80_FR_67054 80 FR 66844 - Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff; Reopening of the Comment Period

80 FR 66844 - Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff; Reopening of the Comment Period

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66844-66845
FR Document2015-27705

The Food and Drug Administration (FDA) is reopening the comment period for the draft document entitled ``Minimal Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry and Food and Drug Administration Staff,'' published in the Federal Register of December 23, 2014. FDA is reopening the comment period to allow interested persons additional time to submit comments and any new information.

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Proposed Rules]
[Pages 66844-66845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27705]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1271

[Docket No. FDA-2014-D-1696]


Minimal Manipulation of Human Cells, Tissues, and Cellular and 
Tissue-Based Products; Draft Guidance for Industry and Food and Drug 
Administration Staff; Reopening of the Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; reopening of the comment period.

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

SUMMARY: The Food and Drug Administration (FDA) is reopening the 
comment period for the draft document entitled ``Minimal Manipulation 
of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft 
Guidance for Industry and Food and Drug Administration Staff,'' 
published in the Federal Register of December 23, 2014. FDA is 
reopening the comment period to allow interested persons additional 
time to submit comments and any new information.

DATES: Submit either electronic or written comments on the draft 
guidance by April 29, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2014-D-1696 for ``Minimal Manipulation of Human Cells, Tissues, and 
Cellular and Tissue-Based Products; Draft Guidance for Industry and 
Food and Drug Administration Staff; Reopening the Comment Period.'' 
Received comments will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION''. The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential''. Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access

[[Page 66845]]

the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lori J. Churchyard, 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

    In the Federal Register of December 23, 2014 (79 FR 77012), FDA 
announced the availability of a draft document entitled ``Minimal 
Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based 
Products; Draft Guidance for Industry and Food and Drug Administration 
Staff'' dated December 2014. The draft guidance document provides human 
cells, tissues, and cellular and tissue-based product (HCT/P) 
manufacturers, health care providers, and FDA staff with 
recommendations for meeting the 21 CFR 1271.10(a)(1) criterion of 
minimal manipulation. Interested persons were originally given until 
February 23, 2015, to comment on the draft guidance.
    Elsewhere in this issue of the Federal Register, FDA is announcing 
four other related documents. In a separate document, FDA is announcing 
a public hearing entitled ``Draft Guidances Relating to the Regulation 
of Human Cells, Tissues, or Cellular or Tissue-Based Products; Public 
Hearing; Request for Comments'' (part 15 hearing) to be held on April 
13, 2016, to provide stakeholders with the opportunity to discuss FDA's 
policy on regulation of HCT/Ps related to the four draft guidances on 
the following topics: Homologous use, same surgical procedure 
exception, minimal manipulation, and adipose tissue.
    In a separate document, FDA is announcing the availability of a 
draft document entitled ``Homologous Use of Human Cells, Tissues, and 
Cellular and Tissue-Based Products; Draft Guidance for Industry and FDA 
Staff.''
    In separate documents, FDA is also reopening the comment periods to 
FDA's public dockets on the previously issued draft guidance documents 
on the following topics related to HCT/Ps: Adipose tissue (Docket No. 
FDA-2014-D-1856) and same surgical procedure exception (Docket No. FDA-
2014-D-1584).

II. Reopening of Comment Period

    Following publication of December 23, 2014, notice of availability, 
FDA received a request to allow interested persons additional time to 
comment. In conjunction with the part 15 hearing and announcement of 
availability of the homologous use draft guidance, FDA is reopening the 
comment period to allow potential respondents to thoroughly evaluate 
and address pertinent issues. The minimal manipulation draft guidance 
and other related guidances (homologous use, same surgical procedure 
exception, adipose tissue) all deal with the interpretation of the 
regulations under 21 CFR part 1271 that will be addressed as part of 
the part 15 hearing.

    Dated: October 27, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-27705 Filed 10-29-15; 8:45 am]
BILLING CODE 4164-01-P



                                                66844                    Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules

                                                Clearance, Social Security                              DEPARTMENT OF HEALTH AND                              manner detailed (see ‘‘Written/Paper
                                                Administration, 3100 West High Rise,                    HUMAN SERVICES                                        Submissions’’ and ‘‘Instructions’’).
                                                6401 Security Boulevard, Baltimore,                                                                           Written/Paper Submissions
                                                Maryland 21235–6401.                                    Food and Drug Administration
                                                                                                                                                                 Submit written/paper submissions as
                                                  Comments are available for public                                                                           follows:
                                                                                                        21 CFR Part 1271
                                                viewing on the Federal eRulemaking                                                                               • Mail/Hand delivery/Courier (for
                                                portal at http://www.regulations.gov or                 [Docket No. FDA–2014–D–1696]                          written/paper submissions): Division of
                                                in person, during regular business                                                                            Dockets Management (HFA–305), Food
                                                hours, by arranging with the contact                    Minimal Manipulation of Human Cells,                  and Drug Administration, 5630 Fishers
                                                person identified below.                                Tissues, and Cellular and Tissue-                     Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                        Based Products; Draft Guidance for                       • For written/paper comments
                                                FOR FURTHER INFORMATION CONTACT:                        Industry and Food and Drug                            submitted to the Division of Dockets
                                                Mary Quatroche, Office of Disability                    Administration Staff; Reopening of the                Management, FDA will post your
                                                Policy, Social Security Administration,                 Comment Period                                        comment, as well as any attachments,
                                                6401 Security Boulevard, Baltimore, MD                                                                        except for information submitted,
                                                21235–6401, (410) 966–4794. For                         AGENCY:    Food and Drug Administration,
                                                                                                        HHS.                                                  marked and identified, as confidential,
                                                information on eligibility or filing for                                                                      if submitted as detailed in
                                                benefits, call our national toll-free                         Notification; reopening of the
                                                                                                        ACTION:                                               ‘‘Instructions.’’
                                                number, 1–800–772–1213 or TTY 1–                        comment period.                                          Instructions: All submissions received
                                                800–325–0778, or visit our Internet site,                                                                     must include the Docket No. FDA–
                                                                                                        SUMMARY:   The Food and Drug
                                                Social Security Online, at http://                                                                            2014–D–1696 for ‘‘Minimal
                                                                                                        Administration (FDA) is reopening the
                                                www.socialsecurity.gov.                                                                                       Manipulation of Human Cells, Tissues,
                                                                                                        comment period for the draft document
                                                                                                                                                              and Cellular and Tissue-Based Products;
                                                SUPPLEMENTARY INFORMATION:     This                     entitled ‘‘Minimal Manipulation of
                                                                                                                                                              Draft Guidance for Industry and Food
                                                document extends the comment period                     Human Cells, Tissues, and Cellular and
                                                                                                                                                              and Drug Administration Staff;
                                                                                                        Tissue-Based Products; Draft Guidance
                                                to Monday, December 14, 2015, for the                                                                         Reopening the Comment Period.’’
                                                                                                        for Industry and Food and Drug                        Received comments will be placed in
                                                advanced notice of proposed
                                                                                                        Administration Staff,’’ published in the              the docket and, except for those
                                                rulemaking that we published on
                                                                                                        Federal Register of December 23, 2014.                submitted as ‘‘Confidential
                                                September 14, 2015. We are extending                    FDA is reopening the comment period
                                                the comment period in light of the                                                                            Submissions,’’ publicly viewable at
                                                                                                        to allow interested persons additional                http://www.regulations.gov or at the
                                                comments we anticipate receiving from                   time to submit comments and any new
                                                our National Disability Forum occurring                                                                       Division of Dockets Management
                                                                                                        information.                                          between 9 a.m. and 4 p.m., Monday
                                                on November 20, 2015, which includes
                                                                                                        DATES: Submit either electronic or                    through Friday.
                                                a panel discussion on the topic of our                  written comments on the draft guidance                   • Confidential Submissions—To
                                                vocational factors. If you have already                 by April 29, 2016.                                    submit a comment with confidential
                                                provided comments on the proposed                                                                             information that you do not wish to be
                                                                                                        ADDRESSES: You may submit comments
                                                rules, we will consider your comments                                                                         made publicly available, submit your
                                                                                                        as follows:
                                                and you do not need to resubmit them.                                                                         comments only as a written/paper
                                                                                                        Electronic Submissions                                submission. You should submit two
                                                Social Security Administration—
                                                National Disability Forum                                 Submit electronic comments in the                   copies total. One copy will include the
                                                                                                        following way:                                        information you claim to be confidential
                                                Friday, November 20, 2015, 1:00 p.m.–                     • Federal eRulemaking Portal: http://               with a heading or cover note that states
                                                  3:00 p.m., National Education                         www.regulations.gov. Follow the                       ‘‘THIS DOCUMENT CONTAINS
                                                  Association, 1201 16th Street NW.,                    instructions for submitting comments.                 CONFIDENTIAL INFORMATION’’. The
                                                  Washington, DC 20036                                  Comments submitted electronically,                    Agency will review this copy, including
                                                                                                        including attachments, to http://                     the claimed confidential information, in
                                                Speakers                                                www.regulations.gov will be posted to                 its consideration of comments. The
                                                • Paul Van de Water—Center on Budget                    the docket unchanged. Because your                    second copy, which will have the
                                                                                                        comment will be made public, you are                  claimed confidential information
                                                    and Policy Priorities—Moderator
                                                                                                        solely responsible for ensuring that your             redacted/blacked out, will be available
                                                • Kate Lang—Justice in Aging                            comment does not include any                          for public viewing and posted on http://
                                                • Rebecca Vallas—Center for American                    confidential information that you or a                www.regulations.gov. Submit both
                                                    Progress                                            third party may not wish to be posted,                copies to the Division of Dockets
                                                                                                        such as medical information, your or                  Management. If you do not wish your
                                                • Mark Warshawsky—Mercatus Center
                                                                                                        anyone else’s Social Security number, or              name and contact information to be
                                                    at George Mason University
                                                                                                        confidential business information, such               made publicly available, you can
                                                • Ross Eisenbrey—Economic Policy                        as a manufacturing process. Please note               provide this information on the cover
                                                    Institute                                           that if you include your name, contact                sheet and not in the body of your
                                                • Kim Hildred—Hildred Consulting,                       information, or other information that                comments and you must identify this
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                    LLC                                                 identifies you in the body of your                    information as ‘‘confidential’’. Any
                                                                                                        comments, that information will be                    information marked as ‘‘confidential’’
                                                Carolyn W. Colvin,                                      posted on http://www.regulations.gov.                 will not be disclosed except in
                                                Acting Commissioner of Social Security.                   • If you want to submit a comment                   accordance with 21 CFR 10.20 and other
                                                [FR Doc. 2015–27692 Filed 10–29–15; 8:45 am]            with confidential information that you                applicable disclosure law. For more
                                                BILLING CODE 4191–02–P                                  do not wish to be made available to the               information about FDA’s posting of
                                                                                                        public, submit the comment as a                       comments to public dockets, see 80 FR
                                                                                                        written/paper submission and in the                   56469, September 18, 2015, or access


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                                                                        Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Proposed Rules                                        66845

                                                the information at: http://www.fda.gov/                 issued draft guidance documents on the                DATES:  The public hearing will be held
                                                regulatoryinformation/dockets/                          following topics related to HCT/Ps:                   on April 13, 2016, from 8 a.m. to 5 p.m.
                                                default.htm.                                            Adipose tissue (Docket No. FDA–2014–                  The meeting may be extended or end
                                                   Docket: For access to the docket to                  D–1856) and same surgical procedure                   early depending on the level of public
                                                read background documents or the                        exception (Docket No. FDA–2014–D–                     participation. Persons seeking to attend
                                                electronic and written/paper comments                   1584).                                                or to present at the public hearing must
                                                received, go to http://                                                                                       register by January 8, 2016. Section IV
                                                                                                        II. Reopening of Comment Period
                                                www.regulations.gov and insert the                                                                            provides attendance and registration
                                                docket number, found in brackets in the                    Following publication of December                  information. Electronic or written
                                                heading of this document, into the                      23, 2014, notice of availability, FDA                 comments will be accepted after the
                                                ‘‘Search’’ box and follow the prompts                   received a request to allow interested                public hearing until April 29, 2016.
                                                and/or go to the Division of Dockets                    persons additional time to comment. In                ADDRESSES: The public hearing will be
                                                Management, 5630 Fishers Lane, Rm.                      conjunction with the part 15 hearing                  held at FDA’s White Oak Campus,
                                                1061, Rockville, MD 20852.                              and announcement of availability of the               10903 New Hampshire Ave., Bldg. 31
                                                                                                        homologous use draft guidance, FDA is                 Conference Center, the Great Room (Rm.
                                                FOR FURTHER INFORMATION CONTACT: Lori
                                                                                                        reopening the comment period to allow                 1503), Silver Spring, MD 20993.
                                                J. Churchyard, Center for Biologics
                                                                                                        potential respondents to thoroughly                   Entrance for the public hearing
                                                Evaluation and Research, Food and
                                                                                                        evaluate and address pertinent issues.                participants (non-FDA employees) is
                                                Drug Administration, 10903 New
                                                                                                        The minimal manipulation draft                        through Building 1, where routine
                                                Hampshire Ave., Bldg. 71, Rm. 7301,
                                                                                                        guidance and other related guidances                  security check procedures will be
                                                Silver Spring, MD 20993–0002, 240–
                                                                                                        (homologous use, same surgical                        performed. For parking and security
                                                402–7911.
                                                                                                        procedure exception, adipose tissue) all              information, please refer to http://
                                                SUPPLEMENTARY INFORMATION:                              deal with the interpretation of the                   www.fda.gov/aboutfda/workingatfda/
                                                I. Background                                           regulations under 21 CFR part 1271 that               buildingsandfacilities/
                                                                                                        will be addressed as part of the part 15              whiteoakcampusinformation/
                                                  In the Federal Register of December                   hearing.
                                                23, 2014 (79 FR 77012), FDA announced                                                                         ucm241740.htm.
                                                the availability of a draft document                      Dated: October 27, 2015.                              You may submit comments as
                                                entitled ‘‘Minimal Manipulation of                      Leslie Kux,                                           follows:
                                                Human Cells, Tissues, and Cellular and                  Associate Commissioner for Policy.                    Electronic Submissions
                                                Tissue-Based Products; Draft Guidance                   [FR Doc. 2015–27705 Filed 10–29–15; 8:45 am]
                                                                                                                                                                Submit electronic comments in the
                                                for Industry and Food and Drug                          BILLING CODE 4164–01–P
                                                                                                                                                              following way:
                                                Administration Staff’’ dated December                                                                           • Federal eRulemaking Portal: http://
                                                2014. The draft guidance document                                                                             www.regulations.gov. Follow the
                                                provides human cells, tissues, and                      DEPARTMENT OF HEALTH AND
                                                                                                        HUMAN SERVICES                                        instructions for submitting comments.
                                                cellular and tissue-based product (HCT/                                                                       Comments submitted electronically,
                                                P) manufacturers, health care providers,                                                                      including attachments, to http://
                                                and FDA staff with recommendations                      Food and Drug Administration
                                                                                                                                                              www.regulations.gov will be posted to
                                                for meeting the 21 CFR 1271.10(a)(1)                                                                          the docket unchanged. Because your
                                                                                                        21 CFR Part 1271
                                                criterion of minimal manipulation.                                                                            comment will be made public, you are
                                                Interested persons were originally given                [Docket No. FDA–2015–D–3719]                          solely responsible for ensuring that your
                                                until February 23, 2015, to comment on                                                                        comment does not include any
                                                the draft guidance.                                     Draft Guidances Relating to the
                                                                                                        Regulation of Human Cells, Tissues, or                confidential information that you or a
                                                  Elsewhere in this issue of the Federal                                                                      third party may not wish to be posted,
                                                Register, FDA is announcing four other                  Cellular or Tissue-Based Products;
                                                                                                        Public Hearing; Request for Comments                  such as medical information, your or
                                                related documents. In a separate                                                                              anyone else’s Social Security number, or
                                                document, FDA is announcing a public                    AGENCY:    Food and Drug Administration,              confidential business information, such
                                                hearing entitled ‘‘Draft Guidances                      HHS.                                                  as a manufacturing process. Please note
                                                Relating to the Regulation of Human                     ACTION: Notification of public hearing;               that if you include your name, contact
                                                Cells, Tissues, or Cellular or Tissue-                  request for comments.                                 information, or other information that
                                                Based Products; Public Hearing; Request                                                                       identifies you in the body of your
                                                for Comments’’ (part 15 hearing) to be                  SUMMARY:   The Food and Drug                          comments, that information will be
                                                held on April 13, 2016, to provide                      Administration (FDA or Agency) is                     posted on http://www.regulations.gov.
                                                stakeholders with the opportunity to                    announcing a 1-day public hearing to                    • If you want to submit a comment
                                                discuss FDA’s policy on regulation of                   obtain input on four recently issued                  with confidential information that you
                                                HCT/Ps related to the four draft                        draft guidances relating to the regulation            do not wish to be made available to the
                                                guidances on the following topics:                      of human cells, tissues, or cellular or               public submit the comment as a written/
                                                Homologous use, same surgical                           tissue-based products (HCT/Ps). These                 paper submission and in the manner
                                                procedure exception, minimal                            draft guidances were issued by FDA in                 detailed (see ‘‘Written/Paper
                                                manipulation, and adipose tissue.                       response to stakeholders’ requests for                Submissions’’ and ‘‘Instructions’’).
                                                  In a separate document, FDA is                        guidance on FDA’s current views about
                                                                                                                                                              Written/Paper Submissions
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                announcing the availability of a draft                  how manufacturers, establishments, and
                                                document entitled ‘‘Homologous Use of                   distributors of HCT/Ps and health care                  Submit written/paper submissions as
                                                Human Cells, Tissues, and Cellular and                  professionals can meet the criteria                   follows:
                                                Tissue-Based Products; Draft Guidance                   under the Agency’s regulations that                     • Mail/Hand delivery/Courier (for
                                                for Industry and FDA Staff.’’                           apply to HCT/Ps. FDA will consider                    written/paper submissions): Division of
                                                  In separate documents, FDA is also                    information it obtains from the public                Dockets Management (HFA–305), Food
                                                reopening the comment periods to                        hearing in the finalization of these                  and Drug Administration, 5630 Fishers
                                                FDA’s public dockets on the previously                  guidances.                                            Lane, Rm. 1061, Rockville, MD 20852.


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Document Created: 2015-12-14 15:30:07
Document Modified: 2015-12-14 15:30:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification; reopening of the comment period.
DatesSubmit either electronic or written comments on the draft guidance by April 29, 2016.
ContactLori J. Churchyard, 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 66844 

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