Revised Draft Guidance for Industry on Providing Regulatory Submissions in Electronic Format-Certain Human Pharmaceutical Product Applications and Related Submissions Using the Electronic Common Technical Document Specifications; Availability, 43494-43496 [2014-17588]

Download as PDF 43494 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 Type of survey Number of respondents Annual frequency per response Average burden per response Total hours Mail, telephone, Web-based ............................................................................ 50,000 1 2 0.25 12,500 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Fifteen (15) minutes. Dated: July 18, 2014. Leslie Kux, Assistant Commissioner for Policy. Dated: July 21, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–17590 Filed 7–24–14; 8:45 am] [FR Doc. 2014–17481 Filed 7–24–14; 8:45 am] BILLING CODE 4164–01–P BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Food and Drug Administration [Docket No. FDA–2014–N–1006] [Docket No. FDA–2007–N–0220] Agency Information Collection Activities; Announcement of Office of Management and Budget Approval; Guidance for Industry— Pharmacogenomic Data Submissions AGENCY: Food and Drug Administration, HHS. ACTION: AGENCY: The Food and Drug Administration (FDA) is announcing that a collection of information entitled ‘‘Guidance for Industry— Pharmacogenomic Data Submissions’’ has been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE–14526, Silver Spring, MD 20993–0002, PRAStaff@ fda.hhs.gov. FOR FURTHER INFORMATION CONTACT: On May 9, 2014, the Agency submitted a proposed collection of information entitled ‘‘Guidance for Industry— Pharmacogenomic Data Submissions’’ to OMB for review and clearance under 44 U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has now approved the information collection and has assigned OMB control number 0910–0557. The approval expires on July 31, 2017. A copy of the supporting statement for this information collection is available on the Internet at https://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:34 Jul 24, 2014 Food and Drug Administration, HHS. Notice. SUMMARY: emcdonald on DSK67QTVN1PROD with NOTICES Revised Draft Guidance for Industry on Providing Regulatory Submissions in Electronic Format—Certain Human Pharmaceutical Product Applications and Related Submissions Using the Electronic Common Technical Document Specifications; Availability Jkt 232001 ACTION: Notice. The Food and Drug Administration (FDA or Agency) is announcing the availability of a revised draft guidance for industry entitled ‘‘Providing Regulatory Submissions in Electronic Format—Certain Human Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications.’’ 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 (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 the final version of the guidance on that topic. The draft guidance outlines Electronic Common Technical Document (eCTD) specification requirements for 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 draft guidance revises and replaces a previous draft guidance entitled ‘‘Providing Regulatory Submissions in SUMMARY: PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 Electronic Format—Certain Human Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications’’ that was issued in January 2013 (2013 draft guidance on eCTD Specifications). When finalized, this revised draft guidance will supersede the guidance for industry entitled ‘‘Providing Regulatory Submissions in Electronic Format— Human Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications’’ that was issued in June 2008. 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 September 23, 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, or the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, 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. 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: Virginia Hussong, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 1161, Silver Spring, MD 20993, email: virginia.hussong@fda.hhs.gov; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New E:\FR\FM\25JYN1.SGM 25JYN1 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240–402– 7911. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a draft guidance for industry entitled ‘‘Providing Regulatory Submissions in Electronic Format—Certain Human Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications.’’ FDASIA (Public Law 112–144), signed by the President on July 9, 2012, amended the FD&C Act to add section 745A (21 U.S.C.379k–1) 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 section 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 submission types identified in this draft guidance must be submitted electronically (except for submissions that are exempted), in the format specified in this guidance. This guidance (and the technical specification documents it incorporates by reference) describes how submissions under section 745A(a) of the FD&C Act 1 must be organized and submitted in electronic format using eCTD specifications version 3.2.2. The eCTD is an International Conference on Harmonization (ICH) format based on specifications developed by ICH and its member parties. FDA’s Center for Drug Evaluation and Research (CDER) and Center for Biologics Evaluation and Research (CBER) have been receiving submissions in the eCTD format since 2003, and eCTD has been the recommended format for electronic submissions to CDER and CBER since January 1, 2008. The majority of new electronic submissions are now received in eCTD format. This guidance revises and replaces the previous 2013 draft guidance on eCTD specifications. This revised version of the draft guidance, when finalized, will supersede the guidance for industry titled ‘‘Providing 1 For more information concerning how the FDA interprets section 745(a), see the draft guidance for industry ‘‘Providing Regulatory Submissions in Electronic Format—Submissions Under Section 745A(a) of the Federal Food, Drug, and Cosmetic Act’’ (available at https://www.fda.gov/drugs/ guidancecomplianceregulatoryinformation/ guidances/default.htm). VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 Regulatory Submissions in Electronic Format—Human Pharmaceutical Product Applications and Related Submissions Using the eCTD Specifications’’ that was issued in June 2008. This revised draft guidance, when finalized, will be applicable to all submissions within the scope of section 745A(a) of the FD&C Act, i.e., certain NDAs, ANDAs, BLAs, and INDs and all subsequent submissions, including amendments, supplements, and reports, to these submission types.2 In general, this revised draft guidance contains the following changes from the previous 2013 draft guidance on eCTD specifications: • It is now explicit that certain master files are within the scope of section 745A(a) of the FD&C Act. • Similarly, it is now explicit that advertising and promotional labeling materials are also within the scope of section 745A(a) of the FD&C Act. • Use of the FDA Electronic Submissions Gateway (ESG) will be required. • Use of FDA fillable forms will be required with all eCTD submissions. • Specified file formats and software versions will be required for submissions filed with the FDA. After publication of the Federal Register notice of availability of the final version of the guidance, all submissions with a filing date 24 months after the Federal Register notice must use the appropriate FDAsupported eCTD specifications for certain NDA, ANDA, and BLA submissions. IND submissions must use the FDA-supported eCTD specifications for electronic submissions filed 36 months after the Federal Register notice of availability is published. In section 745A(a) of the FD&C Act, Congress granted explicit authorization to FDA to implement the statutory electronic submission requirements by specifying in a guidance document the format for the submissions. Accordingly, to the extent that this draft guidance provides the 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 PO 00000 2 See id. Frm 00108 Fmt 4703 Sfmt 4703 43495 (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, INDs, master files, and advertising and promotional labeling. 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 submitting NDAs, ANDAs, BLAs, INDs, and master files electronically since 2003, and the majority of these submissions are already received in electronic format. Under section 745A(a) of the FD&C Act, sponsors and applicants are required to file most of these submissions electronically. These requirements will be phased in over 2and 3-year periods after the issuance of the final version of the guidance. 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 version of the guidance, because some sponsors and applicants may have to upgrade eCTD specifications and/or change their method of submitting information to the FDA. FDA estimates that for some sponsors and applicants the costs may be as follows: • eCTD Publishing Software: $25,000 to $150,000; • Publishing Operations Support: $50,000 to $1,000,000; and • Training: $5,000 to $50,000. 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 https:// E:\FR\FM\25JYN1.SGM 25JYN1 43496 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Notices 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: July 22, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–17588 Filed 7–24–14; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2014–N–0001] Clinical Investigator Training Course AGENCY: Food and Drug Administration, HHS. emcdonald on DSK67QTVN1PROD with NOTICES ACTION: Notice. The Food and Drug Administration’s (FDA’s) Center for Drug Evaluation and Research/Office of Medical Policy and the Duke University Office of Continuing Medical Education are cosponsoring a 3-day training course for clinical investigators on scientific, ethical, and regulatory aspects of clinical trials. This training course is intended to provide clinical investigators with expertise in the design, conduct, and analysis of clinical trials; improve the quality of clinical trials; and enhance the safety of trial participants. Senior FDA staff will communicate directly with clinical investigators on issues of greatest importance for successful clinical research. Date and Time: The training course will be held on November 4 and 5, 2014, from 8 a.m. to 5 p.m., and on November 6, 2014, from 8 a.m. to 3:30 p.m. Location: The course will be held at the Holiday Inn College Park, 10000 Baltimore Ave., College Park, MD 20740. Contact Person: Tomeka Arnett, Office of Medical Policy, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6355, Silver Spring, MD 20993, 301–796– 8486. Registration: Register by October 17, 2014. The registration fee is $150 per person. The fee includes course materials and onsite lunch. Early registration is recommended because seating is limited. There will be no onsite registration. VerDate Mar<15>2010 18:34 Jul 24, 2014 Jkt 232001 Register online for the training course at the registration Web site https:// continuingeducation.dcri.duke.edu/citc or download a full-size copy of the registration form from the registration site and mail a check and completed form to Duke Clinical Research Institute (DCRI), Attention—Duke CME/CEE, 300 West Morgan St., Suite 800, Durham, NC 27701. You will receive an email that confirms your registration. (FDA has verified the Web site address, but FDA is not responsible for subsequent changes to the Web site after this document publishes in the Federal Register.) Attendees are responsible for their own accommodations. A block of rooms has been reserved under ‘‘FDA Clinical Investigator Course’’ at the Holiday Inn College Park at a reduced conference rate. Reservations for these accommodations can be made online using the course registration Web site mentioned previously. Click on ‘‘registration form.’’ You will see a direct link to the hotel. Registration materials, payment procedures, accommodation information, and a detailed description of the course can be found at the registration/information Web site mentioned previously. If you need special accommodations due to a disability, please contact Tomeka Arnett (see Contact Person) at least 7 days in advance. Persons attending the course are advised that FDA is not responsible for providing access to electrical outlets. SUPPLEMENTARY INFORMATION: I. Background Clinical trial investigators play a critical role in the development of medical products. They bear the responsibility for ensuring the safe and ethical treatment of study subjects and for acquiring adequate and reliable data to support regulatory decisions. This course is intended to assist clinical investigators in understanding what preclinical and clinical information is needed to support the investigational use of medical products, as well as the scientific, regulatory, and ethical considerations involved in the conduct of clinical trials. The course will cover a wide variety of key topics, including material on novel safety concerns, adverse event monitoring, compliance with the legal and ethical obligations of clinical research, and acceptable scientific and analytic standards in the design and conduct of clinical studies. The faculty will include a diverse representation of senior FDA staff, enabling FDA to communicate directly with clinical investigators on issues of PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 greatest importance for successful clinical research. II. Description of the Training Course A. Purpose The training course is designed to provide clinical investigators with an overview of the following information: • The essential toxicological, pharmacological, and manufacturing data to support investigational use in humans; • fundamental issues in the design and conduct of clinical trials; • statistical and analytic considerations in the interpretation of trial data; • appropriate safety evaluation during studies; and • the ethical considerations and regulatory requirements for clinical trials. In addition, the course should accomplish the following: • Foster a cadre of clinical investigators with knowledge, experience, and commitment to investigational medicine; • promote communication between clinical investigators and FDA; • enhance investigators’ understanding of FDA’s role in experimental medicine; and • improve the quality of data while enhancing subject protection in the performance of clinical trials. B. Proposed Agenda The course will be conducted over 3 days and comprises approximately 26 lectures, each lasting between 30 and 45 minutes. The course will be presented mainly by senior FDA staff, with guest lecturers presenting selected topics. The course will address FDA’s role in clinical studies and regulatory considerations for clinical trials and will include a review of the material generally appearing in an ‘‘investigator’s brochure,’’ i.e., the preclinical information (toxicology, animal studies, and chemistry/manufacturing information) that supports initial clinical trials in humans. Presenters will discuss the role of clinical pharmacology in early clinical studies and how this information is used in the design of subsequent studies. The course will also include discussions of scientific, statistical, ethical, and regulatory aspects of clinical studies. On November 6, 2014, participants will choose among three breakout sessions that will explain how to put together an application to FDA for drugs, biologics, or devices. E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Notices]
[Pages 43494-43496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17588]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1006]


Revised Draft Guidance for Industry on Providing Regulatory 
Submissions in Electronic Format--Certain Human Pharmaceutical Product 
Applications and Related Submissions Using the Electronic Common 
Technical Document Specifications; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a revised draft guidance for industry entitled 
``Providing Regulatory Submissions in Electronic Format--Certain Human 
Pharmaceutical Product Applications and Related Submissions Using the 
eCTD Specifications.'' 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 (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 the final version of the guidance on that topic. The draft guidance 
outlines Electronic Common Technical Document (eCTD) specification 
requirements for 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 draft guidance revises and 
replaces a previous draft guidance entitled ``Providing Regulatory 
Submissions in Electronic Format--Certain Human Pharmaceutical Product 
Applications and Related Submissions Using the eCTD Specifications'' 
that was issued in January 2013 (2013 draft guidance on eCTD 
Specifications). When finalized, this revised draft guidance will 
supersede the guidance for industry entitled ``Providing Regulatory 
Submissions in Electronic Format--Human Pharmaceutical Product 
Applications and Related Submissions Using the eCTD Specifications'' 
that was issued in June 2008.

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 September 23, 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, or 
the Office of Communication, Outreach and Development, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 3128, 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.
    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: Virginia Hussong, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 1161, Silver Spring, MD 20993, email: 
virginia.hussong@fda.hhs.gov; or Stephen Ripley, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New

[[Page 43495]]

Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240-402-
7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Providing Regulatory Submissions in Electronic Format--
Certain Human Pharmaceutical Product Applications and Related 
Submissions Using the eCTD Specifications.'' FDASIA (Public Law 112-
144), signed by the President on July 9, 2012, amended the FD&C Act to 
add section 745A (21 U.S.C.379k-1) 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 section 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 
submission types identified in this draft guidance must be submitted 
electronically (except for submissions that are exempted), in the 
format specified in this guidance.
    This guidance (and the technical specification documents it 
incorporates by reference) describes how submissions under section 
745A(a) of the FD&C Act \1\ must be organized and submitted in 
electronic format using eCTD specifications version 3.2.2. The eCTD is 
an International Conference on Harmonization (ICH) format based on 
specifications developed by ICH and its member parties. FDA's Center 
for Drug Evaluation and Research (CDER) and Center for Biologics 
Evaluation and Research (CBER) have been receiving submissions in the 
eCTD format since 2003, and eCTD has been the recommended format for 
electronic submissions to CDER and CBER since January 1, 2008. The 
majority of new electronic submissions are now received in eCTD format.
---------------------------------------------------------------------------

    \1\ For more information concerning how the FDA interprets 
section 745(a), see the draft guidance for industry ``Providing 
Regulatory Submissions in Electronic Format--Submissions Under 
Section 745A(a) of the Federal Food, Drug, and Cosmetic Act'' 
(available at https://www.fda.gov/drugs/guidancecomplianceregulatoryinformation/guidances/default.htm).
---------------------------------------------------------------------------

    This guidance revises and replaces the previous 2013 draft guidance 
on eCTD specifications. This revised version of the draft guidance, 
when finalized, will supersede the guidance for industry titled 
``Providing Regulatory Submissions in Electronic Format--Human 
Pharmaceutical Product Applications and Related Submissions Using the 
eCTD Specifications'' that was issued in June 2008. This revised draft 
guidance, when finalized, will be applicable to all submissions within 
the scope of section 745A(a) of the FD&C Act, i.e., certain NDAs, 
ANDAs, BLAs, and INDs and all subsequent submissions, including 
amendments, supplements, and reports, to these submission types.\2\
---------------------------------------------------------------------------

    \2\ See id.
---------------------------------------------------------------------------

    In general, this revised draft guidance contains the following 
changes from the previous 2013 draft guidance on eCTD specifications:
     It is now explicit that certain master files are within 
the scope of section 745A(a) of the FD&C Act.
     Similarly, it is now explicit that advertising and 
promotional labeling materials are also within the scope of section 
745A(a) of the FD&C Act.
     Use of the FDA Electronic Submissions Gateway (ESG) will 
be required.
     Use of FDA fillable forms will be required with all eCTD 
submissions.
     Specified file formats and software versions will be 
required for submissions filed with the FDA.
    After publication of the Federal Register notice of availability of 
the final version of the guidance, all submissions with a filing date 
24 months after the Federal Register notice must use the appropriate 
FDA-supported eCTD specifications for certain NDA, ANDA, and BLA 
submissions. IND submissions must use the FDA-supported eCTD 
specifications for electronic submissions filed 36 months after the 
Federal Register notice of availability is published.
    In section 745A(a) of the FD&C Act, Congress granted explicit 
authorization to FDA to implement the statutory electronic submission 
requirements by specifying in a guidance document the format for the 
submissions. Accordingly, to the extent that this draft guidance 
provides the 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, INDs, master files, and advertising and promotional labeling. 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 submitting NDAs, ANDAs, BLAs, 
INDs, and master files electronically since 2003, and the majority of 
these submissions are already received in electronic format. Under 
section 745A(a) of the FD&C Act, sponsors and applicants are required 
to file most of these submissions electronically. These requirements 
will be phased in over 2- and 3-year periods after the issuance of the 
final version of the guidance.
    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 version of the 
guidance, because some sponsors and applicants may have to upgrade eCTD 
specifications and/or change their method of submitting information to 
the FDA. FDA estimates that for some sponsors and applicants the costs 
may be as follows:
     eCTD Publishing Software: $25,000 to $150,000;
     Publishing Operations Support: $50,000 to $1,000,000; and
     Training: $5,000 to $50,000.

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 
https://

[[Page 43496]]

www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/
default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, or 
https://www.regulations.gov.

    Dated: July 22, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-17588 Filed 7-24-14; 8:45 am]
BILLING CODE 4164-01-P
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