Postapproval Manufacturing Changes to Biosimilar and Interchangeable Biosimilar Products: Questions and Answers; Draft Guidance for Industry; Availability, 59740-59742 [2024-16128]
Download as PDF
59740
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1 2—Continued
Number of
responses per
respondent
Form FDA number/
description
1210.14 ........
1997/Sanitary inspections of
plants.
1993/Application for permit
1815/Permits granted on
certificates.
1
1
1
2.0 .......................................
2
1
1
1
1
1
1
0.5 (30 minutes) ..................
0.5 (30 minutes) ..................
1
1
..............................................
........................
........................
........................
..............................................
306
1210.20 ........
1210.23 ........
Total ......
Number of
respondents
Total
annual
responses
21 CFR
section
Average burden per
response
Total hours
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 2
Number of
recordkeepers
21 CFR section/activity
ddrumheller on DSK120RN23PROD with NOTICES1
1210.15/Pasteurization records ........
1
The Secretary of Health and Human
Services has the discretion to allow
Form FDA 1815, a duly certified
statement signed by an accredited
official of a foreign government, to be
submitted in lieu of Forms FDA 1994
and 1995. In the past, Form FDA 1815
has been submitted in lieu of these
forms. Because we have not received
any Forms FDA 1994 or 1995 in the last
3 years, we assume no more than one
will be submitted annually.
No burden has been estimated for the
tagging requirement in § 1210.22
because the information on the tag is
either supplied by us (permit number)
or is disclosed to third parties as a usual
and customary part of the shipper’s
normal business activities (type of
product, shipper’s name and address).
Under 5 CFR 1320.3(c)(2), the public
disclosure of information originally
supplied by the Federal Government to
the recipient for the purpose of
disclosure to the public is not subject to
review by OMB under the PRA. Under
5 CFR 1320.3(b)(2)), the time, effort, and
financial resources necessary to comply
with a collection of information are
excluded from the burden estimate if
the reporting, recordkeeping, or
disclosure activities needed to comply
are usual and customary because they
would occur in the normal course of
business activities.
Based on a review of the information
collection since our last OMB approval,
we have retained our burden estimate.
The estimated number of respondents
and hours per response are based on our
experience with the import milk permit
program and the average number of
1 There are no capital costs or operating and
maintenance costs associated with this collection of
information.
2 Numbers have been rounded.
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18:47 Jul 22, 2024
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Number of
records per
recordkeeper
Total
annual
records
1
Average burden per
recordkeeping
1
Total hours
0.05 (3 minutes) ...............................
1
import milk permit holders over the
past 3 years. However, we have not
received any responses in the last 3
years; therefore, we estimate that one or
fewer to be submitted annually.
Although we have not received any
responses in the last 3 years, we believe
these information collection provisions
should be extended to provide for the
potential future need for a milk
importer.
biosimilar products licensed under the
Public Health Service Act (PHS Act).
DATES: Submit either electronic or
written comments on the draft guidance
by September 23, 2024 to ensure that
the Agency considers your comment on
this draft guidance before it begins work
on the final version of the guidance.
ADDRESSES: You may submit comments
on any guidance at any time as follows:
Dated: July 17, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
Electronic Submissions
[FR Doc. 2024–16101 Filed 7–22–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2024–D–2581]
Postapproval Manufacturing Changes
to Biosimilar and Interchangeable
Biosimilar Products: Questions and
Answers; Draft Guidance for Industry;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of availability.
The Food and Drug
Administration (FDA or Agency) is
announcing the availability of a draft
guidance for industry entitled
‘‘Postapproval Manufacturing Changes
to Biosimilar and Interchangeable
Biosimilar Products: Questions and
Answers.’’ This draft guidance provides
answers to commonly asked questions
from applicants and other interested
parties regarding postapproval
manufacturing changes made to
biosimilar and interchangeable
SUMMARY:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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:
E:\FR\FM\23JYN1.SGM
23JYN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, 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.’’
Instructions: All submissions received
must include the Docket No. FDA–
2024–D–2581 for ‘‘Postapproval
Manufacturing Changes to Biosimilar
and Interchangeable Biosimilar
Products: Questions and Answers.’’
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
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• 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 Dockets Management
Staff. 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.govinfo.
gov/content/pkg/FR-2015-09-18/pdf/
2015-23389.pdf.
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
VerDate Sep<11>2014
18:47 Jul 22, 2024
Jkt 262001
follow the prompts and/or go to the
Dockets Management Staff, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852,
240–402–7500.
You may submit comments on any
guidance at any time (see 21 CFR
10.115(g)(5)).
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, 10001 New
Hampshire Ave., Hillandale Building,
4th Floor, Silver Spring, MD 20993–
0002; or to the Office of
Communication, Outreach and
Development, Center for Biologics
Evaluation and Research (CBER), 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 the office in processing your
requests. The draft guidance may also be
obtained by mail by calling CBER at 1–
800–835–4709 or 240–402–8010. See
the SUPPLEMENTARY INFORMATION section
for electronic access to the draft
guidance document.
FOR FURTHER INFORMATION CONTACT:
Nidhi Pamidimukkala, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 6652,
Silver Spring, MD 20993–0002, 301–
796–3397, Nidhi.Pamidimukkala@
fda.hhs.gov; or James Myers, Center for
Biologics Evaluation and Research,
Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm.
7301, 240–402–7911.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of
a draft guidance for industry entitled
‘‘Postapproval Manufacturing Changes
to Biosimilar and Interchangeable
Biosimilar Products: Questions and
Answers.’’ This draft guidance provides
answers to commonly asked questions
from applicants and other interested
parties regarding postapproval
manufacturing changes (referred to as
manufacturing changes throughout this
notice) made to biosimilar and
interchangeable biosimilar products
licensed under section 351(k) of the
PHS Act (42 U.S.C. 262(k)). FDA is
publishing this draft guidance to fulfill
the commitment made in the 2022
reauthorization of the Biosimilar User
Fee Act (BsUFA III, Title IV—Fees
Relating to Biosimilar Biological
Products, Pub. L. 112–144) for fiscal
years 2023 through 2027. This draft
guidance is intended to inform
applicants on the nature and type of
PO 00000
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Fmt 4703
Sfmt 4703
59741
information, for different reporting
categories, that applicants should
provide to support manufacturing
changes to licensed biosimilars and
licensed interchangeable biosimilars.
In the Federal Register of September
20, 2021 (86 FR 52154), FDA published
the notice of availability of a guidance
for industry entitled ‘‘Questions and
Answers on Biosimilar Development
and the BPCI Act,’’ available at https://
www.fda.gov/media/119258/download
(Q&A biosimilar development guidance)
to provide answers to commonly asked
questions from applicants and other
interested parties regarding the
licensure of biosimilars under the
Biologics Price Competition and
Innovation Act of 2009. Postapproval
manufacturing changes to biosimilars
was the subject of Q&A I.20 in the Q&A
biosimilar development guidance. FDA
did not provide recommendations for
interchangeable biosimilar products
because FDA had limited knowledge
and experience regarding manufacturing
changes for licensed interchangeable
biosimilar products when that guidance
issued. FDA has since determined that
the principles that apply to
manufacturing changes for biosimilars
are relevant to interchangeable
biosimilar products. Thus, this draft
guidance applies to manufacturing
changes made to both licensed
biosimilar and licensed interchangeable
biosimilar products.
FDA may withdraw a Q&A that was
previously in a guidance if FDA
determines that the issue described in
the Q&A is addressed in another
guidance. Therefore, FDA intends to
withdraw Q&A I.20 from the Q&A
biosimilar development guidance when
this draft guidance becomes final. FDA
intends for this draft guidance to serve
as a stand-alone guidance from the Q&A
biosimilar development guidance and
will not retain the same numbering of
that guidance.
This draft guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent the current thinking of FDA
on ‘‘Postapproval Manufacturing
Changes to Biosimilar and
Interchangeable Biosimilar Products:
Questions and Answers.’’ 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. Paperwork Reduction Act of 1995
While this guidance contains no
collection of information, it does refer to
previously approved FDA collections of
E:\FR\FM\23JYN1.SGM
23JYN1
59742
Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices
information. The previously approved
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3501–3521). The collections of
information in 21 CFR 201.56 and
201.57 pertaining to prescription
product labeling requirements have
been approved under OMB control
number 0910–0572; the collections of
information in 21 CFR parts 210 and
211 pertaining to current good
manufacturing practice have been
approved under OMB control number
0910–0139; the collections of
information in section 351(k) of the PHS
Act pertaining to biosimilar and
interchangeable biosimilar product
applications have been approved under
OMB control number 0910–0718; and
the collections of information in section
351 of the PHS Act and 21 CFR part 601
have been approved under OMB control
number 0910–0338.
III. Electronic Access
Persons with access to the internet
may obtain the draft guidance at https://
www.fda.gov/drugs/guidancecompliance-regulatory-information/
guidances-drugs, https://www.fda.gov/
vaccines-blood-biologics/guidancecompliance-regulatory-informationbiologics/biologics-guidances, https://
www.fda.gov/regulatory-information/
search-fda-guidance-documents, or
https://www.regulations.gov.
Dated: July 16, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
the Paperwork Reduction Act of 1995
(PRA).
FOR FURTHER INFORMATION CONTACT:
Amber Sanford, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–8867, PRAStaff@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: On
December 21, 2023, the Agency
submitted a proposed collection of
information entitled ‘‘Survey on
Quantitative Claims in Direct-toConsumer Prescription Drug
Advertising’’ 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 0910–0929. The
approval expires on June 30, 2027. A
copy of the supporting statement for this
information collection is available on
the internet at https://www.reginfo.gov/
public/do/PRAMain.
Dated: July 17, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–16096 Filed 7–22–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[FR Doc. 2024–16128 Filed 7–22–24; 8:45 am]
[Docket No. FDA–2024–N–2931]
BILLING CODE 4164–01–P
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Microbiological
Testing and Corrective Measures for
Bottled Water
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
AGENCY:
[Docket No. FDA–2023–N–0795]
Agency Information Collection
Activities; Announcement of Office of
Management and Budget Approval;
Survey on Quantitative Claims in
Direct-to-Consumer Prescription Drug
Advertising
AGENCY:
Food and Drug Administration,
ddrumheller on DSK120RN23PROD with NOTICES1
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing that a collection of
information entitled ‘‘Electronic
Records: Electronic Signatures’’ has
been approved by the Office of
Management and Budget (OMB) under
SUMMARY:
VerDate Sep<11>2014
18:47 Jul 22, 2024
Jkt 262001
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA, Agency, or we) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal Agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment in
response to the notice. This notice
solicits comments on the procedure by
which both domestic and foreign bottled
SUMMARY:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
water manufacturers that sell bottled
water in the United States maintain
records of microbiological testing and
corrective measures, in addition to
existing recordkeeping requirements.
DATES: Either electronic or written
comments on the collection of
information must be submitted by
September 23, 2024.
ADDRESSES: You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. The https://
www.regulations.gov electronic filing
system will accept comments until
11:59 p.m. Eastern Time at the end of
September 23, 2024. Comments received
by mail/hand delivery/courier (for
written/paper submissions) will be
considered timely if they are received
on or before that date.
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): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, 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\23JYN1.SGM
23JYN1
Agencies
[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Notices]
[Pages 59740-59742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16128]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2024-D-2581]
Postapproval Manufacturing Changes to Biosimilar and
Interchangeable Biosimilar Products: Questions and Answers; Draft
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 draft guidance for industry entitled
``Postapproval Manufacturing Changes to Biosimilar and Interchangeable
Biosimilar Products: Questions and Answers.'' This draft guidance
provides answers to commonly asked questions from applicants and other
interested parties regarding postapproval manufacturing changes made to
biosimilar and interchangeable biosimilar products licensed under the
Public Health Service Act (PHS Act).
DATES: Submit either electronic or written comments on the draft
guidance by September 23, 2024 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.
ADDRESSES: You may submit comments on any guidance at any time 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:
[[Page 59741]]
Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Dockets
Management Staff, 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.''
Instructions: All submissions received must include the Docket No.
FDA-2024-D-2581 for ``Postapproval Manufacturing Changes to Biosimilar
and Interchangeable Biosimilar Products: Questions and Answers.''
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 Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday, 240-402-7500.
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 Dockets Management Staff. 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.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
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 Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, 240-402-7500.
You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
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, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), 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 the office in processing
your requests. The draft guidance may also be obtained by mail by
calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.
FOR FURTHER INFORMATION CONTACT: Nidhi Pamidimukkala, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 6652, Silver Spring, MD 20993-0002, 301-
796-3397, [email protected]; or James Myers, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, 240-402-7911.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
entitled ``Postapproval Manufacturing Changes to Biosimilar and
Interchangeable Biosimilar Products: Questions and Answers.'' This
draft guidance provides answers to commonly asked questions from
applicants and other interested parties regarding postapproval
manufacturing changes (referred to as manufacturing changes throughout
this notice) made to biosimilar and interchangeable biosimilar products
licensed under section 351(k) of the PHS Act (42 U.S.C. 262(k)). FDA is
publishing this draft guidance to fulfill the commitment made in the
2022 reauthorization of the Biosimilar User Fee Act (BsUFA III, Title
IV--Fees Relating to Biosimilar Biological Products, Pub. L. 112-144)
for fiscal years 2023 through 2027. This draft guidance is intended to
inform applicants on the nature and type of information, for different
reporting categories, that applicants should provide to support
manufacturing changes to licensed biosimilars and licensed
interchangeable biosimilars.
In the Federal Register of September 20, 2021 (86 FR 52154), FDA
published the notice of availability of a guidance for industry
entitled ``Questions and Answers on Biosimilar Development and the BPCI
Act,'' available at https://www.fda.gov/media/119258/download (Q&A
biosimilar development guidance) to provide answers to commonly asked
questions from applicants and other interested parties regarding the
licensure of biosimilars under the Biologics Price Competition and
Innovation Act of 2009. Postapproval manufacturing changes to
biosimilars was the subject of Q&A I.20 in the Q&A biosimilar
development guidance. FDA did not provide recommendations for
interchangeable biosimilar products because FDA had limited knowledge
and experience regarding manufacturing changes for licensed
interchangeable biosimilar products when that guidance issued. FDA has
since determined that the principles that apply to manufacturing
changes for biosimilars are relevant to interchangeable biosimilar
products. Thus, this draft guidance applies to manufacturing changes
made to both licensed biosimilar and licensed interchangeable
biosimilar products.
FDA may withdraw a Q&A that was previously in a guidance if FDA
determines that the issue described in the Q&A is addressed in another
guidance. Therefore, FDA intends to withdraw Q&A I.20 from the Q&A
biosimilar development guidance when this draft guidance becomes final.
FDA intends for this draft guidance to serve as a stand-alone guidance
from the Q&A biosimilar development guidance and will not retain the
same numbering of that guidance.
This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Postapproval
Manufacturing Changes to Biosimilar and Interchangeable Biosimilar
Products: Questions and Answers.'' 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. Paperwork Reduction Act of 1995
While this guidance contains no collection of information, it does
refer to previously approved FDA collections of
[[Page 59742]]
information. The previously approved collections of information are
subject to review by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521). The
collections of information in 21 CFR 201.56 and 201.57 pertaining to
prescription product labeling requirements have been approved under OMB
control number 0910-0572; the collections of information in 21 CFR
parts 210 and 211 pertaining to current good manufacturing practice
have been approved under OMB control number 0910-0139; the collections
of information in section 351(k) of the PHS Act pertaining to
biosimilar and interchangeable biosimilar product applications have
been approved under OMB control number 0910-0718; and the collections
of information in section 351 of the PHS Act and 21 CFR part 601 have
been approved under OMB control number 0910-0338.
III. Electronic Access
Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.
Dated: July 16, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024-16128 Filed 7-22-24; 8:45 am]
BILLING CODE 4164-01-P