83_FR_48627 83 FR 48441 - Agency Information Collection Activities; Proposed Collection; Comment Request; Public Health Service Guideline on Infectious Disease Issues in Xenotransplantation

83 FR 48441 - Agency Information Collection Activities; Proposed Collection; Comment Request; Public Health Service Guideline on Infectious Disease Issues in Xenotransplantation

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48441-48445
FR Document2018-20764

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to this notice. This notice solicits comments on the collection of information contained in the Public Health Service (PHS) guideline entitled ``PHS Guideline on Infectious Disease Issues in Xenotransplantation'' dated January 19, 2001.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48441-48445]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20764]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0559]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Public Health Service Guideline on Infectious Disease 
Issues in Xenotransplantation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(PRA), Federal Agencies are required to publish notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, and 
to allow 60 days for public comment in response to this notice. This 
notice solicits comments on the collection of information contained in 
the Public Health Service (PHS) guideline entitled ``PHS Guideline on 
Infectious Disease Issues in Xenotransplantation'' dated January 19, 
2001.

DATES: Submit either electronic or written comments on the collection 
of information by November 26, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before November 26, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of November 26, 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 that 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 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-2012-N-0559 for ``PHS Guideline on Infectious Disease Issues in 
Xenotransplantation.'' 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.

[[Page 48442]]


FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

PHS Guideline on Infectious Disease Issues in Xenotransplantation

OMB Control Number 0910-0456--Extension

    The statutory authority to collect this information is provided 
under sections 351 and 361 of the PHS Act (42 U.S.C. 262 and 264) and 
the provisions of the Federal Food, Drug, and Cosmetic Act that apply 
to drugs (21 U.S.C. 321 et seq.). The PHS guideline recommends 
procedures to diminish the risk of transmission of infectious agents to 
the xenotransplantation product recipient and to the general public. 
The PHS guideline is intended to address public health issues raised by 
xenotransplantation, through identification of general principles of 
prevention and control of infectious diseases associated with 
xenotransplantation that may pose a hazard to the public health. The 
collection of information described in this guideline is intended to 
provide general guidance on the following topics: (1) The development 
of xenotransplantation clinical protocols; (2) the preparation of 
submissions to FDA; and (3) the conduct of xenotransplantation clinical 
trials. Also, the collection of information will help ensure that the 
sponsor maintains important information in a cross-referenced system 
that links the relevant records of the xenotransplantation product 
recipient, xenotransplantation product, source animal(s), animal 
procurement center, and significant nosocomial exposures. The PHS 
guideline describes an occupational health service program for the 
protection of health care workers involved in xenotransplantation 
procedures, caring for xenotransplantation product recipients, and 
performing associated laboratory testing. The PHS guideline is intended 
to protect the public health and to help ensure the safety of using 
xenotransplantation products in humans by preventing the introduction, 
transmission, and spread of infectious diseases associated with 
xenotransplantation.
    The PHS guideline also recommends that certain specimens and 
records be maintained for 50 years beyond the date of the 
xenotransplantation. These include: (1) Records linking each 
xenotransplantation product recipient with relevant health records of 
the source animal, herd or colony, and the specific organ, tissue, or 
cell type included in or used in the manufacture of the product 
(3.2.7.1); (2) aliquots of serum samples from randomly selected animal 
and specific disease investigations (3.4.3.1); (3) source animal 
biological specimens designated for PHS use (3.7.1); animal health 
records (3.7.2), including necropsy results (3.6.4); and (4) 
recipients' biological specimens (4.1.2). The retention period is 
intended to assist health care practitioners and officials in 
surveillance and in tracking the source of an infection, disease, or 
illness that might emerge in the recipient, the source animal, or the 
animal herd or colony after a xenotransplantation.
    The recommendation for maintaining records for 50 years is based on 
clinical experience with several human viruses that have presented 
problems in human to human transplantation and are therefore thought to 
share certain characteristics with viruses that may pose potential 
risks in xenotransplantation. These characteristics include long 
latency periods and the ability to establish persistent infections. 
Several also share the possibility of transmission among individuals 
through intimate contact with human body fluids. Human immunodeficiency 
virus (HIV) and Human T-lymphotropic virus are human retroviruses. 
Retroviruses contain ribonucleic acid that is reverse-transcribed into 
deoxyribonucleic acid (DNA) using an enzyme provided by the virus and 
the human cell machinery. That viral DNA can then be integrated into 
the human cellular DNA. Both viruses establish persistent infections 
and have long latency periods before the onset of disease, 10 years and 
40 to 60 years, respectively. The human hepatitis viruses are not 
retroviruses, but several share with HIV the characteristic that they 
can be transmitted through body fluids, can establish persistent 
infections, and have long latency periods, e.g., approximately 30 years 
for Hepatitis C.
    In addition, the PHS guideline recommends that a record system be 
developed that allows easy, accurate, and rapid linkage of information 
among the specimen archive, the recipient's medical records, and the 
records of the source animal for 50 years. The development of such a 
record system is a one-time burden. Such a system is intended to cross-
reference and locate relevant records of recipients, products, source 
animals, animal procurement centers, and significant nosocomial 
exposures.
    Respondents to this collection of information are the sponsors of 
clinical studies of investigational xenotransplantation products under 
investigational new drug applications (INDs) and xenotransplantation 
product procurement centers, referred to as source animal facilities. 
There are an estimated three respondents who are sponsors of INDs that 
include protocols for xenotransplantation in humans and five clinical 
centers doing xenotransplantation procedures. Other respondents for 
this collection of information are an estimated four source animal 
facilities which provide source xenotransplantation product material to 
sponsors for use in human xenotransplantation procedures. These four 
source animal facilities keep medical records of the herds/colonies as 
well as the medical records of the individual source animal(s). The 
burden estimates are based on FDA's records of

[[Page 48443]]

xenotransplantation-related INDs and estimates of time required to 
complete the various reporting, recordkeeping, and third-party 
disclosure tasks described in the PHS guideline.
    FDA is requesting an extension of OMB approval for the following 
reporting, recordkeeping, and third-party disclosure recommendations in 
the PHS guideline:

                   Table 1--Reporting Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
3.2.7.2..................  Notify sponsor or FDA of new archive site
                            when the source animal facility or sponsor
                            ceases operations.
------------------------------------------------------------------------


                 Table 2--Recordkeeping Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
3.2.7....................  Establish records linking each
                            xenotransplantation product recipient with
                            relevant records.
4.3......................  Sponsor to maintain cross-referenced system
                            that links all relevant records (recipient,
                            product, source animal, animal procurement
                            center, and nosocomial exposures).
3.4.2....................  Document results of monitoring program used
                            to detect introduction of infectious agents
                            which may not be apparent clinically.
3.4.3.2..................  Document full necropsy investigations
                            including evaluation for infectious
                            etiologies.
3.5.1....................  Justify shortening a source animal's
                            quarantine period of 3 weeks prior to
                            xenotransplantation product procurement.
3.5.2....................  Document absence of infectious agent in
                            xenotransplantation product if its presence
                            elsewhere in source animal does not preclude
                            using it.
3.5.4....................  Add summary of individual source animal
                            record to permanent medical record of the
                            xenotransplantation product recipient.
3.6.4....................  Document complete necropsy results on source
                            animals (50-year record retention).
3.7......................  Link xenotransplantation product recipients
                            to individual source animal records and
                            archived biologic specimens.
4.2.3.2..................  Record baseline sera of xenotransplantation
                            health care workers and specific nosocomial
                            exposure.
4.2.3.3 and 4.3.2........  Keep a log of health care workers'
                            significant nosocomial exposure(s).
4.3.1....................  Document each xenotransplant procedure.
5.2......................  Document location and nature of archived
                            specimens in health care records of
                            xenotransplantation product recipient and
                            source animal.
------------------------------------------------------------------------


                   Table 3--Disclosure Recommendations
------------------------------------------------------------------------
  PHS guideline section                     Description
------------------------------------------------------------------------
3.2.7.2..................  Notify sponsor or FDA of new archive site
                            when the source animal facility or sponsor
                            ceases operations.
3.4......................  Standard operating procedures (SOPs) of
                            source animal facility should be available
                            to review bodies.
3.5.1....................  Include increased infectious risk in informed
                            consent if source animal quarantine period
                            of 3 weeks is shortened.
3.5.4....................  Sponsor to make linked records described in
                            section 3.2.7 available for review.
3.5.5....................  Source animal facility to notify clinical
                            center when infectious agent is identified
                            in source animal or herd after
                            xenotransplantation product procurement.
------------------------------------------------------------------------

    FDA estimates the burden for this collection of information as 
follows:

                                 Table 4--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
      PHS guideline section          Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
3.2.7.2 \2\.....................               1               1               1            0.50             0.5
                                                                                    (30 minutes)
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ FDA is using 1 animal facility or sponsor for estimation purposes.


                               Table 5--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                    Average burden
      PHS guideline section          Number of      records per    Total annual         per         Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
3.2.7 \2\.......................               1               1               1              16              16
4.3 \3\.........................               3               1               3            0.75            2.25
                                                                                    (45 minutes)
3.4.2 \4\.......................               3           10.67              32            0.25               8
                                                                                    (15 minutes)

[[Page 48444]]

 
3.4.3.2 \5\.....................               3            2.67               8            0.25               2
                                                                                    (15 minutes)
3.5.1 \6\.......................               3            0.33               1            0.50             0.5
                                                                                    (30 minutes)
3.5.2 \6\.......................               3            0.33               1            0.25            0.25
                                                                                    (15 minutes)
3.5.4...........................               3               1               3            0.17            0.51
                                                                                    (10 minutes)
3.6.4 \7\.......................               3            2.67               8            0.25               2
                                                                                    (15 minutes)
3.7 \7\.........................               4               2               8            0.08            0.64
                                                                                     (5 minutes)
4.2.3.2 \8\.....................               5              25             125            0.17           21.25
                                                                                    (10 minutes)
4.2.3.2 \6\.....................               5            0.20               1            0.17            0.17
                                                                                    (10 minutes)
4.2.3.3 and 4.3.2 \6\...........               5            0.20               1            0.17            0.17
                                                                                    (10 minutes)
4.3.1...........................               3               1               3            0.25            0.75
                                                                                    (15 minutes)
5.2 \9\.........................               3               4              12            0.08            0.96
                                                                                     (5 minutes)
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           55.45
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ A one-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA is
  using 1 new sponsor for estimation purposes.
\3\ FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
\4\ Monitoring for sentinel animals (subset representative of herd) plus all source animals. There are
  approximately 6 sentinel animals per herd x 1 herd per facility x 4 facilities = 24 sentinel animals. There
  are approximately 8 source animals per year (see footnote 7 of this table); 24 + 8 = 32 monitoring records to
  document.
\5\ Necropsy for animal deaths of unknown cause estimated to be approximately 2 per herd per year x 1 herd per
  facility x 4 facilities = 8.
\6\ Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\7\ On average 2 source animals are used for preparing xenotransplantation product material for one recipient.
  The average number of source animals is 2 source animals per recipient x 4 recipients annually = 8 source
  animals per year. (See footnote 5 of table 6 of this document.)
\8\ FDA estimates there are 5 clinical centers doing xenotransplantation procedures x approximately 25 health
  care workers involved per center = 125 health care workers.
\9\ Eight source animal records + 4 recipient records = 12 total records.


                           Table 6--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
      PHS guideline section          Number of      disclosures    Total annual     burden per      Total hours
                                    respondents   per respondent    disclosures     disclosure
----------------------------------------------------------------------------------------------------------------
3.2.7.2 \2\.....................               1               1               1            0.50             0.5
                                                                                    (30 minutes)
3.4 \3\.........................               4            0.25               1            0.08            0.08
                                                                                     (5 minutes)
3.5.1 \4\.......................               4            0.25               1            0.25            0.25
                                                                                    (15 minutes)
3.5.4 \5\.......................               4               1               4            0.50               2
                                                                                    (30 minutes)
3.5.5 \4\.......................               4            0.25               1            0.25            0.25
                                                                                    (15 minutes)
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............            3.08
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ FDA is using 1 animal facility or sponsor for estimation purposes.
\3\ FDA's records indicate that an average of 1 INDs are expected to be submitted per year.
\4\ To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\5\ Based on an estimate of 12 patients treated over a 3 year period, the average number of xenotransplantation
  product recipients per year is estimated to be 4.

    Because of the potential risk for cross-species transmission of 
pathogenic persistent virus, the guideline recommends that health 
records be retained for 50 years. Since these records are medical 
records, the retention of such records for up to 50 years is not 
information subject to the PRA (5 CFR 1320.3(h)(5)). Also, because of 
the limited number of clinical studies with small patient populations, 
the

[[Page 48445]]

number of records is expected to be insignificant at this time.
    Information collections in this guideline not included in tables 1 
through 6 can be found under existing regulations and approved under 
the OMB control numbers as follows: (1) ``Current Good Manufacturing 
Practice for Finished Pharmaceuticals,'' 21 CFR 211.1 through 211.208, 
approved under OMB control number 0910-0139; (2) ``Investigational New 
Drug Application,'' 21 CFR 312.1 through 312.160, approved under OMB 
control number 0910-0014; and (3) information included in a biologics 
license application, 21 CFR 601.2, approved under OMB control number 
0910-0338. (Although it is possible that a xenotransplantation product 
may not be regulated as a biological product (e.g., it may be regulated 
as a medical device), FDA believes, based on its knowledge and 
experience with xenotransplantation, that any xenotransplantation 
product subject to FDA regulation within the next 3 years will most 
likely be regulated as a biological product.). However, FDA recognized 
that some of the information collections go beyond approved 
collections; assessments for these burdens are included in tables 1 
through 6.
    In table 7, FDA identifies those collection of information 
activities that are already encompassed by existing regulations or are 
consistent with voluntary standards which reflect industry's usual and 
customary business practice.

 Table 7--Collection of Information Required by Current Regulations and
                                Standards
------------------------------------------------------------------------
                                Description of          21 CFR section
 PHS  guideline  section         collection of        (unless otherwise
                             information activity          stated)
------------------------------------------------------------------------
2.2.1....................  Document off-site         312.52.
                            collaborations.
2.5......................  Sponsor ensures           312.62(c).
                            counseling patient +
                            family + contacts.
3.1.1 and 3.1.6..........  Document well-            312.23(a)(7)(a) and
                            characterized health      211.84.
                            history and lineage of
                            source animals.
3.1.8....................  Registration with and     42 CFR 71.53.
                            import permit from the
                            Centers for Disease
                            Control and Prevention.
3.2.2....................  Document collaboration    312.52.
                            with accredited
                            microbiology labs.
3.2.3....................  Procedures to ensure the  9 CFR parts 1, 2,
                            humane care of animals.   and 3 and PHS
                                                      Policy \1\.
3.2.4....................  Procedures consistent     AAALAC
                            for accreditation by      International
                            the Association for       Rules of
                            Assessment and            Accreditation \2\
                            Accreditation of          and NRC Guide \3\.
                            Laboratory Animal Care
                            International (AAALAC
                            International) and
                            consistent with the
                            National Research
                            Council's (NRC) Guide.
3.2.5, 3.4, and 3.4.1....  Herd health maintenance   211.100 and
                            and surveillance to be    211.122.
                            documented, available,
                            and in accordance with
                            documented procedures;
                            record standard
                            veterinary care.
3.2.6....................  Animal facility SOPs....  PHS Policy \1\.
3.3.3....................  Validate assay methods..  211.160(a).
3.6.1....................  Procurement and           211.100 and
                            processing of             211.122.
                            xenografts using
                            documented aseptic
                            conditions.
3.6.2....................  Develop, implement, and   211.84(d) and
                            enforce SOP's for         211.122(c).
                            procurement and
                            screening processes.
3.6.4....................  Communicate to FDA        312.32(c).
                            animal necropsy
                            findings pertinent to
                            health of recipient.
3.7.1....................  PHS specimens to be       312.23(a)(6).
                            linked to health
                            records; provide to FDA
                            justification for types
                            of tissues, cells, and
                            plasma, and quantities
                            of plasma and
                            leukocytes collected.
4.1.1....................  Surveillance of           312.23(a)(6)(iii)(f
                            xenotransplant            ) and (g), and
                            recipient; sponsor        312.62(b) and (c).
                            ensures documentation
                            of surveillance program
                            life-long (justify >2
                            yrs.); investigator
                            case histories (2 yrs.
                            after investigation is
                            discontinued).
4.1.2....................  Sponsor to justify        211.122.
                            amount and type of
                            reserve samples.
4.1.2.2..................  System for prompt         312.57(a).
                            retrieval of PHS
                            specimens and linkage
                            to medical records
                            (recipient and source
                            animal).
4.1.2.3..................  Notify FDA of a clinical  312.32.
                            episode potentially
                            representing a
                            xenogeneic infection.
4.2.2.1..................  Document collaborations   312.52.
                            (transfer of
                            obligation).
4.2.3.1..................  Develop educational       312.50.
                            materials (sponsor
                            provides investigators
                            with information needed
                            to conduct
                            investigation properly).
4.3......................  Sponsor to keep records   312.57 and
                            of receipt, shipment,     312.62(b).
                            and disposition of
                            investigative drug;
                            investigator to keep
                            records of case
                            histories.
------------------------------------------------------------------------
\1\ The ``Public Health Service Policy on Humane Care and Use of
  Laboratory Animals'' (https://www.grants.nih.gov/grants/olaw/references/phspol.htm).
\2\ AAALAC International Rules of Accreditation (https://www.aaalac.org/accreditation/rules.cfm).
\3\ The NRC's ``Guide for the Care and Use of Laboratory Animals.''

    Based on a review of the information collection since our last 
request for OMB approval, we have made no adjustments to our burden 
estimate.

    Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20764 Filed 9-24-18; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                    Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                                                      48441

                                                                                                                                                                                                                                                 OMB control
                                                                            21 CFR part or guidance                                                                                          Topic                                                  No.

                                               807, subpart E ............................................................................          Premarket notification .................................................................       0910–0120
                                               ‘‘Requests for Feedback on Medical Device Submissions: The                                           Q-submissions ............................................................................     0910–0756
                                                  Pre-Submission Program and Meetings with Food and Drug
                                                  Administration Staff’’.
                                               803 ..............................................................................................   Medical Devices; Medical Device Reporting; Manufacturer re-                                    0910–0437
                                                                                                                                                     porting, importer reporting, user facility reporting, distributor
                                                                                                                                                     reporting.



                                                 Dated: September 19, 2018.                                                submissions) will be considered timely                                  comments, those filed in a timely
                                               Leslie Kux,                                                                 if they are postmarked or the delivery                                  manner (see ADDRESSES), will be placed
                                               Associate Commissioner for Policy.                                          service acceptance receipt is on or                                     in the docket and, except for those
                                               [FR Doc. 2018–20771 Filed 9–24–18; 8:45 am]                                 before that date.                                                       submitted as ‘‘Confidential
                                                                                                                                                                                                   Submissions,’’ publicly viewable at
                                               BILLING CODE 4164–01–P                                                      Electronic Submissions
                                                                                                                                                                                                   https://www.regulations.gov or at the
                                                                                                                             Submit electronic comments in the                                     Dockets Management Staff between 9
                                               DEPARTMENT OF HEALTH AND                                                    following way:                                                          a.m. and 4 p.m., Monday through
                                               HUMAN SERVICES                                                                • Federal eRulemaking Portal:                                         Friday.
                                                                                                                           https://www.regulations.gov. Follow the
                                                                                                                                                                                                      • Confidential Submissions—To
                                               Food and Drug Administration                                                instructions for submitting comments.
                                                                                                                                                                                                   submit a comment with confidential
                                                                                                                           Comments submitted electronically,
                                               [Docket No. FDA–2012–N–0559]                                                                                                                        information that you do not wish to be
                                                                                                                           including attachments, to https://
                                                                                                                           www.regulations.gov will be posted to                                   made publicly available, submit your
                                               Agency Information Collection                                                                                                                       comments only as a written/paper
                                               Activities; Proposed Collection;                                            the docket unchanged. Because your
                                                                                                                           comment will be made public, you are                                    submission. You should submit two
                                               Comment Request; Public Health                                                                                                                      copies total. One copy will include the
                                               Service Guideline on Infectious                                             solely responsible for ensuring that your
                                                                                                                           comment does not include any                                            information you claim to be confidential
                                               Disease Issues in Xenotransplantation                                                                                                               with a heading or cover note that states
                                                                                                                           confidential information that you or a
                                               AGENCY:        Food and Drug Administration,                                third party may not wish to be posted,                                  ‘‘THIS DOCUMENT CONTAINS
                                               HHS.                                                                        such as medical information, your or                                    CONFIDENTIAL INFORMATION.’’ The
                                               ACTION:       Notice.                                                       anyone else’s Social Security number, or                                Agency will review this copy, including
                                                                                                                           confidential business information, such                                 the claimed confidential information, in
                                               SUMMARY:   The Food and Drug                                                as a manufacturing process. Please note                                 its consideration of comments. The
                                               Administration (FDA or Agency) is                                           that if you include your name, contact                                  second copy, which will have the
                                               announcing an opportunity for public                                        information, or other information that                                  claimed confidential information
                                               comment on the proposed collection of                                       identifies you in the body of your                                      redacted/blacked out, will be available
                                               certain information by the Agency.                                          comments, that information will be                                      for public viewing and posted on
                                               Under the Paperwork Reduction Act of                                        posted on https://www.regulations.gov.                                  https://www.regulations.gov. Submit
                                               1995 (PRA), Federal Agencies are                                              • If you want to submit a comment                                     both copies to the Dockets Management
                                               required to publish notice in the                                           with confidential information that you                                  Staff. If you do not wish your name and
                                               Federal Register concerning each                                            do not wish to be made available to the                                 contact information to be made publicly
                                               proposed collection of information,                                         public, submit the comment as a                                         available, you can provide this
                                               including each proposed extension of an                                     written/paper submission and in the                                     information on the cover sheet and not
                                               existing collection of information, and                                     manner detailed (see ‘‘Written/Paper                                    in the body of your comments and you
                                               to allow 60 days for public comment in                                      Submissions’’ and ‘‘Instructions’’).                                    must identify this information as
                                               response to this notice. This notice                                                                                                                ‘‘confidential.’’ Any information marked
                                               solicits comments on the collection of                                      Written/Paper Submissions                                               as ‘‘confidential’’ will not be disclosed
                                               information contained in the Public                                           Submit written/paper submissions as                                   except in accordance with 21 CFR 10.20
                                               Health Service (PHS) guideline entitled                                     follows:                                                                and other applicable disclosure law. For
                                               ‘‘PHS Guideline on Infectious Disease                                         • Mail/Hand delivery/Courier (for                                     more information about FDA’s posting
                                               Issues in Xenotransplantation’’ dated                                       written/paper submissions): Dockets                                     of comments to public dockets, see 80
                                               January 19, 2001.                                                           Management Staff (HFA–305), Food and                                    FR 56469, September 18, 2015, or access
                                               DATES: Submit either electronic or                                          Drug Administration, 5630 Fishers                                       the information at: https://www.gpo.gov/
                                               written comments on the collection of                                       Lane, Rm. 1061, Rockville, MD 20852.                                    fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               information by November 26, 2018.                                             • For written/paper comments                                          23389.pdf.
                                               ADDRESSES: You may submit comments                                          submitted to the Dockets Management                                        Docket: For access to the docket to
                                               as follows. Please note that late,                                          Staff, FDA will post your comment, as                                   read background documents or the
                                               untimely filed comments will not be                                         well as any attachments, except for                                     electronic and written/paper comments
                                               considered. Electronic comments must                                        information submitted, marked and                                       received, go to https://
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                                               be submitted on or before November 26,                                      identified, as confidential, if submitted                               www.regulations.gov and insert the
                                               2018. The https://www.regulations.gov                                       as detailed in ‘‘Instructions.’’                                        docket number, found in brackets in the
                                               electronic filing system will accept                                          Instructions: All submissions received                                heading of this document, into the
                                               comments until midnight Eastern Time                                        must include the Docket No. FDA–                                        ‘‘Search’’ box and follow the prompts
                                               at the end of November 26, 2018.                                            2012–N–0559 for ‘‘PHS Guideline on                                      and/or go to the Dockets Management
                                               Comments received by mail/hand                                              Infectious Disease Issues in                                            Staff, 5630 Fishers Lane, Rm. 1061,
                                               delivery/courier (for written/paper                                         Xenotransplantation.’’ Received                                         Rockville, MD 20852.


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                                               48442                     Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                               FOR FURTHER INFORMATION CONTACT:        Ila             health issues raised by                               to human transplantation and are
                                               S. Mizrachi, Office of Operations, Food                 xenotransplantation, through                          therefore thought to share certain
                                               and Drug Administration, Three White                    identification of general principles of               characteristics with viruses that may
                                               Flint North, 10A–12M, 11601                             prevention and control of infectious                  pose potential risks in
                                               Landsdown St., North Bethesda, MD                       diseases associated with                              xenotransplantation. These
                                               20852, 301–796–7726, PRAStaff@                          xenotransplantation that may pose a                   characteristics include long latency
                                               fda.hhs.gov.                                            hazard to the public health. The                      periods and the ability to establish
                                               SUPPLEMENTARY INFORMATION: Under the                    collection of information described in                persistent infections. Several also share
                                               PRA (44 U.S.C. 3501–3520), Federal                      this guideline is intended to provide                 the possibility of transmission among
                                               Agencies must obtain approval from the                  general guidance on the following                     individuals through intimate contact
                                               Office of Management and Budget                         topics: (1) The development of                        with human body fluids. Human
                                               (OMB) for each collection of                            xenotransplantation clinical protocols;               immunodeficiency virus (HIV) and
                                               information they conduct or sponsor.                    (2) the preparation of submissions to                 Human T-lymphotropic virus are
                                               ‘‘Collection of information’’ is defined                FDA; and (3) the conduct of                           human retroviruses. Retroviruses
                                               in 44 U.S.C. 3502(3) and 5 CFR                          xenotransplantation clinical trials. Also,            contain ribonucleic acid that is reverse-
                                               1320.3(c) and includes Agency requests                  the collection of information will help               transcribed into deoxyribonucleic acid
                                               or requirements that members of the                     ensure that the sponsor maintains                     (DNA) using an enzyme provided by the
                                               public submit reports, keep records, or                 important information in a cross-                     virus and the human cell machinery.
                                               provide information to a third party.                   referenced system that links the relevant             That viral DNA can then be integrated
                                               Section 3506(c)(2)(A) of the PRA (44                    records of the xenotransplantation                    into the human cellular DNA. Both
                                               U.S.C. 3506(c)(2)(A)) requires Federal                  product recipient, xenotransplantation                viruses establish persistent infections
                                               Agencies to provide a 60-day notice in                  product, source animal(s), animal                     and have long latency periods before the
                                               the Federal Register concerning each                    procurement center, and significant                   onset of disease, 10 years and 40 to 60
                                               proposed collection of information,                     nosocomial exposures. The PHS                         years, respectively. The human hepatitis
                                               including each proposed extension of an                 guideline describes an occupational                   viruses are not retroviruses, but several
                                               existing collection of information,                     health service program for the                        share with HIV the characteristic that
                                               before submitting the collection to OMB                 protection of health care workers                     they can be transmitted through body
                                               for approval. To comply with this                       involved in xenotransplantation                       fluids, can establish persistent
                                               requirement, FDA is publishing notice                   procedures, caring for                                infections, and have long latency
                                               of the proposed collection of                           xenotransplantation product recipients,               periods, e.g., approximately 30 years for
                                               information set forth in this document.                 and performing associated laboratory                  Hepatitis C.
                                                  With respect to the following                        testing. The PHS guideline is intended                   In addition, the PHS guideline
                                               collection of information, FDA invites                  to protect the public health and to help              recommends that a record system be
                                               comments on these topics: (1) Whether                   ensure the safety of using                            developed that allows easy, accurate,
                                               the proposed collection of information                  xenotransplantation products in                       and rapid linkage of information among
                                               is necessary for the proper performance                 humans by preventing the introduction,                the specimen archive, the recipient’s
                                               of FDA’s functions, including whether                   transmission, and spread of infectious                medical records, and the records of the
                                               the information will have practical                     diseases associated with                              source animal for 50 years. The
                                               utility; (2) the accuracy of FDA’s                      xenotransplantation.                                  development of such a record system is
                                               estimate of the burden of the proposed                     The PHS guideline also recommends                  a one-time burden. Such a system is
                                               collection of information, including the                that certain specimens and records be                 intended to cross-reference and locate
                                               validity of the methodology and                         maintained for 50 years beyond the date               relevant records of recipients, products,
                                               assumptions used; (3) ways to enhance                   of the xenotransplantation. These                     source animals, animal procurement
                                               the quality, utility, and clarity of the                include: (1) Records linking each                     centers, and significant nosocomial
                                               information to be collected; and (4)                    xenotransplantation product recipient                 exposures.
                                                                                                       with relevant health records of the                      Respondents to this collection of
                                               ways to minimize the burden of the
                                                                                                       source animal, herd or colony, and the                information are the sponsors of clinical
                                               collection of information on
                                                                                                       specific organ, tissue, or cell type                  studies of investigational
                                               respondents, including through the use
                                                                                                       included in or used in the manufacture                xenotransplantation products under
                                               of automated collection techniques,                                                                           investigational new drug applications
                                                                                                       of the product (3.2.7.1); (2) aliquots of
                                               when appropriate, and other forms of                                                                          (INDs) and xenotransplantation product
                                                                                                       serum samples from randomly selected
                                               information technology.                                                                                       procurement centers, referred to as
                                                                                                       animal and specific disease
                                               PHS Guideline on Infectious Disease                     investigations (3.4.3.1); (3) source                  source animal facilities. There are an
                                               Issues in Xenotransplantation                           animal biological specimens designated                estimated three respondents who are
                                                                                                       for PHS use (3.7.1); animal health                    sponsors of INDs that include protocols
                                               OMB Control Number 0910–0456—                                                                                 for xenotransplantation in humans and
                                                                                                       records (3.7.2), including necropsy
                                               Extension                                                                                                     five clinical centers doing
                                                                                                       results (3.6.4); and (4) recipients’
                                                  The statutory authority to collect this              biological specimens (4.1.2). The                     xenotransplantation procedures. Other
                                               information is provided under sections                  retention period is intended to assist                respondents for this collection of
                                               351 and 361 of the PHS Act (42 U.S.C.                   health care practitioners and officials in            information are an estimated four source
                                               262 and 264) and the provisions of the                  surveillance and in tracking the source               animal facilities which provide source
                                               Federal Food, Drug, and Cosmetic Act                    of an infection, disease, or illness that             xenotransplantation product material to
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                                               that apply to drugs (21 U.S.C. 321 et                   might emerge in the recipient, the                    sponsors for use in human
                                               seq.). The PHS guideline recommends                     source animal, or the animal herd or                  xenotransplantation procedures. These
                                               procedures to diminish the risk of                      colony after a xenotransplantation.                   four source animal facilities keep
                                               transmission of infectious agents to the                   The recommendation for maintaining                 medical records of the herds/colonies as
                                               xenotransplantation product recipient                   records for 50 years is based on clinical             well as the medical records of the
                                               and to the general public. The PHS                      experience with several human viruses                 individual source animal(s). The burden
                                               guideline is intended to address public                 that have presented problems in human                 estimates are based on FDA’s records of


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                                                                                    Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                           48443

                                               xenotransplantation-related INDs and                                         and third-party disclosure tasks                        reporting, recordkeeping, and third-
                                               estimates of time required to complete                                       described in the PHS guideline.                         party disclosure recommendations in
                                               the various reporting, recordkeeping,                                          FDA is requesting an extension of                     the PHS guideline:
                                                                                                                            OMB approval for the following
                                                                                                                        TABLE 1—REPORTING RECOMMENDATIONS
                                                 PHS guideline                                                                                                  Description
                                                   section

                                               3.2.7.2 ...............       Notify sponsor or FDA of new archive site when the source animal facility or sponsor ceases operations.


                                                                                                                    TABLE 2—RECORDKEEPING RECOMMENDATIONS
                                                 PHS guideline                                                                                                  Description
                                                   section

                                               3.2.7 ..................      Establish records linking each xenotransplantation product recipient with relevant records.
                                               4.3 .....................     Sponsor to maintain cross-referenced system that links all relevant records (recipient, product, source animal, animal procure-
                                                                               ment center, and nosocomial exposures).
                                               3.4.2 ..................      Document results of monitoring program used to detect introduction of infectious agents which may not be apparent clinically.
                                               3.4.3.2 ...............       Document full necropsy investigations including evaluation for infectious etiologies.
                                               3.5.1 ..................      Justify shortening a source animal’s quarantine period of 3 weeks prior to xenotransplantation product procurement.
                                               3.5.2 ..................      Document absence of infectious agent in xenotransplantation product if its presence elsewhere in source animal does not
                                                                               preclude using it.
                                               3.5.4 ..................      Add summary of individual source animal record to permanent medical record of the xenotransplantation product recipient.
                                               3.6.4 ..................      Document complete necropsy results on source animals (50-year record retention).
                                               3.7 .....................     Link xenotransplantation product recipients to individual source animal records and archived biologic specimens.
                                               4.2.3.2 ...............       Record baseline sera of xenotransplantation health care workers and specific nosocomial exposure.
                                               4.2.3.3 and 4.3.2             Keep a log of health care workers’ significant nosocomial exposure(s).
                                               4.3.1 ..................      Document each xenotransplant procedure.
                                               5.2 .....................     Document location and nature of archived specimens in health care records of xenotransplantation product recipient and
                                                                               source animal.


                                                                                                                       TABLE 3—DISCLOSURE RECOMMENDATIONS
                                                 PHS guideline                                                                                                  Description
                                                   section

                                               3.2.7.2 ...............       Notify sponsor or FDA of new archive site when the source animal facility or sponsor ceases operations.
                                               3.4 .....................     Standard operating procedures (SOPs) of source animal facility should be available to review bodies.
                                               3.5.1 ..................      Include increased infectious risk in informed consent if source animal quarantine period of 3 weeks is shortened.
                                               3.5.4 ..................      Sponsor to make linked records described in section 3.2.7 available for review.
                                               3.5.5 ..................      Source animal facility to notify clinical center when infectious agent is identified in source animal or herd after
                                                                               xenotransplantation product procurement.



                                                 FDA estimates the burden for this
                                               collection of information as follows:

                                                                                                               TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                   Number of                             Average
                                                                                                                                               Number of                           Total annual
                                                                           PHS guideline section                                                                 responses per                         burden per     Total hours
                                                                                                                                              respondents                           responses
                                                                                                                                                                   respondent                           response

                                               3.2.7.2 2 ................................................................................                   1                 1                   1            0.50            0.5
                                                                                                                                                                                                       (30 minutes)
                                                  1 There     are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 FDA     is using 1 animal facility or sponsor for estimation purposes.

                                                                                                          TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                    Number of                            Average
                                                                                                                                                Number of                          Total annual
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                                                                           PHS guideline section                                                                   records per                          burden per    Total hours
                                                                                                                                              recordkeepers                          records
                                                                                                                                                                  recordkeeper                        recordkeeping

                                               3.2.7 2 ...................................................................................                  1                 1                   1              16             16
                                               4.3 3 ......................................................................................                 3                 1                   3            0.75           2.25
                                                                                                                                                                                                       (45 minutes)
                                               3.4.2 4 ...................................................................................                  3             10.67               32              0.25                  8
                                                                                                                                                                                                       (15 minutes)



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                                               48444                                Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

                                                                                              TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
                                                                                                                                                                            Number of                                             Average
                                                                                                                                                Number of                                            Total annual
                                                                           PHS guideline section                                                                           records per                                           burden per               Total hours
                                                                                                                                              recordkeepers                                            records
                                                                                                                                                                          recordkeeper                                         recordkeeping

                                               3.4.3.2 5 ................................................................................                           3                     2.67                            8               0.25                          2
                                                                                                                                                                                                                                  (15 minutes)
                                               3.5.1 6 ...................................................................................                         3                     0.33                             1              0.50                      0.5
                                                                                                                                                                                                                                  (30 minutes)
                                               3.5.2 6 ...................................................................................                         3                     0.33                             1              0.25                     0.25
                                                                                                                                                                                                                                  (15 minutes)
                                               3.5.4 .....................................................................................                         3                           1                          3              0.17                     0.51
                                                                                                                                                                                                                                  (10 minutes)
                                               3.6.4 7 ...................................................................................                         3                     2.67                             8              0.25                           2
                                                                                                                                                                                                                                  (15 minutes)
                                               3.7 7 ......................................................................................                         4                          2                          8               0.08                    0.64
                                                                                                                                                                                                                                   (5 minutes)
                                               4.2.3.2 8 ................................................................................                           5                        25                       125                0.17                    21.25
                                                                                                                                                                                                                                  (10 minutes)
                                               4.2.3.2 6 ................................................................................                           5                     0.20                            1               0.17                    0.17
                                                                                                                                                                                                                                  (10 minutes)
                                               4.2.3.3 and 4.3.2 6 ................................................................                                 5                     0.20                            1              0.17                     0.17
                                                                                                                                                                                                                                  (10 minutes)
                                               4.3.1 .....................................................................................                         3                           1                          3              0.25                     0.75
                                                                                                                                                                                                                                  (15 minutes)
                                               5.2 9 ......................................................................................                         3                          4                        12               0.08                     0.96
                                                                                                                                                                                                                                   (5 minutes)

                                                     Total ..............................................................................     ........................   ........................   ........................   ........................          55.45
                                                  1 There are no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2A one-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA is using 1 new sponsor for esti-
                                               mation purposes.
                                                 3 FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
                                                 4 Monitoring for sentinel animals (subset representative of herd) plus all source animals. There are approximately 6 sentinel animals per herd ×
                                               1 herd per facility × 4 facilities = 24 sentinel animals. There are approximately 8 source animals per year (see footnote 7 of this table); 24 + 8 =
                                               32 monitoring records to document.
                                                 5 Necropsy for animal deaths of unknown cause estimated to be approximately 2 per herd per year × 1 herd per facility × 4 facilities = 8.
                                                 6 Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
                                                 7 On average 2 source animals are used for preparing xenotransplantation product material for one recipient. The average number of source
                                               animals is 2 source animals per recipient × 4 recipients annually = 8 source animals per year. (See footnote 5 of table 6 of this document.)
                                                 8 FDA estimates there are 5 clinical centers doing xenotransplantation procedures × approximately 25 health care workers involved per center
                                               = 125 health care workers.
                                                 9 Eight source animal records + 4 recipient records = 12 total records.



                                                                                                 TABLE 6—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                                           Number of                                               Average
                                                                                                                                                Number of                  disclosures               Total annual
                                                                           PHS guideline section                                                                                                                                  burden per              Total hours
                                                                                                                                               respondents                     per                   disclosures                  disclosure
                                                                                                                                                                           respondent

                                               3.2.7.2 2 ................................................................................                           1                          1                          1               0.50                     0.5
                                                                                                                                                                                                                                  (30 minutes)
                                               3.4 3 ......................................................................................                         4                     0.25                            1               0.08                    0.08
                                                                                                                                                                                                                                   (5 minutes)
                                               3.5.1 4 ...................................................................................                         4                     0.25                             1              0.25                     0.25
                                                                                                                                                                                                                                  (15 minutes)
                                               3.5.4 5 ...................................................................................                         4                           1                          4              0.50                           2
                                                                                                                                                                                                                                  (30 minutes)
                                               3.5.5 4 ...................................................................................                         4                     0.25                             1              0.25                     0.25
                                                                                                                                                                                                                                  (15 minutes)

                                                     Total ..............................................................................     ........................   ........................   ........................   ........................           3.08
                                                  1 Thereare no capital costs or operating and maintenance costs associated with this collection of information.
                                                  2 FDAis using 1 animal facility or sponsor for estimation purposes.
                                                 3 FDA’s records indicate that an average of 1 INDs are expected to be submitted per year.
                                                 4 To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
                                                 5 Based on an estimate of 12 patients treated over a 3 year period, the average number of xenotransplantation product recipients per year is
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                                               estimated to be 4.


                                                 Because of the potential risk for cross-                                   retained for 50 years. Since these                                          PRA (5 CFR 1320.3(h)(5)). Also, because
                                               species transmission of pathogenic                                           records are medical records, the                                            of the limited number of clinical studies
                                               persistent virus, the guideline                                              retention of such records for up to 50                                      with small patient populations, the
                                               recommends that health records be                                            years is not information subject to the


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                                                                                 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices                                                                            48445

                                               number of records is expected to be                                    number 0910–0014; and (3) information                                   biological product.). However, FDA
                                               insignificant at this time.                                            included in a biologics license                                         recognized that some of the information
                                                  Information collections in this                                     application, 21 CFR 601.2, approved                                     collections go beyond approved
                                               guideline not included in tables 1                                     under OMB control number 0910–0338.                                     collections; assessments for these
                                               through 6 can be found under existing                                  (Although it is possible that a                                         burdens are included in tables 1 through
                                               regulations and approved under the                                     xenotransplantation product may not be                                  6.
                                               OMB control numbers as follows: (1)                                    regulated as a biological product (e.g., it
                                               ‘‘Current Good Manufacturing Practice                                  may be regulated as a medical device),                                     In table 7, FDA identifies those
                                               for Finished Pharmaceuticals,’’ 21 CFR                                 FDA believes, based on its knowledge                                    collection of information activities that
                                               211.1 through 211.208, approved under                                  and experience with                                                     are already encompassed by existing
                                               OMB control number 0910–0139; (2)                                      xenotransplantation, that any                                           regulations or are consistent with
                                               ‘‘Investigational New Drug                                             xenotransplantation product subject to                                  voluntary standards which reflect
                                               Application,’’ 21 CFR 312.1 through                                    FDA regulation within the next 3 years                                  industry’s usual and customary business
                                               312.160, approved under OMB control                                    will most likely be regulated as a                                      practice.

                                                                     TABLE 7—COLLECTION OF INFORMATION REQUIRED BY CURRENT REGULATIONS AND STANDARDS
                                                       PHS                                                                                                                                                           21 CFR section
                                                     guideline                                        Description of collection of information activity                                                         (unless otherwise stated)
                                                      section

                                               2.2.1 ...................    Document off-site collaborations ...............................................................................          312.52.
                                               2.5 ......................   Sponsor ensures counseling patient + family + contacts .........................................                          312.62(c).
                                               3.1.1 and 3.1.6 ..           Document well-characterized health history and lineage of source animals ............                                     312.23(a)(7)(a) and 211.84.
                                               3.1.8 ...................    Registration with and import permit from the Centers for Disease Control and Pre-                                         42 CFR 71.53.
                                                                              vention.
                                               3.2.2 ...................    Document collaboration with accredited microbiology labs ......................................                           312.52.
                                               3.2.3 ...................    Procedures to ensure the humane care of animals ..................................................                        9 CFR parts 1, 2, and 3 and PHS Pol-
                                                                                                                                                                                                        icy 1.
                                               3.2.4 ...................    Procedures consistent for accreditation by the Association for Assessment and                                             AAALAC International Rules of Accredi-
                                                                              Accreditation of Laboratory Animal Care International (AAALAC International)                                              tation 2 and NRC Guide 3.
                                                                              and consistent with the National Research Council’s (NRC) Guide.
                                               3.2.5, 3.4, and              Herd health maintenance and surveillance to be documented, available, and in                                              211.100 and 211.122.
                                                 3.4.1.                       accordance with documented procedures; record standard veterinary care.
                                               3.2.6 ...................    Animal facility SOPs ..................................................................................................   PHS Policy 1.
                                               3.3.3 ...................    Validate assay methods ............................................................................................       211.160(a).
                                               3.6.1 ...................    Procurement and processing of xenografts using documented aseptic conditions                                              211.100 and 211.122.
                                               3.6.2 ...................    Develop, implement, and enforce SOP’s for procurement and screening proc-                                                 211.84(d) and 211.122(c).
                                                                              esses.
                                               3.6.4 ...................    Communicate to FDA animal necropsy findings pertinent to health of recipient .....                                        312.32(c).
                                               3.7.1 ...................    PHS specimens to be linked to health records; provide to FDA justification for                                            312.23(a)(6).
                                                                              types of tissues, cells, and plasma, and quantities of plasma and leukocytes
                                                                              collected.
                                               4.1.1 ...................    Surveillance of xenotransplant recipient; sponsor ensures documentation of sur-                                           312.23(a)(6)(iii)(f) and (g), and 312.62(b)
                                                                              veillance program life-long (justify >2 yrs.); investigator case histories (2 yrs.                                        and (c).
                                                                              after investigation is discontinued).
                                               4.1.2 ...................    Sponsor to justify amount and type of reserve samples ..........................................                          211.122.
                                               4.1.2.2 ................     System for prompt retrieval of PHS specimens and linkage to medical records                                               312.57(a).
                                                                              (recipient and source animal).
                                               4.1.2.3 ................     Notify FDA of a clinical episode potentially representing a xenogeneic infection ....                                     312.32.
                                               4.2.2.1 ................     Document collaborations (transfer of obligation) ......................................................                   312.52.
                                               4.2.3.1 ................     Develop educational materials (sponsor provides investigators with information                                            312.50.
                                                                              needed to conduct investigation properly).
                                               4.3 ......................   Sponsor to keep records of receipt, shipment, and disposition of investigative                                            312.57 and 312.62(b).
                                                                              drug; investigator to keep records of case histories.
                                                 1 The ‘‘Public Health Service Policy on Humane Care and Use of Laboratory Animals’’ (https://www.grants.nih.gov/grants/olaw/references/
                                               phspol.htm).
                                                 2 AAALAC International Rules of Accreditation (https://www.aaalac.org/accreditation/rules.cfm).
                                                 3 The NRC’s ‘‘Guide for the Care and Use of Laboratory Animals.’’




                                                 Based on a review of the information                                 OMB approval, we have made no                                             Dated: September 19, 2018.
                                               collection since our last request for                                  adjustments to our burden estimate.                                     Leslie Kux,
                                                                                                                                                                                              Associate Commissioner for Policy.
                                                                                                                                                                                              [FR Doc. 2018–20764 Filed 9–24–18; 8:45 am]
daltland on DSKBBV9HB2PROD with NOTICES




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                                          VerDate Sep<11>2014        17:40 Sep 24, 2018        Jkt 244001     PO 00000       Frm 00037      Fmt 4703      Sfmt 9990      E:\FR\FM\25SEN1.SGM           25SEN1



Document Created: 2018-09-25 00:22:35
Document Modified: 2018-09-25 00:22:35
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.
DatesSubmit either electronic or written comments on the collection of information by November 26, 2018.
ContactIla S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation83 FR 48441 

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