80_FR_37400 80 FR 37275 - Premarket Notification Requirements Concerning Gowns Intended for Use in Health Care Settings; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

80 FR 37275 - Premarket Notification Requirements Concerning Gowns Intended for Use in Health Care Settings; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37275-37276
FR Document2015-16011

The Food and Drug Administration (FDA) is announcing the availability of the draft guidance entitled ``Premarket Notification Requirements Concerning Gowns Intended for Use in Health Care Settings.'' FDA is issuing this draft guidance to describe the Agency's premarket regulatory requirements and the performance testing needed to support liquid barrier claims for gowns intended for use in health care settings. This draft guidance is being issued in light of the public health importance of personal protective equipment in health care settings and the recognition that terminology used to describe gowns has evolved, including by industry, the standards community, and health care professionals. This draft guidance is not final nor is it in effect at this time.

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Notices]
[Pages 37275-37276]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16011]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-2261]


Premarket Notification Requirements Concerning Gowns Intended for 
Use in Health Care Settings; Draft Guidance for Industry and Food and 
Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the draft guidance entitled ``Premarket Notification 
Requirements Concerning Gowns Intended for Use in Health Care 
Settings.'' FDA is issuing this draft guidance to describe the Agency's 
premarket regulatory requirements and the performance testing needed to 
support liquid barrier claims for gowns intended for use in health care 
settings. This draft guidance is being issued in light of the public 
health importance of personal protective equipment in health care 
settings and the recognition that terminology used to describe gowns 
has evolved, including by industry, the standards community, and health 
care professionals. This draft guidance is not final nor is it in 
effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment of this 
draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by August 31, 2015.

ADDRESSES: An electronic copy of the guidance document is available for 
download from the Internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the guidance document entitled 
``Premarket Notification Requirements Concerning Gowns Intended for Use 
in Health Care Settings'' to the Office of the Center Director, 
Guidance and Policy Development, Center for Devices and Radiological 
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed 
adhesive label to assist that office in processing your request.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number 
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Claverie, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 2508, Silver Spring, MD 20993-0002, 301-
796-6298.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA issued a final rule on June 24, 1988 (53 FR 23874), defining 
``surgical apparel'' under 21 CFR 878.4040. Under this 1988 final rule, 
surgical gowns and surgical masks were classified as Class II subject 
to premarket review under section 510(k) (21 U.S.C. 351) of the Federal 
Food, Drug, and Cosmetic Act (the FD&C Act), and surgical apparel other 
than surgical gowns and surgical masks were classified as Class I also 
subject to 510(k) premarket review requirements. On January 14, 2000, 
FDA issued a final rule (65 FR 2318) to designate as exempt from 
premarket notification requirements surgical apparel other than 
surgical gowns and surgical masks, subject to the limitations of 
exemptions under 21 CFR 878.9, which includes requiring a premarket 
notification for devices intended for a use different from the intended 
use of a legally marketed device in that generic type of device.
    Since the original 1988 final rule, a number of terms have been 
used to refer to gowns intended for use in health care settings 
including, but not limited to, surgical gowns, isolation gowns, 
surgical isolation gowns, nonsurgical gowns, procedural gowns, and 
operating room gowns. In 2004, FDA recognized the consensus standard 
American National Standards Institute/Association of the Advancement of 
Medical Instrumentation (ANSI/AAMI) PB70:2003, ``Liquid barrier 
performance and classification of protective apparel and drapes 
intended for use in health care facilities.'' ANSI/AAMI PB 70 utilized 
new terminology for barrier performance of gowns. This terminology 
described and assessed the barrier protection levels of gowns and other 
protective apparel intended for use in health care facilities, by 
specifying test methods and performance results necessary to verify and 
validate the newly defined levels of barrier protection. The 
definitions and terminology used in this standard are inconsistent with 
FDA's historical definitions of these terms and thus have added 
confusion in the marketplace. The purpose of this draft guidance is to 
clarify and describe the premarket regulatory requirements pertaining 
to gowns regulated under Sec.  878.4040 and the performance testing 
needed to support liquid barrier claims for gowns intended for use in 
health care settings.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance 
represents the Agency's current thinking on performance testing to 
support liquid barrier claims for gowns intended for use in health care 
settings. It does not establish any rights for any person and is not 
binding on FDA or the public. You can use an alternative approach if it 
satisfies the requirements of the applicable statutes and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by 
downloading an electronic copy from the Internet. A search capability 
for all Center for Devices and Radiological Health guidance documents 
is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance 
documents are also available at http://www.regulations.gov. Persons 
unable to download an electronic copy of ``Premarket Notification

[[Page 37276]]

Requirements Concerning Gowns Intended for Use in Health Care 
Settings'' may send an email request to CDRH-Guidance@fda.hhs.gov to 
receive an electronic copy of the document. Please use the document 
number 1500025 to identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR part 807, subparts A through D 
have been approved under OMB control number 0910-0625; the collections 
of information in 21 CFR part 807, subpart E have been approved under 
OMB control number 0910-0120; the collections of information in 21 CFR 
part 803 have been approved under OMB control number 0910-0437; the 
collections of information in 21 CFR part 820 have been approved under 
OMB control number 0910-0073; and the collections of information in 21 
CFR part 801 have been approved under OMB control number 0910-0485.

V. Comments

    Interested persons may submit either written comments regarding 
this document to the Division of Dockets Management (see ADDRESSES) or 
electronic comments to http://www.regulations.gov. It is only necessary 
to send one set of comments. Identify comments with the docket number 
found in brackets in the heading of this document. Received comments 
may be seen in the Division of Dockets Management between 9 a.m. and 4 
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 25, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16011 Filed 6-29-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                   Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices                                            37275

                                                    specific BE recommendations posted on                   10.115(g)(5)), to ensure that the Agency               legally marketed device in that generic
                                                    FDA’s Web site to http://                               considers your comment of this draft                   type of device.
                                                    www.regulations.gov or written                          guidance before it begins work on the                    Since the original 1988 final rule, a
                                                    comments to the Division of Dockets                     final version of the guidance, submit                  number of terms have been used to refer
                                                    Management (see ADDRESSES). It is only                  either electronic or written comments                  to gowns intended for use in health care
                                                    necessary to send one set of comments.                  on the draft guidance by August 31,                    settings including, but not limited to,
                                                    Identify comments with the docket                       2015.                                                  surgical gowns, isolation gowns,
                                                    number found in brackets in the                                                                                surgical isolation gowns, nonsurgical
                                                    heading of this document. The                           ADDRESSES:    An electronic copy of the                gowns, procedural gowns, and operating
                                                    guidances, notices, and received                        guidance document is available for                     room gowns. In 2004, FDA recognized
                                                    comments may be seen in the Division                    download from the Internet. See the                    the consensus standard American
                                                                                                            SUPPLEMENTARY INFORMATION section for                  National Standards Institute/
                                                    of Dockets Management between 9 a.m.
                                                    and 4 p.m., Monday through Friday, and                  information on electronic access to the                Association of the Advancement of
                                                    will be posted to the docket at http://                 guidance. Submit written requests for a                Medical Instrumentation (ANSI/AAMI)
                                                    www.regulations.gov.                                    single hard copy of the guidance                       PB70:2003, ‘‘Liquid barrier performance
                                                                                                            document entitled ‘‘Premarket                          and classification of protective apparel
                                                    V. Electronic Access                                    Notification Requirements Concerning                   and drapes intended for use in health
                                                      Persons with access to the Internet                   Gowns Intended for Use in Health Care                  care facilities.’’ ANSI/AAMI PB 70
                                                    may obtain the document at either                       Settings’’ to the Office of the Center                 utilized new terminology for barrier
                                                    http://www.fda.gov/Drugs/Guidance                       Director, Guidance and Policy                          performance of gowns. This terminology
                                                    ComplianceRegulatoryInformation/                        Development, Center for Devices and                    described and assessed the barrier
                                                    Guidances/default.htm or http://                        Radiological Health, Food and Drug                     protection levels of gowns and other
                                                    www.regulations.gov.                                    Administration, 10903 New Hampshire                    protective apparel intended for use in
                                                      Dated: June 24, 2015.                                 Ave., Bldg. 66, Rm. 5431, Silver Spring,               health care facilities, by specifying test
                                                                                                            MD 20993–0002. Send one self-                          methods and performance results
                                                    Leslie Kux,
                                                                                                            addressed adhesive label to assist that                necessary to verify and validate the
                                                    Associate Commissioner for Policy.
                                                                                                            office in processing your request.                     newly defined levels of barrier
                                                    [FR Doc. 2015–16013 Filed 6–29–15; 8:45 am]
                                                                                                              Submit electronic comments on the                    protection. The definitions and
                                                    BILLING CODE 4164–01–P
                                                                                                            draft guidance to http://                              terminology used in this standard are
                                                                                                            www.regulations.gov. Submit written                    inconsistent with FDA’s historical
                                                    DEPARTMENT OF HEALTH AND                                comments to the Division of Dockets                    definitions of these terms and thus have
                                                    HUMAN SERVICES                                          Management (HFA–305), Food and Drug                    added confusion in the marketplace.
                                                                                                            Administration, 5630 Fishers Lane, Rm.                 The purpose of this draft guidance is to
                                                    Food and Drug Administration                            1061, Rockville, MD 20852. Identify                    clarify and describe the premarket
                                                                                                            comments with the docket number                        regulatory requirements pertaining to
                                                    [Docket No. FDA–2015–D–2261]                            found in brackets in the heading of this               gowns regulated under § 878.4040 and
                                                    Premarket Notification Requirements                     document.                                              the performance testing needed to
                                                    Concerning Gowns Intended for Use in                    FOR FURTHER INFORMATION CONTACT:                       support liquid barrier claims for gowns
                                                    Health Care Settings; Draft Guidance                    Elizabeth Claverie, Center for Devices                 intended for use in health care settings.
                                                    for Industry and Food and Drug                          and Radiological Health, Food and Drug                 II. Significance of Guidance
                                                    Administration Staff; Availability                      Administration, 10903 New Hampshire
                                                                                                                                                                      This draft guidance is being issued
                                                                                                            Ave., Bldg. 66, Rm. 2508, Silver Spring,
                                                    AGENCY:    Food and Drug Administration,                                                                       consistent with FDA’s good guidance
                                                                                                            MD 20993–0002, 301–796–6298.
                                                    HHS.                                                                                                           practices regulation (21 CFR 10.115).
                                                                                                            SUPPLEMENTARY INFORMATION:                             The draft guidance represents the
                                                    ACTION:   Notice.
                                                                                                            I. Background                                          Agency’s current thinking on
                                                    SUMMARY:    The Food and Drug                                                                                  performance testing to support liquid
                                                    Administration (FDA) is announcing the                     FDA issued a final rule on June 24,                 barrier claims for gowns intended for
                                                    availability of the draft guidance                      1988 (53 FR 23874), defining ‘‘surgical                use in health care settings. It does not
                                                    entitled ‘‘Premarket Notification                       apparel’’ under 21 CFR 878.4040. Under                 establish any rights for any person and
                                                    Requirements Concerning Gowns                           this 1988 final rule, surgical gowns and               is not binding on FDA or the public.
                                                    Intended for Use in Health Care                         surgical masks were classified as Class                You can use an alternative approach if
                                                    Settings.’’ FDA is issuing this draft                   II subject to premarket review under                   it satisfies the requirements of the
                                                    guidance to describe the Agency’s                       section 510(k) (21 U.S.C. 351) of the                  applicable statutes and regulations.
                                                    premarket regulatory requirements and                   Federal Food, Drug, and Cosmetic Act
                                                    the performance testing needed to                       (the FD&C Act), and surgical apparel                   III. Electronic Access
                                                    support liquid barrier claims for gowns                 other than surgical gowns and surgical                    Persons interested in obtaining a copy
                                                    intended for use in health care settings.               masks were classified as Class I also                  of the guidance may do so by
                                                    This draft guidance is being issued in                  subject to 510(k) premarket review                     downloading an electronic copy from
                                                    light of the public health importance of                requirements. On January 14, 2000, FDA                 the Internet. A search capability for all
                                                    personal protective equipment in health                 issued a final rule (65 FR 2318) to                    Center for Devices and Radiological
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                                                    care settings and the recognition that                  designate as exempt from premarket                     Health guidance documents is available
                                                    terminology used to describe gowns has                  notification requirements surgical                     at http://www.fda.gov/MedicalDevices/
                                                    evolved, including by industry, the                     apparel other than surgical gowns and                  DeviceRegulationandGuidance/
                                                    standards community, and health care                    surgical masks, subject to the limitations             GuidanceDocuments/default.htm.
                                                    professionals. This draft guidance is not               of exemptions under 21 CFR 878.9,                      Guidance documents are also available
                                                    final nor is it in effect at this time.                 which includes requiring a premarket                   at http://www.regulations.gov. Persons
                                                    DATES: Although you can comment on                      notification for devices intended for a                unable to download an electronic copy
                                                    any guidance at any time (see 21 CFR                    use different from the intended use of a               of ‘‘Premarket Notification


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                                                    37276                            Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Notices

                                                    Requirements Concerning Gowns                               DEPARTMENT OF HEALTH AND                                      estimate of the burden of the proposed
                                                    Intended for Use in Health Care                             HUMAN SERVICES                                                collection of information, including the
                                                    Settings’’ may send an email request to                                                                                   validity of the methodology and
                                                    CDRH-Guidance@fda.hhs.gov to receive                        National Institutes of Health                                 assumptions used; (3) Ways to enhance
                                                    an electronic copy of the document.                                                                                       the quality, utility, and clarity of the
                                                                                                                Submission for OMB Review; 60-Day                             information to be collected; and (4)
                                                    Please use the document number
                                                                                                                Comment Request; Population                                   Ways to minimize the burden of the
                                                    1500025 to identify the guidance you
                                                                                                                Assessment of Tobacco and Health                              collection of information on those who
                                                    are requesting.
                                                                                                                Study                                                         are to respond, including the use of
                                                    IV. Paperwork Reduction Act of 1995                         AGENCY:   National Institute on Drug                          appropriate automated, electronic,
                                                                                                                Abuse (NIDA), the National Institutes of                      mechanical, or other technological
                                                      This guidance refers to previously
                                                                                                                Health (NIH), Department of Health and                        collection techniques or other forms of
                                                    approved collections of information
                                                                                                                Human Services.                                               information technology.
                                                    found in FDA regulations. These
                                                    collections of information are subject to                   SUMMARY: In compliance with the                                  Proposed Collection: Cognitive
                                                    review by the Office of Management and                      requirements of the Paperwork                                 Interviews and Focus Groups for the
                                                    Budget (OMB) under the Paperwork                            Reduction Act of 1995, for opportunity                        Population Assessment of Tobacco and
                                                    Reduction Act of 1995 (44 U.S.C. 3501–                      for public comment on proposed data                           Health (PATH) Study (NIDA), 0925–
                                                    3520). The collections of information in                    collection projects, the National                             0663–Revision, National Institute on
                                                                                                                Institute on Drug Abuse (NIDA), the                           Drug Abuse (NIDA), National Institutes
                                                    21 CFR part 807, subparts A through D
                                                                                                                National Institutes of Health (NIH) will                      of Health (NIH), in partnership with the
                                                    have been approved under OMB control
                                                                                                                publish periodic summaries of proposed                        Food and Drug Administration (FDA).
                                                    number 0910–0625; the collections of
                                                                                                                projects to be submitted to the Office of                        Need and Use of Information
                                                    information in 21 CFR part 807, subpart
                                                                                                                Management and Budget (OMB) for                               Collection: This is a revision request
                                                    E have been approved under OMB                              review and approval.
                                                    control number 0910–0120; the                                                                                             (OMB 0925–0663, expires 11/30/2015)
                                                                                                                DATES: Comment Due Date: Comments                             for the Population Assessment of
                                                    collections of information in 21 CFR
                                                                                                                regarding this information collection are                     Tobacco and Health (PATH) Study to
                                                    part 803 have been approved under
                                                                                                                best assured of having their full effect if                   conduct cognitive interviews and focus
                                                    OMB control number 0910–0437; the                           received within 60 days of the date of                        groups, to support the development of
                                                    collections of information in 21 CFR                        this publication.                                             the Study’s questionnaires and other
                                                    part 820 have been approved under
                                                                                                                FOR FURTHER INFORMATION CONTACT: To                           materials. The PATH Study is a national
                                                    OMB control number 0910–0073; and
                                                                                                                Submit Comments and for Further                               longitudinal cohort study of tobacco use
                                                    the collections of information in 21 CFR                    Information: To obtain a copy of the                          behavior and health among the U.S.
                                                    part 801 have been approved under                           data collection plans and instruments,                        household population of adults age 18
                                                    OMB control number 0910–0485.                               submit comments in writing, or request                        and older and youth ages 12 to 17; the
                                                    V. Comments                                                 more information on the proposed                              Study conducts annual interviews and
                                                                                                                project, contact: Dr. Kevin P. Conway,                        collects biospecimens from adults to
                                                      Interested persons may submit either                      Deputy Director, Division of                                  inform FDA’s regulatory actions under
                                                    written comments regarding this                             Epidemiology, Services, and Prevention                        the Family Smoking Prevention and
                                                    document to the Division of Dockets                         Research, NIDA, NIH, 6001 Executive                           Control Act. Cognitive interviews and
                                                    Management (see ADDRESSES) or                               Boulevard, Room 5185, Rockville, MD                           focus groups are qualitative methods to
                                                    electronic comments to http://                              20852; or call non-toll-free number (301)                     assess how people interpret, process,
                                                    www.regulations.gov. It is only                             443–8755 or Email your request,                               retrieve, and respond to phrases,
                                                    necessary to send one set of comments.                      including your address to:                                    questions, response options, and
                                                    Identify comments with the docket                           PATHprojectofficer@mail.nih.gov.                              product images that may be used in the
                                                    number found in brackets in the                             Formal requests for additional plans and                      development of the PATH Study’s
                                                    heading of this document. Received                          instruments must be requested in                              questionnaires and other materials.
                                                    comments may be seen in the Division                        writing.                                                      These methods have previously been
                                                    of Dockets Management between 9 a.m.                        SUPPLEMENTARY INFORMATION: Written                            used to help the PATH Study improve
                                                    and 4 p.m., Monday through Friday, and                      comments and/or suggestions from the                          the comprehensibility of its materials
                                                    will be posted to the docket at http://                     public and affected agencies are invited                      for Study participants, and to increase
                                                    www.regulations.gov.                                        on one or more of the following points:                       efficiencies in data collection and
                                                                                                                (1) Whether the proposed collection of                        reduce duplication and its associated
                                                      Dated: June 25, 2015.
                                                                                                                information is necessary for the proper                       burden on participants and the public.
                                                    Leslie Kux,
                                                                                                                performance of the function of the                               OMB approval is requested for 3
                                                    Associate Commissioner for Policy.                          agency, including whether the                                 years. There are no costs to respondents
                                                    [FR Doc. 2015–16011 Filed 6–29–15; 8:45 am]                 information will have practical utility;                      other than their time. The total
                                                    BILLING CODE 4164–01–P                                      (2) The accuracy of the agency’s                              annualized burden hours are 2,400.

                                                                                                               ESTIMATED ANNUALIZED BURDEN HOURS
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                                                                                                                                                                                                 Average
                                                                                                                                                                             Number of
                                                                                                                                                            Number of                          burden per     Total annual
                                                                      Activity name                                 Type of respondent                                     responses per
                                                                                                                                                           respondents                          response      burden hours
                                                                                                                                                                             respondent         (in hours)

                                                    Completing eligibility screener ......................   Youth ....................................            1,200                 1            10/60            200
                                                                                                             Adults ....................................           2,400                 1            10/60            400
                                                    Examining concepts to be measured in                     Adults ....................................             200                 1            90/60            300
                                                      PATH Study.



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Document Created: 2018-02-22 11:17:16
Document Modified: 2018-02-22 11:17:16
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.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by August 31, 2015.
ContactElizabeth Claverie, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2508, Silver Spring, MD 20993-0002, 301- 796-6298.
FR Citation80 FR 37275 

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