[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Notices]
[Pages 23056-23057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09771]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2025-N-0128]


Report on the Performance of Drug and Biologics Firms in 
Conducting Postmarketing Requirements and Commitments; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of the Agency's annual report entitled ``Report on the 
Performance of Drug and Biologics Firms in Conducting Postmarketing 
Requirements and Commitments.'' Under the Federal Food, Drug, and 
Cosmetic Act (FD&C Act), FDA is required to report annually on the 
status of postmarketing requirements (PMRs) and postmarketing 
commitments (PMCs) required of, or agreed upon by, application holders 
of approved drug and biological products. The report on the status of 
the studies and clinical trials that applicants are required to, or 
have agreed to, conduct

[[Page 23057]]

is on FDA's website entitled ``Postmarketing Requirements and 
Commitments: Reports'' (https://www.fda.gov/drugs/postmarketing-requirements-and-commitments-introduction/postmarketing-requirements-and-commitments-reports).

FOR FURTHER INFORMATION CONTACT: Lauren Choi, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 6424, Silver Spring, MD 20993-0002, 301-
796-0700; or James Myers, Center for Biologics Evaluation and Research, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 
7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 506B(c) of the FD&C Act (21 U.S.C. 356b(c)) requires FDA to 
publish an annual report on the status of postmarketing studies that 
applicants are required to, or have committed to, conduct and for which 
annual status reports have been submitted. Under the regulations 
governing postmarketing studies at 21 CFR 314.81(b)(2)(vii) and 601.70, 
applicants of approved drug products and licensed biological products 
are required to submit annually a report on the status of each clinical 
safety, clinical efficacy, clinical pharmacology, and nonclinical 
toxicology study or clinical trial either required by FDA (PMRs) or 
that they have committed to conduct (PMCs), either at the time of 
approval or after approval of their new drug application, abbreviated 
new drug application, or biologics license application, as applicable. 
The status of PMCs concerning chemistry, manufacturing, and production 
controls and the status of other studies or clinical trials conducted 
on an applicant's own initiative are not required to be reported under 
Sec. Sec.  314.81(b)(2)(vii) and 601.70 and are not addressed in this 
report. Furthermore, section 505(o)(3)(E) of the FD&C Act (21 U.S.C. 
355(o)(3)(E)) requires that applicants report periodically on the 
status of each required study or clinical trial and each study or 
clinical trial ``otherwise undertaken . . . to investigate a safety 
issue . . .''
    An applicant must report on the progress of the PMR/PMC on the 
anniversary of the drug product's approval \1\ until the PMR/PMC is 
completed or terminated and FDA determines that the PMR/PMC has been 
fulfilled or that the PMR/PMC is either no longer feasible or would no 
longer provide useful information.
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    \1\ An applicant must submit an annual status report on the 
progress of each open PMR/PMC within 60 days of the anniversary date 
of U.S. approval of the original application or on an alternate 
reporting date that was granted by FDA in writing. Some applicants 
have requested and been granted by FDA alternate annual reporting 
dates to facilitate harmonized reporting across multiple 
applications.
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II. Fiscal Year 2023 Report

    With this notice, FDA is announcing the availability of the 
Agency's annual report entitled ``Report on the Performance of Drug and 
Biologics Firms in Conducting Postmarketing Requirements and 
Commitments'' for fiscal year 2023. Information in this report covers 
any PMR/PMC that was established, in writing, at the time of approval 
or after approval of an application or a supplement to an application 
and summarizes the status of PMRs/PMCs in fiscal year 2023 (i.e., as of 
September 30, 2023). Information summarized in the report reflects 
combined data from the Center for Drug Evaluation and Research and the 
Center for Biologics Evaluation and Research and includes the 
following: (1) the number of applicants with open PMRs/PMCs; (2) the 
number of open PMRs/PMCs; (3) the timeliness of applicant submission of 
the annual status reports (ASRs); (4) FDA-verified status of open PMRs/
PMCs reported in Sec.  314.81(b)(2)(vii) or Sec.  601.70 ASRs; (5) the 
status of closed PMRs/PMCs; and (6) the distribution of the status by 
fiscal year (FY) of establishment \2\ (FY2017 to FY2023) for PMRs and 
PMCs open at the end of FY2023, or those closed within FY2023. 
Additional information about PMRs/PMCs is provided on FDA's website at 
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/postmarketing-requirements-and-commitments-introduction.
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    \2\ The establishment date is the date of the formal FDA 
communication to the applicant that included the final FDA-required 
(PMR) or requested (PMC) postmarketing study or clinical trial.

    Dated: May 23, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation, and International Affairs.
[FR Doc. 2025-09771 Filed 5-29-25; 8:45 am]
BILLING CODE 4164-01-P