[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)] [Proposed Rules] [Pages 49638-49642] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-25130] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 200 [Docket No. 96N-0048] Sterility Requirements for Inhalation Solution Products AGENCY: Food and Drug Administration, HHS. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is proposing to amend its regulations to require that all inhalation solutions for nebulization be sterile. Inhalation solutions for nebulization, as the term is used in this document, refers to inhalation solutions administered as a fine aqueous mist created by an atomizer or nebulizer. Currently, approximately half of these products are manufactured to be sterile. Based on reports of adverse drug experiences from contaminated nonsterile inhalation solutions for nebulization and recalls of these products, FDA is taking this action to ensure the safety and effectiveness of these solutions. DATES: Written comments by December 22, 1997. Submit written comments on the information collection requirements by October 23, 1997. FDA proposes that any final rule that may issue based on this proposal become effective March 23, 1998. ADDRESSES: Submit written comments on this proposed rule to the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. Submit written comments on the information collection requirements to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Bldg., 725 17th St. NW., rm. 10235, Washington, DC 20503, Attn: Desk Officer for FDA. FOR FURTHER INFORMATION CONTACT: Carol E. Drew, Center for Drug Evaluation and Research (HFD-7), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-594-2041. SUPPLEMENTARY INFORMATION: I. Background Inhalation solutions for nebulization are used to treat a variety of breathing disorders. Currently, approximately half of the marketed products are manufactured to be sterile. Those products not manufactured to be sterile are often manufactured under assigned [[Page 49639]] microbial count limits. For the reasons stated below, FDA has determined that current manufacturing methods and purported safeguards against contamination, including the microbial limits test, have not prevented dangerous microbial contamination of nonsterile inhalation solutions for nebulization. A sterility requirement is needed to prevent such microbial contamination. Contaminated inhalation solutions for nebulization are likely to cause lung infections because the drug product is introduced directly into the lungs in a manner which at least partially bypasses the patient's natural defense mechanisms. Many patients using inhalation solution products for nebulization have chronic obstructive airway disease or cystic fibrosis, or are immunocompromised. Microbial contamination of these products may result in serious health consequences due to opportunistic pathogens entering the lungs or to the possible inactivation of the drug product by these microorganisms. Based on the significant health risk to users, FDA is proposing to require that all aqueous-based inhalation solutions for nebulization be manufactured as sterile. Contamination problems with several different inhalation solution products and numerous adverse experience reports have led to FDA's determination that a sterility requirement is necessary for these products. In January 1994, a marketed albuterol sulfate inhalation solution product was found to be contaminated with a bacterium best identified as belonging to the Pseudomonas fluorescens/putida group. The manufacturer voluntarily recalled the product (class I recall to the consumer level) and issued a press release regarding the recall. In June 1992, a manufacturer recalled its metaproterenol sulfate inhalation solution for nebulization when the product was found to contain excessive microbial growth identified as P. gladioli/cepacia. A press release was also issued concerning this recall. In 1987, an FDA investigator identified at least two potential human fungal pathogens (Aspergillus glaucus and Chrysosporium) in another albuterol sulfate inhalation solution for nebulization before market distribution. A sterility requirement for all inhalation solutions for nebulization will provide the necessary assurance that these solutions will not be contaminated. The sterility requirement is necessary for several reasons. First, there is a high risk of contamination of inhalation solutions. Microbial contaminants identified in two of the recalls were Pseudomonas species (spp.), which are ubiquitous and are commonly found in pharmaceutical water supplies and nonsterile manufacturing environments. Second, most species of Pseudomonas associated with the contamination of inhalation solutions have the potential to be human pathogens. Of special concern is the fact that many of the patients using these products have compromised pulmonary defense mechanisms and are therefore at a particularly high risk of serious infection. Third, adherence to current good manufacturing practice (CGMP) regulations without appropriate sterilization procedures does not provide an adequate level of assurance that inhalation solutions for nebulization will not be contaminated. Even if antimicrobial preservatives are used in a product, they may not be effective because many bacteria, including Pseudomonas spp., may develop resistance to these preservatives. The albuterol sulfate product recalled in January 1994, for example, contained benzalkonium chloride, an antimicrobial preservative, yet the preservative failed to prevent microbial contamination of the product. Resistance to preservatives is not species specific; strains of many species are resistant. Furthermore, use of a single preservative in the manufacture of a nonsterile inhalation solution for an extended period may actually select for preservative-resistant strains of Pseudomonas spp. or other bacteria. Also, the microbial limits test does not ensure against contamination. End-product microbial limits tests performed prior to distribution may not be capable of detecting sufficiently low levels of contamination; a product that initially passes the microbial limits test may support the growth of contaminating organisms, which could later grow to unacceptable levels. FDA has therefore determined that all inhalation solutions for nebulization should be manufactured as sterile products. Any failure to comply with the sterility requirement would result in a finding that the drug product is adulterated under section 501(a)(2)(B) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 351(a)(2)(B)), and misbranded under section 502(j) of the act (21 U.S.C. 352(j)). Failure to comply with the sterility requirement would also result in the agency's refusal to approve a new or abbreviated application for the product, pursuant to section 505(d)(1), (d)(2), (d)(3), and (j)(3)(A) of the act (21 U.S.C. 355(d)(1), (d)(2), (d)(3), and (j)(3)(A)). II. Description of the Proposed Regulation This proposal would amend the regulations governing requirements for specific classes of drugs to include new Sec. 200.51 for inhalation solutions for nebulization. Proposed Sec. 200.51(a) would require that all prescription and over-the-counter (OTC) inhalation solutions for nebulization be sterile. Manufacturers may use any appropriate process to achieve sterility of their inhalation solution products, as long as the method is in compliance with current FDA regulations. In the Federal Register of October 11, 1991 (56 FR 51354), FDA proposed to require that manufacturers use a terminal sterilization process when preparing a sterile drug unless the process adversely affects the drug product. The October 11, 1991, proposed rule would require that manufacturers include in their applications a written justification for not using terminal sterilization if such process is not appropriate. Should that proposed rule become final, manufacturers of inhalation solution products would be subject to its requirements. Under this proposal, all manufacturers of nonsterile inhalation solutions for nebulization have until 1 year after the date of publication of the final rule to comply with the sterility requirement. This effective date reflects the time that FDA believes applicants may need to establish the sterility of their products. Persons holding an approved application for a nonsterile inhalation solution product should submit to FDA a supplemental application establishing the sterility of the product. If they intend to sterilize their product by terminal sterilization or make other changes listed under Sec. 314.70(b)(2) (21 CFR 314.70(b)(2)), they must obtain FDA approval of a supplement under that section before making the change(s). If they intend to manufacture the sterile product by aseptic processing, to retain the same container and closure system, and make no changes other than those listed under Sec. 314.70(c)(1), they may submit a supplemental application under that section. The following information should be included in the supplements: Complete qualification data for the aseptic process, executed batch record for a production batch of the product using the approved formulation, in-process and release control data, updated release specifications that include sterility, 3 months' accelerated stability data, updated stability protocol to [[Page 49640]] include either sterility or container/closure integrity testing initially and at expiry, and commitment to place the first three commercial batches into the routine stability program and submit the data in annual reports. Proposed Sec. 200.51(b) states that manufacturers must comply with the recordkeeping requirements of 21 CFR 211.113(b) of FDA's CGMP regulations. This section requires that manufacturers establish and follow appropriate written procedures designed to prevent microbiological contamination of drug products purporting to be sterile. Such procedures must include validation of any sterilization process. III. Proposed Effective Date The agency's proposal would prohibit all manufacturers of nonsterile inhalation solution products for nebulization, including those products currently approved, from introducing or delivering for introduction into interstate commerce any such products that are nonsterile from 1 year after the date of publication in the Federal Register of any final rule based on this proposal. Holders of approved new drug applications (NDA's) and abbreviated new drug applications (ANDA's) must submit data to FDA to establish sterility of these products within 1 year after the publication in the Federal Register of any final rule based on this proposal. This effective date reflects the time that FDA believes applicants may need to establish the sterility of their products. Any NDA or ANDA for a nonsterile inhalation solution for nebulization under review by FDA on or after the date of publication of the final rule but before the effective date of the final rule may be approved if the application is otherwise approvable and the applicant agrees to establish the sterility of its product by the effective date. On or after the effective date of the final rule, FDA will refuse to approve an NDA or ANDA for a nonsterile inhalation solution for nebulization if the applicant has not established the sterility of the product. IV. Environmental Impact The agency has determined under 21 CFR 25.24(a)(8) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. V. Analysis of Impacts FDA has examined the impacts of the proposed rule under Executive Order 12866, under the Regulatory Flexibility Act (5 U.S.C. 601-612), and under the Unfunded Mandates Reform Act (Pub. L. 104-4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). Unless an agency certifies that a rule will not have a significant economic impact on a substantial number of small entities, the Regulatory Flexibility Act requires an analysis of regulatory options that would minimize any significant impact of a rule on small entities. The Unfunded Mandates Reform Act requires that agencies prepare an assessment of anticipated costs and benefits before proposing any rule that may result in an annual expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 (adjusted annually for inflation). The expected aggregate costs of this proposed rule, and the anticipated impact of the rule on small entities, are described in the analysis below. The agency believes that the proposed rule is consistent with the regulatory philosophy and principles identified in the Executive Order. This rule is not a significant regulatory action as defined by the Executive Order, does not impose any mandates on State, local, or tribal governments, and is not a significant regulatory action under the Unfunded Mandates Reform Act. Based on the following analysis, FDA estimates that this rule will have significant adverse effects on about four to five small firms that currently manufacture nonsterile inhalation solutions for nebulization. However, since the exact number of firms manufacturing nonsterile inhalation solutions is not certain, FDA invites comments from firms that believe they would be affected by the proposed rule. The statutory basis for FDA's authority to issue the rule is presented previously in this preamble. FDA has not identified any other Federal rules that duplicate, overlap, or conflict with the proposed rule. As described in section I of this document, the objective of the proposed rule is to ensure that all inhalation solutions for nebulization are manufactured as sterile products and are thus safe and effective for use. Nonsterile inhalation solutions have been found to result in serious health consequences to users. By ensuring sterilization, the proposed rule is expected to yield benefits from the elimination of extended patient suffering and hospitalization associated with contaminated nonsterile inhalation solution products. In addition, the industry would benefit by avoiding liability claims from persons harmed due to the contamination of nonsterile inhalation solution products. A. Affected Entities This proposed rule would affect only those manufacturers of inhalation solutions for nebulization that do not already manufacture the products to be sterile. Based on its compliance data base, FDA believes that all innovator prescription products are currently manufactured as sterile. Of the approximately 28 generic and OTC firms that manufacture inhalation solutions, FDA estimates that up to five firms may still use nonsterile manufacturing processes and will be affected by this proposed rule. (The remainder are believed to have either implemented sterile processes themselves or to have contracted out the manufacturing of their inhalation products to firms that use a sterile process.) All of these affected firms may be small entities as defined by the Regulatory Flexibility Act. B. Compliance Requirements and Costs To comply with this rule, the affected firms must implement a sterile process for manufacturing their inhalation products, either by converting their in-house manufacturing operations to ensure that the products are sterile, or by arranging to have these products manufactured under contract by a firm that can do so under sterile conditions. In addition, affected firms must: (1) Develop appropriate written procedures designed to prevent contamination of the products, including validation of the new inhalation solution processes; and (2) submit to FDA a supplemental application establishing the sterility of the product. Firms choosing to convert in-house manufacturing operations would need to set up an in-plant sterilization process by constructing a clean room especially designated for the inhalation solution product. FDA finds that the cost of building a new clean room may amount to almost $600 per square foot. The size of pharmaceutical clean rooms is reported to vary widely, from 200 to 2,500 square feet. Thus, the estimated cost of installing a clean room in a manufacturing facility may range from $120,000 to $1,500,000 per firm. Since affected firms would presumably contract out their manufacturing process if to do so would lower their costs of [[Page 49641]] complying with this proposed rule, this figure is an upper bound. Firms would also need to validate the new inhalation solution processes at an estimated cost of $75,000 to $100,000 per product. The firms that would need to complete these validation procedures produce an average of approximately two inhalation products each, leading to validation costs per firm of approximately $150,000 to $200,000. Each firm would also be required to incur the paperwork costs associated with filing a supplemental application for each product with FDA. Thus, overall costs for implementing and validating a sterile manufacturing process for inhalation products would total approximately $270,000 to $1,700,000 per affected firm. Assuming that five firms are affected, the costs of complying with this rule would range from approximately $1,350,000 to $8,500,000. Amortized over 10 years at a 7 percent interest rate implies total annualized costs of $192,000 to $1,210,000. In addition, affected firms will incur any costs associated with preparing and submitting a supplemental application. Affected firms will need to acquire some new professional skills, since this rule deals with a new manufacturing process that will require technicians to have a knowledge of sterility procedures, specifically the asceptic sterilization process. Any other skills necessary for implementation of this proposal (e.g., skills associated with preparing the application) should already exist within the firms and should not need to be newly acquired. C. Minimizing the Impact on Small Entities FDA initially considered requiring conversion to sterile procedures to take place within 6 months of the publication of a final rule, due to the health hazards associated with existing unsterilized inhalation products. However, the agency is concerned that this short timeframe would give affected firms an inadequate opportunity to implement aseptic manufacturing processes and might force some small firms to temporarily suspend production. Thus, this proposed rule allows 1 year for the manufacturing conversion to take place. Exempting small businesses from the rule is not a feasible alternative, since all of the firms believed to still be using nonsterile manufacturing for these products are small. A size-based exemption would thus defeat the purpose of this proposed rule. VI. The Paperwork Reduction Act of 1995 This proposed rule contains information collection provisions that are subject to review by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Therefore, in accordance with 44 U.S.C. 3506(c)(2)(B) and 5 CFR part 1320, FDA is providing the following title, description, and respondent description of the information collection contained in this proposal, along with an estimate of the resulting annual collection of information burden. This estimate includes the time needed for reviewing instructions, gathering and maintaining the data needed, and completing and reviewing the collection of information. With respect to the following collection of information, FDA invites comments on: (1) Whether the proposed collection of information is necessary for 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. Title: Sterility requirements for inhalation solution products. Description: The proposal would require that all inhalation solution products, including those currently approved, be manufactured as sterile. Applicants will have 1 year after the date of publication of the final rule to comply with the sterility requirement. Description of Respondents: Drug manufacturers. As indicated in the accompanying chart, the proposed one-time reporting requirement would require that most firms commit about 160 additional hours per product to report the sterility information in a supplement to a drug application (20 hours for certain manufacturers of sterile products) and about 2 additional hours per product to document sterility of their inhalation products. The expected burden under the proposed rule is as follows: Estimated Annual Reporting Burden ---------------------------------------------------------------------------------------------------------------- Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response ---------------------------------------------------------------------------------------------------------------- 314.97 5 1 5 160 800\1\ 314.70 2 1 2 20 40\2\ ---------------------------------------------------------------------------------------------------------------- \1\ Reporting burden for manufacturers of nonsterile products. \2\ Reporting burden for manufacturers of sterile products. Estimated Annual Recordkeeping Burden ---------------------------------------------------------------------------------------------------------------- Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper ---------------------------------------------------------------------------------------------------------------- 211.113(b) 7 1 1 2 14 ---------------------------------------------------------------------------------------------------------------- There are no capital costs or operating and maintenance costs associated with this proposed rule. The agency has submitted a copy of this proposed rule to OMB for its review and approval of this information collection. Interested persons are requested to send comments regarding this collection of information to the Office of Information and Regulatory Affairs (address above). [[Page 49642]] VII. Request for Comments Interested persons may, on or before December 22, 1997, submit to the Dockets Management Branch (address above) written comments regarding this proposal. Two copies of any comments are to be submitted, except that individuals may submit one 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 office above between 9 a.m. and 4 p.m., Monday through Friday. List of Subjects in 21 CFR Part 200 Drugs, Prescription drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, it is proposed that 21 CFR part 200 be amended as follows: PART 200--GENERAL 1. The authority citation for 21 CFR part 200 continues to read as follows: Authority: Secs. 201, 301, 501, 502, 503, 505, 506, 507, 508, 515, 701, 704, 705 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 356, 357, 358, 360e, 371, 374, 375). 2. New Sec. 200.51 is added to subpart C to read as follows: Sec. 200.51 Sterility requirements for inhalation solution drug products. (a) All inhalation solutions for nebulization shall be manufactured to be sterile. (b) Manufacturers shall also comply with the recordkeeping requirements in Sec. 211.113(b) of this chapter. Dated: September 12, 1997. William K. Hubbard, Associate Commissioner for Policy Coordination. [FR Doc. 97-25130 Filed 9-22-97; 8:45 am] BILLING CODE 4160-01-F