82_FR_4358 82 FR 4349 - Suggestions, Recommendations, and Comments for Topics That May Be Considered by the Food and Drug Administration Combination Product Policy Council; Establishment of a Docket

82 FR 4349 - Suggestions, Recommendations, and Comments for Topics That May Be Considered by the Food and Drug Administration Combination Product Policy Council; Establishment of a Docket

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4349-4351
FR Document2017-00646

The Food and Drug Administration (FDA) is establishing a docket to receive suggestions, recommendations, and comments for topics from interested parties, including academic institutions, regulated industry, patient representatives, and other interested organizations, on policy issues that may be considered by the FDA Combination Product Policy Council (Council). These comments will help the Agency identify and address combination product policy issues that need clarification through guidance, notice and comment procedures, or other means.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4349-4351]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00646]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-0086]


Suggestions, Recommendations, and Comments for Topics That May Be 
Considered by the Food and Drug Administration Combination Product 
Policy Council; Establishment of a Docket

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is establishing a 
docket to receive suggestions, recommendations, and comments for topics 
from interested parties, including academic institutions, regulated 
industry, patient representatives, and other interested organizations, 
on policy issues that may be considered by the FDA Combination Product 
Policy Council (Council). These comments will help the Agency identify 
and address combination product policy issues that need clarification 
through guidance, notice and comment procedures, or other means.

DATES: Submit either electronic or written comments by April 13, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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

[[Page 4350]]

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-2017-N-0086 for ``Suggestions, Recommendations, and Comments for 
Topics That May Be Considered by the Food and Drug Administration 
Combination Product Policy Council.'' Received comments will be placed 
in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://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 https://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: Nina L. Hunter, Office of Medical 
Products and Tobacco (OMPT), Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 1, Rm. 2312, Silver Spring, MD 20993-0002, 301-
796-6171, FAX: 301-847-8514, [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    In April 2016, FDA established the Council to ensure better 
coordination of combination product policy development and 
implementation across the Agency and consistent, predictable 
communication of combination product policy decisions to the public 
through guidance, notice and comment procedures, or other means.
    Chaired by the Deputy Commissioner of OMPT, the Council provides a 
senior-level forum through which combination product policy issues can 
be raised, considered, developed, and implemented. Council members 
include the following senior leaders: The Center Directors and one 
representative from the Center for Biologics Evaluation and Research, 
Center for Drug Evaluation and Research, and Center for Devices and 
Radiological Health; the Office Director from the Office of Combination 
Products (OCP); and the Associate Commissioner for Special Medical 
Programs. Additional staff from the Centers and other FDA offices 
provide expertise as needed for specific combination product policy 
topics under consideration. While there are various other mechanisms 
available to raise issues for Agency consideration, by establishing 
this docket, FDA seeks to provide a forum for the public to recommend 
specific topics that should have direct, collective engagement and 
consideration by the Council. The Agency believes that this process 
will also further enhance transparency in FDA's approach to policy 
development and implementation.

II. Range of Policy Issues To Be Considered

    FDA envisions a variety of combination product policy topics that 
may be appropriate for consideration by the Council, which typically 
would meet one or more of the following criteria:
     A novel combination product policy issue requiring senior 
management input;
     An identical issue on which FDA seems to have taken 
inconsistent combination product policy positions;
     An existing combination product policy position that 
should be reconsidered in light of scientific or regulatory advances; 
or
     A combination product policy that may be triggered by a 
specific combination product, but that will be applicable to other 
combination products.

III. Establishment of a Docket and Request for Comments

    The docket is being made available for public suggestions, 
recommendations, and comments relating to the combination product 
policy criteria identified in this document that may warrant 
consideration by the Council. Submissions should describe the 
following: (1) The combination product policy issue recommended for 
discussion (e.g., clarifying previous advice or precedents on a 
specified combination product policy topic, reconciling apparently 
differing perspectives within FDA or between FDA and regulated industry 
on a specified combination product policy topic); (2) the rationale for 
doing so, including why it requires direct engagement by the Council; 
(3) recommendations on how the combination product policy issue could 
be addressed; and (4) existing policy documents (e.g., final guidance) 
relevant to the combination product policy issue.
    Note that combination product policy issues concerning any draft 
guidance or proposed rule should be submitted to the docket for that 
draft guidance or rulemaking; product-specific disputes should first be 
addressed through the appropriate appeals mechanism of the Center or 
other Agency component involved; and general recommendations for topics 
to address through guidance or rulemaking should be made to the Center, 
OCP, or other relevant Agency component through the mechanisms provided 
by that component.
    The Agency will carefully consider all comments submitted. FDA 
generally will not respond directly to the person or organization 
submitting the

[[Page 4351]]

comment. In general, combination product policy decisions reached by 
the Council are communicated and implemented in accordance with FDA's 
good guidance practices regulation (21 CFR 10.115) or notice and 
comment procedures.

    Dated: January 9, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-00646 Filed 1-12-17; 8:45 am]
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                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                            4349

                                                    http://www.regulations.gov or at the                    information, and comments to help us                   DEPARTMENT OF HEALTH AND
                                                    Division of Dockets Management                          determine whether a particular isolated                HUMAN SERVICES
                                                    between 9 a.m. and 4 p.m., Monday                       or synthetic non-digestible carbohydrate
                                                    through Friday.                                         should be added to our definition of                   Food and Drug Administration
                                                       • Confidential Submissions—To                        ‘‘dietary fiber’’ that is found in the
                                                    submit a comment with confidential                                                                             [Docket No. FDA–2017–N–0086]
                                                                                                            Nutrition and Supplement Facts label
                                                    information that you do not wish to be                  final rule, which appeared in the                      Suggestions, Recommendations, and
                                                    made publicly available, submit your                    Federal Register of May 27, 2016 (81 FR                Comments for Topics That May Be
                                                    comments only as a written/paper                        33741). Only those isolated or synthetic               Considered by the Food and Drug
                                                    submission. You should submit two                       non-digestible carbohydrates that meet                 Administration Combination Product
                                                    copies total. One copy will include the                                                                        Policy Council; Establishment of a
                                                                                                            the definition can be declared as a
                                                    information you claim to be confidential                                                                       Docket
                                                                                                            dietary fiber on a Nutrition and
                                                    with a heading or cover note that states
                                                                                                            Supplement Facts label. The notice also
                                                    ‘‘THIS DOCUMENT CONTAINS                                                                                       AGENCY:   Food and Drug Administration,
                                                    CONFIDENTIAL INFORMATION.’’ We                          announced the availability of a                        HHS.
                                                    will review this copy, including the                    document entitled ‘‘Science Review of
                                                                                                            Isolated and Synthetic Non-Digestible                  ACTION: Notice; establishment of docket;
                                                    claimed confidential information, in our                                                                       request for comments.
                                                    consideration of comments. The second                   Carbohydrates,’’ which summarizes a
                                                    copy, which will have the claimed                       scientific literature review that we                   SUMMARY:   The Food and Drug
                                                    confidential information redacted/                      conducted of clinical studies associated               Administration (FDA) is establishing a
                                                    blacked out, will be available for public               with the 26 specific isolated or synthetic             docket to receive suggestions,
                                                    viewing and posted on http://                           non-digestible carbohydrates. We                       recommendations, and comments for
                                                    www.regulations.gov. Submit both                        provided a 45-day comment period that                  topics from interested parties, including
                                                    copies to the Division of Dockets                       ended on January 9, 2017.                              academic institutions, regulated
                                                    Management. If you do not wish your                        We have received requests to extend                 industry, patient representatives, and
                                                    name and contact information to be                      the period during which interested                     other interested organizations, on policy
                                                    made publicly available, you can                        parties may submit scientific data,                    issues that may be considered by the
                                                    provide this information on the cover                   information, and comments regarding                    FDA Combination Product Policy
                                                    sheet and not in the body of your                                                                              Council (Council). These comments will
                                                                                                            isolated or synthetic non-digestible
                                                    comments and you must identify this                                                                            help the Agency identify and address
                                                                                                            carbohydrates generally and regarding
                                                    information as ‘‘confidential.’’ Any                                                                           combination product policy issues that
                                                                                                            our scientific literature review summary               need clarification through guidance,
                                                    information marked as ‘‘confidential’’
                                                                                                            document specifically. The requests                    notice and comment procedures, or
                                                    will not be disclosed except in
                                                    accordance with 21 CFR 10.20 and other                  conveyed concern that the original 45-                 other means.
                                                    applicable disclosure law. For more                     day comment period would not allow
                                                                                                                                                                   DATES: Submit either electronic or
                                                    information about FDA’s posting of                      sufficient time to develop meaningful or
                                                                                                                                                                   written comments by April 13, 2017.
                                                    comments to public dockets, see 80 FR                   thoughtful scientific data, information,
                                                                                                                                                                   ADDRESSES: You may submit comments
                                                    56469, September 18, 2015, or access                    or comments.
                                                                                                                                                                   as follows:
                                                    the information at: http://www.fda.gov/                    We have considered the requests but
                                                    regulatoryinformation/dockets/                          were unable to issue a notice extending                Electronic Submissions
                                                    default.htm.                                            the comment period before January 9,                     Submit electronic comments in the
                                                       Docket: For access to the docket to                  2017. Consequently, we are reopening                   following way:
                                                    read background documents or the                        the comment period for an additional 30                  • Federal eRulemaking Portal:
                                                    electronic and written/paper comments                   days. Interested parties have until                    https://www.regulations.gov. Follow the
                                                    received, go to http://                                 February 13, 2017, to submit scientific                instructions for submitting comments.
                                                    www.regulations.gov and insert the                      data, information, or comments to the                  Comments submitted electronically,
                                                    docket number, found in brackets in the                 docket. We believe that this action                    including attachments, to https://
                                                    heading of this document, into the                                                                             www.regulations.gov will be posted to
                                                                                                            allows adequate time for interested
                                                    ‘‘Search’’ box and follow the prompts                                                                          the docket unchanged. Because your
                                                                                                            persons to submit additional scientific
                                                    and/or go to the Division of Dockets                                                                           comment will be made public, you are
                                                    Management, 5630 Fishers Lane, Rm.                      data, information and comments.
                                                                                                                                                                   solely responsible for ensuring that your
                                                    1061, Rockville, MD 20852.                                Dated: January 10, 2017.                             comment does not include any
                                                    FOR FURTHER INFORMATION CONTACT:                        Leslie Kux,                                            confidential information that you or a
                                                    Paula R. Trumbo, Center for Food Safety                 Associate Commissioner for Policy.                     third party may not wish to be posted,
                                                    and Applied Nutrition (HFS–830), Food                   [FR Doc. 2017–00725 Filed 1–12–17; 8:45 am]            such as medical information, your or
                                                    and Drug Administration, 5001 Campus                    BILLING CODE 4164–01–P                                 anyone else’s Social Security number, or
                                                    Dr., College Park, MD 20740, 240–402–                                                                          confidential business information, such
                                                    2579.                                                                                                          as a manufacturing process. Please note
                                                    SUPPLEMENTARY INFORMATION: In the                                                                              that if you include your name, contact
                                                    Federal Register of November 23, 2016                                                                          information, or other information that
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (81 FR 84595), we published a                                                                                  identifies you in the body of your
                                                    document requesting scientific data,                                                                           comments, that information will be
                                                    information, and comments that would                                                                           posted on https://www.regulations.gov.
                                                    help us evaluate the beneficial                                                                                  • If you want to submit a comment
                                                    physiological effects to human health of                                                                       with confidential information that you
                                                    isolated or synthetic non-digestible                                                                           do not wish to be made available to the
                                                    carbohydrate that are added to food. We                                                                        public, submit the comment as a
                                                    requested such scientific data,                                                                                written/paper submission and in the


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                                                    4350                            Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                    manner detailed (see ‘‘Written/Paper                    regulatoryinformation/dockets/                         II. Range of Policy Issues To Be
                                                    Submissions’’ and ‘‘Instructions’’).                    default.htm.                                           Considered
                                                    Written/Paper Submissions                                  Docket: For access to the docket to                   FDA envisions a variety of
                                                       Submit written/paper submissions as                  read background documents or the                       combination product policy topics that
                                                    follows:                                                electronic and written/paper comments                  may be appropriate for consideration by
                                                       • Mail/Hand delivery/Courier (for                    received, go to https://                               the Council, which typically would
                                                    written/paper submissions): Division of                 www.regulations.gov and insert the                     meet one or more of the following
                                                    Dockets Management (HFA–305), Food                      docket number, found in brackets in the                criteria:
                                                    and Drug Administration, 5630 Fishers                   heading of this document, into the                       • A novel combination product
                                                    Lane, Rm. 1061, Rockville, MD 20852.                    ‘‘Search’’ box and follow the prompts                  policy issue requiring senior
                                                       • For written/paper comments                         and/or go to the Division of Dockets                   management input;
                                                    submitted to the Division of Dockets                    Management, 5630 Fishers Lane, Rm.                       • An identical issue on which FDA
                                                    Management, FDA will post your                          1061, Rockville, MD 20852.                             seems to have taken inconsistent
                                                    comment, as well as any attachments,                                                                           combination product policy positions;
                                                                                                            FOR FURTHER INFORMATION CONTACT:                         • An existing combination product
                                                    except for information submitted,
                                                    marked and identified, as confidential,                 Nina L. Hunter, Office of Medical                      policy position that should be
                                                    if submitted as detailed in                             Products and Tobacco (OMPT), Food                      reconsidered in light of scientific or
                                                    ‘‘Instructions.’’                                       and Drug Administration, 10903 New                     regulatory advances; or
                                                       Instructions: All submissions received               Hampshire Ave., Bldg. 1, Rm. 2312,                       • A combination product policy that
                                                    must include the Docket No. FDA–                        Silver Spring, MD 20993–0002, 301–                     may be triggered by a specific
                                                    2017–N–0086 for ‘‘Suggestions,                          796–6171, FAX: 301–847–8514,                           combination product, but that will be
                                                    Recommendations, and Comments for                       CombinationProductCouncil@                             applicable to other combination
                                                    Topics That May Be Considered by the                    fda.hhs.gov.                                           products.
                                                    Food and Drug Administration                                                                                   III. Establishment of a Docket and
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Combination Product Policy Council.’’                                                                          Request for Comments
                                                    Received comments will be placed in                     I. Background
                                                    the docket and, except for those                                                                                  The docket is being made available for
                                                    submitted as ‘‘Confidential                               In April 2016, FDA established the                   public suggestions, recommendations,
                                                    Submissions,’’ publicly viewable at                     Council to ensure better coordination of               and comments relating to the
                                                    https://www.regulations.gov or at the                   combination product policy                             combination product policy criteria
                                                    Division of Dockets Management                          development and implementation                         identified in this document that may
                                                    between 9 a.m. and 4 p.m., Monday                       across the Agency and consistent,                      warrant consideration by the Council.
                                                    through Friday.                                         predictable communication of                           Submissions should describe the
                                                       • Confidential Submissions—To                        combination product policy decisions to                following: (1) The combination product
                                                    submit a comment with confidential                      the public through guidance, notice and                policy issue recommended for
                                                    information that you do not wish to be                  comment procedures, or other means.                    discussion (e.g., clarifying previous
                                                    made publicly available, submit your                                                                           advice or precedents on a specified
                                                                                                              Chaired by the Deputy Commissioner
                                                    comments only as a written/paper                                                                               combination product policy topic,
                                                                                                            of OMPT, the Council provides a senior-
                                                    submission. You should submit two                                                                              reconciling apparently differing
                                                    copies total. One copy will include the                 level forum through which combination                  perspectives within FDA or between
                                                    information you claim to be confidential                product policy issues can be raised,                   FDA and regulated industry on a
                                                    with a heading or cover note that states                considered, developed, and                             specified combination product policy
                                                    ‘‘THIS DOCUMENT CONTAINS                                implemented. Council members include                   topic); (2) the rationale for doing so,
                                                    CONFIDENTIAL INFORMATION.’’ The                         the following senior leaders: The Center               including why it requires direct
                                                    Agency will review this copy, including                 Directors and one representative from                  engagement by the Council; (3)
                                                    the claimed confidential information, in                the Center for Biologics Evaluation and                recommendations on how the
                                                    its consideration of comments. The                      Research, Center for Drug Evaluation                   combination product policy issue could
                                                    second copy, which will have the                        and Research, and Center for Devices                   be addressed; and (4) existing policy
                                                    claimed confidential information                        and Radiological Health; the Office                    documents (e.g., final guidance) relevant
                                                    redacted/blacked out, will be available                 Director from the Office of Combination                to the combination product policy issue.
                                                    for public viewing and posted on http://                Products (OCP); and the Associate                         Note that combination product policy
                                                    www.regulations.gov. Submit both                        Commissioner for Special Medical                       issues concerning any draft guidance or
                                                    copies to the Division of Dockets                       Programs. Additional staff from the                    proposed rule should be submitted to
                                                    Management. If you do not wish your                     Centers and other FDA offices provide                  the docket for that draft guidance or
                                                    name and contact information to be                      expertise as needed for specific                       rulemaking; product-specific disputes
                                                    made publicly available, you can                        combination product policy topics                      should first be addressed through the
                                                    provide this information on the cover                   under consideration. While there are                   appropriate appeals mechanism of the
                                                    sheet and not in the body of your                       various other mechanisms available to                  Center or other Agency component
                                                    comments and you must identify this                     raise issues for Agency consideration,                 involved; and general recommendations
                                                    information as ‘‘confidential.’’ Any                    by establishing this docket, FDA seeks                 for topics to address through guidance
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    information marked as ‘‘confidential’’                  to provide a forum for the public to                   or rulemaking should be made to the
                                                    will not be disclosed except in                         recommend specific topics that should                  Center, OCP, or other relevant Agency
                                                    accordance with 21 CFR 10.20 and other                  have direct, collective engagement and                 component through the mechanisms
                                                    applicable disclosure law. For more                     consideration by the Council. The                      provided by that component.
                                                    information about FDA’s posting of                      Agency believes that this process will                    The Agency will carefully consider all
                                                    comments to public dockets, see 80 FR                   also further enhance transparency in                   comments submitted. FDA generally
                                                    56469, September 18, 2015, or access                    FDA’s approach to policy development                   will not respond directly to the person
                                                    the information at: http://www.fda.gov/                 and implementation.                                    or organization submitting the


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                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                            4351

                                                    comment. In general, combination                        Submit either written or electronic                    made publicly available, submit your
                                                    product policy decisions reached by the                 comments on this collection of                         comments only as a written/paper
                                                    Council are communicated and                            information by March 14, 2017.                         submission. You should submit two
                                                    implemented in accordance with FDA’s                    ADDRESSES: You may submit comments                     copies total. One copy will include the
                                                    good guidance practices regulation (21                  as follows:                                            information you claim to be confidential
                                                    CFR 10.115) or notice and comment                                                                              with a heading or cover note that states
                                                    procedures.                                             Electronic Submissions                                 ‘‘THIS DOCUMENT CONTAINS
                                                      Dated: January 9, 2017.
                                                                                                              Submit electronic comments in the                    CONFIDENTIAL INFORMATION.’’ The
                                                                                                            following way:                                         Agency will review this copy, including
                                                    Leslie Kux,                                               • Federal eRulemaking Portal: http://                the claimed confidential information, in
                                                    Associate Commissioner for Policy.                      www.regulations.gov. Follow the                        its consideration of comments. The
                                                    [FR Doc. 2017–00646 Filed 1–12–17; 8:45 am]             instructions for submitting comments.                  second copy, which will have the
                                                    BILLING CODE 4164–01–P                                  Comments submitted electronically,                     claimed confidential information
                                                                                                            including attachments, to http://                      redacted/blacked out, will be available
                                                                                                            www.regulations.gov will be posted to                  for public viewing and posted on http://
                                                    DEPARTMENT OF HEALTH AND                                the docket unchanged. Because your                     www.regulations.gov. Submit both
                                                    HUMAN SERVICES                                          comment will be made public, you are                   copies to the Division of Dockets
                                                                                                            solely responsible for ensuring that your              Management. If you do not wish your
                                                    Food and Drug Administration
                                                                                                            comment does not include any                           name and contact information to be
                                                    [Docket No. FDA–2017–D–0040]                            confidential information that you or a                 made publicly available, you can
                                                                                                            third party may not wish to be posted,                 provide this information on the cover
                                                    How To Prepare a Pre-Request for                        such as medical information, your or                   sheet and not in the body of your
                                                    Designation; Draft Guidance for                         anyone else’s Social Security number, or               comments and you must identify this
                                                    Industry; Availability                                  confidential business information, such                information as ‘‘confidential.’’ Any
                                                    AGENCY:    Food and Drug Administration,                as a manufacturing process. Please note                information marked as ‘‘confidential’’
                                                    HHS.                                                    that if you include your name, contact                 will not be disclosed except in
                                                                                                            information, or other information that                 accordance with 21 CFR 10.20 and other
                                                    ACTION:   Notice of availability.                                                                              applicable disclosure law. For more
                                                                                                            identifies you in the body of your
                                                    SUMMARY:   The Food and Drug                            comments, that information will be                     information about FDA’s posting of
                                                    Administration (FDA or Agency) is                       posted on http://www.regulations.gov.                  comments to public dockets, see 80 FR
                                                    announcing the availability of a draft                    • If you want to submit a comment                    56469, September 18, 2015, or access
                                                    guidance for industry entitled ‘‘How to                 with confidential information that you                 the information at: http://www.fda.gov/
                                                    Prepare a Pre-Request for Designation                   do not wish to be made available to the                regulatoryinformation/dockets/
                                                    (Pre-RFD).’’ The purpose of this                        public, submit the comment as a                        default.htm.
                                                    guidance is to explain the Pre-RFD                      written/paper submission and in the                       Docket: For access to the docket to
                                                    process at the FDA Office of                            manner detailed (see ‘‘Written/Paper                   read background documents or the
                                                                                                            Submissions’’ and ‘‘Instructions’’).                   electronic and written/paper comments
                                                    Combination Products (OCP), describe
                                                                                                                                                                   received, go to http://
                                                    and help a sponsor understand the type                  Written/Paper Submissions                              www.regulations.gov and insert the
                                                    of information that the sponsor should
                                                                                                               Submit written/paper submissions as                 docket number, found in brackets in the
                                                    include in a Pre-RFD, and assist
                                                                                                            follows:                                               heading of this document, into the
                                                    sponsors in obtaining a preliminary                        • Mail/Hand delivery/Courier (for                   ‘‘Search’’ box and follow the prompts
                                                    assessment from FDA through the Pre-                    written/paper submissions): Division of                and/or go to the Division of Dockets
                                                    RFD process. The Pre-RFD process is                     Dockets Management (HFA–305), Food                     Management, 5630 Fishers Lane, Rm.
                                                    available to provide informal, non-                     and Drug Administration, 5630 Fishers                  1061, Rockville, MD 20852.
                                                    binding feedback regarding the                          Lane, Rm. 1061, Rockville, MD 20852.                      Submit comments on information
                                                    regulatory identity or classification of a                 • For written/paper comments                        collection issues to the Office of
                                                    human medical product as a drug,                        submitted to the Division of Dockets                   Management and Budget in the
                                                    device, biological product, or                          Management, FDA will post your                         following ways:
                                                    combination product. In addition, this                  comment, as well as any attachments,                      • Fax to the Office of Information and
                                                    informal process provides information                   except for information submitted,                      Regulatory Affairs, OMB, Attn: FDA
                                                    about a non-combination or                              marked and identified, as confidential,                Desk Officer, FAX: 202–395–7285, or
                                                    combination product’s assignment to                     if submitted as detailed in                            email to oira_submission@omb.eop.gov.
                                                    the appropriate Agency Center (Center                   ‘‘Instructions.’’                                      All comments should be identified with
                                                    for Drug Evaluation and Research                           Instructions: All submissions received              the title, ‘‘How to Prepare a Pre-Request
                                                    (CDER), Center for Devices and                          must include the Docket No. FDA–                       for Designation (Pre-RFD); Draft
                                                    Radiological Health (CDRH), or Center                   2017–D–0040 for ‘‘How to Prepare a Pre-                Guidance for Industry.’’
                                                    for Biologics Evaluation and Research                   Request for Designation (Pre-RFD); Draft                  Submit written requests for single
                                                    (CBER)) for premarket review and                        Guidance for Industry.’’ Received                      copies of the draft guidance document
                                                    regulation. This draft guidance is not                  comments will be placed in the docket                  entitled ‘‘How to Prepare a Pre-Request
                                                    final nor is it in effect at this time.                 and, except for those submitted as                     for Designation (Pre-RFD)’’ to the Office
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    DATES: Although you can comment on                      ‘‘Confidential Submissions,’’ publicly                 of Combination Products, Food and
                                                    any guidance at any time (see 21 CFR                    viewable at http://www.regulations.gov                 Drug Administration, 10903 New
                                                    10.115(g)(5)), to ensure that the Agency                or at the Division of Dockets                          Hampshire Ave., Bldg. 32, Rm. 5129,
                                                    considers your comment of this draft                    Management between 9 a.m. and 4 p.m.,                  Silver Spring, MD 20993–0002. Send
                                                    guidance before it begins work on the                   Monday through Friday.                                 one self-addressed adhesive label to
                                                    final version of the guidance, submit                      • Confidential Submissions—To                       assist that office in processing your
                                                    either electronic or written comments                   submit a comment with confidential                     request, or fax your request to 301–847–
                                                    on the draft guidance by April 13, 2017.                information that you do not wish to be                 8619. See the SUPPLEMENTARY


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Document Created: 2017-01-13 02:45:30
Document Modified: 2017-01-13 02:45:30
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; establishment of docket; request for comments.
DatesSubmit either electronic or written comments by April 13, 2017.
ContactNina L. Hunter, Office of Medical Products and Tobacco (OMPT), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 2312, Silver Spring, MD 20993-0002, 301- 796-6171, FAX: 301-847-8514, [email protected]
FR Citation82 FR 4349 

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