Notice2022-23727
Agency Information Collection Activities; Proposed Collection; Comment Request; Special Protocol Assessment; Guidance for Industry
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Published
November 1, 2022
Issuing agencies
Health and Human Services DepartmentFood and Drug Administration
Abstract
The Food and Drug Administration (FDA or Agency) 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 information collection in the guidance for industry entitled "Special Protocol Assessment" (Revision 1).
Full Text
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Notices]
[Pages 65779-65781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23727]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2016-N-3535]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Special Protocol Assessment; Guidance for Industry
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
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SUMMARY: The Food and Drug Administration (FDA or Agency) 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 information collection in the guidance
for industry entitled ``Special Protocol Assessment'' (Revision 1).
DATES: Either electronic or written comments on the collection of
information must be submitted by January 3, 2023.
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of January 3, 2023. 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:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> 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:
<bullet> 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.
<bullet> 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.
2016-N-3535 for ``Special Protocol Assessment'' (Revision 1). Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday, 240-402-7500.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf">https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf</a>.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852, 240-994-7399,
<a href="/cdn-cgi/l/email-protection#6b3b392a381f0a0d0d2b0d0f0a45030318450c041d"><span class="__cf_email__" data-cfemail="d080829183a4b1b6b690b6b4b1feb8b8a3feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this
[[Page 65780]]
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
With respect to the following collection of information, FDA
invites 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.
Special Protocol Assessment
OMB Control Number 0910-0470--Extension
This information collection request supports Agency guidance
entitled ``Special Protocol Assessment'' (Revision 1) (2018) that
describes Agency procedures to evaluate issues related to the adequacy
(e.g., design, conduct, analysis) of certain proposed studies. The
guidance (available at <a href="https://www.fda.gov/media/97618/download">https://www.fda.gov/media/97618/download</a>)
describes procedures for sponsors to request special protocol
assessment and for FDA to act on such requests. The guidance provides
information on how FDA interprets and applies provisions of the Food
and Drug Administration Modernization Act and specific Prescription
Drug User Fee Act (PDUFA) goals for special protocol assessment
associated with the development and review of PDUFA products. The
guidance describes the following two collections of information: (1)
the submission of a notice of intent to request special protocol
assessment of a carcinogenicity protocol; and (2) the submission of a
request for special protocol assessment.
I. Notification for a Carcinogenicity Protocol
As described in the guidance, a sponsor interested in an FDA
assessment of a carcinogenicity protocol should notify the appropriate
division in FDA's Center for Drug Evaluation and Research (CDER) or the
Center for Biologics Evaluation and Research (CBER) of an intent to
request special protocol assessment at least 30 days prior to
submitting the request. With such notification, the sponsor should
submit relevant background information so that FDA may review reference
material related to carcinogenicity protocol design before receiving
the carcinogenicity protocol.
II. Request for Special Protocol Assessment
The guidance asks that a request for special protocol assessment be
submitted as an amendment to the investigational new drug application
(IND) for the underlying product and that it be submitted to FDA in
triplicate along with Form FDA 1571.\1\ The guidance also suggests that
the sponsor submit the cover letter to a request for special protocol
assessment via Fax to the appropriate division in CDER or CBER. FDA
regulations (21 CFR 312.23(d)) state that information provided to us as
part of an IND is to be submitted in triplicate and with the
appropriate cover form (Form FDA 1571). An IND is submitted to FDA
under existing regulations in part 312 (21 CFR part 312), which
specifies the information that manufacturers must submit so that FDA
may properly evaluate the safety and effectiveness of investigational
drugs and biological products. The information collection requirements
resulting from the preparation and submission of an IND under part 312
have been estimated by FDA, and the reporting and recordkeeping burden
has been approved by OMB under OMB control number 0910-0014.
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\1\ Form FDA 1571 is available at <a href="https://www.fda.gov/media/116608/download">https://www.fda.gov/media/116608/download</a>.
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FDA suggests that the cover letter to the request for special
protocol assessment be submitted via Fax to the appropriate division in
CDER or CBER to enable FDA staff to prepare for the arrival of the
protocol for assessment. FDA recommends that a request for special
protocol assessment be submitted as an amendment to an IND for two
reasons: (1) to ensure that each request is kept in the administrative
file with the entire IND and (2) to ensure that pertinent information
about the request is entered into the appropriate tracking databases.
Use of the information in FDA's tracking databases enables the
appropriate Agency official to monitor progress on the evaluation of
the protocol and to ensure that appropriate steps will be taken in a
timely manner.
The guidance recommends that the following information should be
submitted to the appropriate CBER or CDER division with each request
for special protocol assessment so that the division may quickly and
efficiently respond to the request:
<bullet> Questions to FDA concerning specific issues regarding the
protocol.
<bullet> All data, assumptions, and information needed to permit an
adequate evaluation of the protocol, including: (1) the role of the
study in the overall development of the drug; (2) information
supporting the proposed trial, including power calculations, the choice
of study endpoints, and other critical design features; (3) regulatory
outcomes that could be supported by the results of the study; (4) final
labeling that could be supported by the results of the study; and (5)
for a stability protocol, product characterization, and relevant
manufacturing data.
Description of Respondents: A sponsor, applicant, or manufacturer
of a drug or biologic product that FDA regulates under the Federal
Food, Drug, and Cosmetic Act or section 351 of the Public Health
Service Act (42 U.S.C. 262) requesting special protocol assessment.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
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Number of Average
Information collection activity; Number of responses per Total annual burden per Total hours
guidance document section respondents respondent responses response
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Notification for Carcinogenicity 99 0.94 93 8 744
Protocols; Sections III. and V.
Requests for Special Protocol 100 1.54 154 15 2,310
Assessment Reports; Sections
IV. and VI.....................
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[[Page 65781]]
Total....................... .............. .............. 247 .............. 3,054
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
Burden Estimate: Table 1 provides an estimate of the annual
reporting burden for notifications for a carcinogenicity protocol and
requests for a special protocol assessment.
Notification for a Carcinogenicity Protocol: Based on the number of
notifications for carcinogenicity protocols and the number of
carcinogenicity protocols currently submitted to CDER and CBER, CDER
estimates that it will receive approximately 92 notifications of an
intent to request special protocol assessment of a carcinogenicity
protocol per year from approximately 98 sponsors. CBER estimates that
it will receive approximately one notification of an intent to request
special protocol assessment of a carcinogenicity protocol per year from
approximately one sponsor. The hours per response, which is the
estimated number of hours that a sponsor would spend preparing the
notification and background information to be submitted in accordance
with the guidance, is estimated to be approximately 8 hours.
Requests for Special Protocol Assessment: Based on the number of
requests for special protocol assessment currently submitted to CDER
and CBER, CDER estimates that it will receive approximately 152
requests for special protocol assessment per year from approximately 98
sponsors. CBER estimates that it will receive approximately two
requests from approximately two sponsors. The hours per response is the
estimated number of hours that a respondent would spend preparing the
information to be submitted with a request for special protocol
assessment, including the time it takes to gather and copy questions to
be posed to the Agency regarding the protocol and data, assumptions,
and information needed to permit an adequate evaluation of the
protocol. Based on our experience with these submissions, we estimate
approximately 15 hours on average would be needed per response.
The information collection reflects an adjustment decrease in
burden by 196 hours. We attribute this adjustment to a decrease in the
number of notifications for carcinogenicity protocols and an increase
in the number of requests for special protocol assessment reports we
received over the last few years.
Dated: October 25, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-23727 Filed 10-31-22; 8:45 am]
BILLING CODE 4164-01-P
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