Draft Guidance for Industry on Controlled Correspondence Related to Generic Drug Development; Availability, 51180-51182 [2014-20359]
Download as PDF
51180
Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
standard cost (rounded to the nearest
thousand dollars) of $5,122,000 for a
NME NDA and $4,090,000 for a BLA.
Based on these standard costs, the total
cost to review the 53 applications in
these two categories in FY 2013 (31
NME NDAs with clinical data and 22
BLAs) was $248,762,000. (Note: These
numbers exclude the President’s
Emergency Plan for AIDS Relief NDAs;
no investigational new drug review
costs are included in this amount.)
Twenty of these applications (12 NDAs
and 8 BLAs) received priority review,
which would mean that the remaining
33 received standard reviews. Because a
priority review compresses a review that
ordinarily takes 10 months into 6
months, FDA estimates that a multiplier
of 1.67 (10 months divided by 6 months)
should be applied to non-priority
review costs in estimating the effort and
cost of a priority review as compared to
a standard review. This multiplier is
consistent with published research on
this subject. In the article ‘‘Developing
Drugs for Developing Countries,’’
published in ‘‘Health Affairs’’, Volume
25, Number 2, in 2006, the comparison
of historical average review times by
David B. Ridley, Henry G. Grabowski,
and Jeffrey L. Moe supports a priority
review multiplier in the range of 1.48 to
2.35. The multiplier derived by FDA
falls well below the midpoint of this
range. Using FY 2013 figures, the costs
of a priority and standard review are
estimated using the following formula:
(20 a × 1.67) + (33 a) = $248,762,000
Where ‘‘a’’ is the cost of a standard
review and ‘‘a times 1.67’’ is the cost of
a priority review. Using this formula,
the cost of a standard review for NME
NDAs and BLAs is calculated to be
$3,746,000 (rounded to the nearest
thousand dollars) and the cost of a
priority review for NME NDAs and
BLAs is 1.67 times that amount, or
$6,256,000 (rounded to the nearest
thousand dollars). The difference
between these two cost estimates, or
$2,510,000, represents the incremental
cost of conducting a priority review
rather than a standard review.
For FY 2015 fee, FDA will need to
adjust the FY 2013 incremental cost by
the average amount by which FDA’s
average costs increased in the 3 years
prior to FY 2014, to adjust the FY 2013
amount for cost increases in FY 2014.
That adjustment, published in the
Federal Register on August 1, 2014 (see
79 FR 44807 at 44809), setting FY 2015
PDUFA fees, is 2.0813 percent for the
most recent year, not compounded.
Increasing the FY 2013 incremental
priority review cost of $2,510,000 by
2.0813 percent results in an estimated
cost of $2,562,000 (rounded to the
nearest thousand dollars). This is the
priority review user fee amount for FY
2015 that must be submitted with a
priority review voucher in FY 2015, in
addition to any PDUFA fee that is
required for such an application.
III. Priority Review Fee Schedule for
FY 2015
The fee rate for FY 2015 is set out in
table 1:
TABLE 1—TROPICAL DISEASE PRIORITY REVIEW SCHEDULE FOR FY 2015
Fee category
Fee rate for FY 2015
Application submitted with a priority review voucher in addition to the normal PDUFA Fee .............................................
$2,562,000
mstockstill on DSK4VPTVN1PROD with NOTICES
IV. Implementation of Priority Review
Fee
Under section 524(c)(4)(A) of the
FD&C Act, the priority review user fee
is due upon submission of a human
drug application for which the priority
review voucher is used. Section
524(c)(4)(B) of the FD&C Act specifies
that the application will be considered
incomplete if the priority review user
fee and all other applicable user fees are
not paid in accordance with FDA
payment procedures. In addition, FDA
may not grant a waiver, exemption,
reduction, or refund of any fees due and
payable under this section of the FD&C
Act and FDA may not collect priority
review voucher fees prior to a relevant
appropriation for fees for that FY.
Beginning with FDA’s appropriation for
FY 2009, the annual appropriation
language states specifically that
‘‘priority review user fees authorized by
21 U.S.C. 360n (section 524 of the FD&C
Act) may be credited to this account, to
remain available until expended.’’ (Pub.
L. 111–8, Section 5, Division A, Title
VI).
The priority review fee established in
the new fee schedule must be paid for
any application that is received on or
after October 1, 2014, and submitted
with a priority review voucher. This fee
VerDate Mar<15>2010
17:44 Aug 26, 2014
Jkt 232001
must be paid in addition to any other
fee due under PDUFA. Payment must be
made in U.S. currency by check, bank
draft, or U.S. postal money order
payable to the order of the Food and
Drug Administration. The user fee
identification (ID) number should be
included on the check, followed by the
words ‘‘Priority Review.’’ Payments can
be mailed to: Food and Drug
Administration, P.O. Box 979107, St.
Louis, MO 63197–9000.
If checks are sent by a courier that
requests a street address, the courier can
deliver the checks to: U.S. Bank,
Attention: Government Lockbox 979107,
1005 Convention Plaza, St. Louis, MO
63101. (Note: This U.S. Bank address is
for courier delivery only.) The FDA post
office box number (P.O. Box 979107)
must be written on the check. The tax
identification number of FDA is 53–
0196965.
Wire transfer payments may also be
used. Please reference your unique user
fee ID number when completing your
transfer. The originating financial
institution may charge a wire transfer
fee. Please ask your financial institution
about the fee and include it with your
payment to ensure that your fee is fully
paid. The account information is as
follows: New York Federal Reserve
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
Bank, U.S. Dept. of Treasury, TREAS
NYC, 33 Liberty St., New York, NY
10045, Account Number: 75060099,
Routing Number: 021030004, SWIFT:
FRNYUS33, Beneficiary: FDA, 8455
Colesville Rd., Silver Spring, MD
20993–0002.
Dated: August 22, 2014.
Peter Lurie,
Associate Commissioner for Policy and
Planning.
[FR Doc. 2014–20360 Filed 8–26–14; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2014–D–1167]
Draft Guidance for Industry on
Controlled Correspondence Related to
Generic Drug Development;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of a draft guidance for
industry entitled ‘‘Controlled
SUMMARY:
E:\FR\FM\27AUN1.SGM
27AUN1
Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Correspondence Related to Generic Drug
Development.’’ The guidance document
provides information regarding the
process by which human generic drug
manufacturers and related industry can
submit correspondence to FDA
requesting information on generic drug
development. This guidance also
describes FDA’s process for providing
communications related to such
correspondence.
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 October 27,
2014. Submit either electronic or
written comments concerning the
collection of information proposed in
the draft guidance by October 27, 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 and the collection of
information proposed in 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:
Maryll Toufanian, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1682,
Silver Spring, MD 20993–0002, 240–
402–7944, Maryll.Toufanian@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Controlled Correspondence Related to
Generic Drug Development.’’ On July 9,
2012, the Generic Drug User Fee
Amendments of 2012 (GDUFA) were
signed into law by the President to
speed the delivery of safe and effective
generic drugs to the public and to
reduce costs to industry. Under GDUFA,
FDA agreed to certain obligations as laid
out in the GDUFA Commitment Letter
that accompanies the legislation (Ref. 1).
VerDate Mar<15>2010
17:44 Aug 26, 2014
Jkt 232001
Among these obligations is FDA’s
commitment to performance metrics for
the response to controlled
correspondence for fiscal years (FYs)
2015 through 2017. For example, FDA
has committed to respond to 90 percent
of controlled correspondence within 2
months from the date of submission in
Year 5 of the program, which begins on
October 1, 2016.
The GDUFA Commitment Letter
described controlled correspondence as
follows: ‘‘FDA’s Office of Generic Drugs
provides assistance to pharmaceutical
firms and related industry regarding a
variety of questions posed as ‘controlled
documents.’ See [https://www.fda.gov/
AboutFDA/CentersOffices/officeof
medicalproductsandtobacco/CDER/
ucm120610.htm (Ref. 2)]. Controlled
correspondence does not include citizen
petitions, petitions for reconsideration,
or requests for stay.’’ The draft guidance
is intended to further refine this
description to best support the aims of
the identified in the GDUFA
Commitment Letter of ensuring the
safety of generic drug products;
enhancing access by expediting the
availability of these products; and
enhancing transparency by, among other
things, improving FDA’s
communications and feedback with
industry in order to expedite product
access. In addition, this guidance
provides detail and recommendations
concerning what inquiries FDA
considers as controlled correspondence
for the purposes of meeting the
Agency’s GDUFA commitment, what
information requestors can include in a
controlled correspondence to facilitate
FDA’s consideration of and response to
a controlled correspondence, and what
information FDA will provide in its
communications to entities that have
submitted a controlled correspondence.
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 controlled correspondence related to
generic drug development. 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. Paperwork Reduction Act of 1995
This draft guidance contains
information collection provisions that
are subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). The title,
description, and respondent description
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
51181
of the information collection are given
under this section with an estimate of
the reporting 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 the collection of information.
We invite comments on these topics:
(1) Whether the proposed collection of
information is necessary for the proper
performance of FDA’s functions,
including whether the information will
have practical utility; (2) the accuracy of
FDA’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
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: Controlled Correspondence
Related to Generic Drug Development.
Description: Under GDUFA, FDA has
agreed to specific program
enhancements and performance goals
specified in the GDUFA Commitment
Letter. One of the performance goals
applies to controlled correspondence
related to generic drug development.
The Commitment Letter includes details
on FDA’s commitment to respond to
questions submitted as controlled
correspondence within certain time
frames. To facilitate FDA’s prompt
consideration of the controlled
correspondence and response, and to
assist in meeting the prescribed time
frames, FDA recommends including the
following information in the inquiry: (1)
Name, title, address, phone number, and
entity of the person submitting the
inquiry; (2) an email address; (3) an
FDA-assigned control number and
submission date of any previous related
correspondence, if applicable; (4) the
relevant reference listed drug, as
applicable, including the application
number, proprietary (brand) name,
manufacturer, active ingredient, dosage
form, and strength(s); (5) a concise
statement of the inquiry; (6) a
recommendation of the appropriate FDA
review discipline; and (7) relevant prior
research and supporting materials.
The following information is based on
inquiries considered controlled
correspondence and submitted to FDA
for FYs 2011, 2012, and 2013. FDA
estimates approximately 217 generic
drug manufacturers and related industry
(e.g., contract research organizations
conducting bioanalytical or
bioequivalence clinical trials) or their
E:\FR\FM\27AUN1.SGM
27AUN1
51182
Federal Register / Vol. 79, No. 166 / Wednesday, August 27, 2014 / Notices
representatives would each submit an
average of 4.7 inquiries annually for a
total of 1,020 inquiries [1,020 ÷ 217 =
4.7]. Information submitted with each
inquiry varies widely in content,
depending on the complexity of the
request. Inquiries that are defined as
controlled correspondence (i.e.,
inquiries that request information on a
specific element of generic drug product
development) may range from a simple
inquiry on generic drug labeling to a
more complex inquiry for a formulation
assessment for a specific proposed
generic drug product. As a result, these
inquiries can vary between 1 to 10
burden hours, respectively.
Because the content of inquiries
considered controlled correspondence is
widely varied, we are providing an
average burden hour for each inquiry.
We estimate that it will take an average
of 5 hours per inquiry for industry to
gather necessary information, prepare
the request, and submit the request to
FDA. As a result, we estimate that it will
take an average of 5,100 total hours
annually for industry to prepare and
submit inquiries considered controlled
correspondence.
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Submission of controlled correspondence
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average
burden per
response
Total hours
Manufacturers, Related Industry, and Representatives ......
217
4.7
1,020
5
5,100
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
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.
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.
V. References
mstockstill on DSK4VPTVN1PROD with NOTICES
1. Generic Drug User Fee Act Program
Performance Goals and Procedures
(GDUFA Commitment Letter) for fiscal
years 2013 through 2017, available at
https://www.fda.gov/downloads/For
Industry/UserFees/GenericDrugUser
Fees/UCM282505.pdf).
2. Id. at p. 15. The Web page quoted in the
controlled correspondence definition has
been updated as the link provided in the
GDUFA Commitment Letter is no longer
accessible.
Dated: August 22, 2014.
Peter Lurie,
Associate Commissioner for Policy and
Planning.
[FR Doc. 2014–20359 Filed 8–26–14; 8:45 am]
BILLING CODE 4164–01–P
17:44 Aug 26, 2014
Food and Drug Administration
[Docket No. FDA–2014–N–1082]
Highly Multiplexed Microbiological/
Medical Countermeasure In Vitro
Nucleic Acid Based Diagnostic
Devices; Guidance for Industry and
Food and Drug Administration Staff;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing the
availability of the guidance entitled
‘‘Highly Multiplexed Microbiological/
Medical Countermeasure In Vitro
Nucleic Acid Based Diagnostic
Devices.’’ This guidance is to provide
industry and Agency staff with
recommendations for studies to
establish the analytical and clinical
performance of highly multiplexed
microbiological/medical
countermeasure in vitro nucleic acidbased diagnostic devices (HMMDs)
intended to simultaneously detect and
identify multiple pathogen nucleic acids
extracted from a single appropriate
human specimen or culture.
DATES: Submit either electronic or
written comments on this guidance at
any time. General comments on Agency
guidance documents are welcome at any
time.
ADDRESSES: An electronic copy of the
guidance document is available for
download from the Internet. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
guidance. Submit written requests for a
single hard copy of the guidance
document entitled ‘‘Highly Multiplexed
SUMMARY:
IV. Electronic Access
VerDate Mar<15>2010
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Jkt 232001
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
Microbiological/Medical
Countermeasure In Vitro Nucleic Acid
Based Diagnostic Devices’’ to the Office
of the Center Director, Guidance and
Policy Development, Center for Devices
and Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5431, Silver Spring,
MD 20993–0002. Send one selfaddressed adhesive label to assist that
office in processing your request.
Submit electronic comments on the
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. Identify comments with the
docket number found in brackets in the
heading of this document.
John
Hobson, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5560, Silver Spring,
MD 20993–0002, 301–796–5892.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
This guidance is to provide industry
and Agency staff with recommendations
for studies to establish the analytical
and clinical performance of HMMDs
intended to simultaneously detect and
identify multiple pathogen nucleic acids
extracted from a single appropriate
human specimen or culture. For the
purposes of this guidance document, the
multiplex level that is used to define
HMMDs is the capability to detect ≥20
different organisms/targets, in a single
reaction, using a nucleic acid-based
technology and involves testing
multiple targets through a common
process of specimen preparation,
amplification and/or detection, and
result interpretation. HMMDs are used
E:\FR\FM\27AUN1.SGM
27AUN1
Agencies
[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51180-51182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20359]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2014-D-1167]
Draft Guidance for Industry on Controlled Correspondence Related
to Generic Drug Development; 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 industry entitled ``Controlled
[[Page 51181]]
Correspondence Related to Generic Drug Development.'' The guidance
document provides information regarding the process by which human
generic drug manufacturers and related industry can submit
correspondence to FDA requesting information on generic drug
development. This guidance also describes FDA's process for providing
communications related to such correspondence.
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 October 27, 2014. Submit either electronic or written
comments concerning the collection of information proposed in the draft
guidance by October 27, 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 and the collection
of information proposed in 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: Maryll Toufanian, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1682, Silver Spring, MD 20993-0002, 240-
402-7944, Maryll.Toufanian@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
entitled ``Controlled Correspondence Related to Generic Drug
Development.'' On July 9, 2012, the Generic Drug User Fee Amendments of
2012 (GDUFA) were signed into law by the President to speed the
delivery of safe and effective generic drugs to the public and to
reduce costs to industry. Under GDUFA, FDA agreed to certain
obligations as laid out in the GDUFA Commitment Letter that accompanies
the legislation (Ref. 1). Among these obligations is FDA's commitment
to performance metrics for the response to controlled correspondence
for fiscal years (FYs) 2015 through 2017. For example, FDA has
committed to respond to 90 percent of controlled correspondence within
2 months from the date of submission in Year 5 of the program, which
begins on October 1, 2016.
The GDUFA Commitment Letter described controlled correspondence as
follows: ``FDA's Office of Generic Drugs provides assistance to
pharmaceutical firms and related industry regarding a variety of
questions posed as `controlled documents.' See [https://www.fda.gov/AboutFDA/CentersOffices/officeofmedicalproductsandtobacco/CDER/ucm120610.htm (Ref. 2)]. Controlled correspondence does not include
citizen petitions, petitions for reconsideration, or requests for
stay.'' The draft guidance is intended to further refine this
description to best support the aims of the identified in the GDUFA
Commitment Letter of ensuring the safety of generic drug products;
enhancing access by expediting the availability of these products; and
enhancing transparency by, among other things, improving FDA's
communications and feedback with industry in order to expedite product
access. In addition, this guidance provides detail and recommendations
concerning what inquiries FDA considers as controlled correspondence
for the purposes of meeting the Agency's GDUFA commitment, what
information requestors can include in a controlled correspondence to
facilitate FDA's consideration of and response to a controlled
correspondence, and what information FDA will provide in its
communications to entities that have submitted a controlled
correspondence.
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 controlled
correspondence related to generic drug development. 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. Paperwork Reduction Act of 1995
This draft guidance contains information collection provisions that
are subject to review by the Office of Management and Budget under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The title,
description, and respondent description of the information collection
are given under this section with an estimate of the reporting 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 the collection of information.
We invite comments on these topics: (1) Whether the proposed
collection of information is necessary for the proper performance of
FDA's functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) 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: Controlled Correspondence Related to Generic Drug
Development.
Description: Under GDUFA, FDA has agreed to specific program
enhancements and performance goals specified in the GDUFA Commitment
Letter. One of the performance goals applies to controlled
correspondence related to generic drug development. The Commitment
Letter includes details on FDA's commitment to respond to questions
submitted as controlled correspondence within certain time frames. To
facilitate FDA's prompt consideration of the controlled correspondence
and response, and to assist in meeting the prescribed time frames, FDA
recommends including the following information in the inquiry: (1)
Name, title, address, phone number, and entity of the person submitting
the inquiry; (2) an email address; (3) an FDA-assigned control number
and submission date of any previous related correspondence, if
applicable; (4) the relevant reference listed drug, as applicable,
including the application number, proprietary (brand) name,
manufacturer, active ingredient, dosage form, and strength(s); (5) a
concise statement of the inquiry; (6) a recommendation of the
appropriate FDA review discipline; and (7) relevant prior research and
supporting materials.
The following information is based on inquiries considered
controlled correspondence and submitted to FDA for FYs 2011, 2012, and
2013. FDA estimates approximately 217 generic drug manufacturers and
related industry (e.g., contract research organizations conducting
bioanalytical or bioequivalence clinical trials) or their
[[Page 51182]]
representatives would each submit an average of 4.7 inquiries annually
for a total of 1,020 inquiries [1,020 / 217 = 4.7]. Information
submitted with each inquiry varies widely in content, depending on the
complexity of the request. Inquiries that are defined as controlled
correspondence (i.e., inquiries that request information on a specific
element of generic drug product development) may range from a simple
inquiry on generic drug labeling to a more complex inquiry for a
formulation assessment for a specific proposed generic drug product. As
a result, these inquiries can vary between 1 to 10 burden hours,
respectively.
Because the content of inquiries considered controlled
correspondence is widely varied, we are providing an average burden
hour for each inquiry. We estimate that it will take an average of 5
hours per inquiry for industry to gather necessary information, prepare
the request, and submit the request to FDA. As a result, we estimate
that it will take an average of 5,100 total hours annually for industry
to prepare and submit inquiries considered controlled correspondence.
Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Submission of controlled correspondence Number of responses per Total annual Average burden Total hours
respondents respondent responses per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturers, Related Industry, and Representatives............... 217 4.7 1,020 5 5,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
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/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or https://www.regulations.gov.
V. References
1. Generic Drug User Fee Act Program Performance Goals and
Procedures (GDUFA Commitment Letter) for fiscal years 2013 through
2017, available at https://www.fda.gov/downloads/ForIndustry/UserFees/GenericDrugUserFees/UCM282505.pdf).
2. Id. at p. 15. The Web page quoted in the controlled
correspondence definition has been updated as the link provided in
the GDUFA Commitment Letter is no longer accessible.
Dated: August 22, 2014.
Peter Lurie,
Associate Commissioner for Policy and Planning.
[FR Doc. 2014-20359 Filed 8-26-14; 8:45 am]
BILLING CODE 4164-01-P