81_FR_23382 81 FR 23306 - Technical Performance Assessment of Digital Pathology Whole Slide Imaging Devices; Guidance for Industry and Food and Drug Administration Staff; Availability

81 FR 23306 - Technical Performance Assessment of Digital Pathology Whole Slide Imaging 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 76 (April 20, 2016)

Page Range23306-23307
FR Document2016-09140

The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance entitled ``Technical Performance Assessment of Digital Pathology Whole Slide Imaging Devices.'' This guidance provides industry and Agency staff with recommendations regarding the technical performance assessment data for the evaluation of a digital whole slide imaging (WSI) system. The guidance provides suggestions on how to best characterize the technical aspects that are relevant to WSI performance for their intended use and determine any possible limitations that might affect their safety and effectiveness.

Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Notices]
[Pages 23306-23307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09140]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-0230]


Technical Performance Assessment of Digital Pathology Whole Slide 
Imaging 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 a guidance entitled ``Technical Performance 
Assessment of Digital Pathology Whole Slide Imaging Devices.'' This 
guidance provides industry and Agency staff with recommendations 
regarding the technical performance assessment data for the evaluation 
of a digital whole slide imaging (WSI) system. The guidance provides 
suggestions on how to best characterize the technical aspects that are 
relevant to WSI performance for their intended use and determine any 
possible limitations that might affect their safety and effectiveness.

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, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-D-0230 for ``Technical Performance Assessment of Digital 
Pathology Whole Slide Imaging Devices; Guidance for Industry and Food 
and Drug Administration Staff.'' 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

[[Page 23307]]

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 
``Technical Performance Assessment of Digital Pathology Whole Slide 
Imaging 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: Nicholas Anderson, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 5662, Silver Spring, MD 20993-0002, 301-
796-4310; or Aldo Badano, Center for Devices and Radiological Health, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 62, Rm. 
3116, Silver Spring, MD 20993-0002, 301-796-2534.

SUPPLEMENTARY INFORMATION: 

I. Background

    Recent technological advances in digital microscopy, in particular 
the development of whole slide scanning systems, have accelerated the 
adoption of digital imaging in pathology, similar to the digital 
transformation that radiology departments have experienced over the 
last decade. FDA regulates WSI system manufacturers to help ensure that 
the images produced for intended clinical uses are safe and effective 
for such purposes. Essential to the regulation of these systems is the 
understanding of the technical performance of the WSI system and the 
components in the imaging chain--from image acquisition to image 
display, and their effect on pathologist's diagnostic performance and 
workflow.
    This guidance provides industry and Agency staff with 
recommendations regarding the technical performance assessment for 
regulatory evaluation of a digital WSI system. This document does not 
cover the clinical submission data that may be necessary to support 
approval or clearance. The guidance provides suggestions on how to best 
characterize the technical aspects that are relevant to WSI performance 
for their intended use and determine any possible limitations that 
might affect their safety and effectiveness.
    In the Federal Register of February 25, 2015 (80 FR 10122), FDA 
announced the availability of the draft guidance and interested persons 
were invited to comment by May 25, 2015.

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 technical performance assessment of digital 
pathology whole slide imaging 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 ``Technical Performance 
Assessment of Digital Pathology Whole Slide Imaging Devices'' may send 
an email request to [email protected] to receive an electronic 
copy of the document. Please use the document number 1400053 to 
identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR part 807, subpart E (premarket 
notification) have been approved under OMB control number 0910-0120; 
the collections of information in 21 CFR part 814 (premarket approval) 
have been approved under OMB control number 0910-0231; and the 
collections of information in 21 CFR part 801 and 21 CFR 809.10 
(labeling) have been approved under OMB control number 0910-0485.

    Dated: April 13, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-09140 Filed 4-19-16; 8:45 am]
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                                             23306                        Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices

                                             patient and consumer advocacy groups,                     Dated: April 12, 2016.                              information, or other information that
                                             veterinary professionals, and scientific                Leslie Kux,                                           identifies you in the body of your
                                             and academic experts. To initiate this                  Associate Commissioner for Policy.                    comments, that information will be
                                             process of consultation, elsewhere in                   [FR Doc. 2016–09151 Filed 4–19–16; 8:45 am]           posted on http://www.regulations.gov.
                                             this issue of the Federal Register, we are              BILLING CODE 4164–01–P
                                                                                                                                                             • If you want to submit a comment
                                             announcing a public meeting to be held                                                                        with confidential information that you
                                             on May 16, 2016, where stakeholders                                                                           do not wish to be made available to the
                                             and other members of the public will be                 DEPARTMENT OF HEALTH AND                              public, submit the comment as a
                                             given an opportunity to present their                   HUMAN SERVICES                                        written/paper submission and in the
                                             views on the reauthorization. The                                                                             manner detailed (see ‘‘Written/Paper
                                             meeting and written comments                            Food and Drug Administration                          Submissions’’ and ‘‘Instructions’’).
                                             submitted to the docket will provide                    [Docket No. FDA–2015–D–0230]                          Written/Paper Submissions
                                             critical input as the Agency prepares for
                                             reauthorization discussions. Section                    Technical Performance Assessment of                      Submit written/paper submissions as
                                             740A(d)(3) of the FD&C Act further                      Digital Pathology Whole Slide Imaging                 follows:
                                             requires that FDA continue meeting                                                                               • Mail/Hand delivery/Courier (for
                                                                                                     Devices; Guidance for Industry and
                                             with these stakeholders at least once                                                                         written/paper submissions): Division of
                                                                                                     Food and Drug Administration Staff;
                                             every 4 months during negotiations with                                                                       Dockets Management (HFA–305), Food
                                                                                                     Availability
                                             the regulated industry to continue                                                                            and Drug Administration, 5630 Fishers
                                             discussions of their views on the                       AGENCY:    Food and Drug Administration,              Lane, Rm. 1061, Rockville, MD 20852.
                                             reauthorization, including suggested                    HHS.                                                     • For written/paper comments
                                             changes to the ADUFA program.                           ACTION:   Notice of availability.                     submitted to the Division of Dockets
                                                FDA is issuing this Federal Register                                                                       Management, FDA will post your
                                             notice to request that stakeholders—                    SUMMARY:   The Food and Drug                          comment, as well as any attachments,
                                             including veterinary, patient and                       Administration (FDA or Agency) is                     except for information submitted,
                                             consumer groups, as well as scientific                  announcing the availability of a                      marked and identified, as confidential,
                                             and academic experts—notify FDA of                      guidance entitled ‘‘Technical                         if submitted as detailed in
                                             their intent to participate in the periodic             Performance Assessment of Digital                     ‘‘Instructions.’’
                                             consultation meetings on ADUFA                          Pathology Whole Slide Imaging                            Instructions: All submissions received
                                             reauthorization. FDA believes that                      Devices.’’ This guidance provides                     must include the Docket No. FDA–
                                             consistent stakeholder representation at                industry and Agency staff with                        2015–D–0230 for ‘‘Technical
                                             these meetings will be important to                     recommendations regarding the                         Performance Assessment of Digital
                                             ensure progress in these discussions. If                technical performance assessment data                 Pathology Whole Slide Imaging Devices;
                                             you wish to participate in this part of                 for the evaluation of a digital whole                 Guidance for Industry and Food and
                                             the reauthorization process, please                     slide imaging (WSI) system. The                       Drug Administration Staff.’’ Received
                                             designate one or more representatives                   guidance provides suggestions on how                  comments will be placed in the docket
                                             from your organization who will                         to best characterize the technical aspects            and, except for those submitted as
                                             commit to attending these meetings and                  that are relevant to WSI performance for              ‘‘Confidential Submissions,’’ publicly
                                             preparing for the discussions.                          their intended use and determine any                  viewable at http://www.regulations.gov
                                             Stakeholders who identify themselves                    possible limitations that might affect                or at the Division of Dockets
                                             through this notice will be included in                 their safety and effectiveness.                       Management between 9 a.m. and 4 p.m.,
                                             all future stakeholder discussion while                 DATES: Submit either electronic or                    Monday through Friday.
                                             FDA negotiates with the regulated                       written comments on this guidance at                     • Confidential Submissions—To
                                             industry. If a stakeholder decides to                   any time. General comments on Agency                  submit a comment with confidential
                                             participate in these meetings at a later                guidance documents are welcome at any                 information that you do not wish to be
                                             time, they may still participate in                     time.                                                 made publicly available, submit your
                                             remaining meetings by notifying FDA                     ADDRESSES: You may submit comments                    comments only as a written/paper
                                             (see ADDRESSES). These stakeholder                      as follows:                                           submission. You should submit two
                                             discussions will satisfy the requirement                                                                      copies total. One copy will include the
                                                                                                     Electronic Submissions                                information you claim to be confidential
                                             in section 740A(d)(3) of the FD&C Act.
                                                                                                       Submit electronic comments in the                   with a heading or cover note that states
                                             II. Notification of Intent To Participate               following way:                                        ‘‘THIS DOCUMENT CONTAINS
                                             in Periodic Stakeholder Consultation                      • Federal eRulemaking Portal: http://               CONFIDENTIAL INFORMATION.’’ The
                                             Meetings                                                www.regulations.gov. Follow the                       Agency will review this copy, including
                                                If you intend to participate in                      instructions for submitting comments.                 the claimed confidential information, in
                                             continued periodic stakeholder                          Comments submitted electronically,                    its consideration of comments. The
                                             consultation meetings regarding ADUFA                   including attachments, to http://                     second copy, which will have the
                                             reauthorization, please submit                          www.regulations.gov will be posted to                 claimed confidential information
                                             notification by email to cvmadufa@                      the docket unchanged. Because your                    redacted/blacked out, will be available
                                             fda.hhs.gov by May 16, 2016. Your                       comment will be made public, you are                  for public viewing and posted on http://
                                             email should contain complete contact                   solely responsible for ensuring that your             www.regulations.gov. Submit both
                                             information for each attendee, including                comment does not include any                          copies to the Division of Dockets
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                                             name, title, affiliation, address, email                confidential information that you or a                Management. If you do not wish your
                                             address, telephone number, and notice                   third party may not wish to be posted,                name and contact information to be
                                             of any special accommodations required                  such as medical information, your or                  made publicly available, you can
                                             due to a disability. Stakeholders will                  anyone else’s Social Security number, or              provide this information on the cover
                                             receive confirmation and additional                     confidential business information, such               sheet and not in the body of your
                                             information about the first meeting after               as a manufacturing process. Please note               comments and you must identify this
                                             FDA receives this notification.                         that if you include your name, contact                information as ‘‘confidential.’’ Any


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                                                                          Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices                                                 23307

                                             information marked as ‘‘confidential’’                  performance of the WSI system and the                 Reduction Act of 1995 (44 U.S.C. 3501–
                                             will not be disclosed except in                         components in the imaging chain—from                  3520). The collections of information in
                                             accordance with 21 CFR 10.20 and other                  image acquisition to image display, and               21 CFR part 807, subpart E (premarket
                                             applicable disclosure law. For more                     their effect on pathologist’s diagnostic              notification) have been approved under
                                             information about FDA’s posting of                      performance and workflow.                             OMB control number 0910–0120; the
                                             comments to public dockets, see 80 FR                     This guidance provides industry and                 collections of information in 21 CFR
                                             56469, September 18, 2015, or access                    Agency staff with recommendations                     part 814 (premarket approval) have been
                                             the information at: http://www.fda.gov/                 regarding the technical performance                   approved under OMB control number
                                             regulatoryinformation/dockets/                          assessment for regulatory evaluation of               0910–0231; and the collections of
                                             default.htm.                                            a digital WSI system. This document                   information in 21 CFR part 801 and 21
                                                Docket: For access to the docket to                  does not cover the clinical submission                CFR 809.10 (labeling) have been
                                             read background documents or the                        data that may be necessary to support                 approved under OMB control number
                                             electronic and written/paper comments                   approval or clearance. The guidance                   0910–0485.
                                             received, go to http://                                 provides suggestions on how to best                     Dated: April 13, 2016.
                                             www.regulations.gov and insert the                      characterize the technical aspects that
                                                                                                                                                           Leslie Kux,
                                             docket number, found in brackets in the                 are relevant to WSI performance for
                                                                                                     their intended use and determine any                  Associate Commissioner for Policy.
                                             heading of this document, into the
                                                                                                     possible limitations that might affect                [FR Doc. 2016–09140 Filed 4–19–16; 8:45 am]
                                             ‘‘Search’’ box and follow the prompts
                                             and/or go to the Division of Dockets                    their safety and effectiveness.                       BILLING CODE 4164–01–P

                                             Management, 5630 Fishers Lane, Rm.                        In the Federal Register of February
                                             1061, Rockville, MD 20852.                              25, 2015 (80 FR 10122), FDA announced
                                                An electronic copy of the guidance                   the availability of the draft guidance and            DEPARTMENT OF HEALTH AND
                                             document is available for download                      interested persons were invited to                    HUMAN SERVICES
                                             from the Internet. See the                              comment by May 25, 2015.
                                                                                                                                                           Food and Drug Administration
                                             SUPPLEMENTARY INFORMATION section for                   II. Significance of Guidance
                                             information on electronic access to the                                                                       [Docket No. FDA–2015–D–3056]
                                             guidance. Submit written requests for a                    This guidance is being issued
                                             single hard copy of the guidance                        consistent with FDA’s good guidance                   Distributor Labeling for New Animal
                                             document entitled ‘‘Technical                           practices regulation (21 CFR 10.115).                 Drugs; Guidance for Industry;
                                             Performance Assessment of Digital                       The guidance represents the current                   Availability
                                             Pathology Whole Slide Imaging                           thinking of FDA on technical
                                                                                                                                                           AGENCY:    Food and Drug Administration,
                                             Devices’’ to the Office of the Center                   performance assessment of digital
                                                                                                                                                           HHS.
                                             Director, Guidance and Policy                           pathology whole slide imaging devices.
                                                                                                     It does not establish any rights for any              ACTION:   Notice of availability.
                                             Development, Center for Devices and
                                             Radiological Health, Food and Drug                      person and is not binding on FDA or the               SUMMARY:   The Food and Drug
                                             Administration, 10903 New Hampshire                     public. You can use an alternative                    Administration (FDA or Agency) is
                                             Ave., Bldg. 66, Rm. 5431, Silver Spring,                approach if it satisfies the requirements             announcing the availability of guidance
                                             MD 20993–0002. Send one self-                           of the applicable statutes and                        for industry #231 entitled ‘‘Distributor
                                             addressed adhesive label to assist that                 regulations.                                          Labeling for New Animal Drugs.’’ This
                                             office in processing your request.                      III. Electronic Access                                guidance discusses FDA’s current
                                             FOR FURTHER INFORMATION CONTACT:                           Persons interested in obtaining a copy             thinking with respect to the factors it
                                             Nicholas Anderson, Center for Devices                   of the guidance may do so by                          considers in determining whether to
                                             and Radiological Health, Food and Drug                  downloading an electronic copy from                   take regulatory action against distributor
                                             Administration, 10903 New Hampshire                     the Internet. A search capability for all             labeling for a new animal drug that
                                             Ave., Bldg. 66, Rm. 5662, Silver Spring,                Center for Devices and Radiological                   differs from the labeling approved as
                                             MD 20993–0002, 301–796–4310; or                         Health guidance documents is available                part of a new animal drug application or
                                             Aldo Badano, Center for Devices and                     at http://www.fda.gov/MedicalDevices/                 abbreviated new animal drug
                                             Radiological Health, Food and Drug                      DeviceRegulationandGuidance/                          application in ways other than those
                                             Administration, 10903 New Hampshire                     GuidanceDocuments/default.htm.                        permitted by regulation.
                                             Ave., Bldg. 62, Rm. 3116, Silver Spring,                Guidance documents are also available                 DATES: Submit either electronic or
                                             MD 20993–0002, 301–796–2534.                            at http://www.regulations.gov. Persons                written comments on Agency guidances
                                             SUPPLEMENTARY INFORMATION:                              unable to download an electronic copy                 at any time.
                                                                                                     of ‘‘Technical Performance Assessment                 ADDRESSES: You may submit comments
                                             I. Background
                                                                                                     of Digital Pathology Whole Slide                      as follows:
                                                Recent technological advances in                     Imaging Devices’’ may send an email
                                             digital microscopy, in particular the                                                                         Electronic Submissions
                                                                                                     request to CDRH-Guidance@fda.hhs.gov
                                             development of whole slide scanning                     to receive an electronic copy of the                    Submit electronic comments in the
                                             systems, have accelerated the adoption                  document. Please use the document                     following way:
                                             of digital imaging in pathology, similar                number 1400053 to identify the                          • Federal eRulemaking Portal: http://
                                             to the digital transformation that                      guidance you are requesting.                          www.regulations.gov. Follow the
                                             radiology departments have experienced                                                                        instructions for submitting comments.
                                                                                                     IV. Paperwork Reduction Act of 1995
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                                             over the last decade. FDA regulates WSI                                                                       Comments submitted electronically,
                                             system manufacturers to help ensure                       This guidance refers to previously                  including attachments, to http://
                                             that the images produced for intended                   approved collections of information                   www.regulations.gov will be posted to
                                             clinical uses are safe and effective for                found in FDA regulations. These                       the docket unchanged. Because your
                                             such purposes. Essential to the                         collections of information are subject to             comment will be made public, you are
                                             regulation of these systems is the                      review by the Office of Management and                solely responsible for ensuring that your
                                             understanding of the technical                          Budget (OMB) under the Paperwork                      comment does not include any


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Document Created: 2016-04-20 01:51:34
Document Modified: 2016-04-20 01:51:34
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.
ContactNicholas Anderson, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5662, Silver Spring, MD 20993-0002, 301- 796-4310; or Aldo Badano, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 62, Rm. 3116, Silver Spring, MD 20993-0002, 301-796-2534.
FR Citation81 FR 23306 

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