81_FR_22689 81 FR 22615 - Radiation Biodosimetry Medical Countermeasure Devices; Guidance for Industry and Food and Drug Administration Staff; Availability

81 FR 22615 - Radiation Biodosimetry Medical Countermeasure Devices; Guidance for Industry and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 74 (April 18, 2016)

Page Range22615-22617
FR Document2016-08899

The Food and Drug Administration (FDA or Agency) is announcing the availability of the guidance entitled ``Radiation Biodosimetry Medical Countermeasure Devices.'' FDA has developed this guidance to provide industry and Agency staff with recommendations for the types of information that should be submitted to support marketing authorization for radiation biodosimetry medical countermeasure devices.

Federal Register, Volume 81 Issue 74 (Monday, April 18, 2016)
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22615-22617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08899]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-2065]


Radiation Biodosimetry Medical Countermeasure Devices; Guidance 
for Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of the guidance entitled ``Radiation Biodosimetry 
Medical Countermeasure Devices.'' FDA has developed this guidance to 
provide industry and Agency staff with recommendations for the types of 
information that should be submitted to support marketing authorization 
for radiation biodosimetry medical countermeasure devices.

DATES: Submit either electronic or written comments on this guidance at 
any time. General comments on Agency guidance documents are welcome at 
any time.

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,

[[Page 22616]]

if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2014-D-2065 for ``Radiation Biodosimetry Medical Countermeasure 
Devices.'' 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 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.
    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 
``Radiation Biodosimetry Medical Countermeasure Devices'' 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.

FOR FURTHER INFORMATION CONTACT: Jennifer Dickey, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 5648, Silver Spring, MD 20993-0002, 301-
796-5028.

SUPPLEMENTARY INFORMATION:

I. Background

    This guidance provides recommendations for the types of information 
that should be submitted to support marketing authorization (e.g., the 
clearance or approval) for radiation biodosimetry medical 
countermeasure devices (referred to as ``biodosimetry devices'' or 
``biodosimeters'' throughout this document).
    This guidance applies to premarket submissions for medical device 
systems intended to measure biological responses to unintended (non-
therapeutic) radiation absorption. Biodosimetry devices are devices 
used for the purpose of reconstructing the ionizing radiation dose 
received by individuals or populations using physiological, chemical, 
or biological markers of exposure found in humans. Biodosimetry 
technologies may be used at various stages during triage, including 
both early mass casualty triage and subsequent clinical evaluation. 
Such exposures could be the result of intentional harm or as a 
consequence of a disaster. Devices may be designed to give quantitative 
outputs or qualitative information around a clinical decision making 
cut-point. Likewise, devices may be designed for use in field triage 
settings, at patient bedsides, or in Clinical Laboratory Improvement 
Amendments of 1988 (CLIA) (Pub. L. 100-578) certified clinical 
laboratories. FDA considered both high-throughput and single-use 
devices in developing this guidance document.
    This guidance only applies to validation of diagnostic biodosimetry 
devices intended to be used to assess radiation absorption that occurs 
as a result of non-therapeutic or accidental exposures (e.g., a 
deliberate attack, such as use of an improvised nuclear device, or a 
natural disaster), and does not apply to medical devices intended to be 
used to measure doses delivered as a result of radiation therapy nor to 
devices that measure effects from long-term radiation exposure. In 
addition, dosimeters, which are devices that detect radiation exposure 
on a physical substrate rather than through a biological response and 
are worn by people who might be exposed to radiation during the course 
of their normal work (such as film badges), are not addressed in this 
guidance document. Finally, biological assays that might be used to 
detect the presence of ingested radioisotopes in sputum or urine are 
not considered in this guidance document.
    This guidance document does not provide specific study designs; it 
describes design principles for studies that may be used to establish a 
reasonable assurance of the safety and effectiveness of biodosimetry 
devices.
    In the Federal Register of December 30, 2014 (79 FR 78448), the 
Agency announced the issuance of the draft guidance entitled 
``Radiation Biodosimetry Devices; Draft Guidance for Industry and Food 
and Drug Administration Staff.'' In the Federal Register of May 28, 
2015 (80 FR 30466), FDA reopened and extended the comment period on the 
draft guidance. The Agency has considered the comments, as appropriate.

II. Significance of Guidance

    This 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 ``Radiation Biodosimetry Medical 
Countermeasure Devices.'' 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 ``Radiation Biodosimetry 
Medical Countermeasure Devices'' may send an email request to [email protected] to receive an electronic copy of the document. 
Please use the document number 1400045 to identify the guidance you are 
requesting.

[[Page 22617]]

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 58 have been approved under 
OMB control number 0910-0119; the collections of information in 21 CFR 
parts 801 and 809 have been approved under OMB control number 0910-
0485; 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 812 have been approved under OMB control 
number 0910-0078; the collections of information in 21 CFR part 814 
have been approved under OMB control number 0910-0231; the collections 
of information in the guidance document entitled ``Informed Consent For 
In Vitro Diagnostic Device Studies Using Leftover Human Specimens That 
Are Not Individually Identifiable'' have been approved under OMB 
control number 0910-0582; the collections of information in the 
guidance document entitled ``Guidance for Industry and FDA Staff: 
Administrative Procedures for CLIA Categorization'' have been approved 
under OMB control number 0910-0607; and the collections of information 
in the guidance document entitled ``Requests for Feedback on Medical 
Device Submissions: The Pre-Submission Program and Meetings with Food 
and Drug Administration Staff'' have been approved under OMB control 
number 0910-0756.

    Dated: April 12, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-08899 Filed 4-15-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices                                              22615

                                                  regulators around the world is expected,                person, you can register to view a live               ACTION:   Notice of availability.
                                                  as they will join their counterparts from               Webcast on the meeting. You will be
                                                  Europe, Japan, the United States,                       asked to indicate in your registration if             SUMMARY:   The Food and Drug
                                                  Canada, and Switzerland as ICH                          you plan to attend in person or via the               Administration (FDA or Agency) is
                                                  Regulatory Members. The reforms build                   Webcast. Your registration must also                  announcing the availability of the
                                                  on a 25-year track record of successful                 contain your complete contact                         guidance entitled ‘‘Radiation
                                                  delivery of harmonized guidelines for                   information, including name, title,                   Biodosimetry Medical Countermeasure
                                                  global pharmaceutical development,                      affiliation, address, email address, and              Devices.’’ FDA has developed this
                                                  and their regulation. Additionally, the                 phone number. Registrations may be                    guidance to provide industry and
                                                  reforms strengthen ICH as the leading                   limited, so early registration is                     Agency staff with recommendations for
                                                  platform for global pharmaceutical                      recommended. Registration is free and                 the types of information that should be
                                                  regulatory harmonization, and brings                    will be on a first-come, first-served                 submitted to support marketing
                                                  together in a transparent manner all key                basis. However, the number of                         authorization for radiation biodosimetry
                                                  regulatory authorities and industry                     participants from each organization may               medical countermeasure devices.
                                                  stakeholders.                                           be limited based on space limitations.                DATES: Submit either electronic or
                                                     In recent years, many important                      Registrants will receive confirmation                 written comments on this guidance at
                                                  initiatives have been undertaken by                     once they have been accepted. Onsite                  any time. General comments on Agency
                                                  regulatory authorities and industry                     registration on the day of the meeting                guidance documents are welcome at any
                                                  associations to promote international                   will be based on space availability. If               time.
                                                  harmonization of regulatory                             you need special accommodations                       ADDRESSES: You may submit comments
                                                  requirements. FDA has participated in                   because of a disability, please contact               as follows:
                                                  many meetings designed to enhance                       Amanda Roache (see FOR FURTHER
                                                  harmonization and is committed to                       INFORMATION CONTACT) at least 7 days                  Electronic Submissions
                                                  seeking scientifically based harmonized                 before the Webcast.                                     Submit electronic comments in the
                                                  technical procedures for pharmaceutical                                                                       following way:
                                                  development. One of the goals of                        B. Requests for Oral Presentations
                                                                                                                                                                  • Federal eRulemaking Portal: http://
                                                  harmonization is to identify and then                     Interested persons may present data,                www.regulations.gov. Follow the
                                                  reduce differences in technical                         information, or views orally or in                    instructions for submitting comments.
                                                  requirements for medical product                        writing on issues pending at the public               Comments submitted electronically,
                                                  development among regulatory                            Webcast. Public oral presentations will               including attachments, to http://
                                                  Agencies. ICH was organized to provide                  be scheduled between approximately                    www.regulations.gov will be posted to
                                                  an opportunity for harmonization                        11:30 a.m. and 12 p.m. Time allotted for              the docket unchanged. Because your
                                                  initiatives to be developed with input                  oral presentations may be limited to 5                comment will be made public, you are
                                                  from both regulatory and industry                       minutes. Those desiring to make oral                  solely responsible for ensuring that your
                                                  representatives. Members of the ICH                     presentations should notify Amanda                    comment does not include any
                                                  Management Committee include the                        Roache (see FOR FURTHER INFORMATION                   confidential information that you or a
                                                  European Union; the European                            CONTACT) by April 29, 2016, and submit                third party may not wish to be posted,
                                                  Federation of Pharmaceutical Industries                 a brief statement of the general nature of            such as medical information, your or
                                                  Associations; the Japanese Ministry of                  the evidence or arguments they wish to                anyone else’s Social Security number, or
                                                  Health, Labor, and Welfare; the Japanese                present; the names and addresses,                     confidential business information, such
                                                  Pharmaceutical Manufacturers                            telephone number, fax, and email of                   as a manufacturing process. Please note
                                                  Association; FDA; the Pharmaceutical                    proposed participants; and an                         that if you include your name, contact
                                                  Research and Manufacturers of America;                  indication of the approximate time                    information, or other information that
                                                  Health Canada; Swissmedic; the World                    requested to make their presentation.                 identifies you in the body of your
                                                  Health Organization; and International                  The agenda for the public Webcast will                comments, that information will be
                                                  Federation of Pharmaceutical                            be made available on the Internet at                  posted on http://www.regulations.gov.
                                                  Manufacturers and Associations (as                      http://www.fda.gov/Drugs/NewsEvents/                    • If you want to submit a comment
                                                  Observers). The ICH process has                         ucm488618.htm.                                        with confidential information that you
                                                  achieved significant harmonization of                     Dated: April 13, 2016.                              do not wish to be made available to the
                                                  the technical requirements for the                      Leslie Kux,                                           public, submit the comment as a
                                                  approval of pharmaceuticals for human                                                                         written/paper submission and in the
                                                                                                          Associate Commissioner for Policy.
                                                  use in the ICH regions over the past two                                                                      manner detailed (see ‘‘Written/Paper
                                                                                                          [FR Doc. 2016–08880 Filed 4–15–16; 8:45 am]
                                                  decades. The current ICH process and                                                                          Submissions’’ and ‘‘Instructions’’).
                                                                                                          BILLING CODE 4164–01–P
                                                  structure can be found at the following
                                                  Web site: http://www.ich.org. (FDA has                                                                        Written/Paper Submissions
                                                  verified the Web site addresses as of the                                                                       Submit written/paper submissions as
                                                                                                          DEPARTMENT OF HEALTH AND
                                                  date this document publishes in the                                                                           follows:
                                                                                                          HUMAN SERVICES
                                                  Federal Register, but Web sites are                                                                             • Mail/Hand delivery/Courier (for
                                                  subject to change over time.)                           Food and Drug Administration                          written/paper submissions): Division of
                                                  II. Webcast Attendance and                                                                                    Dockets Management (HFA–305), Food
                                                                                                          [Docket No. FDA–2014–D–2065]
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                                                  Participation                                                                                                 and Drug Administration, 5630 Fishers
                                                                                                          Radiation Biodosimetry Medical                        Lane, Rm. 1061, Rockville, MD 20852.
                                                  A. Registration                                                                                                 • For written/paper comments
                                                                                                          Countermeasure Devices; Guidance
                                                    If you wish to attend this meeting,                   for Industry and Food and Drug                        submitted to the Division of Dockets
                                                  visit http://                                           Administration Staff; Availability                    Management, FDA will post your
                                                  ichpublicconsult2016.eventbrite.com.                                                                          comment, as well as any attachments,
                                                  Please register by May 4, 2016. If you                  AGENCY:    Food and Drug Administration,              except for information submitted,
                                                  are unable to attend the meeting in                     HHS.                                                  marked and identified, as confidential,


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                                                  22616                          Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices

                                                  if submitted as detailed in                             document entitled ‘‘Radiation                         result of radiation therapy nor to
                                                  ‘‘Instructions.’’                                       Biodosimetry Medical Countermeasure                   devices that measure effects from long-
                                                     Instructions: All submissions received               Devices’’ to the Office of the Center                 term radiation exposure. In addition,
                                                  must include the Docket No. FDA–                        Director, Guidance and Policy                         dosimeters, which are devices that
                                                  2014–D–2065 for ‘‘Radiation                             Development, Center for Devices and                   detect radiation exposure on a physical
                                                  Biodosimetry Medical Countermeasure                     Radiological Health, Food and Drug                    substrate rather than through a
                                                  Devices.’’ Received comments will be                    Administration, 10903 New Hampshire                   biological response and are worn by
                                                  placed in the docket and, except for                    Ave., Bldg. 66, Rm. 5431, Silver Spring,              people who might be exposed to
                                                  those submitted as ‘‘Confidential                       MD 20993–0002. Send one self-                         radiation during the course of their
                                                  Submissions,’’ publicly viewable at                     addressed adhesive label to assist that               normal work (such as film badges), are
                                                  http://www.regulations.gov or at the                    office in processing your request.                    not addressed in this guidance
                                                  Division of Dockets Management                          FOR FURTHER INFORMATION CONTACT:                      document. Finally, biological assays
                                                  between 9 a.m. and 4 p.m., Monday                       Jennifer Dickey, Center for Devices and               that might be used to detect the
                                                  through Friday.                                         Radiological Health, Food and Drug                    presence of ingested radioisotopes in
                                                     • Confidential Submissions—To                                                                              sputum or urine are not considered in
                                                                                                          Administration, 10903 New Hampshire
                                                  submit a comment with confidential                                                                            this guidance document.
                                                                                                          Ave., Bldg. 66, Rm. 5648, Silver Spring,
                                                  information that you do not wish to be                                                                           This guidance document does not
                                                                                                          MD 20993–0002, 301–796–5028.
                                                  made publicly available, submit your                                                                          provide specific study designs; it
                                                  comments only as a written/paper                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                                describes design principles for studies
                                                  submission. You should submit two                       I. Background                                         that may be used to establish a
                                                  copies total. One copy will include the                                                                       reasonable assurance of the safety and
                                                  information you claim to be confidential                   This guidance provides
                                                                                                                                                                effectiveness of biodosimetry devices.
                                                  with a heading or cover note that states                recommendations for the types of                         In the Federal Register of December
                                                  ‘‘THIS DOCUMENT CONTAINS                                information that should be submitted to               30, 2014 (79 FR 78448), the Agency
                                                  CONFIDENTIAL INFORMATION.’’ The                         support marketing authorization (e.g.,                announced the issuance of the draft
                                                  Agency will review this copy, including                 the clearance or approval) for radiation              guidance entitled ‘‘Radiation
                                                  the claimed confidential information, in                biodosimetry medical countermeasure                   Biodosimetry Devices; Draft Guidance
                                                  its consideration of comments. The                      devices (referred to as ‘‘biodosimetry                for Industry and Food and Drug
                                                  second copy, which will have the                        devices’’ or ‘‘biodosimeters’’ throughout             Administration Staff.’’ In the Federal
                                                  claimed confidential information                        this document).                                       Register of May 28, 2015 (80 FR 30466),
                                                  redacted/blacked out, will be available                    This guidance applies to premarket                 FDA reopened and extended the
                                                  for public viewing and posted on http://                submissions for medical device systems                comment period on the draft guidance.
                                                  www.regulations.gov. Submit both                        intended to measure biological                        The Agency has considered the
                                                  copies to the Division of Dockets                       responses to unintended (non-                         comments, as appropriate.
                                                  Management. If you do not wish your                     therapeutic) radiation absorption.
                                                  name and contact information to be                      Biodosimetry devices are devices used                 II. Significance of Guidance
                                                  made publicly available, you can                        for the purpose of reconstructing the                    This guidance is being issued
                                                  provide this information on the cover                   ionizing radiation dose received by                   consistent with FDA’s good guidance
                                                  sheet and not in the body of your                       individuals or populations using                      practices regulation (21 CFR 10.115).
                                                  comments and you must identify this                     physiological, chemical, or biological                The guidance represents the current
                                                  information as ‘‘confidential.’’ Any                    markers of exposure found in humans.                  thinking of FDA on ‘‘Radiation
                                                  information marked as ‘‘confidential’’                  Biodosimetry technologies may be used                 Biodosimetry Medical Countermeasure
                                                  will not be disclosed except in                         at various stages during triage, including            Devices.’’ It does not establish any rights
                                                  accordance with 21 CFR 10.20 and other                  both early mass casualty triage and                   for any person and is not binding on
                                                  applicable disclosure law. For more                     subsequent clinical evaluation. Such                  FDA or the public. You can use an
                                                  information about FDA’s posting of                      exposures could be the result of                      alternative approach if it satisfies the
                                                  comments to public dockets, see 80 FR                   intentional harm or as a consequence of               requirements of the applicable statutes
                                                  56469, September 18, 2015, or access                    a disaster. Devices may be designed to                and regulations.
                                                  the information at: http://www.fda.gov/                 give quantitative outputs or qualitative
                                                                                                          information around a clinical decision                III. Electronic Access
                                                  regulatoryinformation/dockets/
                                                  default.htm.                                            making cut-point. Likewise, devices                      Persons interested in obtaining a copy
                                                     Docket: For access to the docket to                  may be designed for use in field triage               of the guidance may do so by
                                                  read background documents or the                        settings, at patient bedsides, or in                  downloading an electronic copy from
                                                  electronic and written/paper comments                   Clinical Laboratory Improvement                       the Internet. A search capability for all
                                                  received, go to http://                                 Amendments of 1988 (CLIA) (Pub. L.                    Center for Devices and Radiological
                                                  www.regulations.gov and insert the                      100–578) certified clinical laboratories.             Health guidance documents is available
                                                  docket number, found in brackets in the                 FDA considered both high-throughput                   at http://www.fda.gov/MedicalDevices/
                                                  heading of this document, into the                      and single-use devices in developing                  DeviceRegulationandGuidance/
                                                  ‘‘Search’’ box and follow the prompts                   this guidance document.                               GuidanceDocuments/default.htm.
                                                  and/or go to the Division of Dockets                       This guidance only applies to                      Guidance documents are also available
                                                  Management, 5630 Fishers Lane, Rm.                      validation of diagnostic biodosimetry                 at http://www.regulations.gov. Persons
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                                                  1061, Rockville, MD 20852.                              devices intended to be used to assess                 unable to download an electronic copy
                                                     An electronic copy of the guidance                   radiation absorption that occurs as a                 of ‘‘Radiation Biodosimetry Medical
                                                  document is available for download                      result of non-therapeutic or accidental               Countermeasure Devices’’ may send an
                                                  from the Internet. See the                              exposures (e.g., a deliberate attack, such            email request to CDRH-Guidance@
                                                  SUPPLEMENTARY INFORMATION section for                   as use of an improvised nuclear device,               fda.hhs.gov to receive an electronic
                                                  information on electronic access to the                 or a natural disaster), and does not                  copy of the document. Please use the
                                                  guidance. Submit written requests for a                 apply to medical devices intended to be               document number 1400045 to identify
                                                  single hard copy of the guidance                        used to measure doses delivered as a                  the guidance you are requesting.


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                                                                                 Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Notices                                           22617

                                                  IV. Paperwork Reduction Act of 1995                     announcing the availability of a draft                Dockets Management (HFA–305), Food
                                                    This guidance refers to previously                    guidance for industry entitled                        and Drug Administration, 5630 Fishers
                                                  approved collections of information                     ‘‘Prescription Requirement Under                      Lane, Rm. 1061, Rockville, MD 20852.
                                                  found in FDA regulations. These                         Section 503A of the Federal Food, Drug,                  • For written/paper comments
                                                  collections of information are subject to               and Cosmetic Act.’’ This guidance sets                submitted to the Division of Dockets
                                                  review by the Office of Management and                  forth FDA’s policy concerning certain                 Management, FDA will post your
                                                                                                          prescription requirements for                         comment, as well as any attachments,
                                                  Budget (OMB) under the Paperwork
                                                                                                          compounding human drug products for                   except for information submitted,
                                                  Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                          identified individual patients under                  marked and identified, as confidential,
                                                  3520). The collections of information in
                                                                                                          section 503A of the Federal Food, Drug,               if submitted as detailed in
                                                  21 CFR part 58 have been approved
                                                                                                          and Cosmetic Act (the FD&C Act). It                   ‘‘Instructions.’’
                                                  under OMB control number 0910–0119;                                                                              Instructions: All submissions received
                                                  the collections of information in 21 CFR                addresses compounding after the receipt
                                                                                                          of a prescription for an identified                   must include the Docket No. FDA–
                                                  parts 801 and 809 have been approved                                                                          2016–D–0269 for ‘‘Prescription
                                                  under OMB control number 0910–0485;                     individual patient, compounding before
                                                                                                          the receipt of a prescription for an                  Requirement Under Section 503A of the
                                                  the collections of information in 21 CFR                                                                      Federal Food, Drug, and Cosmetic Act.’’
                                                                                                          identified individual patient
                                                  part 807, subpart E, have been approved                                                                       Received comments will be placed in
                                                                                                          (anticipatory compounding), and
                                                  under OMB control number 0910–0120;                                                                           the docket and, except for those
                                                                                                          compounding for office use.
                                                  the collections of information in 21 CFR                                                                      submitted as ‘‘Confidential
                                                  part 812 have been approved under                       DATES: Although you can comment on
                                                                                                          any guidance at any time (see 21 CFR                  Submissions,’’ publicly viewable at
                                                  OMB control number 0910–0078; the                                                                             http://www.regulations.gov or at the
                                                  collections of information in 21 CFR                    10.115(g)(5)), to ensure that the Agency
                                                                                                          considers your comment on this draft                  Division of Dockets Management
                                                  part 814 have been approved under                                                                             between 9 a.m. and 4 p.m., Monday
                                                  OMB control number 0910–0231; the                       guidance before it begins work to
                                                                                                          finalize the guidance, submit either                  through Friday.
                                                  collections of information in the
                                                                                                          electronic or written comments on this                   • Confidential Submissions—To
                                                  guidance document entitled ‘‘Informed                                                                         submit a comment with confidential
                                                  Consent For In Vitro Diagnostic Device                  draft guidance by July 18, 2016. Submit
                                                                                                          comments on information collection                    information that you do not wish to be
                                                  Studies Using Leftover Human                                                                                  made publicly available, submit your
                                                                                                          issues under the Paperwork Reduction
                                                  Specimens That Are Not Individually                                                                           comments only as a written/paper
                                                                                                          Act of 1995 by May 18, 2016.
                                                  Identifiable’’ have been approved under                                                                       submission. You should submit two
                                                  OMB control number 0910–0582; the                       ADDRESSES: You may submit comments
                                                                                                                                                                copies total. One copy will include the
                                                  collections of information in the                       as follows:
                                                                                                                                                                information you claim to be confidential
                                                  guidance document entitled ‘‘Guidance                   Electronic Submissions                                with a heading or cover note that states
                                                  for Industry and FDA Staff:                               Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                  Administrative Procedures for CLIA                      following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                  Categorization’’ have been approved                       • Federal eRulemaking Portal: http://               Agency will review this copy, including
                                                  under OMB control number 0910–0607;                     www.regulations.gov. Follow the                       the claimed confidential information, in
                                                  and the collections of information in the               instructions for submitting comments.                 its consideration of comments. The
                                                  guidance document entitled ‘‘Requests                   Comments submitted electronically,                    second copy, which will have the
                                                  for Feedback on Medical Device                          including attachments, to http://                     claimed confidential information
                                                  Submissions: The Pre-Submission                         www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                  Program and Meetings with Food and                      the docket unchanged. Because your                    for public viewing and posted on
                                                  Drug Administration Staff’’ have been                   comment will be made public, you are                  http://www.regulations.gov. Submit
                                                  approved under OMB control number                       solely responsible for ensuring that your             both copies to the Division of Dockets
                                                  0910–0756.                                              comment does not include any                          Management. If you do not wish your
                                                    Dated: April 12, 2016.                                confidential information that you or a                name and contact information to be
                                                  Leslie Kux,                                             third party may not wish to be posted,                made publicly available, you can
                                                                                                          such as medical information, your or                  provide this information on the cover
                                                  Associate Commissioner for Policy.
                                                                                                          anyone else’s Social Security number, or              sheet and not in the body of your
                                                  [FR Doc. 2016–08899 Filed 4–15–16; 8:45 am]
                                                                                                          confidential business information, such               comments and you must identify this
                                                  BILLING CODE 4164–01–P                                                                                        information as ‘‘confidential.’’ Any
                                                                                                          as a manufacturing process. Please note
                                                                                                          that if you include your name, contact                information marked as ‘‘confidential’’
                                                                                                          information, or other information that                will not be disclosed except in
                                                  DEPARTMENT OF HEALTH AND                                                                                      accordance with 21 CFR 10.20 and other
                                                  HUMAN SERVICES                                          identifies you in the body of your
                                                                                                          comments, that information will be                    applicable disclosure law. For more
                                                  Food and Drug Administration                            posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                                                                            • If you want to submit a comment                   comments to public dockets, see 80 FR
                                                  [Docket No. FDA–2016–D–0269]                            with confidential information that you                56469, September 18, 2015, or access
                                                                                                          do not wish to be made available to the               the information at: http://www.fda.gov/
                                                  Prescription Requirement Under                                                                                regulatoryinformation/dockets/
                                                  Section 503A of the Federal Food,                       public, submit the comment as a
                                                                                                          written/paper submission and in the                   default.htm.
                                                  Drug, and Cosmetic Act; Draft
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                  Guidance for Industry; Availability                                                                           read background documents or the
                                                                                                          Submissions’’ and ‘‘Instructions’’).
                                                  AGENCY:    Food and Drug Administration,                                                                      electronic and written/paper comments
                                                                                                          Written/Paper Submissions                             received, go to http://
                                                  HHS.
                                                  ACTION:   Notice of availability.                         Submit written/paper submissions as                 www.regulations.gov and insert the
                                                                                                          follows:                                              docket number, found in brackets in the
                                                  SUMMARY: The Food and Drug                                • Mail/Hand delivery/Courier (for                   heading of this document, into the
                                                  Administration (FDA or the Agency) is                   written/paper submissions): Division of               ‘‘Search’’ box and follow the prompts


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Document Created: 2016-04-16 01:46:17
Document Modified: 2016-04-16 01:46:17
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 of availability.
DatesSubmit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.
ContactJennifer Dickey, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5648, Silver Spring, MD 20993-0002, 301- 796-5028.
FR Citation81 FR 22615 

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