96-30770. Procedures for Issuance of and Review and Response to Materials Submitted in Response to Clinical Hold for Investigational New Drug (IND) Applications; Availability  

  • [Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
    [Notices]
    [Pages 64136-64137]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-30770]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    [Docket No. 96D-0334]
    
    
    Procedures for Issuance of and Review and Response to Materials 
    Submitted in Response to Clinical Hold for Investigational New Drug 
    (IND) Applications; Availability
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Notice.
    
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    SUMMARY: The Food and Drug Administration (FDA) is announcing the 
    availability of two documents entitled ``Centerwide Policy on Issuance 
    of and Response to Clinical Hold Letters for Investigational New Drug 
    Applications'' (OD-R-8-96, Center for Biologics Evaluation and Research 
    (CBER)) and ``IND Process and Review Procedures'' (MAPP 6030.1, Center 
    for Drug Evaluation and Research (CDER)). The documents specify the 
    procedures for the issuance of and review and response to material 
    submitted in response to a notice of clinical hold. It is intended that 
    these documents will clarify the agency's policy in regard to responses 
    to clinical holds. The documents are made available as part of the 
    agency's commitment to review and respond to data submitted in response 
    to a clinical hold within 30 days of receiving the submission, as 
    stated in the November 1995, Presidential National Performance Review 
    report entitled ``Reinventing the Regulation of Drugs Made from 
    Biotechnology.''
    
    ADDRESSES:
        CBER Information: For additional copies of the documents submit 
    written requests to the Manufacturers Assistance and Communication 
    Staff (HFM-42), Center for Biologics Evaluation and Research (CBER), 
    Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-
    1448. Send one self-addressed adhesive label to assist that office in 
    processing your requests. The document may also be obtained by mail or 
    FAX by calling the CBER FAX Information System at 1-888-CBER FAX, or 
    301-827-3844. Persons with access to the Internet may obtain the 
    document using FTP, the World Wide Web (WWW), or bounce-back e-mail. 
    For FTP access, connect to CBER at ``ftp://ftp.fda.gov/CBER/''. For WWW 
    access, connect to CBER at ``http://www.fda.gov/cber/cberftp.html''. 
    For bounce-back e-mail send a message to ``[email protected]''.
        CDER Information: For additional copies of the documents contact 
    the Drug Information Branch (HFD-210), Division of Communications 
    Management, Center for Drug Evaluation and Research (CDER), Food and 
    Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-
    1012. The form may also be obtained by calling the CDER FAX-ON-DEMAND 
    System at 1-800-342-2722, or 1-301-827-0577. An electronic version of 
    the documents is also available via Internet using FTP, Gopher, or the 
    World Wide Web (WWW). For FTP, connect to the CDER anonymous FTP server 
    at cdvs2.cder.fda.gov and change to the ``guidance'' directory. For 
    Gopher, connect to the CDER Gopher server at
    
    [[Page 64137]]
    
    gopher.cder.fda.gov and select the ``Industry Guidance'' menu option. 
    For WWW, connect to the FDA home page at http://www.fda.gov.
        Submit written comments on the documents to the Dockets Management 
    Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 
    1-23, Rockville, MD 20857. Corporations should submit two copies of any 
    comments and individuals may submit one copy. Requests and comments 
    should be identified with the docket number found in brackets in the 
    heading of this document. Copies of the documents and received comments 
    are available for public examination in the Dockets Management Branch 
    (address above) between 9 a.m. and 4 p.m., Monday through Friday.
    FOR FURTHER INFORMATION CONTACT:
         Timothy W. Beth, Center for Biologics Evaluation and Research 
    (HFM-630), Food and Drug Administration, 1401 Rockville Pike, 
    Rockville, MD 20852-1448, 301-594-3074, or
         Murray M. Lumpkin, Center for Drug Evaluation and Research (HFD-
    2), Food and Drug Administration, 1451 Rockville Pike, Rockville, MD 
    20852-1420, 301-594-5417.
    
    SUPPLEMENTARY INFORMATION: The President's November 1995 report, 
    ``Reinventing the Regulation of Drugs Made from Biotechnology,'' 
    outlined changes to the biologics regulations designed to reduce the 
    burden of FDA regulations on industry without reducing public health 
    protection. One of the recommended modifications was to have 
    investigational new drug (IND) reviewers respond within 30 days whether 
    newly submitted information supports the initiation or continuation of 
    a human investigation that the agency has put on clinical hold.
        Companies or individuals that intend to study IND's or biologics in 
    humans generally are required first to submit an IND application to the 
    agency. They may proceed with the study 30 days after the agency 
    receives the application unless FDA puts the study on clinical hold 
    (Sec. 312.42 (21 CFR 312.42).) Section 312.42(a) describes a clinical 
    hold as an ``order issued by FDA to the sponsor to delay a proposed 
    clinical investigation or to suspend an ongoing investigation.'' 
    Section 312.42(d) states that the hold may be relayed to the sponsor by 
    telephone or other rapid means of communication and that FDA will 
    provide a written explanation of the basis of the hold to the sponsor 
    no more than 30 days following the hold. Though Sec. 312.42(d) allows 
    for communication of the reasons for a hold within 30 days following 
    the placement of the hold, both CBER and CDER provide this notification 
    in even shorter timeframes, consistent with the procedures set forth in 
    the CBER and CDER documents. Thus, a researcher or company that intends 
    to begin testing a biologic or new drug in humans, may not begin or 
    continue the study until FDA releases the clinical hold. Removal of the 
    hold may be relayed by telephone or other rapid means of communication 
    unless FDA notified the sponsor in writing that once a correction or 
    modification was made they could proceed as outlined in Sec. 312.42(e).
        In the past, FDA had no internal operating procedures regarding how 
    much time it may take to evaluate data submitted by the sponsor in 
    response to the clinical hold. FDA is committed to promptly reviewing 
    and responding to data submitted in response to a clinical hold and to 
    do so within 30 days of receiving the submission. FDA believes that the 
    30-day period meets the needs of sponsors, will prevent delays during 
    review of data, and will prevent unnecessary delays in the start or 
    continuation of clinical studies. These procedures are contained in 
    CBER's Policy and Procedure Guide, OD-R-8-96, ``Centerwide Policy on 
    Issuance of and Response to Clinical Hold Letters for Investigational 
    New Drug Applications,'' dated August 20, 1996, and in CDER's Manual of 
    Policies and Procedures, MAPP 6030.1, ``IND Process and Review 
    Procedures,'' dated June 20, 1996.
        Although these documents do not create or confer any rights for or 
    on any person and do not operate to bind FDA or the public, they do 
    represent the agency's current thinking on time periods for the review 
    and response to materials submitted in response to clinical hold for 
    IND's.
        Interested persons may submit to the Dockets Management Branch 
    (address above) written comments on the procedure documents. FDA will 
    review the comments received and, if appropriate, consider preparing 
    revised documents based upon that review. Corporations should submit 
    two copies of any comments and individuals may submit one copy. 
    Comments are to be identified with the docket number found in brackets 
    in the heading of this document. Copies of the documents and received 
    comments are available for public examination in the Dockets Management 
    Branch (address above) between 9 a.m. and 4 p.m., Monday through 
    Friday.
    
        Dated: November 19, 1996.
    William B. Schultz,
    Deputy Commissioner for Policy.
    [FR Doc. 96-30770 Filed 12-2-96; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Published:
12/03/1996
Department:
Health and Human Services Department
Entry Type:
Notice
Action:
Notice.
Document Number:
96-30770
Pages:
64136-64137 (2 pages)
Docket Numbers:
Docket No. 96D-0334
PDF File:
96-30770.pdf