80_FR_11485 80 FR 11444 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components; and Requirements for Donor Testing, Donor Notification, and “Lookback”

80 FR 11444 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components; and Requirements for Donor Testing, Donor Notification, and “Lookback”

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 41 (March 3, 2015)

Page Range11444-11449
FR Document2015-04381

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

Federal Register, Volume 80 Issue 41 (Tuesday, March 3, 2015)
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11444-11449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04381]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2005-N-0161]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Current Good 
Manufacturing Practices and Related Regulations for Blood and Blood 
Components; and Requirements for Donor Testing, Donor Notification, and 
``Lookback''

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by April 
2, 2015.

ADDRESSES: To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-7285, or emailed to [email protected]. All 
comments should be identified with the OMB control number 0910-0116. 
Also include the FDA docket number found in brackets in the heading of 
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Current Good Manufacturing Practices and Related Regulations for Blood 
and Blood Components; and Requirements for Donor Testing, Donor 
Notification, and ``Lookback''--(OMB Control Number 0910-0116)--
Extension

    All blood and blood components introduced or delivered for 
introduction into interstate commerce are subject to section 351(a) of 
the Public Health Service Act (PHS Act) (42 U.S.C. 262(a)). Section 
351(a) requires that manufacturers of biological products, which 
include blood and blood components intended for further

[[Page 11445]]

manufacture into injectable products, have a license, issued upon a 
demonstration that the product is safe, pure, and potent and that the 
manufacturing establishment meets all applicable standards, including 
those prescribed in the FDA regulations designed to ensure the 
continued safety, purity, and potency of the product. In addition, 
under section 361 of the PHS Act (42 U.S.C. 264), by delegation from 
the Secretary of Health and Human Services, FDA may make and enforce 
regulations necessary to prevent the introduction, transmission, or 
spread of communicable diseases from foreign countries into the States 
or possessions, or from one State or possession into any other State or 
possession.
    Section 351(j) of the PHS Act states that the Federal Food, Drug, 
and Cosmetic (FD&C) Act also applies to biological products. Blood and 
blood components for transfusion or for further manufacture into 
injectable products are drugs, as that term is defined in section 
201(g)(1) of the FD&C Act (21 U.S.C. 321(g)(1)). Because blood and 
blood components are drugs under the FD&C Act, blood and plasma 
establishments must comply with the substantive provisions and related 
regulatory scheme of the FD&C Act. For example, under section 501 of 
the FD&C Act (21 U.S.C. 351(a)), drugs are deemed ``adulterated'' if 
the methods used in their manufacturing, processing, packing, or 
holding do not conform to current good manufacturing practice (CGMP) 
and related regulations.
    The CGMP regulations for blood and blood components (21 CFR part 
606) and related regulations implement FDA's statutory authority to 
ensure the safety, purity, and potency of blood and blood components. 
The public health objective in testing human blood donors for evidence 
of infection due to communicable disease agents and in notifying donors 
is to prevent the transmission of communicable disease. For example, 
the ``lookback'' requirements are intended to help ensure the continued 
safety of the blood supply by providing necessary information to users 
of blood and blood components and appropriate notification of 
recipients of transfusion who are at increased risk for transmitting 
human immunodeficiency virus (HIV) or hepatitis C virus (HCV) 
infection.
    The information collection requirements in the CGMP, donor testing, 
donor notification, and ``lookback'' regulations provide FDA with the 
necessary information to perform its duty to ensure the safety, purity, 
and potency of blood and blood components. These requirements establish 
accountability and traceability in the processing and handling of blood 
and blood components and enable FDA to perform meaningful inspections.
    The recordkeeping requirements serve preventive and remedial 
purposes. The third-party disclosure requirements identify the various 
blood and blood components and important properties of the product, 
demonstrate that the CGMP requirements have been met, and facilitate 
the tracing of a product back to its original source. The reporting 
requirements inform FDA of certain information that may require 
immediate corrective action.
    Under the reporting requirements, Sec.  606.170(b), in brief, 
requires that facilities notify FDA's Center for Biologics Evaluation 
and Research (CBER), as soon as possible after confirming a 
complication of blood collection or transfusion to be fatal. The 
collecting facility is to report donor fatalities, and the 
compatibility testing facility is to report recipient fatalities. The 
regulation also requires the reporting facility to submit a written 
report of the investigation within 7 days after the fatality. In fiscal 
year 2013, FDA received 72 of these reports.
    Section 610.40(g)(2) (21 CFR 610.40(g)(2)) requires an 
establishment to obtain written approval from FDA to ship human blood 
or blood components for further manufacturing use prior to completion 
of testing for evidence of infection due to certain communicable 
disease agents.
    Section 610.40(h)(2)(ii)(A), in brief, requires an establishment to 
obtain written approval from FDA to use or ship human blood or blood 
components found to be reactive by a screening test for evidence of 
certain communicable disease agent(s) or collected from a donor with a 
record of a reactive screening test.
    Under the third-party disclosure requirements, Sec.  
610.40(c)(1)(ii), in brief, requires that each donation dedicated to a 
single identified recipient be labeled as required under Sec.  606.121 
and with a label containing the name and identifying information of the 
recipient. The information collection requirements under Sec.  606.121 
are part of usual and customary business practice.
    Sections 610.40(h)(2)(ii)(C) and (h)(2)(ii)(D), in brief, require 
an establishment to label certain reactive human blood and blood 
components with the appropriate screening test results, and, if they 
are intended for further manufacturing use into injectable products, to 
include a statement on the label indicating the exempted use 
specifically approved by FDA. Also, Sec.  610.40(h)(2)(vi) requires 
each donation of human blood or blood components, excluding Source 
Plasma, that tests reactive by a screening test for syphilis and is 
determined to be a biological false positive to be labeled with both 
test results.
    Section 610.42(a) requires a warning statement ``indicating that 
the product was manufactured from a donation found to be reactive by a 
screening test for evidence of infection due to the identified 
communicable disease agent(s)'' in the labeling for medical devices 
containing human blood or a blood component found to be reactive by a 
screening test for evidence of infection due to a communicable disease 
agent(s) or syphilis.
    In brief, Sec. Sec.  610.46 and 610.47 require blood collecting 
establishments to establish, maintain, and follow an appropriate system 
for performing HIV and HCV prospective ``lookback'' when: (1) A donor 
tests reactive for evidence of HIV or HCV infection or (2) the 
collecting establishment becomes aware of other reliable test results 
or information indicating evidence of HIV or HCV infection (prospective 
``lookback'') (see Sec. Sec.  610.46(a)(1) and 610.47(a)(1)). The 
requirement for ``an appropriate system'' requires the collecting 
establishment to design standard operating procedures (SOPs) to 
identify and quarantine all blood and blood components previously 
collected from a donor who later tests reactive for evidence of HIV or 
HCV infection, or when the collecting establishment is made aware of 
other reliable test results or information indicating evidence of HIV 
or HCV infection. Within 3 calendar days of the donor testing reactive 
by an HIV or HCV screening test or the collecting establishment 
becoming aware of other reliable test results or information, the 
collecting establishment must, among other things, notify consignees to 
quarantine all identified previously collected in-date blood and blood 
components (Sec. Sec.  610.46(a)(1)(ii)(B) and 610.47(a)(1)(ii)(B)) 
and, within 45 days, notify the consignees of supplemental test 
results, or the results of a reactive screening test if there is no 
available supplemental test that is approved for such use by FDA 
(Sec. Sec.  610.46(a)(3) and 610.47(a)(3)).
    Consignees also must establish, maintain, and follow an appropriate 
system for performing HIV and HCV ``lookback'' when notified by the 
collecting establishment that they have received blood and blood 
components previously collected from donors who later tested reactive 
for evidence of HIV or HCV infection, or when the collecting

[[Page 11446]]

establishment is made aware of other reliable test results or 
information indicating evidence of HIV or HCV infection in a donor 
(Sec. Sec.  610.46(b) and 610.47(b)). This provision for a system 
requires the consignee to establish SOPs for, among other things, 
notifying transfusion recipients of blood and blood components, or the 
recipient's physician of record or legal representative, when such 
action is indicated by the results of the supplemental (additional, 
more specific) tests or a reactive screening test if there is no 
available supplemental test that is approved for such use by FDA, or if 
under an investigational new drug application (IND) or an 
investigational device exemption (IDE), is exempted for such use by 
FDA. The consignee must make reasonable attempts to perform the 
notification within 12 weeks of receipt of the supplemental test result 
or receipt of a reactive screening test result when there is no 
available supplemental test that is approved for such use by FDA, or if 
under an IND or IDE, is exempted for such use by FDA (Sec. Sec.  
610.46(b)(3) and 610.47(b)(3)).
    Section 630.6(a) (21 CFR 630.6(a)) requires an establishment to 
make reasonable attempts to notify any donor who has been deferred as 
required by Sec.  610.41, or who has been determined not to be eligible 
as a donor. Section 630.6(d)(1) requires an establishment to provide 
certain information to the referring physician of an autologous donor 
who is deferred based on the results of tests as described in Sec.  
610.41.
    Under the recordkeeping requirements, Sec.  606.100(b), in brief, 
requires that written SOPs be maintained for all steps to be followed 
in the collection, processing, compatibility testing, storage, and 
distribution of blood and blood components used for transfusion and 
further manufacturing purposes. Section 606.100(c) requires the review 
of all records pertinent to the lot or unit of blood prior to release 
or distribution. Any unexplained discrepancy or the failure of a lot or 
unit of final product to meet any of its specifications must be 
thoroughly investigated, and the investigation, including conclusions 
and followup, must be recorded.
    In brief, Sec.  606.110(a) provides that the use of 
plateletpheresis and leukapheresis procedures to obtain a product for a 
specific recipient may be at variance with the additional standards for 
that specific product if, among other things, the physician certifies 
in writing that the donor's health permits plateletpheresis or 
leukapheresis. Section 606.110(b) requires establishments to request 
prior approval from CBER for plasmapheresis of donors who do not meet 
donor requirements. The information collection requirements for Sec.  
606.110(b) are approved under OMB control number 0910-0338 and, 
therefore, are not reflected in tables 1 and 2.
    Section 606.151(e) requires that SOPs for compatibility testing 
include procedures to expedite transfusion in life-threatening 
emergencies; records of all such incidents must be maintained, 
including complete documentation justifying the emergency action, which 
must be signed by a physician.
    So that each significant step in the collection, processing, 
compatibility testing, storage, and distribution of each unit of blood 
and blood components can be clearly traced, Sec.  606.160 requires that 
legible and indelible contemporaneous records of each such step be made 
and maintained for no less than 10 years. Section 606.160(b)(1)(viii) 
requires records of the quarantine, notification, testing and 
disposition performed under the HIV and HCV ``lookback'' provisions. 
Furthermore, Sec.  606.160(b)(1)(ix) requires a blood collection 
establishment to maintain records of notification of donors deferred or 
determined not to be eligible for donation, including appropriate 
followup. Section 606.160(b)(1)(xi) requires an establishment to 
maintain records of notification of the referring physician of a 
deferred autologous donor, including appropriate followup.
    Section 606.165, in brief, requires that distribution and receipt 
records be maintained to facilitate recalls, if necessary.
    Section 606.170(a) requires records to be maintained of any reports 
of complaints of adverse reactions arising as a result of blood 
collection or transfusion. Each such report must be thoroughly 
investigated, and a written report, including conclusions and followup, 
must be prepared and maintained. Section 606.170(a) also requires that 
when an investigation concludes that the product caused the transfusion 
reaction, copies of all such written reports must be forwarded to and 
maintained by the manufacturer or collecting facility.
    Section 610.40(g)(1) requires an establishment to appropriately 
document a medical emergency for the release of human blood or blood 
components prior to completion of required testing.
    In addition to the CGMP regulations in part 606, there are 
regulations in 21 CFR part 640 that require additional standards for 
certain blood and blood components as follows: Sections 640.3(a)(1), 
(a)(2), and (f); 640.4(a)(1) and (a)(2); 640.25(b)(4) and (c)(1); 
640.27(b); 640.31(b); 640.33(b); 640.51(b); 640.53(b) and (c); 
640.56(b) and (d); 640.61; 640.63(b)(3), (e)(1), and (e)(3); 
640.65(b)(2); 640.66; 640.71(b)(1); 640.72; 640.73; and 640.76(a) and 
(b). The information collection requirements and estimated burdens for 
these regulations are included in the part 606 burden estimates, as 
described in tables 1 and 2.
    Respondents to this collection of information are licensed and 
unlicensed blood establishments that collect blood and blood 
components, including Source Plasma and Source Leukocytes, inspected by 
FDA, and other transfusion services inspected by Centers for Medicare 
and Medicaid Services (CMS). Based on information received from CBER's 
database systems, there are approximately 416 licensed Source Plasma 
establishments with multiple locations and approximately 1,265 licensed 
blood collection establishments, for an estimated total of 1,681 
licensed blood collection establishments. Also, there are an estimated 
total of 680 unlicensed, registered blood collection establishments for 
an approximate total of 2,361 collection establishments (416 + 1,265 + 
680 = 2,361 establishments). Of these establishments, approximately 990 
perform plateletpheresis and leukapheresis. These establishments 
annually collect approximately 40 million units of Whole Blood and 
blood components, including Source Plasma and Source Leukocytes, and 
are required to follow FDA ``lookback'' procedures. In addition, there 
are another 4,961 establishments that fall under the Clinical 
Laboratory Improvement Amendments of 1988 (CLIA) (Pub. L. 100-578) 
(formerly referred to as facilities approved for Medicare 
reimbursement) that transfuse blood and blood components.
    The following reporting and recordkeeping estimates are based on 
information provided by industry, CMS, and FDA experience. Based on 
information received from industry, we estimate that there are 
approximately 25 million donations of Source Plasma from approximately 
2 million donors and approximately 15 million donations of Whole Blood, 
including approximately 225,000 (approximately 1.5 percent of 15 
million) autologous donations, from approximately 10.9 million donors. 
Assuming each autologous donor makes an average of 2 donations, FDA 
estimates that there are approximately 112,500 autologous donors.
    FDA estimates that approximately 5 percent (3,600) of the 72,000 
donations

[[Page 11447]]

that are donated specifically for the use of an identified recipient 
would be tested under the dedicated donors' testing provisions in Sec.  
610.40(c)(1)(ii).
    Under Sec. Sec.  610.40(g)(2) and (h)(2)(ii)(A), Source Leukocytes, 
a licensed product that is used in the manufacture of interferon, which 
requires rapid preparation from blood, is currently shipped prior to 
completion of testing for evidence of certain communicable disease 
agents. Shipments of Source Leukocytes are preapproved under a 
biologics license application (BLA) and each shipment does not have to 
be reported to the Agency. Based on information from CBER's database 
system, FDA receives less than one application per year from 
manufacturers of Source Leukocytes. However, for calculation purposes, 
we are estimating one application annually.
    Under Sec. Sec.  610.40(h)(2)(ii)(C) and (h)(2)(ii)(D), FDA 
estimates that each manufacturer would ship an estimated 1 unit of 
human blood or blood components per month (12 per year) that would 
require two labels; one as reactive for the appropriate screening test 
under Sec.  610.40(h)(2)(ii)(C), and the other stating the exempted use 
specifically approved by FDA under Sec.  610.40(h)(2)(ii)(D). According 
to CBER's database system, there are approximately 40 licensed 
manufacturers that ship known reactive human blood or blood components.
    Based on information we received from industry, we estimate that 
approximately 18,000 donations: (1) Annually test reactive by a 
screening test for syphilis; (2) are determined to be biological false 
positives by additional testing; and (3) are labeled accordingly (Sec.  
610.40(h)(2)(vi)).
    Human blood or a blood component with a reactive screening test, as 
a component of a medical device, is an integral part of the medical 
device, e.g., a positive control for an in vitro diagnostic testing 
kit. It is usual and customary business practice for manufacturers to 
include on the container label a warning statement that identifies the 
communicable disease agent. In addition, on the rare occasion when a 
human blood or blood component with a reactive screening test is the 
only component available for a medical device that does not require a 
reactive component, then a warning statement must be affixed to the 
medical device. To account for this rare occasion under Sec.  
610.42(a), we estimate that the warning statement would be necessary no 
more than once a year.
    FDA estimates that approximately 3,500 repeat donors will test 
reactive on a screening test for HIV. We also estimate that an average 
of three components was made from each donation. Under Sec. Sec.  
610.46(a)(1)(ii)(B) and (a)(3), this estimate results in 10,500 (3,500 
x 3) notifications of the HIV screening test results to consignees by 
collecting establishments for the purpose of quarantining affected 
blood and blood components, and another 10,500 (3,500 x 3) 
notifications to consignees of subsequent test results.
    We estimate that Sec.  610.46(b)(3) will require 4,961 consignees 
to notify transfusion recipients, their legal representatives, or 
physicians of record an average of 0.35 times per year resulting in a 
total number of 1,755 (585 confirmed positive repeat donors x 3) 
notifications. Also under Sec.  610.46(b)(3), we estimate and include 
the time to gather test results and records for each recipient and to 
accommodate multiple attempts to contact the recipient.
    Furthermore, we estimate that approximately 7,800 repeat donors per 
year would test reactive for antibody to HCV. Under Sec. Sec.  
610.47(a)(1)(ii)(B) and 610.47(a)(3), collecting establishments would 
notify the consignee 2 times for each of the 23,400 (7,800 x 3 
components) components prepared from these donations, once for 
quarantine purposes and again with additional HCV test results for a 
total of 46,800 notifications as an annual ongoing burden. Under Sec.  
610.47(b)(3), we estimate that approximately 4,961 consignees would 
notify approximately 2,050 recipients or their physicians of record 
annually.
    Based on industry estimates, approximately 13 percent of 
approximately 10 million potential donors (1.3 million donors) who come 
to donate annually are determined not to be eligible for donation prior 
to collection because of failure to satisfy eligibility criteria. It is 
the usual and customary business practice of approximately 1,945 (1,265 
+ 680) blood collecting establishments to notify onsite and to explain 
why the donor is determined not to be suitable for donating. Based on 
such available information, we estimate that two-thirds (1,297) of the 
1,945 blood collecting establishments provided onsite additional 
information and counseling to a donor determined not to be eligible for 
donation as usual and customary business practice. Consequently, we 
estimate that only one-third, or 648, approximately, blood collecting 
establishments would need to provide, under Sec.  630.6(a), additional 
information and onsite counseling to the estimated 433,333 (one-third 
of approximately 1.3 million) ineligible donors.
    It is estimated that another 4.5 percent of 10 million potential 
donors (450,000 donors) are deferred annually based on test results. We 
estimate that approximately 95 percent of the establishments that 
collect 99 percent of the blood and blood components notify donors who 
have reactive test results for HIV, Hepatitis B Virus, HCV, Human T-
Lymphotropic Virus, and syphilis as usual and customary business 
practice. Consequently, 5 percent of the 1,681 establishments (84) 
collecting 1 percent (4,500) of the deferred donors (450,000) would 
notify donors under Sec.  630.6(a).
    As part of usual and customary business practice, collecting 
establishments notify an autologous donor's referring physician of 
reactive test results obtained during the donation process required 
under Sec.  630.6(d)(1). However, we estimate that approximately 5 
percent of the 1,265 blood collection establishments (63) may not 
notify the referring physicians of the estimated 2 percent of 112,500 
autologous donors with the initial reactive test results (2,250) as 
their usual and customary business practice.
    The recordkeeping chart reflects the estimate that approximately 95 
percent of the recordkeepers, which collect 99 percent of the blood 
supply, have developed SOPs as part of their customary and usual 
business practice. Establishments may minimize burdens associated with 
CGMP and related regulations by using model standards developed by 
industries' accreditation organizations. These accreditation 
organizations represent almost all registered blood establishments.
    Under Sec.  606.160(b)(1)(ix), we estimate the total annual records 
based on the approximately 1.3 million donors determined not to be 
eligible to donate and each of the estimated 1.75 million (1.3 million 
+ 450,000) donors deferred based on reactive test results for evidence 
of infection because of communicable disease agents. Under Sec.  
606.160(b)(1)(xi), only the 1,945 registered blood establishments 
collect autologous donations and, therefore, are required to notify 
referring physicians. We estimate that 4.5 percent of the 112,500 
autologous donors (5,063) will be deferred under Sec.  610.41, which in 
turn will lead to the notification of their referring physicians.
    FDA has concluded that the use of untested or incompletely tested 
but appropriately documented human blood or blood components in rare 
medical emergencies should not be prohibited. We estimate the 
recordkeeping under Sec.  610.40(g)(1) to be minimal with one or fewer 
occurrences per year. The reporting of test results to the consignee

[[Page 11448]]

in Sec.  610.40(g) is part of the usual and customary business practice 
or procedure to finish the testing and provide the results to the 
manufacturer responsible for labeling the blood products.
    The average burden per response (hours) and average burden per 
recordkeeping (hours) are based on estimates received from industry or 
FDA experience with similar reporting or recordkeeping requirements.
    In the Federal Register of October 20, 2014 (79 FR 62629), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received five comments; however, the 
comments were not responsive to the comment request on the four 
specified aspects of the collection of information and did not provide 
any data or explanation that would support a change regarding the 
information collection estimates.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
606.170(b) \2\..................              72               1              72              20           1,440
610.40(g)(2)....................               1               1               1               1               1
610.40(h)(2)(ii)(A).............               1               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,442
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ The reporting requirement in Sec.   640.73, which addresses the reporting of fatal donor reactions, is
  included in the estimate for Sec.   606.170(b).


                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                  Number of
        21 CFR section             Number of     records per    Total annual     Average burden     Total hours
                                 recordkeepers   recordkeeper      records     per recordkeeping
----------------------------------------------------------------------------------------------------------------
606.100(b) \2\................         \5\ 366           1                366  24...............           8,784
606.100(c)....................         \5\ 366          10              3,660  1................           3,660
606.110(a) \3\................          \6\ 50           1                 50  0.5 (30 minutes).              25
606.151(e)....................         \5\ 366          12              4,392  0.08 (5 minutes).             351
606.160 \4\...................         \5\ 366       1,046.45         383,000  0.75 (45 minutes)         287,250
606.160(b)(1)(viii)...........           1,945          10.80          21,000  0.17 (10 minutes)           3,570
HIV consignee notification....           4,961           4.23          21,000  0.17 (10 minutes)           3,570
606.160(b)(1)(viii)...........           1,945          24.06          46,800  0.17 (10 minutes)           7,956
HCV consignee notification....           4,961           9.43          46,800  0.17 (10 minutes)           7,956
HIV recipient notification....           4,961           0.35           1,755  0.17 (10 minutes)             298
HCV recipient notification....           4,961           0.41           2,050  0.17 (10 minutes)             349
606.160(b)(1)(ix).............           2,361         741.21       1,750,000  0.05 (3 minutes).          87,500
606.160(b)(1)(xi).............           1,945           2.6            5,063  0.05 (3 minutes).             253
606.165.......................         \5\ 366       1,046.45         383,000  0.08 (5 minutes).          30,640
606.170(a)....................         \5\ 366          12              4,392  1................           4,392
610.40(g)(1)..................           2,361           1              2,361  0.5 (30 minutes).           1,180
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  .............  ..............  .................         447,734
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ The recordkeeping requirements in Sec.  Sec.   640.3(a)(1), 640.4(a)(1), and 640.66, which address the
  maintenance of SOPs, are included in the estimate for Sec.   606.100(b).
\3\ The recordkeeping requirements in Sec.   640.27(b), which address the maintenance of donor health records
  for the plateletpheresis, are included in the estimate for Sec.   606.110(a).
\4\ The recordkeeping requirements in Sec.  Sec.   640.3(a)(2) and (f); 640.4(a)(2); 640.25(b)(4) and (c)(1);
  640.31(b); 640.33(b); 640.51(b); 640.53(b) and (c); 640.56(b) and (d); 640.61; 640.63(b)(3), (e)(1), and
  (e)(3); 640.65(b)(2); 640.71(b)(1); 640.72; and 640.76(a) and (b), which address the maintenance of various
  records, are included in the estimate for Sec.   606.160.
\5\ Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered
  blood establishments (0.05 x 4,961 + 2,361 = 366).
\6\ Five percent of plateletpheresis and leukapheresis establishments (0.05 x 990 = 50).


                           Table 3--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                  Number of
        21 CFR section             Number of    responses per   Total annual     Average burden     Total hours
                                  respondents     respondent      responses       per response
----------------------------------------------------------------------------------------------------------------
606.170(a)....................         \2\ 366           1.2              439  0.5 (30 minutes).             220
610.40(c)(1)(ii)..............           2,361           1.52           3,600  0.08 (5 minutes).             288
610.40(h)(2)(ii)(C) and                     40          12                480  0.2 (12 minutes).              96
 (h)(2)(ii)(D).
610.40(h)(2)(vi)..............           2,361           7.62          18,000  0.08 (5 minutes).           1,440
610.42(a).....................               1           1                  1  1................               1
610.46(a)(1)(ii)(B)...........           1,945           5.40          10,500  0.17 (10 minutes)           1,785
610.46(a)(3)..................           1,945           5.40          10,500  0.17 (10 minutes)           1,785
610.46(b)(3)..................           4,961           0.35           1,755  1................           1,755
610.47(a)(1)(ii)(B)...........           1,945          12.03          23,400  0.17 (10 minutes)           3,978

[[Page 11449]]

 
610.47(a)(3)..................           1,945          12.03          23,400  0.17 (10 minutes)           3,978
610.47(b)(3)..................           4,961           0.41           2,050  1................           2,050
630.6(a) \3\..................             648         668.72         433,333  0.08 (5 minutes).          34,667
630.6(a) \4\..................              84          53.57           4,500  1.5 (90 minutes).           6,750
630.6(d)(1)...................              63          35.71           2,250  1................           2,250
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  .............  ..............  .................          61,043
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered
  blood establishments (0.05 x 4,961 + 2,361 = 366).
\3\ Notification of donors determined not to be eligible for donation based on failure to satisfy eligibility
  criteria.
\4\ Notification of donors deferred based on reactive test results for evidence of infection due to communicable
  disease agents.


    Dated: February 25, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-04381 Filed 3-2-15; 8:45 am]
BILLING CODE 4164-01-P



                                                  11444                                    Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

                                                  should also contain information on                                        ensure that they comply with the                                             comment on the proposed collection of
                                                  analytical methodology for the nutrient                                   criteria established by the FD&C Act.                                        information. No comments were
                                                  that is the subject of a claim based on                                     In the Federal Register of November                                        received in response to the notice.
                                                  an authoritative statement. We intend to                                  21, 2014 (79 FR 69494), FDA published                                          FDA estimates the burden of this
                                                  review the notifications we receive to                                    a 60-day notice requesting public                                            collection of information as follows:

                                                                                                               TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                            Number of                                                Average
                                                                                                                                                 Number of                                            Total annual
                                                                          Section of the FD&C Act                                                                         responses per                                            burden per              Total hours
                                                                                                                                                respondents                                            responses
                                                                                                                                                                            respondent                                              response

                                                  403(r)(2)(G) (nutrient content claims) ..................................                                          1                         1                           1                      250               250
                                                  403(r)(2)(C) (health claims) .................................................                                     1                         1                           1                      450               450
                                                  Guidance for notifications ....................................................                                    2                         1                           2                        1                 2

                                                       Total ..............................................................................    ........................   ........................   ........................   ........................            702
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                     These estimates are based on our                                       a nutrient content claim notification.                                       that a proposed collection of
                                                  experience with health claims, nutrient                                   Further, we estimate that one                                                information has been submitted to the
                                                  content claims, and other similar                                         respondent will take 450 hours to                                            Office of Management and Budget
                                                  notification procedures that fall under                                   collect and assemble the information                                         (OMB) for review and clearance under
                                                  our jurisdiction. To avoid estimating the                                 required by the statute for a health claim                                   the Paperwork Reduction Act of 1995.
                                                  number of respondents as zero, we                                         notification.                                                                DATES: Fax written comments on the
                                                  estimate that there will be one or fewer                                    Under the guidance, notifications                                          collection of information by April 2,
                                                  respondents annually for nutrient                                         should also contain information on                                           2015.
                                                  content claim and health claim                                            analytical methodology for the nutrient
                                                  notifications. We estimate that we will                                   that is the subject of a claim based on                                      ADDRESSES:   To ensure that comments on
                                                  receive one nutrient content claim                                        an authoritative statement. The                                              the information collection are received,
                                                  notification and one health claim                                         guidance applies to both nutrient                                            OMB recommends that written
                                                  notification per year over the next 3                                     content claim and health claim                                               comments be faxed to the Office of
                                                  years.                                                                    notifications. We have determined that                                       Information and Regulatory Affairs,
                                                     Section 403(r)(2)(G) and (r)(3)(C) of                                  this information should be readily                                           OMB, Attn: FDA Desk Officer, FAX:
                                                  the FD&C Act requires that the                                            available to a respondent and, thus, we                                      202–395–7285, or emailed to oira_
                                                  notification include the exact words of                                   estimate that it will take a respondent 1                                    submission@omb.eop.gov. All
                                                  the claim, a copy of the authoritative                                    hour to incorporate the information into                                     comments should be identified with the
                                                  statement, a concise description of the                                   each notification. We expect there will                                      OMB control number 0910–0116. Also
                                                  basis upon which such person relied for                                   be two respondents for a total of 2                                          include the FDA docket number found
                                                  determining that this is an authoritative                                 hours.                                                                       in brackets in the heading of this
                                                  statement as outlined in the FD&C Act,                                      Dated: February 24, 2015.                                                  document.
                                                  and a balanced representation of the                                      Leslie Kux,                                                                  FOR FURTHER INFORMATION CONTACT:    FDA
                                                  scientific literature relating to the                                                                                                                  PRA Staff, Office of Operations, Food
                                                                                                                            Associate Commissioner for Policy.
                                                  relationship between a nutrient and a                                                                                                                  and Drug Administration, 8455
                                                                                                                            [FR Doc. 2015–04380 Filed 3–2–15; 8:45 am]
                                                  disease or health-related condition to                                                                                                                 Colesville Rd., COLE–14526, Silver
                                                                                                                            BILLING CODE 4164–01–P
                                                  which a health claim refers or to the                                                                                                                  Spring, MD 20993–0002, PRAStaff@
                                                  nutrient level to which the nutrient                                                                                                                   fda.hhs.gov.
                                                  content claim refers. This balanced
                                                                                                                            DEPARTMENT OF HEALTH AND                                                     SUPPLEMENTARY INFORMATION:    In
                                                  representation of the scientific literature
                                                                                                                            HUMAN SERVICES                                                               compliance with 44 U.S.C. 3507, FDA
                                                  is expected to include a bibliography of
                                                  the scientific literature on the topic of                                 Food and Drug Administration                                                 has submitted the following proposed
                                                  the claim and a brief, balanced account                                                                                                                collection of information to OMB for
                                                  or analysis of how this literature either                                 [Docket No. FDA–2005–N–0161]                                                 review and clearance.
                                                  supports or fails to support the                                                                                                                       Current Good Manufacturing Practices
                                                  authoritative statement.                                                  Agency Information Collection
                                                                                                                            Activities; Submission for Office of                                         and Related Regulations for Blood and
                                                     Since the claims are based on
                                                                                                                            Management and Budget Review;                                                Blood Components; and Requirements
                                                  authoritative statements of a scientific
                                                                                                                            Comment Request; Current Good                                                for Donor Testing, Donor Notification,
                                                  body of the U.S. Government or NAS,
                                                                                                                            Manufacturing Practices and Related                                          and ‘‘Lookback’’—(OMB Control
                                                  we believe that the information that is
                                                                                                                            Regulations for Blood and Blood                                              Number 0910–0116)—Extension
                                                  required by the FD&C Act to be
                                                  submitted with a notification will be                                     Components; and Requirements for                                               All blood and blood components
                                                                                                                            Donor Testing, Donor Notification, and
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                                                  readily available to a respondent.                                                                                                                     introduced or delivered for introduction
                                                  However, the respondent will have to                                      ‘‘Lookback’’                                                                 into interstate commerce are subject to
                                                  collect and assemble that information.                                    AGENCY:           Food and Drug Administration,                              section 351(a) of the Public Health
                                                  Based on communications with firms                                        HHS.                                                                         Service Act (PHS Act) (42 U.S.C.
                                                  that have submitted notifications, we                                     ACTION:       Notice.                                                        262(a)). Section 351(a) requires that
                                                  estimate that one respondent will take                                                                                                                 manufacturers of biological products,
                                                  250 hours to collect and assemble the                                     SUMMARY: The Food and Drug                                                   which include blood and blood
                                                  information required by the statute for                                   Administration (FDA) is announcing                                           components intended for further


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                                                                                 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices                                             11445

                                                  manufacture into injectable products,                   components. These requirements                        FDA. Also, § 610.40(h)(2)(vi) requires
                                                  have a license, issued upon a                           establish accountability and traceability             each donation of human blood or blood
                                                  demonstration that the product is safe,                 in the processing and handling of blood               components, excluding Source Plasma,
                                                  pure, and potent and that the                           and blood components and enable FDA                   that tests reactive by a screening test for
                                                  manufacturing establishment meets all                   to perform meaningful inspections.                    syphilis and is determined to be a
                                                  applicable standards, including those                      The recordkeeping requirements serve               biological false positive to be labeled
                                                  prescribed in the FDA regulations                       preventive and remedial purposes. The                 with both test results.
                                                  designed to ensure the continued safety,                third-party disclosure requirements                      Section 610.42(a) requires a warning
                                                  purity, and potency of the product. In                  identify the various blood and blood                  statement ‘‘indicating that the product
                                                  addition, under section 361 of the PHS                  components and important properties of                was manufactured from a donation
                                                  Act (42 U.S.C. 264), by delegation from                 the product, demonstrate that the CGMP                found to be reactive by a screening test
                                                  the Secretary of Health and Human                       requirements have been met, and                       for evidence of infection due to the
                                                  Services, FDA may make and enforce                      facilitate the tracing of a product back              identified communicable disease
                                                  regulations necessary to prevent the                    to its original source. The reporting                 agent(s)’’ in the labeling for medical
                                                  introduction, transmission, or spread of                requirements inform FDA of certain                    devices containing human blood or a
                                                  communicable diseases from foreign                      information that may require immediate                blood component found to be reactive
                                                  countries into the States or possessions,               corrective action.                                    by a screening test for evidence of
                                                  or from one State or possession into any                   Under the reporting requirements,                  infection due to a communicable
                                                  other State or possession.                              § 606.170(b), in brief, requires that                 disease agent(s) or syphilis.
                                                     Section 351(j) of the PHS Act states                 facilities notify FDA’s Center for                       In brief, §§ 610.46 and 610.47 require
                                                  that the Federal Food, Drug, and                        Biologics Evaluation and Research                     blood collecting establishments to
                                                  Cosmetic (FD&C) Act also applies to                     (CBER), as soon as possible after                     establish, maintain, and follow an
                                                  biological products. Blood and blood                    confirming a complication of blood                    appropriate system for performing HIV
                                                  components for transfusion or for                       collection or transfusion to be fatal. The            and HCV prospective ‘‘lookback’’ when:
                                                  further manufacture into injectable                     collecting facility is to report donor                (1) A donor tests reactive for evidence
                                                  products are drugs, as that term is                     fatalities, and the compatibility testing             of HIV or HCV infection or (2) the
                                                  defined in section 201(g)(1) of the FD&C                facility is to report recipient fatalities.           collecting establishment becomes aware
                                                  Act (21 U.S.C. 321(g)(1)). Because blood                The regulation also requires the                      of other reliable test results or
                                                  and blood components are drugs under                    reporting facility to submit a written                information indicating evidence of HIV
                                                  the FD&C Act, blood and plasma                          report of the investigation within 7 days             or HCV infection (prospective
                                                  establishments must comply with the                     after the fatality. In fiscal year 2013,              ‘‘lookback’’) (see §§ 610.46(a)(1) and
                                                  substantive provisions and related                      FDA received 72 of these reports.                     610.47(a)(1)). The requirement for ‘‘an
                                                  regulatory scheme of the FD&C Act. For                     Section 610.40(g)(2) (21 CFR                       appropriate system’’ requires the
                                                  example, under section 501 of the FD&C                  610.40(g)(2)) requires an establishment               collecting establishment to design
                                                  Act (21 U.S.C. 351(a)), drugs are deemed                to obtain written approval from FDA to                standard operating procedures (SOPs) to
                                                  ‘‘adulterated’’ if the methods used in                  ship human blood or blood components                  identify and quarantine all blood and
                                                  their manufacturing, processing,                        for further manufacturing use prior to                blood components previously collected
                                                  packing, or holding do not conform to                   completion of testing for evidence of                 from a donor who later tests reactive for
                                                  current good manufacturing practice                     infection due to certain communicable                 evidence of HIV or HCV infection, or
                                                  (CGMP) and related regulations.                         disease agents.                                       when the collecting establishment is
                                                     The CGMP regulations for blood and                      Section 610.40(h)(2)(ii)(A), in brief,             made aware of other reliable test results
                                                  blood components (21 CFR part 606)                      requires an establishment to obtain                   or information indicating evidence of
                                                  and related regulations implement                       written approval from FDA to use or                   HIV or HCV infection. Within 3
                                                  FDA’s statutory authority to ensure the                 ship human blood or blood components                  calendar days of the donor testing
                                                  safety, purity, and potency of blood and                found to be reactive by a screening test              reactive by an HIV or HCV screening
                                                  blood components. The public health                     for evidence of certain communicable                  test or the collecting establishment
                                                  objective in testing human blood donors                 disease agent(s) or collected from a                  becoming aware of other reliable test
                                                  for evidence of infection due to                        donor with a record of a reactive                     results or information, the collecting
                                                  communicable disease agents and in                      screening test.                                       establishment must, among other things,
                                                  notifying donors is to prevent the                         Under the third-party disclosure                   notify consignees to quarantine all
                                                  transmission of communicable disease.                   requirements, § 610.40(c)(1)(ii), in brief,           identified previously collected in-date
                                                  For example, the ‘‘lookback’’                           requires that each donation dedicated to              blood and blood components
                                                  requirements are intended to help                       a single identified recipient be labeled              (§§ 610.46(a)(1)(ii)(B) and
                                                  ensure the continued safety of the blood                as required under § 606.121 and with a                610.47(a)(1)(ii)(B)) and, within 45 days,
                                                  supply by providing necessary                           label containing the name and                         notify the consignees of supplemental
                                                  information to users of blood and blood                 identifying information of the recipient.             test results, or the results of a reactive
                                                  components and appropriate                              The information collection requirements               screening test if there is no available
                                                  notification of recipients of transfusion               under § 606.121 are part of usual and                 supplemental test that is approved for
                                                  who are at increased risk for                           customary business practice.                          such use by FDA (§§ 610.46(a)(3) and
                                                  transmitting human immunodeficiency                        Sections 610.40(h)(2)(ii)(C) and                   610.47(a)(3)).
                                                  virus (HIV) or hepatitis C virus (HCV)                  (h)(2)(ii)(D), in brief, require an                      Consignees also must establish,
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                                                  infection.                                              establishment to label certain reactive               maintain, and follow an appropriate
                                                     The information collection                           human blood and blood components                      system for performing HIV and HCV
                                                  requirements in the CGMP, donor                         with the appropriate screening test                   ‘‘lookback’’ when notified by the
                                                  testing, donor notification, and                        results, and, if they are intended for                collecting establishment that they have
                                                  ‘‘lookback’’ regulations provide FDA                    further manufacturing use into                        received blood and blood components
                                                  with the necessary information to                       injectable products, to include a                     previously collected from donors who
                                                  perform its duty to ensure the safety,                  statement on the label indicating the                 later tested reactive for evidence of HIV
                                                  purity, and potency of blood and blood                  exempted use specifically approved by                 or HCV infection, or when the collecting


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                                                  11446                          Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

                                                  establishment is made aware of other                    approval from CBER for plasmapheresis                 and (a)(2); 640.25(b)(4) and (c)(1);
                                                  reliable test results or information                    of donors who do not meet donor                       640.27(b); 640.31(b); 640.33(b);
                                                  indicating evidence of HIV or HCV                       requirements. The information                         640.51(b); 640.53(b) and (c); 640.56(b)
                                                  infection in a donor (§§ 610.46(b) and                  collection requirements for § 606.110(b)              and (d); 640.61; 640.63(b)(3), (e)(1), and
                                                  610.47(b)). This provision for a system                 are approved under OMB control                        (e)(3); 640.65(b)(2); 640.66; 640.71(b)(1);
                                                  requires the consignee to establish SOPs                number 0910–0338 and, therefore, are                  640.72; 640.73; and 640.76(a) and (b).
                                                  for, among other things, notifying                      not reflected in tables 1 and 2.                      The information collection requirements
                                                  transfusion recipients of blood and                        Section 606.151(e) requires that SOPs              and estimated burdens for these
                                                  blood components, or the recipient’s                    for compatibility testing include                     regulations are included in the part 606
                                                  physician of record or legal                            procedures to expedite transfusion in                 burden estimates, as described in tables
                                                  representative, when such action is                     life-threatening emergencies; records of              1 and 2.
                                                  indicated by the results of the                         all such incidents must be maintained,                   Respondents to this collection of
                                                  supplemental (additional, more specific)                including complete documentation                      information are licensed and unlicensed
                                                  tests or a reactive screening test if there             justifying the emergency action, which                blood establishments that collect blood
                                                  is no available supplemental test that is               must be signed by a physician.                        and blood components, including
                                                  approved for such use by FDA, or if                        So that each significant step in the               Source Plasma and Source Leukocytes,
                                                  under an investigational new drug                       collection, processing, compatibility                 inspected by FDA, and other transfusion
                                                  application (IND) or an investigational                 testing, storage, and distribution of each            services inspected by Centers for
                                                  device exemption (IDE), is exempted for                 unit of blood and blood components can                Medicare and Medicaid Services (CMS).
                                                  such use by FDA. The consignee must                     be clearly traced, § 606.160 requires that            Based on information received from
                                                  make reasonable attempts to perform the                 legible and indelible contemporaneous                 CBER’s database systems, there are
                                                  notification within 12 weeks of receipt                 records of each such step be made and                 approximately 416 licensed Source
                                                  of the supplemental test result or receipt              maintained for no less than 10 years.                 Plasma establishments with multiple
                                                  of a reactive screening test result when                Section 606.160(b)(1)(viii) requires                  locations and approximately 1,265
                                                  there is no available supplemental test                 records of the quarantine, notification,              licensed blood collection
                                                  that is approved for such use by FDA,                   testing and disposition performed under               establishments, for an estimated total of
                                                  or if under an IND or IDE, is exempted                  the HIV and HCV ‘‘lookback’’                          1,681 licensed blood collection
                                                  for such use by FDA (§§ 610.46(b)(3)                    provisions. Furthermore,                              establishments. Also, there are an
                                                  and 610.47(b)(3)).                                      § 606.160(b)(1)(ix) requires a blood                  estimated total of 680 unlicensed,
                                                     Section 630.6(a) (21 CFR 630.6(a))                   collection establishment to maintain                  registered blood collection
                                                  requires an establishment to make                       records of notification of donors                     establishments for an approximate total
                                                  reasonable attempts to notify any donor                 deferred or determined not to be eligible             of 2,361 collection establishments (416
                                                  who has been deferred as required by                    for donation, including appropriate                   + 1,265 + 680 = 2,361 establishments).
                                                  § 610.41, or who has been determined                    followup. Section 606.160(b)(1)(xi)                   Of these establishments, approximately
                                                  not to be eligible as a donor. Section                  requires an establishment to maintain                 990 perform plateletpheresis and
                                                  630.6(d)(1) requires an establishment to                records of notification of the referring              leukapheresis. These establishments
                                                  provide certain information to the                      physician of a deferred autologous                    annually collect approximately 40
                                                  referring physician of an autologous                    donor, including appropriate followup.                million units of Whole Blood and blood
                                                  donor who is deferred based on the                         Section 606.165, in brief, requires that           components, including Source Plasma
                                                  results of tests as described in § 610.41.              distribution and receipt records be                   and Source Leukocytes, and are
                                                     Under the recordkeeping                              maintained to facilitate recalls, if                  required to follow FDA ‘‘lookback’’
                                                  requirements, § 606.100(b), in brief,                   necessary.                                            procedures. In addition, there are
                                                  requires that written SOPs be                              Section 606.170(a) requires records to             another 4,961 establishments that fall
                                                  maintained for all steps to be followed                 be maintained of any reports of                       under the Clinical Laboratory
                                                  in the collection, processing,                          complaints of adverse reactions arising               Improvement Amendments of 1988
                                                  compatibility testing, storage, and                     as a result of blood collection or                    (CLIA) (Pub. L. 100–578) (formerly
                                                  distribution of blood and blood                         transfusion. Each such report must be                 referred to as facilities approved for
                                                  components used for transfusion and                     thoroughly investigated, and a written                Medicare reimbursement) that transfuse
                                                  further manufacturing purposes. Section                 report, including conclusions and                     blood and blood components.
                                                  606.100(c) requires the review of all                   followup, must be prepared and                           The following reporting and
                                                  records pertinent to the lot or unit of                 maintained. Section 606.170(a) also                   recordkeeping estimates are based on
                                                  blood prior to release or distribution.                 requires that when an investigation                   information provided by industry, CMS,
                                                  Any unexplained discrepancy or the                      concludes that the product caused the                 and FDA experience. Based on
                                                  failure of a lot or unit of final product               transfusion reaction, copies of all such              information received from industry, we
                                                  to meet any of its specifications must be               written reports must be forwarded to                  estimate that there are approximately 25
                                                  thoroughly investigated, and the                        and maintained by the manufacturer or                 million donations of Source Plasma
                                                  investigation, including conclusions                    collecting facility.                                  from approximately 2 million donors
                                                  and followup, must be recorded.                            Section 610.40(g)(1) requires an                   and approximately 15 million donations
                                                     In brief, § 606.110(a) provides that the             establishment to appropriately                        of Whole Blood, including
                                                  use of plateletpheresis and                             document a medical emergency for the                  approximately 225,000 (approximately
                                                  leukapheresis procedures to obtain a                    release of human blood or blood                       1.5 percent of 15 million) autologous
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                                                  product for a specific recipient may be                 components prior to completion of                     donations, from approximately 10.9
                                                  at variance with the additional                         required testing.                                     million donors. Assuming each
                                                  standards for that specific product if,                    In addition to the CGMP regulations                autologous donor makes an average of 2
                                                  among other things, the physician                       in part 606, there are regulations in 21              donations, FDA estimates that there are
                                                  certifies in writing that the donor’s                   CFR part 640 that require additional                  approximately 112,500 autologous
                                                  health permits plateletpheresis or                      standards for certain blood and blood                 donors.
                                                  leukapheresis. Section 606.110(b)                       components as follows: Sections                          FDA estimates that approximately 5
                                                  requires establishments to request prior                640.3(a)(1), (a)(2), and (f); 640.4(a)(1)             percent (3,600) of the 72,000 donations


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                                                                                 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices                                             11447

                                                  that are donated specifically for the use               estimate that an average of three                       It is estimated that another 4.5 percent
                                                  of an identified recipient would be                     components was made from each                         of 10 million potential donors (450,000
                                                  tested under the dedicated donors’                      donation. Under §§ 610.46(a)(1)(ii)(B)                donors) are deferred annually based on
                                                  testing provisions in § 610.40(c)(1)(ii).               and (a)(3), this estimate results in 10,500           test results. We estimate that
                                                     Under §§ 610.40(g)(2) and                            (3,500 × 3) notifications of the HIV                  approximately 95 percent of the
                                                  (h)(2)(ii)(A), Source Leukocytes, a                     screening test results to consignees by               establishments that collect 99 percent of
                                                  licensed product that is used in the                    collecting establishments for the                     the blood and blood components notify
                                                  manufacture of interferon, which                        purpose of quarantining affected blood                donors who have reactive test results for
                                                  requires rapid preparation from blood,                  and blood components, and another                     HIV, Hepatitis B Virus, HCV, Human
                                                  is currently shipped prior to completion                10,500 (3,500 × 3) notifications to                   T-Lymphotropic Virus, and syphilis as
                                                  of testing for evidence of certain                      consignees of subsequent test results.                usual and customary business practice.
                                                  communicable disease agents.                               We estimate that § 610.46(b)(3) will               Consequently, 5 percent of the 1,681
                                                  Shipments of Source Leukocytes are                      require 4,961 consignees to notify                    establishments (84) collecting 1 percent
                                                  preapproved under a biologics license                   transfusion recipients, their legal                   (4,500) of the deferred donors (450,000)
                                                  application (BLA) and each shipment                     representatives, or physicians of record              would notify donors under § 630.6(a).
                                                  does not have to be reported to the                     an average of 0.35 times per year                       As part of usual and customary
                                                  Agency. Based on information from                       resulting in a total number of 1,755 (585             business practice, collecting
                                                  CBER’s database system, FDA receives                    confirmed positive repeat donors × 3)                 establishments notify an autologous
                                                  less than one application per year from                 notifications. Also under § 610.46(b)(3),             donor’s referring physician of reactive
                                                  manufacturers of Source Leukocytes.                     we estimate and include the time to                   test results obtained during the donation
                                                  However, for calculation purposes, we                   gather test results and records for each              process required under § 630.6(d)(1).
                                                  are estimating one application annually.                recipient and to accommodate multiple                 However, we estimate that
                                                     Under §§ 610.40(h)(2)(ii)(C) and                     attempts to contact the recipient.                    approximately 5 percent of the 1,265
                                                  (h)(2)(ii)(D), FDA estimates that each                                                                        blood collection establishments (63)
                                                                                                             Furthermore, we estimate that
                                                  manufacturer would ship an estimated 1                                                                        may not notify the referring physicians
                                                                                                          approximately 7,800 repeat donors per
                                                  unit of human blood or blood                                                                                  of the estimated 2 percent of 112,500
                                                                                                          year would test reactive for antibody to
                                                  components per month (12 per year)                                                                            autologous donors with the initial
                                                                                                          HCV. Under §§ 610.47(a)(1)(ii)(B) and
                                                  that would require two labels; one as                                                                         reactive test results (2,250) as their
                                                  reactive for the appropriate screening                  610.47(a)(3), collecting establishments
                                                                                                                                                                usual and customary business practice.
                                                  test under § 610.40(h)(2)(ii)(C), and the               would notify the consignee 2 times for                  The recordkeeping chart reflects the
                                                  other stating the exempted use                          each of the 23,400 (7,800 × 3                         estimate that approximately 95 percent
                                                  specifically approved by FDA under                      components) components prepared from                  of the recordkeepers, which collect 99
                                                  § 610.40(h)(2)(ii)(D). According to                     these donations, once for quarantine                  percent of the blood supply, have
                                                  CBER’s database system, there are                       purposes and again with additional                    developed SOPs as part of their
                                                  approximately 40 licensed                               HCV test results for a total of 46,800                customary and usual business practice.
                                                  manufacturers that ship known reactive                  notifications as an annual ongoing                    Establishments may minimize burdens
                                                  human blood or blood components.                        burden. Under § 610.47(b)(3), we                      associated with CGMP and related
                                                     Based on information we received                     estimate that approximately 4,961                     regulations by using model standards
                                                  from industry, we estimate that                         consignees would notify approximately                 developed by industries’ accreditation
                                                  approximately 18,000 donations: (1)                     2,050 recipients or their physicians of               organizations. These accreditation
                                                  Annually test reactive by a screening                   record annually.                                      organizations represent almost all
                                                  test for syphilis; (2) are determined to be                Based on industry estimates,                       registered blood establishments.
                                                  biological false positives by additional                approximately 13 percent of                             Under § 606.160(b)(1)(ix), we estimate
                                                  testing; and (3) are labeled accordingly                approximately 10 million potential                    the total annual records based on the
                                                  (§ 610.40(h)(2)(vi)).                                   donors (1.3 million donors) who come                  approximately 1.3 million donors
                                                     Human blood or a blood component                     to donate annually are determined not                 determined not to be eligible to donate
                                                  with a reactive screening test, as a                    to be eligible for donation prior to                  and each of the estimated 1.75 million
                                                  component of a medical device, is an                    collection because of failure to satisfy              (1.3 million + 450,000) donors deferred
                                                  integral part of the medical device, e.g.,              eligibility criteria. It is the usual and             based on reactive test results for
                                                  a positive control for an in vitro                      customary business practice of                        evidence of infection because of
                                                  diagnostic testing kit. It is usual and                 approximately 1,945 (1,265 + 680) blood               communicable disease agents. Under
                                                  customary business practice for                         collecting establishments to notify                   § 606.160(b)(1)(xi), only the 1,945
                                                  manufacturers to include on the                         onsite and to explain why the donor is                registered blood establishments collect
                                                  container label a warning statement that                determined not to be suitable for                     autologous donations and, therefore, are
                                                  identifies the communicable disease                     donating. Based on such available                     required to notify referring physicians.
                                                  agent. In addition, on the rare occasion                information, we estimate that two-thirds              We estimate that 4.5 percent of the
                                                  when a human blood or blood                             (1,297) of the 1,945 blood collecting                 112,500 autologous donors (5,063) will
                                                  component with a reactive screening                     establishments provided onsite                        be deferred under § 610.41, which in
                                                  test is the only component available for                additional information and counseling                 turn will lead to the notification of their
                                                  a medical device that does not require                  to a donor determined not to be eligible              referring physicians.
                                                  a reactive component, then a warning                    for donation as usual and customary                     FDA has concluded that the use of
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                                                  statement must be affixed to the medical                business practice. Consequently, we                   untested or incompletely tested but
                                                  device. To account for this rare occasion               estimate that only one-third, or 648,                 appropriately documented human blood
                                                  under § 610.42(a), we estimate that the                 approximately, blood collecting                       or blood components in rare medical
                                                  warning statement would be necessary                    establishments would need to provide,                 emergencies should not be prohibited.
                                                  no more than once a year.                               under § 630.6(a), additional information              We estimate the recordkeeping under
                                                     FDA estimates that approximately                     and onsite counseling to the estimated                § 610.40(g)(1) to be minimal with one or
                                                  3,500 repeat donors will test reactive on               433,333 (one-third of approximately 1.3               fewer occurrences per year. The
                                                  a screening test for HIV. We also                       million) ineligible donors.                           reporting of test results to the consignee


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                                                  11448                                     Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices

                                                  in § 610.40(g) is part of the usual and                                    estimates received from industry or FDA                                      were not responsive to the comment
                                                  customary business practice or                                             experience with similar reporting or                                         request on the four specified aspects of
                                                  procedure to finish the testing and                                        recordkeeping requirements.                                                  the collection of information and did
                                                  provide the results to the manufacturer                                      In the Federal Register of October 20,                                     not provide any data or explanation that
                                                  responsible for labeling the blood                                         2014 (79 FR 62629), FDA published a                                          would support a change regarding the
                                                  products.                                                                  60-day notice requesting public                                              information collection estimates.
                                                    The average burden per response                                          comment on the proposed collection of
                                                  (hours) and average burden per                                             information. FDA received five                                                 FDA estimates the burden of this
                                                  recordkeeping (hours) are based on                                         comments; however, the comments                                              collection of information as follows:

                                                                                                                TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                             Number of                                                 Average
                                                                                                                                                  Number of                                            Total annual
                                                                                  21 CFR section                                                                           responses per                                             burden per              Total hours
                                                                                                                                                 respondents                                            responses
                                                                                                                                                                             respondent                                               response

                                                  606.170(b) 2 ..........................................................................                           72                          1                         72                          20            1,440
                                                  610.40(g)(2) .........................................................................                             1                          1                          1                           1                1
                                                  610.40(h)(2)(ii)(A) .................................................................                              1                          1                          1                           1                1

                                                        Total ..............................................................................   ........................   ........................    ........................    ........................          1,442
                                                     1 There   are no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 The   reporting requirement in § 640.73, which addresses the reporting of fatal donor reactions, is included in the estimate for § 606.170(b).

                                                                                                            TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                            Number of
                                                                                                                Number of                                            Total annual
                                                                 21 CFR section                                                            records per                                          Average burden per recordkeeping                             Total hours
                                                                                                              recordkeepers                                            records
                                                                                                                                          recordkeeper

                                                  606.100(b) 2 .......................................                       5 366                    1                           366          24 .....................................................            8,784
                                                  606.100(c) .........................................                       5 366                   10                         3,660          1 .......................................................           3,660
                                                  606.110(a) 3 .......................................                         6 50                   1                            50          0.5 (30 minutes) ...............................                       25
                                                  606.151(e) .........................................                       5 366                   12                         4,392          0.08 (5 minutes) ...............................                      351
                                                  606.160 4 ...........................................                      5 366                1,046.45                    383,000          0.75 (45 minutes) .............................                   287,250
                                                  606.160(b)(1)(viii) ..............................                         1,945                   10.80                     21,000          0.17 (10 minutes) .............................                     3,570
                                                  HIV consignee notification ................                                4,961                    4.23                     21,000          0.17 (10 minutes) .............................                     3,570
                                                  606.160(b)(1)(viii) ..............................                         1,945                   24.06                     46,800          0.17 (10 minutes) .............................                     7,956
                                                  HCV consignee notification ...............                                 4,961                    9.43                     46,800          0.17 (10 minutes) .............................                     7,956
                                                  HIV recipient notification ...................                             4,961                    0.35                      1,755          0.17 (10 minutes) .............................                       298
                                                  HCV recipient notification .................                               4,961                    0.41                      2,050          0.17 (10 minutes) .............................                       349
                                                  606.160(b)(1)(ix) ...............................                          2,361                  741.21                  1,750,000          0.05 (3 minutes) ...............................                   87,500
                                                  606.160(b)(1)(xi) ...............................                          1,945                    2.6                       5,063          0.05 (3 minutes) ...............................                      253
                                                  606.165 .............................................                      5 366                1,046.45                    383,000          0.08 (5 minutes) ...............................                   30,640
                                                  606.170(a) .........................................                       5 366                   12                         4,392          1 .......................................................           4,392
                                                  610.40(g)(1) ......................................                        2,361                    1                         2,361          0.5 (30 minutes) ...............................                    1,180

                                                        Total ...........................................     ........................   ........................   ........................   ...........................................................       447,734
                                                     1 There  are no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 The  recordkeeping requirements in §§ 640.3(a)(1), 640.4(a)(1), and 640.66, which address the maintenance of SOPs, are included in the esti-
                                                  mate for § 606.100(b).
                                                     3 The recordkeeping requirements in § 640.27(b), which address the maintenance of donor health records for the plateletpheresis, are included
                                                  in the estimate for § 606.110(a).
                                                     4 The recordkeeping requirements in §§ 640.3(a)(2) and (f); 640.4(a)(2); 640.25(b)(4) and (c)(1); 640.31(b); 640.33(b); 640.51(b); 640.53(b) and
                                                  (c); 640.56(b) and (d); 640.61; 640.63(b)(3), (e)(1), and (e)(3); 640.65(b)(2); 640.71(b)(1); 640.72; and 640.76(a) and (b), which address the
                                                  maintenance of various records, are included in the estimate for § 606.160.
                                                     5 Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered blood establishments (0.05 ×
                                                  4,961 + 2,361 = 366).
                                                     6 Five percent of plateletpheresis and leukapheresis establishments (0.05 × 990 = 50).



                                                                                                  TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                           Number of
                                                                                                                 Number of                                           Total annual
                                                                 21 CFR section                                                          responses per                                               Average burden per response                             Total hours
                                                                                                                respondents                                           responses
                                                                                                                                           respondent

                                                  606.170(a) .........................................                       2 366                       1.2                        439        0.5 (30 minutes) ...............................                       220
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                                                  610.40(c)(1)(ii) ...................................                       2,361                       1.52                     3,600        0.08 (5 minutes) ...............................                       288
                                                  610.40(h)(2)(ii)(C) and (h)(2)(ii)(D) ...                                     40                      12                          480        0.2 (12 minutes) ...............................                        96
                                                  610.40(h)(2)(vi) .................................                         2,361                       7.62                    18,000        0.08 (5 minutes) ...............................                     1,440
                                                  610.42(a) ...........................................                          1                       1                            1        1 .......................................................                1
                                                  610.46(a)(1)(ii)(B) ..............................                         1,945                       5.40                    10,500        0.17 (10 minutes) .............................                      1,785
                                                  610.46(a)(3) ......................................                        1,945                       5.40                    10,500        0.17 (10 minutes) .............................                      1,785
                                                  610.46(b)(3) ......................................                        4,961                       0.35                     1,755        1 .......................................................            1,755
                                                  610.47(a)(1)(ii)(B) ..............................                         1,945                      12.03                    23,400        0.17 (10 minutes) .............................                      3,978



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                                                                                           Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Notices                                                                                               11449

                                                                                     TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1—Continued
                                                                                                                                         Number of
                                                                                                              Number of                                            Total annual
                                                                 21 CFR section                                                        responses per                                              Average burden per response                              Total hours
                                                                                                             respondents                                            responses
                                                                                                                                         respondent

                                                  610.47(a)(3) ......................................                      1,945                    12.03                     23,400         0.17 (10 minutes) .............................                      3,978
                                                  610.47(b)(3) ......................................                      4,961                     0.41                      2,050         1 .......................................................            2,050
                                                  630.6(a) 3 ...........................................                     648                   668.72                    433,333         0.08 (5 minutes) ...............................                    34,667
                                                  630.6(a) 4 ...........................................                      84                    53.57                      4,500         1.5 (90 minutes) ...............................                     6,750
                                                  630.6(d)(1) ........................................                        63                    35.71                      2,250         1 .......................................................            2,250

                                                        Total ...........................................   ........................   ........................   ........................   ...........................................................         61,043
                                                     1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                     2 Five percent of establishments that fall under CLIA that transfuse blood and components and FDA-registered blood establishments (0.05 ×
                                                  4,961 + 2,361 = 366).
                                                    3 Notification of donors determined not to be eligible for donation based on failure to satisfy eligibility criteria.
                                                    4 Notification of donors deferred based on reactive test results for evidence of infection due to communicable disease agents.




                                                    Dated: February 25, 2015.                                              Spring, MD 20993–0002, PRAStaff@                                             revisions of clinical investigation plans,
                                                  Leslie Kux,                                                              fda.hhs.gov.                                                                 and information on a drug’s safety or
                                                  Associate Commissioner for Policy.                                       SUPPLEMENTARY INFORMATION: In                                                effectiveness. In addition, the sponsor is
                                                  [FR Doc. 2015–04381 Filed 3–2–15; 8:45 am]                               compliance with 44 U.S.C. 3507, FDA                                          required to give FDA an annual
                                                  BILLING CODE 4164–01–P                                                   has submitted the following proposed                                         summary of the previous year’s clinical
                                                                                                                           collection of information to OMB for                                         experience.
                                                                                                                           review and clearance.                                                           Submissions are reviewed by medical
                                                  DEPARTMENT OF HEALTH AND                                                                                                                              officers and other Agency scientific
                                                  HUMAN SERVICES                                                           Investigational New Drug (IND)                                               reviewers assigned responsibility for
                                                                                                                           Regulations—21 CFR Part 312 (OMB                                             overseeing the specific study. The IND
                                                  Food and Drug Administration                                             Control Number 0910–0014)—Extension                                          regulations also contain recordkeeping
                                                  [Docket No. FDA–2014–N–1721]                                                FDA is requesting OMB approval for                                        requirements that pertain to the
                                                                                                                           the reporting and recordkeeping                                              responsibilities of sponsors and
                                                  Agency Information Collection                                            requirements contained in FDA                                                investigators. The detail and complexity
                                                  Activities; Submission for Office of                                     regulations entitled ‘‘Investigational                                       of these requirements are dictated by the
                                                  Management and Budget Review;                                            New Drug Application’’ in part 312 (21                                       scientific procedures and human subject
                                                  Comment Request; Investigational                                         CFR part 312). Part 312 implements                                           safeguards that must be followed in the
                                                  New Drug Applications                                                    provisions of section 505(i) of the                                          clinical tests of investigational new
                                                                                                                           Federal Food, Drug, and Cosmetic Act                                         drugs.
                                                  AGENCY:       Food and Drug Administration,
                                                                                                                           (the FD&C Act) (21 U.S.C. 355(i)) to                                            The IND information collection
                                                  HHS.
                                                                                                                           issue regulations under which the                                            requirements provide the means by
                                                  ACTION:      Notice.                                                                                                                                  which FDA can monitor the clinical
                                                                                                                           clinical investigation of the safety and
                                                  SUMMARY:   The Food and Drug                                             effectiveness of unapproved new drugs                                        investigation of the safety and
                                                  Administration (FDA) is announcing                                       and biological products can be                                               effectiveness of unapproved new drugs
                                                  that a proposed collection of                                            conducted.                                                                   and biological products, including the
                                                  information has been submitted to the                                       FDA is charged with implementing                                          following: (1) Monitor the safety of
                                                  Office of Management and Budget                                          statutory requirements that drug                                             ongoing clinical investigations; (2)
                                                  (OMB) for review and clearance under                                     products marketed in the United States                                       determine whether the clinical testing of
                                                  the Paperwork Reduction Act of 1995.                                     be shown to be safe and effective,                                           a drug should be authorized; (3) ensure
                                                  DATES: Fax written comments on the                                       properly manufactured, and properly                                          production of reliable data on the
                                                  collection of information by April 2,                                    labeled for their intended uses. Section                                     metabolism and pharmacological action
                                                  2015.                                                                    505(a) of the FD&C Act provides that a                                       of the drug in humans; (4) obtain timely
                                                                                                                           new drug may not be introduced or                                            information on adverse reactions to the
                                                  ADDRESSES: To ensure that comments on                                    delivered for introduction into interstate                                   drug; (5) obtain information on side
                                                  the information collection are received,                                 commerce in the United States unless                                         effects associated with increasing doses;
                                                  OMB recommends that written                                              FDA has previously approved a new                                            (6) obtain information on the drug’s
                                                  comments be faxed to the Office of                                       drug application (NDA). FDA approves                                         effectiveness; (7) ensure the design of
                                                  Information and Regulatory Affairs,                                      an NDA only if the sponsor of the                                            well-controlled, scientifically valid
                                                  OMB, Attn: FDA Desk Officer, FAX:                                        application first demonstrates that the                                      studies; and (8) obtain other information
                                                  202–395–7285, or emailed to oira_                                        drug is safe and effective for the                                           pertinent to determining whether
                                                  submission@omb.eop.gov. All                                              conditions prescribed, recommended, or                                       clinical testing should be continued,
                                                  comments should be identified with the                                   suggested in the product’s labeling.                                         and information related to the
                                                  OMB control number 0910–0014. Also
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                                                                                                                           Proof must consist, in part, of adequate                                     protection of human subjects. Without
                                                  include the FDA docket number found                                      and well-controlled studies, including                                       the information provided by industry as
                                                  in brackets in the heading of this                                       studies in humans, that are conducted                                        required under the IND regulations,
                                                  document.                                                                by qualified experts. The IND                                                FDA cannot authorize or monitor the
                                                  FOR FURTHER INFORMATION CONTACT: FDA                                     regulations establish reporting                                              clinical investigations which must be
                                                  PRA Staff, Office of Operations, Food                                    requirements that include an initial                                         conducted prior to authorizing the sale
                                                  and Drug Administration, 8455                                            application as well as amendments to                                         and general use of new drugs. These
                                                  Colesville Rd., COLE–14526, Silver                                       that application, reports on significant                                     reports enable FDA to monitor a study’s


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Document Created: 2015-12-18 11:55:52
Document Modified: 2015-12-18 11:55:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesFax written comments on the collection of information by April 2, 2015.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]
FR Citation80 FR 11444 

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