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###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. 2004D-0465]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

The Food and Drug Administration (FDA) is announcing the availability of a draft document entitled “Guidance for FDA Review Staff and Sponsors:   Content and Review of Chemistry, Manufacturing, and Control (CMC) Information for Human Gene Therapy Investigational New Drug Applications (INDs)” dated November 2004.  The draft guidance document, when finalized, is intended to provide guidance to FDA review staff and sponsors of human gene therapy products on IND submissions, and on the information FDA CMC reviewers record and assess as part of the review of an original IND.

# DATES:

Submit written or electronic comments on the draft guidance by February 7, 2005, to ensure their adequate consideration in preparation of the final document.  General comments on agency guidance documents are welcome at any time.

# ADDRESSES:

                        Submit written requests for single copies of the draft guidance to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, suite 200N, 1401 Rockville Pike, Rockville, MD 20852-1448.  Send one self-addressed adhesive label to assist the office in processing your requests.  The draft guidance may also be obtained by mail by calling the CBER Voice Information System at 1-800-835-4709 or 301-827-1800.  See the                         **SUPPLEMENTARY INFORMATION**                         section for electronic access to the draft guidance document.                    

                        Submit written comments on the draft guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.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.fda.gov/​dockets/​ecomments*.                    

# FOR FURTHER INFORMATION CONTACT:

Nathaniel L. Geary, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, suite 200N, 1401 Rockville Pike, Rockville, MD 20852-1448, 301-827-6210.

# SUPPLEMENTARY INFORMATION:

## I.  Background

FDA is announcing the availability of a draft document entitled “Guidance for FDA Review Staff and Sponsors:   Content and Review of Chemistry, Manufacturing, and Control (CMC) Information for Human Gene Therapy Investigational New Drug Applications (INDs)” dated November, 2004.  The document provides guidance to help sponsors and reviewers to assess, given the phase of the investigation, whether an IND provides sufficient information to allow the reviewer to evaluate the proper identification (identity testing), quality, purity, and strength (potency) of the investigational product (21 CFR 312.23(a)(7)(i)).  The draft guidance document is intended to help ensure that all applicable regulatory requirements are reviewed for the appropriate stage of product development.

The 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 this topic.  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 requirement of the applicable statutes and regulations.

## II. Comments

                    The draft guidance document is being distributed for comment purposes only and is not intended for implementation at this time.  Interested persons may submit to the Division of Dockets Management (see                     **ADDRESSES**                    ) written or electronic comments regarding the draft guidance.  Submit written or electronic comments to ensure adequate consideration in preparation of the final guidance.  Submit a single copy of electronic comments or two paper copies of any mailed comments, except individuals may submit one paper copy.  Comments are to be identified with the docket number found in the brackets in the heading of this document.  A copy of the draft guidance and received comments are available for public examination in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.                

## III. Electronic Access

                    Persons with access to the Internet may obtain the document at either                     *http:/                              ( print page 64959)                            /www.fda.gov/​cber/​guidelines.htm*                     or                     *http://www.fda.gov/​ohrms/​dockets/​default.htm*.                

Dated: November 1, 2004.

Jeffrey Shuren,

Assistant Commissioner for Policy.

[FR Doc. 04-24879 Filed 11-8-04; 8:45 am]

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