83_FR_13501 83 FR 13440 - Medical Gas Regulation; Public Workshop; Request for Comments

83 FR 13440 - Medical Gas Regulation; Public Workshop; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range13440-13442
FR Document2018-06251

The Food and Drug Administration (FDA, the Agency, or we) is announcing an additional public workshop on medical gas regulation entitled ``Medical Gas Regulation: Workshop III.'' FDA has previously held two public workshops entitled ``Medical Gas Regulation: Workshop I'' and ``Medical Gas Regulation: Workshop II.'' The topic to be discussed is potential areas of Federal drug regulation that should be revised with respect to medical gases.

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Proposed Rules]
[Pages 13440-13442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06251]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Chapter I

[Docket No. FDA-2018-N-1214]


Medical Gas Regulation; Public Workshop; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Request for comments; public workshop.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
announcing an additional public workshop on medical gas regulation 
entitled ``Medical Gas Regulation: Workshop III.'' FDA has previously 
held two public workshops entitled ``Medical Gas Regulation: Workshop 
I'' and ``Medical Gas Regulation: Workshop II.'' The topic to be 
discussed is potential areas of Federal drug regulation that should be 
revised with respect to medical gases.

DATES: The public workshop will be held on May 11, 2018, from 9 a.m. to 
5 p.m. Submit either electronic or written comments on this public 
workshop by August 9, 2018. See the SUPPLEMENTARY INFORMATION section 
for registration date and information.

ADDRESSES: The public workshop will be held at FDA's White Oak Campus, 
10903 New Hampshire Ave., Bldg. 31 Conference Center, Rm. 1503 (the 
``Great Room''), Silver Spring, MD 20993-0002. Entrance for public 
workshop participants (non-FDA employees) is through Building 1 where 
routine security check procedures will be performed. For parking and 
security information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm. The workshop is free and seating will be on a first-
come, first-served basis. Attendees who do not wish to make an oral 
presentation do not need to register.
    You may submit comments as follows. Please note that late, untimely 
filed comments may not be considered. For timely consideration, we 
request that electronic comments on workshop topics be submitted before 
or within 90 days after each workshop (i.e., comments submitted by or 
before March 15, 2018, for Workshop I; May 10, 2018, for Workshop II; 
and August 9, 2018, for Workshop III). FDA has one shared docket for 
all workshops. However, with this notice, the docket number will change 
from FDA-2017-N-0001 to FDA-2018-N-1214. All comments submitted on the 
previous docket number will be transferred to the new docket number. 
The https://www.regulations.gov electronic filing system will accept 
comments until midnight Eastern Time at the end of August 9, 2018. 
Comments received by mail/hand delivery/courier (for written/paper 
submissions) will be considered timely if they are postmarked or the 
delivery service acceptance receipt is on or before the relevant date.

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

[[Page 13441]]

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-2018-N-1214 for ``Medical Gas Regulation.'' Received comments, 
those filed in a timely manner (see ADDRESSES), 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.

FOR FURTHER INFORMATION CONTACT: Christine Kirk, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-2465, Fax: 301-
847-8440, email: MedgasPublicWorkshops@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 5, 2017, President Trump signed the Consolidated 
Appropriations Act of 2017 (Pub. L. 115-31). Section 756 of the 
Consolidated Appropriations Act requires FDA to issue final regulations 
revising Federal drug regulations with respect to medical gases. These 
public workshops are being held as part of FDA's implementation of the 
requirements of section 756.
    Since the enactment of the Food and Drug Administration Safety and 
Innovation Act (FDASIA) (Pub. L. 112-144), FDA has engaged in multiple 
activities related to medical gases, including rulemaking. For example, 
in 2016, FDA issued the final rule ``Medical Gas Containers and 
Closures: Current Good Manufacturing Practice Requirements'' (81 FR 
81685; November 18, 2016). Other activities include FDA's June 2017 
revised draft guidance for industry on current good manufacturing 
practice for medical gases,\1\ updated guidance for FDA inspectors 
regarding medical gases (March 2015),\2\ an extensive review of Federal 
drug regulations related to medical gases from 2012 to 2014 (a report 
on the review was submitted to Congress in 2015),\3\ and implementation 
of FDASIA's requirements regarding certification of medical gases (to 
date, over 70 certifications have been granted).
---------------------------------------------------------------------------

    \1\ Available at: https://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/ucm070270.pdf.
    \2\ Available at: https://www.fda.gov/downloads/ICECI/ComplianceManuals/ComplianceProgramManual/UCM125417.pdf.
    \3\ Available at: https://www.fda.gov/downloads/regulatoryinformation/lawsenforcedbyfda/significantamendmentstothefdcact/fdasia/ucm453727.pdf.
---------------------------------------------------------------------------

    FDA intends to engage in additional rulemaking in this area in 
accordance with section 756 of the Consolidated Appropriations Act of 
2017. To conduct rulemaking as efficiently as possible, FDA intends to 
build on the information and stakeholder input received since FDASIA's 
enactment. As noted in more detail below, FDA invites comments from 
stakeholders on specific medical gas issues that could or should be 
addressed in regulation.

II. Topics for Discussion at the Public Workshops

    We are holding these workshops to provide an opportunity for 
medical gas manufacturers and any other interested members of the 
public to provide input on potential areas of Federal drug regulation 
that should be revised with respect to medical gases.
    We are asking stakeholders to comment on existing medical gas 
issues that, in their view, should be addressed by regulation change 
(rather than through other means, such as revisions to guidance or 
inspection practices). Commenters should include concrete and specific 
reasons that rulemaking is preferable to other options. Commenters' 
views regarding the prioritization of particular rulemaking proposals 
would also be helpful. As noted above, the https://www.regulations.gov 
electronic filing system will accept comments until midnight Eastern 
Time at the end of August 9, 2018. Late comments may not be considered.
    During Workshop I (December 2017), FDA and workshop participants 
discussed the anticipated scope of the medical gas rulemaking, as well 
as three regulations to which stakeholders have previously requested 
changes: Part 201 (21 CFR part 201) (labeling generally and labeling 
for medical air specifically), part 207 (21 CFR part 207) (registration 
and listing), and parts 210 and 211 (21 CFR parts 210 and 211) (current 
good manufacturing practice). A stakeholder presentation addressed 
parts 201, 210, and 211, among other things, including initial 
stakeholder views on the possibility of having one or more separate CFR 
sections for designated medical gases. FDA also heard comments on 
additional regulations and medical gas issues as time allowed.
    During Workshop II (February 2018), FDA and workshop participants 
discussed parts 310, 314, and 514 (21 CFR parts 310, 314, and 514) 
(postmarket reporting of adverse drug experiences, including adverse 
reactions and medication errors) and the intersection of regulations 
for medical gases and regulations for medical devices and animal drugs. 
A stakeholder

[[Page 13442]]

presentation also addressed, among other things, followup information 
related to Workshop I topics, including part 207 (registration and 
listing) and parts 210 and 211 (current good manufacturing practice), 
including the possibility of one or more separate CFR sections for 
designated medical gases, as well as additional topics including the 
certification process for designated medical gases and issues related 
to the filling of oxygen containers by emergency medical service (EMS) 
providers and health care facilities. FDA also heard comments on 
additional regulations and medical gas issues as time allowed.
    The Agency has determined that we will hold a third workshop to 
hear additional comments from stakeholders regarding the issues 
discussed at Workshops I and II, as well as any additional topics 
related to medical gas regulation that stakeholders may wish to 
discuss, as time allows. This workshop is primarily intended to build 
on the discussion from the previous workshops, as well as written 
comments submitted to the docket.
    During Workshop III (May 11, 2018), FDA intends to provide 
designated panel time for followup discussion of several topics raised 
at previous workshops, and for an open panel to discuss any additional 
issues related to medical gas regulation that are of interest to FDA or 
other workshop participants. The topics for designated panel time 
include further consideration of potential changes to: Part 201 
(labeling); parts 210 and 211 (current good manufacturing practice); 
part 207 (registration and listing); and parts 310, 314, and 514 
(postmarket reporting of adverse drug experiences, including adverse 
reactions and medication errors); including the possibility of one or 
more separate CFR sections for designated medical gases. Potential 
topics for open panel time include, but are not limited to: The 
certification process for designated medical gases; issues related to 
the filling of oxygen containers by EMS providers and health care 
facilities; or other topics of interest to stakeholders.

III. Participating in the Public Workshop

    Registration and Requests for Oral Presentations: If you wish to a 
make an oral presentation, you must register by submitting your name, 
title, firm name, address, telephone, email address, and Fax number to 
MedgasPublicWorkshops@fda.hhs.gov (see FOR FURTHER INFORMATION CONTACT) 
by May 4, 2018, for Workshop III. Please also indicate the type of 
organization you represent (e.g., industry, consumer organization) and 
a brief summary of your remarks (including the discussion topic(s) that 
you would like to address).
    FDA will try to accommodate all persons who wish to make a 
presentation; however, the duration of each speaker's presentation may 
be limited by time constraints. FDA will notify registered presenters 
of their scheduled presentation times. Persons registered to speak 
should check in before the workshop and are encouraged to arrive early 
to ensure their designated order of presentation. Participants who are 
not present when called may not be permitted to speak at a later time. 
An agenda will be made available at least 3 days before the workshop at 
https://www.fda.gov/Drugs/NewsEvents/ucm582091.htm. FDA may also post 
specific questions for consideration at the meeting web page; these 
will be made available at least 3 days before the workshop at https://www.fda.gov/Drugs/NewsEvents/ucm582091.htm.
    Streaming Webcast of the Public Workshops: This public workshop 
will be webcast; the URL will be posted at https://www.fda.gov/Drugs/NewsEvents/ucm582091.htm at least 1 day before the workshop. A video 
record of the public workshops will be available at the same website 
address for 1 year. If you need special accommodations because of a 
disability, please contact MedgasPublicWorkshops@fda.hhs.gov (or see 
FOR FURTHER INFORMATION CONTACT) at least 7 days in advance of the 
workshop.

    Dated: March 21, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-06251 Filed 3-28-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                 13440                       Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

                                                 entities under the criteria of the                         Paragraph 6005 Class E Airspace Areas                 Room’’), Silver Spring, MD 20993–0002.
                                                 Regulatory Flexibility Act.                                Extending Upward From 700 Feet or More                Entrance for public workshop
                                                                                                            Above the Surface of the Earth.                       participants (non-FDA employees) is
                                                 Environmental Review                                       *      *      *      *       *                        through Building 1 where routine
                                                    This proposal will be subject to an                     ACE NE E5 Columbus, NE [Amended]                      security check procedures will be
                                                 environmental analysis in accordance                                                                             performed. For parking and security
                                                                                                            Columbus Municipal Airport, NE
                                                 with FAA Order 1050.1F,                                                                                          information, please refer to https://
                                                                                                               (Lat. 41°26′55″ N, long. 97°20′34″ W)
                                                 ‘‘Environmental Impacts: Policies and                      Columbus VOR/DME                                      www.fda.gov/AboutFDA/
                                                 Procedures’’ prior to any FAA final                           (Lat. 41°27′00″ N, long. 97°20′27″ W)              WorkingatFDA/BuildingsandFacilities/
                                                 regulatory action.                                         That airspace extending upward from 700               WhiteOakCampusInformation/
                                                                                                            feet above the surface within a 6.7-mile              ucm241740.htm. The workshop is free
                                                 List of Subjects in 14 CFR Part 71                                                                               and seating will be on a first-come, first-
                                                                                                            radius of Columbus Municipal Airport and
                                                  Airspace, Incorporation by reference,                     within 2.4 miles each side of the Columbus            served basis. Attendees who do not
                                                 Navigation (air).                                          VOR/DME 150° radial extending from the                wish to make an oral presentation do
                                                                                                            6.7-mile radius to 7.0 miles southeast of the         not need to register.
                                                 The Proposed Amendment                                     airport and within 2.4 miles each side of the            You may submit comments as
                                                                                                            Columbus VOR/DME 309°radial extending                 follows. Please note that late, untimely
                                                   Accordingly, pursuant to the                             from the 6.7-mile radius to 7.7 miles                 filed comments may not be considered.
                                                 authority delegated to me, the Federal                     northwest of the airport.                             For timely consideration, we request
                                                 Aviation Administration proposes to                          Issued in Fort Worth, Texas, on March 21,           that electronic comments on workshop
                                                 amend 14 CFR part 71 as follows:                           2018.                                                 topics be submitted before or within 90
                                                                                                            Christopher L. Southerland,                           days after each workshop (i.e.,
                                                 PART 71—DESIGNATION OF CLASS A,
                                                                                                            Acting Manager, Operations Support Group,             comments submitted by or before March
                                                 B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                            ATO Central Service Center.                           15, 2018, for Workshop I; May 10, 2018,
                                                 TRAFFIC SERVICE ROUTES; AND
                                                                                                            [FR Doc. 2018–06246 Filed 3–28–18; 8:45 am]           for Workshop II; and August 9, 2018, for
                                                 REPORTING POINTS
                                                                                                            BILLING CODE 4910–13–P                                Workshop III). FDA has one shared
                                                                                                                                                                  docket for all workshops. However, with
                                                 ■ 1. The authority citation for 14 CFR                                                                           this notice, the docket number will
                                                 part 71 continues to read as follows:                                                                            change from FDA–2017–N–0001 to
                                                   Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                            DEPARTMENT OF HEALTH AND
                                                                                                                                                                  FDA–2018–N–1214. All comments
                                                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               HUMAN SERVICES
                                                                                                                                                                  submitted on the previous docket
                                                 1959–1963 Comp., p. 389.                                                                                         number will be transferred to the new
                                                                                                            Food and Drug Administration
                                                 § 71.1       [Amended]                                                                                           docket number. The https://
                                                                                                            21 CFR Chapter I                                      www.regulations.gov electronic filing
                                                 ■ 2. The incorporation by reference in                                                                           system will accept comments until
                                                 14 CFR 71.1 of FAA Order 7400.11B,                         [Docket No. FDA–2018–N–1214]                          midnight Eastern Time at the end of
                                                 Airspace Designations and Reporting                                                                              August 9, 2018. Comments received by
                                                 Points, dated August 3, 2017, and                          Medical Gas Regulation; Public                        mail/hand delivery/courier (for written/
                                                 effective September 15, 2017, is                           Workshop; Request for Comments                        paper submissions) will be considered
                                                 amended as follows:                                                                                              timely if they are postmarked or the
                                                                                                            AGENCY:    Food and Drug Administration,
                                                                                                            HHS.                                                  delivery service acceptance receipt is on
                                                                                                                                                                  or before the relevant date.
                                                 Paragraph 6002 Class E Airspace Areas                      ACTION:Request for comments; public
                                                 Designated as Surface Areas.                               workshop.                                             Electronic Submissions
                                                 *        *      *       *      *                                                                                   Submit electronic comments in the
                                                                                                            SUMMARY:   The Food and Drug
                                                 ACE NE E2 Columbus, NE [Amended]                           Administration (FDA, the Agency, or                   following way:
                                                                                                                                                                    • Federal eRulemaking Portal:
                                                 Columbus Municipal Airport, NE                             we) is announcing an additional public
                                                                                                                                                                  https://www.regulations.gov. Follow the
                                                   (Lat. 41°26′55″ N, long. 97°20′34″ W)                    workshop on medical gas regulation
                                                                                                                                                                  instructions for submitting comments.
                                                 Within a 4.7 mile radius of Columbus                       entitled ‘‘Medical Gas Regulation:
                                                                                                                                                                  Comments submitted electronically,
                                                 Municipal Airport.                                         Workshop III.’’ FDA has previously held
                                                   Paragraph 6004. Class E Airspace Areas
                                                                                                                                                                  including attachments, to https://
                                                                                                            two public workshops entitled ‘‘Medical
                                                 Designated as an Extension to a Class D or                                                                       www.regulations.gov will be posted to
                                                                                                            Gas Regulation: Workshop I’’ and
                                                 Class E Surface Area.                                                                                            the docket unchanged. Because your
                                                                                                            ‘‘Medical Gas Regulation: Workshop II.’’
                                                 *        *      *       *      *                                                                                 comment will be made public, you are
                                                                                                            The topic to be discussed is potential
                                                                                                                                                                  solely responsible for ensuring that your
                                                 ACE MO E4 Columbus, NE [New]                               areas of Federal drug regulation that
                                                                                                                                                                  comment does not include any
                                                                                                            should be revised with respect to
                                                 Columbus Municipal Airport, NE                                                                                   confidential information that you or a
                                                    (Lat. 41°26′55″ N, long. 97°20′34″ W)
                                                                                                            medical gases.
                                                                                                                                                                  third party may not wish to be posted,
                                                 Columbus VOR/DME                                           DATES: The public workshop will be                    such as medical information, your or
                                                    (Lat. 41°27′00″ N, long. 97°20′27″ W)                   held on May 11, 2018, from 9 a.m. to 5                anyone else’s Social Security number, or
                                                 That airspace extending upward from the                    p.m. Submit either electronic or written              confidential business information, such
rmajette on DSKBCKNHB2PROD with PROPOSALS




                                                 surface within 2.4 miles each side of the                  comments on this public workshop by                   as a manufacturing process. Please note
                                                 Columbus VOR/DME 150° radial extending                     August 9, 2018. See the SUPPLEMENTARY                 that if you include your name, contact
                                                 from the 4.2-mile radius of Columbus                       INFORMATION section for registration date
                                                 Municipal Airport to 7.0 miles southeast of
                                                                                                                                                                  information, or other information that
                                                                                                            and information.                                      identifies you in the body of your
                                                 the airport, and within 2.4 miles each side of
                                                 the Columbus VOR/DME 309° radial                           ADDRESSES: The public workshop will                   comments, that information will be
                                                 extending from the 4.2-mile radius of                      be held at FDA’s White Oak Campus,                    posted on https://www.regulations.gov.
                                                 Columbus Municipal Airport to 7.7 miles                    10903 New Hampshire Ave., Bldg. 31                      • If you want to submit a comment
                                                 northwest of the airport.                                  Conference Center, Rm. 1503 (the ‘‘Great              with confidential information that you


                                            VerDate Sep<11>2014      15:13 Mar 28, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\29MRP1.SGM   29MRP1


                                                                        Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules                                          13441

                                                 do not wish to be made available to the                    Docket: For access to the docket to                with section 756 of the Consolidated
                                                 public, submit the comment as a                         read background documents or the                      Appropriations Act of 2017. To conduct
                                                 written/paper submission and in the                     electronic and written/paper comments                 rulemaking as efficiently as possible,
                                                 manner detailed (see ‘‘Written/Paper                    received, go to https://                              FDA intends to build on the information
                                                 Submissions’’ and ‘‘Instructions’’).                    www.regulations.gov and insert the                    and stakeholder input received since
                                                                                                         docket number, found in brackets in the               FDASIA’s enactment. As noted in more
                                                 Written/Paper Submissions
                                                                                                         heading of this document, into the                    detail below, FDA invites comments
                                                    Submit written/paper submissions as                  ‘‘Search’’ box and follow the prompts                 from stakeholders on specific medical
                                                 follows:                                                and/or go to the Dockets Management                   gas issues that could or should be
                                                    • Mail/Hand delivery/Courier (for                    Staff, 5630 Fishers Lane, Rm. 1061,                   addressed in regulation.
                                                 written/paper submissions): Dockets                     Rockville, MD 20852.
                                                 Management Staff (HFA–305), Food and                                                                          II. Topics for Discussion at the Public
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      Workshops
                                                 Drug Administration, 5630 Fishers
                                                                                                         Christine Kirk, Center for Drug
                                                 Lane, Rm. 1061, Rockville, MD 20852.                                                                             We are holding these workshops to
                                                                                                         Evaluation and Research, Food and
                                                    • For written/paper comments                                                                               provide an opportunity for medical gas
                                                 submitted to the Dockets Management                     Drug Administration, 10903 New
                                                                                                         Hampshire Ave., Silver Spring, MD                     manufacturers and any other interested
                                                 Staff, FDA will post your comment, as                                                                         members of the public to provide input
                                                 well as any attachments, except for                     20993–0002, 301–796–2465, Fax: 301–
                                                                                                         847–8440, email:                                      on potential areas of Federal drug
                                                 information submitted, marked and                                                                             regulation that should be revised with
                                                 identified, as confidential, if submitted               MedgasPublicWorkshops@fda.hhs.gov.
                                                                                                                                                               respect to medical gases.
                                                 as detailed in ‘‘Instructions.’’                        SUPPLEMENTARY INFORMATION:                               We are asking stakeholders to
                                                    Instructions: All submissions received               I. Background                                         comment on existing medical gas issues
                                                 must include the Docket No. FDA–                                                                              that, in their view, should be addressed
                                                 2018–N–1214 for ‘‘Medical Gas                              On May 5, 2017, President Trump
                                                                                                                                                               by regulation change (rather than
                                                 Regulation.’’ Received comments, those                  signed the Consolidated Appropriations
                                                                                                                                                               through other means, such as revisions
                                                 filed in a timely manner (see                           Act of 2017 (Pub. L. 115–31). Section
                                                                                                                                                               to guidance or inspection practices).
                                                 ADDRESSES), will be placed in the docket                756 of the Consolidated Appropriations
                                                                                                                                                               Commenters should include concrete
                                                 and, except for those submitted as                      Act requires FDA to issue final
                                                                                                                                                               and specific reasons that rulemaking is
                                                 ‘‘Confidential Submissions,’’ publicly                  regulations revising Federal drug
                                                                                                                                                               preferable to other options.
                                                 viewable at https://www.regulations.gov                 regulations with respect to medical
                                                                                                                                                               Commenters’ views regarding the
                                                 or at the Dockets Management Staff                      gases. These public workshops are being               prioritization of particular rulemaking
                                                 between 9 a.m. and 4 p.m., Monday                       held as part of FDA’s implementation of               proposals would also be helpful. As
                                                 through Friday.                                         the requirements of section 756.                      noted above, the https://
                                                    • Confidential Submissions—To                           Since the enactment of the Food and
                                                                                                                                                               www.regulations.gov electronic filing
                                                 submit a comment with confidential                      Drug Administration Safety and
                                                                                                                                                               system will accept comments until
                                                 information that you do not wish to be                  Innovation Act (FDASIA) (Pub. L. 112–
                                                                                                                                                               midnight Eastern Time at the end of
                                                 made publicly available, submit your                    144), FDA has engaged in multiple
                                                                                                                                                               August 9, 2018. Late comments may not
                                                 comments only as a written/paper                        activities related to medical gases,
                                                                                                                                                               be considered.
                                                 submission. You should submit two                       including rulemaking. For example, in                    During Workshop I (December 2017),
                                                 copies total. One copy will include the                 2016, FDA issued the final rule                       FDA and workshop participants
                                                 information you claim to be confidential                ‘‘Medical Gas Containers and Closures:                discussed the anticipated scope of the
                                                 with a heading or cover note that states                Current Good Manufacturing Practice                   medical gas rulemaking, as well as three
                                                 ‘‘THIS DOCUMENT CONTAINS                                Requirements’’ (81 FR 81685; November                 regulations to which stakeholders have
                                                 CONFIDENTIAL INFORMATION.’’ The                         18, 2016). Other activities include                   previously requested changes: Part 201
                                                 Agency will review this copy, including                 FDA’s June 2017 revised draft guidance                (21 CFR part 201) (labeling generally
                                                 the claimed confidential information, in                for industry on current good                          and labeling for medical air
                                                 its consideration of comments. The                      manufacturing practice for medical                    specifically), part 207 (21 CFR part 207)
                                                 second copy, which will have the                        gases,1 updated guidance for FDA                      (registration and listing), and parts 210
                                                 claimed confidential information                        inspectors regarding medical gases                    and 211 (21 CFR parts 210 and 211)
                                                 redacted/blacked out, will be available                 (March 2015),2 an extensive review of                 (current good manufacturing practice).
                                                 for public viewing and posted on                        Federal drug regulations related to                   A stakeholder presentation addressed
                                                 https://www.regulations.gov. Submit                     medical gases from 2012 to 2014 (a                    parts 201, 210, and 211, among other
                                                 both copies to the Dockets Management                   report on the review was submitted to                 things, including initial stakeholder
                                                 Staff. If you do not wish your name and                 Congress in 2015),3 and implementation                views on the possibility of having one
                                                 contact information to be made publicly                 of FDASIA’s requirements regarding                    or more separate CFR sections for
                                                 available, you can provide this                         certification of medical gases (to date,              designated medical gases. FDA also
                                                 information on the cover sheet and not                  over 70 certifications have been                      heard comments on additional
                                                 in the body of your comments and you                    granted).                                             regulations and medical gas issues as
                                                 must identify this information as                          FDA intends to engage in additional                time allowed.
                                                 ‘‘confidential.’’ Any information marked                rulemaking in this area in accordance                    During Workshop II (February 2018),
                                                 as ‘‘confidential’’ will not be disclosed                                                                     FDA and workshop participants
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                                                                                                           1 Available at: https://www.fda.gov/downloads/
                                                 except in accordance with 21 CFR 10.20                  Drugs/GuidanceComplianceRegulatoryInformation/
                                                                                                                                                               discussed parts 310, 314, and 514 (21
                                                 and other applicable disclosure law. For                Guidances/ucm070270.pdf.                              CFR parts 310, 314, and 514)
                                                 more information about FDA’s posting                      2 Available at: https://www.fda.gov/downloads/      (postmarket reporting of adverse drug
                                                 of comments to public dockets, see 80                   ICECI/ComplianceManuals/                              experiences, including adverse reactions
                                                 FR 56469, September 18, 2015, or access                 ComplianceProgramManual/UCM125417.pdf.                and medication errors) and the
                                                                                                           3 Available at: https://www.fda.gov/downloads/
                                                 the information at: https://www.gpo.gov/                regulatoryinformation/lawsenforcedbyfda/
                                                                                                                                                               intersection of regulations for medical
                                                 fdsys/pkg/FR-2015-09-18/pdf/2015-                       significantamendmentstothefdcact/fdasia/              gases and regulations for medical
                                                 23389.pdf.                                              ucm453727.pdf.                                        devices and animal drugs. A stakeholder


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                                                 13442                  Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

                                                 presentation also addressed, among                      you represent (e.g., industry, consumer               that ‘‘bump fire’’ stocks, slide-fire
                                                 other things, followup information                      organization) and a brief summary of                  devices, and devices with certain
                                                 related to Workshop I topics, including                 your remarks (including the discussion                similar characteristics (bump-stock-type
                                                 part 207 (registration and listing) and                 topic(s) that you would like to address).             devices) are ‘‘machineguns’’ as defined
                                                 parts 210 and 211 (current good                           FDA will try to accommodate all                     by the National Firearms Act of 1934
                                                 manufacturing practice), including the                  persons who wish to make a                            (NFA) and the Gun Control Act of 1968
                                                 possibility of one or more separate CFR                 presentation; however, the duration of                (GCA), because such devices allow a
                                                 sections for designated medical gases, as               each speaker’s presentation may be                    shooter of a semiautomatic firearm to
                                                 well as additional topics including the                 limited by time constraints. FDA will                 initiate a continuous firing cycle with a
                                                 certification process for designated                    notify registered presenters of their                 single pull of the trigger. Specifically,
                                                 medical gases and issues related to the                 scheduled presentation times. Persons                 these devices convert an otherwise
                                                 filling of oxygen containers by                         registered to speak should check in                   semiautomatic firearm into a
                                                 emergency medical service (EMS)                         before the workshop and are encouraged                machinegun by functioning as a self-
                                                 providers and health care facilities. FDA               to arrive early to ensure their designated            acting or self-regulating mechanism that
                                                 also heard comments on additional                       order of presentation. Participants who               harnesses the recoil energy of the
                                                 regulations and medical gas issues as                   are not present when called may not be                semiautomatic firearm in a manner that
                                                 time allowed.                                           permitted to speak at a later time. An                allows the trigger to reset and continue
                                                    The Agency has determined that we                    agenda will be made available at least 3              firing without additional physical
                                                 will hold a third workshop to hear                      days before the workshop at https://                  manipulation of the trigger by the
                                                 additional comments from stakeholders                   www.fda.gov/Drugs/NewsEvents/                         shooter. Hence, a semiautomatic firearm
                                                 regarding the issues discussed at                       ucm582091.htm. FDA may also post                      to which a bump-stock-type device is
                                                 Workshops I and II, as well as any                      specific questions for consideration at               attached is able to produce automatic
                                                 additional topics related to medical gas                the meeting web page; these will be                   fire with a single pull of the trigger.
                                                 regulation that stakeholders may wish to                made available at least 3 days before the             With limited exceptions, primarily as to
                                                 discuss, as time allows. This workshop                  workshop at https://www.fda.gov/                      government agencies, the GCA makes it
                                                 is primarily intended to build on the                   Drugs/NewsEvents/ucm582091.htm.                       unlawful for any person to transfer or
                                                 discussion from the previous                              Streaming Webcast of the Public                     possess a machinegun unless it was
                                                 workshops, as well as written comments                  Workshops: This public workshop will                  lawfully possessed prior to the effective
                                                 submitted to the docket.                                be webcast; the URL will be posted at                 date of the statute. The bump-stock-type
                                                    During Workshop III (May 11, 2018),                  https://www.fda.gov/Drugs/NewsEvents/                 devices covered by this proposed rule
                                                 FDA intends to provide designated                       ucm582091.htm at least 1 day before the               were not in existence prior to the GCA’s
                                                 panel time for followup discussion of                   workshop. A video record of the public                effective date, and therefore would fall
                                                 several topics raised at previous                       workshops will be available at the same               within the prohibition on machineguns
                                                 workshops, and for an open panel to                     website address for 1 year. If you need               if this Notice of Proposed Rulemaking
                                                 discuss any additional issues related to                special accommodations because of a                   (NPRM) is implemented. Consequently,
                                                 medical gas regulation that are of                      disability, please contact                            current possessors of these devices
                                                 interest to FDA or other workshop                       MedgasPublicWorkshops@fda.hhs.gov                     would be required to surrender them,
                                                 participants. The topics for designated                 (or see FOR FURTHER INFORMATION                       destroy them, or otherwise render them
                                                 panel time include further consideration                CONTACT) at least 7 days in advance of                permanently inoperable upon the
                                                 of potential changes to: Part 201                       the workshop.                                         effective date of the final rule.
                                                 (labeling); parts 210 and 211 (current
                                                 good manufacturing practice); part 207                    Dated: March 21, 2018.                              DATES: Written comments must be
                                                 (registration and listing); and parts 310,              Leslie Kux,                                           postmarked and electronic comments
                                                 314, and 514 (postmarket reporting of                   Associate Commissioner for Policy.                    must be submitted on or before June 27,
                                                 adverse drug experiences, including                     [FR Doc. 2018–06251 Filed 3–28–18; 8:45 am]           2018. Commenters should be aware that
                                                 adverse reactions and medication                        BILLING CODE 4164–01–P
                                                                                                                                                               the electronic Federal Docket
                                                 errors); including the possibility of one                                                                     Management System will not accept
                                                 or more separate CFR sections for                                                                             comments after midnight Eastern
                                                 designated medical gases. Potential                     DEPARTMENT OF JUSTICE                                 Daylight Time on the last day of the
                                                 topics for open panel time include, but                                                                       comment period.
                                                 are not limited to: The certification                   Bureau of Alcohol, Tobacco, Firearms,                 ADDRESSES: You may submit comments,
                                                 process for designated medical gases;                   and Explosives                                        identified by docket number ATF
                                                 issues related to the filling of oxygen                                                                       2017R–22, by any of the following
                                                 containers by EMS providers and health                  27 CFR Parts 447, 478, and 479                        methods:
                                                 care facilities; or other topics of interest                                                                     • Federal eRulemaking Portal: http://
                                                                                                         [Docket No. 2017R–22; AG Order No. 4132–
                                                 to stakeholders.                                        2018]                                                 www.regulations.gov. Follow the
                                                                                                                                                               directions for submitting comments.
                                                 III. Participating in the Public                        RIN 1140–AA52                                            • Fax: (202) 648–9741.
                                                 Workshop                                                                                                         • Mail: Vivian Chu, Mailstop 6N–518,
                                                    Registration and Requests for Oral                   Bump-Stock-Type Devices                               Office of Regulatory Affairs,
                                                 Presentations: If you wish to a make an                 AGENCY: Bureau of Alcohol, Tobacco,                   Enforcement Programs and Services,
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                                                 oral presentation, you must register by                 Firearms, and Explosives (ATF),                       Bureau of Alcohol, Tobacco, Firearms,
                                                 submitting your name, title, firm name,                 Department of Justice.                                and Explosives, 99 New York Ave. NE,
                                                 address, telephone, email address, and                  ACTION: Notice of proposed rulemaking.                Washington DC 20226. ATTN: 2017R–
                                                 Fax number to                                                                                                 22.
                                                 MedgasPublicWorkshops@fda.hhs.gov                       SUMMARY:  The Department of Justice                      Instructions: All submissions received
                                                 (see FOR FURTHER INFORMATION CONTACT)                   (Department) proposes to amend the                    must include the agency name and
                                                 by May 4, 2018, for Workshop III. Please                Bureau of Alcohol, Tobacco, Firearms,                 docket number for this notice of
                                                 also indicate the type of organization                  and Explosives regulations to clarify                 proposed rulemaking. All properly


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Document Created: 2018-03-29 00:25:27
Document Modified: 2018-03-29 00:25:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments; public workshop.
DatesThe public workshop will be held on May 11, 2018, from 9 a.m. to 5 p.m. Submit either electronic or written comments on this public workshop by August 9, 2018. See the SUPPLEMENTARY INFORMATION section for registration date and information.
ContactChristine Kirk, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-2465, Fax: 301- 847-8440, email: [email protected]
FR Citation83 FR 13440 

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