Revised Draft Guidance for Industry on Providing Regulatory Submissions in Electronic Format-Standardized Study Data; Availability, 7201-7203 [2014-02555]
Download as PDF
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
final version of the guidance, submit
either electronic or written comments
on the draft guidance by May 7, 2014.
ADDRESSES: Submit written requests for
single copies of the documents 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 or the
Office of Communication, Outreach and
Development (HFM–40), Center for
Biologics Evaluation and Research,
Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville,
MD 20852–1448. Send one selfaddressed adhesive label to assist that
office in processing your requests. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the documents.
Submit electronic comments on the
draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Ron
Fitzmartin, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, rm. 1160, Silver Spring,
MD 20993, ronald.fitzmartin@
fda.hhs.gov; or Stephen Ripley, Center
for Biologics Evaluation and Research,
Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville,
MD 20852, 301–827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Providing Regulatory Submissions in
Electronic Format—Submissions Under
Section 745A(a) of the Federal Food,
Drug, and Cosmetic Act.’’ FDASIA (Pub.
L. 112–144), signed by the President on
July 9, 2012, amended the FD&C Act to
add section 745A entitled ‘‘Electronic
Format for Submissions.’’ Drug and
biologic submissions are addressed in
section 745A(a).
Section 745A(a)(1) of the FD&C Act
describes the general scope of section
745A(a) and provides that submissions
under new drug applications (NDAs),
abbreviated new drug applications
(ANDAs), biological license applications
(BLAs), and investigational new drug
applications (INDs) must be in
electronic format specified in FDA
guidance. Section 745A(a)(2) states that
the guidance issued by FDA may
provide a timetable for future standards
and criteria for waivers and exemptions.
Section 745A(a)(3) provides that
submissions under section 561 are
VerDate Mar<15>2010
18:18 Feb 05, 2014
Jkt 232001
exempt from the requirements of section
745A(a).
This guidance describes the scope of
section 745A(a), the waivers of and
exemptions from the electronic
submission requirements, and the
process and timetable that FDA will use
to implement the electronic submission
requirements. As described in the
guidance, FDA will develop individual
guidances to specify the electronic
formats for certain submissions under
section 745A(a). Under section
745A(a)(1) of the FD&C Act, electronic
submissions can be required no earlier
than 24 months after a final guidance is
issued. Therefore, no earlier than 24
months after issuance of the final
version of an individual guidance
specifying the format for certain
submissions under section 745A(a), the
Agency will begin requiring that the
submissions under NDAs, ANDAs,
BLAs, or INDs be submitted in the
specified electronic format.
The required format(s) for specific
submissions and corresponding
timetable(s) for implementation will be
specified in individual guidances. Once
an individual guidance is finalized and
the timetable for implementation
described in that guidance has passed,
the guidance is considered to have
binding effect and the electronic
format(s) specified in that guidance
must be used for submissions under
certain NDAs, ANDAs, BLAs, or INDs.
In section 745A(a) of the FD&C Act,
Congress granted explicit statutory
authorization to FDA to specify in
guidance the format for the electronic
submissions required under this section.
Accordingly, to the extent that this draft
guidance provides such requirements
under section 745A(a) of the FD&C Act,
indicated by the use of the words
‘‘must’’ or ‘‘required’’, this document is
not subject to the usual restrictions in
FDA’s good guidance practice
regulations, such as the requirement
that guidances not establish legally
enforceable responsibilities. See 21 CFR
10.115(d). FDA guidances ordinarily
contain standard language explaining
that guidances should be viewed only as
recommendations unless specific
regulatory or statutory requirements are
cited. FDA is not including this
standard language in this guidance
because this draft guidance contains
binding provisions. The draft guidance,
when finalized, will represent the
Agency’s current thinking on providing
regulatory submissions in electronic
format, as required under section
745A(a) of the FD&C Act.
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
7201
II. Paperwork Reduction Act of 1995
This draft guidance contains no
collection of information. As discussed
in the draft guidance, FDA intends to
develop individual draft guidances to
specify the electronic formats for certain
submissions under section 745A(a). We
will discuss any information collection
subject to clearance by OMB under the
Paperwork Reduction Act in each
Federal Register notice announcing the
availability of the individual draft
guidances that specify the required
electronic formats.
III. Comments
Interested persons may submit either
electronic comments regarding this
document to https://www.regulations.gov
or written comments to the Division of
Dockets Management (see ADDRESSES). It
is only necessary to send one set of
comments. Identify comments 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, and
will be posted to the docket at https://
www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at https://
www.fda.gov/Drugs/
GuidanceCompliance
RegulatoryInformation/Guidances/
default.htm, https://www.fda.gov/
BiologicsBloodVaccines/
GuidanceComplianceRegulatory
Information/Guidances/default.htm, or
https://www.regulations.gov.
Dated: January 31, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–02553 Filed 2–5–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–D–0097]
Revised Draft Guidance for Industry on
Providing Regulatory Submissions in
Electronic Format—Standardized
Study Data; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a revised draft guidance
for industry entitled ‘‘Providing
SUMMARY:
E:\FR\FM\06FEN1.SGM
06FEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
7202
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
Regulatory Submissions in Electronic
Format—Standardized Study Data.’’ The
draft guidance announced in this notice
is being issued in accordance with the
Food and Drug Administration Safety
and Innovation Act (FDASIA), which
amended the Federal Food, Drug, and
Cosmetic Act (the FD&C Act) to require
that certain submissions under the
FD&C Act and Public Health Service Act
(PHS Act) be submitted in electronic
format, beginning no earlier than 24
months after issuance of final guidance
on that topic. The draft guidance
describes how FDA plans to implement
the requirements for the electronic
submission of standardized study data
contained in certain submissions to new
drug applications (NDAs), abbreviated
new drug applications (ANDAs),
biologics license applications (BLAs),
and investigational new drug
applications (INDs) and is being issued
for public comment. This document
supersedes the guidance entitled
‘‘Providing Regulatory Submissions in
Electronic Format—Standardized Study
Data’’ that was issued in February 2012.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by May 7, 2014.
Submit either electronic or written
comments concerning the collection of
information by April 7, 2014.
ADDRESSES: Submit written requests for
single copies of the documents 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 or the
Office of Communication, Outreach and
Development (HFM–40), Center for
Biologics Evaluation and Research,
Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville,
MD 20852–1448. Send one selfaddressed adhesive label to assist that
office in processing your requests. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the documents.
Submit electronic comments on the
draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Ron
Fitzmartin, Center for Drug Evaluation
and Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 51, Rm. 1160, Silver Spring,
VerDate Mar<15>2010
18:18 Feb 05, 2014
Jkt 232001
MD 20993, ronald.fitzmartin@
fda.hhs.gov; or Stephen Ripley, Center
for Biologics Evaluation and Research,
Food and Drug Administration, 1401
Rockville Pike, suite 200N, Rockville,
MD 20852, 301–827–6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDASIA (Pub. L. 112–144), signed by
the President on July 9, 2012, amended
the FD&C Act to add section 745A,
entitled ‘‘Electronic Format for
Submissions.’’ Section 745A(a)(1) of the
FD&C Act requires that submissions
under section 505(b), (i), or (j) of the
FD&C Act (21 U.S.C 355(b), (i), or (j)),
and submissions under sections 351(a)
or (k) of the PHS Act (42 U.S.C. 262(a)
or (k)), be submitted to FDA in
electronic format no earlier than 24
months after FDA issues final guidance
on that topic.
In accordance with section 745A(a)(1)
of the FD&C Act, FDA is issuing this
draft guidance, announcing its
determination that the study data
contained in the submission types
identified in this draft guidance must be
submitted electronically (except for
submissions that are exempted), in a
format that FDA can process, review,
and archive. Currently, the Agency can
process, review, and archive electronic
submissions of study data that use the
standards, formats, and terminologies
specified in the Study Data Standards
Catalog 1 posted to FDA’s Study Data
Standards Resources Web page.
This revised draft guidance on
standardized study data will supersede
the draft guidance for industry entitled
‘‘Providing Regulatory Submissions in
Electronic Format—Standardized Study
Data’’ that was issued in February 2012.
When finalized, this guidance
implements the electronic submission
requirements of section 745A(a) of the
FD&C Act by specifying the format for
electronic submission of study data
contained in NDA, ANDA, BLA, and
IND submissions. After publication of
the Federal Register notice of
availability of the final guidance, all
studies with a start date 2 24 months
after the Federal Register notice must
use the appropriate FDA supported
standards, formats, and terminologies
specified in the Data Standards Catalog
for NDA, ANDA, and certain BLA
submissions. Study data contained in
1 Available at https://www.fda.gov/forindustry/
datastandards/studydatastandards/default.htm.
2 For purposes of this guidance, the study start
date is the earliest date of informed consent among
any subject that enrolled in the study. For example,
see Study Start Date in the SDTM Trial Summary
Domain (TSPARMCD = SSTDTC), https://
www.cdisc.org.
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
certain IND submissions must use the
specified formats for electronic
submission in studies with a start date
36 months after the Federal Register
notice of availability.
In Section 745A(a) of the FD&C Act,
Congress granted explicit authorization
to FDA to implement the statutory
electronic submission requirements by
specifying the format for such
submissions in guidance. Because this
draft guidance provides such
requirements under section 745A(a) of
the FD&C Act, indicated by the use of
the words ‘‘must’’ or ‘‘required’’, it is
not subject to the usual restrictions in
FDA’s good guidance practice
regulations, such as the requirement
that guidances not establish legally
enforceable responsibilities. See 21 CFR
10.115(d).
II. Paperwork Reduction Act of 1995
The draft guidance refers to
previously approved collections of
information 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
draft guidance pertains to sponsors and
applicants making regulatory
submissions to FDA in electronic format
for NDAs, ANDAs, BLAs, and INDs. The
information collection discussed in the
draft guidance is contained in our IND
regulations (21 CFR part 312) and
approved under OMB control number
0910–0014, our NDA regulations
(including ANDAs) (21 CFR part 314)
and approved under OMB control
number 0910–0001, and our BLA
regulations (21 CFR part 601) and
approved under OMB control number
0910–0338.
Sponsors and applicants have been
voluntarily submitting standardized
study data in electronic format. Under
FDASIA, sponsors and applicants will
be required to make all of these
submissions electronically in
compliance with the specified
standards, formats, and terminologies.
These requirements will be phased in
over 2- and 3-year periods after the
issuance of the final guidance.
For many years sponsors and
applicants have been submitting
electronically using the electronic
common technical document format and
have included electronic study data in
both legacy and standardized formats.
For some sponsors and applicants there
may be new costs, including capital
costs or operating and maintenance
costs, which would result from the
requirements under FDASIA and the
final guidance, because some sponsors
and applicants would have to change
from submissions that have included
E:\FR\FM\06FEN1.SGM
06FEN1
Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / Notices
legacy (non-standard) study data to
submissions in compliance with the
final guidance. FDA estimates that for
some sponsors and applicants the costs
may be as follows:
• Data management (hardware/
software): $350,000–$1,000,000
• Initial data management operations:
$500,000–$1,000,000
• Training $100,000–$250,000
III. Comments
Interested persons may submit either
electronic comments to https://www.
regulations.gov or written comments
regarding this document to the Division
of Dockets Management (see
ADDRESSES). It is only necessary to send
one set of comments. Identify comments
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, and will be
posted to the docket at https://www.
regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at either
https://www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm, https://www.fda.
gov/BiologicsBloodVaccines/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm, or https://www.
regulations.gov.
Dated: January 31, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–02555 Filed 2–5–14; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2014–D–0091]
Draft Guidance for Industry on
Analgesic Indications: Developing
Drug and Biological Products;
Availability
AGENCY:
Food and Drug Administration,
HHS.
mstockstill on DSK4VPTVN1PROD with NOTICES
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a draft guidance for
industry entitled ‘‘Analgesic
Indications: Developing Drug and
Biological Products.’’ This guidance
provides recommendations to sponsors
on the development of prescription
SUMMARY:
VerDate Mar<15>2010
18:18 Feb 05, 2014
Jkt 232001
drugs for the management of acute and
chronic pain, as well as the management
of breakthrough pain. Specifically, this
guidance focuses on drug development
and trial design issues and chemistry,
manufacturing, and controls concerns
that are unique to the study of acute,
chronic, and breakthrough pain and the
labeling considerations for analgesic
drugs.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by April 7, 2014.
ADDRESSES: Submit written requests for
single copies of the 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. See the SUPPLEMENTARY
INFORMATION section for electronic
access to the draft guidance document.
Submit electronic comments on the
draft guidance to https://www.
regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
Sharon Hertz, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm. 3156,
Silver Spring, MD 20993–0002, 301–
796–2280.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Analgesic Indications: Developing
Drug and Biological Products.’’
Analgesic development involves
important concepts that should be
considered during drug development,
such as the duration of drug exposure
for the treatment of acute and chronic
pain and the subjective nature of pain
intensity measurement. It is important
that the spectrum of clinical studies
planned during analgesic development
provide an adequate characterization of
the clinical, pharmacological, and,
when feasible, pharmacodynamic
behavior of the drug. This draft
guidance presents the types of
indications FDA may be willing to
approve at present for analgesic drugs.
It also presents general trial design
PO 00000
Frm 00040
Fmt 4703
Sfmt 9990
7203
issues, appropriate endpoints, and
important safety considerations. For
example, the guidance discusses the
importance of appropriate statistical
considerations that take into account the
amount of nonrandom missing data in
analgesic drug trials.
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 the development of drug and
biological products for analgesic
indications. 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.
II. The Paperwork Reduction Act of
1995
This guidance refers to previously
approved collections of information 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 were approved under
OMB control numbers 0910–0001,
0910–0338, and 0910–0014.
III. Comments
Interested persons may submit either
electronic comments regarding this
document to https://www.regulations.gov
or written comments to the Division of
Dockets Management (see ADDRESSES). It
is only necessary to send one set of
comments. Identify comments 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, and
will be posted to the docket at https://
www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at either
https://www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm or https://www.
regulations.gov.
Dated: January 31, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014–02557 Filed 2–5–14; 8:45 am]
BILLING CODE 4160–01–P
E:\FR\FM\06FEN1.SGM
06FEN1
Agencies
[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7201-7203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02555]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2012-D-0097]
Revised Draft Guidance for Industry on Providing Regulatory
Submissions in Electronic Format--Standardized Study Data; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a revised draft guidance for industry entitled
``Providing
[[Page 7202]]
Regulatory Submissions in Electronic Format--Standardized Study Data.''
The draft guidance announced in this notice is being issued in
accordance with the Food and Drug Administration Safety and Innovation
Act (FDASIA), which amended the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) to require that certain submissions under the FD&C Act
and Public Health Service Act (PHS Act) be submitted in electronic
format, beginning no earlier than 24 months after issuance of final
guidance on that topic. The draft guidance describes how FDA plans to
implement the requirements for the electronic submission of
standardized study data contained in certain submissions to new drug
applications (NDAs), abbreviated new drug applications (ANDAs),
biologics license applications (BLAs), and investigational new drug
applications (INDs) and is being issued for public comment. This
document supersedes the guidance entitled ``Providing Regulatory
Submissions in Electronic Format--Standardized Study Data'' that was
issued in February 2012.
DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by May 7, 2014. Submit either electronic or written comments
concerning the collection of information by April 7, 2014.
ADDRESSES: Submit written requests for single copies of the documents
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 or the Office of
Communication, Outreach and Development (HFM-40), Center for Biologics
Evaluation and Research, Food and Drug Administration, 1401 Rockville
Pike, suite 200N, Rockville, MD 20852-1448. Send one self-addressed
adhesive label to assist that office in processing your requests. See
the SUPPLEMENTARY INFORMATION section for electronic access to the
documents.
Submit electronic comments on the draft guidance to https://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT: Ron Fitzmartin, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 1160, Silver Spring, MD 20993,
ronald.fitzmartin@fda.hhs.gov; or Stephen Ripley, Center for Biologics
Evaluation and Research, Food and Drug Administration, 1401 Rockville
Pike, suite 200N, Rockville, MD 20852, 301-827-6210.
SUPPLEMENTARY INFORMATION:
I. Background
FDASIA (Pub. L. 112-144), signed by the President on July 9, 2012,
amended the FD&C Act to add section 745A, entitled ``Electronic Format
for Submissions.'' Section 745A(a)(1) of the FD&C Act requires that
submissions under section 505(b), (i), or (j) of the FD&C Act (21 U.S.C
355(b), (i), or (j)), and submissions under sections 351(a) or (k) of
the PHS Act (42 U.S.C. 262(a) or (k)), be submitted to FDA in
electronic format no earlier than 24 months after FDA issues final
guidance on that topic.
In accordance with section 745A(a)(1) of the FD&C Act, FDA is
issuing this draft guidance, announcing its determination that the
study data contained in the submission types identified in this draft
guidance must be submitted electronically (except for submissions that
are exempted), in a format that FDA can process, review, and archive.
Currently, the Agency can process, review, and archive electronic
submissions of study data that use the standards, formats, and
terminologies specified in the Study Data Standards Catalog \1\ posted
to FDA's Study Data Standards Resources Web page.
---------------------------------------------------------------------------
\1\ Available at https://www.fda.gov/forindustry/datastandards/studydatastandards/default.htm.
---------------------------------------------------------------------------
This revised draft guidance on standardized study data will
supersede the draft guidance for industry entitled ``Providing
Regulatory Submissions in Electronic Format--Standardized Study Data''
that was issued in February 2012. When finalized, this guidance
implements the electronic submission requirements of section 745A(a) of
the FD&C Act by specifying the format for electronic submission of
study data contained in NDA, ANDA, BLA, and IND submissions. After
publication of the Federal Register notice of availability of the final
guidance, all studies with a start date \2\ 24 months after the Federal
Register notice must use the appropriate FDA supported standards,
formats, and terminologies specified in the Data Standards Catalog for
NDA, ANDA, and certain BLA submissions. Study data contained in certain
IND submissions must use the specified formats for electronic
submission in studies with a start date 36 months after the Federal
Register notice of availability.
---------------------------------------------------------------------------
\2\ For purposes of this guidance, the study start date is the
earliest date of informed consent among any subject that enrolled in
the study. For example, see Study Start Date in the SDTM Trial
Summary Domain (TSPARMCD = SSTDTC), https://www.cdisc.org.
---------------------------------------------------------------------------
In Section 745A(a) of the FD&C Act, Congress granted explicit
authorization to FDA to implement the statutory electronic submission
requirements by specifying the format for such submissions in guidance.
Because this draft guidance provides such requirements under section
745A(a) of the FD&C Act, indicated by the use of the words ``must'' or
``required'', it is not subject to the usual restrictions in FDA's good
guidance practice regulations, such as the requirement that guidances
not establish legally enforceable responsibilities. See 21 CFR
10.115(d).
II. Paperwork Reduction Act of 1995
The draft guidance refers to previously approved collections of
information 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 draft guidance pertains to sponsors and applicants making
regulatory submissions to FDA in electronic format for NDAs, ANDAs,
BLAs, and INDs. The information collection discussed in the draft
guidance is contained in our IND regulations (21 CFR part 312) and
approved under OMB control number 0910-0014, our NDA regulations
(including ANDAs) (21 CFR part 314) and approved under OMB control
number 0910-0001, and our BLA regulations (21 CFR part 601) and
approved under OMB control number 0910-0338.
Sponsors and applicants have been voluntarily submitting
standardized study data in electronic format. Under FDASIA, sponsors
and applicants will be required to make all of these submissions
electronically in compliance with the specified standards, formats, and
terminologies. These requirements will be phased in over 2- and 3-year
periods after the issuance of the final guidance.
For many years sponsors and applicants have been submitting
electronically using the electronic common technical document format
and have included electronic study data in both legacy and standardized
formats. For some sponsors and applicants there may be new costs,
including capital costs or operating and maintenance costs, which would
result from the requirements under FDASIA and the final guidance,
because some sponsors and applicants would have to change from
submissions that have included
[[Page 7203]]
legacy (non-standard) study data to submissions in compliance with the
final guidance. FDA estimates that for some sponsors and applicants the
costs may be as follows:
Data management (hardware/software): $350,000-$1,000,000
Initial data management operations: $500,000-$1,000,000
Training $100,000-$250,000
III. Comments
Interested persons may submit either electronic comments to https://www.regulations.gov or written comments regarding this document to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments 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, and will be posted to the docket at https://www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet may obtain the document at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or
https://www.regulations.gov.
Dated: January 31, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-02555 Filed 2-5-14; 8:45 am]
BILLING CODE 4160-01-P