Current Good Manufacturing Practice for Positron Emission Tomography Drugs, 55038-55062 [05-18510]
Download as PDF
55038
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
§ 72.214 List of approved spent fuel
storage casks.
*
*
*
*
*
Certificate Number: 1004.
Initial Certificate Effective Date:
January 23, 1995.
Amendment Number 1 Effective Date:
April 27, 2000.
Amendment Number 2 Effective Date:
September 5, 2000.
Amendment Number 3 Effective Date:
September 12, 2001.
Amendment Number 4 Effective Date:
February 12, 2002.
Amendment Number 5 Effective Date:
January 7, 2004.
Amendment Number 6 Effective Date:
December 22, 2003.
Amendment Number 7 Effective Date:
March 2, 2004.
Amendment Number 8 Effective Date:
December 5, 2005.
SAR Submitted by: Transnuclear, Inc.
SAR Title: Final Safety Analysis
Report for the Standardized NUHOMS
Horizontal Modular Storage System for
Irradiated Nuclear Fuel.
Docket Number: 72–1004.
Certificate Expiration Date: January
23, 2015.
Model Number: NUHOMS–24P,
–52B, –61BT, –32PT, –24PHB, and
–24PTH.
*
*
*
*
*
Dated at Rockville, Maryland, this 1st day
of September, 2005.
For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05–18663 Filed 9–19–05; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
21 CFR Parts 210, 211, and 212
[Docket No. 2004N–0439]
Current Good Manufacturing Practice
for Positron Emission Tomography
Drugs
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is issuing
proposed regulations on current good
manufacturing practice (CGMP) for
positron emission tomography (PET)
drug products. The regulations are
intended to ensure that PET drug
products meet the requirements of the
Federal Food, Drug, and Cosmetic Act
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
Submit written or electronic
comments by December 19, 2005.
Submit written comments on the
information collection requirements by
October 20, 2005. See section VII of this
document for the proposed effective
date of a final rule based on this
document.
DATES:
You may submit comments,
identified by Docket No. 2004N–0439,
by any of the following methods:
ADDRESSES:
Electronic Submissions
Submit electronic comments in the
following ways:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: https://
www.fda.gov/dockets/ecomments.
Follow the instructions for submitting
comments on the agency Web site.
Written Submissions
Food and Drug Administration
AGENCY:
(the act) regarding safety, identity,
strength, quality, and purity. We are
proposing to establish CGMP
requirements for approved PET drug
products. For investigational and
research PET drugs, the proposed rule
states that the requirement to follow
CGMP may be met by producing PET
drugs in accordance with the United
States Pharmacopeia (USP) general
chapter on compounding PET
radiopharmaceuticals. We are proposing
to establish these CGMP requirements
for all PET drugs under the provisions
of the Food and Drug Administration
Modernization Act of 1997 (the
Modernization Act). Elsewhere in this
issue of the Federal Register, FDA is
announcing the availability of the draft
guidance entitled ‘‘PET Drug Products—
Current Good Manufacturing Practice
(CGMP).’’
Submit written submissions in the
following ways:
• FAX: 301–827–6870.
• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]:
Division of Dockets Management (HFA–
305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville,
MD 20852.
To ensure more timely processing of
comments, FDA is no longer accepting
comments submitted to the agency by email. FDA encourages you to continue
to submit electronic comments by using
the Federal eRulemaking Portal or the
agency Web site, as described in the
Electronic Submissions portion of this
paragraph.
Instructions: All submissions received
must include the agency name and
Docket No(s). or Regulatory Information
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Number (RIN) for this rulemaking. All
comments received may be posted
without change to https://www.fda.gov/
ohrms/dockets/default.htm, including
any personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.fda.gov/ohrms/dockets/
default.htm and insert the docket
number(s), found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Brenda Uratani, Center for Drug
Evaluation and Research (HFD–320),
Food and Drug Administration, 11919
Rockville Pike, Rockville, MD 20852,
301–827–8941.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Background
B. The Modernization Act and PET
Drugs
C. The Nature of PET Drug Production
and Our Proposed Regulations
II. Description of the Proposed Rule
A. Exclusion of PET Drug Products
From CGMP Regulations in Parts
210 and 211
B. Definitions
C. Describing CGMP Requirements for
PET Drugs
D. Applicability of CGMP Regulations
E. Adequate Personnel and Resources
F. Quality Assurance
G. Facilities and Equipment
H. Control of Components,
Containers, and Closures
I. Production and Process Controls
J. Laboratory Testing Requirements
K. Stability
L. Controls and Acceptance Criteria
for Finished Products
M. Actions To Be Taken if Product
Does Not Conform to Specifications
N. Labeling and Packaging
O. Distribution Controls
P. Complaint Handling
Q. Records
III. Analysis of Economic Impacts
A. Regulatory Benefits
B. Regulatory Costs
C. Compliance Requirements
1. Costs to Establish SOPs
2. Equipment Costs
3. Process Verification Costs
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
4. Total Costs
D. Growth of the PET Industry
E. Regulatory Flexibility Analysis
1. Objective of the Rule
2. Definition of Small Entities
3. Impact on Small Entities
4. Other Federal Rules
5. Description of Alternatives
IV. Environmental Impact
V. The Paperwork Reduction Act of
1995
A. Investigational and Research PET
Drugs
B. Batch Production and Control
Records
C. Equipment and Facilities Records
D. Records of Components,
Containers, and Closures
E. Process Verification
F. Laboratory Testing Records
G. Sterility Test Failure Notices
H. Conditional Final Releases
I. Out-of-Specification Investigations
J. Reprocessing Procedures
K. Distribution Records
L. Complaints
VI. Federalism
VII. Proposed Effective Date
VIII. Request for Comments
I. Introduction
A. Background
Positron emission tomography is a
medical imaging modality involving the
use of a unique type of
radiopharmaceutical drug product. The
majority of PET drug products are
injected intravenously into patients for
diagnostic purposes. Most PET drugs are
produced using cyclotrons and other
production equipment at locations that
are close to the patients to whom the
drugs are administered (e.g., in hospitals
or academic institutions). Due to their
short half-lives, PET drugs usually are
administered to patients within a few
minutes or hours of production.
Under section 501(a)(2)(B) of the act
(21 U.S.C. 351(a)(2)(B)), a drug is
adulterated if the methods used in, or
the facilities or controls used for, its
manufacture, processing, packing, or
holding do not conform to or are not
operated or administered in conformity
with CGMP to ensure that the drug
meets the requirements of the act as to
safety and has the identity and strength,
and meets the quality and purity
characteristics, that it purports or is
represented to possess. Our CGMP
requirements for non-PET drug products
are set forth in parts 210 and 211 (21
CFR parts 210 and 211).
B. The Modernization Act and PET
Drugs
On November 21, 1997, the President
signed the Modernization Act (Public
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
Law 105–115) into law. Section 121 of
the Modernization Act contains several
provisions affecting the regulation of
PET drugs. Section 121(d) directed us to
terminate the application of the
following three Federal Register
documents:
• A notice entitled ‘‘Regulation of
Positron Emission Tomography
Radiopharmaceutical Drug Products;
Guidance; Public Workshop’’ (60 FR
10594, February 27, 1995). This notice
stated that traditional CGMP
requirements in parts 210 and 211 were
applicable to PET drugs.
• A notice that announced the
availability of a draft guideline on the
production of PET drugs (60 FR 10593,
February 27, 1995).
• A final rule authorizing us to
approve exceptions or alternatives to the
application of CGMP requirements to
the production of PET drugs (62 FR
19493, April 22, 1997).
We terminated the application of
these three documents in a notice (62
FR 66636) and final rule (62 FR 66522)
published in the December 19, 1997,
issue of the Federal Register.
Section 121(c)(1)(A) of the
Modernization Act directs us to
establish appropriate approval
procedures and CGMP requirements for
PET drugs. Section 121(c)(2) of the
Modernization Act provides that FDA
cannot require the submission of a new
drug application (NDA) or abbreviated
new drug application (ANDA) for a PET
drug product until 2 years after the day
we publish a final rule establishing
CGMP requirements for PET drug
products.
Section 121(c)(1)(B) of the
Modernization Act states that, in
adopting CGMP and approval
requirements, we must take due account
of any relevant differences between notfor-profit institutions that compound
PET drugs for their patients and
commercial manufacturers of such
drugs. We discuss the nature of PET
drug production in section I.C of this
document.
Section 121(c)(1)(B) of the
Modernization Act also directs us, as we
develop PET drug CGMP requirements
and approval procedures, to consult
with patient advocacy groups,
professional associations,
manufacturers, and physicians and
scientists who make or use PET drugs.
We have taken the following steps in
developing the PET drug CGMP
regulations:
• We presented our initial tentative
approach to PET drug CGMP
requirements and responded to
numerous questions and comments
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
55039
about that approach at a public meeting
on February 19, 1999.
• In accordance with §§ 10.40(f)(4)
and 10.80(b)(2) (21 CFR 10.40(f)(4) and
10.80(b)(2), we announced the
availability of preliminary draft
regulations on PET drug CGMP
requirements in the September 22, 1999,
issue of the Federal Register (64 FR
51274).
• We held a public meeting to discuss
the preliminary draft regulations on
September 28, 1999.
• After considering the comments on
the preliminary draft regulations, in
accordance with §§ 10.40(f)(4) and
10.80(b)(2), we announced the
availability of a preliminary draft
proposed rule on PET drug CGMP
requirements in the April 1, 2002, issue
of the Federal Register (67 FR 15344).
• We also announced the availability
of a draft guidance on ‘‘PET Drug
Products—Current Good Manufacturing
Practice for Positron Emission
Tomography’’ on April 1, 2002 (67 FR
15404).
• We held a public meeting to discuss
the preliminary draft proposed rule and
draft guidance on April 21, 2002.
• After considering the comments on
the preliminary draft proposed rule, we
are now issuing this proposed rule on
PET drug CGMP requirements.
Elsewhere in this issue of the Federal
Register, we are making available for
comment a revised draft guidance on
CGMP for PET drug products.
C. The Nature of PET Drug Production
and Our Proposed Regulations
As directed by Congress in the
Modernization Act, to aid our
development of these proposed
regulations, we closely examined the
operations of many PET drug producers,
including not-for-profit institutions and
commercial manufacturers. Since the
Modernization Act became law, PET
drug production in the United States
has significantly changed. The number
of PET production facilities has
increased, as has the number of facilities
where PET scans are performed. The
business of PET drug production has
changed as well. Historically, PET drug
products were produced by
academicians and researchers at
facilities located in universities and
similar not-for-profit institutions. These
academically oriented PET production
facilities usually produce small amounts
(a few doses per day) of a few PET drug
products for onsite patient use and a
larger variety of PET drug products for
clinical investigation and academic
research.
An increasing number of PET
production facilities are now operated
E:\FR\FM\20SEP1.SGM
20SEP1
55040
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
by large, for-profit corporate entities that
contract with academic and medical
institutions (many of which have notfor-profit status) to manage the
production of PET drugs at those
institutions. Most of these PET drug
products are administered onsite,
although there is some distribution to
other local or regional hospitals.
In addition, there are a growing
number of independent PET production
facilities that are not affiliated with any
university or hospital. Typically these
are for-profit, independently operated
facilities, although they are often
contractually managed. These facilities
generally focus on producing one or two
PET drug products and distribute them
to significantly greater numbers of
patients, sometimes hundreds of miles
from the production site.
Our review of PET drug production
leads us to the following conclusions:
• A PET drug producer’s status as
either a not-for-profit or for-profit entity
does not have a significant bearing on
the quality of PET drugs that it produces
and distributes for administration to
patients, or the methods, facilities, and
controls that a PET production facility
needs to ensure product quality.
• Production and CGMP differences
among PET drug producers are
primarily a function of the size, scope,
and complexity of their production
operations.
• Certain production standards and
controls are necessary to ensure the
production of quality PET drugs
regardless of differences in the nature
and scope of production among
facilities.
While this proposed rule and the draft
guidance primarily reflect our
familiarity with the current approved
PET drugs (fludeoxyglucose (FDG) F 18
injection and ammonia N 13 injection),
we intend both the proposed rule and
the draft guidance to apply to future
PET drug products. We also recognize
that the development of new PET drug
products may require us to amend
regulations or guidance to accommodate
the new products.
This proposed rule on CGMP
requirements contains the minimum
standards needed for PET drug
production at all types of PET
production facilities. We have designed
the CGMP regulations to be sufficiently
flexible to accommodate not-for-profit,
academically oriented institutions as
well as larger commercial producers.
In consideration of the unique nature
of PET drugs and PET drug production,
the proposed CGMP requirements for
PET drug products differ in many
significant ways from the CGMP
requirements for non-PET drug products
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
found in our regulations in part 211.
The proposed PET CGMP requirements
include the following differences:
• Fewer required personnel with
fewer organizational restrictions
consistent with the scope and
complexity of operations;
• Allowance for multiple operations
(or storage) in the same area as long as
organization and other controls are
adequate;
• Streamlined requirements for
aseptic processing consistent with the
nature of the production process;
• Streamlined quality control
requirements for components;
• Self-verification of significant steps
in PET drug production consistent with
the scope and complexity of operations;
• Same-person oversight of
production, review of batch records, and
authorization of product release
consistent with the scope and
complexity of operations;
• Specialized quality control
requirements for PET drugs produced in
multiple sub-batches; and
• Simplified labeling requirements
consistent with the scope and
complexity of operations.
These and other proposed PET CGMP
provisions, designed to reflect the
unique characteristics of PET drug
production, should make it easier for
PET production facilities to achieve
compliance with CGMP requirements.
This proposed rule incorporates
principles from Chapter <823>,
‘‘Radiopharmaceuticals for Positron
Emission Tomography—
Compounding,’’ of the 28th edition of
the USP (2005) (USP 28). The USP
contains standards that are of significant
regulatory importance for PET drugs.
Under section 501(a)(2)(C) of the act, a
compounded PET drug is adulterated
unless it is produced in compliance
with the USP’s PET drug compounding
standards and the official monograph
for the particular PET drug. Section
121(b) of the Modernization Act added
this provision as a safety net while we
develop this rule. Under section 121(b)
of the Modernization Act, however,
section 501(a)(2)(C) of the act will
expire 2 years after the date on which
we establish final approval procedures
and CGMP requirements for PET drugs.
At that time, compliance with the final
version of this rule will be required. The
USP 28 general chapter on PET drug
compounding largely reflects the
consensus views of the PET community
and FDA on how to properly produce
PET drug products. Consequently, we
believe it is appropriate to incorporate
many of the principles and concepts in
the USP general chapter into these
proposed CGMP requirements.
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Moreover, as discussed in section II.D
of this document, we believe that it is
appropriate to designate the provisions
of USP 28, Chapter <823> as the CGMP
requirements for investigational PET
drugs produced under an investigational
new drug application (IND) and
research PET drugs produced with the
approval of a Radioactive Drug Research
Committee (RDRC) under § 361.1 (21
CFR 361.1). Thus, under the proposed
rule, investigational and research PET
drugs produced in accordance with
Chapter <823> would be deemed to
meet CGMP requirements; they would
not have to meet the more specific
requirements in proposed part 212.
Because most PET drugs currently are
produced under an IND or RDRC
review, adopting USP 28, Chapter
<823> as the standard for CGMP for
investigational PET drugs should make
it easier for PET drug producers to
comply with the proposed CGMP
requirements.
To further assist PET production
facilities in complying with the
requirements in the rule, we have
revised the draft guidance document
entitled ‘‘PET Drug Products—Current
Good Manufacturing Practice (CGMP).’’
For many aspects of CGMP (such as
resources, controls, and
documentation), the draft guidance
makes different recommendations
depending on the size, scope, and
complexity of a PET production
facility’s operations. The draft guidance
provides practical examples of methods
and procedures that different types of
PET production facilities might use to
comply with the CGMP requirements.
II. Description of the Proposed Rule
We are proposing to establish CGMP
regulations for PET drug products by
creating 21 CFR part 212. These
regulations are intended to ensure that
every PET drug product meets the
requirements of the act as to safety and
has the identity and strength, and meets
the quality and purity characteristics,
that it is represented to possess.
We describe our proposed CGMP
regulations for PET drug production in
the following sections of this document.
The format of the proposed regulations,
including the use of questions in section
headings, is in accordance with the
Presidential Memorandum of June 1,
1998, promoting the use of plain
language in regulatory writing.
A. Exclusion of PET Drug Products
From CGMP Regulations in Parts 210
and 211
We propose revising certain sections
of parts 210 (CGMP for the
manufacturing, processing, packing, or
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
holding of drugs) and 211 (CGMP for
finished pharmaceuticals) to make clear
that the regulations in those parts do not
apply to PET drug products. The
revisions are in § 210.1 (status of CGMP
regulations), § 210.2 (applicability of
CGMP regulations), and § 210.3
(definitions). We propose revising the
text of each of these sections so that the
provisions will only apply to parts 210,
211, 225, and 226, rather than part 210
and parts 211 through 226. The
revisions would exclude part 212,
which will address PET drug products,
from the scope of §§ 210.1, 210.2, and
210.3. Similarly, we propose to revise
§ 211.1(a) (scope of CGMP for finished
pharmaceuticals) to clarify that the
regulations in part 211 do not apply to
PET drug products.
B. Definitions
Proposed § 212.1 sets forth the
meaning of several terms used in the
PET drug CGMP regulations. Most of the
definitions are self-explanatory and well
understood by PET producers and the
pharmaceutical industry. We will
discuss here a few of the definitions for
which added comment may help the
reader better understand the provision.
• Acceptance criteria. We propose to
define ‘‘acceptance criteria’’ as
numerical limits, ranges, or other
criteria for tests that are used for or in
making a decision to accept or reject a
unit, lot, or batch of a PET drug product.
This varies slightly from the definition
in part 210, which states that acceptance
criteria are the ‘‘product specifications
and acceptance/rejection criteria, such
as acceptable quality level and
unacceptable quality level, with an
associated sampling plan, that are
necessary for making a decision to
accept or reject a lot or batch (or any
other convenient subgroups of
manufactured units).’’ The proposed
definition, which does not refer to
sampling plans, is more appropriate for
PET drug production.
• Specifications. We propose a
separate definition of ‘‘specifications’’ to
mean the tests, analytical procedures,
and appropriate acceptance criteria to
which a PET drug, PET drug product,
component, container closure system,
in-process material, or other material
used in PET drug production must
conform to be considered acceptable for
its intended use. Conformance to
specifications would mean that a PET
drug, PET drug product, component,
container closure system, in-process
material, or other material used in PET
drug production, when tested according
to the described analytical procedures,
meets the listed acceptance criteria.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
The definitions for acceptance criteria
and specifications are intended to be
consistent with guidance in ‘‘Q6A
Specifications: Test Procedures and
Acceptance Criteria for New Drug
Substances and New Drug Products,’’
prepared under the auspices of the
International Conference on
Harmonisation for Registration of
Pharmaceuticals for Human Use (ICH).
ICH works to promote the
harmonization of technical
requirements (including definitions,
procedures, formats, and standards) for
approval of pharmaceutical products
among the European Union, Japan, and
the United States.
• Active pharmaceutical ingredient.
We propose to define ‘‘active
pharmaceutical ingredient’’ (API) for
purposes of part 212 as a substance
(excluding intermediates used in the
synthesis of such substance) that is
intended for incorporation into a
finished PET drug product and is
intended to furnish pharmacological
activity or other direct effect in the
diagnosis or monitoring of a disease or
a manifestation of a disease in humans.
For example, in the case of FDG F 18
injection drug product, 2-deoxy-2[18F]fluoro-D-glucose is considered the
API. In a commonly used production
method for FDG F 18 injection, 1,3,4,6tetra-O-acetyl-2-O-trifluoromethane
sulfonyl-b-D-mannopyranose (mannose
triflate) and O 18 water are considered
components that yield the API but are
not part of the API.
• PET drug. We propose to define
‘‘PET drug’’ as a radioactive drug that
exhibits spontaneous disintegration of
unstable nuclei by the emission of
positrons and is used for providing dual
photon positron emission tomographic
diagnostic images. The definition of PET
drug includes any nonradioactive
reagent, reagent kit, ingredient, nuclide
generator, accelerator, target material,
electronic synthesizer, or other
apparatus or computer program to be
used in the preparation of a PET drug.
This definition closely parallels the
statutory definition.
• PET drug product. We propose to
define ‘‘PET drug product’’ as a finished
dosage form that contains a PET drug,
whether or not in association with one
or more other ingredients. In other
words, a PET drug product is the
finished dosage form of a PET drug,
with or without an excipient such as a
diluent.
• Receiving facility. We propose to
define ‘‘receiving facility’’ as any
hospital, institution, nuclear pharmacy,
imaging facility, or other entity or part
of an entity that accepts a PET drug
product that has been given final
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
55041
release. A receiving facility may be in
the same area as or adjacent to the
production area, in a different area but
located in the same building as the
production area, or at a site that is
completely separate from the
production area.
• Material release and final release.
We propose to define ‘‘material release’’
as the authoritative decision by a
responsible person in a PET production
facility to permit the use of a
component, container and closure, inprocess material, packaging material, or
labeling in the production of a PET drug
product. ‘‘Final release,’’ in contrast, is
defined as the authoritative decision by
a responsible person in a PET
production facility to permit the use of
a batch of a PET drug product in
humans.
• Strength. We propose to define
‘‘strength’’ as the concentration of the
API (radioactivity amount per volume or
weight at the time of calibration). This
proposed definition varies from the
definition of ‘‘strength’’ in part 210 in
that it specifies a radioactivity to
volume (or weight) ratio rather than a
weight/weight, weight/volume, or unit
dose/volume ratio. The definition of
strength for proposed part 212 reflects
that PET drug products have radioactive
APIs (quantified in units of
radioactivity) and generally are
produced in a solution or gas dosage
form.
C. Describing CGMP Requirements for
PET Drugs
Proposed § 212.2 answers the
question ‘‘What is current good
manufacturing practice for PET drugs?’’
Proposed § 212.2 states that CGMP for
PET drug products is the minimum
requirements for the methods to be used
in, and the facilities and controls used
for, the production, quality control,
holding, or distribution of PET drug
products intended for human use.
CGMP is intended to ensure that each
PET drug product meets the
requirements of the act as to safety and
has the identity and strength, and meets
the quality and purity characteristics,
that it is supposed to have.
D. Applicability of CGMP Regulations
Proposed § 212.5 answers the
question ‘‘To what drugs do the
regulations in this part apply?’’
Proposed § 212.5(a) states that:
• Part 212 applies only to the
production, quality control, holding,
and distribution of PET drug products.
• Any human drug product that does
not meet the definition of a PET drug
product must be manufactured in
accordance with the CGMP
E:\FR\FM\20SEP1.SGM
20SEP1
55042
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
requirements in parts 210 and 211 of
this chapter.
• Part 212 contains CGMP
requirements for all PET drug products
for human use, but proposed § 212.5(b)
specifies different CGMP requirements
for investigational and research PET
drugs.
We believe that it is appropriate to
have less detailed CGMP requirements
for investigational and research PET
drugs to allow for more flexibility in the
production of these drugs. We also
recognize that many investigational PET
drugs may not have commercial
potential. Therefore, proposed § 212.5(b)
states that the regulations in part 212 do
not apply to investigational PET drugs
for human use produced under an IND
in accordance with part 312 and
research PET drugs produced with the
approval of an RDRC in accordance with
§ 361.1. Instead, proposed § 212.5(b)
states that, for investigational and
research PET drugs, the requirement
under the act to follow CGMP is met by
producing drugs in accordance with
USP 28 Chapter <823>, which is
incorporated by reference in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Chapter <823> sets forth requirements
on several aspects of PET drug
production, including control of
components, materials, and supplies,
verification of procedures, stability
testing and expiration dating, quality
control, and sterilization and sterility
assurance. Because most PET drug
producers are very familiar with the
requirements in USP 28 Chapter <823>,
adopting the Chapter <823> provisions
as the CGMP requirements for
investigational and research PET drugs
should greatly facilitate producers’
compliance with those requirements.
Although the provisions in USP 28
Chapter <823>, including those on
documentation, are generally less
specific and explicit than the
requirements in proposed part 212, we
believe that they are adequate to ensure
that investigational and research PET
drugs are produced safely under
appropriate conditions, consistent with
section 501(a)(2)(B) of the act. We are
interested in any comments that suggest
appropriate standards, other than USP
28 Chapter <823>, for PET drugs and
drug products produced under an IND
or with the approval of an RDRC.
Although we propose that USP 28
Chapter <823>, rather than part 212,
would constitute the minimum CGMP
requirements for investigational and
research PET drugs, FDA retains the
authority under section 704 of the act
(21 U.S.C. 374) to inspect facilities
where investigational or research PET
drugs are produced to verify compliance
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
with USP 28 Chapter <823>. However,
as with inspection of investigational
studies of non-PET drugs, we generally
would conduct inspections of facilities
that produce investigational or research
PET drugs only on a for-cause basis. An
example of a situation that could lead to
a for-cause inspection would be when
we become aware of a potential safety
concern related to the production of an
investigational or research PET drug.
E. Adequate Personnel and Resources
Proposed § 212.10 answers the
question ‘‘What personnel and resources
must I have?’’ The proposal would
require:
• A sufficient number of personnel
with the necessary education,
background, training, and experience to
enable those personnel to perform their
assigned functions, and
• Adequate resources, including
facilities and equipment, to enable
personnel to perform their functions.
What constitutes ‘‘adequate’’
personnel and resources will depend in
part on the size and complexity of the
PET drug producer’s operations. A PET
production facility having a simple
operation that produces only one or two
doses each day (or week) of a single PET
drug would need fewer personnel and
other resources than a facility having a
more complex operation that produces
multiple PET drug products or a facility
producing larger amounts of a PET drug
product.
F. Quality Assurance
Proposed § 212.20 answers the
question ‘‘What activities must I
perform to ensure product quality?’’
Under proposed § 212.20, PET drug
product producers would be required to:
• Oversee production operations to
ensure that each PET drug product
meets the requirements of the act as to
safety and has the identity and strength,
and meets the quality and purity
characteristics, that it is supposed to
have (proposed § 212.20(a)). Each PET
drug producer will determine what
personnel should perform the quality
assurance function; at some PET
production facilities, it may be
reasonable for the same personnel to be
involved in both production and quality
assurance.
• Examine and approve or reject
components, containers, closures, inprocess materials, packaging materials,
labeling, and finished dosage forms to
ensure compliance with procedures and
specifications affecting the identity,
strength, quality, or purity of a PET drug
product (proposed § 212.20(b)).
• Approve or reject, before
implementation, any initial
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
specifications, methods, processes, or
procedures, and any proposed changes
to existing specifications, methods,
processes, or procedures, to ensure that
they maintain the identity, strength,
quality, and purity of the PET drug
product when they are implemented.
PET drug producers must demonstrate
that any change does not adversely
affect the identity, strength, quality, or
purity of any PET drug product
(proposed § 212.20(c)).
• Review production records to
determine whether errors have
occurred. If errors have occurred or a
production batch or any of its
components fails to meet any of its
specifications, the producer must
determine the need for an investigation,
conduct investigations when necessary,
and take appropriate corrective action
(proposed § 212.20(d)). Possible errors
include miscalculating yield, omitting a
production step, or transcription
mistakes.
• Establish and follow written quality
assurance procedures to ensure that
quality assurance responsibilities are
known to all personnel involved in PET
drug product production (proposed
§ 212.20(e)).
G. Facilities and Equipment
Proposed § 212.30 answers the
question ‘‘What requirements must my
facilities and equipment meet?’’ Under
proposed § 212.30, a PET drug producer
would be required to:
• Provide adequate facilities to ensure
the orderly handling of materials and
equipment, the prevention of mixups,
and the prevention of contamination of
equipment or product by substances,
personnel, or environmental conditions
that could reasonably be expected to
have an adverse effect on product
quality (proposed § 212.30(a)).
• Implement procedures to ensure that
all equipment that could reasonably be
expected to adversely affect the
strength, quality, or purity of a PET drug
product (such as a laminar airflow
workbench or sterilizing filters) or give
erroneous or invalid test results when
improperly used or maintained (such as
high pressure liquid chromatography
(HPLC) devices) is clean, suitable for its
intended purposes, properly installed,
maintained, and capable of repeatedly
producing valid results. PET production
facilities must document their activities
in accordance with these procedures
(proposed § 212.30(b)).
• Ensure that equipment is
constructed and maintained so that
surfaces that contact components, in
process materials, or PET drug products
are not reactive, additive, or absorptive
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
so as to alter the quality of PET drug
products (proposed § 212.30(c)).
H. Control of Components, Containers,
and Closures
Proposed § 212.40 answers the
question ‘‘How must I control the
components I use to produce PET drugs
and the containers and closures I
package them in?’’ Under proposed
§ 212.40, PET drug producers would be
required to:
• Establish, maintain, and follow
written procedures describing the
receipt, login, identification, storage,
handling, testing, approval, and
rejection of components and drug
product containers and closures. The
procedures must be adequate to ensure
that the components, containers, and
closures are suitable for their intended
use (proposed § 212.40(a)).
• Establish appropriate written
specifications for the identity, quality,
and purity of components and for the
identity and quality of drug product
containers and closures (proposed
§ 212.40(b)).
Proposed § 212.40(c) specifies that:
• Upon receipt, each lot of
components and containers and
closures must be uniquely identified
and tested or examined to determine
whether it complies with the PET
production facility’s specifications.
• Any lot that does not meet its
specifications, including any expiration
date if applicable, or that has not yet
received its material release, must not
be used in PET drug production.
• Any incoming lot must be
appropriately designated as either
quarantined, accepted, or rejected.
• PET drug producers must use a
reliable supplier as a source of each lot
of each component, container, and
closure.
We are proposing to establish
different requirements for examination
and testing of components required
under proposed § 212.40(c) depending
on whether a PET drug producer
conducts finished-product testing that
includes testing to ensure that the
correct components have been used:
• When the finished-product testing of
a PET drug product includes testing to
ensure that the correct components have
been used, the PET drug producer need
only determine that each lot of
incoming components complies with
written specifications by examining a
certificate of analysis provided by the
supplier (proposed § 212.40(c)(1)(i)). We
believe that the use of this type of
finished-product testing makes specific
identity testing of components
redundant and unnecessary. For
example, when identity of the F 18
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
radionuclide is established as part of the
finished-product testing and the method
of production used is well-documented
and understood (e.g., as in the 18O (p,n)
18F nuclear reaction), it can be
reasonably argued that the component
that yields this radionuclide is likely to
be O 18 water. In this case, a specific
identity test for O 18 water is not
necessary before the lot is used in
production. Similarly, a specific
identity test before using a lot of
mannose triflate may be redundant and
unnecessary when: (1) A wellunderstood method of synthesis of FDG
F 18 is used, (2) a test to confirm the
radiochemical identity is performed in
the finished drug product, and (3) the
mannose triflate was obtained from a
reliable supplier with whom a
relationship has been previously
established.
• If the finished-product testing of a
PET drug product does not include
testing to ensure that the correct
components have been used, the
following provisions (proposed
§ 212.40(c)(1)(ii)) would apply:
—The PET drug producer would be
required to conduct identity testing,
using a test that is specific to the
component, on each lot of a component
that yields an active ingredient and each
lot of an inactive ingredient.
—For any other component, such as
solvents or reagents, the PET drug
producer would determine that each lot
complies with written specifications by
examining a certificate of analysis
provided by the supplier.
—If the PET drug producer prepares
an inactive ingredient on site, the
producer would be required to perform
an identity test on the components used
to make the inactive ingredient before
those components could be released for
use.
However, if the PET drug producer
uses as an inactive ingredient a product
that is marketed as a finished drug
product intended for intravenous
administration, the producer would not
need to perform a specific identity test
on that ingredient.
We are also proposing that PET drug
producers would be required to do the
following:
• Examine a representative sample of
each lot of containers and closures for
conformity to its written specifications
(proposed § 212.40(c)(2)).
• Perform at least a visual
identification of each lot of containers
and closures (proposed § 212.40(c)(2)).
• Handle and store components,
containers, and closures in a manner
that prevents contamination, mixups,
and deterioration and ensures that these
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
55043
items are and remain suitable for their
intended use (proposed § 212.40(d)).
• Keep a record of each shipment of
each lot of components, containers, and
closures they receive (proposed
§ 212.40(e)), including the following
information:
—Identity and quantity of each
shipment,
—Supplier’s name and lot number,
—Date of receipt,
—Results of any testing performed,
—Disposition of rejected material, and
—Expiration date, where applicable.
(Some components may not have
expiration dates.)
I. Production and Process Controls
Proposed § 212.50 answers the
question ‘‘What production and process
controls must I have?’’ Proposed
§ 212.50 states that PET drug producers
must have adequate production and
process controls to ensure the consistent
production of a PET drug product that
meets the applicable standards of
identity, strength, quality, and purity.
Proposed § 212.50 would require PET
drug producers to have the following
controls:
• Written production and process
control procedures,
• Master production and control
records,
• Batch and production control
records,
• Production area and equipment
checks,
• In-process materials controls, and
• Depending on finished-product
testing, process verification.
The proposed written production and
process control procedures would
ensure and document that all key
process parameters are controlled and
that any deviations from the procedures
are justified (proposed § 212.50(a)).
The proposed master production and
control records would document all
steps in the PET drug product
production and would include the
following information (proposed
§ 212.50(b)):
• The name and strength of the PET
drug product;
• If applicable, the name and
radioactivity or other measurement of
each API and each inactive ingredient
per batch or per unit of radioactivity or
other measurement of the drug product,
and a statement of the total radioactivity
or other measurement of any dosage
unit;
• A complete list of components
designated by names and codes
sufficiently specific to indicate any
special quality characteristic;
• Identification of all major pieces of
equipment used in production;
E:\FR\FM\20SEP1.SGM
20SEP1
55044
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
• An accurate statement of the weight
or measurement of each component,
using the same weight system (metric,
avoirdupois, or apothecary) for each
component (with reasonable variations
permitted in the amount of component
necessary if specified in the master
production and control records);
• A statement of acceptance criteria
on radiochemical yield, i.e., the
minimum percentage of yield beyond
which investigation and corrective
action are required;
• Complete production and control
instructions, sampling and testing
procedures, specifications, special
notations, and precautions to be
followed; and
• A description of the PET drug
product containers, closures, and
packaging materials, including a
specimen or copy of each label and all
other labeling.
The creation of a unique batch and
production control record would be
required each time a batch of a PET drug
product is produced (proposed
§ 212.50(c)), including the following
information:
• The name and strength of the PET
drug product,
• An identification number or other
unique identifier of the specific batch
that was produced,
• The name and radioactivity or other
measure of each API and each inactive
ingredient per batch or per unit of
radioactivity or other measurement of
the drug product,
• Each major production step
(obtained from the approved
appropriate master production and
control record),
• Weights and identification codes of
components,
• Dates and time of production steps,
• Identification of major pieces of
equipment used in production of the
batch,
• Testing results,
• Labeling,
• Initials or signatures of persons
performing or checking each significant
step in the operation, and
• Results of any investigations
conducted.
Proposed § 212.50(d) would require
production area and equipment checks
to ensure cleanliness and suitability
immediately before use, and a record of
the checks.
Proposed § 212.50(e) specifies that
process controls for PET production
facilities include control of in-process
materials to ensure that the materials are
controlled until required tests or other
verification activities have been
completed or necessary approvals are
received and documented.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
Proposed § 212.50(f) would establish
different requirements for process
verification depending on whether a
PET drug producer conducts full
finished-product testing on a particular
PET drug product:
• Proposed § 212.50(f)(1) would
exempt a PET drug product from these
process verification requirements if each
batch of that PET drug product, prior to
human administration, undergoes full
finished-product testing to ensure that
the product meets all specifications. For
example, process verification under
proposed § 212.50(f)(2) would not be
required for the production of FDG F 18
where: (1) The entire batch is made in
a single vial, (2) a sample from the vial
is withdrawn for full finished-product
testing, and (3) the finished product
passes all established specifications
(except for sterility) prior to human
administration.
• When the results of the production
of an entire batch of a PET drug product
are not fully verified through finishedproduct testing or when only the initial
sub-batch in a series is tested, process
verification would be required. The PET
drug producer would be required to
demonstrate that the process for
producing the PET drug product is
reproducible and is capable of
producing a drug product that meets the
predetermined acceptance criteria
(proposed § 212.50(f)(2)). While
currently most, if not all, batches of PET
drug products are fully verified through
finished-product testing, future PET
drug products may not be suitable for
finished-product testing of an entire
batch due to the short half-life of the
radionuclide, and process verification
would be required.
• When process verification activities
are conducted, the PET drug producer
would be required to document
activities and results, including the date
and signature of the individual(s)
performing the verification, the
monitoring and control methods and
data, and the major equipment qualified
(proposed § 212.50(f)(2)).
For a PET facility that has an
established history of producing a
particular PET drug product,
verification of that production process
may be conducted retrospectively
provided that the process has not
changed and has not resulted in
process-related failures. However, when
a PET drug product is not fully verified
through finished-product testing or
when only the initial sub-batch in a
series is tested, process verification
would be required for any new
production process and after any
significant change to a qualified process.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
J. Laboratory Testing Requirements
Proposed § 212.60 answers the
question ‘‘What requirements apply to
the laboratories where I test
components, in process materials, and
finished PET drug products?’’ Under
proposed § 212.60, the following
requirements would apply to
laboratories used to conduct testing of
components, in process materials, and
finished PET drug products:
• Each laboratory must have and
follow written procedures for the
conduct of each test and for the
documentation of the results (proposed
§ 212.60(a)).
• Each laboratory must have sampling
and testing procedures designed to
ensure that components, in process
materials, and PET drug products
conform to appropriate standards,
including established standards of
identity, strength, quality, and purity
(proposed § 212.60(b)).
• Laboratory analytical methods must
be suitable for their intended use and
must be sufficiently sensitive, specific,
accurate, and reproducible (proposed
§ 212.60(c)).
If a compendial test is used, the
testing laboratory should verify that the
method works under the actual
conditions of use and that the drug
product as formulated can be analyzed
using the compendial method. This
verification is recommended because
many compendial methods for PET drug
products lack specific information (for
example, they do not describe specific
equipment used), the method may not
have been developed in the context of
the production method actually being
used, and the PET production facility
may not be using the same equipment
that was used in the compendial
method.
• The identity, purity, and quality of
reagents, solutions, and supplies used in
testing must be adequately controlled,
and all solutions prepared by the PET
production facility must be labeled with
their identity and expiration date
(proposed § 212.60(d)).
• All testing equipment must be
suitable for its intended purposes and
capable of producing valid results
(proposed § 212.60(e)).
• Each laboratory must have and
follow written procedures to ensure that
equipment is routinely calibrated,
inspected, checked, and maintained,
and these activities must be
documented (proposed § 212.60(f)).
• Each laboratory performing tests
related to the production of a PET drug
product must keep complete records of
all tests performed to ensure compliance
with established specifications and
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
standards, including examinations and
assays (proposed § 212.60(g)).
The records required under proposed
§ 212.60(g) would include the following:
• A description of the sample received
for testing, including its source, the
quantity, the batch or lot number, the
date (and time, if appropriate) the
sample was taken, and the date (and
time, if appropriate) the sample was
received for testing;
• A description of each method used
in the testing of the sample, a record of
all calculations performed in connection
with each test, and a statement of the
weight or measurement of the sample
used for each test;
• A complete record of all data
obtained in the course of each test,
including all graphs, charts, and spectra
from laboratory instrumentation,
properly identified to show the specific
component, in-process material, or drug
product for each lot tested;
• A statement of the results of tests
and how the results compare with
established acceptance criteria; and
• The initials or signature of the
person performing the test and the date
on which the test was performed.
K. Stability
Proposed § 212.61 answers the
question ‘‘What must I do to ensure the
stability of my PET drug products
through expiry?’’ Proposed § 212.61
would provide the following
requirements to ensure the stability of
PET drug products:
• PET production facilities must
establish, follow, and maintain a written
testing program to assess the stability
characteristics of their PET drug
products (proposed § 212.61(a)).
• Test methods must be reliable,
meaningful, and specific (i.e., they must
be capable of determining the stability
characteristics of the PET drug product)
(proposed § 212.61(a)).
• Samples tested for stability must be
representative of the lot or batch from
which they were obtained and must be
stored under suitable conditions
(proposed § 212.61(a)).
• Results of the stability testing must
be documented and used in determining
appropriate storage conditions and
expiration dates and times for each PET
drug product (proposed § 212.61(b)).
L. Controls and Acceptance Criteria for
Finished Products
Proposed § 212.70 answers the
question ‘‘What controls and acceptance
criteria must I have for my finished PET
drug products?’’ These controls and
acceptance criteria are the requirements
that must be met before a PET
production facility may give final
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
release to a finished PET drug product.
We propose to establish the following
requirements regarding controls and
acceptance criteria:
• PET production facilities would be
required to establish specifications for
each batch of a PET drug product,
including criteria for identity, strength,
quality, purity, and, if appropriate,
sterility and pyrogenicity (proposed
§ 212.70(a)). Most, but not all, PET drugs
are sterile injectable products, and such
products would be required to have
specifications for sterility and
pyrogenicity.
• Before a PET drug producer
implements a test procedure in a
specification, the producer would be
required to establish and document the
accuracy, sensitivity, specificity, and
reproducibility of the procedure
(proposed § 212.70(b)).
• If the PET drug producer uses an
established compendial test procedure
in a specification, the producer would
be required to first verify and document
that the test works under the conditions
of actual use (proposed § 212.70(b)).
• PET drug producers would be
required to conduct laboratory testing of
a representative sample of each batch of
a PET drug product before final release
to ensure that the batch conforms to its
specifications, except for sterility. For a
PET drug product produced in subbatches (e.g., ammonia N 13 injection),
at least each initial sub-batch that is
representative of the entire batch must
conform to specifications, except for
sterility, before final release (proposed
§ 212.70(c)).
• Under proposed § 212.70(d),
producers would be required to
establish and follow procedures to
ensure that a PET drug product is not
given final release until:
—Appropriate laboratory testing
under paragraph (a) of this section is
completed,
—Associated laboratory data and
documentation are reviewed (review
may be performed by a second person
or self-verified in a one-person
operation) and they demonstrate that
the PET drug product meets
specifications, except for sterility, and
—A designated qualified individual
authorizes final release by dated
signature.
In many cases, the short half-life of a
PET radionuclide precludes the
completion and review of all laboratory
testing before release of the PET drug
product for distribution to a receiving
facility. In such cases, release for
distribution in accordance with
previously established and documented
procedures is acceptable as long as all
testing and review, except for sterility,
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
55045
is completed before final release of the
drug product. The PET production
facility should document the
communication of this authoritative
decision to the receiving facility.
We are proposing special
requirements for sterility testing because
of the short half-lives of PET
radionuclides. Proposed § 212.70(e)
provides that:
• Sterility testing need not be
completed before final release but must
be performed within 30 hours after
completion of production. Sterility
testing should normally be started
within 24 hours after production. We
propose the additional 6 hours in
response to the concerns of some PET
drug producers that a 24-hour test
initiation period would coincide with
the peak activity for PET production the
following day. Proposed § 212.70(e)
would allow the 30-hour period to be
exceeded in certain cases, such as
weekends or holidays, provided it is
shown that the extended period will not
affect the stability or viability of the
contaminants in the product or
otherwise yield a potentially inaccurate
result.
• Product samples must be tested
individually and must not be pooled.
• If the product fails the sterility test,
all receiving facilities must be notified
of the results immediately.
• The notification must include any
appropriate recommendations and must
be documented.
We are also including in this proposal
a provision to allow the conditional
final release of PET drug products under
certain conditions. At the September 28,
1999, public meeting on PET drug
product CGMP, some comments stated
that the regulations should allow PET
drug producers to release a PET drug
product if they experience an
unanticipated, temporary failure of
analytical equipment that prevents them
from completing final release testing.
The comments maintained that having
duplicative equipment was difficult for
smaller PET production facilities. They
stated that having to cancel scheduled
PET scans because of analytical
equipment failure would inconvenience
physicians and patients, some of whom
may have traveled long distances to
undergo the diagnostic procedure.
In our preliminary draft proposed
rule, we requested comments on
whether the regulations should allow
the conditional final release of PET drug
products in case of equipment
breakdown and, if so, what conditions
should apply to such release. Nearly all
the comments that we received on this
matter requested that conditional final
release be permitted. After
E:\FR\FM\20SEP1.SGM
20SEP1
55046
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
consideration of the comments, we
propose to allow the conditional final
release of PET drug products under
certain conditions.
Under proposed § 212.70(f), a PET
drug producer that cannot complete one
of the required finished product tests for
a PET drug product because of a
breakdown of analytical equipment may
approve the conditional final release of
the product if the conditions in
proposed § 212.70(f)(1) through (f)(7) are
met. These conditions would require the
PET drug producer to do the following:
• Have data to document that
preceding consecutive batches,
produced using the same method of
production as the conditionally released
batch, demonstrate that the
conditionally released batch will likely
meet the established specifications,
• Determine that all other acceptance
criteria are met,
• Notify the receiving facility of the
incomplete testing,
• Retain a reserve sample of the
conditionally released batch of drug
product,
• Complete the omitted test using the
reserve sample after the analytical
equipment is repaired and document
that reasonable efforts have been made
to ensure that the problem does not
recur,
• Immediately notify the receiving
facility if an out-of-specification result
is obtained when testing the reserve
sample, and
• Document all actions regarding the
conditional final release of the drug
product, including the justification for
the release, all followup actions, results
of completed testing, all notifications,
and corrective actions to ensure that the
equipment breakdown does not recur.
Conditional final release should be a
rare occurrence. In general, we believe
that a PET drug producer should be
prepared for equipment failures.
Conditional final release would not be
permissible when certain types of
equipment fail. If a PET drug producer
could not perform a radiochemical
identity/purity test on the API of a PET
drug product, conditional final release
of a PET drug product would not be
allowed. There are, however, certain
tests, such as the gas chromatography
(GC)-based residual solvent
determination in FDG F 18, where an
equipment failure could result in the
authorization of a conditional final
release if all the criteria in proposed
§ 212.70(f) were met. Conditional final
release would not generally be
appropriate for certain tests where it is
difficult to envision equipment failing
or where equipment should be very easy
to replace (for example, in the case of
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
FDG F 18, the hydrogen-ion
concentration (pH) test, test for
kryptofix, thin layer chromatography
based radiochemical identity and purity
tests). Alternate test methods can be
developed and used when these
problems occur, so conditional final
release should not be necessary except
in very rare circumstances. Repeated
conditional final releases based on the
unavailability of equipment that is
difficult to envision failing or that is
easily replaced could be considered to
be a failure to take ‘‘reasonable efforts *
* * to ensure that the problem does not
recur’’ and could lead to FDA taking
enforcement action.
M. Actions To Be Taken if Product Does
Not Conform to Specifications
Proposed § 212.71 answers the
question ‘‘What actions must I take if a
batch of PET drug product does not
conform to specifications?’’ Proposed
§ 212.71(a) states that:
• If a batch of a PET drug product
does not conform to specifications, the
PET drug producer must reject it.
• The producer must identify and
segregate the nonconforming product to
avoid mixups.
• The producer must have and follow
procedures to investigate the causes of
the nonconforming product.
• The investigation must include
examination of processes, operations,
records, complaints, and other relevant
sources of information concerning the
nonconforming product.
Under the proposal, PET drug
producers also would be required to:
• Document the investigation of a PET
drug product that does not conform to
specifications, including the results of
the investigation and what happened to
the rejected PET drug product (proposed
§ 212.71(b)), and
• Take action to correct any identified
problems to prevent recurrence of a
nonconforming product or other quality
problem (proposed § 212.71(c)).
PET drug producers would be
permitted, if appropriate, to reprocess a
batch of a PET drug product that does
not conform to specifications (proposed
§ 212.71(d)). To reprocess material that
does not meet acceptance criteria:
• The producer must follow
preestablished procedures (set forth in
production and process controls) and
• The finished product must conform
to specifications, except for sterility,
before final release.
Examples of reprocessing could
include a second passage through a
purification column to remove an
impurity or a second passage through a
filter if the original filter failed the
integrity test.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
N. Labeling and Packaging
Proposed § 212.80 answers the
question ‘‘What are the requirements
associated with labeling and packaging
PET drug products?’’ Under proposed
§ 212.80, the following requirements
would apply:
• PET drug products must be suitably
labeled and packaged to protect the
product from alteration, contamination,
and damage during the established
conditions of shipping, distribution,
handling and use (proposed § 212.80(a)).
• Labels must be legible and applied
so they will remain legible and affixed
during the established conditions of
processing, storage, handling,
distribution, and use (proposed
§ 212.80(b)).
• Information stated on each label
must also be contained in each batch
production record (proposed
§ 212.80(c)).
• Labeling and packaging operations
must be controlled to prevent product
and labeling mixups (proposed
§ 212.80(d)).
O. Distribution Controls
Proposed § 212.90 answers the
question ‘‘What actions must I take to
control the distribution of PET drug
products?’’ This section would
primarily apply to PET production
facilities that distribute PET drug
products beyond the immediate vicinity
of the production site. Under proposed
§ 212.90, PET drug producers would be
required to:
• Establish, maintain, and follow
written procedures for the control of
distribution of PET drug products
shipped from the PET production
facility to ensure that shipping will not
adversely affect the identity, purity, or
quality of the PET drug product
(proposed § 212.90(a)).
• Maintain distribution records for
each PET drug product (proposed
§ 212.90(b)), including the following
information:
—Name, address, and telephone
number of the receiving facility that
received each batch of a PET drug
product,
—Name and quantity of the PET drug
product shipped,
—Lot number, control number, or
batch number for the PET drug product
shipped, and
—Date and time the PET drug product
was shipped.
P. Complaint Handling
Proposed § 212.100 answers the
question ‘‘What do I do if I receive a
complaint about a PET drug product
produced at my facility?’’ We propose
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
the following requirements regarding
complaints:
• PET drug producers must develop
and follow written procedures for the
receipt and handling of all complaints
concerning a PET drug product
(proposed § 212.100(a)).
• The procedures must include review
by a designated person of any complaint
involving the possible failure of a PET
drug product to meet any of its
specifications and an investigation to
determine the cause of the failure
(proposed § 212.100(b)).
• Producers must maintain a written
record of each complaint in a file
designated for PET drug product
complaints (proposed § 212.100(c)),
including the following information:
—Name and strength of the PET drug
product,
—Batch number,
—Name of the complainant,
—Date the complaint was received,
—Nature of the complaint,
—Response to the complaint, and
—Findings of any investigation and
followup.
• PET drug products that are returned
because of a complaint may not be
reprocessed and must be destroyed in
accordance with applicable Federal and
State law (proposed § 212.100(d)).
Q. Records
Proposed § 212.110 answers the
question ‘‘How must I maintain records
of my production of PET drug
products?’’ Proposed § 212.110 would
require that:
• PET drug producers maintain all
records at the PET production facility or
another location that is reasonably
accessible to responsible officials of the
production facility and to employees of
FDA designated to perform inspections
(proposed § 212.110(a)). A reasonably
accessible location is one that would
enable the PET center to make requested
records available to us in a reasonable
period of time.
• All records, including those not
stored at the inspected establishment, be
legible, stored to prevent deterioration
or loss, and readily available for review
and copying by FDA employees
(proposed § 212.110(b)).
• PET drug producers maintain all
records and documentation referenced
in part 212 for at least 1 year after the
final release or conditional final release
of a PET drug product (proposed
§ 212.110(c)).
III. Analysis of Economic Impacts
We have considered the potential
economic impact of this proposed rule
under Executive Order 12866 and the
Regulatory Flexibility Act (5 U.S.C.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
601–612), and the Unfunded Mandates
Reform Act of 1995 (Public Law 104–4).
Executive Order 12866 directs agencies
to assess all costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
the benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity).
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing, ‘‘any rule
that includes any Federal mandate that
may result in the expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100,000,000 or more (adjusted
annually for inflation) in any one year.’’
The current threshold after adjustment
for inflation is $115 million, using the
most current (2003) Implicit Price
Deflator for the Gross Domestic Product.
FDA does not expect this proposed rule
to result in any 1-year expenditure that
would meet or exceed this amount.
The agency has determined that this
proposed rule is not an economically
significant rule as described in the
Executive order because annual impacts
on the economy are substantially below
$100 million. Under the Regulatory
Flexibility Act, unless an agency
certifies that a rule will not have a
significant impact on a substantial
number of small entities, the agency
must analyze regulatory options that
would minimize any significant
economic impact of a rule on small
entities. We project that the rule may
have a significant effect on a substantial
number of small entities. A regulatory
flexibility analysis explaining this
finding is presented in the following
paragraphs.
A. Regulatory Benefits
The Modernization Act requires us to
establish appropriate good
manufacturing practices for PET drugs.
Without minimum manufacturing
standards, unintentionally inferior PET
drug products may be produced for
human use. The short half-life
characteristic of PET drug products
often limits extensive and complete
finished product testing prior to
administration to humans. Moreover,
recalls are usually impossible due to
this short half-life, which can range
from minutes to hours. Most PET drug
products are marketed without FDA
approval, and we have not received any
official reports of adverse events.
Official reports that can be relied upon
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
55047
to demonstrate or project the actual
number of adverse events related to
these products therefore do not exist.
Tracing infections possibly caused by
contaminated PET drugs to patients is
difficult since there are a multitude of
other factors that can cause infections in
hospitalized patients, as well as a time
delay before infection presents itself.
Lacking this information, we are unable
to quantify this proposal’s reduction of
risk of adverse events associated with
PET drug products and the
accompanying increase in public health
benefits.
This proposed rule would create
minimum manufacturing standards to
ensure the safety, identity, strength,
quality, and purity of PET drug
products. Although, as discussed in
section III.B of this document, all PET
drug producers have adopted some level
of good manufacturing practices or
SOPs, not all producers currently are
fully compliant with all USP standards.
Therefore, compliance with the
provisions of the proposed rule would
ensure that all producers establish and
implement adequate SOPs for
production and quality control,
including internal procedures for
product quality audits, resulting in
consistent production of quality
products. Building quality into the
production process would permit early
detection and correction of problems
and promote continuous improvement.
Activities such as developing
specifications may result in increased
reliability and uniformity of PET drug
products to patients. Ultimately, this
rule would be expected to result in a
reduction in adverse reactions to PET
drug products and an increase in overall
benefit to the public health.
B. Regulatory Costs
All PET drug producers have already
adopted some level of good
manufacturing practices or SOPs,
although the specificity of the written
documents may vary. The
Modernization Act requires that
compounded PET drugs conform to USP
compounding standards and official
monographs for PET drugs until CGMP
regulations are established for PET
drugs. For producers already following
required USP standards, we would
expect average compliance costs
associated with this proposal to be
small.
The proposed CGMP rule is expected
to affect all PET drug producers,
especially those affiliated with hospitals
and academic medical centers, as well
as the small number of unaffiliated
regional producers that produce FDG F
18. Most of the large corporate PET drug
E:\FR\FM\20SEP1.SGM
20SEP1
55048
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
producers and hospital PET drug
producers associated with these
corporate entities are expected to
already comply to a great degree with
the proposed CGMP rule. Based on our
contacts with industry, we have made a
general assessment of the current
operational status of PET drug
producers.
For this cost analysis, we consulted
with the PET community, including
PET drug producers and professional
associations, through direct contact as
well as via public comments at public
meetings and previously published
preliminary proposed rules (for a full
description of our interactions with the
PET community regarding this proposed
rule, see section I.B of this document).
We visited six PET drug producers
affiliated with academic medical centers
and four commercial (corporate or
regional) operations. Using the
knowledge gained from these site visits,
public meeting comments from industry
members including the Academy of
Molecular Imaging (AMI) (a primary
professional organization for PET), and
agency employee expertise in PET drug
manufacturing procedures, we
estimated the average level of effort
needed to bring each of the different
types of PET drug producer into
compliance with this proposed rule.
Compliance costs (labor costs) were
then calculated using these estimated
levels of effort. In effect, we projected
compliance costs based on the expected
additional labor above implicit baseline
levels (based on information acquired
through the site visits by FDA officials).
The estimated number of U.S.
establishments producing PET drug
products was created by combining an
AMI-prepared list of PET centers with
cyclotrons with a list of PET
manufacturing facilities from the
Society of Nuclear Imaging in Drug
Development (which has since merged
with the AMI), and adding additional
facilities that we identified. This
resulted in the projection that the
proposed rule would affect 51 producers
of PET drugs, operating 101
establishments. Fifteen of these
producers own or operate 65
commercial establishments (16 of which
are associated with academic hospitals).
Of these 15 producers, 11 are regional
or local unaffiliated producers that have
begun to produce PET drug products in
recent years. The other four commercial
producers are corporations, each of
which has multiple establishments. In
total, these 4 corporate producers
operate 48 establishments. The
remaining 36 producers are part of
academic or hospital institutions (see
table 1 of this document).
TABLE 1.—PET DRUG PRODUCERS
Producer
Type
No. of Producers
No. of Establishments
Hospital/Academic1
36
36
CommercialRegional
11
17
CommercialCorporate 2
4
48
51
101
Total
1 Sixteen
hospital producers operated by commercial firms are counted under Commercial-Corporate.
2 One producer may not be a corporation but is included here due to its multiple sites and longer history of PET drug production.
C. Compliance Requirements
The proposed CGMP rule would
impose compliance requirements
resulting in two types of costs. From the
date of publication of the final rule until
the effective date, PET drug producers
would incur one-time costs as each
producer is brought into compliance. In
succeeding years, each producer would
be expected to incur only annual costs
related to maintaining compliance.
The following proposed sections
contain the general requirements of the
rule:
• Section 212.10: Require qualified
and trained personnel.
• Section 212.20: Establish SOPs to
define quality assurance.
• Section 212.30: Establish SOPs and
prepare documents related to
installation, cleaning, qualification, and
maintenance of facilities and
equipment.
• Section 212.40: Establish SOPs and
prepare documents on the receipt,
identification, storage, handling, testing,
and approval of components and drug
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
product containers and closures.
Establish specifications for the
components, containers, and closures.
• Section 212.50: Establish written
production and process control
procedures (including in-process
parameters) for production of a PET
drug. Prepare master production record
and batch record.
• Section 212.60: Establish written
procedures and schedules for the
calibration, cleaning, and maintenance
of laboratory testing equipment.
Establish testing procedures for
components, in-process materials and
finished PET drug products.
• Section 212.61: Establish written
procedures to assess the stability
characteristics of PET drug products.
• Section 212.70: Establish
acceptance criteria and written
procedures to control the release of
products. Prepare SOPs to establish
system suitability of each test. Prepare
documents to record tests performed on
the PET drug product for final release.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
• Section 212.71: Establish
procedures to investigate the reason for
product nonconformance.
• Section 212.80: Establish templates
for labeling.
• Section 212.90: Establish
procedures and documents for the
distribution of PET drugs.
• Section 212.100: Establish
procedures for the receipt and handling
of complaints regarding a PET drug
product.
We expect some variation in the exact
SOPs that would need to be created or
revised to comply with the proposal. We
expect that the various types of
producers already comply with the
proposed rule to different extents. The
hospital PET drug producers and the
independent regional commercial
producers would likely require more
time and effort to comply than would
the group of corporate producers.
Because of this, we estimated average
compliance efforts for two separate
groups based on expected current
compliance levels—the corporate
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
producers and the hospital and regional
commercial producers.
1. Costs to Establish SOPs
All PET drug producers are expected
to incur some costs associated with
interpreting the rule, determining the
manner of compliance, and
implementing the compliance method.
These costs would be included in the
efforts of a designated individual or
individuals who would be primarily
responsible for bringing each center into
compliance. In this case, we have
included any general administrative
efforts in the time required to establish
and write the SOPs for the previously
listed requirements and to prepare
templates for CGMP documentation.
The document entitled ‘‘Sample
Formats for Chemistry, Manufacturing,
and Controls Sections’’1 provides
guidance that may be helpful in
preparing master production records,
finished-product release testing records,
and in-coming component tracking and
testing records. PET drug producers
would have the option of choosing their
own format (and the amount of detail)
as long as essential information required
by the CGMPs is included. We believe
that the CGMP guidance will aid PET
drug producers that have little or no
experience in creating these documents,
helping to reduce compliance costs.
We estimate that all hospital and
regional commercial producers will
need from 3 to 5 months to establish
and write detailed SOPs that comply
with this rule, even with the guidance
provided and the understanding that
these establishments currently operate
under less-detailed SOPs. We assume
that the employee responsible for
writing the SOPs would be in a
management position, either in quality
assurance or elsewhere, with a salary of
up to $100,000 per year. Including an
additional 35 percent for employee
benefits, the cost of an average 4-month
effort would amount to $45,000 for each
hospital and regional commercial PET
drug producer.2
Although most corporate PET drug
producers are believed to have a
complete set of SOPs, we believe each
1 The document is an attachment to the guidance
for industry entitled ‘‘PET Drug Applications—
Content and Format for NDAs and ANDAs:
Fludeoxyglucose F 18 Injection, Ammonia N 13
Injection, Sodium Fluoride F 18 Injection’’
(available on the Internet at https://www.fda.gov/
cder/guidance).
2 Salary represents upper range of estimate
(intended to not underestimate costs) provided at
FDA site visit to a commercial PET drug producer
on October 2, 2001. Although there is uncertainty
concerning salaries paid by academic/hospital
producers, we assume they would pay a salary
similar to those of corporate producers.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
would expend some time to verify its
compliance with this proposal and
make minor adjustments to their SOPs.
We estimate that it would take, on
average, 1 month for an individual to
complete the same undertaking due to
the current high compliance rates
expected at the corporate
establishments.3 This would result in a
cost of approximately $11,250 per
corporate PET drug producer, again
using an estimated salary of $100,000
per year plus benefits. We assume that
corporate producers with multiple
manufacturing sites would amend a
single set of SOPs to cover all of their
production sites. Since there are
currently four corporate producers of
PET drug products, the cost of the SOP
revisions is estimated at $45,000 (4
times $11,250).
The SOP establishment or revision
work could be performed by company
personnel or an outside consultant or
contractor. Although we predict that the
use of an outside consultant or
contractor would be more likely at the
hospital and regional commercial PET
drug producers, we would not expect
the total cost of this compliance effort
to vary considerably.
Producers would also be expected to
provide some additional training to at
least one person on revisions made to
current procedures to comply with the
CGMP rule. While we do not think
extensive training would be necessary at
most establishments, our experience
with PET drug production procedures
and our 10 producer site visits leads us
to believe that one person at each
establishment could need up to 1 week
of additional training. The cost of this
additional training would amount to
about $262,000 (101 establishments
times 1 week at $135,000 per year).
The total cost for initial compliance
associated with writing the SOPs and
creating document forms amounts to
approximately $2.42 million. The 47
hospital and regional commercial
producers would incur a total of about
$2.25 million (47 producers times
$45,000 plus 53 establishments times
$2,600). The 4 corporate producers
would incur a total of about $170,000 (4
producers times $11,250 plus 48
establishments times $2,600).
Annualizing the total one-time cost over
5 years at a 7-percent discount rate
results in annualized costs of about
$591,000 (at a 3-percent discount rate,
the costs are estimated to be about
$529,000).
Once procedures are established and
documents are in place to record PET
3 Labor hour estimate from FDA site visit to a PET
drug producer on October 2, 2001.
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
55049
drug production and events associated
with routine production of PET drugs,
we would expect there to be some
additional costs for the day-to-day
implementation of the CGMP
provisions. Periodic audits conducted
by company personnel to ensure
compliance with current procedures
would have to be expanded to include
any provisions with which the company
was not already in compliance (for
example, tracking and recordkeeping of
incoming components, proper
documentation of production and
laboratory testing, tracking,
investigation and documentation of
products not meeting specifications).
Additional time would also be spent
updating the SOPs as the equipment
and procedures used in the manufacture
of PET drugs are upgraded and refined.
We project the day-to-day
implementation of the CGMP rules
would require, at most, 1 to 2 additional
hours per day for an individual at each
hospital or regional commercial
producer. Using the midpoint of this
range would result in 2.25 additional
months of labor each year. Using the
same estimated annual salary ($100,000
plus benefits), 2.25 months of labor
equates to about $25,300 in annual costs
to each PET drug production
establishment, or about $1.34 million
for all 53 hospital and regional
commercial producer establishments.
Our assessment of corporate PET drug
producers is that they comply
substantially with the proposed rule.
For these producers, we project that 1
production individual may expend an
additional 1 month of effort over the
course of each year (about 3 hours per
week) in order to comply with the
proposed rule. This month would result
in each corporate PET center incurring
about $11,250 in additional annual
costs, totaling $540,000 for the 48
corporate PET drug production
establishments. Some producers would
probably opt to use an outside
consultant to manage the
implementation of the new rules in the
first year. Although we do not know
how many producers would hire a
consultant, we would not expect this to
affect the total cost considerably, as the
cost of the consultant would replace the
cost of the company employee. Total
annual costs for day-to-day
implementation are estimated at $1.88
million.
Producers would also be expected to
provide some additional training in
future years on SOPs that were amended
to comply with this CGMP rule. We
would expect that this training (review
for current employees as well as new
employees) would be incorporated into
E:\FR\FM\20SEP1.SGM
20SEP1
55050
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
current training programs and therefore
be less burdensome to producers.
Nevertheless, we have included the cost
for annual training for one person per
establishment for one-half week. The
cost of this additional training would
amount to about $131,000 (101
establishments times one-half week at
$135,000 per year).
Total annual costs associated with
daily implementation and training
amount to $2.01 million. The 53
hospital and regional commercial
establishments would incur a total of
about $1.41 million (53 establishments
times ($25,300 plus $1,300)). The
average cost per facility for these
provisions is $26,600. The 48 corporate
production establishments would incur
a total of about $602,000 (48
establishments times ($11,250 plus
$1,300)). The average cost per facility
for these provisions is $12,600.
TABLE 2.—CGMP COSTS
Rule Requirement
No. of Estab.
Wage (Yr. Sal) 1
Labor (Months)
Cost 2
One-Time Costs
Establish/Write SOPs
Academic PET Producers
47
3
$135,000
$2,115,000
4
1
$135,000
$45,000
Academic PET Producers
53
0.23
$135,000
$138,000
Commercial PET Producers
48
0.23
$135,000
$125,000
Commercial PET Producers
Training on SOPs
Total One-Time Costs
$2,422,000
Annual Costs
Rule Requirement
Daily Implementation, Audits, Updates
Academic PET Products
53
2.25
$135,000
$1,342,000
Commercial PET Products
48
1.0
$135,000
$540,000
Academic PET Products
53
0.11
$135,000
$69,000
Commercial PET Products
48
0.11
$135,000
$62,000
Training
Total Annual Costs
$2,013,000
1 Salary
includes 35 percent increase for benefits.
2 Cost totals may not sum to rounding.
2. Equipment Costs
Based on at least 10 site visits to PET
drug production facilities (both
commercial and academic) by FDA
personnel, we believe that the current
laboratory facilities and equipment
comply with the requirements of the
proposed rule. Therefore, additional
costs for laboratory space or equipment
would not be incurred in complying
with this regulation. Further, we believe
that the qualification procedures for all
current production equipment already
occur as a matter of current business
practice, and further equipment
qualification procedures would not be
required.
3. Process Verification Costs
In response to public comments to the
preliminary draft proposed rule,
modifications have been made to the
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
process verification requirements. For
this proposed rule, all PET drug product
batches that undergo full finishedproduct testing to ensure that the
product meets specifications would not
be required to verify the production
process. Currently, all NDA-approved
PET drug products undergo finishedproduct testing. We believe that all PET
drug products that will receive NDA
approval in the foreseeable future will
undergo finished-product testing. This
is because it would be difficult, using
current PET drug technology, to
commercialize a PET drug product with
a half-life of only minutes (which would
prevent finished-product testing before
release). Therefore, the proposed
finished-product testing requirement
would not be expected to impose any
additional burden in the near term. In
the future, however, it is possible that
some small percentage of PET drugs
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
products with NDA approval may
submit only the initial sub-batch to
finished-product testing before release.
In such cases, producers would have to
document their process verification
procedures. Since we do not know how
many, if any, PET drug products such as
this would be approved in the future,
we are unable to estimate any additional
burden to the industry from process
verification requirements. Nevertheless,
we believe current business practice
includes process verification, so any
burden to producers would result from
the need to document and organize the
verification activities.
4. Total Costs
Total one-time costs are estimated at
about $2.42 million (annualized at
$591,000 over 5 years at 7 percent, and
at $529,000 at 3 percent), and annual
costs at about $2.01 million (see table 3
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
of this document). The 53 hospital and
regional commercial PET drug
production establishments would incur
about $2.25 million in one-time costs
and $1.41 million in annual costs. The
annualized (annualized one-time costs
plus annual costs) cost per facility is
estimated at about $35,700 at a 7-
percent discount rate (and at $34,600 at
3 percent). The 48 corporate PET
production facilities would incur about
$170,000 and $602,000 in one-time and
annual costs, respectively. Total
annualized (annualized one-time costs
plus annual costs) costs per corporate
establishment are estimated at about
55051
$13,400 at a 7-percent discount rate
(and at $13,300 at 3 percent). Total
annualized costs for all producers are
estimated at $2,603,000 at a 7-percent
discount rate (and at $2,541,000 at 3
percent).
TABLE 3.—PET DRUG PRODUCERS’ COMPLIANCE COSTS
One-Time Cost
Hospital and Regional
Commercial Establishments (53)
Annual Cost
$2,250,000
$170,000
Total Cost 1
Total Annualized
$602,000
$2,420,000
Corporate Establishments
(48)
$1,410,000
$2,010,000
Cost 2
2,600,000
1 Sum
of costs may not equal total cost due to rounding.
annualized cost equal to total one-time cost discounted at 7-percent over 5 years plus total annual cost. Using a 3-percent discount rate
reduces annualized costs by about $60,000.
2 Total
D. Growth of the PET Industry
Although we do not have reliable
estimates of the annual number of PET
scans, the number has increased
dramatically over the last 10 years, due
at least in part to the increased numbers
of disease conditions for which both
public and private insurers have
extended coverage. The number of
establishments producing PET drug
products, and FDG F 18 in particular,
has also increased over this time period.
As mentioned previously in this
document, the majority of this growth in
establishments reflects commercial
operations that focus mainly or solely
on FDG F 18 production.
As demand for PET scan services and,
therefore, PET drug products is
expected to continue to increase, we
have projected compliance costs over
the next 10 years. We cannot
confidently predict the number of
additional PET drug production runs to
meet the additional demand for PET
services because of unknown factors.
We do not know the number of
additional diseases for which PET will
be used and be reimbursable in the
future or possible increases in size of
production batches of PET drugs.
Because PET drug producers are not
currently producing to capacity, we
believe that increased demand would be
partially met by increasing production
runs and batch sizes at existing
establishments rather than proportional
increases in the number of PET
production establishments. We have
therefore tentatively projected that
average annual PET drug production
establishment increases would range
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
from 3 to 7 percent. Assuming this
growth occurs evenly across producer
types, this growth rate implies an
increase in annualized costs from $2.60
million currently to $3.40 to $4.79
million in year ten (with a present value
of $3.37 million at a 7-percent discount
rate, and $3.64 million at a 3-percent
discount rate). The PET drug risk
reduction resulting from this rule would
also apply to the additional volume of
PET drug dosages implied by the 3 to 7
percent annual growth rate in PET drug
establishments. We request public
comment and data on the annual
number of PET scans and the expected
future growth rate of PET drug products
and production establishments subject
to this proposed rule.
E. Regulatory Flexibility Analysis
The Regulatory Flexibility Act
requires agencies to examine regulatory
alternatives for small entities if that rule
may have a significant impact on a
substantial number of small entities.
1. Objective of the Rule
The implementation of this proposed
rule, in accordance with the
Modernization Act, would help ensure
the safety, identity, strength, quality,
and purity of PET drugs by establishing
CGMP. The objective of the proposal is
to reduce the risk to public health from
adverse events that would be more
likely to occur in the absence of
adherence to CGMP for PET drug
products.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
2. Definition of Small Entities
A regulatory flexibility analysis (RFA)
is required to estimate the number of
small entities to which the proposed
rule would apply. Under the Regulatory
Flexibility Act (as amended), the
definition of a small entity would
include a small business as defined
under the Small Business
Administration (SBA) Act, nonprofit
organizations, and small governmental
jurisdictions.
This rule would affect producers of
PET drug products. These include
certain hospitals, clinics, colleges and
universities, and producers of in vivo
diagnostic substances. According to the
SBA, pharmaceutical preparation
manufacturers with 750 or fewer
employees, electromedical and
electrotherapeutic apparatus
manufacturers with 500 or fewer
employees, drugs and druggists’
sundries wholesalers with 100 or fewer
employees, and for-profit hospitals,
clinics, colleges, and universities with
$29 million or less in revenue are
considered small businesses or entities.
As stated earlier in this analysis, we
identified 101 establishments operated
by 51 PET drug producers. In over onethird of the cases, the PET drug product
is produced by a hospital. In other
instances, a corporate producer manages
production under contract at one or
more hospitals with cyclotrons. PET
drug products are also produced at
independent establishments by
corporate producers or small regional
producers. Total producer numbers
continue to increase as the current
corporate producers expand their
E:\FR\FM\20SEP1.SGM
20SEP1
55052
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
number of establishments and more
independent regional producers enter
the market.
Using information from the American
Hospital Association (AHA), we
characterized 28 of the hospital
producers as one of the following
establishment types:
• Government, non-Federal;
• Government, Federal;
• Non-Government not-for-profit; and
• Investor-owned (for-profit).4
The AHA data did not include
information for eight hospitals
associated with large colleges or
universities, but for this analysis, these
were assumed to be not-for-profit
because approximately 93 percent of all
4-year higher education institutions are
public or nonprofit institutions.5 Census
data reports indicate that private
hospitals (with more than 100
employees) average gross revenues of
about $36.8 million in 1997. This figure
inflates to about $46.0 million using the
Consumer Price Index (CPI) for medical
care from 1997 to 2003. Considering that
hospitals producing PET drug products
would probably be larger than the
average private hospital, we consider it
very likely that the two private hospitals
producing PET drugs have annual
revenues over $29 million and would
therefore not be considered small
entities.6 In instances where PET drug
producer information is not available,
this analysis assumes that the PET drug
producer is owned by the hospital in
which it is located.
Two of the three domestic corporate
PET drug producers exceed the SBA
employee limits within their respective
business classifications to qualify as
small businesses. Employee data were
not available for the other domestic
corporation or any of the 11 regional
commercial producers, and we therefore
assume that these may be small
businesses.
In total, the 51 identified producers of
PET drug products are classified as
follows: 6 Federal, 6 State, 34 small
entities, and 5 large entities. Most of
those that were considered small
entities were classified as such because
they are not-for-profit organizations, not
because they met the employee or
revenue limits for small businesses. It
should be noted that an entity’s
4 ‘‘AHA Guide to the Health Care Field, 1997–98
Edition.’’ Healthcare Infosource, Inc., a subsidiary
of the American Hospital Association.
5 ‘‘The Nation: Colleges and Universities,’’ The
Chronicle of Higher Education, 1999–2000,
Almanac Issue, volume XVI, no. 1, p. 7, August 27,
1999.)
6 ‘‘Hospital Statistics,’’ table 3, pp. 8–9, Health
Forum, An American Hospital Association
Company, 1999.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
identification as small or large in this
analysis does not necessarily indicate
the volume of PET drug products it
produces or the share of the market it
holds.
3. Impact on Small Entities
Another requirement of an RFA is that
we estimate the reporting,
recordkeeping, and other compliance
requirements on small entities. These
requirements are detailed in the
regulatory cost section of this preamble.
Most, if not all, of the PET drug
producers currently employ individuals
who possess skills necessary to establish
written procedures and prepare
documentation as required by this rule.
Some may choose, as mentioned above,
to contract with an outside consultant to
manage their compliance with the rule.
At most, a single-establishment PET
drug producer may incur one-time and
annual costs of approximately $42,500
and $25,300 per operating facility,
respectively. The hospital and regional
commercial producers would incur
these higher per-facility costs because
these establishments are expected to
require more time to fully comply with
the written procedure and
recordkeeping requirements. The total
of the maximum one-time and annual
costs per producer equates to
significantly less than 1 percent of the
$88 million ($70.8 million inflated by
the CPI for medical care from 1997 until
2003) average annual gross revenue per
nonprofit hospital. In addition, most of
the hospitals that would be affected by
this rule are affiliated with large
universities whose total revenues are
expected to be much higher than the
$88 million figure cited. The estimated
compliance cost would represent an
even smaller portion of a percent of the
entire university’s revenues. Revenue
data were not available for the one
possibly small corporate producer. This
company would incur annual costs of
approximately $62,700 and one-time
costs of about $24,000. The 11 regional
commercial producers are expected to
incur one-time and annual costs of
approximately $42,500 per producer
and $25,300 per operating facility,
respectively. We lack sufficient data to
estimate the expected compliance costs
as a percent of revenues for the regional
commercial producers. Accordingly, it
is possible that this proposed rule might
have a significant effect on these small
entities. We request comment on the
extent of the effect that this rule will
have on small entities, as well as
additional data to profile PET drug
producers.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
4. Other Federal Rules
We are not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with the proposed
rule. We request any information that
may show otherwise.
5. Description of Alternatives
Several alternative provisions were
considered but not adopted during the
formulation of this rule.
Traditional CGMP. We considered
requiring PET drug producers to follow
traditional CGMP (parts 210 and 211),
but because these requirements would
not allow the flexibility of PET drug
CGMP detailed in this rule, the
compliance costs would have been
much greater under this alternative. The
increased flexibility provided by this
proposal is believed to be more
appropriate because of the special
characteristics of PET drugs, including
their short half-life, small-scale
manufacturing, and limited distribution
environment.
Specific identity testing of PET drug
components. We were also interested in
preventing contamination of PET drugs
with components that may present a
threat to public health. We therefore
considered an alternative that would
have required specific identity testing of
PET drug components. In the May 2002
preliminary proposed rule, we proposed
that PET drug producers perform
identity testing on raw materials that
yield a drug substance and each inactive
ingredient that is not a finished drug
product. For FDG F 18 production, this
would have required that mannose
triflate be tested using either infrared
spectroscopy (IR) or nuclear magnetic
spectroscopy (NMR). We were unable to
estimate the current level of compliance
with this provision and therefore
assumed the level to be zero, although
it is possible that some PET drug
producers currently perform this testing.
Contact with PET drug producers
indicated that the most probable method
of compliance would have been to use
a private laboratory to perform these
tests under contract to the PET drug
producers. Although some producers,
especially hospital producers, may have
IR testing equipment or could at least
acquire these services from other
departments at their institutions, we
assumed they would also use the
services of private laboratories.
We estimated that producers receive
from two to six lots of mannose triflate
annually, and we believe the average
number is around three. We have
estimated the costs of the identity
testing alternative assuming the use of
NMR. Since testing could be done using
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
either IR or NMR, with IR being
somewhat less expensive, our estimates
may overstate actual costs. Sample
testing using the NMR is expected to
cost up to $400 including the additional
consultation and interpretation of the
results with the technical staff. Testing
three lots per year would result in a cost
of $1,200 to each PET drug producer.
We estimate that the total annual cost of
identity testing the mannose triflate
would have been about $121,000 for all
PET drug producers.
Identity testing of O 18 water would
be performed through the cyclotron
production run and is believed to be
current practice. Therefore, no
additional compliance costs would have
been added for identity testing of the O
18 water.
Many of the hospital PET producers
make a small number of additional PET
drug products and may use other
inactive ingredients. Almost all
excipients and other components are
marketed as finished drug products and
would not have required identification
testing under this alternative policy. We
do not have enough data to estimate
confidently the average number of
additional PET drug products made by
each establishment, but we
conservatively project that two
components would require identity
testing at each of the 36 hospital PET
producers as well as the 16 hospital
producers operated by corporate
producers. Identity testing of these
additional components would have
added an additional $2,400 per PET
drug producer (2 components times
$400 per test times 3 lots per year),
resulting in a total of about $125,000 in
costs to the industry ($2,400 times 36
academic and hospital producers plus
16 hospital producers operated by
industry). The total cost of identity
testing of components would have
amounted to about $246,000 ($121,000
for mannose triflate and $125,000 for
the other components). The regional
commercial PET drug producers and the
corporate producers (excluding hospital
producers operated by corporate
entities) are believed to produce only
FDG F 18. These producers would have
incurred no additional costs under this
alternative.
PET drug producers commented that
this alternative requirement would still
be unnecessary and unduly burdensome
because components and contaminants
would be identified in finished-product
testing and a certificate of analysis is
provided by the supplier. We are in
substantial agreement with these
comments and have removed the
component identity testing requirement
from the proposed rule.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
Verification of the certificate of
analysis. A related alternative, also
proposed in the preliminary draft
proposed rule of May 2002, would have
required producers to verify the
component specifications as written on
the certificate of analysis. We believe
that certificate of analysis verification
would also be completed by
independently testing the first three lots
of each component received. We
estimate that this would require contract
testing of about three components for
the hospital and regional commercial
producers and about two components
for the corporate producers. The total
cost associated with verifying the
reliability of the component suppliers
would be a one-time cost of about
$306,000. This would include $3,600 (3
lots times 3 components times $400) for
each hospital and regional commercial
producer establishment for a total of
$191,000, and about $2,400 (3 lots times
2 components times $400) for corporate
producer establishments for a total of
about $115,000. Using a discount rate of
7 percent over 5 years, the annualized
cost would have amounted to about
$75,000.
Several PET drug producers
commented that a requirement for
verification of the supplier’s certificate
of analysis would also be unnecessary
and unduly burdensome. They stated
that an established track record with a
supplier showing no problems in
finished-product test results should
adequately establish the reliability of a
supplier. As with the component
identity testing alternative, we are in
substantial agreement with PET drug
producer comments and have not
included the certificate of analysis
verification requirement in the proposed
rule.
Validation of production and process
controls. We also considered a
requirement that production and
process controls in every PET drug
production process be validated
according to established procedures.
This provision was included in the
preliminary draft proposed rule. It
would have provided for retrospective
validation in most cases, which would
have relied on a review of historical
data to show that each process is
sufficiently capable of yielding batches
meeting specifications. PET drug
producers commented that this
provision would be unnecessarily
burdensome for those producers
without written validation protocols,
and finished-product testing would
alleviate the safety concerns. After
considering these comments, we
decided not to include this provision in
the proposed rule. While we did not
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
55053
calculate a separate cost for this
provision, we believe it could have been
burdensome for some producers.
Audit trail capabilities. Another
alternative would have been to require
audit trail capabilities for all computeroperated systems to ensure the security
of all production and nonproduction
records. For nonproduction systems,
software is available with audit trail
capabilities and can be run alongside a
widely used spreadsheet software
program. This additional software
system would provide PET producers
with audit trail capabilities for tracking
the receipt of drug components and inprocess materials, the distribution of
finished products, batch records,
complaint files, personnel training, and
equipment maintenance. Prices for this
software, including its base price, a
validation package, and annual
maintenance and support, are available
on the Internet. The entire package
would amount to about $7,000 in first
year costs for a PET drug producer. A
short training course provided by the
software vendor would increase first
year costs by about $1,600 for each
producer. In order to account for some
uncertainty and regional price
differences for this or similar software
programs, we increased the estimated
costs about 50 percent. Compliance
costs would therefore be expected to
total about $12,900 for each PET drug
producer ($10,400 for the base license,
validation package, and first year
maintenance and support plus about
$2,400 for a short training program). We
believe there is very little use of
software providing secure audit trail
capabilities. Therefore, we assumed that
to comply with this provision, all PET
drug producers would have had to
purchase software providing secure
audit trail capabilities. The total first
year cost of this software would have
been about $1,303,000 for the 101 PET
drug production establishments. We
further assumed that 50 percent of the
producers would need to purchase the
spreadsheet software at a cost of about
$150 each, adding $7,600 to the
software costs. Total one-time software
costs for non-production equipment
would have been about $1,310,000.
The manufacturers of the audit-trail
capable software would also have been
expected to provide on-site maintenance
and support of their systems, as
mentioned above. PET drug producers
would have been expected to purchase
these maintenance and support systems.
Based on our contact with one such
software manufacturer, we estimated
that the annual cost of such a system
would be about $1,000 per year. In order
to account for the uncertainty in using
E:\FR\FM\20SEP1.SGM
20SEP1
55054
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
only a single software application in
estimating costs, we increased this
amount to about $1,500 for each PET
drug producer for this analysis. The
estimated total cost for all 101
producers would have been about
$152,000 annually.
We also considered requiring the
radiochemical synthesis apparatus, as
well as the HPLC and GC equipment, to
have secure audit trail software systems
with electronic signature capabilities.
We believe that most of this equipment
and programming software currently
provides date, time, and employee
identification capabilities. However, for
at least some producers we believe that
a software update would be required to
provide, at a minimum, file deletion
prevention capabilities. While software
packages are updated regularly in the
industry, we did not have enough
information to estimate the incremental
cost of updating all types of production
equipment software to include audit
trail capabilities. Information on
electronic recordkeeping, which would
apply to electronic audit trails, may be
found in 21 CFR part 11; Electronic
Records; Electronic Signatures and the
draft guidance document entitled ‘‘PET
Drug Products—Current Good
Manufacturing Practice (CGMP).’’ We
invite public comment and data on the
scope and cost of creating electronic
audit trail capability, including data on
current audit trail capabilities within
the industry.
The electronic audit trail
requirements we have described were
excluded from the proposed rule
because we could not determine if the
additional level of quality assurance
would justify the additional compliance
costs. We request public comment and
data concerning the need for electronic
audit trail requirements as part of the
CGMPs for PET drug products.
IV. Environmental Impact
We have determined under 21 CFR
25.30(j) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
V. The Paperwork Reduction Act of
1995
This proposed rule contains
information collection requirements that
are subject to review by OMB under the
Paperwork Reduction Act of 1995 (the
PRA) (44 U.S.C. 3501–3520). The title,
description, and respondent description
of the information collection provisions
are shown below with an estimate of the
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
annual reporting and recordkeeping
burden. Included in the estimate is the
time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
each collection of information.
We invite comments on these topics:
(1) Whether the collection of
information is necessary for the proper
performance of our functions, including
whether the information will have
practical utility; (2) the accuracy of our
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
Title: Current Good Manufacturing
Practice for Positron Emission
Tomography Drugs
Description: In accordance with the
Modernization Act, the proposed rule
would establish CGMP requirements for
PET drugs. The proposed CGMP
requirements are designed to take into
account the unique characteristics of
PET drugs, including their short halflives and the fact that most PET drugs
are produced at locations that are very
close to the patients to whom the drugs
are administered. The estimate is based
on there being 51 PET drug producers
operating 36 hospital or academic
facilities and 65 commercial facilities
for a total of 101 PET drug production
facilities.
The proposed regulations are
intended to ensure that approved PET
drug products meet the requirements of
the act as to safety, identity, strength,
quality, and purity. The proposed
regulations address the following
matters: Personnel and resources;
quality control; facilities and
equipment; control of components, inprocess materials, and finished
products; production and process
controls; laboratory controls; acceptance
criteria; labeling and packaging controls;
distribution controls; complaint
handling; and recordkeeping.
The proposed CGMP regulations
would establish several recordkeeping
requirements for the production of PET
drugs. In making our estimates of the
time spent in complying with these
proposed requirements, we relied on
communications we have had with PET
producers, visits by our staff to PET
facilities, and our familiarity with both
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
PET and general pharmaceutical
manufacturing practices.
Description of Respondents:
Academic institutions, hospitals,
commercial manufacturers, and other
entities that produce PET drug products.
Burden Estimate: Table 4 of this
document provides an estimate of the
annual recordkeeping burdens
associated with the proposed rule. We
are not proposing any reporting
requirements. All of our recordkeeping
burden estimates are based on there
being 101 PET production facilities,
with each of the 36 academic or hospital
facilities producing 3 different PET drug
products and each of the 65 commercial
facilities producing 1 PET drug product,
resulting in an estimated 173 total PET
drug products. Our estimates are also
based on a 250-day work year with an
average yearly production of 500
batches for each facility. We have also
taken into account that time spent on
recording procedures, processes, and
specifications may be somewhat higher
in the year in which these records are
first established and correspondingly
lower in subsequent years, when only
updates and revisions would be
required.
A. Investigational and Research PET
Drug Products
Proposed § 212.5(b)(2) provides that
for investigational PET drugs or drug
products produced under an IND and
research PET drugs or drug products
produced with approval of an RDRC, the
requirement under the act to follow
current good manufacturing practice is
met by complying with USP 28 Chapter
<823>. We believe that PET production
facilities producing drugs under INDs
and RDRCs are currently substantially
complying with the recordkeeping
requirements of USP 28 Chapter <823>
(see section 121(b) of the Modernization
Act), and accordingly, we have not
estimated any recordkeeping burden for
this provision of this proposed rule.
B. Batch Production and Control
Records
Proposed §§ 212.20(c) through (e),
212.50(a) through (c), and 212.80(c) set
out requirements for batch and
production records as well as written
control records. We estimate that it
would take 20 hours annually for each
PET production facility to prepare and
maintain written production and control
procedures and to create and maintain
master batch records for each PET drug
product produced. We also estimate that
there will be a total of 173 PET drug
products produced, with a total
estimated recordkeeping burden of
3,460 hours. We estimate that it would
E:\FR\FM\20SEP1.SGM
20SEP1
55055
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
take a PET production facility an
average of 30 minutes to complete a
batch record for each of 500 batches.
Our estimated burden for completing
batch records is 25,250 hours.
C. Equipment and Facilities Records
Proposed §§ 212.20(c), 212.30(b),
212.50(d), and 212.60(f) contain
requirements for records dealing with
equipment and physical facilities. We
estimate that it would take 1 hour to
establish and maintain these records for
each piece of equipment in each PET
production facility. We estimate that the
total burden for establishing procedures
for these records would be 1,515 hours.
We estimate that recording maintenance
and cleaning information would take 5
minutes a day for each piece of
equipment, with a total recordkeeping
burden of 31,436 hours.
D. Records of Components, Containers,
and Closures
Proposed §§ 212.20(c), 212.40(a)
through (b) and (e) contain requirements
on records regarding receiving and
testing of components, containers, and
closures. We estimate that the annual
burden for establishing these records
would be 202 hours. We estimate that
each facility would receive 36
shipments annually and would spend
10 minutes per shipment entering
records. The annual burden for
maintaining these records would be 604
hours.
E. Process Verification
Proposed § 212.50(f)(2) would require
that any process verification activities
and results be recorded. Because
process verification would only be
required when results of the production
of an entire batch are not fully verified
through finished-product testing, we
believe that process verification will be
a very rare occurrence, and we have not
estimated any recordkeeping burden for
documenting process verification.
F. Laboratory Testing Records
Proposed §§ 212.20(c), 212.60(a)
through (b) and (g), 212.61(a) through
(b), and 212.70(a) through (b) and (d) set
out requirements for documenting
laboratory testing and specifications
referred to in laboratory testing,
including final release testing and
stability testing. We estimate that each
commercial PET production facility will
need to establish procedures and create
forms for 20 different tests for the 1
product they produce. Each hospital
and academic PET drug production
facility will need to establish
procedures and create forms for a total
of 34 different tests for the 3 products
they produce. We estimate that it will
take each facility an average of 1 hour
to establish procedures and create forms
for one test. The estimated annual
burden for establishing procedures and
creating forms for these records would
be 2,525 hours, and the annual burden
for recording laboratory test results
would be 8,383 hours.
G. Sterility Test Failure Notices
Proposed § 212.70(e) would require
PET drug producers to notify all
receiving facilities if a batch fails
sterility tests. We also believe that
sterility test failures will be a very rare
occurrence, and we have estimated no
recordkeeping burden for the notices. If
such an event were to occur, we believe
that PET drug producers would use
e-mail and facsimile transmission to
notify the receiving facilities of the test
failure. Providing notice should take
less than 1 hour per failure.
H. Conditional Final Releases
Proposed § 212.70(f) would require
PET drug producers to document any
conditional final releases of a product.
We believe that conditional final
releases would be fairly uncommon, but
for purposes of the PRA, we have
estimated that each PET production
facility would have one conditional
final release a year and would spend 1
hour documenting the release and
notifying receiving facilities.
I. Out-of-Specification Investigations
Proposed §§ 212.20(c) and 212.71(a)
and (b) would require PET drug
producers to establish procedures for
investigating products that do not
conform to specifications and conduct
these investigations as needed. We
estimate that it would take 1 hour
annually to record and update these
procedures for each PET production
facility. We also estimate, for purposes
of the PRA, that one out-of-specification
investigation would be conducted at
each facility each year and that it would
take 1 hour to document the
investigation.
J. Reprocessing Procedures
Proposed §§ 212.20(c) and 212.71(d)
would require PET drug producers to
establish and document procedures for
reprocessing PET drug products. We
estimate that it would take 1 hour a year
to document these procedures for each
PET production facility. We have not
estimated a separate burden for
recording the actual reprocessing, both
because we believe it would be an
uncommon event and because the
recordkeeping burden has been
included in our estimate for batch
production and control records.
K. Distribution Records
Proposed §§ 212.20(c) and 212.90(a)
would require that written procedures
regarding distribution of PET drug
products be established and maintained.
We estimate that it would take 1 hour
annually to establish and maintain
records of these procedures for each
PET production facility. Proposed
§ 212.90(b) would require that
distribution records be maintained. We
estimate that it would take 15 minutes
to create an actual distribution record
for each batch of PET drug products,
with a total burden of 1,375 hours for
all PET producers.
L. Complaints
Proposed §§ 212.20(c) and 212.100
would require that PET drug producers
establish written procedures for dealing
with complaints, as well as document
how each complaint is handled. We
estimate that establishing and
maintaining written procedures for
complaints would take 1 hour annually
for each PET production facility and
that each facility would receive one
complaint a year and would spend 30
minutes recording how the complaint
was dealt with.
We invite comments on this analysis
of information collection burdens.
TABLE 4.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
21 CFR Section
No. of
Recordkeepers
Annual Frequency
per Recordkeeping
Total Annual Records
Hours per
Recordkeeper
Total Hours
101
1.71
173
20
3,460
212.20(c) and (e),
212.50(a) and (b)
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
E:\FR\FM\20SEP1.SGM
20SEP1
55056
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
TABLE 4.—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
No. of
Recordkeepers
Annual Frequency
per Recordkeeping
Total Annual Records
Hours per
Recordkeeper
Total Hours
212.20(d) and (e),
212.50(c),
212.80(c)
101
500
50,500
.5
25,250
212.20(c),
212.30(b),
212.50(d),
212.60(f)
101
15
1,515
1
1,515
212.30(b),
212.50(d),
212.60(f)
101
3,750
378,750
.083
31,436
212.20(c),
212.40(a) and (b)
101
2
202
1
202
212.40(e)
101
36
3,636
.166
604
212.20(c),
212.60(a) and (b),
212.61(a),
212.70(a), (b), and (d)
101
25
2,525
1
2,525
212.60(g),
212.61(b),
212.70(d)(2) and (d)(3)
101
500
50,500
.166
8,383
212.70(f)
101
1
101
1
101
212.20(c), 212.71(a)
101
1
101
1
101
212.71(b)
101
1
101
1
101
212.20(c), 212.71(d)
101
1
101
1
101
212.20(c), 212.90(a)
101
1
101
1
101
212.90(b)
101
500
50,500
.25
12,625
212.20(c), 212.100(a)
101
1
101
1
101
212.100(b) and (c)
101
1
101
.5
50
21 CFR Section
Total
1 There
86,656
are no capital costs or operating and maintenance costs associated with this collection of information.
In compliance with the PRA, we have
submitted the information collection
requirements of this proposed rule to
OMB for review. Interested persons are
requested to send comments regarding
information collection to the Office of
Information and Regulatory Affairs,
OMB.
Submit written comments on the
information collection provisions to the
Office of Information and Regulatory
Affairs, OMB. OMB is still experiencing
significant delays in the regular mail,
including first class and express mail,
and messenger deliveries are not being
accepted. 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,
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
OMB, Attn: Fumie Yokota, Desk Officer
for FDA, FAX: 202–395–6974.
VI. Federalism
We have analyzed this proposed rule
in accordance with the principles set
forth in Executive Order 13132. We
have tentatively determined that the
rule does not contain policies that have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Consequently, we
do not currently plan to prepare a
federalism summary impact statement
for this rulemaking procedure. We
invite comments on the federalism
implications of this proposed rule.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
VII. Proposed Effective Date
In accordance with section 121 of the
Modernization Act, we propose that any
final rule that may issue based on this
proposal become effective 2 years after
the date on which we issue the final
rule.
VIII. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this proposal.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
List of Subjects
21 CFR Part 210
Drugs, Packaging and containers.
21 CFR Part 211
Drugs, Labeling, Laboratories,
Packaging and containers, Prescription
drugs, Reporting and recordkeeping
requirements, Warehouses.
21 CFR Part 212
Current good manufacturing practice,
Drugs, Incorporation by reference,
Labeling, Laboratories, Packaging and
containers, Positron emission
tomography drugs, Prescription drugs,
Reporting and recordkeeping
requirements.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, the Food and
Drug Modernization Act of 1997, and
under authority delegated to the
Commissioner of Food and Drugs, it is
proposed that 21 CFR chapter I be
amended as follows:
PART 210—CURRENT GOOD
MANUFACTURING PRACTICE IN
MANUFACTURING, PROCESSING,
PACKING, OR HOLDING OF DRUGS;
GENERAL
[Amended]
[Amended]
3. Amend § 210.2(a) and (b) by
removing the phrase ‘‘211 through 226’’
both times it appears and by adding in
its place the phrase ‘‘211, 225, and 226’’.
§ 210.3
4. Amend § 210.3 in paragraphs (a)
and (b) introductory text by removing
the phrase ‘‘211 through 226’’ and
adding in its place the phrase ‘‘211, 225,
and 226’’.
PART 211—CURRENT GOOD
MANUFACTURING PRACTICE FOR
FINISHED PHARMACEUTICALS
5. The authority citation for 21 CFR
part 211 continues to read as follows:
Authority: 21 U.S.C. 321, 351, 352, 355,
360b, 371, 374; 42 U.S.C. 216, 262, 263a, 264.
6. Amend § 211.1 by revising
paragraph (a) to read as follows:
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
212.80 What are the requirements
associated with labeling and packaging
PET drug products?
212.90 What actions must I take to
control the distribution of PET drug
products?
Subpart A—General Provisions
Sec.
212.1 What are the meanings of the
technical terms used in these
regulations?
212.100 What do I do if I receive a
complaint about a PET drug product
produced at my facility?
Subpart L—Records
212.2 What is current good
manufacturing practice for PET drugs?
212.5 To what drugs do the regulations
in this part apply?
Subpart B—Personnel and Resources
Subpart D—Facilities and Equipment
212.30 What requirements must my
facilities and equipment meet?
Subpart E—Control of Components,
Containers, and Closures
212.40 How must I control the
components I use to produce PET drugs
and the containers and closures I
package them in?
Subpart F—Production and Process
Controls
212.50 What production and process
controls must I have?
[Amended]
Subpart I—Packaging and Labeling
Subpart K—Complaint Handling
212.20 What activities must I perform to
ensure product quality?
2. Amend § 210.1(a), (b), and (c) by
removing the phrase ‘‘211 through 226’’
each time it appears and by adding in
its place the phrase ‘‘211, 225, and 226’’.
212.71 What actions must I take if a
batch of PET drug product does not
conform to specifications?
Subpart J—Distribution
PART 212—CURRENT GOOD
MANUFACTURING PRACTICE FOR
POSITRON EMISSION TOMOGRAPHY
DRUGS
Subpart C—Quality Assurance
Authority: 21 U.S.C. 321, 351, 352, 355,
360b, 371, 374; 42 U.S.C. 216, 262, 263a, 264.
§ 210.2
Scope.
(a) The regulations in this part contain
the minimum current good
manufacturing practice for preparation
of drug products (excluding positron
emission tomography drug products) for
administration to humans or animals.
*
*
*
*
*
7. Add part 212 to read as follows:
212.10 What personnel and resources
must I have?
1. The authority citation for 21 CFR
part 210 continues to read as follows:
§ 210.1
§ 211.1
55057
Subpart G—Laboratory Controls
212.60 What requirements apply to the
laboratories where I test components,
in-process materials, and finished PET
drug products?
212.61 What must I do to ensure the
stability of my PET drug products
through expiry?
Subpart H—Finished Drug Product
Controls and Acceptance Criteria
212.70 What controls and acceptance
criteria must I have for my finished PET
drug products?
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
212.110 How must I maintain records of
my production of PET drug products?
Authority: 21 U.S.C. 321, 351, 352, 355,
371, 374; Sec. 121, Pub. L. 105–115, 111 Stat.
2296.
Subpart A—General Provisions
§ 212.1 What are the meanings of the
technical terms used in these regulations?
The following definitions apply to
words and phrases as they are used in
this part. Other definitions of these
words may apply when they are used in
other parts of this chapter.
Acceptance criteria means numerical
limits, ranges, or other criteria for tests
that are used for or in making a decision
to accept or reject a unit, lot, or batch
of a PET drug product.
Act means the Federal Food, Drug,
and Cosmetic Act, as amended (21
U.S.C. 321 et seq.).
Active pharmaceutical ingredient
means a substance that is intended for
incorporation into a finished PET drug
product and is intended to furnish
pharmacological activity or other direct
effect in the diagnosis or monitoring of
a disease or a manifestation of a disease
in humans, but does not include
intermediates used in the synthesis of
such substance.
Batch means a specific quantity of
PET drug product intended to have
uniform character and quality, within
specified limits, that is produced
according to a single production order
during the same cycle of production.
Batch production and control record
means a unique record that references
an accepted master production and
control record and documents specific
details on production, labeling, and
quality control for a single batch of a
PET drug product.
Component means any ingredient
intended for use in the production of a
E:\FR\FM\20SEP1.SGM
20SEP1
55058
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
PET drug product, including any
ingredients that may not appear in the
final PET drug product.
Conditional final release means a
final release made prior to completion
of a required finished product test
because of a breakdown of analytical
equipment.
Final release means the authoritative
decision by a responsible person in a
PET production facility to permit the
use of a batch of a PET drug product in
humans.
Inactive ingredient means any
intended component of the PET drug
product other than the active
pharmaceutical ingredient.
In-process material means any
material fabricated, compounded,
blended, or derived by chemical
reaction that is produced for, and is
used in, the preparation of a PET drug
product.
Lot means a batch, or a specifically
identified portion of a batch, having
uniform character and quality within
specified limits. In the case of a PET
drug product produced by continuous
process, a lot is a specifically identified
amount produced in a unit of time or
quantity in a manner that ensures its
having uniform character and quality
within specified limits.
Lot number, control number, or batch
numbermeans any distinctive
combination of letters, numbers, or
symbols from which the complete
history of the production, processing,
packing, holding, and distribution of a
batch or lot of a PET drug product can
be determined.
Master production and control record
means a compilation of records
containing the procedures and
specifications for the production of a
PET drug product.
Material release means the
authoritative decision by a responsible
person in a PET production facility to
permit the use of a component,
container and closure, in-process
material, packaging material, or labeling
in the production of a PET drug
product.
PET means positron emission
tomography.
PET drug means a radioactive drug
that exhibits spontaneous disintegration
of unstable nuclei by the emission of
positrons and is used for providing dual
photon positron emission tomographic
diagnostic images. The definition
includes any nonradioactive reagent,
reagent kit, ingredient, nuclide
generator, accelerator, target material,
electronic synthesizer, or other
apparatus or computer program to be
used in the preparation of a PET drug.
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
PET drug product means a finished
dosage form that contains a PET drug,
whether or not in association with one
or more other ingredients.
PET production facility means a
facility that is engaged in the production
of a PET drug product.
Productionmeans the manufacturing,
compounding, processing, packaging,
labeling, reprocessing, repacking,
relabeling, and testing of a PET drug
product.
Quality control means a system for
maintaining the quality of active
ingredients, PET drug products,
intermediates, components that yield an
active pharmaceutical ingredient,
analytical supplies, and other
components, including containerclosure systems and in-process
materials, through procedures, tests,
analytical methods, and acceptance
criteria.
Receiving facility means any hospital,
institution, nuclear pharmacy, imaging
facility, or other entity or part of an
entity that accepts a PET drug product
that has been given final release, but
does not include a common or contract
carrier that transports a PET drug
product from a PET production facility
to a receiving facility.
Specifications means the tests,
analytical procedures, and appropriate
acceptance criteria to which a PET drug,
PET drug product, component,
container closure system, in-process
material, or other material used in PET
drug production must conform to be
considered acceptable for its intended
use. Conformance to specifications
means that a PET drug, PET drug
product, component, container closure
system, in-process material, or other
material used in PET drug production,
when tested according to the described
analytical procedures, meets the listed
acceptance criteria.
Strength means the concentration of
the active pharmaceutical ingredient
(radioactivity amount per volume or
weight at the time of calibration).
Verification means confirmation that
an established method, process, or
system meets predetermined acceptance
criteria.
§ 212.2 What is current good
manufacturing practice for PET drugs?
Current good manufacturing practice
for PET drug products is the minimum
requirements for the methods to be used
in, and the facilities and controls used
for, the production, quality control,
holding, or distribution of PET drug
products intended for human use.
Current good manufacturing practice is
intended to ensure that each PET drug
product meets the requirements of the
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
act as to safety and has the identity and
strength, and meets the quality and
purity characteristics, that it is
supposed to have.
§ 212.5 To what drugs do the regulations
in this part apply?
(a) Application solely to PET drug
products. The regulations in this part
apply only to the production, quality
control, holding, and distribution of
PET drug products. Any human drug
product that does not meet the
definition of a PET drug product must
be manufactured in accordance with the
current good manufacturing practice
requirements in parts 210 and 211 of
this chapter. The regulations in this part
apply to all PET drug products for
human use except for investigational
and research PET drugs as described in
paragraph (b) of this section.
(b) Investigational and research PET
drugs. The regulations in this part do
not apply to investigational PET drugs
or drug products for human use
produced under an investigational new
drug application in accordance with
part 312 of this chapter and PET drugs
or drug products produced with the
approval of a Radioactive Drug Research
Committee in accordance with part 361
of this chapter. For such investigational
and research PET drugs or drug
products, the requirement under the act
to follow current good manufacturing
practice is met by producing PET drugs
or drug products in accordance with
Chapter 823, ‘‘Radiopharmaceuticals for
Positron Emission Tomography—
Compounding,’’ of the 28th edition of
the United States Pharmacopeia (2005),
which is incorporated by reference. The
Director of the Office of the Federal
Register approves this incorporation by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may
obtain copies from the United States
Pharmacopeial Convention, Inc., 12601
Twinbrook Pkwy., Rockville, MD 20852,
or you may examine a copy at the
Center for Drug Evaluation and
Research’s Division of Medical Library,
5600 Fishers Lane, rm. 11B–40,
Rockville, MD, or at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
Subpart B—Personnel and Resources
§ 212.10 What personnel and resources
must I have?
You must have a sufficient number of
personnel with the necessary education,
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
background, training, and experience to
perform their assigned functions. You
must have adequate resources,
including facilities and equipment, to
enable your personnel to perform their
functions.
Subpart C—Quality Assurance
§ 212.20 What activities must I perform to
ensure product quality?
(a) Production operations. You must
oversee production operations to ensure
that each PET drug product meets the
requirements of the act as to safety and
has the identity and strength, and meets
the quality and purity characteristics,
that it is supposed to have.
(b) Materials. You must examine and
approve or reject components,
containers, closures, in-process
materials, packaging materials, labeling,
and finished dosage forms to ensure
compliance with procedures and
specifications affecting the identity,
strength, quality, or purity of a PET drug
product.
(c) Specifications and processes. You
must approve or reject, before
implementation, any initial
specifications, methods, processes, or
procedures, and any proposed changes
to existing specifications, methods,
processes, or procedures, to ensure that
they maintain the identity, strength,
quality, and purity of a PET drug. You
must demonstrate that any change does
not adversely affect the identity,
strength, quality, or purity of any PET
drug product.
(d) Production records. You must
review production records to determine
whether errors have occurred. If errors
have occurred, or a production batch or
any component of the batch fails to meet
any of its specifications, you must
determine the need for an investigation,
conduct investigations when necessary,
and take appropriate corrective actions.
(e) Quality assurance. You must
establish and follow written quality
assurance procedures.
Subpart D—Facilities and Equipment
§ 212.30 What requirements must my
facilities and equipment meet?
(a) Facilities. You must provide
adequate facilities to ensure the orderly
handling of materials and equipment,
the prevention of mixups, and the
prevention of contamination of
equipment or product by substances,
personnel, or environmental conditions
that could reasonably be expected to
have an adverse effect on product
quality.
(b) Equipment procedures. You must
implement procedures to ensure that all
equipment that could reasonably be
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
expected to adversely affect the identity,
strength, quality, or purity of a PET drug
product, or give erroneous or invalid
test results when improperly used or
maintained, is clean, suitable for its
intended purposes, properly installed,
maintained, and capable of repeatedly
producing valid results. You must
document your activities in accordance
with these procedures.
(c) Equipment construction and
maintenance. Equipment must be
constructed and maintained so that
surfaces that contact components, inprocess materials, or PET drug products
are not reactive, additive, or absorptive
so as to alter the quality of PET drug
products.
Subpart E—Control of Components,
Containers, and Closures
§ 212.40 How must I control the
components I use to produce PET drugs
and the containers and closures I package
them in?
(a) Written procedures. You must
establish, maintain, and follow written
procedures describing the receipt, login,
identification, storage, handling, testing,
and acceptance and/or rejection of
components and drug product
containers and closures. The procedures
must be adequate to ensure that the
components, containers, and closures
are suitable for their intended use.
(b) Written specifications. You must
establish appropriate written
specifications for the identity, quality,
and purity of components and for the
identity and quality of drug product
containers and closures.
(c) Examination and testing. Upon
receipt, each lot of components and
containers and closures must be
uniquely identified and tested or
examined to determine whether the lot
complies with your specifications. You
must not use in PET drug product
production any lot that does not meet its
specifications, including any expiration
date if applicable, or that has not yet
received its material release. Any
incoming lot must be appropriately
designated as either quarantined,
accepted, or rejected. You must use a
reliable supplier as a source of each lot
of each component, container, and
closure.
(1)(i) If you conduct finished-product
testing of a PET drug product that
includes testing to ensure that the
correct components have been used, you
must determine that each lot of
incoming components used in that PET
drug product complies with written
specifications by examining a certificate
of analysis provided by the supplier.
You are not required to perform a
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
55059
specific identity test on any of those
components.
(ii) If you do not conduct finishedproduct testing of a PET drug product
that ensures that the correct components
have been used, you must conduct
identity testing on each lot of a
component that yields an active
ingredient and each lot of an inactive
ingredient used in that PET drug
product. This testing must be conducted
using tests that are specific to each
component that yields an active
ingredient and each inactive ingredient.
For any other component, such as a
solvent or reagent, that is not the subject
of finished-product testing, you must
determine that each lot complies with
written specifications by examining a
certificate of analysis provided by the
supplier; if you use such a component
to prepare an inactive ingredient on site,
you must perform an identity test on the
components used to make the inactive
ingredient before the components are
released for use. However, if you use as
an inactive ingredient a product that is
approved under section 505 of the act
(21 U.S.C. 355) and is marketed as a
finished drug product intended for
intravenous administration, you need
not perform a specific identity test on
that ingredient.
(2) You must examine a representative
sample of each lot of containers and
closures for conformity to its written
specifications. You must perform at
least a visual identification of each lot
of containers and closures.
(d) Handling and storage. You must
handle and store components,
containers, and closures in a manner
that prevents contamination, mixups,
and deterioration and ensures that they
are and remain suitable for their
intended use.
(e) Records. You must keep a record
for each shipment of each lot of
components, containers, and closures
that you receive. The record must
include the identity and quantity of
each shipment, the supplier’s name and
lot number, the date of receipt, the
results of any testing performed, the
disposition of rejected material, and the
expiration date (where applicable).
Subpart F—Production and Process
Controls
§ 212.50 What production and process
controls must I have?
You must have adequate production
and process controls to ensure the
consistent production of a PET drug
product that meets the applicable
standards of identity, strength, quality,
and purity.
E:\FR\FM\20SEP1.SGM
20SEP1
55060
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
(a) Written control procedures. You
must have written production and
process control procedures to ensure
and document that all key process
parameters are controlled and that any
deviations from the procedures are
justified.
(b) Master production and control
records. You must have master
production and control records that
document all steps in the PET drug
product production process. The master
production and control records must
include the following information:
(1) The name and strength of the PET
drug product;
(2) If applicable, the name and
radioactivity or other measurement of
each active pharmaceutical ingredient
and each inactive ingredient per batch
or per unit of radioactivity or other
measurement of the drug product, and
a statement of the total radioactivity or
other measurement of any dosage unit;
(3) A complete list of components
designated by names and codes
sufficiently specific to indicate any
special quality characteristic;
(4) Identification of all major pieces of
equipment used in production;
(5) An accurate statement of the
weight or measurement of each
component, using the same weight
system (metric, avoirdupois, or
apothecary) for each component.
Reasonable variations are permitted in
the amount of component necessary if
they are specified in the master
production and control records;
(6) A statement of acceptance criteria
on radiochemical yield, i.e., the
minimum percentage of yield beyond
which investigation and corrective
action are required;
(7) Complete production and control
instructions, sampling and testing
procedures, specifications, special
notations, and precautions to be
followed; and
(8) A description of the PET drug
product containers, closures, and
packaging materials, including a
specimen or copy of each label and all
other labeling.
(c) Batch production and control
records. Each time a batch of a PET drug
product is produced, a unique batch
production and control record must be
created. The batch production record
must include the following information:
(1) Name and strength of the PET drug
product;
(2) Identification number or other
unique identifier of the specific batch
that was produced;
(3) The name and radioactivity or
other measure of each active
pharmaceutical ingredient and each
inactive ingredient per batch or per unit
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
of radioactivity or other measurement of
the drug product;
(4) Each major production step
(obtained from the approved
appropriate master production and
control record);
(5) Weights (or other measure of
quantity) and identification codes of
components;
(6) Dates and time of production
steps;
(7) Identification of major pieces of
equipment used in production of the
batch;
(8) Testing results;
(9) Labeling;
(10) Initials or signatures of persons
performing or checking each significant
step in the operation; and
(11) Results of any investigations
conducted.
(d) Area and equipment checks. The
production area and all equipment in
the production area must be checked to
ensure cleanliness and suitability
immediately before use. A record of
these checks must be kept.
(e) In-process materials controls.
Process controls must include control of
in-process materials to ensure that the
materials are controlled until required
tests or other verification activities have
been completed or necessary approvals
are received and documented.
(f) Process verification. (1) For a PET
drug product for which each entire
batch undergoes full finished-product
testing to ensure that the product meets
all specifications, process verification,
as described in paragraph (f)(2) of this
section, is not required.
(2) When the results of the production
of an entire batch of a PET drug product
are not fully verified through finishedproduct testing or when only the initial
sub-batch in a series is tested, the PET
drug producer must demonstrate that
the process for producing the PET drug
product is reproducible and is capable
of producing a drug product that meets
the predetermined acceptance criteria.
Process verification activities and
results must be documented.
Documentation must include the date
and signature of the individual(s)
performing the verification, the
monitoring and control methods and
data, and the major equipment
qualified.
Subpart G—Laboratory Controls
§ 212.60 What requirements apply to the
laboratories where I test components, inprocess materials, and finished PET drug
products?
(a) Testing procedures. Each
laboratory used to conduct testing of
components, in-process materials, and
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
finished PET drug products must have
and follow written procedures for the
conduct of each test and for the
documentation of the results.
(b) Specifications and standards. Each
laboratory must have sampling and
testing procedures designed to ensure
that components, in-process materials,
and PET drug products conform to
appropriate standards, including
established standards of identity,
strength, quality, and purity.
(c) Analytical methods. Laboratory
analytical methods must be suitable for
their intended use and must be
sufficiently sensitive, specific, accurate,
and reproducible.
(d) Materials. The identity, purity,
and quality of reagents, solutions, and
supplies used in testing procedures
must be adequately controlled. All
solutions that you prepare must be
properly labeled to show their identity
and expiration date.
(e) Equipment. All equipment used to
perform the testing must be suitable for
its intended purposes and capable of
producing valid results.
(f) Equipment maintenance. Each
laboratory must have and follow written
procedures to ensure that equipment is
routinely calibrated, inspected, checked,
and maintained, and that these activities
are documented.
(g) Test records. Each laboratory
performing tests related to the
production of a PET drug product must
keep complete records of all tests
performed to ensure compliance with
established specifications and
standards, including examinations and
assays, as follows:
(1) A description of the sample
received for testing, including its
source, the quantity, the batch or lot
number, the date (and time, if
appropriate) the sample was taken, and
the date (and time, if appropriate) the
sample was received for testing.
(2) A description of each method used
in the testing of the sample, a record of
all calculations performed in connection
with each test, and a statement of the
weight or measurement of the sample
used for each test.
(3) A complete record of all data
obtained in the course of each test,
including the date and time the test was
conducted, all graphs, charts, and
spectra from laboratory instrumentation,
properly identified to show the specific
component, in-process material, or drug
product for each lot tested.
(4) A statement of the results of tests
and how the results compare with
established acceptance criteria.
(5) The initials or signature of the
person performing the test and the date
on which the test was performed.
E:\FR\FM\20SEP1.SGM
20SEP1
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
§ 212.61 What must I do to ensure the
stability of my PET drug products through
expiry?
(a) Stability testing program. You
must establish, follow, and maintain a
written testing program to assess the
stability characteristics of your PET
drug products. The test methods must
be reliable, meaningful, and specific.
The samples tested for stability must be
representative of the lot or batch from
which they were obtained and must be
stored under suitable conditions.
(b) Storage conditions and expiration
dates. The results of such stability
testing must be documented and used in
determining appropriate storage
conditions and expiration dates and
times for each PET drug product you
produce.
Subpart H—Finished Drug Product
Controls and Acceptance Criteria
§ 212.70 What controls and acceptance
criteria must I have for my finished PET
drug products?
(a) Specifications. You must establish
specifications for each batch of a PET
drug product, including criteria for
determining identity, strength, quality,
purity, and, if appropriate, sterility and
pyrogenicity.
(b) Test procedures. Before you
implement a new test procedure in a
specification, you must establish and
document the accuracy, sensitivity,
specificity, and reproducibility of the
procedure. If you use an established
compendial test procedure in a
specification, you must first verify and
document that the test works under the
conditions of actual use.
(c) Conformance to specifications.
Before final release, you must conduct
laboratory testing of a representative
sample of each batch of a PET drug
product to ensure that the product
conforms to specifications, except for
sterility. For a PET drug product
produced in sub-batches, at least each
initial sub-batch that is representative of
the entire batch must conform to
specifications, except for sterility, before
final release.
(d) Final release procedures. You
must establish and follow procedures to
ensure that a PET drug product is not
given final release until the following is
done:
(1) Appropriate laboratory testing
under paragraph (a) of this section is
completed;
(2) Associated laboratory data and
documentation are reviewed and they
demonstrate that the PET drug product
meets specifications, except for sterility;
and
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
(3) A designated qualified individual
authorizes final release by dated
signature.
(e) Sterility testing. Sterility testing
need not be completed before final
release but must be started within 30
hours after completion of production.
The 30-hour requirement may be
exceeded due to a weekend or holiday.
If the sample for sterility testing is held
longer than indicated, you must
demonstrate that the longer period does
not adversely affect the sample and the
test results obtained will be equivalent
to test results that would have been
obtained if the test had been started
within the 30-hour time period. Product
samples must be tested individually and
must not be pooled. If the product fails
the sterility test, all receiving facilities
must be notified of the results
immediately. The notification must
include any appropriate
recommendations. The notification
must be documented.
(f) Conditional final release. (1) If you
cannot complete one of the required
finished product tests for a PET drug
product because of a breakdown of
analytical equipment, you may approve
the conditional final release of the
product if you meet the following
conditions:
(i) You have data documenting that
preceding consecutive batches,
produced using the same methods used
for the conditionally released batch,
demonstrate that the conditionally
released batch will likely meet the
established specifications;
(ii) You determine that all other
acceptance criteria are met;
(iii) You immediately notify the
receiving facility of the incomplete
testing;
(iv) You retain a reserve sample of the
conditionally released batch of drug
product;
(v) You complete the omitted test
using the reserve sample after the
analytical equipment is repaired and
you document that reasonable efforts
have been made to ensure that the
problem does not recur;
(vi) If you obtain an out-ofspecification result when testing the
reserve sample, you immediately notify
the receiving facility; and
(vii) You document all actions
regarding the conditional final release of
the drug product, including the
justification for the release, all followup
actions, results of completed testing, all
notifications, and corrective actions to
ensure that the equipment breakdown
does not recur.
(2) Even if the criteria in paragraph
(f)(1) of this section are met, you may
not approve the conditional final release
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
55061
of the product if the breakdown in
analytical equipment prevents the
performance of a radiochemical
identity/purity test.
§ 212.71 What actions must I take if a
batch of PET drug product does not
conform to specifications?
(a) Rejection of a nonconforming
product. You must reject a batch of a
PET drug product that does not conform
to specifications. You must have and
follow procedures to identify and
segregate the product to avoid mixups.
You must have and follow procedures to
investigate the cause(s) of the
nonconforming product. The
investigation must include, but is not
limited to, examination of processes,
operations, records, complaints, and any
other relevant sources of information
concerning the nonconforming product.
(b) Investigation. You must document
the investigation of a PET drug product
that does not meet specifications,
including the results of the investigation
and what happened to the rejected PET
drug product.
(c) Correction of problems. You must
take action to correct any identified
problems to prevent recurrence of a
nonconforming product or other quality
problem.
(d) Reprocessing. If appropriate, you
may reprocess a batch of a PET drug
product that does not conform to
specifications. If material that does not
meet acceptance criteria is reprocessed,
you must follow preestablished
procedures (set forth in production and
process controls) and the finished
product must conform to specifications,
except for sterility, before final release.
Subpart I—Packaging and Labeling
§ 212.80 What are the requirements
associated with labeling and packaging PET
drug products?
(a) A PET drug product must be
suitably labeled and packaged to protect
the product from alteration,
contamination, and damage during the
established conditions of shipping,
distribution, handling, and use.
(b) Labels must be legible and applied
so as to remain legible and affixed
during the established conditions of
processing, storage, handling,
distribution, and use.
(c) All information stated on each
label must also be contained in each
batch production record.
(d) Labeling and packaging operations
must be controlled to prevent labeling
and product mixups.
E:\FR\FM\20SEP1.SGM
20SEP1
55062
Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules
Subpart J—Distribution
§ 212.90 What actions must I take to
control the distribution of PET drug
products?
(a) Written distribution procedures.
You must establish, maintain, and
follow written procedures for the
control of distribution of PET drug
products shipped from the PET
production facility to ensure that the
method of shipping chosen will not
adversely affect the identity, purity, or
quality of the PET drug product.
(b) Distribution records. You must
maintain distribution records for each
PET drug product that include or refer
to the following:
(1) The name, address, and telephone
number of the receiving facility that
received each batch of a PET drug
product;
(2) The name and quantity of the PET
drug product shipped;
(3) The lot number, control number,
or batch number for the PET drug
product shipped; and
(4) The date and time you shipped the
PET drug product.
facility or another location that is
reasonably accessible to responsible
officials of the production facility and to
employees of FDA designated to
perform inspections.
(b) Record quality. All records,
including those not stored at the
inspected establishment, must be
legible, stored to prevent deterioration
or loss, and readily available for review
and copying by FDA employees.
(c) Record retention period. You must
maintain all records and documentation
referenced in other parts of this
regulation for a period of at least 1 year
from the date of final release, including
conditional final release, of a PET drug
product.
Dated: September 1, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–18510 Filed 9–15–05; 8:45 am]
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
Subpart K—Complaint Handling
40 CFR Part 52
§ 212.100 What do I do if I receive a
complaint about a PET drug product
produced at my facility?
[R05–OAR–2005–WI–0003; FRL–7970–7]
(a) Written complaint procedures. You
must develop and follow written
procedures for the receipt and handling
of all complaints concerning a PET drug
product.
(b) Complaint review. The procedures
must include review by a designated
person of any complaint involving the
possible failure of a PET drug product
to meet any of its specifications and an
investigation to determine the cause of
the failure.
(c) Complaint records. A written
record of each complaint must be
maintained in a file designated for PET
drug product complaints. The record
must include the name and strength of
the PET drug product, the batch
number, the name of the complainant,
the date the complaint was received, the
nature of the complaint, and the
response to the complaint. It must also
include the findings of any investigation
and followup.
(d) Returned products. A PET drug
product that is returned because of a
complaint may not be reprocessed and
must be destroyed in accordance with
applicable Federal and State law.
Subpart L—Records
§ 212.110 How must I maintain records of
my production of PET drug products?
(a) Record availability. Records must
be maintained at the PET production
VerDate Aug<31>2005
15:23 Sep 19, 2005
Jkt 205001
Approval and Promulgation of
Implementation Plans; Wisconsin;
General and Registration Permit
Programs
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Wisconsin State
Implementation Plan (SIP) submitted by
the State of Wisconsin on July 28, 2005.
These revisions include General and
Registration permit programs that
provide for the issuance of general and
registration permits as part of the State’s
construction permit and operation
permit programs. In addition, these
permit programs may include the
regulation of hazardous air pollutants
(HAPs) which may be regulated under
section 112 of the Clean Air Act (the
Act). Thus, EPA is also proposing
approval of Wisconsin’s general and
registration permit program under
section 112(l) of the Act.
These SIP revisions also contain
changes to definitions related to
Wisconsin’s air permit program, as well
as a minor technical change to provide
correct references to the recently
updated chapter NR 445, which was
inadvertently omitted in the processing
of that rule package. Additionally, these
revisions clarify an existing
construction permit exemption and
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
operation permit exemption for certain
grain storage and drying operations.
This clarification is necessary to ensure
that column dryers and rack dryers are
included in the exemption criteria.
DATES: Written comments must be
received on or before October 20, 2005.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2005–
WI–0003, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comments
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
E-mail: blakley.pamela@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to: Pamela Blakley, Chief, Air
Permit Section, (AR–18J), U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Hand Delivery or Courier: Deliver
your comments to: Pamela Blakley,
Chief, Air Permit Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
RME ID No. R05–OAR–2005–WI–0003.
EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME website and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
E:\FR\FM\20SEP1.SGM
20SEP1
Agencies
[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Proposed Rules]
[Pages 55038-55062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18510]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 210, 211, and 212
[Docket No. 2004N-0439]
Current Good Manufacturing Practice for Positron Emission
Tomography Drugs
AGENCY: Food and Drug Administration, HHS.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is issuing proposed
regulations on current good manufacturing practice (CGMP) for positron
emission tomography (PET) drug products. The regulations are intended
to ensure that PET drug products meet the requirements of the Federal
Food, Drug, and Cosmetic Act (the act) regarding safety, identity,
strength, quality, and purity. We are proposing to establish CGMP
requirements for approved PET drug products. For investigational and
research PET drugs, the proposed rule states that the requirement to
follow CGMP may be met by producing PET drugs in accordance with the
United States Pharmacopeia (USP) general chapter on compounding PET
radiopharmaceuticals. We are proposing to establish these CGMP
requirements for all PET drugs under the provisions of the Food and
Drug Administration Modernization Act of 1997 (the Modernization Act).
Elsewhere in this issue of the Federal Register, FDA is announcing the
availability of the draft guidance entitled ``PET Drug Products--
Current Good Manufacturing Practice (CGMP).''
DATES: Submit written or electronic comments by December 19, 2005.
Submit written comments on the information collection requirements by
October 20, 2005. See section VII of this document for the proposed
effective date of a final rule based on this document.
ADDRESSES: You may submit comments, identified by Docket No. 2004N-
0439, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following ways:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web site: https://www.fda.gov/dockets/ecomments.
Follow the instructions for submitting comments on the agency Web site.
Written Submissions
Submit written submissions in the following ways:
FAX: 301-827-6870.
Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions]: Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
To ensure more timely processing of comments, FDA is no longer
accepting comments submitted to the agency by e-mail. FDA encourages
you to continue to submit electronic comments by using the Federal
eRulemaking Portal or the agency Web site, as described in the
Electronic Submissions portion of this paragraph.
Instructions: All submissions received must include the agency name
and Docket No(s). or Regulatory Information Number (RIN) for this
rulemaking. All comments received may be posted without change to
https://www.fda.gov/ohrms/dockets/default.htm, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the
``Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.fda.gov/ohrms/dockets/default.htm
and insert the docket number(s), found in brackets in the heading of
this document, into the ``Search'' box and follow the prompts and/or go
to the Division of Dockets Management, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Brenda Uratani, Center for Drug
Evaluation and Research (HFD-320), Food and Drug Administration, 11919
Rockville Pike, Rockville, MD 20852, 301-827-8941.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Background
B. The Modernization Act and PET Drugs
C. The Nature of PET Drug Production and Our Proposed Regulations
II. Description of the Proposed Rule
A. Exclusion of PET Drug Products From CGMP Regulations in Parts
210 and 211
B. Definitions
C. Describing CGMP Requirements for PET Drugs
D. Applicability of CGMP Regulations
E. Adequate Personnel and Resources
F. Quality Assurance
G. Facilities and Equipment
H. Control of Components, Containers, and Closures
I. Production and Process Controls
J. Laboratory Testing Requirements
K. Stability
L. Controls and Acceptance Criteria for Finished Products
M. Actions To Be Taken if Product Does Not Conform to
Specifications
N. Labeling and Packaging
O. Distribution Controls
P. Complaint Handling
Q. Records
III. Analysis of Economic Impacts
A. Regulatory Benefits
B. Regulatory Costs
C. Compliance Requirements
1. Costs to Establish SOPs
2. Equipment Costs
3. Process Verification Costs
[[Page 55039]]
4. Total Costs
D. Growth of the PET Industry
E. Regulatory Flexibility Analysis
1. Objective of the Rule
2. Definition of Small Entities
3. Impact on Small Entities
4. Other Federal Rules
5. Description of Alternatives
IV. Environmental Impact
V. The Paperwork Reduction Act of 1995
A. Investigational and Research PET Drugs
B. Batch Production and Control Records
C. Equipment and Facilities Records
D. Records of Components, Containers, and Closures
E. Process Verification
F. Laboratory Testing Records
G. Sterility Test Failure Notices
H. Conditional Final Releases
I. Out-of-Specification Investigations
J. Reprocessing Procedures
K. Distribution Records
L. Complaints
VI. Federalism
VII. Proposed Effective Date
VIII. Request for Comments
I. Introduction
A. Background
Positron emission tomography is a medical imaging modality
involving the use of a unique type of radiopharmaceutical drug product.
The majority of PET drug products are injected intravenously into
patients for diagnostic purposes. Most PET drugs are produced using
cyclotrons and other production equipment at locations that are close
to the patients to whom the drugs are administered (e.g., in hospitals
or academic institutions). Due to their short half-lives, PET drugs
usually are administered to patients within a few minutes or hours of
production.
Under section 501(a)(2)(B) of the act (21 U.S.C. 351(a)(2)(B)), a
drug is adulterated if the methods used in, or the facilities or
controls used for, its manufacture, processing, packing, or holding do
not conform to or are not operated or administered in conformity with
CGMP to ensure that the drug meets the requirements of the act as to
safety and has the identity and strength, and meets the quality and
purity characteristics, that it purports or is represented to possess.
Our CGMP requirements for non-PET drug products are set forth in parts
210 and 211 (21 CFR parts 210 and 211).
B. The Modernization Act and PET Drugs
On November 21, 1997, the President signed the Modernization Act
(Public Law 105-115) into law. Section 121 of the Modernization Act
contains several provisions affecting the regulation of PET drugs.
Section 121(d) directed us to terminate the application of the
following three Federal Register documents:
A notice entitled ``Regulation of Positron Emission
Tomography Radiopharmaceutical Drug Products; Guidance; Public
Workshop'' (60 FR 10594, February 27, 1995). This notice stated that
traditional CGMP requirements in parts 210 and 211 were applicable to
PET drugs.
A notice that announced the availability of a draft
guideline on the production of PET drugs (60 FR 10593, February 27,
1995).
A final rule authorizing us to approve exceptions or
alternatives to the application of CGMP requirements to the production
of PET drugs (62 FR 19493, April 22, 1997).
We terminated the application of these three documents in a notice
(62 FR 66636) and final rule (62 FR 66522) published in the December
19, 1997, issue of the Federal Register.
Section 121(c)(1)(A) of the Modernization Act directs us to
establish appropriate approval procedures and CGMP requirements for PET
drugs. Section 121(c)(2) of the Modernization Act provides that FDA
cannot require the submission of a new drug application (NDA) or
abbreviated new drug application (ANDA) for a PET drug product until 2
years after the day we publish a final rule establishing CGMP
requirements for PET drug products.
Section 121(c)(1)(B) of the Modernization Act states that, in
adopting CGMP and approval requirements, we must take due account of
any relevant differences between not-for-profit institutions that
compound PET drugs for their patients and commercial manufacturers of
such drugs. We discuss the nature of PET drug production in section I.C
of this document.
Section 121(c)(1)(B) of the Modernization Act also directs us, as
we develop PET drug CGMP requirements and approval procedures, to
consult with patient advocacy groups, professional associations,
manufacturers, and physicians and scientists who make or use PET drugs.
We have taken the following steps in developing the PET drug CGMP
regulations:
We presented our initial tentative approach to PET drug
CGMP requirements and responded to numerous questions and comments
about that approach at a public meeting on February 19, 1999.
In accordance with Sec. Sec. 10.40(f)(4) and 10.80(b)(2)
(21 CFR 10.40(f)(4) and 10.80(b)(2), we announced the availability of
preliminary draft regulations on PET drug CGMP requirements in the
September 22, 1999, issue of the Federal Register (64 FR 51274).
We held a public meeting to discuss the preliminary draft
regulations on September 28, 1999.
After considering the comments on the preliminary draft
regulations, in accordance with Sec. Sec. 10.40(f)(4) and 10.80(b)(2),
we announced the availability of a preliminary draft proposed rule on
PET drug CGMP requirements in the April 1, 2002, issue of the Federal
Register (67 FR 15344).
We also announced the availability of a draft guidance on
``PET Drug Products--Current Good Manufacturing Practice for Positron
Emission Tomography'' on April 1, 2002 (67 FR 15404).
We held a public meeting to discuss the preliminary draft
proposed rule and draft guidance on April 21, 2002.
After considering the comments on the preliminary draft
proposed rule, we are now issuing this proposed rule on PET drug CGMP
requirements. Elsewhere in this issue of the Federal Register, we are
making available for comment a revised draft guidance on CGMP for PET
drug products.
C. The Nature of PET Drug Production and Our Proposed Regulations
As directed by Congress in the Modernization Act, to aid our
development of these proposed regulations, we closely examined the
operations of many PET drug producers, including not-for-profit
institutions and commercial manufacturers. Since the Modernization Act
became law, PET drug production in the United States has significantly
changed. The number of PET production facilities has increased, as has
the number of facilities where PET scans are performed. The business of
PET drug production has changed as well. Historically, PET drug
products were produced by academicians and researchers at facilities
located in universities and similar not-for-profit institutions. These
academically oriented PET production facilities usually produce small
amounts (a few doses per day) of a few PET drug products for onsite
patient use and a larger variety of PET drug products for clinical
investigation and academic research.
An increasing number of PET production facilities are now operated
[[Page 55040]]
by large, for-profit corporate entities that contract with academic and
medical institutions (many of which have not-for-profit status) to
manage the production of PET drugs at those institutions. Most of these
PET drug products are administered onsite, although there is some
distribution to other local or regional hospitals.
In addition, there are a growing number of independent PET
production facilities that are not affiliated with any university or
hospital. Typically these are for-profit, independently operated
facilities, although they are often contractually managed. These
facilities generally focus on producing one or two PET drug products
and distribute them to significantly greater numbers of patients,
sometimes hundreds of miles from the production site.
Our review of PET drug production leads us to the following
conclusions:
A PET drug producer's status as either a not-for-profit or
for-profit entity does not have a significant bearing on the quality of
PET drugs that it produces and distributes for administration to
patients, or the methods, facilities, and controls that a PET
production facility needs to ensure product quality.
Production and CGMP differences among PET drug producers
are primarily a function of the size, scope, and complexity of their
production operations.
Certain production standards and controls are necessary to
ensure the production of quality PET drugs regardless of differences in
the nature and scope of production among facilities.
While this proposed rule and the draft guidance primarily reflect
our familiarity with the current approved PET drugs (fludeoxyglucose
(FDG) F 18 injection and ammonia N 13 injection), we intend both the
proposed rule and the draft guidance to apply to future PET drug
products. We also recognize that the development of new PET drug
products may require us to amend regulations or guidance to accommodate
the new products.
This proposed rule on CGMP requirements contains the minimum
standards needed for PET drug production at all types of PET production
facilities. We have designed the CGMP regulations to be sufficiently
flexible to accommodate not-for-profit, academically oriented
institutions as well as larger commercial producers.
In consideration of the unique nature of PET drugs and PET drug
production, the proposed CGMP requirements for PET drug products differ
in many significant ways from the CGMP requirements for non-PET drug
products found in our regulations in part 211. The proposed PET CGMP
requirements include the following differences:
Fewer required personnel with fewer organizational
restrictions consistent with the scope and complexity of operations;
Allowance for multiple operations (or storage) in the same
area as long as organization and other controls are adequate;
Streamlined requirements for aseptic processing consistent
with the nature of the production process;
Streamlined quality control requirements for components;
Self-verification of significant steps in PET drug
production consistent with the scope and complexity of operations;
Same-person oversight of production, review of batch
records, and authorization of product release consistent with the scope
and complexity of operations;
Specialized quality control requirements for PET drugs
produced in multiple sub-batches; and
Simplified labeling requirements consistent with the scope
and complexity of operations.
These and other proposed PET CGMP provisions, designed to reflect
the unique characteristics of PET drug production, should make it
easier for PET production facilities to achieve compliance with CGMP
requirements.
This proposed rule incorporates principles from Chapter <823>,
``Radiopharmaceuticals for Positron Emission Tomography--Compounding,''
of the 28th edition of the USP (2005) (USP 28). The USP contains
standards that are of significant regulatory importance for PET drugs.
Under section 501(a)(2)(C) of the act, a compounded PET drug is
adulterated unless it is produced in compliance with the USP's PET drug
compounding standards and the official monograph for the particular PET
drug. Section 121(b) of the Modernization Act added this provision as a
safety net while we develop this rule. Under section 121(b) of the
Modernization Act, however, section 501(a)(2)(C) of the act will expire
2 years after the date on which we establish final approval procedures
and CGMP requirements for PET drugs. At that time, compliance with the
final version of this rule will be required. The USP 28 general chapter
on PET drug compounding largely reflects the consensus views of the PET
community and FDA on how to properly produce PET drug products.
Consequently, we believe it is appropriate to incorporate many of the
principles and concepts in the USP general chapter into these proposed
CGMP requirements.
Moreover, as discussed in section II.D of this document, we believe
that it is appropriate to designate the provisions of USP 28, Chapter
<823> as the CGMP requirements for investigational PET drugs produced
under an investigational new drug application (IND) and research PET
drugs produced with the approval of a Radioactive Drug Research
Committee (RDRC) under Sec. 361.1 (21 CFR 361.1). Thus, under the
proposed rule, investigational and research PET drugs produced in
accordance with Chapter <823> would be deemed to meet CGMP
requirements; they would not have to meet the more specific
requirements in proposed part 212. Because most PET drugs currently are
produced under an IND or RDRC review, adopting USP 28, Chapter <823> as
the standard for CGMP for investigational PET drugs should make it
easier for PET drug producers to comply with the proposed CGMP
requirements.
To further assist PET production facilities in complying with the
requirements in the rule, we have revised the draft guidance document
entitled ``PET Drug Products--Current Good Manufacturing Practice
(CGMP).'' For many aspects of CGMP (such as resources, controls, and
documentation), the draft guidance makes different recommendations
depending on the size, scope, and complexity of a PET production
facility's operations. The draft guidance provides practical examples
of methods and procedures that different types of PET production
facilities might use to comply with the CGMP requirements.
II. Description of the Proposed Rule
We are proposing to establish CGMP regulations for PET drug
products by creating 21 CFR part 212. These regulations are intended to
ensure that every PET drug product meets the requirements of the act as
to safety and has the identity and strength, and meets the quality and
purity characteristics, that it is represented to possess.
We describe our proposed CGMP regulations for PET drug production
in the following sections of this document. The format of the proposed
regulations, including the use of questions in section headings, is in
accordance with the Presidential Memorandum of June 1, 1998, promoting
the use of plain language in regulatory writing.
A. Exclusion of PET Drug Products From CGMP Regulations in Parts 210
and 211
We propose revising certain sections of parts 210 (CGMP for the
manufacturing, processing, packing, or
[[Page 55041]]
holding of drugs) and 211 (CGMP for finished pharmaceuticals) to make
clear that the regulations in those parts do not apply to PET drug
products. The revisions are in Sec. 210.1 (status of CGMP
regulations), Sec. 210.2 (applicability of CGMP regulations), and
Sec. 210.3 (definitions). We propose revising the text of each of
these sections so that the provisions will only apply to parts 210,
211, 225, and 226, rather than part 210 and parts 211 through 226. The
revisions would exclude part 212, which will address PET drug products,
from the scope of Sec. Sec. 210.1, 210.2, and 210.3. Similarly, we
propose to revise Sec. 211.1(a) (scope of CGMP for finished
pharmaceuticals) to clarify that the regulations in part 211 do not
apply to PET drug products.
B. Definitions
Proposed Sec. 212.1 sets forth the meaning of several terms used
in the PET drug CGMP regulations. Most of the definitions are self-
explanatory and well understood by PET producers and the pharmaceutical
industry. We will discuss here a few of the definitions for which added
comment may help the reader better understand the provision.
Acceptance criteria. We propose to define ``acceptance
criteria'' as numerical limits, ranges, or other criteria for tests
that are used for or in making a decision to accept or reject a unit,
lot, or batch of a PET drug product. This varies slightly from the
definition in part 210, which states that acceptance criteria are the
``product specifications and acceptance/rejection criteria, such as
acceptable quality level and unacceptable quality level, with an
associated sampling plan, that are necessary for making a decision to
accept or reject a lot or batch (or any other convenient subgroups of
manufactured units).'' The proposed definition, which does not refer to
sampling plans, is more appropriate for PET drug production.
Specifications. We propose a separate definition of
``specifications'' to mean the tests, analytical procedures, and
appropriate acceptance criteria to which a PET drug, PET drug product,
component, container closure system, in-process material, or other
material used in PET drug production must conform to be considered
acceptable for its intended use. Conformance to specifications would
mean that a PET drug, PET drug product, component, container closure
system, in-process material, or other material used in PET drug
production, when tested according to the described analytical
procedures, meets the listed acceptance criteria.
The definitions for acceptance criteria and specifications are
intended to be consistent with guidance in ``Q6A Specifications: Test
Procedures and Acceptance Criteria for New Drug Substances and New Drug
Products,'' prepared under the auspices of the International Conference
on Harmonisation for Registration of Pharmaceuticals for Human Use
(ICH). ICH works to promote the harmonization of technical requirements
(including definitions, procedures, formats, and standards) for
approval of pharmaceutical products among the European Union, Japan,
and the United States.
Active pharmaceutical ingredient. We propose to define
``active pharmaceutical ingredient'' (API) for purposes of part 212 as
a substance (excluding intermediates used in the synthesis of such
substance) that is intended for incorporation into a finished PET drug
product and is intended to furnish pharmacological activity or other
direct effect in the diagnosis or monitoring of a disease or a
manifestation of a disease in humans. For example, in the case of FDG F
18 injection drug product, 2-deoxy-2-[18F]fluoro-D-glucose is
considered the API. In a commonly used production method for FDG F 18
injection, 1,3,4,6-tetra-O-acetyl-2-O-trifluoromethane sulfonyl-[beta]-
D-mannopyranose (mannose triflate) and O 18 water are considered
components that yield the API but are not part of the API.
PET drug. We propose to define ``PET drug'' as a
radioactive drug that exhibits spontaneous disintegration of unstable
nuclei by the emission of positrons and is used for providing dual
photon positron emission tomographic diagnostic images. The definition
of PET drug includes any nonradioactive reagent, reagent kit,
ingredient, nuclide generator, accelerator, target material, electronic
synthesizer, or other apparatus or computer program to be used in the
preparation of a PET drug. This definition closely parallels the
statutory definition.
PET drug product. We propose to define ``PET drug
product'' as a finished dosage form that contains a PET drug, whether
or not in association with one or more other ingredients. In other
words, a PET drug product is the finished dosage form of a PET drug,
with or without an excipient such as a diluent.
Receiving facility. We propose to define ``receiving
facility'' as any hospital, institution, nuclear pharmacy, imaging
facility, or other entity or part of an entity that accepts a PET drug
product that has been given final release. A receiving facility may be
in the same area as or adjacent to the production area, in a different
area but located in the same building as the production area, or at a
site that is completely separate from the production area.
Material release and final release. We propose to define
``material release'' as the authoritative decision by a responsible
person in a PET production facility to permit the use of a component,
container and closure, in-process material, packaging material, or
labeling in the production of a PET drug product. ``Final release,'' in
contrast, is defined as the authoritative decision by a responsible
person in a PET production facility to permit the use of a batch of a
PET drug product in humans.
Strength. We propose to define ``strength'' as the
concentration of the API (radioactivity amount per volume or weight at
the time of calibration). This proposed definition varies from the
definition of ``strength'' in part 210 in that it specifies a
radioactivity to volume (or weight) ratio rather than a weight/weight,
weight/volume, or unit dose/volume ratio. The definition of strength
for proposed part 212 reflects that PET drug products have radioactive
APIs (quantified in units of radioactivity) and generally are produced
in a solution or gas dosage form.
C. Describing CGMP Requirements for PET Drugs
Proposed Sec. 212.2 answers the question ``What is current good
manufacturing practice for PET drugs?'' Proposed Sec. 212.2 states
that CGMP for PET drug products is the minimum requirements for the
methods to be used in, and the facilities and controls used for, the
production, quality control, holding, or distribution of PET drug
products intended for human use. CGMP is intended to ensure that each
PET drug product meets the requirements of the act as to safety and has
the identity and strength, and meets the quality and purity
characteristics, that it is supposed to have.
D. Applicability of CGMP Regulations
Proposed Sec. 212.5 answers the question ``To what drugs do the
regulations in this part apply?'' Proposed Sec. 212.5(a) states that:
Part 212 applies only to the production, quality control,
holding, and distribution of PET drug products.
Any human drug product that does not meet the definition
of a PET drug product must be manufactured in accordance with the CGMP
[[Page 55042]]
requirements in parts 210 and 211 of this chapter.
Part 212 contains CGMP requirements for all PET drug
products for human use, but proposed Sec. 212.5(b) specifies different
CGMP requirements for investigational and research PET drugs.
We believe that it is appropriate to have less detailed CGMP
requirements for investigational and research PET drugs to allow for
more flexibility in the production of these drugs. We also recognize
that many investigational PET drugs may not have commercial potential.
Therefore, proposed Sec. 212.5(b) states that the regulations in part
212 do not apply to investigational PET drugs for human use produced
under an IND in accordance with part 312 and research PET drugs
produced with the approval of an RDRC in accordance with Sec. 361.1.
Instead, proposed Sec. 212.5(b) states that, for investigational and
research PET drugs, the requirement under the act to follow CGMP is met
by producing drugs in accordance with USP 28 Chapter <823>, which is
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Chapter <823> sets forth requirements on several aspects of
PET drug production, including control of components, materials, and
supplies, verification of procedures, stability testing and expiration
dating, quality control, and sterilization and sterility assurance.
Because most PET drug producers are very familiar with the requirements
in USP 28 Chapter <823>, adopting the Chapter <823> provisions as the
CGMP requirements for investigational and research PET drugs should
greatly facilitate producers' compliance with those requirements.
Although the provisions in USP 28 Chapter <823>, including those on
documentation, are generally less specific and explicit than the
requirements in proposed part 212, we believe that they are adequate to
ensure that investigational and research PET drugs are produced safely
under appropriate conditions, consistent with section 501(a)(2)(B) of
the act. We are interested in any comments that suggest appropriate
standards, other than USP 28 Chapter <823>, for PET drugs and drug
products produced under an IND or with the approval of an RDRC.
Although we propose that USP 28 Chapter <823>, rather than part
212, would constitute the minimum CGMP requirements for investigational
and research PET drugs, FDA retains the authority under section 704 of
the act (21 U.S.C. 374) to inspect facilities where investigational or
research PET drugs are produced to verify compliance with USP 28
Chapter <823>. However, as with inspection of investigational studies
of non-PET drugs, we generally would conduct inspections of facilities
that produce investigational or research PET drugs only on a for-cause
basis. An example of a situation that could lead to a for-cause
inspection would be when we become aware of a potential safety concern
related to the production of an investigational or research PET drug.
E. Adequate Personnel and Resources
Proposed Sec. 212.10 answers the question ``What personnel and
resources must I have?'' The proposal would require:
A sufficient number of personnel with the necessary
education, background, training, and experience to enable those
personnel to perform their assigned functions, and
Adequate resources, including facilities and equipment, to
enable personnel to perform their functions.
What constitutes ``adequate'' personnel and resources will depend
in part on the size and complexity of the PET drug producer's
operations. A PET production facility having a simple operation that
produces only one or two doses each day (or week) of a single PET drug
would need fewer personnel and other resources than a facility having a
more complex operation that produces multiple PET drug products or a
facility producing larger amounts of a PET drug product.
F. Quality Assurance
Proposed Sec. 212.20 answers the question ``What activities must I
perform to ensure product quality?'' Under proposed Sec. 212.20, PET
drug product producers would be required to:
Oversee production operations to ensure that each PET drug
product meets the requirements of the act as to safety and has the
identity and strength, and meets the quality and purity
characteristics, that it is supposed to have (proposed Sec.
212.20(a)). Each PET drug producer will determine what personnel should
perform the quality assurance function; at some PET production
facilities, it may be reasonable for the same personnel to be involved
in both production and quality assurance.
Examine and approve or reject components, containers,
closures, in-process materials, packaging materials, labeling, and
finished dosage forms to ensure compliance with procedures and
specifications affecting the identity, strength, quality, or purity of
a PET drug product (proposed Sec. 212.20(b)).
Approve or reject, before implementation, any initial
specifications, methods, processes, or procedures, and any proposed
changes to existing specifications, methods, processes, or procedures,
to ensure that they maintain the identity, strength, quality, and
purity of the PET drug product when they are implemented. PET drug
producers must demonstrate that any change does not adversely affect
the identity, strength, quality, or purity of any PET drug product
(proposed Sec. 212.20(c)).
Review production records to determine whether errors have
occurred. If errors have occurred or a production batch or any of its
components fails to meet any of its specifications, the producer must
determine the need for an investigation, conduct investigations when
necessary, and take appropriate corrective action (proposed Sec.
212.20(d)). Possible errors include miscalculating yield, omitting a
production step, or transcription mistakes.
Establish and follow written quality assurance procedures
to ensure that quality assurance responsibilities are known to all
personnel involved in PET drug product production (proposed Sec.
212.20(e)).
G. Facilities and Equipment
Proposed Sec. 212.30 answers the question ``What requirements must
my facilities and equipment meet?'' Under proposed Sec. 212.30, a PET
drug producer would be required to:
Provide adequate facilities to ensure the orderly handling
of materials and equipment, the prevention of mixups, and the
prevention of contamination of equipment or product by substances,
personnel, or environmental conditions that could reasonably be
expected to have an adverse effect on product quality (proposed Sec.
212.30(a)).
Implement procedures to ensure that all equipment that
could reasonably be expected to adversely affect the strength, quality,
or purity of a PET drug product (such as a laminar airflow workbench or
sterilizing filters) or give erroneous or invalid test results when
improperly used or maintained (such as high pressure liquid
chromatography (HPLC) devices) is clean, suitable for its intended
purposes, properly installed, maintained, and capable of repeatedly
producing valid results. PET production facilities must document their
activities in accordance with these procedures (proposed Sec.
212.30(b)).
Ensure that equipment is constructed and maintained so
that surfaces that contact components, in process materials, or PET
drug products are not reactive, additive, or absorptive
[[Page 55043]]
so as to alter the quality of PET drug products (proposed Sec.
212.30(c)).
H. Control of Components, Containers, and Closures
Proposed Sec. 212.40 answers the question ``How must I control the
components I use to produce PET drugs and the containers and closures I
package them in?'' Under proposed Sec. 212.40, PET drug producers
would be required to:
Establish, maintain, and follow written procedures
describing the receipt, login, identification, storage, handling,
testing, approval, and rejection of components and drug product
containers and closures. The procedures must be adequate to ensure that
the components, containers, and closures are suitable for their
intended use (proposed Sec. 212.40(a)).
Establish appropriate written specifications for the
identity, quality, and purity of components and for the identity and
quality of drug product containers and closures (proposed Sec.
212.40(b)).
Proposed Sec. 212.40(c) specifies that:
Upon receipt, each lot of components and containers and
closures must be uniquely identified and tested or examined to
determine whether it complies with the PET production facility's
specifications.
Any lot that does not meet its specifications, including
any expiration date if applicable, or that has not yet received its
material release, must not be used in PET drug production.
Any incoming lot must be appropriately designated as
either quarantined, accepted, or rejected.
PET drug producers must use a reliable supplier as a
source of each lot of each component, container, and closure.
We are proposing to establish different requirements for
examination and testing of components required under proposed Sec.
212.40(c) depending on whether a PET drug producer conducts finished-
product testing that includes testing to ensure that the correct
components have been used:
When the finished-product testing of a PET drug product
includes testing to ensure that the correct components have been used,
the PET drug producer need only determine that each lot of incoming
components complies with written specifications by examining a
certificate of analysis provided by the supplier (proposed Sec.
212.40(c)(1)(i)). We believe that the use of this type of finished-
product testing makes specific identity testing of components redundant
and unnecessary. For example, when identity of the F 18 radionuclide is
established as part of the finished-product testing and the method of
production used is well-documented and understood (e.g., as in the
\18\O (p,n) \18\F nuclear reaction), it can be reasonably argued that
the component that yields this radionuclide is likely to be O 18 water.
In this case, a specific identity test for O 18 water is not necessary
before the lot is used in production. Similarly, a specific identity
test before using a lot of mannose triflate may be redundant and
unnecessary when: (1) A well-understood method of synthesis of FDG F 18
is used, (2) a test to confirm the radiochemical identity is performed
in the finished drug product, and (3) the mannose triflate was obtained
from a reliable supplier with whom a relationship has been previously
established.
If the finished-product testing of a PET drug product does
not include testing to ensure that the correct components have been
used, the following provisions (proposed Sec. 212.40(c)(1)(ii)) would
apply:
--The PET drug producer would be required to conduct identity
testing, using a test that is specific to the component, on each lot of
a component that yields an active ingredient and each lot of an
inactive ingredient.
--For any other component, such as solvents or reagents, the PET
drug producer would determine that each lot complies with written
specifications by examining a certificate of analysis provided by the
supplier.
--If the PET drug producer prepares an inactive ingredient on site,
the producer would be required to perform an identity test on the
components used to make the inactive ingredient before those components
could be released for use.
However, if the PET drug producer uses as an inactive ingredient a
product that is marketed as a finished drug product intended for
intravenous administration, the producer would not need to perform a
specific identity test on that ingredient.
We are also proposing that PET drug producers would be required to
do the following:
Examine a representative sample of each lot of containers
and closures for conformity to its written specifications (proposed
Sec. 212.40(c)(2)).
Perform at least a visual identification of each lot of
containers and closures (proposed Sec. 212.40(c)(2)).
Handle and store components, containers, and closures in a
manner that prevents contamination, mixups, and deterioration and
ensures that these items are and remain suitable for their intended use
(proposed Sec. 212.40(d)).
Keep a record of each shipment of each lot of components,
containers, and closures they receive (proposed Sec. 212.40(e)),
including the following information:
--Identity and quantity of each shipment,
--Supplier's name and lot number,
--Date of receipt,
--Results of any testing performed,
--Disposition of rejected material, and
--Expiration date, where applicable. (Some components may not have
expiration dates.)
I. Production and Process Controls
Proposed Sec. 212.50 answers the question ``What production and
process controls must I have?'' Proposed Sec. 212.50 states that PET
drug producers must have adequate production and process controls to
ensure the consistent production of a PET drug product that meets the
applicable standards of identity, strength, quality, and purity.
Proposed Sec. 212.50 would require PET drug producers to have the
following controls:
Written production and process control procedures,
Master production and control records,
Batch and production control records,
Production area and equipment checks,
In-process materials controls, and
Depending on finished-product testing, process
verification.
The proposed written production and process control procedures
would ensure and document that all key process parameters are
controlled and that any deviations from the procedures are justified
(proposed Sec. 212.50(a)).
The proposed master production and control records would document
all steps in the PET drug product production and would include the
following information (proposed Sec. 212.50(b)):
The name and strength of the PET drug product;
If applicable, the name and radioactivity or other
measurement of each API and each inactive ingredient per batch or per
unit of radioactivity or other measurement of the drug product, and a
statement of the total radioactivity or other measurement of any dosage
unit;
A complete list of components designated by names and
codes sufficiently specific to indicate any special quality
characteristic;
Identification of all major pieces of equipment used in
production;
[[Page 55044]]
An accurate statement of the weight or measurement of each
component, using the same weight system (metric, avoirdupois, or
apothecary) for each component (with reasonable variations permitted in
the amount of component necessary if specified in the master production
and control records);
A statement of acceptance criteria on radiochemical yield,
i.e., the minimum percentage of yield beyond which investigation and
corrective action are required;
Complete production and control instructions, sampling and
testing procedures, specifications, special notations, and precautions
to be followed; and
A description of the PET drug product containers,
closures, and packaging materials, including a specimen or copy of each
label and all other labeling.
The creation of a unique batch and production control record would
be required each time a batch of a PET drug product is produced
(proposed Sec. 212.50(c)), including the following information:
The name and strength of the PET drug product,
An identification number or other unique identifier of the
specific batch that was produced,
The name and radioactivity or other measure of each API
and each inactive ingredient per batch or per unit of radioactivity or
other measurement of the drug product,
Each major production step (obtained from the approved
appropriate master production and control record),
Weights and identification codes of components,
Dates and time of production steps,
Identification of major pieces of equipment used in
production of the batch,
Testing results,
Labeling,
Initials or signatures of persons performing or checking
each significant step in the operation, and
Results of any investigations conducted.
Proposed Sec. 212.50(d) would require production area and
equipment checks to ensure cleanliness and suitability immediately
before use, and a record of the checks.
Proposed Sec. 212.50(e) specifies that process controls for PET
production facilities include control of in-process materials to ensure
that the materials are controlled until required tests or other
verification activities have been completed or necessary approvals are
received and documented.
Proposed Sec. 212.50(f) would establish different requirements for
process verification depending on whether a PET drug producer conducts
full finished-product testing on a particular PET drug product:
Proposed Sec. 212.50(f)(1) would exempt a PET drug
product from these process verification requirements if each batch of
that PET drug product, prior to human administration, undergoes full
finished-product testing to ensure that the product meets all
specifications. For example, process verification under proposed Sec.
212.50(f)(2) would not be required for the production of FDG F 18
where: (1) The entire batch is made in a single vial, (2) a sample from
the vial is withdrawn for full finished-product testing, and (3) the
finished product passes all established specifications (except for
sterility) prior to human administration.
When the results of the production of an entire batch of a
PET drug product are not fully verified through finished-product
testing or when only the initial sub-batch in a series is tested,
process verification would be required. The PET drug producer would be
required to demonstrate that the process for producing the PET drug
product is reproducible and is capable of producing a drug product that
meets the predetermined acceptance criteria (proposed Sec.
212.50(f)(2)). While currently most, if not all, batches of PET drug
products are fully verified through finished-product testing, future
PET drug products may not be suitable for finished-product testing of
an entire batch due to the short half-life of the radionuclide, and
process verification would be required.
When process verification activities are conducted, the
PET drug producer would be required to document activities and results,
including the date and signature of the individual(s) performing the
verification, the monitoring and control methods and data, and the
major equipment qualified (proposed Sec. 212.50(f)(2)).
For a PET facility that has an established history of producing a
particular PET drug product, verification of that production process
may be conducted retrospectively provided that the process has not
changed and has not resulted in process-related failures. However, when
a PET drug product is not fully verified through finished-product
testing or when only the initial sub-batch in a series is tested,
process verification would be required for any new production process
and after any significant change to a qualified process.
J. Laboratory Testing Requirements
Proposed Sec. 212.60 answers the question ``What requirements
apply to the laboratories where I test components, in process
materials, and finished PET drug products?'' Under proposed Sec.
212.60, the following requirements would apply to laboratories used to
conduct testing of components, in process materials, and finished PET
drug products:
Each laboratory must have and follow written procedures
for the conduct of each test and for the documentation of the results
(proposed Sec. 212.60(a)).
Each laboratory must have sampling and testing procedures
designed to ensure that components, in process materials, and PET drug
products conform to appropriate standards, including established
standards of identity, strength, quality, and purity (proposed Sec.
212.60(b)).
Laboratory analytical methods must be suitable for their
intended use and must be sufficiently sensitive, specific, accurate,
and reproducible (proposed Sec. 212.60(c)).
If a compendial test is used, the testing laboratory should verify
that the method works under the actual conditions of use and that the
drug product as formulated can be analyzed using the compendial method.
This verification is recommended because many compendial methods for
PET drug products lack specific information (for example, they do not
describe specific equipment used), the method may not have been
developed in the context of the production method actually being used,
and the PET production facility may not be using the same equipment
that was used in the compendial method.
The identity, purity, and quality of reagents, solutions,
and supplies used in testing must be adequately controlled, and all
solutions prepared by the PET production facility must be labeled with
their identity and expiration date (proposed Sec. 212.60(d)).
All testing equipment must be suitable for its intended
purposes and capable of producing valid results (proposed Sec.
212.60(e)).
Each laboratory must have and follow written procedures to
ensure that equipment is routinely calibrated, inspected, checked, and
maintained, and these activities must be documented (proposed Sec.
212.60(f)).
Each laboratory performing tests related to the production
of a PET drug product must keep complete records of all tests performed
to ensure compliance with established specifications and
[[Page 55045]]
standards, including examinations and assays (proposed Sec.
212.60(g)).
The records required under proposed Sec. 212.60(g) would include
the following:
A description of the sample received for testing,
including its source, the quantity, the batch or lot number, the date
(and time, if appropriate) the sample was taken, and the date (and
time, if appropriate) the sample was received for testing;
A description of each method used in the testing of the
sample, a record of all calculations performed in connection with each
test, and a statement of the weight or measurement of the sample used
for each test;
A complete record of all data obtained in the course of
each test, including all graphs, charts, and spectra from laboratory
instrumentation, properly identified to show the specific component,
in-process material, or drug product for each lot tested;
A statement of the results of tests and how the results
compare with established acceptance criteria; and
The initials or signature of the person performing the
test and the date on which the test was performed.
K. Stability
Proposed Sec. 212.61 answers the question ``What must I do to
ensure the stability of my PET drug products through expiry?'' Proposed
Sec. 212.61 would provide the following requirements to ensure the
stability of PET drug products:
PET production facilities must establish, follow, and
maintain a written testing program to assess the stability
characteristics of their PET drug products (proposed Sec. 212.61(a)).
Test methods must be reliable, meaningful, and specific
(i.e., they must be capable of determining the stability
characteristics of the PET drug product) (proposed Sec. 212.61(a)).
Samples tested for stability must be representative of the
lot or batch from which they were obtained and must be stored under
suitable conditions (proposed Sec. 212.61(a)).
Results of the stability testing must be documented and
used in determining appropriate storage conditions and expiration dates
and times for each PET drug product (proposed Sec. 212.61(b)).
L. Controls and Acceptance Criteria for Finished Products
Proposed Sec. 212.70 answers the question ``What controls and
acceptance criteria must I have for my finished PET drug products?''
These controls and acceptance criteria are the requirements that must
be met before a PET production facility may give final release to a
finished PET drug product. We propose to establish the following
requirements regarding controls and acceptance criteria:
PET production facilities would be required to establish
specifications for each batch of a PET drug product, including criteria
for identity, strength, quality, purity, and, if appropriate, sterility
and pyrogenicity (proposed Sec. 212.70(a)). Most, but not all, PET
drugs are sterile injectable products, and such products would be
required to have specifications for sterility and pyrogenicity.
Before a PET drug producer implements a test procedure in
a specification, the producer would be required to establish and
document the accuracy, sensitivity, specificity, and reproducibility of
the procedure (proposed Sec. 212.70(b)).
If the PET drug producer uses an established compendial
test procedure in a specification, the producer would be required to
first verify and document that the test works under the conditions of
actual use (proposed Sec. 212.70(b)).
PET drug producers would be required to conduct laboratory
testing of a representative sample of each batch of a PET drug product
before final release to ensure that the batch conforms to its
specifications, except for sterility. For a PET drug product produced
in sub-batches (e.g., ammonia N 13 injection), at least each initial
sub-batch that is representative of the entire batch must conform to
specifications, except for sterility, before final release (proposed
Sec. 212.70(c)).
Under proposed Sec. 212.70(d), producers would be
required to establish and follow procedures to ensure that a PET drug
product is not given final release until:
--Appropriate laboratory testing under paragraph (a) of this
section is completed,
--Associated laboratory data and documentation are reviewed (review
may be performed by a second person or self-verified in a one-person
operation) and they demonstrate that the PET drug product meets
specifications, except for sterility, and
--A designated qualified individual authorizes final release by
dated signature.
In many cases, the short half-life of a PET radionuclide precludes
the completion and review of all laboratory testing before release of
the PET drug product for distribution to a receiving facility. In such
cases, release for distribution in accordance with previously
established and documented procedures is acceptable as long as all
testing and review, except for sterility, is completed before final
release of the drug product. The PET production facility should
document the communication of this authoritative decision to the
receiving facility.
We are proposing special requirements for sterility testing because
of the short half-lives of PET radionuclides. Proposed Sec. 212.70(e)
provides that:
Sterility testing need not be completed before final
release but must be performed within 30 hours after completion of
production. Sterility testing should normally be started within 24
hours after production. We propose the additional 6 hours in response
to the concerns of some PET drug producers that a 24-hour test
initiation period would coincide with the peak activity for PET
production the following day. Proposed Sec. 212.70(e) would allow the
30-hour period to be exceeded in certain cases, such as weekends or
holidays, provided it is shown that the extended period will not affect
the stability or viability of the contaminants in the product or
otherwise yield a potentially inaccurate result.
Product samples must be tested individually and must not
be pooled.
If the product fails the sterility test, all receiving
facilities must be notified of the results immediately.
The notification must include any appropriate
recommendations and must be documented.
We are also including in this proposal a provision to allow the
conditional final release of PET drug products under certain
conditions. At the September 28, 1999, public meeting on PET drug
product CGMP, some comments stated that the regulations should allow
PET drug producers to release a PET drug product if they experience an
unanticipated, temporary failure of analytical equipment that prevents
them from completing final release testing. The comments maintained
that having duplicative equipment was difficult for smaller PET
production facilities. They stated that having to cancel scheduled PET
scans because of analytical equipment failure would inconvenience
physicians and patients, some of whom may have traveled long distances
to undergo the diagnostic procedure.
In our preliminary draft proposed rule, we requested comments on
whether the regulations should allow the conditional final release of
PET drug products in case of equipment breakdown and, if so, what
conditions should apply to such release. Nearly all the comments that
we received on this matter requested that conditional final release be
permitted. After
[[Page 55046]]
consideration of the comments, we propose to allow the conditional
final release of PET drug products under certain conditions.
Under proposed Sec. 212.70(f), a PET drug producer that cannot
complete one of the required finished product tests for a PET drug
product because of a breakdown of analytical equipment may approve the
conditional final release of the product if the conditions in proposed
Sec. 212.70(f)(1) through (f)(7) are met. These conditions would
require the PET drug producer to do the following:
Have data to document that preceding consecutive batches,
produced using the same method of production as the conditionally
released batch, demonstrate that the conditionally released batch will
likely meet the established specifications,
Determine that all other acceptance criteria are met,
Notify the receiving facility of the incomplete testing,
Retain a reserve sample of the conditionally released
batch of drug product,
Complete the omitted test using the reserve sample after
the analytical equipment is repaired and document that reasonable
efforts have been made to ensure that the problem does not recur,
Immediately notify the receiving facility if an out-of-
specification result is obtained when testing the reserve sample, and
Document all actions regarding the conditional final
release of the drug product, including the justification for the
release, all followup actions, results of completed testing, all
notifications, and corrective actions to ensure that the equipment
breakdown does not recur.
Conditional final release should be a rare occurrence. In general,
we believe that a PET drug producer should be prepared for equipment
failures. Conditional final release would not be permissible when
certain types of equipment fail. If a PET drug producer could not
perform a radiochemical identity/purity test on the API of a PET drug
product, conditional final release of a PET drug product would not be
allowed. There are, however, certain tests, such as the gas
chromatography (GC)-based residual solvent determination in FDG F 18,
where an equipment failure could result in the authorization of a
conditional final release if all the criteria in proposed Sec.
212.70(f) were met. Conditional final release would not generally be
appropriate for certain tests where it is difficult to envision
equipment failing or where equipment should be very easy to replace
(for example, in the case of FDG F 18, the hydrogen-ion concentration
(pH) test, test for kryptofix, thin layer chromatography based
radiochemical identity and purity tests). Alternate test methods can be
developed and used when these problems occur, so conditional final
release should not be necessary except in very rare circumstances.
Repeated conditional final releases based on the unavailability of
equipment that is difficult to envision failing or that is easily
replaced could be considered to be a failure to take ``reasonable
efforts * * * to ensure that the problem does not recur'' and could
lead to FDA taking enforcement action.
M. Actions To Be Taken if Product Does Not Conform to Specifications
Proposed Sec. 212.71 answers the question ``What actions must I
take if a batch of PET drug product does not conform to
specifications?'' Proposed Sec. 212.71(a) states that:
If a batch of a PET drug product does not conform to
specifications, the PET drug producer must reject it.
The producer must identify and segregate the nonconforming
product to avoid mixups.
The producer must have and follow procedures to
investigate the causes of the nonconforming product.
The investigation must include examination of processes,
operations, records, complaints, and other relevant sources of
information concerning the nonconforming product.
Under the proposal, PET drug producers also would be required to:
Document the investigation of a PET drug product that does
not conform to specifications, including the results of the
investigation and what happened to the rejected PET drug product
(proposed Sec. 212.71(b)), and
Take action to correct any identified problems to prevent
recurrence of a nonconforming product or other quality problem
(proposed Sec. 212.71(c)).
PET drug producers would be permitted, if appropriate, to reprocess
a batch of a PET drug product that does not conform to specifications
(proposed Sec. 212.71(d)). To reprocess material that does not meet
acceptance criteria:
The producer must follow preestablished procedures (set
forth in production and process controls) and
The finished product must conform to specifications,
except for sterility, before final release.
Examples of reprocessing could include a second passage through a
purification column to remove an impurity or a second passage through a
filter if the original filter failed the integrity test.
N. Labeling and Packaging
Proposed Sec. 212.80 answers the question ``What are the
requirements associated with labeling and packaging PET drug
products?'' Under proposed Sec. 212.80, the following requirements
would apply:
PET drug products must be suitably labeled and packaged to
protect the product from alteration, contamination, and damage during
the established conditions of shipping, distribution, handling and use
(proposed Sec. 212.80(a)).
Labels must be legible and applied so they will remain
legible and affixed during the established conditions of processing,
storage, handling, distribution, and use (proposed Sec. 212.80(b)).
Information stated on each label must also be contained in
each batch production record (proposed Sec. 212.80(c)).
Labeling and packaging operations must be controlled to
prevent product and labeling mixups (proposed Sec. 212.80(d)).
O. Distribution Controls
Proposed Sec. 212.90 answers the question ``What actions must I
take to control the distribution of PET drug products?'' This section
would primarily apply to PET production facilities that distribute PET
drug products beyond the immediate vicinity of the production site.
Under proposed Sec. 212.90, PET drug producers would be required to:
Establish, maintain, and follow written procedures for the
control of distribution of PET drug products shipped from the PET
production facility to ensure that shipping will not adversely affect
the identity, purity, or quality of the PET drug product (proposed
Sec. 212.90(a)).
Maintain distribution records for each PET drug product
(proposed Sec. 212.90(b)), including the following information:
--Name, address, and telephone number of the receiving facility
that received each batch of a PET drug product,
--Name and quantity of the PET drug product shipped,
--Lot number, control number, or batch number for the PET drug
product shipped, and
--Date and time the PET drug product was shipped.
P. Complaint Handling
Proposed Sec. 212.100 answers the question ``What do I do if I
receive a complaint about a PET drug product produced at my facility?''
We propose
[[Page 55047]]
the following requirements regarding complaints:
PET drug producers must develop and follow written
procedures for the receipt and handling of all complaints concerning a
PET drug product (proposed Sec. 212.100(a)).
The procedures must include review by a designated person
of any complaint involving the possible failure of a PET drug product
to meet any of its specifications and an investigation to determine the
cause of the failure (proposed Sec. 212.100(b)).
Producers must maintain a written reco