81 FR 26687 - Standard Preparations, Limits of Potency, and Dating Period Limitations for Biological Products
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration Federal Register Volume 81, Issue 86 (May 4, 2016)
Food and Drug Administration
Federal Register Volume 81, Issue 86 (May 4, 2016)
| Page Range | 26687-26692 | |
| FR Document | 2016-10385 |
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)] [Rules and Regulations] [Pages 26687-26692] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10385] [[Page 26687]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 610 [Docket No. FDA-2016-N-1170] Standard Preparations, Limits of Potency, and Dating Period Limitations for Biological Products AGENCY: Food and Drug Administration, HHS. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA or Agency or we) is amending the general biological products standards relating to dating periods and also removing certain standards relating to standard preparations and limits of potency. FDA is taking this action to update outdated requirements, and accommodate new and evolving technology and testing capabilities, without diminishing public health protections. This action is part of FDA's retrospective review of its regulations in response to an Executive order. FDA is issuing these amendments directly as a final rule because the Agency believes they are noncontroversial and FDA anticipates no significant adverse comments. DATES: This rule is effective September 16, 2016. Submit either electronic or written comments on this direct final rule or its companion proposed rule by July 18, 2016. If FDA receives no significant adverse comments within the specified comment period, the Agency intends to publish a document confirming the effective date of the final rule in the Federal Register within 30 days after the comment period on this direct final rule ends. If timely significant adverse comments are received, the Agency will publish a document in the Federal Register withdrawing this direct final rule within 30 days after the comment period on this direct final rule ends. 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-2016-N-1170 for ``Standard Preparations, Limits of Potency, and Dating Period Limitations for Biological Products.'' 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. FOR FURTHER INFORMATION CONTACT: Tami Belouin, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240- 402-7911. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Purpose of Direct Final Rule FDA is issuing this direct final rule because revision and removal of certain general biological products standards will update outdated requirements and accommodate new and evolving technology and testing capabilities without diminishing public health protections. FDA is taking this action because the existing codified requirements are duplicative of requirements that are also specified in biologics license applications (BLAs) or are no longer necessary or appropriate to help ensure the safety, purity, and potency of licensed biological products. B. Summary of the Major Provisions of the Direct Final Rule This direct final rule removes the requirements contained in Sec. 610.20 (21 CFR 610.20) from the regulations. FDA is taking this action because the standard preparations listed in the regulation are obsolete, no longer available, or described on a product specific basis in BLAs. In addition, FDA believes that it is no longer necessary to restrict the source of standard preparations to the Center for Biologics Evaluation and Research (CBER), since [[Page 26688]] appropriate standard preparations can often be obtained from other sources. Section 610.21 is removed because these potency limits are either obsolete or best described on a product specific basis in the BLA. Section 610.50 is amended to remove references to Sec. Sec. 610.20 and 610.21 and official potency tests and to reflect FDA's updated approach to establishing dates of manufacture. Section 610.53 is amended to remove products no longer manufactured and products for which dating information is identified in the BLA of each individual product, and to reflect updated practices for the remaining products. C. Legal Authority FDA is taking this action under the biological products provisions of the Public Health Service Act (PHS Act), and the drugs and general administrative provisions of the Federal Food, Drug, and Cosmetic Act (the FD&C Act). D. Costs and Benefits Because this direct final rule does not impose any additional regulatory burdens, this regulation is not anticipated to result in any compliance costs and the economic impact is expected to be minimal. II. Direct Final Rulemaking In the document entitled ``Guidance for FDA and Industry: Direct Final Rule Procedures,'' announced and provided in the Federal Register of November 21, 1997 (62 FR 62466), FDA described its procedures on when and how the Agency will employ direct final rulemaking. The guidance may be accessed at: http://www.fda.gov/RegulatoryInformation/Guidances/ucm125166.htm. We have determined that this rule is appropriate for direct final rulemaking because we believe that it includes only noncontroversial amendments and we anticipate no significant adverse comments. Consistent with our procedures on direct final rulemaking, FDA is also publishing elsewhere in this issue of the Federal Register a companion proposed rule proposing to amend the general biological products standards relating to dating periods and to remove those relating to standard preparations and limits of potency. The companion proposed rule provides a procedural framework within which the rule may be finalized in the event that the direct final rule is withdrawn because of any significant adverse comments. The comment period for the direct final rule runs concurrently with the companion proposed rule. Any comments received in response to the companion proposed rule will be considered as comments regarding the direct final rule. We are providing a comment period on the direct final rule of 75 days after the date of publication in the Federal Register. If we receive any significant adverse comments, we intend to withdraw this direct final rule before its effective date by publication of a notice in the Federal Register. A significant adverse comment is defined as a comment that explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. In determining whether an adverse comment is significant and warrants terminating a direct final rulemaking, we will consider whether the comment raises an issue serious enough to warrant a substantive response in a notice-and- comment process. Comments that are frivolous, insubstantial, or outside the scope of the rule will not be considered significant or adverse under this procedure. A comment recommending a regulation change in addition to those in this direct final rule would not be considered a significant adverse comment unless the comment states why the rule would be ineffective without the additional change. In addition, if a significant adverse comment applies to part of this rule and that part can be severed from the remainder of the rule (e.g., where, as here, a direct final rule deletes several unrelated regulations), we may adopt as final those provisions of the rule that are not the subject of the significant adverse comment. If any significant adverse comments are received during the comment period, FDA will publish, before the effective date of this direct final rule, a document withdrawing the direct final rule. If we withdraw the direct final rule, any comments received will be applied to the proposed rule and will be considered in developing a final rule using the usual notice-and-comment procedures. If FDA receives no significant adverse comments during the specified comment period, FDA intends to publish a document confirming the effective date within 30 days after the comment period ends. III. Background On January 18, 2011, President Barack Obama issued Executive Order 13563, ``Improving Regulation and Regulatory Review'' (76 FR 3821, January 21, 2011). One of the provisions in the Executive Order requires Agencies to consider how best to promote the retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned (76 FR 3821 at 3822). As one step in implementing the Executive Order, FDA published a notice in the Federal Register of April 27, 2011 (76 FR 23520) entitled ``Periodic Review of Existing Regulations; Retrospective Review Under E.O. 13563.'' In that notice, FDA announced that it was conducting a review of existing regulations to determine, in part, whether they can be made more effective in light of current public health needs and to take advantage of, and support, advances in innovation that have occurred since those regulations took effect. As part of this initiative, FDA is updating outdated regulations as specified in this rule. FDA's general biological products standards in part 610 are intended to help ensure the safety, purity, and potency of biological products administered to humans. The revision and removal of certain general biological products standards are designed to update outdated requirements and accommodate new and evolving manufacturing and control testing technology. The rule provides manufacturers of biological products with flexibility, as appropriate, to employ advances in science and technology as they become available, without diminishing public health protections. A. Sections 610.20 and 610.21 Standard preparations are generally used to perform lot release testing or other specific product characterization assays. Under the current standard preparations, Sec. 610.20, FDA requires specific standard preparations to be used for a small number of the biological products FDA regulates unless a modification is permitted under Sec. 610.9. Specifically, according to current Sec. 610.20 Standard preparations, standard preparations, made available by CBER, are required to be used in the testing of potency or opacity of certain biological products, mostly biological products that were initially licensed several decades ago. Most of these standard preparations requirements are now obsolete, because either CBER no longer provides the listed standard preparations, or the specific biological products are no longer manufactured, or both. In addition, standard preparations to help ensure the safety, purity, and potency of particular biological products can often be obtained from sources other than CBER now, including international sources, or can be [[Page 26689]] developed internally by the applicant. Thus, FDA believes it is no longer necessary to specify CBER as the source of standard preparations in Sec. 610.20. For these reasons, FDA is removing Sec. 610.20. Consistent with current practice and BLAs, CBER will continue to make and supply standard preparations when appropriate, as well as continue to collaborate with external organizations in the development and assessment of physical standard preparations for biological products. Under the current Sec. 610.21 Limits of potency, FDA specifies minimal potency limits to be met for the antibodies and antigens listed. However, most of the biological products subject to the specified potency limits are no longer manufactured. In addition, for those that are still manufactured, or for anyone wanting to manufacture the listed products, FDA's updated practice is to have the potency limit also be specified in the BLA. For this reason, FDA is removing Sec. 610.21. As a result of removing Sec. Sec. 610.20 and 610.21, part 610, subpart C is removed and reserved. In addition to sometimes being duplicative of information provided in the BLA and unnecessarily restrictive regarding the source of standard preparations, the codification by regulation of many of the standard preparations and limits of potency for certain biological products sometimes does not keep abreast of technological advances in science related to manufacturing and testing. For many years, because of the potential for impeding scientific progress, FDA has not codified additional specific standard preparations and limits of potency for licensed biological products, but instead the standards are established in the BLA. Failure to conform to applicable standards established in the license is grounds for revocation under Sec. 601.5(b)(1)(iv) (21 CFR 601.5(b)(1)(iv)). Notwithstanding the changes in this rule, FDA will continue to require that each biological product meet standards to assure that the product is safe, pure, and potent, and will continue to require that each lot demonstrate conformance with the standards applicable to that product (see Sec. 610.1) through appropriate testing. Therefore, we expect that standard preparations and potency limits will be established in the BLA and may be changed only in accordance with regulations for reporting post-approval changes (see Sec. 601.12). Furthermore, no lot of any licensed product may be released by the manufacturer prior to the completion of tests for conformity with standards applicable to such product (see Sec. 610.1). FDA is therefore amending its regulations to remove Sec. Sec. 610.20 and 610.21 because appropriate standard preparations and potency limits for any listed product are specified during the licensing process on a product specific basis. The removal of Sec. Sec. 610.20 and 610.21 will also increase regulatory flexibility by allowing industry and FDA to more readily use and incorporate current scientific technology and other appropriate reference materials in the manufacture and regulation of licensed biological products. B. Sections 610.50 and 610.53 A biological product is expected to remain stable and retain its identity, strength, quality, and purity for a period of time after manufacture when it is properly stored. The dating period limitations regulations provided at Sec. Sec. 610.50 and 610.53 specify how the date of manufacture for biological products will be determined, when the dating begins, and dating periods for certain biological products. The existing Sec. 610.50 prescribes how the date of manufacture is determined for biological products and relies in part upon Sec. Sec. 610.20 and 610.21 or official standards of potency (i.e., a specific test method described in regulation). With the removal of Sec. Sec. 610.20 and 610.21 for reasons described in this document, FDA is revising Sec. 610.50 to reflect FDA's updated approach to establishing dates of manufacture. In addition, current Sec. 610.50(b) does not provide FDA or applicants with flexibility to consider the variety of manufacturing situations and technologies that exist today and which may occur in the future. Since 1977, when the regulation was last amended, new methods of manufacture and testing often associated with new biological products have been developed. The revisions to Sec. 610.50 provided in this direct final rule therefore allow additional manufacturing activities other than those currently listed to be used to determine the date of manufacture. Under the revised regulation, the date of manufacture must be identified in the approved BLA. FDA recommends that applicants discuss a suitable date of manufacture with FDA during late clinical development and propose a date of manufacture in the BLA. We consider the underlying science and manufacturing process testing methods in determining the date of manufacture for each specific product. The approved BLA will specify how the date of manufacture is determined. A paragraph is being added, Sec. 610.50(c), specifying how the date of manufacture for Whole Blood and blood components is determined. This will assist in complying with the dating periods prescribed for Whole Blood and blood components in the revised table in redesignated Sec. 610.53(b). The current table at Sec. 610.53(c) lists dating periods, manufacturer's storage periods, and storage conditions for many biological products. The table in Sec. 610.53(c) (which is redesignated as Sec. 610.53(b)) is revised to remove products where storage conditions and dating periods are established to help ensure the continued safety, potency, and purity of each individual product, based upon information submitted in the relevant BLA. The dating period and storage conditions for these products will be identified in the BLA. The table in Sec. 610.53(c) is also revised to delete those products that are no longer manufactured. We are retaining those products, specifically Whole Blood and blood components, whose dating periods are based upon data relating to the anticoagulant or preservative solution in the product, usage, clinical experience, laboratory testing, or further processing. The list is updated to include currently licensed Whole Blood and blood component products with their applicable storage temperatures and dating periods. In listing the dating periods for Whole Blood and blood component products, we took into account existing regulations, guidance documents, package inserts for solutions used for manufacture or storage of Whole Blood and blood components, and operator instruction manuals for devices used in the manufacture of Whole Blood and blood component products. Because we understand from these materials that these dating periods are in current use, and because blood establishments can request an exception under Sec. 640.120 (21 CFR 640.120), we do not anticipate significant objections to codifying this information. Similarly, we are removing Sec. 610.53(d) because it is duplicative of Sec. 640.120. In addition, we recognize that future scientific understanding and new technology, such as the implementation of pathogen reduction technology or the approval of extended storage systems, could affect what dating periods would be necessary, as a scientific matter, for Whole Blood and blood components. For this reason, the rule allows for changes to the dating periods specified in Sec. 610.53(b) when the dating period is otherwise specified in the instructions for use by the blood collection, processing, and storage system approved or cleared for such use by FDA. [[Page 26690]] In conclusion, the amendments to the regulations provided by this rule are designed to be consistent with updated practices in the biological product industry and to remove unnecessary or outdated requirements. FDA is taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations to provide flexibility without diminishing public health protection. Given the additional flexibility provided by these revised regulations, FDA does not anticipate that applicants for licensed biological products will need to revise information in BLAs in order to conform to the revised regulations. IV. Highlights of the Direct Final Rule FDA is revising the general biological products standards relating to dating periods and removing certain standard preparations and limits of potency. These changes are designed to remove unnecessary or outdated requirements, and accommodate new and evolving technology and testing capabilities without diminishing public health protections. FDA is issuing these revisions directly as a final rule because the Agency believes they include only noncontroversial amendments and FDA anticipates no significant adverse comments. FDA is removing Sec. 610.20 because the standard preparations listed are obsolete or no longer available; standard preparations to ensure the safety, purity, and potency of a product can best be determined on a product specific basis; and standard preparations may be obtained from other sources. Applicants for biological product licenses currently identify standard preparations in the BLA, and the proposed standard preparations and their purpose are reviewed by FDA during the regulatory process. The standard preparations may include standard preparations developed by the applicant as well as appropriate standard preparations that can be obtained from other sources. Consistent with current practice, CBER will continue to make and supply standard preparations when appropriate, as well as continue to collaborate with external organizations in the development and assessment of physical standard preparations for licensed biological products. We are removing Sec. 610.21 because these potency limits are best described in the BLAs on a product specific basis. Applicants for biological product licenses already identify standards for potency to help ensure the safety, purity, and potency of the product within their BLA, and the proposed standards are reviewed by FDA during the regulatory process. The use of a potency limit is suitably described in the specific product's BLA and allows for its continued and appropriate use in the absence of Sec. 610.21. We are revising Sec. 610.50 by making a minor amendment to the section heading, removing the current language, redesignating Sec. 610.53(b) as Sec. 610.50(a) with edits, revising Sec. 610.50(b), and adding new Sec. 610.50(c). Current Sec. 610.53(b), which applies to all biological products, has been moved to Sec. 610.50(a) and edits have been made for better organization and clarification. Section 610.50(b) is being revised and Sec. 610.50(c) is being added to clarify how the date of manufacture is set for purposes of determining the dating period for general biological products and for Whole Blood and blood components, respectively. We are amending the section heading of Sec. 610.53 to reflect that it only addresses dating periods for Whole Blood and blood components. We are revising Sec. 610.53(a) since this section only applies to the dating periods for Whole Blood and blood components. We are redesignating Sec. 610.53(c) as Sec. 610.53(b) and revising the text to provide an explanation on using the table and to correspond with 21 CFR 606.121(c)(7). We are revising the text and table to eliminate those products for which storage periods, storage conditions, and dating periods are better established by data submitted in the BLA, and to delete those products which are no longer manufactured. The dating period and storage conditions for these products are identified in the BLA. We are including an updated list of Whole Blood and blood component products with their applicable storage temperatures and dating periods, which are based upon available information, including data relating to the anticoagulant or preservative solution in the product, usage, clinical experience, laboratory testing, or further processing. The table contains a list of storage temperatures and dating periods for Whole Blood and blood components that FDA has reviewed and determined to be necessary to help ensure the safety, potency, and purity of these products. In listing the dating periods for the Whole Blood and blood component products, we took into account existing guidance documents, package inserts for solutions used for manufacture or storage of Whole Blood and blood components, and operator instruction manuals for devices used in the manufacture of Whole Blood and blood component products. We are redesignating Sec. 610.53(c) as Sec. 610.53(b) and removing all products regulated by FDA's Center for Drug Evaluation and Research (CDER) from the table. Finally, we are removing Sec. 610.53(d) because it is duplicative of Sec. 640.120. V. Legal Authority FDA is issuing this rule under the biological products provisions of the PHS Act (42 U.S.C. 216, 262, 263, 263a and 264) and the drugs and general administrative provisions of the FD&C Act (21 U.S.C. 321, 331, 351, 352, 353, 355, 360, 360c, 360d, 360h, 360i, 371, 372, 374, and 381). Under these provisions of the PHS Act and the FD&C Act, we have the authority to issue and enforce regulations designed to ensure that biological products are safe, pure, and potent, and prevent the introduction, transmission, and spread of communicable disease. VI. Economic Analysis of Impacts We have examined the impacts of the direct final rule under Executive Order 12866, Executive Order 13563, and the Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). We believe that this direct final rule is not a significant regulatory action as defined by Executive Order 12866. The Regulatory Flexibility Act requires us to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because the direct final rule is removing regulations and revising regulations to be consistent with updated practice, we certify that this direct final rule will not have a significant economic impact on a substantial number of small entities. The Unfunded Mandates Reform Act of 1995 (section 202(a)) requires us to prepare a written statement, which includes an assessment of anticipated costs and benefits, before issuing ``any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.'' The current threshold after adjustment for inflation is $144 million, using the most current (2014) Implicit Price Deflator for the Gross Domestic Product. This direct final rule would not result [[Page 26691]] in an expenditure in any year that meets or exceeds this amount. VII. Analysis of Environmental Impact We have determined under 21 CFR 25.31(h) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. VIII. Federalism We have analyzed this direct final rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the rule does not contain policies that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, we conclude that the rule does not contain policies that have federalism implications as defined in the Executive order and, consequently, a federalism summary impact statement is not required. IX. Paperwork Reduction Act of 1995 This direct final rule contains collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520). The collections of information in part 610 have been approved under OMB control number 0910-0338. The removal of Sec. 610.53(d) impacts OMB control number 0910-0338. We are removing Sec. 610.53(d) because it is duplicative of Sec. 640.120, which is also approved under the same collection of information. While there is no net change in the burden estimate, the current approved collection of information will be updated to reflect this removal. The actions taken by this direct final rule do not create a substantive or material modification to this approved collection of information. Therefore, FDA concludes that OMB has already approved this information collection and the requirements in this document are not subject to additional review by OMB. List of Subjects in 21 CFR Part 610 Biologics, Labeling, Reporting and recordkeeping requirements. Therefore, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 610 is amended as follows: PART 610--GENERAL BIOLOGICAL PRODUCTS STANDARDS 0 1. The authority citation for part 610 continues to read as follows: Authority: 21 U.S.C. 321, 331, 351, 352, 353, 355, 360, 360c, 360d, 360h, 360i, 371, 372, 374, 381; 42 U.S.C. 216, 262, 263, 263a, 264. Subpart C [Removed and Reserved] 0 2. Remove and reserve subpart C, consisting of Sec. Sec. 610.20 and 610.21. 0 3. Revise Sec. 610.50 to read as follows: Sec. 610.50 Date of manufacture for biological products. (a) When the dating period begins. The dating period for a product must begin on the date of manufacture as described in paragraphs (b) and (c) of this section. The dating period for a combination of two or more products must be no longer than the dating period of the component with the shortest dating period. (b) Determining the date of manufacture for biological products other than Whole Blood and blood components. The date of manufacture for biological products, other than Whole Blood and blood components, must be identified in the approved biologics license application as one of the following, whichever is applicable: The date of: (1) Potency test or other specific test as described in a biologics license application or supplement to the application; (2) Removal from animals or humans; (3) Extraction; (4) Solution; (5) Cessation of growth; (6) Final sterile filtration of a bulk solution; (7) Manufacture as described in part 660 of this chapter; or (8) Other specific manufacturing activity described in a biologics license application or supplement to the biologics license application. (c) Determining the date of manufacture for Whole Blood and blood components. (1) The date of manufacture for Whole Blood and blood components must be one of the following, whichever is applicable: (i) Collection date and/or time; (ii) Irradiation date; (iii) The time the red blood cell product was removed from frozen storage for deglycerolization; (iv) The time the additive or rejuvenation solution was added; (v) The time the product was entered for washing or removing plasma (if prepared in an open system); (vi) As specified in the instructions for use by the blood collection, processing, and storage system approved or cleared for such use by FDA; or (vii) As approved by the Director, Center for Biologics Evaluation and Research, in a biologics license application or supplement to the application. (2) For licensed Whole Blood and blood components, the date of manufacture must be identified in the approved biologics license application or supplement to the application. 0 4. Revise Sec. 610.53 to read as follows: Sec. 610.53 Dating periods for Whole Blood and blood components. (a) General. Dating periods for Whole Blood and blood components are specified in the table in paragraph (b) of this section. (b) Table of dating periods. In using the table in this paragraph, when a product in column A is stored at the storage temperature prescribed in column B, storage of a product must not exceed the dating period specified in column C, unless a different dating period is specified in the instructions for use by the blood collection, processing and storage system approved or cleared for such use by FDA. Container labels for each product must include the recommended storage temperatures. Whole Blood and Blood Components Storage Temperatures and Dating Periods ------------------------------------------------------------------------ A B C ------------------------------------------------------------------------ Product Storage temperature Dating period ------------------------------------------------------------------------ Whole Blood ------------------------------------------------------------------------ ACD, CPD, CP2D.............. Between 1 and 6 21 days from date of [deg]C. collection. [[Page 26692]] CPDA-1...................... do \1\.............. 35 days from date of collection. ------------------------------------------------------------------------ Red Blood Cells ------------------------------------------------------------------------ ACD, CPD, CP2D.............. Between 1 and 6 21 days from date of [deg]C. collection. CPDA-1...................... do.................. 35 days from date of collection. Additive solutions.......... do.................. 42 days from date of collection. Open system................. do.................. 24 hours after (e.g., deglycerolized, entering bag. washed). Deglycerolized in closed do.................. 14 days after system with additive entering bag. solution added. Irradiated.................. do.................. 28 days from date of irradiation or original dating, whichever is shorter. Frozen...................... -65 [deg]C or colder 10 years from date of collection. ------------------------------------------------------------------------ Platelets ------------------------------------------------------------------------ Platelets................... Between 20 and 24 5 days from date of [deg]C. collection. Platelets................... Other temperatures As specified in the according to instructions for storage bag use by the blood instructions. collection, processing and storage system approved or cleared for such use by FDA. ------------------------------------------------------------------------ Plasma ------------------------------------------------------------------------ Fresh Frozen Plasma......... -18 [deg]C or colder 1 year from date of collection. Plasma Frozen Within 24 do.................. 1 year from date of Hours After Phlebotomy. collection. Plasma Frozen Within 24 do.................. 1 year from date of Hours After Phlebotomy Held collection. at Room Temperature Up To 24 Hours After Phlebotomy. Plasma Cryoprecipitate do.................. 1 year from date of Reduced. collection. Plasma...................... do.................. 5 years from date of collection. Liquid Plasma............... Between 1 and 6 5 days from end of [deg]C. Whole Blood dating period. Source Plasma (frozen -20 [deg]C or colder 10 years from date injectable). of collection. Source Plasma Liquid 10 [deg]C or colder. According to (injectable). approved biologics license application. Source Plasma Temperature 10 years from date (noninjectable). appropriate for of collection. final product. Therapeutic Exchange Plasma. -20 [deg]C or colder 10 years from date of collection. ------------------------------------------------------------------------ Cryoprecipitated AHF ------------------------------------------------------------------------ Cryoprecipitated AHF........ -18 [deg]C or colder 1 year from date of collection of source blood or from date of collection of oldest source blood in pre-storage pool. ------------------------------------------------------------------------ Source Leukocytes ------------------------------------------------------------------------ Source Leukocytes........... Temperature In lieu of appropriate for expiration date, final product. the collection date must appear on the label. ------------------------------------------------------------------------ \1\ The abbreviation ``do.'' for ditto is used in the table to indicate that the previous line is being repeated. Dated: April 27, 2016. Leslie Kux, Associate Commissioner for Policy. [FR Doc. 2016-10385 Filed 5-3-16; 8:45 am] BILLING CODE 4164-01-P
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manner detailed (see ‘‘Written/Paper Docket: For access to the docket to
Administration (FDA or Agency or we)
Submissions’’ and ‘‘Instructions’’). read background documents or the
is amending the general biological
products standards relating to dating Written/Paper Submissions electronic and written/paper comments
periods and also removing certain received, go to http://
Submit written/paper submissions as www.regulations.gov and insert the
standards relating to standard follows: docket number, found in brackets in the
preparations and limits of potency. FDA • Mail/Hand delivery/Courier (for heading of this document, into the
is taking this action to update outdated written/paper submissions): Division of
requirements, and accommodate new ‘‘Search’’ box and follow the prompts
Dockets Management (HFA–305), Food and/or go to the Division of Dockets
and evolving technology and testing and Drug Administration, 5630 Fishers
capabilities, without diminishing public Management, 5630 Fishers Lane, Rm.
Lane, Rm. 1061, Rockville, MD 20852. 1061, Rockville, MD 20852.
health protections. This action is part of • For written/paper comments
FDA’s retrospective review of its submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT:
regulations in response to an Executive Management, FDA will post your Tami Belouin, Center for Biologics
order. FDA is issuing these amendments comment, as well as any attachments, Evaluation and Research, Food and
directly as a final rule because the except for information submitted, Drug Administration, 10903 New
Agency believes they are marked and identified, as confidential, Hampshire Ave., Bldg. 71, Rm. 7301,
noncontroversial and FDA anticipates if submitted as detailed in Silver Spring, MD 20993–0002, 240–
no significant adverse comments. ‘‘Instructions.’’ 402–7911.
DATES: This rule is effective September Instructions: All submissions received SUPPLEMENTARY INFORMATION:
16, 2016. Submit either electronic or must include the Docket No. FDA– I. Executive Summary
written comments on this direct final 2016–N–1170 for ‘‘Standard
rule or its companion proposed rule by Preparations, Limits of Potency, and A. Purpose of Direct Final Rule
July 18, 2016. If FDA receives no Dating Period Limitations for Biological FDA is issuing this direct final rule
significant adverse comments within the Products.’’ Received comments will be because revision and removal of certain
specified comment period, the Agency placed in the docket and, except for general biological products standards
intends to publish a document those submitted as ‘‘Confidential will update outdated requirements and
confirming the effective date of the final Submissions,’’ publicly viewable at accommodate new and evolving
rule in the Federal Register within 30 http://www.regulations.gov or at the technology and testing capabilities
days after the comment period on this Division of Dockets Management without diminishing public health
direct final rule ends. If timely between 9 a.m. and 4 p.m., Monday protections. FDA is taking this action
significant adverse comments are through Friday. because the existing codified
received, the Agency will publish a • Confidential Submissions—To requirements are duplicative of
document in the Federal Register submit a comment with confidential requirements that are also specified in
withdrawing this direct final rule within information that you do not wish to be biologics license applications (BLAs) or
30 days after the comment period on made publicly available, submit your are no longer necessary or appropriate
this direct final rule ends. comments only as a written/paper to help ensure the safety, purity, and
ADDRESSES: You may submit comments submission. You should submit two potency of licensed biological products.
as follows: copies total. One copy will include the
information you claim to be confidential B. Summary of the Major Provisions of
Electronic Submissions with a heading or cover note that states the Direct Final Rule
Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS This direct final rule removes the
following way: CONFIDENTIAL INFORMATION.’’ The requirements contained in § 610.20 (21
• Federal eRulemaking Portal: http:// Agency will review this copy, including CFR 610.20) from the regulations. FDA
www.regulations.gov. Follow the the claimed confidential information, in is taking this action because the
asabaliauskas on DSK3SPTVN1PROD with RULES
instructions for submitting comments. its consideration of comments. The standard preparations listed in the
Comments submitted electronically, second copy, which will have the regulation are obsolete, no longer
including attachments, to http:// claimed confidential information available, or described on a product
www.regulations.gov will be posted to redacted/blacked out, will be available specific basis in BLAs. In addition, FDA
the docket unchanged. Because your for public viewing and posted on http:// believes that it is no longer necessary to
comment will be made public, you are www.regulations.gov. Submit both restrict the source of standard
solely responsible for ensuring that your copies to the Division of Dockets preparations to the Center for Biologics
comment does not include any Management. If you do not wish your Evaluation and Research (CBER), since
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![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations 26691
in an expenditure in any year that meets List of Subjects in 21 CFR Part 610 (8) Other specific manufacturing
or exceeds this amount. Biologics, Labeling, Reporting and activity described in a biologics license
recordkeeping requirements. application or supplement to the
VII. Analysis of Environmental Impact
biologics license application.
We have determined under 21 CFR Therefore, under the Federal Food,
Drug, and Cosmetic Act and the Public (c) Determining the date of
25.31(h) that this action is of a type that manufacture for Whole Blood and blood
does not individually or cumulatively Health Service Act, and under authority
delegated to the Commissioner of Food components. (1) The date of
have a significant effect on the human manufacture for Whole Blood and blood
environment. Therefore, neither an and Drugs, 21 CFR part 610 is amended
as follows: components must be one of the
environmental assessment nor an following, whichever is applicable:
environmental impact statement is
required. PART 610—GENERAL BIOLOGICAL (i) Collection date and/or time;
PRODUCTS STANDARDS (ii) Irradiation date;
VIII. Federalism
■ 1. The authority citation for part 610 (iii) The time the red blood cell
We have analyzed this direct final product was removed from frozen
continues to read as follows:
rule in accordance with the principles storage for deglycerolization;
set forth in Executive Order 13132. FDA (iv) The time the additive or
has determined that the rule does not Authority: 21 U.S.C. 321, 331, 351, 352,
353, 355, 360, 360c, 360d, 360h, 360i, 371, rejuvenation solution was added;
contain policies that have substantial
372, 374, 381; 42 U.S.C. 216, 262, 263, 263a, (v) The time the product was entered
direct effects on the States, on the
relationship between the National
264. for washing or removing plasma (if
Government and the States, or on the prepared in an open system);
Subpart C [Removed and Reserved] (vi) As specified in the instructions
distribution of power and
responsibilities among the various ■ 2. Remove and reserve subpart C, for use by the blood collection,
levels of government. Accordingly, we consisting of §§ 610.20 and 610.21. processing, and storage system
conclude that the rule does not contain approved or cleared for such use by
■ 3. Revise § 610.50 to read as follows:
policies that have federalism FDA; or
implications as defined in the Executive § 610.50 Date of manufacture for biological (vii) As approved by the Director,
order and, consequently, a federalism products. Center for Biologics Evaluation and
summary impact statement is not (a) When the dating period begins. Research, in a biologics license
required. The dating period for a product must application or supplement to the
begin on the date of manufacture as application.
IX. Paperwork Reduction Act of 1995
described in paragraphs (b) and (c) of (2) For licensed Whole Blood and
This direct final rule contains this section. The dating period for a blood components, the date of
collections of information that are combination of two or more products manufacture must be identified in the
subject to review by the Office of must be no longer than the dating approved biologics license application
Management and Budget (OMB) under period of the component with the or supplement to the application.
the Paperwork Reduction Act of 1995 shortest dating period.
(PRA) (44 U.S.C. 3501–3520). The (b) Determining the date of ■ 4. Revise § 610.53 to read as follows:
collections of information in part 610 manufacture for biological products § 610.53 Dating periods for Whole Blood
have been approved under OMB control other than Whole Blood and blood and blood components.
number 0910–0338. The removal of components. The date of manufacture
§ 610.53(d) impacts OMB control (a) General. Dating periods for Whole
for biological products, other than
number 0910–0338. We are removing Blood and blood components are
Whole Blood and blood components,
§ 610.53(d) because it is duplicative of specified in the table in paragraph (b) of
must be identified in the approved
§ 640.120, which is also approved under this section.
biologics license application as one of
the same collection of information. the following, whichever is applicable: (b) Table of dating periods. In using
While there is no net change in the The date of: the table in this paragraph, when a
burden estimate, the current approved (1) Potency test or other specific test product in column A is stored at the
collection of information will be as described in a biologics license storage temperature prescribed in
updated to reflect this removal. The application or supplement to the column B, storage of a product must not
actions taken by this direct final rule do application; exceed the dating period specified in
not create a substantive or material (2) Removal from animals or humans; column C, unless a different dating
modification to this approved collection (3) Extraction; period is specified in the instructions
of information. Therefore, FDA (4) Solution; for use by the blood collection,
concludes that OMB has already (5) Cessation of growth; processing and storage system approved
approved this information collection (6) Final sterile filtration of a bulk or cleared for such use by FDA.
and the requirements in this document solution; Container labels for each product must
are not subject to additional review by (7) Manufacture as described in part include the recommended storage
OMB. 660 of this chapter; or temperatures.
WHOLE BLOOD AND BLOOD COMPONENTS STORAGE TEMPERATURES AND DATING PERIODS
asabaliauskas on DSK3SPTVN1PROD with RULES
A B C
Product Storage temperature Dating period
Whole Blood
ACD, CPD, CP2D .............................................. Between 1 and 6 °C ........................................ 21 days from date of collection.
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![26692 Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Rules and Regulations
WHOLE BLOOD AND BLOOD COMPONENTS STORAGE TEMPERATURES AND DATING PERIODS—Continued
A B C
Product Storage temperature Dating period
CPDA–1 .............................................................. do 1 ................................................................... 35 days from date of collection.
Red Blood Cells
ACD, CPD, CP2D .............................................. Between 1 and 6 °C ........................................ 21 days from date of collection.
CPDA–1 .............................................................. do ..................................................................... 35 days from date of collection.
Additive solutions ............................................... do ..................................................................... 42 days from date of collection.
Open system ...................................................... do ..................................................................... 24 hours after entering bag.
(e.g., deglycerolized, washed) ...........................
Deglycerolized in closed system with additive do ..................................................................... 14 days after entering bag.
solution added.
Irradiated ............................................................ do ..................................................................... 28 days from date of irradiation or original
dating, whichever is shorter.
Frozen ................................................................ ¥65 °C or colder ............................................. 10 years from date of collection.
Platelets
Platelets .............................................................. Between 20 and 24 °C .................................... 5 days from date of collection.
Platelets .............................................................. Other temperatures according to storage bag As specified in the instructions for use by the
instructions. blood collection, processing and storage
system approved or cleared for such use by
FDA.
Plasma
Fresh Frozen Plasma ......................................... ¥18 °C or colder ............................................. 1 year from date of collection.
Plasma Frozen Within 24 Hours After Phle- do ..................................................................... 1 year from date of collection.
botomy.
Plasma Frozen Within 24 Hours After Phle- do ..................................................................... 1 year from date of collection.
botomy Held at Room Temperature Up To 24
Hours After Phlebotomy.
Plasma Cryoprecipitate Reduced ....................... do ..................................................................... 1 year from date of collection.
Plasma ................................................................ do ..................................................................... 5 years from date of collection.
Liquid Plasma ..................................................... Between 1 and 6 °C ........................................ 5 days from end of Whole Blood dating pe-
riod.
Source Plasma (frozen injectable) ..................... ¥20 °C or colder ............................................. 10 years from date of collection.
Source Plasma Liquid (injectable) ...................... 10 °C or colder ................................................. According to approved biologics license appli-
cation.
Source Plasma (noninjectable) .......................... Temperature appropriate for final product ....... 10 years from date of collection.
Therapeutic Exchange Plasma .......................... ¥20 °C or colder ............................................. 10 years from date of collection.
Cryoprecipitated AHF
Cryoprecipitated AHF ......................................... ¥18 °C or colder ............................................. 1 year from date of collection of source blood
or from date of collection of oldest source
blood in pre-storage pool.
Source Leukocytes
Source Leukocytes ............................................. Temperature appropriate for final product ....... In lieu of expiration date, the collection date
must appear on the label.
1 The abbreviation ‘‘do.’’ for ditto is used in the table to indicate that the previous line is being repeated.
Dated: April 27, 2016. DEPARTMENT OF THE INTERIOR ACTION: Final rule; confirmation.
Leslie Kux,
Associate Commissioner for Policy. Bureau of Indian Affairs SUMMARY: The Bureau of Indian Affairs
[FR Doc. 2016–10385 Filed 5–3–16; 8:45 am] [167A2100DD/AAKC001030/ (BIA) is confirming the interim final
BILLING CODE 4164–01–P A0A501010.999900 253G] rule published on March 1, 2016,
extending the deadline for filing an
asabaliauskas on DSK3SPTVN1PROD with RULES
25 CFR Part 20 application for burial assistance to 180
days to address hardships resulting from
RIN 1076–AF29
the current short timeframe. The
Financial Assistance and Social Department of the Interior (Department)
Services Programs; Burial Assistance did not receive any significant adverse
comments during the public comment
AGENCY: Bureau of Indian Affairs, period on the interim final rule, and
Interior.
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Document Created: 2016-05-04 01:23:14
Document Modified: 2016-05-04 01:23:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective September 16, 2016. Submit either electronic or written comments on this direct final rule or its companion proposed rule by July 18, 2016. If FDA receives no significant adverse comments within the specified comment period, the Agency intends to publish a document confirming the effective date of the final rule in the Federal Register within 30 days after the comment period on this direct final rule ends. If timely significant adverse comments are received, the Agency will publish a document in the Federal Register withdrawing this direct final rule within 30 days after the comment period on this direct final rule ends. | |
| Contact | Tami Belouin, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240- 402-7911. | |
| FR Citation | 81 FR 26687 | |
| CFR Associated | Biologics; Labeling and Reporting and Recordkeeping Requirements |
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