Botanical Drug Development; Guidance for Industry; Availability, 96018-96020 [2016-31627]
Download as PDF
96018
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Hampshire Ave., Silver Spring, MD
20993–0002. Send one self-addressed
adhesive label to assist that office in
processing your request or include a fax
number to which the guidance
document may be sent. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
guidance.
FOR FURTHER INFORMATION CONTACT:
Deirdre Jurand, Center for Tobacco
Products, Food and Drug
Administration, 10903 New Hampshire
Ave., Document Control Center, Bldg.
71, Rm. G335, 10903 New Hampshire
Ave., Silver Spring, MD 20993–0002, 1–
877–287–1373, AskCTP@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Background
FDA is announcing the availability of
a guidance for industry entitled
‘‘Submission of Warning Plans for
Cigars.’’ On June 22, 2009, the President
signed the Family Smoking Prevention
and Tobacco Control Act (Tobacco
Control Act) (Pub. L. 111–31) into law.
The Tobacco Control Act granted FDA
important new authority to regulate the
manufacture, marketing, and
distribution of cigarettes, cigarette
tobacco, roll-your-own tobacco, and
smokeless tobacco products to protect
the public health and to reduce tobacco
use by minors.
The Tobacco Control Act also gave
FDA the authority to issue a regulation
deeming all other products that meet the
statutory definition of a tobacco product
as subject to FDA regulatory authority
under section 901(b) of the FD&C Act
(21 U.S.C. 387a(b)). On May 10, 2016,
FDA issued that rule, extending FDA’s
tobacco product authority to cigars,
among other products (81 FR 28973).
Among the requirements that now apply
to cigars are health warning statements
prescribed under section 906(d) of the
FD&C Act (21 U.S.C. 387f(d)), which
permits restrictions on the sale and
distribution of tobacco products that are
‘‘appropriate for the protection of public
health.’’ The regulation specifies the
health warning statements to be
displayed and also requires the
submission of warning plans that
provide for the random, equal display
and random distribution of the
statements on cigar packaging and
advertising.
The guidance discusses the regulatory
requirements to submit warning plans,
who submits a warning plan, the scope
of a warning plan, when to submit a
warning plan, what information should
be submitted in a warning plan, where
to submit a warning plan, and what
approval of a warning plan means.
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
II. Significance of Guidance
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on submission of
warning plans for cigars. It does not
establish any rights for any person and
is not binding on FDA or the public.
You can use an alternative approach if
it satisfies the requirements of the
applicable statutes and regulations.
III. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
21 CFR part 1143 have been approved
under OMB control number 0910–0768.
IV. Electronic Access
Persons with access to the Internet
may obtain an electronic version of the
guidance at either https://
www.regulations.gov or https://
www.fda.gov/TobaccoProducts/
Labeling/RulesRegulationsGuidance/
default.htm.
Dated: December 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–31586 Filed 12–28–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2000–D–0103]
Botanical Drug Development;
Guidance for Industry; Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a
guidance for industry entitled
‘‘Botanical Drug Development.’’ This
guidance describes FDA’s current
thinking on appropriate development
plans for botanical drugs to be
submitted in new drug applications
(NDAs) and specific recommendations
for submitting investigational new drug
applications (INDs) to support future
NDA submissions for botanical drugs. In
addition, this guidance provides general
information on the over-the-counter
SUMMARY:
(OTC) drug monograph system for
botanical drugs. Although this guidance
does not intend to provide
recommendations specific to botanical
drugs to be marketed under biologics
license applications (BLAs), many
scientific principles described in this
guidance may also apply to these
products. This guidance replaces the
guidance for industry entitled
‘‘Botanical Drug Products’’ issued in
June 2004 and finalizes the August 2015
draft guidance entitled ‘‘Botanical Drug
Development.’’
DATES: Submit either electronic or
written comments on Agency guidances
at any time.
ADDRESSES: You may submit comments
as follows:
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
E:\FR\FM\29DEN1.SGM
29DEN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Instructions: All submissions received
must include the Docket No. FDA–
2000–D–0103 for ‘‘Botanical Drug
Development.’’ Received comments will
be placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Division of Dockets
Management. If you do not wish your
name and contact information to be
made publicly available, you can
provide this information on the cover
sheet and not in the body of your
comments and you must identify this
information as ‘‘confidential.’’ Any
information marked as ‘‘confidential’’
will not be disclosed except in
accordance with 21 CFR 10.20 and other
applicable disclosure law. For more
information about FDA’s posting of
comments to public dockets, see 80 FR
56469, September 18, 2015, or access
the information at: https://www.fda.gov/
regulatoryinformation/dockets/
default.htm.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Division of Dockets
Management, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852.
Submit written requests for single
copies of this guidance to the Division
of Drug Information, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10001 New
Hampshire Ave., Hillandale Building,
4th Floor, Silver Spring, MD 20993–
0002. Send one self-addressed adhesive
label to assist that office in processing
your requests. See the SUPPLEMENTARY
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
INFORMATION section for electronic
access to the guidance document.
Sau
L. Lee, Center for Drug Evaluation and
Research, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 22, Rm. 2128, Silver Spring,
MD 20993–0002, 301–796–2905.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
FDA is announcing the availability of
a guidance for industry entitled
‘‘Botanical Drug Development.’’ This
guidance describes the current thinking
of the Center for Drug Evaluation and
Research (CDER) on appropriate
development plans for botanical drugs
to be submitted in NDAs and specific
recommendations on submitting INDs in
support of future NDA submissions for
botanical drugs. In addition, this
guidance provides general information
on the OTC drug monograph system for
botanical drugs. Although this guidance
does not intend to provide
recommendations specific to botanical
drugs to be marketed under BLAs, many
scientific principles described in this
guidance may also apply to these
products.
This guidance specifically discusses
several areas in which, due to the
unique nature of botanical drugs, the
Agency finds it appropriate to apply
regulatory policies that differ from those
applied to nonbotanical drugs, such as
synthetic, semi-synthetic, or otherwise
highly purified or chemically modified
drugs, including antibiotics derived
from microorganisms. Because this
guidance focuses on considerations
unique to botanical drugs, policies and
recommendations applicable to both
botanical and nonbotanical drugs are
generally not covered in this document.
In the Federal Register of August 17,
2015 (80 FR 49240), FDA issued and
sought comment on a draft guidance
that revised the final guidance for
industry ‘‘Botanical Drug Products’’
issued in June 2004. This guidance
finalizes the August 2015 draft guidance
‘‘Botanical Drug Development’’ and
replaces the June 2004 final guidance.
The June 2004 final guidance, August
2015 draft guidance, and related public
comments are publicly available in
Docket No. FDA–2000–D–0103. The
general approach to botanical drug
development has remained unchanged
since 2004; however, based on
improved understanding of botanical
drugs and experience acquired in the
reviews of NDAs and INDs for these
drugs, specific recommendations have
been modified and new sections have
been added to this guidance to better
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
96019
address late-phase development and
NDA submission for botanical drugs.
This guidance also addresses the minor
comments received from stakeholders
on the 2015 draft guidance and provides
clarity on the application of the fixeddose drug combination rule to
botanicals.
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the current
thinking of FDA on botanical drug
development. It does not establish any
rights for any person and is not binding
on FDA or the public. You can use an
alternative approach if it 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
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The guidance explains the
circumstances under which FDA
regulations require approval of an NDA
for marketing a botanical drug product
and when such a product may be
marketed under an OTC drug
monograph. The regulations governing
the preparation and submission of an
NDA are in part 314 (21 CFR part 314),
and the guidance does not contain any
recommendations that exceed the
requirements of these regulations. FDA
has estimated the information collection
requirements resulting from the
preparation and submission of an NDA,
and OMB has approved the burden
under OMB control number 0910–0001.
FDA anticipates that any NDAs
submitted for botanical drug products
would be included under the burden
estimates approved by OMB for part
314.
The regulations on the procedures for
classifying OTC drugs as generally
recognized as safe and effective and not
misbranded, and for establishing OTC
drug monographs, are set forth in
§ 330.10 (21 CFR 330.10). FDA believes
that any botanical drug products that
may be eligible for inclusion in an OTC
drug monograph under current § 330.10
have already been or are presently being
considered for such inclusion.
The guidance also provides scientific
and regulatory guidance to sponsors on
conducting clinical investigations of
botanical drugs. The regulations
governing the preparation and
submission of INDs are in part 312 (21
CFR part 312). The guidance does not
E:\FR\FM\29DEN1.SGM
29DEN1
96020
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
contain any recommendations that
exceed the requirements in those
regulations. FDA has estimated the
information collection requirements
resulting from the preparation and
submission of an IND under part 312,
and OMB has approved the reporting
and recordkeeping burden under OMB
control number 0910–0014.
III. Electronic Access
Persons with access to the Internet
may obtain the guidance at either https://
www.fda.gov/Drugs/Guidance
ComplianceRegulatoryInformation/
Guidances/default.htm or https://
www.regulations.gov.
Dated: December 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Proposed Collection; 60-Day Comment
Request; Continuation of Use of the
Early Career Reviewer Program Online
Application and Vetting System—
Center for Scientific Review (CSR)
National Institutes of Health,
HHS.
ACTION:
To
obtain a copy of the data collection
plans and instruments, submit
comments in writing, or request more
information on the proposed project,
contact: Dr. Monica Basco, Early Career
Reviewer Program Coordinator, Center
for Scientific Review, 6701 Rockledge
Drive, Room 3030, Bethesda, Maryland
20892 or call non-toll-free number
(301)–300–3839 or Email your request,
including your address to:
CSRearlyCareerReviewer@mail.nih.gov.
Formal requests for additional plans and
instruments must be requested in
writing.
FOR FURTHER INFORMATION CONTACT:
Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 requires: Written
comments and/or suggestions from the
public and affected agencies are invited
to address one or more of the following
points: (1) Whether the proposed
collection of information is necessary
for the proper performance of the
function of the agency, including
whether the information will have
practical utility; (2) The accuracy of the
agency’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 those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Proposed Collection Title: Early
Career Reviewer Program Online
Application and Vetting System—
Center for Scientific Review (CSR),
0925—Extension of Information
Collection Request, Center for Scientific
Review (CSR), National Institutes of
SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–31627 Filed 12–28–16; 8:45 am]
AGENCY:
Health (NIH) (OMB Control Number:
0925–0695; Expiration: 04/30/2017).
Need and Use of Information
Collection: The Center for Scientific
Review (CSR) is the portal for NIH grant
applications and their review for
scientific merit. Our mission is to see
that NIH grant applications receive fair,
independent, expert, and timely
reviews—free from inappropriate
influences—so NIH can fund the most
promising research. To accomplish this
goal, Scientific Review Officers (SRO)
form study sections consisting of
scientists who have the technical and
scientific expertise to evaluate the merit
of grant applications. Study section
members are generally scientists who
have established independent programs
of research as demonstrated by their
publications and their grant award
experiences.
The CSR Early Career Reviewer
program was developed to identify and
train qualified scientists who are early
in their scientific careers and who have
not had prior CSR review experience.
The goals of the program are to expose
these early career scientists to the peer
review experience so that they become
more competitive as applicants as well
as to enrich the existing pool of NIH
reviewers. Currently, online application
software, the Early Career Reviewer
Application and Vetting System, is
accessed online by applicants to the
Early Career Reviewer Program who
provide their names, contact
information, a description of their areas
of expertise, their study section
preferences, professional Curriculum
Vitae and links to their professional
Web site. This Information Collection
Request (ICR) is to continue to use the
Early Career Reviewer Application and
Vetting System to process applications
for the Early Career Reviewer program.
OMB approval is requested for 3
years. There are no costs to respondents
other than their time. The total
estimated annualized burden hours are
450.
within 60 days of the date of this
publication.
Notice.
In compliance with the
requirement of the Paperwork
Reduction Act of 1995 to provide
opportunity for public comment on
proposed data collection projects,
Center for Scientific Review, the
National Institutes of Health (NIH) will
publish periodic summaries of proposed
projects to be submitted to the Office of
Management and Budget (OMB) for
review and approval.
DATES: Comments regarding this
information collection are best assured
of having their full effect if received
SUMMARY:
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
respondents
Type of respondent
Number of
responses per
respondent
Average time
per response
(in hours)
Total annual
burden hour
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Applicants ........................................................................................................
1,080
1
25/60
450
Total ..........................................................................................................
1,080
1,080
........................
450
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
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E:\FR\FM\29DEN1.SGM
29DEN1
Agencies
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96018-96020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31627]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2000-D-0103]
Botanical Drug Development; Guidance for Industry; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of availability.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a guidance for industry entitled ``Botanical Drug
Development.'' This guidance describes FDA's current thinking on
appropriate development plans for botanical drugs to be submitted in
new drug applications (NDAs) and specific recommendations for
submitting investigational new drug applications (INDs) to support
future NDA submissions for botanical drugs. In addition, this guidance
provides general information on the over-the-counter (OTC) drug
monograph system for botanical drugs. Although this guidance does not
intend to provide recommendations specific to botanical drugs to be
marketed under biologics license applications (BLAs), many scientific
principles described in this guidance may also apply to these products.
This guidance replaces the guidance for industry entitled ``Botanical
Drug Products'' issued in June 2004 and finalizes the August 2015 draft
guidance entitled ``Botanical Drug Development.''
DATES: Submit either electronic or written comments on Agency guidances
at any time.
ADDRESSES: You may submit comments as follows:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
[[Page 96019]]
Instructions: All submissions received must include the Docket No.
FDA-2000-D-0103 for ``Botanical Drug Development.'' Received comments
will be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, 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 guidance document.
FOR FURTHER INFORMATION CONTACT: Sau L. Lee, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 22, Rm. 2128, Silver Spring, MD 20993-0002, 301-796-2905.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a guidance for industry
entitled ``Botanical Drug Development.'' This guidance describes the
current thinking of the Center for Drug Evaluation and Research (CDER)
on appropriate development plans for botanical drugs to be submitted in
NDAs and specific recommendations on submitting INDs in support of
future NDA submissions for botanical drugs. In addition, this guidance
provides general information on the OTC drug monograph system for
botanical drugs. Although this guidance does not intend to provide
recommendations specific to botanical drugs to be marketed under BLAs,
many scientific principles described in this guidance may also apply to
these products.
This guidance specifically discusses several areas in which, due to
the unique nature of botanical drugs, the Agency finds it appropriate
to apply regulatory policies that differ from those applied to
nonbotanical drugs, such as synthetic, semi-synthetic, or otherwise
highly purified or chemically modified drugs, including antibiotics
derived from microorganisms. Because this guidance focuses on
considerations unique to botanical drugs, policies and recommendations
applicable to both botanical and nonbotanical drugs are generally not
covered in this document.
In the Federal Register of August 17, 2015 (80 FR 49240), FDA
issued and sought comment on a draft guidance that revised the final
guidance for industry ``Botanical Drug Products'' issued in June 2004.
This guidance finalizes the August 2015 draft guidance ``Botanical Drug
Development'' and replaces the June 2004 final guidance. The June 2004
final guidance, August 2015 draft guidance, and related public comments
are publicly available in Docket No. FDA-2000-D-0103. The general
approach to botanical drug development has remained unchanged since
2004; however, based on improved understanding of botanical drugs and
experience acquired in the reviews of NDAs and INDs for these drugs,
specific recommendations have been modified and new sections have been
added to this guidance to better address late-phase development and NDA
submission for botanical drugs. This guidance also addresses the minor
comments received from stakeholders on the 2015 draft guidance and
provides clarity on the application of the fixed-dose drug combination
rule to botanicals.
This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on botanical drug development. It does not
establish any rights for any person and is not binding on FDA or the
public. You can use an alternative approach if it 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 found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
guidance explains the circumstances under which FDA regulations require
approval of an NDA for marketing a botanical drug product and when such
a product may be marketed under an OTC drug monograph. The regulations
governing the preparation and submission of an NDA are in part 314 (21
CFR part 314), and the guidance does not contain any recommendations
that exceed the requirements of these regulations. FDA has estimated
the information collection requirements resulting from the preparation
and submission of an NDA, and OMB has approved the burden under OMB
control number 0910-0001. FDA anticipates that any NDAs submitted for
botanical drug products would be included under the burden estimates
approved by OMB for part 314.
The regulations on the procedures for classifying OTC drugs as
generally recognized as safe and effective and not misbranded, and for
establishing OTC drug monographs, are set forth in Sec. 330.10 (21 CFR
330.10). FDA believes that any botanical drug products that may be
eligible for inclusion in an OTC drug monograph under current Sec.
330.10 have already been or are presently being considered for such
inclusion.
The guidance also provides scientific and regulatory guidance to
sponsors on conducting clinical investigations of botanical drugs. The
regulations governing the preparation and submission of INDs are in
part 312 (21 CFR part 312). The guidance does not
[[Page 96020]]
contain any recommendations that exceed the requirements in those
regulations. FDA has estimated the information collection requirements
resulting from the preparation and submission of an IND under part 312,
and OMB has approved the reporting and recordkeeping burden under OMB
control number 0910-0014.
III. Electronic Access
Persons with access to the Internet may obtain the guidance at
either https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or
https://www.regulations.gov.
Dated: December 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-31627 Filed 12-28-16; 8:45 am]
BILLING CODE 4164-01-P