Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Investigational New Drug Applications
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and cle...
The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
DATES:
Fax written comments on the collection of information by March 14, 2019.
ADDRESSES:
To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202-395-7285, or emailed to
oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910-0014. Also include the FDA docket number found
( printed page 3463)
in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT:
JonnaLynn Capezzuto, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-3794,
PRAStaff@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.
This information collection supports FDA regulations in 21 CFR part 312 covering Investigational New Drugs. Part 312 implements provisions of section 505(i) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) requiring FDA to issue regulations under which the clinical investigation of the safety and effectiveness of unapproved new drugs and biological products can be conducted.
FDA is charged with implementing statutory requirements that ensure drug products marketed in the United States are shown to be safe and effective, properly manufactured, and properly labeled for their intended uses. Section 505(a) of the FD&C Act provides that a new drug may not be introduced or delivered for introduction into interstate commerce in the United States unless FDA has previously approved a new drug application (NDA). FDA approves an NDA only if the sponsor of the application first demonstrates that the drug is safe and effective for the conditions prescribed, recommended, or suggested in the product's labeling. Proof must consist, in part, of adequate and well-controlled studies, including studies in humans, that are conducted by qualified experts.
The investigational new drug application (IND) regulations under part 312 establish reporting requirements that include an initial application as well as amendments to that application, reports on significant revisions of clinical investigation plans, and information on a drug's safety or effectiveness. In addition, the sponsor is required to give FDA an annual summary of the previous year's clinical experience. The regulations also include recordkeeping requirements pertaining to the disposition of drugs, records pertaining to individual case histories, and certain other documentation verifying the fulfillment of responsibilities by clinical investigators.
Submissions are reviewed by medical officers and other Agency scientific reviewers assigned responsibility for overseeing a specific study. The details and complexity of these requirements are dictated by the scientific procedures and human subject safeguards that must be followed in the clinical tests of investigational new drugs.
The IND information collection requirements provide the means by which FDA can monitor the clinical investigation of the safety and effectiveness of unapproved new drugs and biological products, including the following: (1) Monitor the safety of ongoing clinical investigations; (2) determine whether the clinical testing of a drug should be authorized; (3) ensure production of reliable data on the metabolism and pharmacological action of the drug in humans; (4) obtain timely information on adverse reactions to the drug; (5) obtain information on side effects associated with increasing doses; (6) obtain information on the drug's effectiveness; (7) ensure the design of well-controlled, scientifically valid studies; and (8) obtain other information pertinent to determining whether clinical testing should be continued and information related to the protection of human subjects. Without the information provided by industry as required under the IND regulations, FDA cannot authorize or monitor the clinical investigations that must be conducted before authorizing the sale and general use of new drugs. These reports enable FDA to monitor a study's progress, to ensure the safety of subjects, to ensure that a study will be conducted ethically, and to increase the likelihood that the sponsor will conduct studies that will be useful in determining whether the drug should be marketed and available for use in medical practice.
To assist respondents with certain reporting requirements under part 312, we have developed two forms: Form FDA 1571 entitled, “Investigational New Drug Application (IND)” and Form FDA 1572 entitled, “Statement of Investigator.” Anyone who intends to conduct a clinical investigation must submit Form FDA 1571 as instructed. The reporting elements include: (1) A cover sheet containing background information on the sponsor and investigator; (2) a table of contents; (3) an introductory statement and general investigational plan; (4) an investigator's brochure describing the drug substance; (5) a protocol for each planned study; (6) chemistry, manufacturing, and control information for each investigation; (7) pharmacology and toxicology information for each investigation; and (8) previous human experience with the investigational drug. Form FDA 1572 is executed and submitted by the IND sponsor before an investigator may participate in an investigation. It includes background information on the investigator as well as the investigation, and a general outline of the planned investigation and study protocol.
In the
Federal Register
of October 4, 2018 (83 FR 50102) FDA published a 60-day notice requesting public comment on the proposed collection of information. We received one comment. The comment did not pertain to the regulations or estimates provided in the 60-day notice requesting that OMB extend its approval for the information collection in these regulations. Rather, the comment discussed issues that pertained to Docket No. FDA-2010-D-0503 for the “Guidance for Clinical Investigators, Sponsors, and Institutional Review Boards (IRBs): Investigational New Drug Applications (INDs)—Determining Whether Human Research Studies Can Be Conducted Without an IND.” Accordingly, we have submitted the comment to Docket No. FDA-2010-D-0503.
FDA estimates the burden of this collection of information as follows:
Table 1—Estimated Annual Reporting Burden for Human Drugs (CDER) 1
21 CFR section
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average
burden per
response
Total hours
§ 312.2(e); Requests for FDA advice on the applicability of part 312 to a planned clinical investigation
400
1
400
24
9,600
§ 312.8; Requests to charge for an investigational drug
74
1.23
91
48
4,368
§ 312.10; Requests to waive a requirement in part 312
86
1.84
158
24
3,792
( printed page 3464)
§ 312.23(a) through (f); IND content and format (including Form FDA 1571)
2,187
1.7
3,718
1,600
5,948,800
§ 312.30(a) through (e); Protocol amendments
4,418
5.52
24,387
284
6,925,908
§ 312.31(b); Information amendments
6,691
3.32
22,214
100
2,221,400
§ 312.32(c) and (d); IND safety reports
867
15.78
13,681
32
437,792
§ 312.33(a) through (f); IND annual reports
3,376
2.86
9,655
360
3,475,800
§ 312.38(b) and (c); Notifications of withdrawal of an IND
930
1.61
1,497
28
41,916
§ 312.42; Sponsor requests that a clinical hold be removed, including sponsor submission of a complete response to the issues identified in the clinical hold order
198
1.38
273
284
77,532
§ 312.44(c) and (d); Sponsor responses to FDA when IND is terminated
12
1.16
14
16
224
§ 312.45(a) and (b); Sponsor requests for or responses to an inactive status determination of an IND by FDA
231
1.84
425
12
5,100
§ 312.47; Meetings, including “End-of-Phase 2” meetings and “Pre-NDA” meetings
122
1.51
184
160
29,440
§ 312.54(a); Sponsor submissions to FDA concerning investigations involving an exception from informed consent under § 50.24
15
2.4
36
48
1,728
§ 312.54(b); Sponsor notifications to FDA and others concerning an IRB determination that it cannot approve research because it does not meet the criteria in the exception from informed consent in § 50.24(a)
2
1
2
48
96
§ 312.56(b), (c), and (d); Sponsor notifications to FDA and others resulting from: (1) The sponsor's monitoring of all clinical investigations and determining that an investigator is not in compliance with the investigation agreements; (2) the sponsor's review and evaluation of the evidence relating to the safety and effectiveness of the investigational drug; and (3) the sponsor's determination that the investigational drug presents an unreasonable and significant risk to subjects
6,100
7
42,700
80
3,416,000
§ 312.58(a); Sponsor's submissions of clinical investigation records to FDA on request during FDA inspections
73
1
73
8
584
§ 312.70; During the disqualification process of a clinical investigator by FDA, the number of investigator responses or requests to FDA following FDA's notification to an investigator of its failure to comply with investigation requirements
4
1
4
40
160
§ 312.110(b)(4) and (b)(5); Written certifications and written statements submitted to FDA relating to the export of an investigational drug
11
26.28
289
75
21,675
§ 312.120(b); Submissions to FDA of “supporting information” related to the use of foreign clinical studies not conducted under an IND
1,414
8.62
12,189
32
390,048
§ 312.120(c); Waiver requests submitted to FDA related to the use of foreign clinical studies not conducted under an IND
35
2.34
82
24
1,968
§ 312.130; Requests for disclosable information in an IND and for investigations involving an exception from informed consent under § 50.24
3
1
3
8
24
§§ 312.310(b) and 312.305(b); Submissions related to expanded access and treatment of an individual patient
935
2.77
2,590
8
20,720
§ 312.310(d); Submissions related to emergency use of an investigational new drug
480
2.15
1,032
16
16,512
§§ 312.315(c) and 312.305(b); Submissions related to expanded access and treatment of an intermediate-size patient population
118
2.52
297
120
35,640
§ 312.320(b); Submissions related to a treatment IND or treatment protocol
10
12.9
129
300
38,700
Total
23,125,527
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
( printed page 3465)
Table 2—Estimated Annual Recordkeeping Burden for Human Drugs (CDER) 1
21 CFR section
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average
burden per
recordkeeping
Total hours
§ 312.52(a); Sponsor records for the transfer of obligations to a contract research organization
1,300
1
1,300
2
2,600
§ 312.57; Sponsor recordkeeping showing the receipt, shipment, or other disposition of the investigational drug and any financial interests
13,000
1
13,000
100
1,300,000
§ 312.62(a); Investigator recordkeeping of the disposition of drugs
13,000
1
13,000
40
520,000
§ 312.62(b); Investigator recordkeeping of case histories of individuals
13,000
1
13,000
40
520,000
§ 312.160(a)(3); Records pertaining to the shipment of drugs for investigational use in laboratory research animals or in vitro tests
547
1.43
782
* 0.50
391
§ 312.160(c); Shipper records of alternative disposition of unused drugs
547
1.43
782
* 0.50
391
Total
2,343,382
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
* 30 minutes.
Table 3—Estimated Annual Third-Party Disclosure Burden for Human Drugs (CDER) 1
21 CFR section
Number of
respondents
Number of
disclosures per
respondent
Total annual
disclosures
Average
burden per
disclosure
Total hours
§ 312.53(c); Investigator reports submitted to the sponsor, including Form FDA 1572, curriculum vitae, clinical protocol, and financial disclosure
1,732
7.94
13,752
80
1,100,160
§ 312.55(a); Investigator brochures submitted by the sponsor to each investigator
995
4
3,980
48
191,040
§ 312.55(b); Sponsor reports to investigators on new observations, especially adverse reactions and safe use
995
4
3,980
48
191,040
§ 312.64; Investigator reports to the sponsor, including progress reports, safety reports, final reports, and financial disclosure reports
13,000
1
13,000
24
312,000
Total
1,794,240
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
Table 4—Estimated Annual Reporting Burden for Biologics (CBER) 1
21 CFR section
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average
burden per
response
Total hours
§ 312.2(e); Requests for FDA advice on the applicability of part 312 to a planned clinical investigation
217
1.18
256
24
6,144
§ 312.8; Requests to charge for an investigational drug
20
1.50
30
48
1,440
§ 312.10;Requests to waive a requirement in part 312
2
1
2
24
48
§ 312.23(a) through (f); IND content and format
335
1.35
452
1,600
723,200
§ 312.30(a) through (e); Protocol amendments
694
5.84
4,053
284
1,151,052
§ 312.31 (b); Information amendments
77
2.43
187
100
18,700
§ 312.32(c) and (d); IND Safety reports
161
8.83
1,422
32
45,504
§ 312.33(a) through (f); IND Annual reports
745
2.14
1,594
360
573,840
§ 312.38(b) and (c); Notifications of withdrawal of an IND
134
1.69
226
28
6,328
§ 312.42; Sponsor requests that a clinical hold be removed, including sponsor submission of a complete response to the issues identified in the clinical hold order
67
1.30
87
284
24,708
§ 312.44(c) and (d); Sponsor responses to FDA when IND is terminated
34
1.15
39
16
624
§ 312.45(a) and (b); Sponsor requests for or responses to an inactive status determination of an IND by FDA
55
1.38
76
12
912
§ 312.47; Meetings, including “End-of-Phase 2” meetings and “Pre-NDA” meetings
88
1.75
154
160
24,640
§ 312.53(c); Investigator reports submitted to the sponsor, including Form FDA 1572, curriculum vitae, clinical protocol, and financial disclosure
453
6.33
2,867
80
229,360
( printed page 3466)
§ 312.54(a); Sponsor submissions to FDA concerning investigations involving an exception from informed consent under § 50.24
1
1
1
48
48
§ 312.54(b); Sponsor notifications to FDA and others concerning an IRB determination that it cannot approve research because it does not meet the criteria in the exception from informed consent in § 50.24(a)
1
1
1
48
48
§ 312.55(a); Number of investigator brochures submitted by the sponsor to each investigator
239
1.91
456
48
21,888
§ 312.55(b); Number of sponsor reports to investigators on new observations, especially adverse reactions and safe use
243
4.95
1,203
48
57,744
§ 312.56(b), (c), and (d); Sponsor notifications to FDA and others resulting from: (1) The sponsor's monitoring of all clinical investigations and determining that an investigator is not in compliance with the investigation agreements; (2) the sponsor's review and evaluation of the evidence relating to the safety and effectiveness of the investigational drug; and (3) the sponsor's determination that the investigational drug presents an unreasonable and significant risk to subjects
108
2.21
239
80
19,120
§ 312.58(a); Number of sponsor's submissions of clinical investigation records to FDA on request during FDA inspections
7
1
7
8
56
§ 312.64; Number of investigator reports to the sponsor, including progress reports, safety reports, final reports, and financial disclosure reports
2,728
3.82
10,421
24
250,104
§ 312.70; During the disqualification process of a clinical investigator by FDA, the number of investigator responses or requests to FDA following FDA's notification to an investigator of its failure to comply with investigation requirements
5
1
5
40
200
§ 312.110(b)(4) and (b)(5); Number of written certifications and written statements submitted to FDA relating to the export of an investigational drug
18
1
18
75
1,350
§ 312.120(b); Number of submissions to FDA of “supporting information” related to the use of foreign clinical studies not conducted under an IND
280
9.82
2,750
32
88,000
§ 312.120(c); Number of waiver requests submitted to FDA related to the use of foreign clinical studies not conducted under an IND
7
2.29
16
24
384
§ 312.130; Number of requests for disclosable information in an IND and for investigations involving an exception from informed consent under § 50.24
350
1.34
469
8
3,752
§ 312.310(b) and 312.305(b); Number of submissions related to expanded access and treatment of an individual patient
78
1.08
84
8
672
§ 312.310(d);Number of submissions related to emergency use of an investigational new drug
76
2.76
210
16
3,360
§ 312.315(c) and 312.305(b); Number of submissions related to expanded access and treatment of an intermediate-size patient population
9
1
9
120
1,080
§ 312.320(b); Number of submissions related to a treatment IND or treatment protocol
1
1
1
300
300
Total
3,254,606
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
Table 5—Estimated Annual Recordkeeping Burden for Biologics (CBER) 1
21 CFR section
Number of
recordkeepers
Number of
records per
recordkeeper
Total annual
records
Average
burden per
recordkeeping
Total hours
§ 312.52(a); Sponsor records for the transfer of obligations to a contract research organization
75
1.40
105
2
210
§ 312.57; Sponsor recordkeeping showing the receipt, shipment, or other disposition of the investigational drug, and any financial interests
335
2.70
904
100
90,400
( printed page 3467)
§ 312.62(a); Investigator recordkeeping of the disposition of drugs
453
1
453
40
18,120
§ 312.62(b); Investigator recordkeeping of case histories of individuals
453
1
453
40
18,120
§ 312.160(a)(3); Records pertaining to the shipment of drugs for investigational use in laboratory research animals or in vitro tests
111
1.40
155
* 0.5
78
§ 312.160(c); Shipper records of alternative disposition of unused drugs
111
1.40
155
* 0.5
78
Total
127,006
1
There are no capital costs or operating and maintenance costs associated with this collection of information.
* 30 minutes.
Because we have received an increased number of IND submissions since the last OMB approval of the information collection, we have increased our estimate of the associated burden accordingly.
Use this for formal legal and research references to the published document.
84 FR 3462
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Investigational New Drug Applications,” thefederalregister.org (February 12, 2019), https://thefederalregister.org/documents/2019-01962/agency-information-collection-activities-submission-for-office-of-management-and-budget-review-comment-request-investiga.