83_FR_7076 83 FR 7043 - Submission of Content Necessary for Bioresearch Monitoring Inspection Planning for the Center of Drug Evaluation and Research; Availability

83 FR 7043 - Submission of Content Necessary for Bioresearch Monitoring Inspection Planning for the Center of Drug Evaluation and Research; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range7043-7046
FR Document2018-03236

The Food and Drug Administration (FDA or the Agency) is announcing the availability of a draft guidance for industry entitled ``Standardized Format for Electronic Submission of NDA and BLA Content for the Planning of Bioresearch Monitoring (BIMO) Inspections for CDER Submissions'' along with the Bioresearch Monitoring Technical Conformance Guide Containing Technical Specifications (BIMO Technical Conformance Guide). The draft guidance and BIMO Technical Conformance Guide describe and provide specifications for the electronic submission of certain data and information in standardized formats. This information is used by the Center for Drug Evaluation and Research (CDER) in the planning of, and by FDA's Office of Regulatory Affairs (ORA) in the conduct of, bioresearch monitoring (BIMO) inspections. The draft guidance addresses major (i.e., pivotal) studies used to support safety and efficacy claims in new drug applications (NDAs) and biologics license applications (BLAs) regulated by CDER, as well as certain supplemental applications containing new clinical study reports. This draft guidance, when finalized, is intended to assist applicants in the submission of electronic data and information in standardized formats, and supersedes the previously issued draft guidance entitled ``Providing Submissions in Electronic Format--Summary Level Clinical Site Data for CDER's Inspection Planning'' (December 2012) (Summary Level Clinical Site Draft Guidance).

Federal Register, Volume 83 Issue 33 (Friday, February 16, 2018)
[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Notices]
[Pages 7043-7046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03236]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-0481]


Submission of Content Necessary for Bioresearch Monitoring 
Inspection Planning for the Center of Drug Evaluation and Research; 
Availability

AGENCY: Food and Drug Administration, HHS.

[[Page 7044]]


ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the availability of a draft guidance for industry entitled 
``Standardized Format for Electronic Submission of NDA and BLA Content 
for the Planning of Bioresearch Monitoring (BIMO) Inspections for CDER 
Submissions'' along with the Bioresearch Monitoring Technical 
Conformance Guide Containing Technical Specifications (BIMO Technical 
Conformance Guide). The draft guidance and BIMO Technical Conformance 
Guide describe and provide specifications for the electronic submission 
of certain data and information in standardized formats. This 
information is used by the Center for Drug Evaluation and Research 
(CDER) in the planning of, and by FDA's Office of Regulatory Affairs 
(ORA) in the conduct of, bioresearch monitoring (BIMO) inspections. The 
draft guidance addresses major (i.e., pivotal) studies used to support 
safety and efficacy claims in new drug applications (NDAs) and 
biologics license applications (BLAs) regulated by CDER, as well as 
certain supplemental applications containing new clinical study 
reports. This draft guidance, when finalized, is intended to assist 
applicants in the submission of electronic data and information in 
standardized formats, and supersedes the previously issued draft 
guidance entitled ``Providing Submissions in Electronic Format--Summary 
Level Clinical Site Data for CDER's Inspection Planning'' (December 
2012) (Summary Level Clinical Site Draft Guidance).

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment on this 
draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by April 17, 2018.

ADDRESSES: You may submit comments 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-0481 for ``Standardized Format for Electronic Submission of 
New Drug Application and Certain Biologics License Application Content 
for the Planning of Bioresearch Monitoring Inspections for Submissions 
to the Center for Drug Evaluation and Research; Draft Guidance for 
Industry; Bioresearch Monitoring Technical Conformance Guide Containing 
Technical Specifications; Availability.'' 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 ``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.
    Submit written requests for single copies of this 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. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Jean Mulinde, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-0768.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of: (1) A draft guidance for 
industry entitled ``Standardized Format for Electronic Submission of 
NDA and BLA Content for the Planning of Bioresearch Monitoring 
Inspections (BIMO) for CDER Submissions'' and (2) the BIMO Technical 
Conformance Guide. This draft guidance and the BIMO Technical 
Conformance Guide describe and provide specifications for the 
electronic submission of data and information in standardized formats, 
for submitting information used by CDER in the planning of, and by ORA 
in the conduct

[[Page 7045]]

of, BIMO inspections. The draft guidance and the technical conformance 
guide address major (i.e., pivotal) studies used to support safety and 
efficacy claims in NDAs, BLAs, and NDA and BLA supplemental 
applications containing new clinical study reports that are regulated 
by CDER.
    To meet its review performance goals in accordance with CDER good 
review management principles and practices for products covered by the 
Prescription Drug User Fee Act, CDER generally initiates inspection 
planning early in the application review process (i.e., during the 
filing determination and review planning phase). CDER's inspection 
planning includes the selection of clinical investigator sites and 
other regulated entities for on-site inspections, and the preparation 
of assignment memos and background packages that CDER provides to FDA's 
ORA, which performs FDA's BIMO inspections. CDER uses the data and 
information described in this guidance to plan BIMO inspections, 
including: (1) To facilitate the timely identification of sites for 
inspection and (2) to ensure the availability of information needed to 
conduct BIMO inspections by ORA investigators.
    This draft guidance and the associated technical conformance guide 
supersede the previously issued Summary Level Clinical Site Draft 
Guidance that published in the Federal Register on December 19, 2012 
(77 FR 75174). FDA carefully considered all of the comments received to 
the docket for the Summary Level Clinical Site Draft Guidance in 
developing this guidance. This draft guidance includes clarifications, 
additional detail on some topics, revised nomenclature for some data 
variables, and descriptions of additional data and information in 
standardized formats that are submitted in NDAs and BLAs to CDER, to 
facilitate the planning of routine BIMO inspections.
    In section 745A(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 379k-1(a)), Congress granted explicit authorization to FDA to 
specify, in guidance, the electronic format for submissions under 
section 505(b), (i), or (j) of the FD&C Act (21 U.S.C. 355(b), (i), or 
(j)) and submissions under section 351(a) or (k) of the Public Health 
Service Act (42 U.S.C. 262(a) or (k)). Accordingly, to the extent that 
this guidance, when finalized, provides such requirements, as indicated 
by the use of the words must or required, this guidance will not be 
subject to the usual restrictions in FDA's good guidance practice (GGP) 
regulations, such as the requirement that guidances not establish 
legally enforceable responsibilities (see 21 CFR 10.115(d); see also 
the guidance for industry ``Providing Regulatory Submissions in 
Electronic Format--Submissions Under Section 745A(a) of the Federal 
Food, Drug, and Cosmetic Act,'' available at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm.
    To comply with GGP regulations and make sure that regulated 
entities and the public understand that guidance documents are 
nonbinding, FDA guidances ordinarily contain standard language 
explaining that guidance documents should be viewed only as 
recommendations unless specific regulatory or statutory requirements 
are cited. FDA is not including this standard language in this draft 
guidance document because it is not an accurate description of this 
guidance. Insofar as this guidance specifies the format for electronic 
submissions pursuant to section 745A(a) of the FD&C Act, when 
finalized, it will have binding effect.
    The draft guidance and the BIMO Technical Conformance Guide, when 
finalized, will represent the current thinking of FDA on standardized 
format for electronic submission of NDA and BLA content for the 
planning of BIMO inspections for CDER Submissions.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 
3501-3520), Federal Agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information 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 and the associated technical conformance guide, 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 and the Bioresearch Monitoring Technical 
Conformance Guide provide the electronic format and specifications for 
submission of data and information used by CDER in the planning of, and 
by ORA in the conduct of, BIMO inspections. Data and information 
described in the draft guidance comprises information required in parts 
312, 314, or 601 (21 CFR parts 312, 314, or 601), including case 
histories (Sec.  312.62(b)), information regarding foreign clinical 
studies not conducted under an investigational new drug application 
(IND) (Sec.  312.120), and the clinical data section (Sec.  
314.50(d)(5)) and case report forms and tabulations (Sec.  314.50(f)), 
or in part 601 (Sec.  601.2 Applications for biologics licenses; 
procedures for filing) in an NDA, BLA, or supplement. The draft 
guidance and the associated technical conformance guide describe the 
electronic format of clinical study-level information, subject-level 
data line listings by clinical site, and the summary-level clinical 
site dataset that are submitted from all major (i.e., pivotal) studies 
used to support safety and efficacy claims in NDAs, BLAs, and NDA and 
BLA supplemental applications containing new clinical study reports. 
The variables described in the format are elements currently used in 
other submissions; some of the variable names described in the summary-
level clinical site dataset are new. The financial disclosure 
information is currently reported in Module 1 (region specific 
information) of the electronic common technical document, but is new as 
a variable in the summary-level clinical site dataset. In addition, 
identifying that a study has been conducted under an IND is new as a 
request in a dataset. Initial preparation of some of the clinical 
study-level information, the subject-level data line listings by 
clinical site, and the summary-level clinical site dataset and the 
development of new standard operating procedures (SOPs) would require 
added time. Once SOPs have been established, generation of the clinical 
study-level information, subject-level data line listings by clinical 
site, and the summary-level clinical site dataset should not involve 
significant

[[Page 7046]]

additional work. The applicant would likely perform more quality 
assurance, which may add time to preparation and review of the 
submission.
    Based on CDER's data on the number of NDAs, BLAs, and NDA and BLA 
supplemental applications containing new clinical study reports that 
would be covered by the draft guidance, we estimate that each year 
approximately 75 applicants will submit for 125 original NDA or BLA 
applications and 152 supplemental applications containing new clinical 
study reports. We estimate that the submission of the clinical study-
level information, subject-level data line listings by clinical site, 
and the summary-level clinical site dataset for each application would 
take approximately 40 hours to prepare. Initial preparation of the 
clinical study-level information, subject-level data line listings by 
clinical site, and the summary-level clinical site dataset could 
involve the development of new SOPs for some applicants. We estimate 
that 75 applicants would take approximately 20 hours to develop and 
subsequently 2 hours annually to maintain and update the SOP(s). The 
clinical study-level information, subject-level data line listings by 
clinical site, and the summary-level clinical site dataset submitted 
with each application would likely involve additional quality assurance 
procedures, which would add approximately 2 hours for each submission.
    This draft guidance also refers to previously approved collections 
of information found in FDA regulations. The collections of information 
in part 312 have been approved under OMB control number 0910-0014; the 
collections of information in part 314 have been approved under OMB 
control number 0910-0001; the collections of information in part 601 
have been approved under OMB control number 0910-0338.
    FDA estimates the burden of this collection of information as 
follows:

                                                         Table 1--Estimated Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Number of       Number of responses
                           Activity                             respondents (i.e.,     per respondent          Total         Hours per      Total hours
                                                                    applicants)     (i.e., applications)     responses       response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Submissions (clinical study-level information, subject-level                    75                   3.7             277              40          11,080
 data line listings by clinical site, and the summary-level
 clinical site dataset).......................................
Quality Assurance.............................................                  75                   3.7             277               2             554
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................  ..................  ....................  ..............  ..............          11,634
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this information collection.


                                   Table 2--Estimated Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of      records per    Total records     Hours per      Total hours
                                   recordkeepers   recordkeeper                    recordkeeper
----------------------------------------------------------------------------------------------------------------
Develop Initial SOP(s)..........              75               1              75              20           1,500
Maintain and Update SOP(s)......              75               1              75               2             150
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,650
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this information collection.

II. Electronic Access

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

    Dated: February 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03236 Filed 2-15-18; 8:45 am]
BILLING CODE 4164-01-P



                                                                             Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices                                                 7043

                                               claimed confidential information                        product and continues until FDA grants                  3. The date the application was
                                               redacted/blacked out, will be available                 permission to market the drug product.                approved: September 16, 2014. FDA has
                                               for public viewing and posted on                        Although only a portion of a regulatory               verified the applicant’s claim that NDA
                                               https://www.regulations.gov. Submit                     review period may count toward the                    204760 was approved on September 16,
                                               both copies to the Dockets Management                   actual amount of extension that the                   2014.
                                               Staff. If you do not wish your name and                 Director of USPTO may award (for                        This determination of the regulatory
                                               contact information to be made publicly                 example, half the testing phase must be               review period establishes the maximum
                                               available, you can provide this                         subtracted as well as any time that may               potential length of a patent extension.
                                               information on the cover sheet and not                  have occurred before the patent was                   However, the USPTO applies several
                                               in the body of your comments and you                    issued), FDA’s determination of the                   statutory limitations in its calculations
                                               must identify this information as                       length of a regulatory review period for              of the actual period for patent extension.
                                               ‘‘confidential.’’ Any information marked                a human drug product will include all                 In its applications for patent extension,
                                               as ‘‘confidential’’ will not be disclosed               of the testing phase and approval phase               this applicant seeks 1,020 days or 272
                                               except in accordance with § 10.20 (21                   as specified in 35 U.S.C. 156(g)(1)(B).               days of patent term extension.
                                               CFR 10.20) and other applicable                            FDA has approved for marketing the                 III. Petitions
                                               disclosure law. For more information                    human drug product MOVANTIK
                                               about FDA’s posting of comments to                      (naloxegol oxalate). MOVANTIK is                         Anyone with knowledge that any of
                                               public dockets, see 80 FR 56469,                        indicated for the treatment of opioid-                the dates as published are incorrect may
                                               September 18, 2015, or access the                       induced constipation in adult patients                submit either electronic or written
                                               information at: http://www.fda.gov/                     with chronic non-cancer pain.                         comments and, under 21 CFR 60.24, ask
                                               regulatoryinformation/dockets/                          Subsequent to this approval, the USPTO                for a redetermination (see DATES).
                                               default.htm.                                            received patent term restoration                      Furthermore, as specified in § 60.30 (21
                                                  Docket: For access to the docket to                  applications for MOVANTIK (U.S.                       CFR 60.30), any interested person may
                                               read background documents or the                        Patent Nos. 7,662,365 and 7,786,133)                  petition FDA for a determination
                                               electronic and written/paper comments                   from Nektar Therapeutics, and the                     regarding whether the applicant for
                                               received, go to https://                                USPTO requested FDA’s assistance in                   extension acted with due diligence
                                               www.regulations.gov and insert the                      determining the patents’ eligibility for              during the regulatory review period. To
                                               docket number, found in brackets in the                 patent term restoration. In a letter dated            meet its burden, the petition must
                                               heading of this document, into the                      October 30, 2015, FDA advised the                     comply with all the requirements of
                                               ‘‘Search’’ box and follow the prompts                   USPTO that this human drug product                    § 60.30, including but not limited to:
                                               and/or go to the Dockets Management                     had undergone a regulatory review                     Must be timely (see DATES), must be
                                               Staff, 5630 Fishers Lane, Rm. 1061,                     period and that the approval of                       filed in accordance with § 10.20, must
                                               Rockville, MD 20852.                                    MOVANTIK represented the first                        contain sufficient facts to merit an FDA
                                               FOR FURTHER INFORMATION CONTACT:                        permitted commercial marketing or use                 investigation, and must certify that a
                                               Beverly Friedman, Office of Regulatory                  of the product. Thereafter, the USPTO                 true and complete copy of the petition
                                               Policy, Food and Drug Administration,                   requested that FDA determine the                      has been served upon the patent
                                               10903 New Hampshire Ave., Bldg. 51,                     product’s regulatory review period.                   applicant. (See H. Rept. 857, part 1, 98th
                                               Rm. 6250, Silver Spring, MD 20993,                                                                            Cong., 2d sess., pp. 41–42, 1984.)
                                                                                                       II. Determination of Regulatory Review                Petitions should be in the format
                                               301–796–3600.                                           Period
                                               SUPPLEMENTARY INFORMATION:
                                                                                                                                                             specified in 21 CFR 10.30.
                                                                                                         FDA has determined that the                            Submit petitions electronically to
                                               I. Background                                           applicable regulatory review period for               https://www.regulations.gov at Docket
                                                  The Drug Price Competition and                       MOVANTIK is 2,493 days. Of this time,                 No. FDA–2013–S–0610. Submit written
                                               Patent Term Restoration Act of 1984                     2,127 days occurred during the testing                petitions (two copies are required) to the
                                               (Pub. L. 98–417) and the Generic                        phase of the regulatory review period,                Dockets Management Staff (HFA–305),
                                               Animal Drug and Patent Term                             while 366 days occurred during the                    Food and Drug Administration, 5630
                                               Restoration Act (Pub. L. 100–670)                       approval phase. These periods of time                 Fishers Lane, Rm. 1061, Rockville, MD
                                               generally provide that a patent may be                  were derived from the following dates:                20852.
                                               extended for a period of up to 5 years                    1. The date an exemption under                        Dated: February 13, 2018.
                                               so long as the patented item (human                     section 505(i) of the Federal Food, Drug,             Leslie Kux,
                                               drug product, animal drug product,                      and Cosmetic Act (the FD&C Act) (21                   Associate Commissioner for Policy.
                                               medical device, food additive, or color                 U.S.C. 355(i)) became effective:                      [FR Doc. 2018–03245 Filed 2–15–18; 8:45 am]
                                               additive) was subject to regulatory                     November 21, 2007. The applicant
                                                                                                                                                             BILLING CODE 4164–01–P
                                               review by FDA before the item was                       claims October 22, 2007, as the date the
                                               marketed. Under these acts, a product’s                 investigational new drug application
                                               regulatory review period forms the basis                (IND) became effective. However, FDA                  DEPARTMENT OF HEALTH AND
                                               for determining the amount of extension                 records indicate that the IND effective               HUMAN SERVICES
                                               an applicant may receive.                               date was November 21, 2007, which was
                                                  A regulatory review period consists of               30 days after FDA receipt of the IND.                 Food and Drug Administration
                                               two periods of time: A testing phase and                  2. The date the application was
                                               an approval phase. For human drug                       initially submitted with respect to the               [Docket No. FDA–2018–D–0481]
daltland on DSKBBV9HB2PROD with NOTICES




                                               products, the testing phase begins when                 human drug product under section                      Submission of Content Necessary for
                                               the exemption to permit the clinical                    505(b) of the FD&C Act: September 16,                 Bioresearch Monitoring Inspection
                                               investigations of the drug becomes                      2013. FDA has verified the applicant’s                Planning for the Center of Drug
                                               effective and runs until the approval                   claim that the new drug application                   Evaluation and Research; Availability
                                               phase begins. The approval phase starts                 (NDA) for MOVANTIK (NDA 204760)
                                               with the initial submission of an                       was initially submitted on September                  AGENCY:    Food and Drug Administration,
                                               application to market the human drug                    16, 2013.                                             HHS.


                                          VerDate Sep<11>2014   19:24 Feb 15, 2018   Jkt 244001   PO 00000   Frm 00036   Fmt 4703   Sfmt 4703   E:\FR\FM\16FEN1.SGM   16FEN1


                                               7044                          Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices

                                               ACTION:   Notice of availability.                       third party may not wish to be posted,                claimed confidential information
                                                                                                       such as medical information, your or                  redacted/blacked out, will be available
                                               SUMMARY:   The Food and Drug                            anyone else’s Social Security number, or              for public viewing and posted on
                                               Administration (FDA or the Agency) is                   confidential business information, such               https://www.regulations.gov. Submit
                                               announcing the availability of a draft                  as a manufacturing process. Please note               both copies to the Dockets Management
                                               guidance for industry entitled                          that if you include your name, contact                Staff. If you do not wish your name and
                                               ‘‘Standardized Format for Electronic                    information, or other information that                contact information to be made publicly
                                               Submission of NDA and BLA Content                       identifies you in the body of your                    available, you can provide this
                                               for the Planning of Bioresearch                         comments, that information will be                    information on the cover sheet and not
                                               Monitoring (BIMO) Inspections for                       posted on https://www.regulations.gov.                in the body of your comments, and you
                                               CDER Submissions’’ along with the                         • If you want to submit a comment                   must identify this information as
                                               Bioresearch Monitoring Technical                        with confidential information that you                ‘‘confidential.’’ Any information marked
                                               Conformance Guide Containing                            do not wish to be made available to the               ‘‘confidential’’ will not be disclosed
                                               Technical Specifications (BIMO                          public, submit the comment as a                       except in accordance with 21 CFR 10.20
                                               Technical Conformance Guide). The                       written/paper submission and in the                   and other applicable disclosure law. For
                                               draft guidance and BIMO Technical                       manner detailed (see ‘‘Written/Paper                  more information about FDA’s posting
                                               Conformance Guide describe and                          Submissions’’ and ‘‘Instructions’’).                  of comments to public dockets, see 80
                                               provide specifications for the electronic
                                                                                                       Written/Paper Submissions                             FR 56469, September 18, 2015, or access
                                               submission of certain data and
                                                                                                                                                             the information at: https://www.gpo.gov/
                                               information in standardized formats.                       Submit written/paper submissions as                fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               This information is used by the Center                  follows:                                              23389.pdf.
                                               for Drug Evaluation and Research                           • Mail/Hand delivery/Courier (for
                                                                                                                                                                Docket: For access to the docket to
                                               (CDER) in the planning of, and by FDA’s                 written/paper submissions): Dockets
                                               Office of Regulatory Affairs (ORA) in the                                                                     read background documents or the
                                                                                                       Management Staff (HFA–305), Food and
                                               conduct of, bioresearch monitoring                                                                            electronic and written/paper comments
                                                                                                       Drug Administration, 5630 Fishers
                                               (BIMO) inspections. The draft guidance                                                                        received, go to https://
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.
                                               addresses major (i.e., pivotal) studies                    • For written/paper comments                       www.regulations.gov and insert the
                                               used to support safety and efficacy                     submitted to the Dockets Management                   docket number, found in brackets in the
                                               claims in new drug applications (NDAs)                  Staff, FDA will post your comment, as                 heading of this document, into the
                                               and biologics license applications                      well as any attachments, except for                   ‘‘Search’’ box, and follow the prompts;
                                               (BLAs) regulated by CDER, as well as                    information submitted, marked and                     and/or go to the Dockets Management
                                               certain supplemental applications                       identified as confidential, if submitted              Staff, 5630 Fishers Lane, Rm. 1061,
                                               containing new clinical study reports.                  as detailed in ‘‘Instructions.’’                      Rockville, MD 20852.
                                               This draft guidance, when finalized, is                    Instructions: All submissions received                Submit written requests for single
                                               intended to assist applicants in the                    must include the Docket No. FDA–                      copies of this draft guidance to the
                                               submission of electronic data and                       2018–D–0481 for ‘‘Standardized Format                 Division of Drug Information, Center for
                                               information in standardized formats,                    for Electronic Submission of New Drug                 Drug Evaluation and Research, Food
                                               and supersedes the previously issued                    Application and Certain Biologics                     and Drug Administration, 10001 New
                                               draft guidance entitled ‘‘Providing                     License Application Content for the                   Hampshire Ave., Hillandale Building,
                                               Submissions in Electronic Format—                       Planning of Bioresearch Monitoring                    4th Floor, Silver Spring, MD 20993–
                                               Summary Level Clinical Site Data for                    Inspections for Submissions to the                    0002. Send one self-addressed adhesive
                                               CDER’s Inspection Planning’’ (December                  Center for Drug Evaluation and                        label to assist that office in processing
                                               2012) (Summary Level Clinical Site                      Research; Draft Guidance for Industry;                your requests. See the SUPPLEMENTARY
                                               Draft Guidance).                                        Bioresearch Monitoring Technical                      INFORMATION section for electronic
                                               DATES: Although you can comment on                      Conformance Guide Containing                          access to the draft guidance document.
                                               any guidance at any time (see 21 CFR                    Technical Specifications; Availability.’’             FOR FURTHER INFORMATION CONTACT: Jean
                                               10.115(g)(5)), to ensure that the Agency                Received comments will be placed in                   Mulinde, Center for Drug Evaluation
                                               considers your comment on this draft                    the docket and, except for those                      and Research, Food and Drug
                                               guidance before it begins work on the                   submitted as ‘‘Confidential                           Administration, 10903 New Hampshire
                                               final version of the guidance, submit                   Submissions,’’ publicly viewable at                   Ave., Silver Spring, MD 20993–0002,
                                               either electronic or written comments                   https://www.regulations.gov or at the                 301–796–0768.
                                               on the draft guidance by April 17, 2018.                Dockets Management Staff between 9                    SUPPLEMENTARY INFORMATION:
                                               ADDRESSES: You may submit comments                      a.m. and 4 p.m., Monday through
                                                                                                                                                             I. Background
                                               as follows:                                             Friday.
                                                                                                          • Confidential Submissions—To                        FDA is announcing the availability of:
                                               Electronic Submissions                                  submit a comment with confidential                    (1) A draft guidance for industry
                                                 Submit electronic comments in the                     information that you do not wish to be                entitled ‘‘Standardized Format for
                                               following way:                                          made publicly available, submit your                  Electronic Submission of NDA and BLA
                                                 • Federal eRulemaking Portal:                         comments only as a written/paper                      Content for the Planning of Bioresearch
                                               https://www.regulations.gov. Follow the                 submission. You should submit two                     Monitoring Inspections (BIMO) for
                                               instructions for submitting comments.                   copies total. One copy will include the               CDER Submissions’’ and (2) the BIMO
                                               Comments submitted electronically,                      information you claim to be confidential              Technical Conformance Guide. This
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                                               including attachments, to https://                      with a heading or cover note that states,             draft guidance and the BIMO Technical
                                               www.regulations.gov will be posted to                   ‘‘THIS DOCUMENT CONTAINS                              Conformance Guide describe and
                                               the docket unchanged. Because your                      CONFIDENTIAL INFORMATION.’’ The                       provide specifications for the electronic
                                               comment will be made public, you are                    Agency will review this copy, including               submission of data and information in
                                               solely responsible for ensuring that your               the claimed confidential information, in              standardized formats, for submitting
                                               comment does not include any                            its consideration of comments. The                    information used by CDER in the
                                               confidential information that you or a                  second copy, which will have the                      planning of, and by ORA in the conduct


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                                                                             Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices                                            7045

                                               of, BIMO inspections. The draft                         requirement that guidances not establish              information collected, including the
                                               guidance and the technical conformance                  legally enforceable responsibilities (see             validity of the methodology and
                                               guide address major (i.e., pivotal)                     21 CFR 10.115(d); see also the guidance               assumptions used; (3) ways to enhance
                                               studies used to support safety and                      for industry ‘‘Providing Regulatory                   the quality, utility, and clarity of the
                                               efficacy claims in NDAs, BLAs, and                      Submissions in Electronic Format—                     information collected; and (4) ways to
                                               NDA and BLA supplemental                                Submissions Under Section 745A(a) of                  minimize the burden of information
                                               applications containing new clinical                    the Federal Food, Drug, and Cosmetic                  collected on the respondents, including
                                               study reports that are regulated by                     Act,’’ available at https://www.fda.gov/              through the use of automated collection
                                               CDER.                                                   Drugs/GuidanceComplianceRegulatory                    techniques, when appropriate, and other
                                                  To meet its review performance goals                 Information/Guidances/default.htm.                    forms of information technology.
                                               in accordance with CDER good review                        To comply with GGP regulations and                    The draft guidance and the
                                               management principles and practices                     make sure that regulated entities and the             Bioresearch Monitoring Technical
                                               for products covered by the Prescription                public understand that guidance                       Conformance Guide provide the
                                               Drug User Fee Act, CDER generally                       documents are nonbinding, FDA                         electronic format and specifications for
                                               initiates inspection planning early in                  guidances ordinarily contain standard                 submission of data and information
                                               the application review process (i.e.,                   language explaining that guidance                     used by CDER in the planning of, and
                                               during the filing determination and                     documents should be viewed only as                    by ORA in the conduct of, BIMO
                                               review planning phase). CDER’s                          recommendations unless specific                       inspections. Data and information
                                               inspection planning includes the                        regulatory or statutory requirements are              described in the draft guidance
                                               selection of clinical investigator sites                cited. FDA is not including this
                                                                                                                                                             comprises information required in parts
                                               and other regulated entities for on-site                standard language in this draft guidance
                                                                                                                                                             312, 314, or 601 (21 CFR parts 312, 314,
                                               inspections, and the preparation of                     document because it is not an accurate
                                                                                                                                                             or 601), including case histories
                                               assignment memos and background                         description of this guidance. Insofar as
                                                                                                                                                             (§ 312.62(b)), information regarding
                                               packages that CDER provides to FDA’s                    this guidance specifies the format for
                                                                                                                                                             foreign clinical studies not conducted
                                               ORA, which performs FDA’s BIMO                          electronic submissions pursuant to
                                                                                                                                                             under an investigational new drug
                                               inspections. CDER uses the data and                     section 745A(a) of the FD&C Act, when
                                                                                                                                                             application (IND) (§ 312.120), and the
                                               information described in this guidance                  finalized, it will have binding effect.
                                                                                                          The draft guidance and the BIMO                    clinical data section (§ 314.50(d)(5)) and
                                               to plan BIMO inspections, including: (1)
                                                                                                       Technical Conformance Guide, when                     case report forms and tabulations
                                               To facilitate the timely identification of
                                               sites for inspection and (2) to ensure the              finalized, will represent the current                 (§ 314.50(f)), or in part 601 (§ 601.2
                                               availability of information needed to                   thinking of FDA on standardized format                Applications for biologics licenses;
                                               conduct BIMO inspections by ORA                         for electronic submission of NDA and                  procedures for filing) in an NDA, BLA,
                                               investigators.                                          BLA content for the planning of BIMO                  or supplement. The draft guidance and
                                                  This draft guidance and the associated               inspections for CDER Submissions.                     the associated technical conformance
                                               technical conformance guide supersede                                                                         guide describe the electronic format of
                                                                                                       II. Paperwork Reduction Act of 1995                   clinical study-level information, subject-
                                               the previously issued Summary Level
                                               Clinical Site Draft Guidance that                          Under the Paperwork Reduction Act                  level data line listings by clinical site,
                                               published in the Federal Register on                    of 1995 (the PRA) (44 U.S.C. 3501–                    and the summary-level clinical site
                                               December 19, 2012 (77 FR 75174). FDA                    3520), Federal Agencies must obtain                   dataset that are submitted from all major
                                               carefully considered all of the                         approval from the Office of Management                (i.e., pivotal) studies used to support
                                               comments received to the docket for the                 and Budget (OMB) for each collection of               safety and efficacy claims in NDAs,
                                               Summary Level Clinical Site Draft                       information that they conduct or                      BLAs, and NDA and BLA supplemental
                                               Guidance in developing this guidance.                   sponsor. ‘‘Collection of information’’ is             applications containing new clinical
                                               This draft guidance includes                            defined in 44 U.S.C. 3502(3) and 5 CFR                study reports. The variables described
                                               clarifications, additional detail on some               1320.3(c) and includes Agency requests                in the format are elements currently
                                               topics, revised nomenclature for some                   or requirements that members of the                   used in other submissions; some of the
                                               data variables, and descriptions of                     public submit reports, keep records, or               variable names described in the
                                               additional data and information in                      provide information to a third party.                 summary-level clinical site dataset are
                                               standardized formats that are submitted                 Section 3506(c)(2)(A) of the PRA (44                  new. The financial disclosure
                                               in NDAs and BLAs to CDER, to facilitate                 U.S.C. 3506(c)(2)(A)) requires Federal                information is currently reported in
                                               the planning of routine BIMO                            Agencies to provide a 60-day notice in                Module 1 (region specific information)
                                               inspections.                                            the Federal Register for each proposed                of the electronic common technical
                                                  In section 745A(a) of the Federal                    collection of information before                      document, but is new as a variable in
                                               Food, Drug, and Cosmetic Act (21 U.S.C.                 submitting the collection to OMB for                  the summary-level clinical site dataset.
                                               379k–1(a)), Congress granted explicit                   approval. To comply with this                         In addition, identifying that a study has
                                               authorization to FDA to specify, in                     requirement, FDA is publishing this                   been conducted under an IND is new as
                                               guidance, the electronic format for                     notice of the proposed collection of                  a request in a dataset. Initial preparation
                                               submissions under section 505(b), (i), or               information set forth in this document.               of some of the clinical study-level
                                               (j) of the FD&C Act (21 U.S.C. 355(b), (i),                With respect to the collection of                  information, the subject-level data line
                                               or (j)) and submissions under section                   information associated with this draft                listings by clinical site, and the
                                               351(a) or (k) of the Public Health Service              guidance and the associated technical                 summary-level clinical site dataset and
                                               Act (42 U.S.C. 262(a) or (k)).                          conformance guide, FDA invites                        the development of new standard
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                                               Accordingly, to the extent that this                    comments on the following topics: (1)                 operating procedures (SOPs) would
                                               guidance, when finalized, provides such                 Whether the proposed information                      require added time. Once SOPs have
                                               requirements, as indicated by the use of                collected is necessary for the proper                 been established, generation of the
                                               the words must or required, this                        performance of FDA’s functions,                       clinical study-level information, subject-
                                               guidance will not be subject to the usual               including whether the information will                level data line listings by clinical site,
                                               restrictions in FDA’s good guidance                     have practical utility; (2) the accuracy of           and the summary-level clinical site
                                               practice (GGP) regulations, such as the                 FDA’s estimated burden of the proposed                dataset should not involve significant


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                                               7046                                    Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Notices

                                               additional work. The applicant would                                       dataset for each application would take                                      assurance procedures, which would add
                                               likely perform more quality assurance,                                     approximately 40 hours to prepare.                                           approximately 2 hours for each
                                               which may add time to preparation and                                      Initial preparation of the clinical study-                                   submission.
                                               review of the submission.                                                  level information, subject-level data line                                     This draft guidance also refers to
                                                  Based on CDER’s data on the number                                      listings by clinical site, and the                                           previously approved collections of
                                               of NDAs, BLAs, and NDA and BLA                                             summary-level clinical site dataset                                          information found in FDA regulations.
                                               supplemental applications containing                                       could involve the development of new                                         The collections of information in part
                                               new clinical study reports that would be                                   SOPs for some applicants. We estimate
                                               covered by the draft guidance, we                                                                                                                       312 have been approved under OMB
                                                                                                                          that 75 applicants would take                                                control number 0910–0014; the
                                               estimate that each year approximately
                                                                                                                          approximately 20 hours to develop and                                        collections of information in part 314
                                               75 applicants will submit for 125
                                               original NDA or BLA applications and                                       subsequently 2 hours annually to                                             have been approved under OMB control
                                               152 supplemental applications                                              maintain and update the SOP(s). The                                          number 0910–0001; the collections of
                                               containing new clinical study reports.                                     clinical study-level information, subject-                                   information in part 601 have been
                                               We estimate that the submission of the                                     level data line listings by clinical site,                                   approved under OMB control number
                                               clinical study-level information, subject-                                 and the summary-level clinical site                                          0910–0338.
                                               level data line listings by clinical site,                                 dataset submitted with each application                                        FDA estimates the burden of this
                                               and the summary-level clinical site                                        would likely involve additional quality                                      collection of information as follows:
                                                                                                                     TABLE 1—ESTIMATED REPORTING BURDEN 1
                                                                                                                                                                     Number of
                                                                                                                                Number of                          responses per                         Total                   Hours per
                                                                            Activity                                           respondents                                                                                                               Total hours
                                                                                                                                                                     respondent                       responses                  response
                                                                                                                            (i.e., applicants)                  (i.e., applications)

                                               Submissions (clinical study-level information,
                                                 subject-level data line listings by clinical
                                                 site, and the summary-level clinical site
                                                 dataset) .........................................................                                  75                                    3.7                       277                          40           11,080
                                               Quality Assurance ............................................                                        75                                    3.7                       277                           2              554

                                                     Total ..........................................................    ................................   ....................................   ........................   ........................         11,634
                                                  1 There    are no capital costs or operating and maintenance costs associated with this information collection.

                                                                                                                TABLE 2—ESTIMATED RECORDKEEPING BURDEN 1
                                                                                                                                                                           Number of
                                                                                                                                               Number of                                                 Total                   Hours per
                                                                                      Activity                                                                            records per                                                                    Total hours
                                                                                                                                             recordkeepers                                              records                recordkeeper
                                                                                                                                                                         recordkeeper

                                               Develop Initial SOP(s) .........................................................                                  75                           1                        75                         20            1,500
                                               Maintain and Update SOP(s) ...............................................                                        75                           1                        75                          2              150

                                                     Total ..............................................................................    ........................   ........................   ........................   ........................          1,650
                                                  1 There    are no capital costs or operating and maintenance costs associated with this information collection.


                                               II. Electronic Access                                                      DEPARTMENT OF HEALTH AND                                                     withdrawn from sale for reasons of
                                                                                                                          HUMAN SERVICES                                                               safety or effectiveness. This
                                                 Persons with access to the internet                                                                                                                   determination will allow FDA to
                                               may obtain the draft guidance at either                                    Food and Drug Administration                                                 approve abbreviated new drug
                                               https://www.fda.gov/Drugs/Guidance                                                                                                                      applications (ANDAs) for benazepril
                                                                                                                          [Docket No. FDA–2017–P–4852]
                                               ComplianceRegulatoryInformation/                                                                                                                        hydrochloride; hydrochlorothiazide oral
                                               Guidances/default.htm or https://                                          Determination That LOTENSIN HCT                                              tablets, 5 mg and 6.25 mg, if all other
                                               www.regulations.gov.                                                       (Benazepril Hydrochloride;                                                   legal and regulatory requirements are
                                                 Dated: February 9, 2018.                                                 Hydrochlorothiazide) Oral Tablets, 5                                         met.
                                               Leslie Kux,                                                                Milligrams and 6.25 Milligrams, Were                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                          Not Withdrawn From Sale for Reasons                                          Stacy Kane, Center for Drug Evaluation
                                               Associate Commissioner for Policy.
                                                                                                                          of Safety or Effectiveness                                                   and Research, Food and Drug
                                               [FR Doc. 2018–03236 Filed 2–15–18; 8:45 am]
                                                                                                                          AGENCY:           Food and Drug Administration,                              Administration, 10903 New Hampshire
                                               BILLING CODE 4164–01–P
                                                                                                                          HHS.                                                                         Ave., Bldg. 51, Rm. 6236, Silver Spring,
                                                                                                                                                                                                       MD 20993–0002, 301–796–8363,
                                                                                                                          ACTION:       Notice.
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                                                                                                                                                                                                       Stacy.Kane@fda.hhs.gov.
                                                                                                                          SUMMARY:  The Food and Drug                                                  SUPPLEMENTARY INFORMATION: In 1984,
                                                                                                                          Administration (FDA or Agency) has                                           Congress enacted the Drug Price
                                                                                                                          determined that LOTENSIN HCT                                                 Competition and Patent Term
                                                                                                                          (benazepril hydrochloride;                                                   Restoration Act of 1984 (Pub. L. 98–417)
                                                                                                                          hydrochlorothiazide) oral tablets, 5                                         (the 1984 amendments), which
                                                                                                                          milligrams (mg) and 6.25 mg, were not                                        authorized the approval of duplicate


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Document Created: 2018-02-16 00:55:28
Document Modified: 2018-02-16 00:55:28
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.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by April 17, 2018.
ContactJean Mulinde, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-0768.
FR Citation83 FR 7043 

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