Rules and Regulations. Notice of availability

Agency: Food and Drug Administration, HHS
Action: Notice of availability
Citation: FR Doc. 2024-12354 · Docket No. FDA-2024-D-2221

Summary

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft document entitled “Standardized Format for Electronic Submission for Marketing Applications Content for the Planning of Bioresearch Monitoring (BIMO) Inspections for Center for Biologics Evaluation and Research Submissions.” The draft guidance document and BIMO Technical Conformance Guide provide specifications for the electronic submission of certain data and information in standardized formats. This information is used by FDA's Center for Biologics Evaluation and Research (CBER) in the planning of, and by FDA's Office of Regulatory Affairs (ORA) in the conduct of, BIMO inspections. The draft guidance addresses major ( i.e., pivotal) studies used to support safety and efficacy claims in biologics license applications (BLAs) and new drug applications (NDAs) regulated by CBER, as well as certain supplemental applications containing new clinical study reports. This draft guidance, when finalized, will provide additional information regarding the format to be used for electronic submission of BLA and NDA content for the planning and conduct of CBER BIMO inspections, using the electronic Common Technical Document.

Dates

Submit either electronic or written comments on the draft guidance by August 5, 2024 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.

Supplementary Information

I. Background FDA is announcing the availability of a draft document entitled “Standardized Format for Electronic Submission for Marketing Applications Content for the Planning of Bioresearch Monitoring (BIMO) Inspections for Center for Biologics Evaluation and Research Submissions.” The draft guidance document and BIMO Technical Conformance Guide 1 provide specifications for the electronic submission of certain data and information in standardized formats. This information is used by CBER in the planning of, and by ORA in the conduct of, BIMO inspections. The draft guidance addresses major ( i.e., pivotal) studies used to support safety and efficacy claims in BLAs and NDAs regulated by CBER, as well as certain supplemental applications containing new clinical study reports. 1 The current version of the Bioresearch Monitoring Technical Conformance Guide is available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/bioresearch-monitoring-technical-conformance-guide. To meet its review performance goals in accordance with CBER good review management principles and practices for products covered by the Prescription Drug User Fee Act, CBER generally initiates inspection planning early in the application review process ( i.e., during the filing determination and review planning phase). CBER's inspection planning includes the selection of clinical investigator sites and other regulated entities for onsite inspections, and the preparation of assignment memos and background packages that CBER provides to FDA's ORA, which performs FDA's BIMO inspections. CBER uses the data and information described in this guidance to plan BIMO inspections, including: (1) to facilitate the timely identification of sites for inspection and (2) to ensure the availability of information needed to conduct BIMO inspections by ORA investigators. This draft guidance is being issued consistent with FDA's good guidance practices (GGP) regulation (21 CFR 10.115). However, in section 745A(a) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 379k-1(a)), Congress granted explicit authorization to FDA to specify, in guidance, the electronic format for submissions under section 505(b), (i), or (j) of the FD&C Act (21 U.S.C. 355(b), (i), or (j)) and submissions under section 351(a) or (k) of the Public Health Service Act (42 U.S.C. 262(a) or (k)). Accordingly, to the extent that this guidance, when finalized, provides such requirements, as indicated by the use of the words “must” or “required”, this guidance will not be subject to the usual restrictions in FDA's GGP regulations, such as the requirement that guidances not establish legally enforceable responsibilities (see 21 CFR 10.115(d); see also the guidance for industry entitled “Providing Regulatory Submissions in Electronic Format—Submissions Under Section 745A(a) of the Federal Food, Drug, and Cosmetic Act,” available at https://www.fda.gov/Drugs//GuidanceCompliance/Regulatory/Information/Guidances/default.htm. To comply with GGP regulations and make sure that regulated entities and the public understand that guidance documents are nonbinding, FDA guidances ordinarily contain standard language explaining that guidance documents should be viewed only as recommendations unless specific regulatory or statutory requirements are cited. FDA is not including this standard language in this guidance document because it is not an accurate description of this guidance. Insofar as this guidance specifies the format for electronic submissions pursuant to section 745A(a) of the FD&C Act, when finalized, it will have binding effect. The draft guidance, when finalized, and the BIMO Technical Conformance Guide will represent the current thinking of FDA on standardized format for electronic submission of BLA and NDA content for the planning of BIMO inspections for CBER submissions. II. Paperwork Reduction Act of 1995 While this guidance contains no collection of information, it does refer to previously approved FDA collections of 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 part 312 have been approved under OMB control number 0910-0014; the collections of information in 21 CFR part 314 have been approved under OMB control number 0910-0001; and the collections of information in 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/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: May 31, 2024. Lauren K. Roth, Associate Commissioner for Policy. [FR Doc. 2024-12354 Filed 6-4-24; 8:45 am]