82_FR_54511 82 FR 54290 - Regulatory Considerations for Human Cells, Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation and Homologous Use; Guidance for Industry and Food and Drug Administration Staff; Availability

82 FR 54290 - Regulatory Considerations for Human Cells, Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation and Homologous Use; Guidance for Industry and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 221 (November 17, 2017)

Page Range54290-54292
FR Document2017-24838

The Food and Drug Administration (FDA or Agency) is announcing the availability of a document entitled ``Regulatory Considerations for Human Cells, Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation and Homologous Use; Guidance for Industry and Food and Drug Administration Staff.'' The guidance provides human cells, tissues, and cellular and tissue-based product (HCT/P) manufacturers, healthcare providers, and FDA staff, with FDA's current thinking on the regulatory criteria of minimal manipulation and homologous use. The guidance is intended to improve stakeholders' understanding of the definitions of minimal manipulation and homologous use and how the regulatory criteria apply to their HCT/Ps. It also informs manufacturers, healthcare providers, and other interested persons that the Agency generally intends to exercise enforcement discretion over the next 36 months under limited conditions, with respect to the investigational new drug (IND) application and premarket approval (biologics license application (BLA)) requirements, for certain HCT/Ps.

Federal Register, Volume 82 Issue 221 (Friday, November 17, 2017)
[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Pages 54290-54292]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24838]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1271

[Docket No. FDA-2017-D-6146]


Regulatory Considerations for Human Cells, Tissues, and Cellular 
and Tissue-Based Products: Minimal Manipulation and Homologous Use; 
Guidance for Industry and Food and Drug Administration Staff; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a document entitled ``Regulatory Considerations for 
Human Cells, Tissues, and Cellular and Tissue-Based Products: Minimal 
Manipulation and Homologous Use; Guidance for Industry and Food and 
Drug Administration Staff.'' The guidance provides human cells, 
tissues, and cellular and tissue-based product (HCT/P) manufacturers, 
healthcare providers, and FDA staff, with FDA's current thinking on the 
regulatory criteria of minimal manipulation and homologous use. The 
guidance is intended to improve stakeholders' understanding of the 
definitions of minimal manipulation and homologous use and how the 
regulatory criteria apply to their HCT/Ps. It also informs 
manufacturers, healthcare providers, and other interested persons that 
the Agency generally intends to exercise enforcement discretion over 
the next 36 months under limited conditions, with respect to the 
investigational new drug (IND) application and premarket approval 
(biologics license application (BLA)) requirements, for certain HCT/Ps.

DATES: The announcement of the guidance is published in the Federal 
Register on November 17, 2017.

ADDRESSES: You may submit either electronic or written comments on 
Agency guidances at any time as follows:

[[Page 54291]]

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 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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-D-6146 for ``Regulatory Considerations for Human Cells, 
Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation 
and Homologous Use; Guidance for Industry and Food and Drug 
Administration Staff.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff 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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. 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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Office of Communication, Outreach and Development, Center for Biologics 
Evaluation and Research (CBER), Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002; or to 
the Office of the Center Director, Guidance and Policy Development, 
Center for Devices and Radiological Health (CDRH), Food and Drug 
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver 
Spring, MD 20993-0002; or you may send an email request to the Office 
of Combination Products (OCP) at [email protected]. If you are 
submitting a written request, send one self-addressed adhesive label to 
assist that office in processing your request. The guidance may also be 
obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See 
the SUPPLEMENTARY INFORMATION section for electronic access to the 
guidance document.

FOR FURTHER INFORMATION CONTACT: Lori J. Churchyard, 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; or Angela Krueger, Office of Device Evaluation, Center 
for Devices and Radiological Health, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 66, Rm. 1676, Silver Spring, MD 20993-
0002, 301-796-6380; or Leigh Hayes, Office of Combination Products, 
Office of the Commissioner, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, 301-
796-8938.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled 
``Regulatory Considerations for Human Cells, Tissues, Cellular and 
Tissue-Based Products: Minimal Manipulation and Homologous Use; 
Guidance for Industry and Food and Drug Administration Staff.'' The 
guidance provides HCT/P manufacturers, healthcare providers, and FDA 
staff, with our current thinking on the criteria under part 1271 (21 
CFR part 1271), specifically the Sec.  1271.10(a)(1) (21 CFR 
1271.10(a)(1)) criterion of minimal manipulation and the Sec.  
1271.10(a)(2) criterion of homologous use. The interpretation of the 
minimal manipulation and homologous use criteria and definitions of 
related key terms have been of considerable interest to industry 
stakeholders since the criteria and definitions were first proposed.\1\ 
The guidance document is intended to improve stakeholders' 
understanding of the definitions of minimal manipulation in Sec.  
1271.3(f) and homologous use in Sec.  1271.3(c). It will also 
facilitate stakeholders' understanding of how the regulatory criteria 
in Sec.  1271.10(a)(1) and (2) apply to their HCT/Ps. The guidance 
document explains the regulatory scope of the regulations, as well as 
the Agency's compliance policy regarding certain regulatory 
requirements relating to HCT/Ps. In addition, the guidance document 
informs manufacturers, health care providers, and other interested 
persons that over the next 36 months, we intend to exercise enforcement 
discretion under limited

[[Page 54292]]

conditions with respect to the IND application or premarket approval 
(BLA) requirements, for certain HCT/Ps.
---------------------------------------------------------------------------

    \1\ ``Establishment Registration and Listing for Manufacturers 
of Human Cellular and Tissue-Based Products'' 63 FR 26744 at 26748-
49 (May 14, 1998) https://www.thefederalregister.org/fdsys/pkg/FR-1998-05-14/pdf/98-12751.pdf.
---------------------------------------------------------------------------

    In the Federal Register of December 23, 2014 (79 FR 77012), FDA 
announced the availability of the draft guidance entitled ``Minimal 
Manipulation of Human Cells, Tissues, and Cellular and Tissue-Based 
Products; Draft Guidance for Industry and Food and Drug Administration 
Staff'' dated December 2014 (Minimal Manipulation Draft Guidance), and 
in the Federal Register of December 24, 2014 (79 FR 77414), FDA 
announced the availability of draft guidance entitled ``Human Cells, 
Tissues, and Cellular and Tissue-Based Products (HCT/Ps) from Adipose 
Tissue: Regulatory Considerations; Draft Guidance for Industry'' dated 
December 2014 (Adipose Draft Guidance). Additionally, in the Federal 
Register of October 30, 2015 (80 FR 66850), FDA announced the 
availability of the draft guidance entitled ``Homologous Use of Human 
Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance 
for Industry and FDA Staff'' dated October 2015 (Homologous Use Draft 
Guidance).
    Also in the Federal Register of October 30, 2015, FDA reopened the 
comment period on the Minimal Manipulation Draft Guidance (80 FR 
66844), Adipose Draft Guidance (80 FR 66849), and a third HCT/P-related 
guidance addressing the same surgical procedure exception in Sec.  
1271.15(b) (80 FR 66847) (Same Surgical Procedure Exception Draft 
Guidance). Comments on these three HCT/P-related guidances, as well as 
the Homologous Use Draft Guidance, were requested by April 29, 2016. 
Lastly, the Federal Register of October 30, 2015 (80 FR 66845), FDA 
announced a 1-day part 15 (21 CFR part 15) public hearing to obtain 
input on the four HCT/P-related guidances to be held on April 13, 2016.
    Due to considerable interest in the public hearing and to give 
stakeholders additional time to provide comments to the Agency, on 
February 29, 2016, FDA announced that the hearing was postponed. In the 
Federal Register of April 22, 2016 (81 FR 23661 and 81 FR 23664, 
respectively), FDA announced the rescheduled part 15 hearing date of 
September 12 and 13, 2016, and an extension of the comment period from 
April 29, 2016, until September 27, 2016, on the four HCT/P-related 
guidances. Also in the Federal Register of April 22, 2016 (81 FR 
23708), FDA announced a public workshop on the ``Scientific Evidence in 
Development of HCT/Ps Subject to Premarket Approval.''
    FDA received numerous comments on the Minimal Manipulation Draft 
Guidance, Homologous Use Draft Guidance, and the Adipose Draft Guidance 
in response to the request for comments, and those comments were 
considered in developing the final guidance in this notification.
    The guidance document announced in this notification finalizes the 
Minimal Manipulation Draft Guidance and the Homologous Use Draft 
Guidance. The guidance document also finalizes certain material related 
to adipose tissue that was included in the Adipose Draft Guidance. The 
material in this guidance document related to adipose tissue, together 
with the material related to adipose tissue included in the guidance 
finalizing the Same Surgical Procedure Exception Draft Guidance, the 
availability of which is announced elsewhere in this issue of the 
Federal Register, supersedes the Adipose Draft Guidance. Accordingly, 
FDA does not intend to finalize the Adipose Tissue Guidance, which is 
now withdrawn. Finally, this guidance supersedes the guidance entitled 
``Minimal Manipulation of Structural Tissue (Jurisdictional Update) 
Guidance for Industry and FDA Staff'' dated September 2006.
    FDA is also announcing via this Federal Register notification that, 
with the publication of this guidance document, it will cease posting 
the Tissue Reference Group (TRG) annual reports on FDA's Web site. The 
TRG was created as specified in the ``Proposed Approach to the 
Regulation of Cellular and Tissue-Based Products'' dated February 28, 
1997 (March 4, 1997; 62 FR 9721). The purpose of the TRG is to provide 
a single reference point for product specific questions received by FDA 
(either through the Centers, or from the Office of Combination 
Products) concerning jurisdiction and applicable regulation of HCT/Ps.
    In 1998, the TRG began publishing its recommendations in an annual 
report that was posted on FDA's Web site. Originally intended to assist 
industry in understanding the scientific rationale for the TRG 
recommendations, the recommendations are stated in general terms in 
order to protect proprietary information. As a result, FDA has received 
feedback from stakeholders that the annual reports do not provide 
helpful information. Therefore, we are announcing that although the TRG 
will continue to provide recommendations, the TRG annual reports will 
no longer be posted on FDA's Web site. We note that this final guidance 
is intended to help clarify the minimal manipulation and homologous use 
criteria in Sec.  1271.10(a)(1) and (2), and thus addresses many of the 
questions that had been posed to the TRG.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Regulatory Considerations for Human Cells, 
Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation 
and Homologous Use.'' 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. This guidance is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    The guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in part 1271 have been approved under OMB 
control number 0910-0543.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at 
either https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm; or 
https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm; or https://www.fda.gov/CombinationProducts/GuidanceRegulatoryInformation/default.htm; or 
https://www.regulations.gov.

    Dated: November 13, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24838 Filed 11-16-17; 8:45 am]
 BILLING CODE 4164-01-P



                                             54290            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations

                                             Procedure Exception under 21 CFR                        HCT/Ps Subject to Premarket                           default.htm or https://
                                             1271.15(b): Questions and Answers                       Approval.’’                                           www.regulations.gov.
                                             Regarding the Scope of the Exception.’’                    FDA received numerous comments on                    Dated: November 13, 2017.
                                             The guidance provides tissue                            the draft guidance and the Adipose
                                                                                                                                                           Anna K. Abram,
                                             establishments and health care                          Draft Guidance in response to the
                                                                                                     request for comments, and those                       Deputy Commissioner for Policy, Planning,
                                             professionals with FDA’s current                                                                              Legislation, and Analysis.
                                             thinking on the scope of the exception                  comments were considered in
                                                                                                                                                           [FR Doc. 2017–24839 Filed 11–16–17; 8:45 am]
                                             set forth in part 1271 (21 CFR part                     developing the final guidance. The
                                                                                                     guidance announced in this notification               BILLING CODE 4164–01–P
                                             1271), specifically the exception set
                                             forth in § 1271.15(b) (21 CFR                           finalizes the draft guidance of the same
                                             1271.15(b)). This guidance does not                     title dated October 2014. This guidance
                                                                                                     also finalizes certain material related to            DEPARTMENT OF HEALTH AND
                                             address the other exceptions in                                                                               HUMAN SERVICES
                                             § 1271.15. The guidance, presented in                   adipose tissue that was included in the
                                             question and answer format, provides                    Adipose Draft Guidance.                               Food and Drug Administration
                                             FDA’s current interpretation of this                       The material in this guidance related
                                             regulation and includes examples based                  to adipose tissue, together with the
                                                                                                                                                           21 CFR Part 1271
                                             on inquiries received by the Agency                     material in the final guidance entitled
                                             since the final rule entitled ‘‘Human                   ‘‘Regulatory Considerations for Human                 [Docket No. FDA–2017–D–6146]
                                             Cells, Tissues, and Cellular and Tissue-                Cell, Tissues, and Cellular and Tissue-
                                                                                                     Based Products: Minimal Manipulation                  Regulatory Considerations for Human
                                             Based Products; Establishment
                                                                                                     and Homologous Use; Guidance for                      Cells, Tissues, and Cellular and
                                             Registration and Listing’’ published in
                                                                                                     Industry and Food and Drug                            Tissue-Based Products: Minimal
                                             the Federal Register of January 19, 2001
                                                                                                     Administration Staff’’ dated November                 Manipulation and Homologous Use;
                                             (66 FR 5447).
                                                                                                     2017 (Minimal Manipulation and                        Guidance for Industry and Food and
                                                In the Federal Register of October 23,                                                                     Drug Administration Staff; Availability
                                             2014 (79 FR 63348), FDA announced the                   Homologous Use Guidance) related to
                                             availability of the draft guidance of the               adipose tissue, supersedes the Adipose                AGENCY:   Food and Drug Administration,
                                             same title. Additionally, in the Federal                Draft Guidance. Accordingly, FDA does                 HHS.
                                             Register of December 24, 2014 (79 FR                    not intend to finalize the Adipose Draft              ACTION:   Notification of availability.
                                             77414), FDA announced the availability                  Guidance, which is now withdrawn.
                                             of the draft guidance entitled ‘‘Human                     Elsewhere in this issue of the Federal             SUMMARY:    The Food and Drug
                                             Cells, Tissues, and Cellular and Tissue-                Register, FDA is announcing the                       Administration (FDA or Agency) is
                                             Based Products (HCT/Ps) from Adipose                    availability of the Minimal                           announcing the availability of a
                                             Tissue: Regulatory Considerations; Draft                Manipulation and Homologous Use                       document entitled ‘‘Regulatory
                                             Guidance for Industry’’ dated December                  Guidance.                                             Considerations for Human Cells,
                                                                                                        This guidance is being issued                      Tissues, and Cellular and Tissue-Based
                                             2014 (Adipose Draft Guidance).
                                                                                                     consistent with FDA’s good guidance                   Products: Minimal Manipulation and
                                                In the Federal Register of October 30,
                                                                                                     practices regulation (21 CFR 10.115).                 Homologous Use; Guidance for Industry
                                             2015, FDA reopened the comment
                                                                                                     The guidance represents the current                   and Food and Drug Administration
                                             period for three HCT/P-related draft
                                                                                                     thinking of FDA on ‘‘Same Surgical                    Staff.’’ The guidance provides human
                                             guidances (80 FR 66847, 66849, and
                                                                                                     Procedure Exception under 21 CFR                      cells, tissues, and cellular and tissue-
                                             66844, respectively) and announced the
                                                                                                     1271.15(b): Questions and Answers                     based product (HCT/P) manufacturers,
                                             availability of another HCT/P-related
                                                                                                     Regarding the Scope of the Exception.’’               healthcare providers, and FDA staff,
                                             draft guidance (80 FR 66850).
                                                                                                     It does not establish any rights for any              with FDA’s current thinking on the
                                             Comments on the four HCT/P-related
                                                                                                     person and is not binding on FDA or the               regulatory criteria of minimal
                                             guidances were requested by April 29,
                                                                                                     public. You can use an alternative                    manipulation and homologous use. The
                                             2016. Lastly, in the Federal Register of
                                                                                                     approach if it satisfies the requirements             guidance is intended to improve
                                             October 30, 2015 (80 FR 66845), FDA
                                                                                                     of the applicable statutes and                        stakeholders’ understanding of the
                                             announced a 1-day part 15 (21 CFR part
                                                                                                     regulations. This guidance is not subject             definitions of minimal manipulation
                                             15) public hearing to obtain input on the
                                                                                                     to Executive Order 12866.                             and homologous use and how the
                                             four HCT/P-related guidances to be held
                                             on April 13, 2016.                                      II. Paperwork Reduction Act of 1995                   regulatory criteria apply to their HCT/
                                                Due to considerable interest in the                                                                        Ps. It also informs manufacturers,
                                                                                                        The guidance refers to previously                  healthcare providers, and other
                                             public hearing and to give stakeholders                 approved collections of information
                                             additional time to provide comments to                                                                        interested persons that the Agency
                                                                                                     found in FDA regulations. These                       generally intends to exercise
                                             the Agency, on February 29, 2016, FDA                   collections of information are subject to
                                             announced that the hearing was                                                                                enforcement discretion over the next 36
                                                                                                     review by the Office of Management and                months under limited conditions, with
                                             postponed. In the Federal Register of                   Budget (OMB) under the Paperwork
                                             April 22, 2016 (81 FR 23661 and 81 FR                                                                         respect to the investigational new drug
                                                                                                     Reduction Act of 1995 (44 U.S.C. 3501–                (IND) application and premarket
                                             23664, respectively), FDA announced                     3520). The collections of information in
                                             the rescheduled part 15 hearing date of                                                                       approval (biologics license application
                                                                                                     part 1271 have been approved under                    (BLA)) requirements, for certain HCT/
                                             September 12 and 13, 2016, and an                       OMB control number 0910–0543.
                                             extension of the comment period from                                                                          Ps.
                                                                                                     III. Electronic Access
rmajette on DSKBCKNHB2PROD with RULES




                                             April 29, 2016, until September 27,                                                                           DATES: The announcement of the
                                             2016, on the four HCT/P-related                            Persons with access to the internet                guidance is published in the Federal
                                             guidances. Also in the Federal Register                 may obtain the guidance at either                     Register on November 17, 2017.
                                             of April 22, 2016 (81 FR 23708), FDA                    https://www.fda.gov/                                  ADDRESSES: You may submit either
                                             announced a public workshop to be                       BiologicsBloodVaccines/                               electronic or written comments on
                                             held on September 8, 2016, on the                       GuidanceCompliance                                    Agency guidances at any time as
                                             ‘‘Scientific Evidence in Development of                 RegulatoryInformation/Guidances/                      follows:


                                        VerDate Sep<11>2014   13:56 Nov 16, 2017   Jkt 244001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\17NOR1.SGM   17NOR1


                                                              Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations                                              54291

                                             Electronic Submissions                                  submission. You should submit two                     for electronic access to the guidance
                                               Submit electronic comments in the                     copies total. One copy will include the               document.
                                             following way:                                          information you claim to be confidential              FOR FURTHER INFORMATION CONTACT: Lori
                                               • Federal eRulemaking Portal:                         with a heading or cover note that states              J. Churchyard, Center for Biologics
                                             https://www.regulations.gov. Follow the                 ‘‘THIS DOCUMENT CONTAINS                              Evaluation and Research, Food and
                                             instructions for submitting comments.                   CONFIDENTIAL INFORMATION.’’ The                       Drug Administration, 10903 New
                                             Comments submitted electronically,                      Agency will review this copy, including               Hampshire Ave., Bldg. 71, Rm. 7301,
                                             including attachments, to https://                      the claimed confidential information, in              Silver Spring, MD 20993–0002, 240–
                                             www.regulations.gov will be posted to                   its consideration of comments. The                    402–7911; or Angela Krueger, Office of
                                                                                                     second copy, which will have the                      Device Evaluation, Center for Devices
                                             the docket unchanged. Because your
                                                                                                     claimed confidential information                      and Radiological Health, Food and Drug
                                             comment will be made public, you are
                                                                                                     redacted/blacked out, will be available               Administration, 10903 New Hampshire
                                             solely responsible for ensuring that your
                                                                                                     for public viewing and posted on                      Ave., Bldg. 66, Rm. 1676, Silver Spring,
                                             comment does not include any
                                                                                                     https://www.regulations.gov. Submit                   MD 20993–0002, 301–796–6380; or
                                             confidential information that you or a
                                                                                                     both copies to the Dockets Management                 Leigh Hayes, Office of Combination
                                             third party may not wish to be posted,
                                                                                                     Staff. If you do not wish your name and               Products, Office of the Commissioner,
                                             such as medical information, your or
                                                                                                     contact information to be made publicly               Food and Drug Administration, 10903
                                             anyone else’s Social Security number, or
                                                                                                     available, you can provide this                       New Hampshire Ave., Bldg. 32, Rm.
                                             confidential business information, such
                                                                                                     information on the cover sheet and not                5129, Silver Spring, MD 20993–0002,
                                             as a manufacturing process. Please note                 in the body of your comments and you
                                             that if you include your name, contact                                                                        301–796–8938.
                                                                                                     must identify this information as
                                             information, or other information that                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                     ‘‘confidential.’’ Any information marked
                                             identifies you in the body of your                      as ‘‘confidential’’ will not be disclosed             I. Background
                                             comments, that information will be                      except in accordance with 21 CFR 10.20
                                             posted on https://www.regulations.gov.                                                                           FDA is announcing the availability of
                                                                                                     and other applicable disclosure law. For              a document entitled ‘‘Regulatory
                                               • If you want to submit a comment                     more information about FDA’s posting
                                             with confidential information that you                                                                        Considerations for Human Cells,
                                                                                                     of comments to public dockets, see 80                 Tissues, Cellular and Tissue-Based
                                             do not wish to be made available to the                 FR 56469, September 18, 2015, or access
                                             public, submit the comment as a                                                                               Products: Minimal Manipulation and
                                                                                                     the information at: https://www.gpo.gov/              Homologous Use; Guidance for Industry
                                             written/paper submission and in the                     fdsys/pkg/FR-2015-09-18/pdf/2015-
                                             manner detailed (see ‘‘Written/Paper                                                                          and Food and Drug Administration
                                                                                                     23389.pdf.                                            Staff.’’ The guidance provides HCT/P
                                             Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to                manufacturers, healthcare providers,
                                             Written/Paper Submissions                               read background documents or the                      and FDA staff, with our current thinking
                                                                                                     electronic and written/paper comments
                                               Submit written/paper submissions as                                                                         on the criteria under part 1271 (21 CFR
                                                                                                     received, go to https://
                                             follows:                                                                                                      part 1271), specifically the
                                                                                                     www.regulations.gov and insert the
                                               • Mail/Hand delivery/Courier (for                     docket number, found in brackets in the
                                                                                                                                                           § 1271.10(a)(1) (21 CFR 1271.10(a)(1))
                                             written/paper submissions): Dockets                                                                           criterion of minimal manipulation and
                                                                                                     heading of this document, into the
                                             Management Staff (HFA–305), Food and                                                                          the § 1271.10(a)(2) criterion of
                                                                                                     ‘‘Search’’ box and follow the prompts
                                             Drug Administration, 5630 Fishers                                                                             homologous use. The interpretation of
                                                                                                     and/or go to the Dockets Management
                                             Lane, Rm. 1061, Rockville, MD 20852.                                                                          the minimal manipulation and
                                                                                                     Staff, 5630 Fishers Lane, Rm. 1061,
                                               • For written/paper comments                          Rockville, MD 20852.
                                                                                                                                                           homologous use criteria and definitions
                                             submitted to the Dockets Management                        You may submit comments on any                     of related key terms have been of
                                             Staff, FDA will post your comment, as                   guidance at any time (see 21 CFR                      considerable interest to industry
                                             well as any attachments, except for                     10.115(g)(5)).                                        stakeholders since the criteria and
                                             information submitted, marked and                          Submit written requests for single                 definitions were first proposed.1 The
                                             identified, as confidential, if submitted               copies of the guidance to the Office of               guidance document is intended to
                                             as detailed in ‘‘Instructions.’’                        Communication, Outreach and                           improve stakeholders’ understanding of
                                               Instructions: All submissions received                Development, Center for Biologics                     the definitions of minimal manipulation
                                             must include the Docket No. FDA–                        Evaluation and Research (CBER), Food                  in § 1271.3(f) and homologous use in
                                             2017–D–6146 for ‘‘Regulatory                            and Drug Administration, 10903 New                    § 1271.3(c). It will also facilitate
                                             Considerations for Human Cells,                         Hampshire Ave., Bldg. 71, Rm. 3128,                   stakeholders’ understanding of how the
                                             Tissues, and Cellular and Tissue-Based                  Silver Spring, MD 20993–0002; or to the               regulatory criteria in § 1271.10(a)(1) and
                                             Products: Minimal Manipulation and                      Office of the Center Director, Guidance               (2) apply to their HCT/Ps. The guidance
                                             Homologous Use; Guidance for Industry                   and Policy Development, Center for                    document explains the regulatory scope
                                             and Food and Drug Administration                        Devices and Radiological Health                       of the regulations, as well as the
                                             Staff.’’ Received comments will be                      (CDRH), Food and Drug Administration,                 Agency’s compliance policy regarding
                                             placed in the docket and, except for                    10903 New Hampshire Ave., Bldg. 66,                   certain regulatory requirements relating
                                             those submitted as ‘‘Confidential                       Rm. 5431, Silver Spring, MD 20993–                    to HCT/Ps. In addition, the guidance
                                             Submissions,’’ publicly viewable at                     0002; or you may send an email request                document informs manufacturers,
                                             https://www.regulations.gov or at the                   to the Office of Combination Products                 health care providers, and other
                                             Dockets Management Staff between 9                      (OCP) at combination@fda.gov. If you                  interested persons that over the next 36
                                                                                                                                                           months, we intend to exercise
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                                             a.m. and 4 p.m., Monday through                         are submitting a written request, send
                                             Friday.                                                 one self-addressed adhesive label to                  enforcement discretion under limited
                                               • Confidential Submissions—To                         assist that office in processing your
                                                                                                                                                             1 ‘‘Establishment Registration and Listing for
                                             submit a comment with confidential                      request. The guidance may also be
                                                                                                                                                           Manufacturers of Human Cellular and Tissue-Based
                                             information that you do not wish to be                  obtained by mail by calling CBER at 1–                Products’’ 63 FR 26744 at 26748–49 (May 14, 1998)
                                             made publicly available, submit your                    800–835–4709 or 240–402–8010. See                     https://www.gpo.gov/fdsys/pkg/FR-1998-05-14/pdf/
                                             comments only as a written/paper                        the SUPPLEMENTARY INFORMATION section                 98-12751.pdf.



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                                             54292            Federal Register / Vol. 82, No. 221 / Friday, November 17, 2017 / Rules and Regulations

                                             conditions with respect to the IND                         FDA received numerous comments on                  § 1271.10(a)(1) and (2), and thus
                                             application or premarket approval                       the Minimal Manipulation Draft                        addresses many of the questions that
                                             (BLA) requirements, for certain HCT/Ps.                 Guidance, Homologous Use Draft                        had been posed to the TRG.
                                                In the Federal Register of December                  Guidance, and the Adipose Draft                          This guidance is being issued
                                             23, 2014 (79 FR 77012), FDA announced                   Guidance in response to the request for               consistent with FDA’s good guidance
                                             the availability of the draft guidance                  comments, and those comments were                     practices regulation (21 CFR 10.115).
                                             entitled ‘‘Minimal Manipulation of                      considered in developing the final                    The guidance represents the current
                                             Human Cells, Tissues, and Cellular and                  guidance in this notification.                        thinking of FDA on ‘‘Regulatory
                                             Tissue-Based Products; Draft Guidance                      The guidance document announced                    Considerations for Human Cells,
                                             for Industry and Food and Drug                          in this notification finalizes the Minimal            Tissues, and Cellular and Tissue-Based
                                             Administration Staff’’ dated December                   Manipulation Draft Guidance and the                   Products: Minimal Manipulation and
                                             2014 (Minimal Manipulation Draft                        Homologous Use Draft Guidance. The                    Homologous Use.’’ It does not establish
                                             Guidance), and in the Federal Register                  guidance document also finalizes                      any rights for any person and is not
                                             of December 24, 2014 (79 FR 77414),                     certain material related to adipose tissue            binding on FDA or the public. You can
                                             FDA announced the availability of draft                 that was included in the Adipose Draft                use an alternative approach if it satisfies
                                             guidance entitled ‘‘Human Cells,                        Guidance. The material in this guidance               the requirements of the applicable
                                             Tissues, and Cellular and Tissue-Based                  document related to adipose tissue,                   statutes and regulations. This guidance
                                             Products (HCT/Ps) from Adipose Tissue:                  together with the material related to                 is not subject to Executive Order 12866.
                                             Regulatory Considerations; Draft                        adipose tissue included in the guidance
                                                                                                     finalizing the Same Surgical Procedure                II. Paperwork Reduction Act of 1995
                                             Guidance for Industry’’ dated December
                                             2014 (Adipose Draft Guidance).                          Exception Draft Guidance, the                           The guidance refers to previously
                                             Additionally, in the Federal Register of                availability of which is announced                    approved collections of information
                                             October 30, 2015 (80 FR 66850), FDA                     elsewhere in this issue of the Federal                found in FDA regulations. These
                                             announced the availability of the draft                 Register, supersedes the Adipose Draft                collections of information are subject to
                                             guidance entitled ‘‘Homologous Use of                   Guidance. Accordingly, FDA does not                   review by the Office of Management and
                                             Human Cells, Tissues, and Cellular and                  intend to finalize the Adipose Tissue                 Budget (OMB) under the Paperwork
                                             Tissue-Based Products; Draft Guidance                   Guidance, which is now withdrawn.                     Reduction Act of 1995 (44 U.S.C. 3501–
                                             for Industry and FDA Staff’’ dated                      Finally, this guidance supersedes the                 3520). The collections of information in
                                             October 2015 (Homologous Use Draft                      guidance entitled ‘‘Minimal                           part 1271 have been approved under
                                             Guidance).                                              Manipulation of Structural Tissue                     OMB control number 0910–0543.
                                                                                                     (Jurisdictional Update) Guidance for
                                                Also in the Federal Register of                                                                            III. Electronic Access
                                                                                                     Industry and FDA Staff’’ dated
                                             October 30, 2015, FDA reopened the
                                                                                                     September 2006.                                         Persons with access to the internet
                                             comment period on the Minimal                              FDA is also announcing via this
                                             Manipulation Draft Guidance (80 FR                                                                            may obtain the guidance at either
                                                                                                     Federal Register notification that, with              https://www.fda.gov/BiologicsBlood
                                             66844), Adipose Draft Guidance (80 FR                   the publication of this guidance
                                             66849), and a third HCT/P-related                                                                             Vaccines/GuidanceCompliance
                                                                                                     document, it will cease posting the                   RegulatoryInformation/Guidances/
                                             guidance addressing the same surgical                   Tissue Reference Group (TRG) annual
                                             procedure exception in § 1271.15(b) (80                                                                       default.htm; or https://www.fda.gov/
                                                                                                     reports on FDA’s Web site. The TRG                    MedicalDevices/DeviceRegulation
                                             FR 66847) (Same Surgical Procedure                      was created as specified in the
                                             Exception Draft Guidance). Comments                                                                           andGuidance/GuidanceDocuments/
                                                                                                     ‘‘Proposed Approach to the Regulation                 default.htm; or https://www.fda.gov/
                                             on these three HCT/P-related guidances,                 of Cellular and Tissue-Based Products’’
                                             as well as the Homologous Use Draft                                                                           CombinationProducts/
                                                                                                     dated February 28, 1997 (March 4, 1997;               GuidanceRegulatoryInformation/
                                             Guidance, were requested by April 29,                   62 FR 9721). The purpose of the TRG is
                                             2016. Lastly, the Federal Register of                                                                         default.htm; or https://
                                                                                                     to provide a single reference point for               www.regulations.gov.
                                             October 30, 2015 (80 FR 66845), FDA                     product specific questions received by
                                             announced a 1-day part 15 (21 CFR part                  FDA (either through the Centers, or from                Dated: November 13, 2017.
                                             15) public hearing to obtain input on the               the Office of Combination Products)                   Anna K. Abram,
                                             four HCT/P-related guidances to be held                 concerning jurisdiction and applicable                Deputy Commissioner for Policy, Planning,
                                             on April 13, 2016.                                      regulation of HCT/Ps.                                 Legislation, and Analysis.
                                                Due to considerable interest in the                     In 1998, the TRG began publishing its              [FR Doc. 2017–24838 Filed 11–16–17; 8:45 am]
                                             public hearing and to give stakeholders                 recommendations in an annual report                   BILLING CODE 4164–01–P
                                             additional time to provide comments to                  that was posted on FDA’s Web site.
                                             the Agency, on February 29, 2016, FDA                   Originally intended to assist industry in
                                             announced that the hearing was                          understanding the scientific rationale                DEPARTMENT OF THE INTERIOR
                                             postponed. In the Federal Register of                   for the TRG recommendations, the
                                             April 22, 2016 (81 FR 23661 and 81 FR                   recommendations are stated in general                 Office of Surface Mining Reclamation
                                             23664, respectively), FDA announced                     terms in order to protect proprietary                 and Enforcement
                                             the rescheduled part 15 hearing date of                 information. As a result, FDA has
                                             September 12 and 13, 2016, and an                       received feedback from stakeholders                   30 CFR Part 943
                                             extension of the comment period from                    that the annual reports do not provide
                                             April 29, 2016, until September 27,                     helpful information. Therefore, we are                [SATS No. TX–067–FOR; Docket ID: OSM–
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                                             2016, on the four HCT/P-related                         announcing that although the TRG will                 2016–0001; S1D1S SS08011000 SX064A000
                                             guidances. Also in the Federal Register                 continue to provide recommendations,                  189S180110; S2D2S SS08011000
                                             of April 22, 2016 (81 FR 23708), FDA                    the TRG annual reports will no longer                 SX064A000 18XS501520]
                                             announced a public workshop on the                      be posted on FDA’s Web site. We note                  Texas Regulatory Program
                                             ‘‘Scientific Evidence in Development of                 that this final guidance is intended to
                                             HCT/Ps Subject to Premarket                             help clarify the minimal manipulation                 AGENCY:Office of Surface Mining
                                             Approval.’’                                             and homologous use criteria in                        Reclamation and Enforcement, Interior.


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Document Created: 2017-11-17 05:15:00
Document Modified: 2017-11-17 05:15:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotification of availability.
DatesThe announcement of the guidance is published in the Federal Register on November 17, 2017.
ContactLori J. Churchyard, 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; or Angela Krueger, Office of Device Evaluation, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1676, Silver Spring, MD 20993- 0002, 301-796-6380; or Leigh Hayes, Office of Combination Products, Office of the Commissioner, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5129, Silver Spring, MD 20993-0002, 301- 796-8938.
FR Citation82 FR 54290 

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