81_FR_40045 81 FR 39927 - Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical Studies; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

81 FR 39927 - Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical Studies; Draft Guidance for Industry and Food and Drug Administration Staff; Availability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 118 (June 20, 2016)

Page Range39927-39929
FR Document2016-14461

The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled ``Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical Studies.'' The purpose of this document is to outline FDA's proposed recommendations and expectations for the evaluation and reporting of age, race, and ethnicity data in medical device clinical studies. The primary intent of these recommendations is to improve the quality, consistency, and transparency of data regarding the performance of medical devices within specific age, race, and ethnic groups. This draft guidance is not final nor is it in effect at this time.

Federal Register, Volume 81 Issue 118 (Monday, June 20, 2016)
[Federal Register Volume 81, Number 118 (Monday, June 20, 2016)]
[Notices]
[Pages 39927-39929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14461]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-0734]


Evaluation and Reporting of Age, Race, and Ethnicity Data in 
Medical Device Clinical Studies; Draft Guidance for Industry and Food 
and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of the draft guidance entitled ``Evaluation and 
Reporting of Age, Race, and Ethnicity Data in Medical Device Clinical 
Studies.'' The purpose of this document is to outline FDA's proposed 
recommendations and expectations for the evaluation and reporting of 
age, race, and ethnicity data in medical device clinical studies. The 
primary intent of these recommendations is to improve the quality, 
consistency, and transparency of data regarding the performance of 
medical devices within specific age, race, and ethnic groups. This 
draft guidance is not final nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment of this 
draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by September 19, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-D-0734 for ``Evaluation and Reporting of Age, Race, and 
Ethnicity Data in Medical Device Clinical Studies.'' Received comments 
will be placed in the docket and, except for those submitted as 
``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    An electronic copy of the guidance document is available for 
download from the Internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the draft guidance document entitled 
``Evaluation and Reporting of Age, Race, and Ethnicity Data in Medical 
Device Clinical Studies'' to the Office of the Center Director, 
Guidance and Policy Development, Center for Devices and

[[Page 39928]]

Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002 or the Office of 
Communication, Outreach, and Development, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to assist that office in processing 
your request.

FOR FURTHER INFORMATION CONTACT: Kathryn O'Callaghan, Center for 
Devices and Radiological Health, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 66, Rm. 5428, Silver Spring, MD 20993-0002, 
301-796-6349; or Stephen Ripley, Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 907 of the Food and Drug Administration Safety and 
Innovation Act (Pub. L 112-144) (FDASIA) directed the Agency to publish 
and provide to Congress a report describing the extent to which 
clinical trial participation and safety and effectiveness data by 
demographic subgroups, including sex, age, race, and ethnicity, is 
included in applications submitted to FDA (Ref 1). Section 907 also 
directed FDA to publish and provide to Congress an action plan 
outlining recommendations for improving the completeness and quality of 
analyses of data on demographic subgroups in summaries of product 
safety and effectiveness data and in labeling; on the inclusion of such 
data, or the lack of availability of such data, in labeling; and on 
improving the public availability of such data to patients health care 
providers and researchers, and to indicate the applicability of these 
recommendations to the types of medical products addressed in section 
907. In the Action Plan, FDA committed to developing this draft 
guidance as part of the strategy to fulfill FDASIA requirements (Ref. 
2).
    This guidance outlines FDA's recommendations and expectations for 
patient enrollment, data analysis, and reporting of age, race, and 
ethnicity data in medical device clinical studies. Specific objectives 
of this guidance are to (1) encourage the collection and consideration 
of age, race, ethnicity, and associated covariates (e.g., body size, 
biomarkers, bone density) during the study design stage; (2) outline 
recommended analyses of study subgroup data with a framework for 
considering demographic data when interpreting overall study outcomes; 
and (3) specify FDA's recommendations for reporting age, race, and 
ethnicity-specific information in summaries and labeling for approved 
or cleared medical devices. FDA believes these recommendations will 
help improve the quality, consistency, and transparency of data 
regarding the performance of medical devices within specific age, race, 
and ethnic groups as well as encourage appropriate enrollment of 
diverse populations including relevant age, race, and ethnic groups. 
Proper evaluation and reporting of these data can benefit patients, 
clinicians, researchers, regulators, and other stakeholders.
    This document extends the policy established in FDA's guidance 
entitled ``Evaluation of Sex-Specific Data in Medical Device Clinical 
Studies'' to additional demographic subgroups of age, race, and 
ethnicity (Ref. 3). Upon finalization of this draft guidance, FDA 
intends to integrate the content of both guidances into one document.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on the evaluation 
and reporting of age, race, and ethnicity data in medical device 
clinical studies. 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 draft 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.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryinformation/Guidances/default.htm or http://www.regulations.gov. Persons unable to 
download an electronic copy of ``Evaluation and Reporting of Age, Race, 
and Ethnicity Data in Medical Device Clinical Studies'' may send an 
email request to [email protected] to receive an electronic 
copy of the document. Please use the document number 1500026 to 
identify the guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to currently 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). These 
collections of information in 21 CFR part 812 have been approved under 
OMB control number 0910-0078; the collections of information in 21 CFR 
part 807, subpart E, have been approved under OMB control number 0910-
0120; the collections of information in 21 CFR part 814, subparts A 
through E, have been approved under OMB control number 0910-0231; the 
collections of information in 21 CFR part 814, subpart H, have been 
approved under OMB control number 0910-0332; the collections of 
information in 21 CFR part 822 have been approved under OMB control 
number 0910-0449; and the collections of information in 21 CFR part 801 
have been approved under OMB control number 0910-0485.

V. Reference

    The following reference is on display in the Division of Dockets 
Management (see ADDRESSES) and is available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also 
available electronically at http://www.regulations.gov. FDA has 
verified the Web site address, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. FDA Report: Collection, Analysis, and Availability of Demographic 
Subgroup Data for FDA-Approved Medical Products, issued August 2013, 
required under FDASIA section 907, available at http://www.fda.gov/downloads/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/SignificantAmendmentstotheFDCAct/FDASIA/UCM365544.pdf.
2. FDA's Action Plan to Enhance the Collection and Availability of 
Demographic Subgroup Data (August, 2014), available at http://www.fda.gov/downloads/RegulatoryInformation/Legislation/FederalFoodDrugandCosmeticActFDCAct/SignificantAmendmentstotheFDCAct/FDASIA/UCM410474.pdf.
3. FDA's guidance entitled ``Evaluation of Sex-Specific Data in 
Medical Device Clinical Studies'' (August 22, 2014), available at 
http://www.fda.gov/downloads/medicaldevices/deviceregulationandguidance/guidancedocuments/ucm283707.pdf.


[[Page 39929]]


    Dated: June 14, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-14461 Filed 6-17-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                   Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                           39927

                                                    B. Annual Reporting Burden                              specific age, race, and ethnic groups.                 Studies.’’ Received comments will be
                                                      Respondents: 160,082.                                 This draft guidance is not final nor is it             placed in the docket and, except for
                                                      Responses per Respondent: 1.                          in effect at this time.                                those submitted as ‘‘Confidential
                                                      Total Annual Responses: 160,082.                      DATES: Although you can comment on                     Submissions,’’ publicly viewable at
                                                      Hours per response: 3.8386 minutes.                   any guidance at any time (see 21 CFR                   http://www.regulations.gov or at the
                                                      Total Burden hours: 10,241.                           10.115(g)(5)), to ensure that the Agency               Division of Dockets Management
                                                                                                            considers your comment of this draft                   between 9 a.m. and 4 p.m., Monday
                                                    C. Public Comments                                                                                             through Friday.
                                                                                                            guidance before it begins work on the
                                                       Public comments are particularly                     final version of the guidance, submit                     • Confidential Submissions—To
                                                    invited on: Whether this collection of                  either electronic or written comments                  submit a comment with confidential
                                                    information is necessary and whether it                 on the draft guidance by September 19,                 information that you do not wish to be
                                                    will have practical utility; whether our                2016.                                                  made publicly available, submit your
                                                    estimate of the public burden of this                                                                          comments only as a written/paper
                                                                                                            ADDRESSES: You may submit comments
                                                    collection of information is accurate,                                                                         submission. You should submit two
                                                                                                            as follows:                                            copies total. One copy will include the
                                                    and based on valid assumptions and
                                                    methodology; ways to enhance the                        Electronic Submissions                                 information you claim to be confidential
                                                    quality, utility, and clarity of the                                                                           with a heading or cover note that states
                                                                                                              Submit electronic comments in the
                                                    information to be collected.                                                                                   ‘‘THIS DOCUMENT CONTAINS
                                                                                                            following way:                                         CONFIDENTIAL INFORMATION.’’ The
                                                       Obtaining Copies of Proposals:                         • Federal eRulemaking Portal: http://
                                                    Requesters may obtain a copy of the                                                                            Agency will review this copy, including
                                                                                                            www.regulations.gov. Follow the                        the claimed confidential information, in
                                                    information collection documents from                   instructions for submitting comments.
                                                    the General Services Administration,                                                                           its consideration of comments. The
                                                                                                            Comments submitted electronically,                     second copy, which will have the
                                                    Regulatory Secretariat Division (MVCB),                 including attachments, to http://
                                                    1800 F Street NW., Washington, DC                                                                              claimed confidential information
                                                                                                            www.regulations.gov will be posted to                  redacted/blacked out, will be available
                                                    20405, telephone 202–501–4755. Please                   the docket unchanged. Because your
                                                    cite OMB Control No. 3090–0297,                                                                                for public viewing and posted on http://
                                                                                                            comment will be made public, you are                   www.regulations.gov. Submit both
                                                    Generic Clearance for the Collection of                 solely responsible for ensuring that your
                                                    Qualitative Feedback on Agency Service                                                                         copies to the Division of Dockets
                                                                                                            comment does not include any                           Management. If you do not wish your
                                                    Delivery, in all correspondence.                        confidential information that you or a                 name and contact information to be
                                                      Dated: June 14, 2016.                                 third party may not wish to be posted,                 made publicly available, you can
                                                    David A. Shive,                                         such as medical information, your or                   provide this information on the cover
                                                    Chief Information Officer.                              anyone else’s Social Security number, or               sheet and not in the body of your
                                                    [FR Doc. 2016–14509 Filed 6–17–16; 8:45 am]             confidential business information, such                comments and you must identify this
                                                    BILLING CODE 6820–34–P
                                                                                                            as a manufacturing process. Please note                information as ‘‘confidential.’’ Any
                                                                                                            that if you include your name, contact                 information marked as ‘‘confidential’’
                                                                                                            information, or other information that                 will not be disclosed except in
                                                                                                            identifies you in the body of your                     accordance with 21 CFR 10.20 and other
                                                    DEPARTMENT OF HEALTH AND
                                                                                                            comments, that information will be                     applicable disclosure law. For more
                                                    HUMAN SERVICES
                                                                                                            posted on http://www.regulations.gov.                  information about FDA’s posting of
                                                    Food and Drug Administration                              • If you want to submit a comment                    comments to public dockets, see 80 FR
                                                                                                            with confidential information that you                 56469, September 18, 2015, or access
                                                    [Docket No. FDA–2016–D–0734]                            do not wish to be made available to the                the information at: http://www.fda.gov/
                                                                                                            public, submit the comment as a                        regulatoryinformation/dockets/
                                                    Evaluation and Reporting of Age,
                                                                                                            written/paper submission and in the                    default.htm.
                                                    Race, and Ethnicity Data in Medical
                                                                                                            manner detailed (see ‘‘Written/Paper                      Docket: For access to the docket to
                                                    Device Clinical Studies; Draft
                                                                                                            Submissions’’ and ‘‘Instructions’’).                   read background documents or the
                                                    Guidance for Industry and Food and
                                                    Drug Administration Staff; Availability                 Written/Paper Submissions                              electronic and written/paper comments
                                                                                                                                                                   received, go to http://
                                                    AGENCY:    Food and Drug Administration,                   Submit written/paper submissions as                 www.regulations.gov and insert the
                                                    HHS.                                                    follows:                                               docket number, found in brackets in the
                                                    ACTION:   Notice of availability.                          • Mail/Hand delivery/Courier (for                   heading of this document, into the
                                                                                                            written/paper submissions): Division of                ‘‘Search’’ box and follow the prompts
                                                    SUMMARY:    The Food and Drug                           Dockets Management (HFA–305), Food                     and/or go to the Division of Dockets
                                                    Administration (FDA or Agency) is                       and Drug Administration, 5630 Fishers                  Management, 5630 Fishers Lane, Rm.
                                                    announcing the availability of the draft                Lane, Rm. 1061, Rockville, MD 20852.                   1061, Rockville, MD 20852.
                                                    guidance entitled ‘‘Evaluation and                         • For written/paper comments                           An electronic copy of the guidance
                                                    Reporting of Age, Race, and Ethnicity                   submitted to the Division of Dockets                   document is available for download
                                                    Data in Medical Device Clinical                         Management, FDA will post your                         from the Internet. See the
                                                    Studies.’’ The purpose of this document                 comment, as well as any attachments,                   SUPPLEMENTARY INFORMATION section for
                                                    is to outline FDA’s proposed                            except for information submitted,                      information on electronic access to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    recommendations and expectations for                    marked and identified, as confidential,                guidance. Submit written requests for a
                                                    the evaluation and reporting of age,                    if submitted as detailed in                            single hard copy of the draft guidance
                                                    race, and ethnicity data in medical                     ‘‘Instructions.’’                                      document entitled ‘‘Evaluation and
                                                    device clinical studies. The primary                       Instructions: All submissions received              Reporting of Age, Race, and Ethnicity
                                                    intent of these recommendations is to                   must include the Docket No. FDA–                       Data in Medical Device Clinical
                                                    improve the quality, consistency, and                   2016–D–0734 for ‘‘Evaluation and                       Studies’’ to the Office of the Center
                                                    transparency of data regarding the                      Reporting of Age, Race, and Ethnicity                  Director, Guidance and Policy
                                                    performance of medical devices within                   Data in Medical Device Clinical                        Development, Center for Devices and


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                                                    39928                          Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices

                                                    Radiological Health, Food and Drug                      recommended analyses of study                          document. Please use the document
                                                    Administration, 10903 New Hampshire                     subgroup data with a framework for                     number 1500026 to identify the
                                                    Ave., Bldg. 66, Rm. 5431, Silver Spring,                considering demographic data when                      guidance you are requesting.
                                                    MD 20993–0002 or the Office of                          interpreting overall study outcomes; and
                                                                                                                                                                   IV. Paperwork Reduction Act of 1995
                                                    Communication, Outreach, and                            (3) specify FDA’s recommendations for
                                                    Development, Center for Biologics                       reporting age, race, and ethnicity-                      This draft guidance refers to currently
                                                    Evaluation and Research, Food and                       specific information in summaries and                  approved collections of information
                                                    Drug Administration, 10903 New                          labeling for approved or cleared medical               found in FDA regulations. These
                                                    Hampshire Ave., Bldg. 71, Rm. 3128,                     devices. FDA believes these                            collections of information are subject to
                                                    Silver Spring, MD 20993–0002. Send                      recommendations will help improve the                  review by the Office of Management and
                                                    one self-addressed adhesive label to                    quality, consistency, and transparency                 Budget (OMB) under the Paperwork
                                                    assist that office in processing your                   of data regarding the performance of                   Reduction Act of 1995 (44 U.S.C. 3501–
                                                    request.                                                medical devices within specific age,                   3520). These collections of information
                                                                                                            race, and ethnic groups as well as                     in 21 CFR part 812 have been approved
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            encourage appropriate enrollment of                    under OMB control number 0910–0078;
                                                    Kathryn O’Callaghan, Center for Devices
                                                                                                            diverse populations including relevant                 the collections of information in 21 CFR
                                                    and Radiological Health, Food and Drug
                                                                                                            age, race, and ethnic groups. Proper                   part 807, subpart E, have been approved
                                                    Administration, 10903 New Hampshire
                                                                                                            evaluation and reporting of these data                 under OMB control number 0910–0120;
                                                    Ave., Bldg. 66, Rm. 5428, Silver Spring,
                                                                                                            can benefit patients, clinicians,                      the collections of information in 21 CFR
                                                    MD 20993–0002, 301–796–6349; or
                                                                                                            researchers, regulators, and other                     part 814, subparts A through E, have
                                                    Stephen Ripley, Center for Biologics
                                                                                                            stakeholders.                                          been approved under OMB control
                                                    Evaluation and Research, Food and                          This document extends the policy                    number 0910–0231; the collections of
                                                    Drug Administration, 10903 New                          established in FDA’s guidance entitled                 information in 21 CFR part 814, subpart
                                                    Hampshire Ave., Bldg. 71, Rm. 7301,                     ‘‘Evaluation of Sex-Specific Data in                   H, have been approved under OMB
                                                    Silver Spring, MD 20993–0002, 240–                      Medical Device Clinical Studies’’ to                   control number 0910–0332; the
                                                    402–7911.                                               additional demographic subgroups of                    collections of information in 21 CFR
                                                    SUPPLEMENTARY INFORMATION:                              age, race, and ethnicity (Ref. 3). Upon                part 822 have been approved under
                                                    I. Background                                           finalization of this draft guidance, FDA               OMB control number 0910–0449; and
                                                                                                            intends to integrate the content of both               the collections of information in 21 CFR
                                                       Section 907 of the Food and Drug                     guidances into one document.                           part 801 have been approved under
                                                    Administration Safety and Innovation
                                                                                                            II. Significance of Guidance                           OMB control number 0910–0485.
                                                    Act (Pub. L 112–144) (FDASIA) directed
                                                    the Agency to publish and provide to                       This draft guidance is being issued                 V. Reference
                                                    Congress a report describing the extent                 consistent with FDA’s good guidance                       The following reference is on display
                                                    to which clinical trial participation and               practices regulation (21 CFR 10.115).                  in the Division of Dockets Management
                                                    safety and effectiveness data by                        The draft guidance, when finalized, will               (see ADDRESSES) and is available for
                                                    demographic subgroups, including sex,                   represent the current thinking of FDA                  viewing by interested persons between
                                                    age, race, and ethnicity, is included in                on the evaluation and reporting of age,                9 a.m. and 4 p.m., Monday through
                                                    applications submitted to FDA (Ref 1).                  race, and ethnicity data in medical                    Friday; it is also available electronically
                                                    Section 907 also directed FDA to                        device clinical studies. It does not                   at http://www.regulations.gov. FDA has
                                                    publish and provide to Congress an                      establish any rights for any person and                verified the Web site address, as of the
                                                    action plan outlining recommendations                   is not binding on FDA or the public.                   date this document publishes in the
                                                    for improving the completeness and                      You can use an alternative approach if                 Federal Register, but Web sites are
                                                    quality of analyses of data on                          it satisfies the requirements of the                   subject to change over time.
                                                    demographic subgroups in summaries of                   applicable statutes and regulations.
                                                    product safety and effectiveness data                                                                          1. FDA Report: Collection, Analysis, and
                                                    and in labeling; on the inclusion of such               III. Electronic Access                                     Availability of Demographic Subgroup
                                                                                                                                                                       Data for FDA-Approved Medical
                                                    data, or the lack of availability of such                  Persons interested in obtaining a copy                  Products, issued August 2013, required
                                                    data, in labeling; and on improving the                 of the draft guidance may do so by                         under FDASIA section 907, available at
                                                    public availability of such data to                     downloading an electronic copy from                        http://www.fda.gov/downloads/
                                                    patients health care providers and                      the Internet. A search capability for all                  RegulatoryInformation/Legislation/
                                                    researchers, and to indicate the                        Center for Devices and Radiological                        FederalFoodDrugand
                                                    applicability of these recommendations                  Health guidance documents is available                     CosmeticActFDCAct/
                                                    to the types of medical products                        at http://www.fda.gov/MedicalDevices/                      SignificantAmendmentstotheFDCAct/
                                                                                                            DeviceRegulationandGuidance/                               FDASIA/UCM365544.pdf.
                                                    addressed in section 907. In the Action                                                                        2. FDA’s Action Plan to Enhance the
                                                    Plan, FDA committed to developing this                  GuidanceDocuments/default.htm.                             Collection and Availability of
                                                    draft guidance as part of the strategy to               Guidance documents are also available                      Demographic Subgroup Data (August,
                                                    fulfill FDASIA requirements (Ref. 2).                   at http://www.fda.gov/                                     2014), available at http://www.fda.gov/
                                                       This guidance outlines FDA’s                         BiologicsBloodVaccines/                                    downloads/RegulatoryInformation/
                                                    recommendations and expectations for                    GuidanceCompliance                                         Legislation/FederalFoodDrug
                                                    patient enrollment, data analysis, and                  Regulatoryinformation/Guidances/                           andCosmeticActFDCAct/
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    reporting of age, race, and ethnicity data              default.htm or http://                                     SignificantAmendmentstotheFDCAct/
                                                    in medical device clinical studies.                     www.regulations.gov. Persons unable to                     FDASIA/UCM410474.pdf.
                                                                                                            download an electronic copy of                         3. FDA’s guidance entitled ‘‘Evaluation of
                                                    Specific objectives of this guidance are
                                                                                                                                                                       Sex-Specific Data in Medical Device
                                                    to (1) encourage the collection and                     ‘‘Evaluation and Reporting of Age, Race,                   Clinical Studies’’ (August 22, 2014),
                                                    consideration of age, race, ethnicity, and              and Ethnicity Data in Medical Device                       available at http://www.fda.gov/
                                                    associated covariates (e.g., body size,                 Clinical Studies’’ may send an email                       downloads/medicaldevices/
                                                    biomarkers, bone density) during the                    request to CDRH-Guidance@fda.hhs.gov                       deviceregulationandguidance/
                                                    study design stage; (2) outline                         to receive an electronic copy of the                       guidancedocuments/ucm283707.pdf.



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                                                                                   Federal Register / Vol. 81, No. 118 / Monday, June 20, 2016 / Notices                                             39929

                                                      Dated: June 14, 2016.                                 comment will be made public, you are                   redacted/blacked out, will be available
                                                    Leslie Kux,                                             solely responsible for ensuring that your              for public viewing and posted on http://
                                                    Associate Commissioner for Policy.                      comment does not include any                           www.regulations.gov. Submit both
                                                    [FR Doc. 2016–14461 Filed 6–17–16; 8:45 am]             confidential information that you or a                 copies to the Division of Dockets
                                                    BILLING CODE 4164–01–P                                  third party may not wish to be posted,                 Management. If you do not wish your
                                                                                                            such as medical information, your or                   name and contact information to be
                                                                                                            anyone else’s Social Security number, or               made publicly available, you can
                                                    DEPARTMENT OF HEALTH AND                                confidential business information, such                provide this information on the cover
                                                    HUMAN SERVICES                                          as a manufacturing process. Please note                sheet and not in the body of your
                                                                                                            that if you include your name, contact                 comments and you must identify this
                                                    Food and Drug Administration                            information, or other information that                 information as ‘‘confidential.’’ Any
                                                    [Docket No. FDA–2016–P–1026]                            identifies you in the body of your                     information marked as ‘‘confidential’’
                                                                                                            comments, that information will be                     will not be disclosed except in
                                                    Medical Devices; Exemption From                         posted on http://www.regulations.gov.                  accordance with 21 CFR 10.20 and other
                                                    Premarket Notification: Method,                           • If you want to submit a comment                    applicable disclosure law. For more
                                                    Metallic Reduction, Glucose (Urinary,                   with confidential information that you                 information about FDA’s posting of
                                                    Non-Quantitative) Test System in a                      do not wish to be made available to the                comments to public dockets, see 80 FR
                                                    Reagent Tablet Format; Republication                    public, submit the comment as a                        56469, September 18, 2015, or access
                                                                                                            written/paper submission and in the                    the information at: http://www.fda.gov/
                                                    AGENCY:    Food and Drug Administration,                manner detailed (see ‘‘Written/Paper                   regulatoryinformation/dockets/
                                                    HHS.                                                    Submissions’’ and ‘‘Instructions’’).                   default.htm.
                                                    ACTION:   Notice; republication.                                                                                  Docket: For access to the docket to
                                                                                                            Written/Paper Submissions
                                                    SUMMARY:    The Food and Drug                                                                                  read background documents or the
                                                                                                               Submit written/paper submissions as                 electronic and written/paper comments
                                                    Administration (FDA) is republishing in                 follows:                                               received, go to http://
                                                    its entirety a notice entitled ‘‘Medical                   • Mail/Hand delivery/Courier (for
                                                    Devices; Exemption from Premarket                                                                              www.regulations.gov and insert the
                                                                                                            written/paper submissions): Division of
                                                    Notification: Method, Metallic                                                                                 docket number, found in brackets in the
                                                                                                            Dockets Management (HFA–305), Food
                                                    Reduction, Glucose (Urinary, Non-                                                                              heading of this document, into the
                                                                                                            and Drug Administration, 5630 Fishers
                                                    Quantitative) Test System in a Reagent                                                                         ‘‘Search’’ box and follow the prompts
                                                                                                            Lane, Rm. 1061, Rockville, MD 20852.
                                                    Tablet Format’’ that published in the                      • For written/paper comments                        and/or go to the Division of Dockets
                                                    Federal Register on May 4, 2016 (81 FR                  submitted to the Division of Dockets                   Management, 5630 Fishers Lane, Rm.
                                                    26802). FDA is republishing to correct                  Management, FDA will post your                         1061, Rockville, MD 20852.
                                                    an inadvertent error in the Docket                      comment, as well as any attachments,                   FOR FURTHER INFORMATION CONTACT: Ana
                                                    Number and to announce a revised                        except for information submitted,                      Loloei Marsal, Center for Devices and
                                                    comment period. FDA is announcing                       marked and identified, as confidential,                Radiological Health (CDRH), Food and
                                                    that it has received a petition requesting              if submitted as detailed in                            Drug Administration, 10903 New
                                                    exemption from the premarket                            ‘‘Instructions.’’                                      Hampshire Ave., Bldg. 66, Rm. 4552,
                                                    notification requirements for a method,                    Instructions: All submissions received              Silver Spring, MD 20993–0002, 301–
                                                    metallic reduction, glucose (urinary,                   must include the Docket No. FDA–                       796–8774, anahita.loloeimarsal@
                                                    non-quantitative) test system in a                      2016–P–1026 for ‘‘Medical Devices;                     fda.hhs.gov.
                                                    reagent tablet format that is intended to               Exemption From Premarket                               SUPPLEMENTARY INFORMATION:
                                                    measure glucosuria (glucose in urine).                  Notification: Method, Metallic
                                                    Method, metallic reduction, glucose                     Reduction, Glucose (Urinary, Non-                      I. Statutory Background
                                                    (urinary, non-quantitative) test systems                Quantitative) Test System in a Reagent                    Under section 513 of the Federal
                                                    in a reagent tablet format are used in the              Tablet Format.’’ Received comments                     Food, Drug, and Cosmetic Act (the
                                                    diagnosis and treatment of carbohydrate                 will be placed in the docket and, except               FD&C Act) (21 U.S.C. 360c), FDA must
                                                    metabolism disorders including diabetes                 for those submitted as ‘‘Confidential                  classify devices into one of three
                                                    mellitus, hypoglycemia, and                             Submissions,’’ publicly viewable at                    regulatory classes: Class I, class II, or
                                                    hyperglycemia. FDA is publishing this                   http://www.regulations.gov or at the                   class III. FDA classification of a device
                                                    notice to obtain comments in                            Division of Dockets Management                         is determined by the amount of
                                                    accordance with procedures established                  between 9 a.m. and 4 p.m., Monday                      regulation necessary to provide a
                                                    by the Food and Drug Administration                     through Friday.                                        reasonable assurance of safety and
                                                    Modernization Act of 1997 (FDAMA).                         • Confidential Submissions—To                       effectiveness. Under the Medical Device
                                                    DATES: Submit either electronic or                      submit a comment with confidential                     Amendments of 1976 (1976
                                                    written comments by July 20, 2016.                      information that you do not wish to be                 amendments) (Pub. L. 94–295), as
                                                    ADDRESSES: You may submit comments                      made publicly available, submit your                   amended by the Safe Medical Devices
                                                    as follows:                                             comments only as a written/paper                       Act of 1990 (Pub. L. 101–629), devices
                                                                                                            submission. You should submit two                      are to be classified into class I (general
                                                    Electronic Submissions                                  copies total. One copy will include the                controls) if there is information showing
                                                      Submit electronic comments in the                     information you claim to be confidential               that the general controls of the FD&C
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    following way:                                          with a heading or cover note that states               Act are sufficient to assure safety and
                                                      • Federal eRulemaking Portal: http://                 ‘‘THIS DOCUMENT CONTAINS                               effectiveness; into class II (special
                                                    www.regulations.gov. Follow the                         CONFIDENTIAL INFORMATION.’’ The                        controls) if general controls, by
                                                    instructions for submitting comments.                   Agency will review this copy, including                themselves, are insufficient to provide
                                                    Comments submitted electronically,                      the claimed confidential information, in               reasonable assurance of safety and
                                                    including attachments, to http://                       its consideration of comments. The                     effectiveness, but there is sufficient
                                                    www.regulations.gov will be posted to                   second copy, which will have the                       information to establish special controls
                                                    the docket unchanged. Because your                      claimed confidential information                       to provide such assurance; and into


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Document Created: 2016-06-18 00:08:59
Document Modified: 2016-06-18 00:08:59
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.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by September 19, 2016.
ContactKathryn O'Callaghan, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5428, Silver Spring, MD 20993-0002, 301-796-6349; or Stephen Ripley, 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 Citation81 FR 39927 

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