[Federal Register: October 18, 2002 (Volume 67, Number 202)]
[Notices]               
[Page 64390-64392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc02-83]                         


[[Page 64390]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 02N-0302 ]

 
Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Guidance for Industry on Formal Meetings With 
Sponsors and Applicants for Prescription Drug User Fee Act Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that the 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Submit written comments on the collection of information by 
November 18, 2002.

ADDRESSES: Submit written comments on the collection of information to 
the Office of Information and Regulatory Affairs, OMB, New Executive 
Office Bldg., 725 17th St. NW. rm. 10235, Washington, DC 20503, Attn: 
Stuart Shapiro, Desk Officer for FDA.

FOR FURTHER INFORMATION CONTACT: Karen L. Nelson, Office of Information 
Resources Management (HFA-250), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-827-1482.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Guidance for Industry on Formal Meetings With Sponsors and Applicants 
for Prescription Drug User Fee Act (PDUFA) Products--(OMB Control 
Number 0910-0429)--Extension

    This information collection approval request is for a FDA guidance 
on the procedures for formal meetings between FDA and sponsors or 
applicants regarding the development and review of Prescription Drug 
User Fee Act (PDUFA) products. The guidance describes procedures for 
requesting, scheduling, conducting, and documenting such formal 
meetings. The guidance provides information on how the agency will 
interpret and apply section 119(a) of the Food and Drug Administration 
Modernization Act (the Modernization Act), specific PDUFA goals for the 
management of meetings associated with the review of human drug 
applications for PDUFA products, and provisions of existing regulations 
describing certain meetings (Sec. Sec.  312.47 and 312.82 (21 CFR 
312.47 and 312.82)).
    The guidance describes two collections of information: The 
submission of a meeting request containing certain information and the 
submission of an information package in advance of the formal meeting. 
Agency regulations at Sec.  312.47(b)(1)(ii), (b)(1)(iv), and (b)(2) 
describe information that should be submitted in support of a request 
for an end-of-phase 2 meeting and a pre-NDA (new drug application) 
meeting. The information collection provisions of Sec.  312.47 have 
been approved by OMB (OMB control number 0910-0014). However, the 
guidance provides additional recommendations for submitting information 
to FDA in support of a meeting request. As a result, FDA is submitting 
additional estimates for OMB approval.

A. Request for a Meeting

    Under the guidance, a sponsor or applicant interested in meeting 
with the Center for Drug Evaluation and Research (CDER) or the Center 
for Biologics Evaluation and Research (CBER) should submit a meeting 
request to the appropriate FDA component as an amendment to the 
underlying application. FDA regulations (Sec. Sec.  312.23, 314.50, and 
601.2 (21 CFR 312.23, 314.50, and 601.2)) state that information 
provided to the agency as part of an investigational new drug 
application (IND), NDA, or biological license application (BLA) must be 
submitted in triplicate and with an appropriate cover form. Form FDA 
1571 must accompany submissions under INDs and Form FDA 356h must 
accompany submissions under NDAs and BLAs. Both forms have valid OMB 
control numbers as follows: FDA Form 1571, OMB control number 0910-
0014, expires September 30, 2002; and FDA Form 356h, OMB control number 
0910-0001, expires March 31, 2005, OMB control number 0910-338, which 
expires March 31, 2003.
    In the guidance document, CDER and CBER ask that a request for a 
formal meeting be submitted as an amendment to the application for the 
underlying product under the requirements of Sec. Sec.  312.23, 314.50, 
and 601.2; therefore, requests should be submitted to the agency in 
triplicate with the appropriate form attached, either Form FDA 1571 or 
Form FDA 356h. The agency recommends that a request be submitted in 
this manner for two reasons: (1) To ensure that each request is kept in 
the administrative file with the entire underlying application, and (2) 
to ensure that pertinent information about the request is entered into 
the appropriate tracking databases. Use of the information in the 
agency's tracking databases enables the agency to monitor progress on 
the activities attendant to scheduling and holding a formal meeting and 
to ensure that appropriate steps will be taken in a timely manner.
    Under the guidance, the agency requests that sponsors and 
applicants include in meeting requests certain information about the 
proposed meeting. Such information includes:
    [sbull] Information identifying and describing the product;
    [sbull] The type of meeting being requested;
    [sbull] A brief statement of the purpose of the meeting;
    [sbull] A list of objectives and expected outcomes from the 
meeting;
    [sbull] A preliminary proposed agenda;
    [sbull] A draft list of questions to be raised at the meeting;
    [sbull] A list of individuals who will represent the sponsor or 
applicant at the meeting;
    [sbull] A list of agency staff requested to be in attendance;
    [sbull] The approximate date that the information package will be 
sent to the agency; and
    [sbull] Suggested dates and times for the meeting.
    This information will be used by the agency to determine the 
utility of the meeting, to identify agency staff necessary to discuss 
proposed agenda items, and to schedule the meeting.

B. Information Package

    A sponsor or applicant submitting an information package to the 
agency in advance of a formal meeting should provide summary 
information relevant to the product and supplementary information 
pertaining to any issue raised by the sponsor, applicant, or agency. 
The agency recommends that information packages generally include:
    [sbull] Identifying information about the underlying product;
    [sbull] A brief statement of the purpose of the meeting;
    [sbull] A list of objectives and expected outcomes of the meeting;
    [sbull] A proposed agenda for the meeting;
    [sbull] A list of specific questions to be addressed at the 
meeting;
    [sbull] A summary of clinical data that will be discussed (as 
appropriate);
    [sbull] A summary of preclinical data that will be discussed (as 
appropriate); and
    [sbull] Chemistry, manufacturing, and controls information that may 
be discussed (as appropriate).
    The purpose of the information package is to provide agency staff 
the

[[Page 64391]]

opportunity to adequately prepare for the meeting, including the review 
of relevant data concerning the product. Although FDA reviews similar 
information in the meeting request, the information package should 
provide updated data that reflect the most current and accurate 
information available to the sponsor or applicant. The agency finds 
that reviewing such information is critical to achieving a productive 
meeting.
    The collection of information described in the guidance reflects 
the current and past practice of sponsors and applicants to submit 
meeting requests as amendments to INDs, NDAs, and BLAs and to submit 
background information prior to a scheduled meeting. Agency regulations 
currently permit such requests and recommend the submission of an 
information package before an end-of-phase 2 meeting (Sec.  
312.47(b)(1)(ii) and (b)(1)(iv)) and a pre-NDA meeting (Sec.  
312.47(b)(2)).
    Description of respondents: A sponsor or applicant for a drug or 
biological product who requests a formal meeting with the agency 
regarding the development and review of a PDUFA product.
    Burden estimate: Provided in table 1 of this document is an 
estimate of the annual reporting burden for the submission of meeting 
requests and information packages under the guidance.

C. Request for a Formal Meeting

    Based on data collected from the review divisions and offices 
within CDER and CBER, FDA estimates that approximately 500 sponsors and 
applicants (respondents) request approximately 1,253 formal meetings 
with CDER annually and approximately 176 respondents request 
approximately 388 formal meetings with CBER annually regarding the 
development and review of a PDUFA product. The hours per response, 
which is the estimated number of hours that a respondent would spend 
preparing the information to be submitted with a meeting request in 
accordance with the guidance, is estimated to be approximately 10 
hours. Based on FDA's experience, the agency expects it will take 
respondents this amount of time to gather and copy brief statements 
about the product and a description of the purpose and details of the 
meeting.

D. Information Package

    Based on data collected from the review divisions and offices 
within CDER and CBER, FDA estimates that approximately 450 respondents 
submitted approximately 1,118 information packages to CDER annually and 
approximately 155 respondents submitted approximately 341 information 
packages to CBER annually prior to a formal meeting regarding the 
development and review of a PDUFA product. The hours per response, 
which is the estimated number of hours that a respondent would spend 
preparing the information package in accordance with the guidance, is 
estimated to be approximately 18 hours. Based on FDA's experience, the 
agency expects it will take respondents this amount of time to gather 
and copy brief statements about the product, a description of the 
details for the anticipated meeting, and data and information that 
generally would already have been compiled for submission to the 
agency.
    As stated earlier, the guidance provides information on how the 
agency will interpret and apply section 119(a) of the Modernization 
Act, specific PDUFA goals for the management of meetings associated 
with the review of human drug applications for PDUFA products, and 
provisions of existing regulations describing certain meetings 
(Sec. Sec.  312.47 and 312.82). The information collection provisions 
in Sec.  312.47 concerning end-of-phase 2 meetings and pre-NDA meetings 
have been approved by OMB (OMB control number 0910-0014). However, the 
guidance provides additional recommendations for submitting information 
to FDA in support of a meeting request. As a result, FDA is submitting 
for OMB approval these additional estimates.
    In the Federal Register of July 18, 2002 (67 FR 47383), the agency 
requested comments on the proposed collections of information. The 
agency received no comments to the notice.

                                                      Table 1--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Number of        Number of Responses      Total Annual        Hours per
    Meeting Requests and Information Packages      [chyph]Respondents      Per Respondent       [chyph]Responses   [chyph]Response       Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Meeting requests                                   ..................  ......................  ..................  ...............  ....................
CDER                                                     500                     2.5               1,250                 10              12,500
CBER                                                     176                     2.2                 387.2               10               3,872
Total                                              ..................  ......................  ..................  ...............       16,372
--------------------------------------------------------------------------------------------------------------------------------------------------------
Information packages                               ..................  ......................  ..................  ...............  ....................
CDER                                                     450                     2.5               1,125                 18              20,250
CBER                                                     155                     2.2                 341                 18               6,138
Total                                              ..................  ......................  ..................  ...............       26,388
--------------------------------------------------------------------------------------------------------------------------------------------------------
Meeting requests                                   ..................  ......................  ..................  ...............       16,372
Information packages                               ..................  ......................  ..................  ...............       26,388
Total                                              ..................  ......................  ..................  ...............       42,760
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.



[[Page 64392]]

    Dated: October 9, 2002.
Margaret M. Dotzel,
Associate Commissioner for Policy.
[FR Doc. 02-26474 Filed 10-17-02; 8:45 am]
BILLING CODE 4160-01-S