82_FR_60446 82 FR 60204 - Standards Development and the Use of Standards in Regulatory Submissions Reviewed in the Center for Biologics Evaluation and Research; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

82 FR 60204 - Standards Development and the Use of Standards in Regulatory Submissions Reviewed in the Center for Biologics Evaluation and Research; Draft Guidance for Industry and Food and Drug Administration Staff; Availability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 242 (December 19, 2017)

Page Range60204-60206
FR Document2017-27275

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft document entitled ``Standards Development and the Use of Standards in Regulatory Submissions Reviewed in the Center for Biologics Evaluation and Research; Draft Guidance for Industry and Food and Drug Administration Staff.'' The draft guidance document recognizes the value of standards and encourages the use of appropriate standards to facilitate the evaluation of products regulated by the Center for Biologics Evaluation and Research (CBER). The guidance describes CBER's recommendations on the use of standards in product development and the use of such standards in CBER's managed review process. The draft guidance does not endorse the activities of specific Standards Development Organizations or recommend specific standards for use in regulatory submissions.

Federal Register, Volume 82 Issue 242 (Tuesday, December 19, 2017)
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60204-60206]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27275]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-6535]


Standards Development and the Use of Standards in Regulatory 
Submissions Reviewed in the Center for Biologics Evaluation and 
Research; Draft Guidance for Industry and Food and Drug Administration 
Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft document entitled ``Standards Development 
and the Use of Standards in Regulatory Submissions Reviewed in the 
Center for Biologics Evaluation and Research; Draft Guidance for 
Industry and Food and Drug Administration Staff.'' The draft guidance 
document recognizes the value of standards and encourages the use of 
appropriate standards to facilitate the evaluation of products 
regulated by the Center for Biologics Evaluation and Research (CBER). 
The guidance describes CBER's recommendations on the use of standards 
in product development and the use of such standards in CBER's managed 
review process. The draft guidance does not endorse the activities of 
specific Standards Development Organizations or recommend specific 
standards for use in regulatory submissions.

DATES: Submit either electronic or written comments on the draft 
guidance by March 19, 2018 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

Electronic Submissions

    Submit electronic comments in the following way:

[[Page 60205]]

     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-6535 for ``Standards Development and the Use of Standards in 
Regulatory Submissions Reviewed in the Center for Biologics Evaluation 
and Research; Draft 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 draft guidance to 
the Office of Communication, Outreach and Development, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. 
Send one self-addressed adhesive label to assist the office in 
processing your requests. The draft 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 draft 
guidance document.

FOR FURTHER INFORMATION CONTACT: Angela Moy, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a draft document entitled 
``Standards Development and the Use of Standards in Regulatory 
Submissions Reviewed in the Center for Biologics Evaluation and 
Research; Draft Guidance for Industry and Food and Drug Administration 
Staff.'' The Federal Government's policies on the use of standards 
developed by voluntary consensus standard bodies are described in the 
Office of Management and Budget Circular A-119, ``Federal Participation 
in the Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities.'' The policies outlined in Circular 
A-119 were codified in the National Technology Transfer and Advancement 
Act of 1995 (NTTAA). The NTTAA authorizes the National Institute of 
Standards and Technology to coordinate standards activities for Federal 
Agencies.
    CBER recognizes the value of standards and encourages the use of 
appropriate standards in the development of CBER-regulated medical 
products. Sponsors' use of standards can facilitate product development 
and a more efficient evaluation of regulatory submissions. The draft 
guidance describes CBER's recommendations on the use of standards in 
product development and the use of such standards in CBER's managed 
review process. It describes how standards are developed, the benefits 
of using standards, and CBER's policy on accepting standards used in 
regulatory submissions. CBER's use of, and CBER's acceptance of 
sponsors' use of, voluntary consensus standards do not constitute a 
delegation of CBER's regulatory responsibilities. Whether or not 
standards are used, CBER retains the ability to set, and the 
responsibility for setting, appropriate regulatory criteria for CBER-
regulated products.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on standards 
development and the use of standards in regulatory submissions reviewed 
in CBER. 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. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at either https://www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatoryInformation/Guidances/

[[Page 60206]]

default.htm or https://www.regulations.gov.

    Dated: December 14, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-27275 Filed 12-18-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                60204                               Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices

                                                revised burden estimates for the                                           current regulations so that we can                                             In the Federal Register of April 25,
                                                proposed changes and solicited public                                      continue to collect information while                                        2017 (82 FR 19054), FDA published a
                                                comment. In response to requests, the                                      the proposal is pending.                                                     60-day notice requesting public
                                                comment period was extended to                                                Description of Respondents: The                                           comment on the proposed collection of
                                                January 21, 2017 (81 FR 75351, October                                     likely respondents collecting this                                           information. We received no comments.
                                                31, 2016). In the interim, FDA is seeking                                  information are contract laboratories,
                                                                                                                           sponsors of FDA-regulated products,                                            FDA estimates the burden of this
                                                an extension of OMB approval for the                                                                                                                    collection of information as follows:
                                                                                                                           universities, or government agencies.
                                                                                                              TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                           Number of                                                 Average
                                                                                                                                                Number of                                            Total annual
                                                                          21 CFR section/activity                                                                        responses per                                             burden per              Total hours
                                                                                                                                               respondents                                            responses
                                                                                                                                                                           respondent                                               response

                                                58.35(b)(7); Quality assurance unit .....................................                                      300                      60.25                      18,075                          1            18,075
                                                58.185; Reporting of nonclinical laboratory study results ...                                                  300                      60.25                      18,075                      27.65           499,774

                                                      Total ..............................................................................    ........................   ........................   ........................    ........................       517,849
                                                   1 There    are no capital costs or operating maintenance costs associated with this collection of information.

                                                                                                         TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                 Number of                                              Average burden
                                                                                                                                    Number of                                             Total annual
                                                                    21 CFR section/activity                                                                     records per                                            per recordkeeping                   Total hours
                                                                                                                                  recordkeepers                                             records
                                                                                                                                                               recordkeeper                                                (in hours)

                                                58.29(b); Personnel .................................................                               300                       20                      6,000         .21 (13 minutes) ........                    1,260
                                                58.35(b)(1)–(6), and (c); Quality assurance unit .....                                              300                   270.76                     81,228         3.36 ...........................           272,926
                                                58.63(b) and (c); Maintenance and calibration of                                                    300                       60                     18,000         .09 (5 minutes) ..........                   1,620
                                                  equipment.
                                                58.81(a)–(c); SOPs ..................................................                               300                     301.8                    90,540         .14 (8 minutes) ..........                   12,676
                                                58.90(c) and (g); Animal care ..................................                                    300                      62.7                    18,810         .13 (8 minutes) ..........                    2,445
                                                58.105(a) and (b); Test and control article charac-                                                 300                         5                     1,500         11.8 ...........................             17,700
                                                  terization.
                                                58.107(d); Test and control article handling ............                                           300                         1                       300         4.25 ...........................             1,275
                                                58.113(a); Mixtures of articles with carriers ............                                          300                     15.33                     4,599         6.8 .............................           31,273
                                                58.120; Protocol .......................................................                            300                     15.38                     4,614         32.7 ...........................           150,878
                                                58.195; Retention of records ...................................                                    300                     251.5                    75,450         3.9 .............................          294,255

                                                      Total ..................................................................    ........................   ........................   ........................    ....................................       786,308
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  The annual burden for the                                                DEPARTMENT OF HEALTH AND                                                     recognizes the value of standards and
                                                information collection requirements in                                     HUMAN SERVICES                                                               encourages the use of appropriate
                                                these regulations is estimated at                                                                                                                       standards to facilitate the evaluation of
                                                1,304,157 burden hours (517,849 +                                          Food and Drug Administration                                                 products regulated by the Center for
                                                786,308 = 1,304,157). The hours per                                                                                                                     Biologics Evaluation and Research
                                                                                                                           [Docket No. FDA–2017–D–6535]                                                 (CBER). The guidance describes CBER’s
                                                response estimates are based on our
                                                experience with similar programs and                                                                                                                    recommendations on the use of
                                                                                                                           Standards Development and the Use of                                         standards in product development and
                                                information received from industry.                                        Standards in Regulatory Submissions                                          the use of such standards in CBER’s
                                                  Dated: December 13, 2017.                                                Reviewed in the Center for Biologics                                         managed review process. The draft
                                                Leslie Kux,                                                                Evaluation and Research; Draft                                               guidance does not endorse the activities
                                                                                                                           Guidance for Industry and Food and                                           of specific Standards Development
                                                Associate Commissioner for Policy.
                                                                                                                           Drug Administration Staff; Availability                                      Organizations or recommend specific
                                                [FR Doc. 2017–27255 Filed 12–18–17; 8:45 am]
                                                BILLING CODE 4164–01–P                                                     AGENCY:           Food and Drug Administration,                              standards for use in regulatory
                                                                                                                           HHS.                                                                         submissions.
                                                                                                                           ACTION:       Notice of availability.                                        DATES: Submit either electronic or
                                                                                                                                                                                                        written comments on the draft guidance
                                                                                                                           SUMMARY:   The Food and Drug                                                 by March 19, 2018 to ensure that the
                                                                                                                           Administration (FDA or Agency) is                                            Agency considers your comment on this
                                                                                                                           announcing the availability of a draft
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                                                        draft guidance before it begins work on
                                                                                                                           document entitled ‘‘Standards                                                the final version of the guidance.
                                                                                                                           Development and the Use of Standards                                         ADDRESSES: You may submit comments
                                                                                                                           in Regulatory Submissions Reviewed in                                        on any guidance at any time as follows:
                                                                                                                           the Center for Biologics Evaluation and
                                                                                                                           Research; Draft Guidance for Industry                                        Electronic Submissions
                                                                                                                           and Food and Drug Administration                                               Submit electronic comments in the
                                                                                                                           Staff.’’ The draft guidance document                                         following way:


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                                                                           Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices                                            60205

                                                  • Federal eRulemaking Portal:                         ‘‘THIS DOCUMENT CONTAINS                              Development and the Use of Standards
                                                https://www.regulations.gov. Follow the                 CONFIDENTIAL INFORMATION.’’ The                       in Regulatory Submissions Reviewed in
                                                instructions for submitting comments.                   Agency will review this copy, including               the Center for Biologics Evaluation and
                                                Comments submitted electronically,                      the claimed confidential information, in              Research; Draft Guidance for Industry
                                                including attachments, to https://                      its consideration of comments. The                    and Food and Drug Administration
                                                www.regulations.gov will be posted to                   second copy, which will have the                      Staff.’’ The Federal Government’s
                                                the docket unchanged. Because your                      claimed confidential information                      policies on the use of standards
                                                comment will be made public, you are                    redacted/blacked out, will be available               developed by voluntary consensus
                                                solely responsible for ensuring that your               for public viewing and posted on                      standard bodies are described in the
                                                comment does not include any                            https://www.regulations.gov. Submit                   Office of Management and Budget
                                                confidential information that you or a                  both copies to the Dockets Management                 Circular A–119, ‘‘Federal Participation
                                                third party may not wish to be posted,                  Staff. If you do not wish your name and               in the Development and Use of
                                                such as medical information, your or                    contact information to be made publicly               Voluntary Consensus Standards and in
                                                anyone else’s Social Security number, or                available, you can provide this                       Conformity Assessment Activities.’’ The
                                                confidential business information, such                 information on the cover sheet and not                policies outlined in Circular A–119
                                                as a manufacturing process. Please note                 in the body of your comments and you                  were codified in the National
                                                that if you include your name, contact                  must identify this information as                     Technology Transfer and Advancement
                                                information, or other information that                  ‘‘confidential.’’ Any information marked              Act of 1995 (NTTAA). The NTTAA
                                                identifies you in the body of your                      as ‘‘confidential’’ will not be disclosed             authorizes the National Institute of
                                                comments, that information will be                      except in accordance with 21 CFR 10.20                Standards and Technology to coordinate
                                                posted on https://www.regulations.gov.                  and other applicable disclosure law. For              standards activities for Federal
                                                  • If you want to submit a comment                     more information about FDA’s posting                  Agencies.
                                                with confidential information that you                  of comments to public dockets, see 80                    CBER recognizes the value of
                                                do not wish to be made available to the                 FR 56469, September 18, 2015, or access               standards and encourages the use of
                                                public, submit the comment as a                         the information at: https://www.gpo.gov/              appropriate standards in the
                                                written/paper submission and in the                     fdsys/pkg/FR-2015-09-18/pdf/2015-                     development of CBER-regulated medical
                                                manner detailed (see ‘‘Written/Paper                    23389.pdf.                                            products. Sponsors’ use of standards
                                                Submissions’’ and ‘‘Instructions’’).                       Docket: For access to the docket to                can facilitate product development and
                                                                                                        read background documents or the
                                                Written/Paper Submissions                                                                                     a more efficient evaluation of regulatory
                                                                                                        electronic and written/paper comments
                                                  Submit written/paper submissions as                                                                         submissions. The draft guidance
                                                                                                        received, go to https://
                                                follows:                                                                                                      describes CBER’s recommendations on
                                                                                                        www.regulations.gov and insert the
                                                  • Mail/Hand delivery/Courier (for                                                                           the use of standards in product
                                                                                                        docket number, found in brackets in the
                                                written/paper submissions): Dockets                                                                           development and the use of such
                                                                                                        heading of this document, into the
                                                Management Staff (HFA–305), Food and                                                                          standards in CBER’s managed review
                                                                                                        ‘‘Search’’ box and follow the prompts
                                                Drug Administration, 5630 Fishers                                                                             process. It describes how standards are
                                                                                                        and/or go to the Dockets Management
                                                Lane, Rm. 1061, Rockville, MD 20852.                                                                          developed, the benefits of using
                                                                                                        Staff, 5630 Fishers Lane, Rm. 1061,
                                                  • For written/paper comments                                                                                standards, and CBER’s policy on
                                                                                                        Rockville, MD 20852.
                                                submitted to the Dockets Management                        You may submit comments on any                     accepting standards used in regulatory
                                                Staff, FDA will post your comment, as                   guidance at any time (see 21 CFR                      submissions. CBER’s use of, and CBER’s
                                                well as any attachments, except for                     10.115(g)(5)).                                        acceptance of sponsors’ use of,
                                                information submitted, marked and                          Submit written requests for single                 voluntary consensus standards do not
                                                identified, as confidential, if submitted               copies of the draft guidance to the Office            constitute a delegation of CBER’s
                                                as detailed in ‘‘Instructions.’’                        of Communication, Outreach and                        regulatory responsibilities. Whether or
                                                  Instructions: All submissions received                Development, Center for Biologics                     not standards are used, CBER retains the
                                                must include the Docket No. FDA–                        Evaluation and Research, Food and                     ability to set, and the responsibility for
                                                2017–D–6535 for ‘‘Standards                             Drug Administration, 10903 New                        setting, appropriate regulatory criteria
                                                Development and the Use of Standards                    Hampshire Ave., Bldg. 71, Rm. 3128,                   for CBER-regulated products.
                                                in Regulatory Submissions Reviewed in                   Silver Spring, MD 20993–0002. Send                       This draft guidance is being issued
                                                the Center for Biologics Evaluation and                 one self-addressed adhesive label to                  consistent with FDA’s good guidance
                                                Research; Draft Guidance for Industry                   assist the office in processing your                  practices regulation (21 CFR 10.115).
                                                and Food and Drug Administration                        requests. The draft guidance may also be              The draft guidance, when finalized, will
                                                Staff.’’ Received comments will be                      obtained by mail by calling CBER at 1–                represent the current thinking of FDA
                                                placed in the docket and, except for                    800–835–4709 or 240–402–8010. See                     on standards development and the use
                                                those submitted as ‘‘Confidential                       the SUPPLEMENTARY INFORMATION section                 of standards in regulatory submissions
                                                Submissions,’’ publicly viewable at                     for electronic access to the draft                    reviewed in CBER. It does not establish
                                                https://www.regulations.gov or at the                   guidance document.                                    any rights for any person and is not
                                                Dockets Management Staff between 9                      FOR FURTHER INFORMATION CONTACT:                      binding on FDA or the public. You can
                                                a.m. and 4 p.m., Monday through                         Angela Moy, Center for Biologics                      use an alternative approach if it satisfies
                                                Friday.                                                 Evaluation and Research, Food and                     the requirements of the applicable
                                                  • Confidential Submissions—To                         Drug Administration, 10903 New                        statutes and regulations. This guidance
                                                submit a comment with confidential                                                                            is not subject to Executive Order 12866.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Hampshire Ave., Bldg. 71, Rm. 7301,
                                                information that you do not wish to be                  Silver Spring, MD 20993–0002, 240–                    II. Electronic Access
                                                made publicly available, submit your                    402–7911.
                                                comments only as a written/paper                        SUPPLEMENTARY INFORMATION:                              Persons with access to the internet
                                                submission. You should submit two                                                                             may obtain the draft guidance at either
                                                copies total. One copy will include the                 I. Background                                         https://www.fda.gov/Biologics
                                                information you claim to be confidential                   FDA is announcing the availability of              BloodVaccines/GuidanceCompliance
                                                with a heading or cover note that states                a draft document entitled ‘‘Standards                 RegulatoryInformation/Guidances/


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                                                60206                      Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices

                                                default.htm or https://                                 public, submit the comment as a                       fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                www.regulations.gov.                                    written/paper submission and in the                   23389.pdf.
                                                  Dated: December 14, 2017.                             manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                Leslie Kux,
                                                                                                        Submissions’’ and ‘‘Instructions’’).                  read the electronic and written/paper
                                                                                                                                                              comments received, go to https://
                                                Associate Commissioner for Policy.                      Written/Paper Submissions
                                                                                                                                                              www.regulations.gov and insert the
                                                [FR Doc. 2017–27275 Filed 12–18–17; 8:45 am]               Submit written/paper submissions as                docket number, found in brackets in the
                                                BILLING CODE 4164–01–P                                  follows:                                              heading of this document, into the
                                                                                                           • Mail/Hand delivery/Courier (for                  ‘‘Search’’ box and follow the prompts
                                                                                                        written/paper submissions): Dockets                   and/or go to the Dockets Management
                                                DEPARTMENT OF HEALTH AND                                Management Staff (HFA–305), Food and                  Staff, 5630 Fishers Lane, Rm. 1061,
                                                HUMAN SERVICES                                          Drug Administration, 5630 Fishers                     Rockville, MD 20852.
                                                                                                        Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT: Paul
                                                Food and Drug Administration                               • For written/paper comments
                                                                                                        submitted to the Dockets Management                   Hart, Center for Tobacco Products, Food
                                                [Docket No. FDA–2017–N–4678]                                                                                  and Drug Administration, 10903 New
                                                                                                        Staff, FDA will post your comment, as
                                                Modified Risk Tobacco Product                           well as any attachments, except for                   Hampshire Ave., Bldg. 71, Rm. G335,
                                                Applications: Applications for Six                      information submitted, marked and                     Silver Spring, MD 20993–0002, 1–877–
                                                Camel Snus Smokeless Tobacco                            identified, as confidential, if submitted             287–1373, email: AskCTP@fda.hhs.gov.
                                                Products Submitted by R.J. Reynolds                     as detailed in ‘‘Instructions.’’                      SUPPLEMENTARY INFORMATION:
                                                Tobacco Company; Availability                              Instructions: All submissions received             I. Background
                                                                                                        must include the Docket No. FDA–
                                                AGENCY:    Food and Drug Administration,                2017–N–4678 for ‘‘Modified Risk                          Section 911 of the Federal Food, Drug,
                                                HHS.                                                    Tobacco Product Applications:                         and Cosmetic Act (FD&C Act) (21 U.S.C.
                                                ACTION:   Notice.                                       Applications for Six Camel Snus                       387k) addresses the marketing and
                                                                                                        Smokeless Tobacco Products Submitted                  distribution of modified risk tobacco
                                                SUMMARY:   The Food and Drug                            by R.J. Reynolds Tobacco Company.’’                   products (MRTPs). MRTPs are tobacco
                                                Administration (FDA or Agency) is                       Received comments will be placed in                   products that are sold or distributed for
                                                announcing the availability for public                  the docket and, except for those                      use to reduce harm or the risk of
                                                comment of modified risk tobacco                        submitted as ‘‘Confidential                           tobacco-related disease associated with
                                                product applications (MRTPAs) for six                   Submissions,’’ publicly viewable at                   commercially marketed tobacco
                                                Camel Snus smokeless tobacco products                   https://www.regulations.gov or at the                 products. Section 911(a) of the FD&C
                                                submitted by R.J. Reynolds Tobacco Co.                  Dockets Management Staff between 9                    Act prohibits the introduction or
                                                DATES: Electronic or written comments                   a.m. and 4 p.m., Monday through                       delivery for introduction into interstate
                                                on the applications may be submitted                    Friday.                                               commerce of any MRTP unless an order
                                                until June 18, 2018; however, FDA may                      • Confidential Submissions—To                      issued by FDA under section 911(g) of
                                                modify the comment period by                            submit a comment with confidential                    the FD&C Act is effective with respect
                                                providing notice as described in section                information that you do not wish to be                to such product.
                                                I.                                                      made publicly available, submit your                     Section 911(d) of the FD&C Act
                                                ADDRESSES: You may submit comments                      comments only as a written/paper                      describes the information that must be
                                                as follows:                                             submission. You should submit two                     included in an MRTPA, which must be
                                                                                                        copies total. One copy will include the               filed and evaluated by FDA before an
                                                Electronic Submissions                                  information you claim to be confidential              applicant can receive an order from
                                                  Submit electronic comments in the                     with a heading or cover note that states              FDA. FDA is required by section 911(e)
                                                following way:                                          ‘‘THIS DOCUMENT CONTAINS                              of the FD&C Act to make an MRTPA
                                                  • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The                       available to the public (except for
                                                https://www.regulations.gov. Follow the                 Agency will review this copy, including               matters in the application that are trade
                                                instructions for submitting comments.                   the claimed confidential information, in              secrets or otherwise confidential
                                                Comments submitted electronically,                      its consideration of comments. The                    commercial information) and to request
                                                including attachments, to https://                      second copy, which will have the                      comments by interested persons on the
                                                www.regulations.gov will be posted to                   claimed confidential information                      information contained in the
                                                the docket unchanged. Because your                      redacted/blacked out, will be available               application and on the label, labeling,
                                                comment will be made public, you are                    for public viewing and posted on                      and advertising accompanying the
                                                solely responsible for ensuring that your               https://www.regulations.gov. Submit                   application. The determination of
                                                comment does not include any                            both copies to the Dockets Management                 whether an order is appropriate under
                                                confidential information that you or a                  Staff. If you do not wish your name and               section 911(g) of the FD&C Act is based
                                                third party may not wish to be posted,                  contact information to be made publicly               on the scientific information submitted
                                                such as medical information, your or                    available, you can provide this                       by the applicant as well as the scientific
                                                anyone else’s Social Security number, or                information on the cover sheet and not                evidence and other information that is
                                                confidential business information, such                 in the body of your comments and you                  made available to the Agency, including
                                                as a manufacturing process. Please note                 must identify this information as                     through public comments.
                                                that if you include your name, contact                  ‘‘confidential.’’ Any information marked                 Section 911(g) of the FD&C Act
sradovich on DSK3GMQ082PROD with NOTICES




                                                information, or other information that                  as ‘‘confidential’’ will not be disclosed             describes the demonstrations applicants
                                                identifies you in the body of your                      except in accordance with 21 CFR 10.20                must make to obtain an order from FDA
                                                comments, that information will be                      and other applicable disclosure law. For              under either section 911(g)(1) or (2). The
                                                posted on https://www.regulations.gov.                  more information about FDA’s posting                  applicant, R.J. Reynolds Tobacco Co., is
                                                  • If you want to submit a comment                     of comments to public dockets, see 80                 seeking orders under section 911(g)(1)
                                                with confidential information that you                  FR 56469, September 18, 2015, or access               for each of the 6 products that are the
                                                do not wish to be made available to the                 the information at: https://www.gpo.gov/              subject of the submitted MRTPAs. A


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Document Created: 2017-12-19 01:31:12
Document Modified: 2017-12-19 01:31:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability.
DatesSubmit either electronic or written comments on the draft guidance by March 19, 2018 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactAngela Moy, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240- 402-7911.
FR Citation82 FR 60204 

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