                                                                                                                                                           Rockville, MD 20852.
                                                                                                     Management Staff (HFA–305), Food and
                                             SUMMARY:   The Food and Drug                                                                                     You may submit comments on any
                                                                                                     Drug Administration, 5630 Fishers
                                             Administration (FDA or Agency) is                                                                             guidance at any time (see 21 CFR
                                                                                                     Lane, Rm. 1061, Rockville, MD 20852.
                                             announcing the availability of a draft                     • For written/paper comments                       10.115(g)(5)).
                                             guidance for industry entitled                          submitted to the Dockets Management                      Submit written requests for single
                                             ‘‘Adaptive Designs for Clinical Trials of               Staff, FDA will post your comment, as                 copies of the draft guidance to the
                                             Drugs and Biologics.’’ This document                    well as any attachments, except for                   Division of Drug Information, Center for
                                             provides guidance to sponsors and                       information submitted, marked and                     Drug Evaluation and Research, Food
                                             applicants submitting investigational                   identified, as confidential, if submitted             and Drug Administration, 10001 New
                                             new drug applications (INDs), new drug                  as detailed in ‘‘Instructions.’’                      Hampshire Ave., Hillandale Building,
                                             applications (NDAs), biologics license                     Instructions: All submissions received             4th Floor, Silver Spring, MD 20993–
                                             applications (BLAs), or supplemental                    must include the Docket No. FDA–                      0002; or to the Office of
                                             applications on the appropriate use of                  2018–D–3124 for ‘‘Adaptive Designs for                Communication, Outreach and
                                             adaptive designs for clinical trials to                 Clinical Trials of Drugs and Biologics;               Development, Center for Biologics
                                             provide evidence of the effectiveness                   Draft Guidance for Industry.’’ Received               Evaluation and Research, Food and
                                             and safety of a drug or biologic. The                   comments will be placed in the docket                 Drug Administration, 10903 New
                                             guidance describes the basic principles                 and, except for those submitted as                    Hampshire Ave., Bldg. 71, Rm. 3128,
                                             for designing, conducting, and reporting                ‘‘Confidential Submissions,’’ publicly                Silver Spring, MD 20993–0002. Send
                                             the results from an adaptive clinical                   viewable at https://www.regulations.gov               one self-addressed adhesive label to
                                             trial. The draft guidance will replace the              or at the Dockets Management Staff                    assist that office in processing your
                                             2010 draft guidance for industry entitled               office between 9 a.m. and 4 p.m.,                     requests. The guidance may also be
                                             ‘‘Adaptive Design Clinical Trials for                   Monday through Friday.                                obtained by mail by calling CBER at 1–
                                             Drugs and Biologics.’’                                     • Confidential Submissions—To                      800–835–4709 or 240–402–8010. See
                                             DATES: Submit either electronic or                      submit a comment with confidential                    the SUPPLEMENTARY INFORMATION section
                                             written comments on the draft guidance                  information that you do not wish to be                for electronic access to the draft
                                             by November 30, 2018 to ensure that the                 made publicly available, submit your                  guidance document.
                                             Agency considers your comment on this                   comments only as a written/paper                      FOR FURTHER INFORMATION CONTACT:
                                             draft guidance before it begins work on                 submission. You should submit two                     Scott Goldie, Center for Drug Evaluation
                                             the final version of the guidance.                      copies total. One copy will include the               and Research, Food and Drug
                                             ADDRESSES: You may submit comments                      information you claim to be confidential              Administration, 10903 New Hampshire
                                             on any guidance at any time as follows:                 with a heading or cover note that states              Ave., Bldg. 21, Rm. 3557, Silver Spring,
                                                                                                     ‘‘THIS DOCUMENT CONTAINS                              MD 20993–0002, 301–794–2055; or
                                             Electronic Submissions                                  CONFIDENTIAL INFORMATION.’’ The                       Stephen Ripley, Center for Biologics
                                               Submit electronic comments in the                     Agency will review this copy, including               Evaluation and Research, Food and
                                             following way:                                          the claimed confidential information, in              Drug Administration, 10903 New
                                               • Federal eRulemaking Portal:                         its consideration of comments. The                    Hampshire Ave., Bldg. 71, Rm. 7301,
                                             https://www.regulations.gov. Follow the                 second copy, which will have the                      Silver Spring, MD 20993–0002, 240–
                                             instructions for submitting comments.                   claimed confidential information                      402–7911.
                                             Comments submitted electronically,                      redacted/blacked out, will be available               SUPPLEMENTARY INFORMATION:
                                             including attachments, to https://                      for public viewing and posted on
                                             www.regulations.gov will be posted to                   https://www.regulations.gov. Submit                   I. Background
                                             the docket unchanged. Because your                      both copies to the Dockets Management                    FDA is announcing the availability of
amozie on DSK3GDR082PROD with NOTICES




                                             comment will be made public, you are                    Staff. If you do not wish your name and               a draft guidance for industry entitled
                                             solely responsible for ensuring that your               contact information to be made publicly               ‘‘Adaptive Designs for Clinical Trials of
                                             comment does not include any                            available, you can provide this                       Drugs and Biologics.’’ This document
                                             confidential information that you or a                  information on the cover sheet and not                provides guidance to sponsors and
                                             third party may not wish to be posted,                  in the body of your comments and you                  applicants submitting INDs, NDAs,
                                             such as medical information, your or                    must identify this information as                     BLAs, or supplemental applications on
                                             anyone else’s Social Security number, or                ‘‘confidential.’’ Any information marked              the appropriate use of adaptive designs


                                        VerDate Sep<11>2014   17:50 Sep 28, 2018   Jkt 247001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\01OCN1.SGM   01OCN1


                                                                          Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices                                            49401

                                             for clinical trials to provide evidence of              notice of the proposed collection of                  as well as request meetings with FDA
                                             the effectiveness and safety of a drug or               information set forth in this document.               under subpart C (OMB control number
                                             biologic. The guidance describes the                       With respect to the collection of                  0910–0014). In addition, the following
                                             basic principles for designing,                         information associated with this draft                collections of information that have
                                             conducting, and reporting the results                   guidance, FDA invites comments on the                 been approved by OMB would cover
                                             from an adaptive clinical trial. The                    following topics: (1) Whether the                     other submissions discussed in the draft
                                             guidance also advises sponsors on the                   proposed information collected is                     guidance:
                                             types of information FDA needs to                       necessary for the proper performance of                  • Guidance for industry on formal
                                             evaluate the results from clinical trials               FDA’s functions, including whether the                meetings with sponsors and applicants
                                             with adaptive designs, including                        information will have practical utility;              for PDUFA products (OMB control
                                             Bayesian adaptive designs and complex                   (2) the accuracy of FDA’s estimated                   number 0910–0429);
                                             designs that rely on computer                           burden of the proposed information                       • Guidance for Industry on special
                                             simulations for their design. This                      collected, including the validity of the              protocol assessment (OMB control
                                             guidance meets FDA’s performance                        methodology and assumptions used; (3)                 number 0910–0470);
                                             commitment under PDUFA                                  ways to enhance the quality, utility, and                • Guidance for industry on clinical
                                             (Prescription Drug User Fee Act) VI to                  clarity of the information collected; and             trial data monitoring committees (OMB
                                             publish draft guidance on complex                       (4) ways to minimize the burden of                    control number 0910–0581);
                                             adaptive (including Bayesian adaptive)                  information collected on the                             • Guidance for industry on oversight
                                             trial designs by the end of fiscal year                 respondents, including through the use                of clinical investigations (OMB control
                                             2018.                                                   of automated collection techniques,                   number 0910–0733);
                                                The primary focus of this guidance is                when appropriate, and other forms of                     • International Council for
                                             on adaptive designs for clinical trials                 information technology.                               Harmonization guidance for industry
                                                                                                        The draft guidance discusses several               ‘‘E6(R2) Good Clinical Practice’’ (OMB
                                             intended to support the effectiveness
                                                                                                     collections of information that have                  control number 0910–0843);
                                             and safety of drugs or biologics. The
                                                                                                     been approved by OMB. For example,                       • Protection of Human Subjects:
                                             concepts discussed are also useful for
                                                                                                     the draft guidance explains that                      Informed Consent; Institutional Review
                                             early phase or exploratory clinical trials
                                                                                                     sponsors who have questions about                     Boards (21 CFR parts 50 and 56) (OMB
                                             as well as trials conducted to satisfy
                                                                                                     adaptive design elements in an early-                 control number 0910–0755);
                                             postmarketing commitments or
                                                                                                     phase exploratory trial should seek FDA                  • Institutional Review Boards (21
                                             requirements. The draft guidance will
                                                                                                     feedback by either identifying specific               CFR 56.115) (OMB control number
                                             replace the 2010 draft guidance for
                                                                                                     questions in a submission containing                  0910–0130); and
                                             industry entitled ‘‘Adaptive Design                     the protocol or by requesting a meeting                  • Requirements on Content and
                                             Clinical Trials for Drugs and Biologics.’’              to discuss those questions. Discussion of             Format of Labeling for Human
                                                This draft guidance is being issued                  the plans for an adaptive trial can be the            Prescription Drug and Biological
                                             consistent with FDA’s good guidance                     basis for requesting a Type C meeting.                Products (OMB control number 0910–
                                             practices regulation (21 CFR 10.115).                   Regulatory mechanisms for obtaining                   0572).
                                             The draft guidance, when finalized, will                formal, substantive feedback from FDA                    In addition, the submission of NDAs,
                                             represent the current thinking of FDA                   on clinical trials may also include end-              including 21 CFR 314.50(d)(5) (clinical
                                             on ‘‘Adaptive Designs for Clinical Trials               of-phase 2 meetings. The draft guidance               data section) and (d)(6) (statistical
                                             of Drugs and Biologics.’’ It does not                   also recommends that special protocol                 section), has been approved under OMB
                                             establish any rights for any person and                 assessments (given the 45-day response                control number 0910–0001. The
                                             is not binding on FDA or the public.                    timeline) are submitted for trials with               submission of BLAs and their
                                             You can use an alternative approach if                  complex adaptive designs only if there                supplements has been approved under
                                             it satisfies the requirements of the                    has been extensive previous discussion                OMB control number 0910–0338.
                                             applicable statutes and regulations. This               between FDA and the sponsor regarding                    The draft guidance also requests the
                                             guidance is not subject to Executive                    the proposed trial and design. The draft              submission of information that has not
                                             Order 12866.                                            guidance explains that in their                       been approved by OMB under the PRA.
                                             II. Paperwork Reduction Act of 1995                     submissions, the sponsors should pre-                    In section VIII.B, the draft guidance
                                                                                                     specify the details of the adaptive                   states that the documented plan for a
                                                Under the Paperwork Reduction Act                    design and provide justification that the             clinical trial with a proposed adaptive
                                             of 1995 (PRA) (44 U.S.C. 3501–3520),                    chances of erroneous conclusions will                 design should include the information
                                             Federal Agencies must obtain approval                   be adequately controlled, estimation of               described below. The information could
                                             from the Office of Management and                       treatment effects will be sufficiently                be included in the clinical trial protocol
                                             Budget (OMB) for each collection of                     reliable, and trial integrity will be                 and/or in separate documents, such as
                                             information that they conduct or                        appropriately maintained. The draft                   a statistical analysis plan, a data
                                             sponsor. ‘‘Collection of information’’ is               guidance notes that the sponsor should                monitoring committee (DMC) charter, or
                                             defined in 44 U.S.C. 3502(3) and 5 CFR                  advise FDA during the course of a trial               an adaptation committee charter.
                                             1320.3(c) and includes Agency requests                  of any proposed changes to the trial                  Although different types of information
                                             or requirements that members of the                     design (usually through protocol                      might be included in different
                                             public submit reports, keep records, or                 amendments), and that FDA may                         documents, all important information
                                             provide information to a third party.                   request that the sponsor submit minutes               described below should be submitted to
                                             Section 3506(c)(2)(A) of the PRA (44                    from open sessions of a monitoring                    FDA during the design stage so that
amozie on DSK3GDR082PROD with NOTICES




                                             U.S.C. 3506(c)(2)(A)) requires Federal                  committee during an ongoing trial.                    FDA has sufficient time to provide
                                             Agencies to provide a 60-day notice in                     FDA has OMB approval under the                     feedback prior to initiation of the
                                             the Federal Register for each proposed                  PRA for the submission of INDs,                       clinical trial:
                                             collection of information before                        including protocol amendments and                        • A rationale for the selected design;
                                             submitting the collection to OMB for                    information amendments, in 21 CFR                        • A detailed description of the
                                             approval. To comply with this                           part 312, subpart B, and sponsors may                 monitoring and adaptation plan,
                                             requirement, FDA is publishing this                     request comment and advice on an IND                  including the anticipated number and


                                        VerDate Sep<11>2014   17:50 Sep 28, 2018   Jkt 247001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\01OCN1.SGM   01OCN1


                                             49402                                   Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices

                                             timing of interim analyses, the specific                                   following information: (1) The                                              proposed package insert. For example,
                                             aspects of the design that may be                                          personnel who will perform the interim                                      the trial summary should describe the
                                             modified, and the specific rule that will                                  analyses; (2) the personnel who will                                        adaptive design utilized. In addition,
                                             be used to make adaptation decisions;                                      have access to interim results; (3) how                                     treatment effect estimates should
                                                • Information on the roles of the                                       that access will be controlled; (4) how                                     appropriately take the design into
                                             bodies responsible for implementing the                                    adaptive decisions will be made; and (5)                                    account, or if naı̈ve estimates such as
                                             adaptive design, such as the DMC and/                                      what type of information will be                                            unadjusted sample means are used, the
                                             or the dedicated adaptation committee;                                     disseminated following adaptive                                             extent of bias should be evaluated and
                                                • Pre-specification of the statistical                                  decisions, and to whom it will be                                           estimates should be presented with
                                             methods that will be used to produce                                       disseminated. The data access plan                                          appropriate cautions regarding their
                                             interim results and guide adaptation                                       should describe what information,                                           interpretation.
                                             decisions, and to carry out hypothesis                                     under what circumstances, is permitted
                                                                                                                                                                                                       Based on our review of INDs, NDAs,
                                             tests, estimate treatment effects, and                                     to be passed to the sponsor or
                                                                                                                        investigators. In addition, it is                                           BLAs, and supplemental applications
                                             estimate uncertainty in treatment effect
                                             estimates at the end of the trial;                                         recommended that sponsors establish                                         for the use of adaptive designs for
                                                • Evaluation and discussion of the                                      procedures to evaluate compliance with                                      clinical trials to provide evidence of
                                             design operating characteristics;                                          the data access plan and to document all                                    effectiveness and safety, we estimate
                                                • When simulations are the primary                                      interim meetings of the committee                                           that approximately 40 sponsors or
                                             or sole technique for evaluating trial                                     tasked with making adaptation                                               applicants (‘‘number of respondents’’ in
                                             operating characteristics, a detailed                                      decisions, i.e., the DMC or other                                           table 1, row 1) will prepare
                                             simulation report should be submitted,                                     adaptation committee (e.g., with written                                    approximately 240 documented plans
                                             including:                                                                 minutes describing what was reviewed,                                       for clinical trials containing a proposed
                                                Æ An overall description of the trial                                   discussed, and decided).                                                    adaptive design and analysis plan and
                                             design;                                                                       In section VIII.C, the draft guidance                                    will submit this information to FDA in
                                                Æ Example trials, in which a small                                      states that a marketing application to                                      a clinical trial protocol and/or in
                                             number of hypothetical trials are                                          FDA that relies on a trial with an                                          separate documents such as a statistical
                                             described with different conclusions,                                      adaptive design should include, in                                          analysis plan, a DMC charter, or an
                                             such as a positive trial with the original                                 addition to the typical content of that                                     adaptation committee charter (‘‘total
                                             sample size, a trial stopped for futility                                  marketing application, sufficient                                           annual responses’’ in table 1, row 1),
                                             after the first interim look, a positive                                   information and documentation to allow                                      and that preparing and submitting this
                                             trial after increasing the sample size;                                    FDA to thoroughly review the results,                                       information will take approximately 50
                                                Æ A description of the set of                                           including:                                                                  hours per sponsor or applicant
                                             parameter configurations used for the                                         • All prospective plans, any relevant                                    (‘‘average burden per response’’ in table
                                             simulation scenarios, including a                                          committee charters (e.g., the DMC or                                        1, row 1).
                                             justification of the adequacy of the                                       adaptation committee charter), and any                                         In addition, we estimate that
                                             choices;                                                                   supporting documentation (e.g.,                                             approximately 15 sponsors or applicants
                                                Æ Simulation results detailing the                                      literature references, programming code,                                    (‘‘number of respondents’’ in table 1,
                                             estimated Type I error probability and                                     simulation report);                                                         row 2) will prepare and submit to FDA
                                             power under the various scenarios;                                            • Information on compliance with the                                     approximately 20 marketing
                                                Æ Simulation code that is readable                                      planned adaptation rule and with the                                        applications that rely on a trial with an
                                             and adequately commented and should                                        procedures outlined in the data access                                      adaptive design (‘‘total annual
                                             include the random seeds used to                                           plan to maintain trial integrity;                                           responses’’ in table 1, row 2), and that
                                             generate the simulation results;                                              • Records of deliberations and
                                                Æ A summary providing overall                                                                                                                       preparing and submitting this
                                                                                                                        participants for any interim discussions
                                             conclusions.                                                                                                                                           information will take approximately 50
                                                                                                                        by any committees involved in the
                                                • A comprehensive written data                                                                                                                      hours per sponsor or applicant
                                                                                                                        adaptive process;
                                             access plan defining how trial integrity                                      • Results of the interim analyses used                                   (‘‘average burden per response’’ in table
                                             will be maintained in the presence of                                      for the adaptation decisions;                                               1, row 2).
                                             the planned adaptations. This                                                 • Appropriate reporting of the                                              FDA estimates the burden of this
                                             documentation should include the                                           adaptive design and trial results in the                                    collection of information as follows:

                                                                                                           TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                       Number of                      Total                     Average
                                               Guidance on adaptive designs for clinical trials of drugs                                    Number of                responses per                   annual                   burden per              Total hours
                                                                  and biologics                                                            respondents                 respondent                  responses                   response

                                             Clinical trial protocols and related submissions to FDA
                                               with an adaptive design and analysis plan should con-
                                               tain the information in section VIII.B ................................                                        40                          6                       240                          50           12,000
                                             Marketing applications that rely on studies with an adapt-
                                               ive design should contain the information in section
                                               VIII.C .................................................................................                       15                      1.33                          20                         50            1,000
amozie on DSK3GDR082PROD with NOTICES




                                                   Total ..............................................................................   ........................   ........................   ........................   ........................         13,000
                                                1 There     are no capital costs or operating and maintenance costs associated with this collection of information.




                                        VerDate Sep<11>2014         17:50 Sep 28, 2018         Jkt 247001       PO 00000       Frm 00050       Fmt 4703        Sfmt 4703      E:\FR\FM\01OCN1.SGM                01OCN1


                                                                          Federal Register / Vol. 83, No. 190 / Monday, October 1, 2018 / Notices                                              49403

                                             III. Electronic Access                                  substance abuse treatment and mental                  Qualified Health Centers (FQHC);
                                                Persons with access to the internet                  health treatment facilities known to                  Disulfiram, Naltrexone, or Acamprosate
                                             may obtain the draft guidance at https://               SAMHSA. (The N–MHSS data                              for alcohol use disorder for outpatient,
                                             www.regulations.gov, http://                            collection is covered under OMB No.                   inpatient, and residential. Also,
                                             www.fda.gov/Drugs/Guidance                              0930–0119.)                                           response categories were added to select
                                             ComplianceRegulatoryInformation/                           The information in I–BHS and                       that services are not provided, and for
                                             Guidances/default.htm, or http://                       N–SSATS is needed to assess the nature                medication services provided, an
                                             www.fda.gov/BiologicsBloodVaccines/                     and extent of these resources, to identify            ‘‘other’’ category was added.
                                             GuidanceComplianceRegulatory                            gaps in services, and to provide a                       The following items have been
                                             Information/Guidances/default.htm.                      database for treatment referrals. Both                deleted compared to the 2017
                                                                                                     I–BHS and N–SSATS are components of                   N–SSATS: Questions about religious
                                               Dated: September 25, 2018.                            the Behavioral Health Services                        affiliation, standard operating
                                             Leslie Kux,                                             Information System (BHSIS).                           procedures, outpatient capacity, how
                                             Associate Commissioner for Policy.                         The request for OMB approval will                  (paper/electronic/both) a facility
                                             [FR Doc. 2018–21314 Filed 9–28–18; 8:45 am]             include a request to update the I–BHS                 performs selected activities, and the
                                             BILLING CODE 4164–01–P                                  facility listing on a continuous basis and            item asking about Access To Recovery
                                                                                                     to conduct the N–SSATS and the                        (ATR) client payments have been
                                                                                                     between cycle N–SSATS (N–SSATS BC)                    deleted.
                                             DEPARTMENT OF HEALTH AND                                in 2019, 2020, and 2021. The N–SSATS                     The following additional changes
                                             HUMAN SERVICES                                          BC is a procedure for collecting services             have been made compared to the 2017
                                                                                                     data from newly identified facilities                 N–SSATS: Removed the asterisk from
                                             Substance Abuse and Mental Health                       between main cycles of the survey and                 the question about primary focus of
                                             Services Administration                                 will be used to improve the listing of                facilities, which means the information
                                                                                                     treatment facilities in the online                    will no longer be published on the
                                             Agency Information Collection                                                                                 N–SSATS treatment locator; reorganized
                                                                                                     Behavioral Health Treatment Services
                                             Activities: Submission for OMB                                                                                the question about services offered;
                                                                                                     Locator.
                                             Review; Comment Request                                                                                       moved the question on types of
                                                                                                     Planned Changes                                       counseling to the question about
                                               Periodically, the Substance Abuse and
                                             Mental Health Services Administration                      I–BHS: Only minor form changes                     services offered; changed the wording
                                             (SAMHSA) will publish a summary of                      corresponding with updated technology                 from Screening for Hepatitis B and C to
                                             information collection requests under                   are planned.                                          Testing for Hepatitis B and C; changed
                                             OMB review, in compliance with the                         N–SSATS: The N–SSATS with client                   ‘‘Screening for mental health disorders’’
                                             Paperwork Reduction Act (44 U.S.C.                      counts will continue to be conducted in               to ‘‘Screening for mental disorders’’;
                                             Chapter 35). To request a copy of these                 alternate years, as in the past, and the              changed the question about clinical/
                                             documents, call the SAMHSA Reports                      Treatment Locator will be updated                     therapeutic approaches to a ‘‘mark all
                                             Clearance Officer on (240) 276–1243.                    monthly.                                              that apply’’ format; changed the
                                                                                                     Version A (2019 and 2021)                             wording from ‘‘Computerized substance
                                             Project: National Survey of Substance                                                                         abuse treatment/telemedicine’’ to
                                             Abuse Treatment Services (N–SSATS)                         The following items have been added                ‘‘Telemedicine/telehealth’’; changed the
                                             (OMB No. 0930–0106)—Revision                            compared to the 2017 N–SSATS: Add                     question wording about the number of
                                                The Substance Abuse and Mental                       questions about: Where clients obtain                 outpatient clients so it states, ‘‘As of
                                             Health Services Administration                          their medications for opioid use                      March 29, 2019, how many active
                                             (SAMHSA) is requesting a revision of                    disorder if they originate elsewhere;                 clients were receiving each of the
                                             the National Survey of Substance Abuse                  how facilities treat alcohol use disorder;            following outpatient substance abuse
                                             Treatment (N–SSATS) data collection                     where clients obtain their medications                services at this facility?’’ and changed
                                             (OMB No. 0930–0106), which expires                      for alcohol use disorder if they originate            the instructions to state ‘‘An active
                                             on December 31, 2018. N–SSATS                           elsewhere; whether the facility only                  client is a client who received treatment
                                             provides both national and state-level                  treats alcohol use disorder;                          in March and is still enrolled in
                                             data on the numbers and types of                        detoxification from opioids of abuse                  treatment on March 29, 2019.’’; and
                                             patients treated and the characteristics                with lofexidine or clonidine; the percent             changed the question about halfway
                                             of facilities providing substance abuse                 of clients on MAT for opioid use                      houses so it states, ‘‘Does this facility
                                             treatment services. It is conducted                     disorder that receive maintenance                     operate transitional housing, a halfway
                                             under the authority of Section 505 of the               services, detoxification, and relapse                 house, or a sober home for substance
                                             Public Health Service Act (42 U.S.C.                    prevention; testing for metabolic                     abuse clients at this location, that is, the
                                             290aa-4) to meet the specific mandates                  syndrome; drug and alcohol oral fluid                 location listed on the front cover?’’
                                             for annual information about public and                 testing; professional interventionist/                   For the question about how facilities
                                             private substance abuse treatment                       educational consultant; recovery coach;               treat opioid use disorder, information
                                             providers and the clients they serve.                   vocational training or educational                    was added about the question that
                                                This request includes:                               support; Naloxone and overdose                        states, ‘‘For this question, MAT refers to
                                                • Collection of N–SSATS, which is an                 education; ‘‘Outcome follow-up after                  any or all of these medications unless
                                             annual survey of substance abuse                        discharge’’ which was moved from                      specified.’’ Also, category 5 was
                                             treatment facilities; and                               another question; medications for HIV                 reworded to say ‘‘This facility
amozie on DSK3GDR082PROD with NOTICES




                                                • Updating of the Inventory of                       treatment; medications for Hepatitis C                administers naltrexone to treat opioid
                                             Behavioral Health Services (I–BHS)                      treatment; the medications lofexidine                 use disorder. Naltrexone use is
                                             which is the facility universe for the                  and clonidine; Hepatitis A and B                      authorized through any medical staff
                                             N–SSATS as well as the annual survey                    vaccinations; Buprenorphine (extended-                who have prescribing privileges.’’ In
                                             of mental health treatment facilities, the              release, injectable, for example,                     addition, a category was added, ‘‘This
                                             National Mental Health Services Survey                  Sublocade®)’’; clients with co-occurring              facility prescribes buprenorphine to
                                             (N–MHSS). The I–BHS includes all                        pain and substance use; Federally                     treat opioid use disorder.


                                        VerDate Sep<11>2014   17:50 Sep 28, 2018   Jkt 247001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\01OCN1.SGM   01OCN1



Document Created: 2018-09-29 04:26:27
Document Modified: 2018-09-29 04:26:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesSubmit either electronic or written comments on the draft guidance by November 30, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactScott Goldie, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 21, Rm. 3557, Silver Spring, MD 20993-0002, 301- 794-2055; 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 49400 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR