[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Page 26703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12832]
[[Page 26703]]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2009-D-0125]
Draft Guidance for Industry and Researchers on the Radioactive
Drug Research Committee: Human Research Without an Investigational New
Drug Application; 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availability of a draft guidance for industry and researchers entitled
``The Radioactive Drug Research Committee: Human Research Without an
Investigational New Drug Application.'' This draft guidance provides
information to those using radioactive drugs for certain research
purposes to help determine whether research studies may be conducted
under an FDA-approved radioactive drug research committee, or whether
research studies must be conducted under an investigational new drug
application (IND). It also offers answers to frequently asked questions
on conducting research with radioactive drugs, and provides information
on the membership, functions, and reporting requirements of a
radioactive drug research committee approved by FDA.
DATES: Although you can comment on any guidance at any time (see 21
CFR 10.115(g)(5)), to ensure that the agency considers your comments on
this draft guidance before it begins work on the final version of the
guidance, submit written or electronic comments on the draft guidance
by September 1, 2009.
ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug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, 10903 New
Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. Submit written comments on the draft guidance to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
comments to http://www.regulations.gov. See the SUPPLEMENTARY
INFORMATION section for electronic access to the draft guidance
document.
FOR FURTHER INFORMATION CONTACT: Orhan Suleiman, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, rm. 2206, Silver Spring, MD 20993-0002, 301-
796-1471.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a draft guidance for industry
and researchers entitled ``The Radioactive Drug Research Committee:
Human Research Without an Investigational New Drug Application.''
On July 25, 1975 (40 FR 31298), FDA changed the conditions under
which new radioactive drug and biological products could be used. The
Agency terminated a 1963 order from the Commissioner of Food and Drugs
(28 FR 183; January 8, 1963) that had exempted radioactive new drug and
biological products for investigational use in humans from new drug
requirements (part 312 (21 CFR part 312)), as long as they were shipped
consistent with regulations issued by the Atomic Energy Commission
(AEC). FDA and AEC had agreed that all radioactive drugs and biological
products should now become subject to the same requirements for
investigational use as other new drugs under section 505 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355) and section 351 of the
Public Health Service Act (42 U.S.C. 262). Simultaneously, the agency
issued regulations (Sec. 361.1 (21 CFR 361.1)) explaining when
radioactive drugs for basic science and medical research would not be
subject to the same requirements for investigational use as other new
drugs.
Today, research studies with a radioactive drug or biological
products may be conducted in a number of ways: (1) Under an IND (part
312), (2) exempt from IND requirements (Sec. 312.2), or (3) under
certain conditions, with the supervision and approval of an FDA-
approved Radioactive Drugs Research Committee (RDRC) (Sec. 361.1).
This guidance discusses the conditions under which research with a
radioactive drug may be conducted under Sec. 361.1. Appendices to the
guidance answer frequently asked questions about those conditions and
provide additional information on RDRCs. Appendix A of the draft
guidance answers questions on basic science research with radioactive
drugs. Appendix B addresses approval by the RDRC and the information
that must be submitted by investigators to the RDRC. Appendix C
discusses the limits on the pharmacological dose, and Appendix D
discusses the limits on the radiation dose. Each of these appendices
also includes a summary of the regulations. Appendix E provides
information on the membership, functions, reports, and monitoring of an
RDRC. The final appendix, Appendix F, is an RDRC review criteria
checklist, indicating the areas on which the RDRC will focus when
considering a proposed research study.
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 agency's current thinking on determining
whether human research with a radioactive drug can be conducted under a
radioactive drug research committee. It does not create or confer any
rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.
II. The Paperwork Reduction Act of 1995
This draft guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in 21 CFR 361.1 have been approved under OMB
control number 0910-0053.
III. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
IV. Electronic Access
Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.
Dated: May 14, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-12832 Filed 6-2-09; 8:45 am]
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