Draft Guidance for Industry on the Submission of Summary Bioequivalence Data for Abbreviated New Drug Applications; Availability, 17872-17873 [E9-8833]

Download as PDF 17872 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–D–0010] Draft Guidance for Industry and Food and Drug Administration Staff; Investigational Device Exemption Guidance for Retinal Prostheses; Availability AGENCY: Food and Drug Administration, HHS. mstockstill on PROD1PC66 with NOTICES ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of the draft guidance entitled ‘‘Investigational Device Exemption (IDE) Guidance for Retinal Prostheses.’’ This draft guidance document provides recommendations to industry about developing pre-clinical and clinical tests of retinal prosthetic devices for submission to FDA in an IDE application. This draft guidance is not final nor is it in effect at this time. DATES: Although you can comment on any guidance at any time (see 21 CFR 10.115 (g)(5)), to ensure that the agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit written or electronic comments on the draft guidance by July 16, 2009. ADDRESSES: Submit written requests for single copies of the draft guidance document entitled ‘‘Investigational Device Exemption (IDE) Guidance for Retinal Prostheses’’ to the Division of Small Manufacturers, International, and Consumer Assistance (HFZ–220), Center for Devices and Radiological Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 240– 276–3151. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written comments concerning this draft guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.regulations.gov. Identify comments with the docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Everette T. Beers, Center for Devices and Radiological Health, HFZ–460, Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850, 240–276–4200. VerDate Nov<24>2008 16:13 Apr 16, 2009 Jkt 217001 I. Background A retinal prosthesis is a visual prosthetic device, implanted on or beneath the retina or on the outer surface of the globe, that uses electrical stimulation to provide some level of visual stimulation for persons suffering from degenerative retinal conditions. This draft guidance helps device manufacturers submit an IDE to FDA so that they may conduct feasibility and/or pivotal human clinical trials of their retinal prostheses in the United States in order to support a premarket approval application (PMA). The draft guidance provides recommendations about pre-clinical and clinical tests of retinal prosthetic devices. The draft guidance does not apply to prostheses that stimulate the optic nerve or other higher brain areas such as the visual cortex or the lateral geniculate nucleus. II. Significance of Guidance This draft guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized will represent the agency’s current thinking on investigational device exemption (IDE) applications for retinal prostheses. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations. III. Electronic Access Persons interested in obtaining a copy of the draft guidance may do so by using the Internet. To receive ‘‘Investigational Device Exemption (IDE) Guidance for Retinal Prostheses,’’ you may either send an e-mail request to dsmica@fda.hhs.gov to receive an electronic copy of the document or send a fax request to 240–276–3151 to receive a hard copy. Please use the document number 1651 to identify the guidance you are requesting. CDRH maintains an entry on the Internet for easy access to information including text, graphics, and files that may be downloaded to a personal computer with Internet access. Updated on a regular basis, the CDRH home page includes device safety alerts, Federal Register reprints, information on premarket submissions (including lists of approved applications and manufacturers’ addresses), small manufacturer’s assistance, information on video conferencing and electronic submissions, Mammography Matters, and other device-oriented information. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 The CDRH Web site may be accessed at https://www.fda.gov/cdrh. A search capability for all CDRH guidance documents is available at https:// www.fda.gov/cdrh/guidance.html. Guidance documents are also available at https://www.regulations.gov. IV. Paperwork Reduction Act of 1995 This draft guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501–3520). The collections of information in 21 CFR part 812 have been approved under OMB control number 0910–0078; collections of information in 21 CFR parts 50 and 56 have been approved under OMB control number 0910–0130; and collections of information in 21 CFR part 814, subpart E, have been approved under OMB control number 0910–0231. V. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES), written or electronic comments regarding this document. 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 of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. Dated: February 11, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–8774 Filed 4–16–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2009–D–0126] Draft Guidance for Industry on the Submission of Summary Bioequivalence Data for Abbreviated New Drug Applications; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for E:\FR\FM\17APN1.SGM 17APN1 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices mstockstill on PROD1PC66 with NOTICES industry entitled ‘‘Submission of Summary Bioequivalence Data for ANDAs.’’ The draft guidance is intended to assist abbreviated new drug application (ANDA) applicants in complying with the new requirements in the final rule on the submission of bioequivalence data published in the Federal Register in January 2009. The final rule requires ANDA applicants to submit data from all bioequivalence studies (BE studies) the applicant conducts on a drug product formulation submitted for approval, including both studies that demonstrate and studies that fail to demonstrate that a generic product meets the current bioequivalence criteria. The draft guidance provides recommendations to applicants planning to include BE studies for submission in ANDAs, and is applicable to BE studies conducted during both preapproval and postapproval periods. DATES: Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the agency considers your comments on this draft guidance before it begins work on the final version of the guidance, submit written or electronic comments on the draft guidance by July 16, 2009. ADDRESSES: Submit written requests for single copies of this draft guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993–0002. Send one self-addressed adhesive label to assist that office in processing your requests. Submit written comments on the draft guidance to the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https:// www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document. FOR FURTHER INFORMATION CONTACT: Aida L. Sanchez, Center for Drug Evaluation and Research (HFD–650), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–5847. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of October 29, 2003 (68 FR 61640), FDA published a proposed rule to require an ANDA applicant to submit data from all BE studies that the applicant conducts on a drug product formulation submitted for approval. The agency’s final rule amending its bioequivalence regulations VerDate Nov<24>2008 16:13 Apr 16, 2009 Jkt 217001 was published in the Federal Register on January 16, 2009 (74 FR 2849). All BE studies conducted on the same drug product formulation, including studies that demonstrate and studies that fail to demonstrate that a generic product meets the current bioequivalence criteria, must be submitted to the agency. Information from all BE studies is important to the agency for the following reasons: • Data contained in any BE study could be important to FDA’s assessment of bioequivalence for a specific product; and • Even when additional BE studies are not critical to the agency’s bioequivalence determination for the specific product being reviewed, the data provide valuable scientific information that increases the agency’s knowledge and understanding of bioequivalence and generic drug development and promotes further development of science-based bioequivalence policies. II. The Draft Guidance FDA is announcing the availability of a draft guidance for industry entitled ‘‘Submission of Summary Bioequivalence Data for ANDAs.’’ The draft guidance provides recommendations to applicants planning to include BE studies for submission in ANDAs. The draft guidance provides information on the following subjects: • The types of ANDA submissions covered by the new regulations on BE studies; • A recommended format for summary reports of BE studies; and • What formulations FDA considers the ‘‘same drug product formulation’’ for different dosage forms based on differences in composition. The draft guidance is applicable to BE studies conducted for ANDAs during both preapproval and postapproval periods. The draft guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the agency’s current thinking on summary bioequivalence data reports to be submitted in ANDAs. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. III. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) written or electronic PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 17873 comments regarding the draft guidance. 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 of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. IV. Paperwork Reduction Act of 1995 The draft guidance refers to information collection provisions that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The collections of information in 21 CFR 314.94(a)(7), 314.96(a)(1), and 314.97 have been approved under OMB control number 0910–0630. V. Electronic Access Persons with access to the Internet may obtain the document at either https://www.fda.gov/cder/guidance/ index.htm or https:// www.regulations.gov. Dated: April 9, 2009. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E9–8833 Filed 4–16–09; 8:45 am] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Nursing Research; Notice of Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council for Nursing Research. The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, E:\FR\FM\17APN1.SGM 17APN1

Agencies

[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17872-17873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8833]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-D-0126]


Draft Guidance for Industry on the Submission of Summary 
Bioequivalence Data for Abbreviated New Drug Applications; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the 
availability of a draft guidance for

[[Page 17873]]

industry entitled ``Submission of Summary Bioequivalence Data for 
ANDAs.'' The draft guidance is intended to assist abbreviated new drug 
application (ANDA) applicants in complying with the new requirements in 
the final rule on the submission of bioequivalence data published in 
the Federal Register in January 2009. The final rule requires ANDA 
applicants to submit data from all bioequivalence studies (BE studies) 
the applicant conducts on a drug product formulation submitted for 
approval, including both studies that demonstrate and studies that fail 
to demonstrate that a generic product meets the current bioequivalence 
criteria. The draft guidance provides recommendations to applicants 
planning to include BE studies for submission in ANDAs, and is 
applicable to BE studies conducted during both preapproval and 
postapproval periods.

DATES:  Although you can comment on any guidance at any time (see 21 
CFR 10.115(g)(5)), to ensure that the agency considers your comments on 
this draft guidance before it begins work on the final version of the 
guidance, submit written or electronic comments on the draft guidance 
by July 16, 2009.

ADDRESSES: Submit written requests for single copies of this draft 
guidance to the Division of Drug Information, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to assist that office in processing 
your requests. Submit written comments on the draft guidance to the 
Division of Dockets Management (HFA-305), Food and Drug Administration, 
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic 
comments to https://www.regulations.gov. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the draft guidance 
document.

FOR FURTHER INFORMATION CONTACT:  Aida L. Sanchez, Center for Drug 
Evaluation and Research (HFD-650), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-5847.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of October 29, 2003 (68 FR 61640), FDA 
published a proposed rule to require an ANDA applicant to submit data 
from all BE studies that the applicant conducts on a drug product 
formulation submitted for approval. The agency's final rule amending 
its bioequivalence regulations was published in the Federal Register on 
January 16, 2009 (74 FR 2849). All BE studies conducted on the same 
drug product formulation, including studies that demonstrate and 
studies that fail to demonstrate that a generic product meets the 
current bioequivalence criteria, must be submitted to the agency. 
Information from all BE studies is important to the agency for the 
following reasons:
     Data contained in any BE study could be important to FDA's 
assessment of bioequivalence for a specific product; and
     Even when additional BE studies are not critical to the 
agency's bioequivalence determination for the specific product being 
reviewed, the data provide valuable scientific information that 
increases the agency's knowledge and understanding of bioequivalence 
and generic drug development and promotes further development of 
science-based bioequivalence policies.

II. The Draft Guidance

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Submission of Summary Bioequivalence Data for ANDAs.'' The 
draft guidance provides recommendations to applicants planning to 
include BE studies for submission in ANDAs. The draft guidance provides 
information on the following subjects:
     The types of ANDA submissions covered by the new 
regulations on BE studies;
     A recommended format for summary reports of BE studies; 
and
     What formulations FDA considers the ``same drug product 
formulation'' for different dosage forms based on differences in 
composition.
The draft guidance is applicable to BE studies conducted for ANDAs 
during both preapproval and postapproval periods.
    The draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the agency's current thinking on summary 
bioequivalence data reports to be submitted in ANDAs. It does not 
create or confer any rights for or on any person and does not operate 
to bind FDA or the public. An alternative approach may be used if such 
approach satisfies the requirements of the applicable statutes and 
regulations.

III. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding the draft 
guidance. 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 of Dockets Management between 9 a.m. and 4 p.m., 
Monday through Friday.

IV. Paperwork Reduction Act of 1995

    The draft guidance refers to information collection provisions that 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR 314.94(a)(7), 314.96(a)(1), and 
314.97 have been approved under OMB control number 0910-0630.

V. Electronic Access

    Persons with access to the Internet may obtain the document at 
either https://www.fda.gov/cder/guidance/index.htm or https://www.regulations.gov.

    Dated: April 9, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-8833 Filed 4-16-09; 8:45 am]
BILLING CODE 4160-01-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.