80_FR_54463 80 FR 54289 - Use of Donor Screening Tests To Test Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products for Infection With Treponema pallidum

80 FR 54289 - Use of Donor Screening Tests To Test Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products for Infection With Treponema pallidum

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 174 (September 9, 2015)

Page Range54289-54290
FR Document2015-22677

The Food and Drug Administration (FDA or Agency) is announcing the availability of a document entitled ``Use of Donor Screening Tests to Test Donors of Human Cells, Tissues and Cellular and Tissue-Based Products for Infection with Treponema pallidum (Syphilis); Guidance for Industry.'' The guidance document provides establishments that make donor eligibility determinations for donors of human cells, tissues, and cellular and tissue-based products (HCT/P Establishments) with updated recommendations concerning donor testing for evidence of Treponema pallidum (T. pallidum) infection, the etiologic agent of syphilis. HCT/P Establishments must, as required under Federal regulations, test a donor specimen for evidence of T. pallidum infection using appropriate FDA-licensed, approved, or cleared donor screening tests, in accordance with the manufacturer's instructions, unless an exception to this requirement applies. The guidance clarifies that FDA does not consider diagnostic tests or pre-amendment devices (which have not been licensed, approved, or cleared) to be adequate for use in donor testing for T. pallidum infection under the criteria specified in Federal regulations. The guidance announced in this notice finalizes the draft guidance of the same title, dated October 2013. The recommendations in the guidance announced in this notice supersedes those recommendations for testing HCT/P donors for evidence of T. pallidum infection contained in the document entitled ``Guidance for Industry: Eligibility Determination for Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps),'' dated August 2007.

Federal Register, Volume 80 Issue 174 (Wednesday, September 9, 2015)
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54289-54290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22677]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-1213]


Use of Donor Screening Tests To Test Donors of Human Cells, 
Tissues, and Cellular and Tissue-Based Products for Infection With 
Treponema pallidum (Syphilis); Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a document entitled ``Use of Donor Screening Tests 
to Test Donors of Human Cells, Tissues and Cellular and Tissue-Based 
Products for Infection with Treponema pallidum (Syphilis); Guidance for 
Industry.'' The guidance document provides establishments that make 
donor eligibility determinations for donors of human cells, tissues, 
and cellular and tissue-based products (HCT/P Establishments) with 
updated recommendations concerning donor testing for evidence of 
Treponema pallidum (T. pallidum) infection, the etiologic agent of 
syphilis. HCT/P Establishments must, as required under Federal 
regulations, test a donor specimen for evidence of T. pallidum 
infection using appropriate FDA-licensed, approved, or cleared donor 
screening tests, in accordance with the manufacturer's instructions, 
unless an exception to this requirement applies. The guidance clarifies 
that FDA does not consider diagnostic tests or pre-amendment devices 
(which have not been licensed, approved, or cleared) to be adequate for 
use in donor testing for T. pallidum infection under the criteria 
specified in Federal regulations. The guidance announced in this notice 
finalizes the draft guidance of the same title, dated October 2013. The 
recommendations in the guidance announced in this notice supersedes 
those recommendations for testing HCT/P donors for evidence of T. 
pallidum infection contained in the document entitled ``Guidance for 
Industry: Eligibility Determination for Donors of Human Cells, Tissues, 
and Cellular and Tissue-Based Products (HCT/Ps),'' dated August 2007.

DATES: Submit either electronic or written comments on Agency guidances 
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to 
the Office of Communication, Outreach and Development, Center for 
Biologics Evaluation and Research (CBER), Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist the office in 
processing your requests. The guidance may also be obtained by mail by 
calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the guidance document.
    Submit electronic comments on the 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.

FOR FURTHER INFORMATION CONTACT: Paul E. Levine, Jr., Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 
240-402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a document entitled ``Use of 
Donor Screening Tests to Test Donors of

[[Page 54290]]

Human Cells, Tissues and Cellular and Tissue-Based Products for 
Infection with Treponema pallidum (Syphilis); Guidance for Industry.'' 
The guidance document provides HCT/P Establishments with updated 
recommendations concerning donor testing for evidence of T. pallidum 
infection. HCT/P Establishments must, as required under Sec.  
1271.80(a) and (c) (21 CFR 1271.80(a) and (c)), test a donor specimen 
for evidence of infection due to T. pallidum using appropriate FDA-
licensed, approved, or cleared donor screening tests, in accordance 
with the manufacturer's instructions, unless an exception to this 
requirement applies under 21 CFR 1271.90. The guidance clarifies that 
FDA does not consider diagnostic tests or pre-amendment devices (which 
have not been licensed, approved, or cleared) to be adequate for use in 
donor testing for T. pallidum infection under the criteria specified in 
Sec.  1271.80(c). FDA will no longer exercise enforcement discretion 
that permits the use of diagnostic syphilis tests or pre-amendments 
devices for use as an HCT/P donor screening test because the wide 
availability of FDA-licensed, approved, or cleared test systems with an 
indication for use in donor screening no longer supports such 
enforcement discretion. FDA recommends that HCT/P Establishments 
implement the recommendations in the guidance as soon as feasible, but 
not later than 6 months after issuance of this guidance.
    In the Federal Register of November 5, 2013 (78 FR 66366), FDA 
announced the availability of the draft guidance of the same title, 
dated October 2013. FDA received several comments on the draft guidance 
and those comments were considered as the guidance was finalized. FDA 
did not make changes to the recommendations in the draft guidance. FDA 
made editorial changes to improve clarity. The guidance announced in 
this notice finalizes the draft guidance dated October 2013.
    In the Federal Register of February 28, 2007 (72 FR 9007), FDA 
announced the availability of the guidance entitled ``Guidance for 
Industry: Eligibility Determination for Donors of Human Cells, Tissues, 
and Cellular and Tissue-Based Products (HCT/Ps),'' dated February 2007. 
FDA issued a revised version of this guidance under the same title, 
dated August 2007 (hereafter referred to as the 2007 Donor Eligibility 
guidance). The guidance announced in this notice supersedes the 
recommendations on compliance with the requirements for testing HCT/P 
donors for T. pallidum that are contained in the 2007 Donor Eligibility 
guidance.
    The guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Use of Donor Screening Tests to Test 
Donors of Human Cells, Tissues and Cellular and Tissue-Based Products 
for Infection with Treponema pallidum (Syphilis); Guidance for 
Industry.'' 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.

II. Comments

    Interested persons may submit either electronic comments regarding 
this document to http://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). 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.

III. Electronic Access

    Persons with access to the Internet may obtain the guidance at 
either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: September 2, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-22677 Filed 9-8-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                      Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices                                          54289

                                             to residents of Illinois with funding                   SUPPLEMENTARY INFORMATION:      In 2012,              etiologic agent of syphilis. HCT/P
                                             from the Retirement Research                            n4a and NASUAD were awarded grants                    Establishments must, as required under
                                             Foundation. Additional funds are                        from ACL to build the business capacity               Federal regulations, test a donor
                                             needed to leverage the foundation’s                     of state and community-based aging and                specimen for evidence of T. pallidum
                                             funding, in order to ensure that the                    disability organizations for managed                  infection using appropriate FDA-
                                             current provision of services to Illinois               long-term services and supports                       licensed, approved, or cleared donor
                                             residents will be continued. This                       (MLTSS). This one-year of grant                       screening tests, in accordance with the
                                             supplementary funding would be                          funding, through continuation grant,                  manufacturer’s instructions, unless an
                                             provided for the approved period.                       will continue to support n4a and                      exception to this requirement applies.
                                               Authority: This program is authorized                 NASUAD in their efforts to:                           The guidance clarifies that FDA does
                                             under Title II of the Older Americans Act                  • Identify and track emerging trends,              not consider diagnostic tests or pre-
                                             (OAA) (42 U.S.C. 3032), as amended by the               best practices, barriers, lessons learned             amendment devices (which have not
                                             Older Americans Act Amendments of 2006,                 and progress in the aging and disability              been licensed, approved, or cleared) to
                                             Public Law 109–365.                                     networks’ integration into MLTSS and                  be adequate for use in donor testing for
                                             (Catalog of Federal Domestic Assistance                 delivery system reform;                               T. pallidum infection under the criteria
                                             93.048).                                                   • increase state and community-based               specified in Federal regulations. The
                                                                                                     aging and disability organizations’                   guidance announced in this notice
                                               Dated: August 14, 2015.                               capacity, readiness and involvement in                finalizes the draft guidance of the same
                                             Kathy Greenlee,                                         the provision of MLTSS through the                    title, dated October 2013. The
                                             Assistant Secretary for Aging and                       provision of broad-based and targeted                 recommendations in the guidance
                                             Administrator, Administration for                       technical assistance, education and
                                             Community Living.
                                                                                                                                                           announced in this notice supersedes
                                                                                                     training; and                                         those recommendations for testing HCT/
                                             [FR Doc. 2015–22630 Filed 9–8–15; 8:45 am]                 • develop products that complement                 P donors for evidence of T. pallidum
                                             BILLING CODE 4154–01–P                                  and enhance the first two areas of focus.             infection contained in the document
                                                                                                        This program is authorized under the               entitled ‘‘Guidance for Industry:
                                                                                                     Older Americans Act of 1965, as                       Eligibility Determination for Donors of
                                             DEPARTMENT OF HEALTH AND                                amended in 2006, Public Law 109–365.
                                             HUMAN SERVICES                                                                                                Human Cells, Tissues, and Cellular and
                                                                                                       Dated: August 28, 2015.                             Tissue-Based Products (HCT/Ps),’’ dated
                                             Administration for Community Living                     Sharon Lewis,                                         August 2007.
                                                                                                     Principal Deputy Administrator,                       DATES: Submit either electronic or
                                             Announcement of the Intent To Award                     Administration for Community Living.                  written comments on Agency guidances
                                             Single-Source Grants to the National                    [FR Doc. 2015–22631 Filed 9–8–15; 8:45 am]            at any time.
                                             Association of Area Agencies on                         BILLING CODE 4154–01–P                                ADDRESSES: Submit written requests for
                                             Aging and the National Association of                                                                         single copies of the guidance to the
                                             States United for Aging and                                                                                   Office of Communication, Outreach and
                                             Disabilities                                            DEPARTMENT OF HEALTH AND                              Development, Center for Biologics
                                                                                                     HUMAN SERVICES                                        Evaluation and Research (CBER), Food
                                             AGENCY:  Administration for Community
                                             Living, HHS.                                                                                                  and Drug Administration, 10903 New
                                                                                                     Food and Drug Administration
                                                                                                                                                           Hampshire Ave., Bldg. 71, Rm. 3128,
                                             ACTION: Notice.                                         [Docket No. FDA–2013–D–1213]                          Silver Spring, MD 20993–0002. Send
                                                                                                                                                           one self-addressed adhesive label to
                                             SUMMARY:    The Administration for                      Use of Donor Screening Tests To Test                  assist the office in processing your
                                             Community Living (ACL) announces the                    Donors of Human Cells, Tissues, and                   requests. The guidance may also be
                                             intent to award, subject to the                         Cellular and Tissue-Based Products                    obtained by mail by calling CBER at 1–
                                             availability of funds, single-source grant              for Infection With Treponema pallidum                 800–835–4709 or 240–402–8010. See
                                             awards in the amount of $335,000 to the                 (Syphilis); Guidance for Industry;                    the SUPPLEMENTARY INFORMATION section
                                             National Association of Area Agencies                   Availability                                          for electronic access to the guidance
                                             on Aging (n4a) and $153,500 to the
                                                                                                     AGENCY:    Food and Drug Administration,              document.
                                             National Association of State United for
                                                                                                     HHS.                                                     Submit electronic comments on the
                                             Aging and Disabilities (NASUAD). The
                                                                                                     ACTION:   Notice.                                     guidance to http://www.regulations.gov.
                                             awards will continue supporting and
                                                                                                                                                           Submit written comments to the
                                             stimulating the ongoing work by these
                                                                                                     SUMMARY:   The Food and Drug                          Division of Dockets Management (HFA–
                                             organizations to further develop and
                                                                                                     Administration (FDA or Agency) is                     305), Food and Drug Administration,
                                             assist states and community-based
                                                                                                     announcing the availability of a                      5630 Fishers Lane, Rm. 1061, Rockville,
                                             organizations with building their
                                                                                                     document entitled ‘‘Use of Donor                      MD 20852.
                                             business capacity for managed long-
                                                                                                     Screening Tests to Test Donors of                     FOR FURTHER INFORMATION CONTACT: Paul
                                             term services and supports and delivery
                                                                                                     Human Cells, Tissues and Cellular and                 E. Levine, Jr., Center for Biologics
                                             system reform. CFDA Numbers: 93.048
                                                                                                     Tissue-Based Products for Infection                   Evaluation and Research, Food and
                                             DATES: The awards will be issued for a                  with Treponema pallidum (Syphilis);                   Drug Administration, 10903 New
                                             project period of September 30, 2015                    Guidance for Industry.’’ The guidance                 Hampshire Ave., Bldg. 71, Rm. 7301,
                                             through September 29, 2016.                             document provides establishments that                 Silver Spring, MD 20993–0002, 240–
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                                             FOR FURTHER INFORMATION CONTACT:                        make donor eligibility determinations                 402–7911.
                                             Marisa Scala-Foley, Office of Integrated                for donors of human cells, tissues, and               SUPPLEMENTARY INFORMATION:
                                             Care Innovations, Administration for                    cellular and tissue-based products
                                             Community Living, 1 Massachusetts                       (HCT/P Establishments) with updated                   I. Background
                                             Avenue NW., Washington, DC 20001.                       recommendations concerning donor                         FDA is announcing the availability of
                                             Telephone: 202–357–3516; Email:                         testing for evidence of Treponema                     a document entitled ‘‘Use of Donor
                                             Marisa.Scala-Foley@acl.hhs.gov.                         pallidum (T. pallidum) infection, the                 Screening Tests to Test Donors of


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                                             54290                    Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices

                                             Human Cells, Tissues and Cellular and                   contained in the 2007 Donor Eligibility               sixth annual scientific workshop co-
                                             Tissue-Based Products for Infection                     guidance.                                             sponsored by FDA and the Coalition
                                             with Treponema pallidum (Syphilis);                        The guidance is being issued                       Against Major Diseases Consortium of
                                             Guidance for Industry.’’ The guidance                   consistent with FDA’s good guidance                   the Critical Path Institute, contained
                                             document provides HCT/P                                 practices regulation (21 CFR 10.115).                 incorrect Web links for online
                                             Establishments with updated                             The guidance represents the current                   registration and for the FDA Meeting
                                             recommendations concerning donor                        thinking of FDA on ‘‘Use of Donor                     Information Page (where the workshop
                                             testing for evidence of T. pallidum                     Screening Tests to Test Donors of                     agenda will be made available) and an
                                             infection. HCT/P Establishments must,                   Human Cells, Tissues and Cellular and                 incorrect registration deadline. This
                                             as required under § 1271.80(a) and (c)                  Tissue-Based Products for Infection                   document corrects those errors.
                                             (21 CFR 1271.80(a) and (c)), test a donor               with Treponema pallidum (Syphilis);                   FOR FURTHER INFORMATION CONTACT:
                                             specimen for evidence of infection due                  Guidance for Industry.’’ It does not                  Jacqueline Brooks-Leighton, Center for
                                             to T. pallidum using appropriate FDA-                   establish any rights for any person and               Drug Evaluation and Research, Food
                                             licensed, approved, or cleared donor                    is not binding on FDA or the public.                  and Drug Administration, 10903 New
                                             screening tests, in accordance with the                 You can use an alternative approach if                Hampshire Ave., Bldg. 21, Rm. 4521,
                                             manufacturer’s instructions, unless an                  it satisfies the requirements of the                  Silver Spring, MD 20993, 240–402–
                                             exception to this requirement applies                   applicable statutes and regulations.                  5292, FAX: 301–796–9907, email:
                                             under 21 CFR 1271.90. The guidance                      II. Comments                                          jacqueline.brooks-leighton@fda.hhs.gov.
                                             clarifies that FDA does not consider                                                                          SUPPLEMENTARY INFORMATION: In FR Doc.
                                             diagnostic tests or pre-amendment                          Interested persons may submit either               2015–18969, appearing on page 45998,
                                             devices (which have not been licensed,                  electronic comments regarding this                    in the Federal Register of Monday
                                             approved, or cleared) to be adequate for                document to http://www.regulations.gov                August 3, 2015, the following
                                             use in donor testing for T. pallidum                    or written comments to the Division of                corrections are made:
                                             infection under the criteria specified in               Dockets Management (see ADDRESSES). It                   On page 45998, in the second full
                                             § 1271.80(c). FDA will no longer                        is only necessary to send one set of                  paragraph of the third column, the
                                             exercise enforcement discretion that                    comments. Identify comments with the                  registration link, https://
                                             permits the use of diagnostic syphilis                  docket number found in brackets in the                www.SignUp4.net/public/ap.aspx?EID=
                                             tests or pre-amendments devices for use                 heading of this document. Received                    SIXT10E, is corrected to read http://
                                             as an HCT/P donor screening test                        comments may be seen in the Division                  www.cvent.com/events/6th-annual-
                                             because the wide availability of FDA-                   of Dockets Management between 9 a.m.                  coalition-against-major-diseases-food-
                                             licensed, approved, or cleared test                     and 4 p.m., Monday through Friday, and                and-drug-administration-scientific-
                                             systems with an indication for use in                   will be posted to the docket at http://               workshop-public-/invitation-ed6c207
                                             donor screening no longer supports                      www.regulations.gov.                                  cbf09447185a891e4bf62ad7a.aspx?i=
                                             such enforcement discretion. FDA                        III. Electronic Access                                70715ca1-f255-46b2-a370-
                                             recommends that HCT/P Establishments                                                                          3fe3881bbab2.
                                                                                                        Persons with access to the Internet                   On page 45998, in the third full
                                             implement the recommendations in the
                                                                                                     may obtain the guidance at either                     paragraph of the third column, the
                                             guidance as soon as feasible, but not
                                                                                                     http://www.fda.gov/BiologicsBlood                     registration deadline, October 14, 2015,
                                             later than 6 months after issuance of this
                                                                                                     Vaccines/GuidanceCompliance                           is corrected to read October 13, 2015.
                                             guidance.
                                                                                                     RegulatoryInformation/Guidances/                         On page 45998, in the third full
                                                In the Federal Register of November                  default.htm or http://
                                             5, 2013 (78 FR 66366), FDA announced                                                                          paragraph of the third column, the link
                                                                                                     www.regulations.gov.                                  for the FDA Meeting information page,
                                             the availability of the draft guidance of
                                                                                                       Dated: September 2, 2015.                           http://www.fda.gov/Drugs/NewsEvents/
                                             the same title, dated October 2013. FDA
                                                                                                     Leslie Kux,                                           ucm410863.htm, is corrected to read
                                             received several comments on the draft
                                                                                                     Associate Commissioner for Policy.                    http://www.fda.gov/Drugs/NewsEvents/
                                             guidance and those comments were
                                                                                                                                                           ucm457486.htm.
                                             considered as the guidance was                          [FR Doc. 2015–22677 Filed 9–8–15; 8:45 am]
                                             finalized. FDA did not make changes to                  BILLING CODE 4164–01–P                                  Dated: September 2, 2015.
                                             the recommendations in the draft                                                                              Leslie Kux,
                                             guidance. FDA made editorial changes                                                                          Associate Commissioner for Policy.
                                             to improve clarity. The guidance                        DEPARTMENT OF HEALTH AND                              [FR Doc. 2015–22674 Filed 9–8–15; 8:45 am]
                                             announced in this notice finalizes the                  HUMAN SERVICES                                        BILLING CODE 4164–01–P
                                             draft guidance dated October 2013.
                                                                                                     Food and Drug Administration
                                                In the Federal Register of February
                                             28, 2007 (72 FR 9007), FDA announced                    [Docket No. FDA–2015–N–0001]                          DEPARTMENT OF HEALTH AND
                                             the availability of the guidance entitled                                                                     HUMAN SERVICES
                                             ‘‘Guidance for Industry: Eligibility                    Sixth Annual Coalition Against Major
                                             Determination for Donors of Human                       Diseases/Food and Drug                                Food and Drug Administration
                                             Cells, Tissues, and Cellular and Tissue-                Administration Scientific Workshop;                   [Docket No. FDA–2015–N–3015]
                                             Based Products (HCT/Ps),’’ dated                        Public Workshop; Correction
                                             February 2007. FDA issued a revised                     AGENCY:    Food and Drug Administration,              Use of Databases for Establishing the
                                             version of this guidance under the same                 HHS.                                                  Clinical Relevance of Human Genetic
Lhorne on DSK5TPTVN1PROD with NOTICES




                                             title, dated August 2007 (hereafter                                                                           Variants; Public Workshop; Request
                                                                                                     ACTION:   Notice; correction.
                                             referred to as the 2007 Donor Eligibility                                                                     for Comments
                                             guidance). The guidance announced in                    SUMMARY:   The Food and Drug                          AGENCY:    Food and Drug Administration,
                                             this notice supersedes the                              Administration (FDA) is correcting a                  HHS.
                                             recommendations on compliance with                      notice that appeared in the Federal
                                                                                                                                                           ACTION: Notice of public workshop;
                                             the requirements for testing HCT/P                      Register of August 3, 2015 (80 FR
                                                                                                                                                           request for comments.
                                             donors for T. pallidum that are                         45998). That notice, announcing the


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Document Created: 2015-12-15 09:53:04
Document Modified: 2015-12-15 09:53:04
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.
DatesSubmit either electronic or written comments on Agency guidances at any time.
ContactPaul E. Levine, Jr., Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation80 FR 54289 

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