83_FR_64138 83 FR 63900 - Biosimilars: Questions and Answers on Biosimilar Development and the Biologics Price Competition and Innovation Act of 2009; Guidance for Industry; Availability

83 FR 63900 - Biosimilars: Questions and Answers on Biosimilar Development and the Biologics Price Competition and Innovation Act of 2009; Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63900-63902
FR Document2018-26853

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled ``Questions and Answers on Biosimilar Development and the BPCI Act.'' The question and answer (Q&A) format is intended to inform prospective applicants and facilitate the development of proposed biosimilars and proposed interchangeable biosimilars, as well as to describe FDA's interpretation of certain statutory requirements added by the Biologics Price Competition and Innovation Act of 2009 (BPCI Act). This guidance document revises the final guidance document entitled ``Biosimilars: Questions and Answers Regarding Implementation of the Biologics Price Competition and Innovation Act of 2009'' issued April 28, 2015.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63900-63902]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26853]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0611]


Biosimilars: Questions and Answers on Biosimilar Development and 
the Biologics Price Competition and Innovation Act of 2009; 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 ``Questions 
and Answers on Biosimilar Development and the BPCI Act.'' The question 
and answer (Q&A) format is intended to inform prospective applicants 
and facilitate the development of proposed biosimilars and proposed 
interchangeable biosimilars, as well as to describe FDA's 
interpretation of certain statutory requirements added by the Biologics 
Price Competition and Innovation Act of 2009 (BPCI Act). This guidance 
document revises the final guidance document entitled ``Biosimilars: 
Questions and Answers Regarding Implementation of the Biologics Price 
Competition and Innovation Act of 2009'' issued April 28, 2015.

DATES: The announcement of the guidance is published in the Federal 
Register on December 12, 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

[[Page 63901]]

information submitted, marked and identified, as confidential, if 
submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2011-D-0611 for ``Questions and Answers on Biosimilar Development 
and the BPCI Act; 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 between 9 a.m. and 4 p.m., Monday through 
Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002, or 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. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Sandra Benton, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 75, Rm. 6522, Silver Spring, MD 20993, 301-796-
1042, 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 final guidance for industry 
entitled ``Questions and Answers on Biosimilar Development and the BPCI 
Act.'' The Q&A format is intended to inform prospective applicants and 
facilitate the development of proposed biosimilars and proposed 
interchangeable biosimilars, as well as to describe FDA's 
interpretation of certain statutory requirements added by the BPCI Act.
    The BPCI Act amended the Public Health Service Act (PHS Act) and 
other statutes to create an abbreviated licensure pathway in section 
351(k) of the PHS Act for biological products shown to be biosimilar 
to, or interchangeable with, an FDA-licensed biological reference 
product (see sections 7001 through 7003 of the Patient Protection and 
Affordable Care Act (Pub. L. 111-148)). FDA believes that guidance for 
industry that provides answers to commonly asked questions regarding 
FDA's interpretation of the BPCI Act will enhance transparency and 
facilitate the development and approval of biosimilar and 
interchangeable products. FDA intends to update this guidance document 
to include additional Q&As as appropriate.
    This final guidance document is a companion to the draft guidance 
document entitled ``New and Revised Draft Q&As on Biosimilar 
Development and the BPCI Act (Revision 2).'' In this pair of guidance 
documents, FDA issues each Q&A in draft form in the draft guidance 
document, receives comments on the draft Q&A, and, as appropriate, 
moves the Q&A to this final guidance document, after reviewing comments 
and incorporating suggested changes to the Q&A, when appropriate. This 
final guidance document contains Q&As that have been through the public 
comment process and reflects FDA's current thinking on the topics 
described. This guidance document revises the final guidance document 
entitled ``Biosimilars: Questions and Answers Regarding Implementation 
of the Biologics Price Competition and Innovation Act of 2009'' to 
clarify and update certain Q&As and to add new Q&As. For certain Q&As, 
FDA has updated the Q&A by referring the reader to a separate guidance 
document that provides additional information on the topic. In 
addition, a Q&A may be withdrawn and removed from the Q&A guidance 
documents if, for instance, the issue addressed in the Q&A has been 
addressed in a separate FDA guidance document. For example, Q&A I.11 
has been withdrawn as the issues addressed in that question are 
addressed in the guidance for industry entitled ``Scientific 
Considerations in Demonstrating Biosimilarity to a Reference Product.''
    FDA has maintained the original numbering of the Q&As used in the 
April 2015 final guidance document (``Biosimilars: Questions and 
Answers Regarding Implementation of the Biologics Price Competition and 
Innovation Act of 2009'') and May 2015 draft guidance document 
(``Biosimilars: Additional Questions and Answers Regarding 
Implementation of the Biologics Price Competition and Innovation Act of 
2009'').

                         Table 1--Status of Draft Guidance Q&As and Final Guidance Q&As
----------------------------------------------------------------------------------------------------------------
                                                                  Previous guidance         Current guidance
           Q&A category                     Q&A  Nos.                 location                  location
----------------------------------------------------------------------------------------------------------------
Part I. Biosimilarity or            Q.I.1...................  Final...................  Final
 Interchangeability.

[[Page 63902]]

 
                                    Q.I.2...................  Final...................  Final.
                                    Q.I.3...................  Final...................  Final.
                                    Q.I.4...................  Final...................  Final.
                                    Q.I.5...................  Final...................  Final.
                                    Q.I.6...................  Final...................  Final.
                                    Q.I.7...................  Final...................  Final.
                                    Q.I.8...................  Final...................  Final.
                                    Q.I.9...................  Draft...................  Final.
                                    Q.I.10..................  Draft...................  Final.
                                    Q.I.11..................  Final...................  Withdrawn.
                                    Q.I.12..................  Final...................  Draft.
                                    Q.I.13..................  Draft...................  Final.
                                    Q.I.14..................  Draft...................  Final.
                                    Q.I.15..................  Final...................  Final.
                                    Q.I.16..................  Draft...................  Draft.
                                    Q.I.17..................  Draft...................  Final.
                                    Q.I.18..................  Draft...................  Final.
                                    Q.I.19..................  Draft...................  Final.
                                    Q.I.20..................                            Draft.
                                    Q.I.21..................                            Draft.
                                    Q.I.22..................                            Draft.
                                    Q.I.23..................                            Draft.
                                    Q.I.24..................                            Draft.
Part II. Provisions Related to      Q.II.1..................  Final...................  Draft.
 Requirements to Submit a
 Biologics License Application
 (BLA) for a ``Biological
 Product''.
                                    Q.II.2..................  Final...................  Final.
                                    Q.II.3..................  Draft...................  Final.
Part III. Exclusivity.............  Q.III.1.................  Draft...................  Final.
                                    Q.III.2.................  Final...................  Final.
----------------------------------------------------------------------------------------------------------------

    This guidance finalizes certain Q&As that were included in the 
draft guidance issued on May 13, 2015. FDA considered written comments 
the Agency received regarding these Q&As, and made changes to the Q&As, 
as appropriate. Editorial changes were made primarily for 
clarification.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Questions and Answers on Biosimilar 
Development and the BPCI Act.'' 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.
    FDA is announcing, in a separate document published elsewhere in 
this issue of the Federal Register, the availability of the draft 
guidance for industry entitled ``New and Revised Draft Q&As on 
Biosimilar Development and the BPCI Act (Revision 2).''

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 part 312 for submission of an 
investigational new drug application have been approved under OMB 
control number 0910-0014. The collections of information in 21 CFR 
314.50 for submission of a new drug application have been approved 
under OMB control number 0910-0001. The collections of information in 
section 351(a) of the PHS Act under part 601 (21 CFR part 601) for 
submission of a BLA have been approved under OMB control number 0910-
0338. The collections of information in section 351(k) of the PHS Act 
under part 601 for submission of a BLA have been approved under OMB 
control number 0910-0719. The collections of information for submission 
of a meeting package to the appropriate review division with the 
meeting request as described in the draft guidance for industry 
entitled ``Formal Meetings Between the FDA and Sponsors or Applicants 
of BsUFA Products'' have been approved under OMB control number 0910-
0802.

III. Electronic Access

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

    Dated: December 6, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-26853 Filed 12-11-18; 8:45 am]
 BILLING CODE 4164-01-P



                                              63900                            Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                                                           TABLE 1—STATUS OF DRAFT GUIDANCE Q&AS AND FINAL GUIDANCE Q&AS—Continued
                                                                                                                                                                                                                         Previous                  Current
                                                                                                         Q&A category                                                                           Q&A Nos.                 guidance                 guidance
                                                                                                                                                                                                                          location                 location

                                              Part II. Provisions Related to Requirements to Submit a Biologics License Application (BLA)                                                    Q.II.1 ..............   Final ...............     Draft.
                                                for a ‘‘Biological Product’’.
                                                                                                                                                                                             Q.II.2 ..............   Final   ...............   Final.
                                                                                                                                                                                             Q.II.3 ..............   Draft   ...............   Final.
                                              Part III. Exclusivity ......................................................................................................................   Q.III.1 .............   Draft   ...............   Final.
                                                                                                                                                                                             Q.III.2 .............   Final   ...............   Final.



                                                 This draft guidance is being issued                                    described in the draft guidance for                                      Implementation of the Biologics Price
                                              consistent with FDA’s good guidance                                       industry ‘‘Formal Meetings Between the                                   Competition and Innovation Act of
                                              practices regulation (21 CFR 10.115).                                     FDA and Sponsors or Applicants of                                        2009’’ issued April 28, 2015.
                                              The Q&As in this draft guidance, when                                     BsUFA Products’’ have been approved                                      DATES: The announcement of the
                                              finalized, will appear in the final                                       under OMB control number 0910–0802.                                      guidance is published in the Federal
                                              guidance, and the final guidance will                                                                                                              Register on December 12, 2018.
                                                                                                                        III. Electronic Access
                                              represent the current thinking of FDA                                                                                                              ADDRESSES: You may submit either
                                              on the Q&As posed in the ‘‘New and                                          Persons with access to the internet
                                                                                                                                                                                                 electronic or written comments on
                                              Revised Draft Q&As on Biosimilar                                          may obtain the draft guidance at either
                                                                                                                                                                                                 Agency guidances at any time as
                                              Development and the BPCI Act                                              https://www.fda.gov/Drugs/Guidance
                                                                                                                                                                                                 follows:
                                              (Revision 2).’’ It does not establish any                                 ComplianceRegulatoryInformation/
                                              rights for any person and is not binding                                  Guidances/default.htm or https://                                        Electronic Submissions
                                              on FDA or the public. You can use an                                      www.regulations.gov.                                                       Submit electronic comments in the
                                              alternative approach if it satisfies the                                    Dated: December 6, 2018.                                               following way:
                                              requirements of the applicable statutes                                   Leslie Kux,                                                                • Federal eRulemaking Portal:
                                              and regulations. This guidance is not                                     Associate Commissioner for Policy.                                       https://www.regulations.gov. Follow the
                                              subject to Executive Order 12866.                                                                                                                  instructions for submitting comments.
                                                                                                                        [FR Doc. 2018–26852 Filed 12–11–18; 8:45 am]
                                                 FDA is announcing, in a separate                                                                                                                Comments submitted electronically,
                                                                                                                        BILLING CODE 4164–01–P
                                              document published elsewhere in this                                                                                                               including attachments, to https://
                                              issue of the Federal Register, the                                                                                                                 www.regulations.gov will be posted to
                                              availability of the guidance for industry                                 DEPARTMENT OF HEALTH AND                                                 the docket unchanged. Because your
                                              entitled ‘‘Questions and Answers on                                       HUMAN SERVICES                                                           comment will be made public, you are
                                              Biosimilar Development and the BPCI                                                                                                                solely responsible for ensuring that your
                                              Act.’’                                                                    Food and Drug Administration                                             comment does not include any
                                              II. Paperwork Reduction Act of 1995                                                                                                                confidential information that you or a
                                                                                                                        [Docket No. FDA–2011–D–0611]
                                                                                                                                                                                                 third party may not wish to be posted,
                                                This draft guidance refers to                                                                                                                    such as medical information, your or
                                                                                                                        Biosimilars: Questions and Answers
                                              previously approved collections of                                                                                                                 anyone else’s Social Security number, or
                                                                                                                        on Biosimilar Development and the
                                              information found in FDA regulations.                                                                                                              confidential business information, such
                                                                                                                        Biologics Price Competition and
                                              These collections of information are                                                                                                               as a manufacturing process. Please note
                                                                                                                        Innovation Act of 2009; Guidance for
                                              subject to review by the Office of                                                                                                                 that if you include your name, contact
                                                                                                                        Industry; Availability
                                              Management and Budget (OMB) under                                                                                                                  information, or other information that
                                              the Paperwork Reduction Act of 1995                                       AGENCY:        Food and Drug Administration,                             identifies you in the body of your
                                              (44 U.S.C. 3501–3520). The collections                                    HHS.                                                                     comments, that information will be
                                              of information in 21 CFR part 312 for                                     ACTION:       Notice of availability.                                    posted on https://www.regulations.gov.
                                              submission of an investigational new                                                                                                                 • If you want to submit a comment
                                              drug application have been approved                                       SUMMARY:   The Food and Drug                                             with confidential information that you
                                              under OMB control number 0910–0014.                                       Administration (FDA or Agency) is                                        do not wish to be made available to the
                                              The collections of information in 21                                      announcing the availability of a final                                   public, submit the comment as a
                                              CFR 314.50 for submission of a new                                        guidance for industry entitled                                           written/paper submission and in the
                                              drug application have been approved                                       ‘‘Questions and Answers on Biosimilar                                    manner detailed (see ‘‘Written/Paper
                                              under OMB control number 0910–0001.                                       Development and the BPCI Act.’’ The                                      Submissions’’ and ‘‘Instructions’’).
                                              The collections of information in                                         question and answer (Q&A) format is
                                              section 351(a) of the PHS Act and part                                    intended to inform prospective                                           Written/Paper Submissions
                                              601 (21 CFR part 601) for submission of                                   applicants and facilitate the                                              Submit written/paper submissions as
                                              a BLA have been approved under OMB                                        development of proposed biosimilars                                      follows:
                                              control number 0910–0338. The                                             and proposed interchangeable                                               • Mail/Hand delivery/Courier (for
                                              collections of information in section                                     biosimilars, as well as to describe FDA’s                                written/paper submissions): Dockets
amozie on DSK3GDR082PROD with NOTICES1




                                              351(k) of the PHS Act and part 601 for                                    interpretation of certain statutory                                      Management Staff (HFA–305), Food and
                                              submission of a BLA have been                                             requirements added by the Biologics                                      Drug Administration, 5630 Fishers
                                              approved under OMB control number                                         Price Competition and Innovation Act of                                  Lane, Rm. 1061, Rockville, MD 20852.
                                              0910–0719. The collections of                                             2009 (BPCI Act). This guidance                                             • For written/paper comments
                                              information for submission of a meeting                                   document revises the final guidance                                      submitted to the Dockets Management
                                              package to the appropriate review                                         document entitled ‘‘Biosimilars:                                         Staff, FDA will post your comment, as
                                              division with the meeting request as                                      Questions and Answers Regarding                                          well as any attachments, except for


                                         VerDate Sep<11>2014         18:39 Dec 11, 2018        Jkt 247001       PO 00000       Frm 00076       Fmt 4703       Sfmt 4703      E:\FR\FM\12DEN1.SGM            12DEN1


                                                                            Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices                                                                                 63901

                                              information submitted, marked and                                  Staff, 5630 Fishers Lane, Rm. 1061,                                 answers to commonly asked questions
                                              identified, as confidential, if submitted                          Rockville, MD 20852.                                                regarding FDA’s interpretation of the
                                              as detailed in ‘‘Instructions.’’                                     You may submit comments on any                                    BPCI Act will enhance transparency and
                                                 Instructions: All submissions received                          guidance at any time (see 21 CFR                                    facilitate the development and approval
                                              must include the Docket No. FDA–                                   10.115(g)(5)).                                                      of biosimilar and interchangeable
                                              2011–D–0611 for ‘‘Questions and                                      Submit written requests for single                                products. FDA intends to update this
                                              Answers on Biosimilar Development                                  copies of this guidance to the Division                             guidance document to include
                                              and the BPCI Act; Guidance for                                     of Drug Information, Center for Drug                                additional Q&As as appropriate.
                                              Industry.’’ Received comments will be                              Evaluation and Research, Food and
                                                                                                                 Drug Administration, 10001 New                                         This final guidance document is a
                                              placed in the docket and, except for
                                                                                                                 Hampshire Ave., Hillandale Building,                                companion to the draft guidance
                                              those submitted as ‘‘Confidential
                                                                                                                 4th Floor, Silver Spring, MD 20993–                                 document entitled ‘‘New and Revised
                                              Submissions,’’ publicly viewable at
                                                                                                                 0002, or the Office of Communication,                               Draft Q&As on Biosimilar Development
                                              https://www.regulations.gov or at the
                                                                                                                 Outreach and Development, Center for                                and the BPCI Act (Revision 2).’’ In this
                                              Dockets Management Staff between 9
                                                                                                                 Biologics Evaluation and Research,                                  pair of guidance documents, FDA issues
                                              a.m. and 4 p.m., Monday through
                                                                                                                 Food and Drug Administration, 10903                                 each Q&A in draft form in the draft
                                              Friday.
                                                 • Confidential Submissions—To                                   New Hampshire Ave., Bldg. 71, Rm.                                   guidance document, receives comments
                                              submit a comment with confidential                                 3128, Silver Spring, MD 20993–0002.                                 on the draft Q&A, and, as appropriate,
                                              information that you do not wish to be                             Send one self-addressed adhesive label                              moves the Q&A to this final guidance
                                              made publicly available, submit your                               to assist that office in processing your                            document, after reviewing comments
                                              comments only as a written/paper                                   requests. See the SUPPLEMENTARY                                     and incorporating suggested changes to
                                              submission. You should submit two                                  INFORMATION section for electronic                                  the Q&A, when appropriate. This final
                                              copies total. One copy will include the                            access to the guidance document.                                    guidance document contains Q&As that
                                              information you claim to be confidential                                                                                               have been through the public comment
                                                                                                                 FOR FURTHER INFORMATION CONTACT:
                                              with a heading or cover note that states                                                                                               process and reflects FDA’s current
                                                                                                                 Sandra Benton, Center for Drug
                                              ‘‘THIS DOCUMENT CONTAINS                                                                                                               thinking on the topics described. This
                                                                                                                 Evaluation and Research, Food and
                                              CONFIDENTIAL INFORMATION.’’ The                                                                                                        guidance document revises the final
                                                                                                                 Drug Administration, 10903 New
                                              Agency will review this copy, including                                                                                                guidance document entitled
                                                                                                                 Hampshire Ave., Bldg. 75, Rm. 6522,
                                              the claimed confidential information, in                                                                                               ‘‘Biosimilars: Questions and Answers
                                                                                                                 Silver Spring, MD 20993, 301–796–
                                              its consideration of comments. The                                                                                                     Regarding Implementation of the
                                                                                                                 1042, or Stephen Ripley, Center for
                                              second copy, which will have the                                                                                                       Biologics Price Competition and
                                                                                                                 Biologics Evaluation and Research,
                                              claimed confidential information                                                                                                       Innovation Act of 2009’’ to clarify and
                                                                                                                 Food and Drug Administration, 10903
                                              redacted/blacked out, will be available                                                                                                update certain Q&As and to add new
                                                                                                                 New Hampshire Ave., Bldg. 71, Rm.
                                              for public viewing and posted on                                                                                                       Q&As. For certain Q&As, FDA has
                                                                                                                 7301, Silver Spring, MD 20993–0002,
                                              https://www.regulations.gov. Submit                                                                                                    updated the Q&A by referring the reader
                                                                                                                 240–402–7911.
                                              both copies to the Dockets Management                                                                                                  to a separate guidance document that
                                                                                                                 SUPPLEMENTARY INFORMATION:
                                              Staff. If you do not wish your name and                                                                                                provides additional information on the
                                              contact information to be made publicly                            I. Background                                                       topic. In addition, a Q&A may be
                                              available, you can provide this                                       FDA is announcing the availability of                            withdrawn and removed from the Q&A
                                              information on the cover sheet and not                             a final guidance for industry entitled                              guidance documents if, for instance, the
                                              in the body of your comments and you                               ‘‘Questions and Answers on Biosimilar                               issue addressed in the Q&A has been
                                              must identify this information as                                  Development and the BPCI Act.’’ The                                 addressed in a separate FDA guidance
                                              ‘‘confidential.’’ Any information marked                           Q&A format is intended to inform                                    document. For example, Q&A I.11 has
                                              as ‘‘confidential’’ will not be disclosed                          prospective applicants and facilitate the                           been withdrawn as the issues addressed
                                              except in accordance with 21 CFR 10.20                             development of proposed biosimilars                                 in that question are addressed in the
                                              and other applicable disclosure law. For                           and proposed interchangeable                                        guidance for industry entitled
                                              more information about FDA’s posting                               biosimilars, as well as to describe FDA’s                           ‘‘Scientific Considerations in
                                              of comments to public dockets, see 80                              interpretation of certain statutory                                 Demonstrating Biosimilarity to a
                                              FR 56469, September 18, 2015, or access                            requirements added by the BPCI Act.                                 Reference Product.’’
                                              the information at: https://www.gpo.gov/                              The BPCI Act amended the Public                                     FDA has maintained the original
                                              fdsys/pkg/FR-2015-09-18/pdf/2015-                                  Health Service Act (PHS Act) and other                              numbering of the Q&As used in the
                                              23389.pdf.                                                         statutes to create an abbreviated                                   April 2015 final guidance document
                                                 Docket: For access to the docket to                             licensure pathway in section 351(k) of                              (‘‘Biosimilars: Questions and Answers
                                              read background documents or the                                   the PHS Act for biological products                                 Regarding Implementation of the
                                              electronic and written/paper comments                              shown to be biosimilar to, or                                       Biologics Price Competition and
                                              received, go to https://                                           interchangeable with, an FDA-licensed                               Innovation Act of 2009’’) and May 2015
                                              www.regulations.gov and insert the                                 biological reference product (see                                   draft guidance document (‘‘Biosimilars:
                                              docket number, found in brackets in the                            sections 7001 through 7003 of the                                   Additional Questions and Answers
                                              heading of this document, into the                                 Patient Protection and Affordable Care                              Regarding Implementation of the
                                              ‘‘Search’’ box and follow the prompts                              Act (Pub. L. 111–148)). FDA believes                                Biologics Price Competition and
                                              and/or go to the Dockets Management                                that guidance for industry that provides                            Innovation Act of 2009’’).
amozie on DSK3GDR082PROD with NOTICES1




                                                                                   TABLE 1—STATUS OF DRAFT GUIDANCE Q&AS AND FINAL GUIDANCE Q&AS
                                                                                                                                                                                                             Previous                Current
                                                                                                                                                                                        Q&A
                                                                                                    Q&A category                                                                                             guidance               guidance
                                                                                                                                                                                        Nos.                  location               location

                                              Part I. Biosimilarity or Interchangeability ....................................................................................   Q.I.1 ...............   Final ...............   Final



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                                              63902                            Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                                                           TABLE 1—STATUS OF DRAFT GUIDANCE Q&AS AND FINAL GUIDANCE Q&AS—Continued
                                                                                                                                                                                                                         Previous                  Current
                                                                                                                                                                                                    Q&A
                                                                                                         Q&A category                                                                                                    guidance                 guidance
                                                                                                                                                                                                    Nos.                  location                 location

                                                                                                                                                                                             Q.I.2 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.3 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.4 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.5 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.6 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.7 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.8 ...............   Final   ...............   Final.
                                                                                                                                                                                             Q.I.9 ...............   Draft   ...............   Final.
                                                                                                                                                                                             Q.I.10 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.11 .............    Final   ...............   Withdrawn.
                                                                                                                                                                                             Q.I.12 .............    Final   ...............   Draft.
                                                                                                                                                                                             Q.I.13 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.14 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.15 .............    Final   ...............   Final.
                                                                                                                                                                                             Q.I.16 .............    Draft   ...............   Draft.
                                                                                                                                                                                             Q.I.17 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.18 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.19 .............    Draft   ...............   Final.
                                                                                                                                                                                             Q.I.20 .............                              Draft.
                                                                                                                                                                                             Q.I.21 .............                              Draft.
                                                                                                                                                                                             Q.I.22 .............                              Draft.
                                                                                                                                                                                             Q.I.23 .............                              Draft.
                                                                                                                                                                                             Q.I.24 .............                              Draft.
                                              Part II. Provisions Related to Requirements to Submit a Biologics License Application (BLA)                                                    Q.II.1 ..............   Final ...............     Draft.
                                                for a ‘‘Biological Product’’.
                                                                                                                                                                                             Q.II.2 ..............   Final   ...............   Final.
                                                                                                                                                                                             Q.II.3 ..............   Draft   ...............   Final.
                                              Part III. Exclusivity ......................................................................................................................   Q.III.1 .............   Draft   ...............   Final.
                                                                                                                                                                                             Q.III.2 .............   Final   ...............   Final.



                                                 This guidance finalizes certain Q&As                                   Budget (OMB) under the Paperwork                                         ComplianceRegulatoryInformation/
                                              that were included in the draft guidance                                  Reduction Act of 1995 (44 U.S.C. 3501–                                   Guidances/default.htm, https://www.
                                              issued on May 13, 2015. FDA                                               3520). The collections of information in                                 fda.gov/BiologicsBloodVaccines/
                                              considered written comments the                                           21 CFR part 312 for submission of an                                     GuidanceComplianceRegulatory
                                              Agency received regarding these Q&As,                                     investigational new drug application                                     Information/Guidances/default.htm, or
                                              and made changes to the Q&As, as                                          have been approved under OMB control                                     https://www.regulations.gov.
                                              appropriate. Editorial changes were                                       number 0910–0014. The collections of                                       Dated: December 6, 2018.
                                              made primarily for clarification.                                         information in 21 CFR 314.50 for                                         Leslie Kux,
                                                 This guidance is being issued                                          submission of a new drug application
                                              consistent with FDA’s good guidance                                                                                                                Associate Commissioner for Policy.
                                                                                                                        have been approved under OMB control
                                              practices regulation (21 CFR 10.115).                                                                                                              [FR Doc. 2018–26853 Filed 12–11–18; 8:45 am]
                                                                                                                        number 0910–0001. The collections of
                                              The guidance represents the current                                       information in section 351(a) of the PHS                                 BILLING CODE 4164–01–P
                                              thinking of FDA on ‘‘Questions and                                        Act under part 601 (21 CFR part 601) for
                                              Answers on Biosimilar Development                                         submission of a BLA have been
                                              and the BPCI Act.’’ It does not establish                                 approved under OMB control number                                        DEPARTMENT OF HOUSING AND
                                              any rights for any person and is not                                      0910–0338. The collections of                                            URBAN DEVELOPMENT
                                              binding on FDA or the public. You can                                     information in section 351(k) of the PHS                                 [Docket No. FR–7007–N–06]
                                              use an alternative approach if it satisfies                               Act under part 601 for submission of a
                                              the requirements of the applicable                                        BLA have been approved under OMB                                         60-Day Notice of Proposed Information
                                              statutes and regulations. This guidance                                   control number 0910–0719. The                                            Collection: Data Collection for
                                              is not subject to Executive Order 12866.                                  collections of information for                                           EnVision Center Demonstration Sites
                                                 FDA is announcing, in a separate                                       submission of a meeting package to the
                                              document published elsewhere in this                                                                                                               AGENCY: Office of Policy Development
                                                                                                                        appropriate review division with the
                                              issue of the Federal Register, the                                                                                                                 and Research, HUD.
                                                                                                                        meeting request as described in the draft
                                              availability of the draft guidance for                                                                                                             ACTION: Notice.
                                                                                                                        guidance for industry entitled ‘‘Formal
                                              industry entitled ‘‘New and Revised
                                                                                                                        Meetings Between the FDA and                                             SUMMARY:  The Department of Housing
                                              Draft Q&As on Biosimilar Development
                                                                                                                        Sponsors or Applicants of BsUFA                                          and Urban Development (HUD) is
                                              and the BPCI Act (Revision 2).’’
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                        Products’’ have been approved under                                      seeking approval from the Office of
                                              II. Paperwork Reduction Act of 1995                                       OMB control number 0910–0802.                                            Management and Budget (OMB) for the
                                                 This guidance refers to previously                                     III. Electronic Access                                                   information collection described below.
                                              approved collections of information                                                                                                                In accordance with the Paperwork
                                              found in FDA regulations. These                                            Persons with access to the internet                                     Reduction Act, HUD is requesting
                                              collections of information are subject to                                 may obtain the guidance at https://                                      comments from all interested parties on
                                              review by the Office of Management and                                    www.fda.gov/Drugs/Guidance                                               the proposed collection of information.


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Document Created: 2018-12-12 01:39:29
Document Modified: 2018-12-12 01:39:29
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 December 12, 2018.
ContactSandra Benton, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 75, Rm. 6522, Silver Spring, MD 20993, 301-796- 1042, 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 63900 

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