Guidance for Industry and Food and Drug Administration Staff; Surveillance and Detention Without Physical Examination of Surgeons' and/or Patient Examination Gloves; Availability, 39970-39972 [E8-15766]
Download as PDF
39970
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
manufacturers to present evidence to
FDA in support of a reconsideration of
their listing on the import alert if they
believe for any reason that this listing is
inappropriate, including as a result of
statistical sampling errors or because
previous defective shipments were
found during a previously concluded
import surveillance cycle.
Another change in the final guidance
is that the 24-month surveillance period
will start when a firm is placed on Level
1 rather than when a firm is removed
from Level 1, as proposed in the draft
guidance. This change is being
implemented to simplify the process
and provide a ‘‘level playing field’’ for
low-volume firms that export shipments
of condoms to the United States less
frequently than high-volume firms and
therefore generally take a longer time to
obtain a number of consecutive passing
entries sufficient for removal from the
import alert.
pwalker on PROD1PC71 with NOTICES
II. Significance of Guidance
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the agency’s
current thinking on ‘‘Surveillance and
Detention Without Physical
Examination of Condoms.’’ It does not
create or confer any rights for or on any
person and does not operate to bind
FDA or the public. An alternative
approach may be used if such approach
satisfies the requirements of the
applicable statute and regulations.
III. Electronic Access
Persons interested in obtaining a copy
of the guidance may do so by using the
Internet. To receive ‘‘Surveillance and
Detention Without Physical
Examination of Condoms,’’ you may
either send an e-mail request to
dsmica@fda.hhs.gov to receive an
electronic copy of the document or send
a fax request to 240–276–3151 to receive
a hard copy. Please use the document
number 1139 to identify the guidance
you are requesting.
CDRH maintains an entry on the
Internet for easy access to information
including text, graphics, and files that
may be downloaded to a personal
computer with Internet access. Updated
on a regular basis, the CDRH home page
includes device safety alerts, Federal
Register reprints, information on
premarket submissions (including lists
of approved applications and
manufacturers’ addresses), small
manufacturer’s assistance, information
on video conferencing and electronic
submissions, Mammography Matters,
and other device-oriented information.
The CDRH Web site may be accessed at
VerDate Aug<31>2005
17:19 Jul 10, 2008
Jkt 214001
https://www.fda.gov/cdrh. A search
capability for all CDRH guidance
documents is available at https://
www.fda.gov/cdrh/guidance.html.
Guidance documents are also available
at https://www.regulations.gov.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3501–3520). The collections of
information in 21 CFR part 820 have
been approved under OMB control
number 0910–0073.
The information collection
recommendations included in this
document as part of the strategy for
addressing further shipments of
condoms from manufacturers/shippers
who repeatedly export defective
condoms to the United States do not
require OMB clearance under the PRA.
These collections of information are
excepted from the requirements of the
PRA under 5 CFR 1320.4(a)(2) and (c).
The guidance recommends information
to be collected and submitted to FDA
‘‘during the conduct of an
administrative action, investigation, or
audit involving the agency against
specific individuals’’ (5 CFR
1320.4(a)(2)) and ‘‘after a case file or
equivalent is opened with respect to a
particular party’’ (5 CFR 1320.4(c)) in
order for that specific party to rebut the
appearance of adulteration and
consequently obtain release of a specific
shipment of condoms or removal of
specific condoms from listing on Import
Alert.
V. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
accepted by FDA only through FDMS at
https://www.regulations.gov.
Dated: July 1, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–15765 Filed 7–10–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2008–D–0186] (formerly
Docket No. 2000D–1384)
Guidance for Industry and Food and
Drug Administration Staff; Surveillance
and Detention Without Physical
Examination of Surgeons’ and/or
Patient Examination Gloves;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY: The Food and Drug
Administration (FDA) is announcing the
availability of the guidance entitled
‘‘Surveillance and Detention Without
Physical Examination of Surgeons’ and/
or Patient Examination Gloves.’’ This
guidance document provides
information to FDA staff and industry
about FDA’s strategy for addressing
further imports of surgeons’ and patient
examination gloves (medical gloves)
from manufacturers/shippers whose
medical gloves have failed to meet
FDA’s minimum acceptable quality
criteria. The guidance and the strategy
are intended to help assure that medical
gloves imported to the United States
meet FDA’s minimum acceptable
quality criteria and do not have defects
that could compromise their
effectiveness and pose a health hazard
to healthcare professionals and patients
who rely on medical gloves for
protection from blood- and fluid-borne
pathogens.
DATES: Submit written or electronic
comments on this guidance at any time.
General comments on agency guidance
documents are welcome at any time.
ADDRESSES: Submit written requests for
single copies of the guidance document
entitled ‘‘Surveillance and Detention
Without Physical Examination of
Surgeons’ and/or Patient Examination
Gloves’’ to the Division of Small
Manufacturers, International, and
Consumer Assistance (HFZ–220), Center
for Devices and Radiological Health,
Food and Drug Administration, 1350
Piccard Dr., Rockville, MD 20850. Send
E:\FR\FM\11JYN1.SGM
11JYN1
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
one self-addressed adhesive label to
assist that office in processing your
request, or fax your request to 240–276–
3151. See the SUPPLEMENTARY
INFORMATION section for information on
electronic access to the guidance.
Submit written comments concerning
this guidance to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Submit
electronic comments to https://
www.regulations.gov. Identify
comments with the docket number
found in brackets in the heading of this
document.
FOR FURTHER INFORMATION CONTACT:
Diane Goldsberry, Center for Devices
and Radiological Health (HFZ–333),
Food and Drug Administration, 2094
Gaither Rd., Rockville, MD 20850, 240–
276–0115.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with NOTICES
I. Background
Healthcare providers, professionals,
and others use surgeons’ and/or patient
examination gloves (medical gloves) as
a barrier against the transmission of
blood- and fluid-borne pathogens.
Defects in medical gloves, such as holes,
can compromise the effectiveness of the
glove barrier integrity and pose a
potentially significant hazard to the
health of users as well as patients.
FDA’s Center for Devices and
Radiological Health (CDRH) is aware
from its import records that some
foreign manufacturers and shippers
repeatedly attempt to import into the
United States medical gloves that fail
water leak testing and therefore do not
meet the acceptable quality criteria
defined in 21 CFR 800.20. To address
this situation, FDA has devised a riskbased tiered process for placing medical
gloves from identified manufacturers/
shippers on an import alert, for
releasing individual shipments, and for
removing medical gloves from the
identified manufacturers/shippers from
the import alert and consequent
potential detention without physical
examination. The process involves three
levels of import surveillance and
detention that may be applied over a 24month import surveillance cycle.
This final guidance document
supersedes the draft guidance entitled
‘‘Surveillance and Detention Without
Physical Examination of Surgeons’ and/
or Patient Examination Gloves,’’ which
was announced in the Federal Register
of July 26, 2000 (65 FR 45991). The
comment period closed on October 24,
2000.
We received a small number of
comments, and FDA has made some
VerDate Aug<31>2005
17:19 Jul 10, 2008
Jkt 214001
changes to the final guidance document
based on these comments. One
comment indicated that the risk of
detention is greater for ‘‘high-volume’’
manufacturers because they have many
shipments and many FDA analyses in a
24-month period and therefore a greater
cumulative risk of ‘‘Type 1’’ statistical
sampling error resulting in some
shipments failing analyses even though
the shipments are acceptable. After
analyzing the import data, FDA agrees
that in theory such sampling errors are
possible, although FDA believes that
such errors are unlikely to affect most
medical glove manufacturers because
they appear to be producing medical
gloves at a defect rate well below the
acceptance criteria of the FDA test.
Nevertheless, the revised document
recognizes the opportunity for
manufacturers to present evidence to
FDA in support of a reconsideration of
their listing on the import alert if they
believe for any reason that this listing is
inappropriate, including as a result of
statistical sampling errors or because
previous defective shipments were
found during a previously concluded
import surveillance cycle.
Another change in the final guidance
is that the 24-month surveillance period
will start when a firm is placed on Level
1 rather than when a firm is removed
from Level 1, as was proposed in the
original draft guidance. This change is
being implemented to simplify the
process and provide a level playing field
for ‘‘low-volume’’ firms that export
shipments of gloves to the United States
less frequently than high-volume firms
and therefore generally take a longer
time to obtain a number of consecutive
passing entries sufficient for removal
from the import alert.
II. Significance of Guidance
This guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The guidance represents the agency’s
current thinking on ‘‘Surveillance and
Detention Without Physical
Examination of Surgeons’ and/or Patient
Examination Gloves.’’ It does not create
or confer any rights for or on any person
and does not operate to bind FDA or the
public. An alternative approach may be
used if such approach satisfies the
requirements of the applicable statute
and regulations.
III. Electronic Access
Persons interested in obtaining a copy
of the guidance may do so by using the
Internet. To receive ‘‘Surveillance and
Detention Without Physical
Examination of Surgeons’ and/or Patient
Examination Gloves,’’ you may either
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
39971
send an e-mail request to
dsmica@fda.hhs.gov to receive an
electronic copy of the document or send
a fax request to 240–276–3151 to receive
a hard copy. Please use the document
number 1141 to identify the guidance
you are requesting.
CDRH maintains an entry on the
Internet for easy access to information
including text, graphics, and files that
may be downloaded to a personal
computer with Internet access. Updated
on a regular basis, the CDRH home page
includes device safety alerts, Federal
Register reprints, information on
premarket submissions (including lists
of approved applications and
manufacturers’ addresses), small
manufacturer’s assistance, information
on video conferencing and electronic
submissions, Mammography Matters,
and other device-oriented information.
The CDRH Web site may be accessed at
https://www.fda.gov/cdrh. A search
capability for all CDRH guidance
documents is available at https://
www.fda.gov/cdrh/guidance.html.
Guidance documents are also available
at https://www.regulations.gov.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3501–3520). The collections of
information in 21 CFR part 820 have
been approved under OMB control
number 0910–0073.
The information collection
recommendations included in this
document as part of the strategy for
addressing further shipments of medical
gloves from manufacturers/shippers
who repeatedly export defective
medical gloves to the United States do
not require OMB clearance under the
PRA. These collections of information
are excepted from the requirements of
the PRA under 5 CFR 1320.4(a)(2) and
(c). The guidance recommends
information to be collected and
submitted to FDA ‘‘during the conduct
of an administrative action,
investigation, or audit involving the
agency against specific individuals’’ (5
CFR 1320.4(a)(2)) and ‘‘after a case file
or equivalent is opened with respect to
a particular party’’ (5 CFR 1320.4(c)) in
order for that specific party to rebut the
appearance of adulteration and
consequently obtain release of a
particular shipment of its medical
gloves or removal of its medical gloves
from listing on import alert.
E:\FR\FM\11JYN1.SGM
11JYN1
39972
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Notices
V. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
accepted by FDA only through FDMS at
https://www.regulations.gov.
Dated: July 1, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–15766 Filed 7–10–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Approaches to Reduce Risk of
Transfusion-Transmitted Babesiosis in
the United States; Public Workshop
AGENCY:
Food and Drug Administration,
HHS.
pwalker on PROD1PC71 with NOTICES
ACTION:
Notice of public workshop.
The Food and Drug Administration
(FDA) is announcing a public workshop
entitled ‘‘Approaches to Reduce the
Risk of Transfusion-Transmitted
Babesiosis in the United States.’’ The
purpose of the public workshop is to
discuss the risk and possible approaches
to minimize the incidence of
transfusion-transmitted babesiosis in the
United States. We are convening this
workshop at the present time because
FDA has observed a recent increase in
the number of reports of transfusiontransmitted babesiosis, thus warranting
additional discussion to address this
blood safety issue. The public workshop
will feature presentations and
roundtable discussions led by experts
from academic institutions, government,
and industry.
Date and Time: The public workshop
will be held on September 12, 2008,
from 7:30 a.m. to 5:30 p.m.
VerDate Aug<31>2005
17:19 Jul 10, 2008
Jkt 214001
Location: The public workshop will
be held at the Lister Hill Center
Auditorium, Bldg. 38A, National
Institutes of Health, 8800 Rockville
Pike, Bethesda, MD 20894.
Contact Person: Rhonda Dawson,
Center for Biologics Evaluation and
Research (HFM–302), Food and Drug
Administration, 1401 Rockville Pike,
suite 200N, Rockville, MD 20852–1448,
301–827–6129, FAX: 301–827–2843, email: rhonda.dawson@fda.hhs.gov.
Registration: Mail, fax or e-mail your
registration information (including
name, title, firm name, address,
telephone and fax numbers) to the
contact person by August 25, 2008.
There is no registration fee for the
public workshop. Early registration is
recommended because seating is limited
to 175 attendees. Registration on the day
of the public workshop will be provided
on a space available basis beginning at
7:30 a.m.
If you need special accommodations
due to a disability, please contact
Rhonda Dawson (see Contact Person) at
least 7 days in advance.
SUPPLEMENTARY INFORMATION: Babesiosis
is a malaria-like illness caused by
infection of erythrocytes with protozoan
parasites belonging to the genus
Babesia. Transfusion-transmitted
babesiosis is caused by transfusion of
blood or blood components collected
from donors infected with Babesia
parasites. During the last 40 years, more
than 60 cases of transfusion-transmitted
babesiosis have been recognized in the
United States. In fiscal years 2006 and
2007, FDA received a total of five
reports of fatal transfusion-transmitted
babesiosis (primary or contributory
cause of death) in the United States.
The public workshop will facilitate a
scientific discussion on approaches to
reduce the risk of transfusiontransmitted babesiosis in the United
States. Topics to be discussed include:
(1) Biology, pathogenesis, transmission
and epidemiology of babesiosis; (2) risk
of Babesia infections through
transfusion of blood and blood
components; (3) laboratory testing to
detect Babesia infections; and, (4)
possible approaches, including donor
testing and donor deferral, to reduce the
risk of transfusion-transmitted
babesiosis while maintaining blood
availability and safety.
Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
accepted by FDA only through FDMS at
https://www.regulations.gov.
Transcripts: Transcripts of the public
workshop may be requested in writing
from the Freedom of Information Office
(HFI–35), Food and Drug
Administration, 5600 Fishers Lane, rm.
6–30, Rockville, MD 20857,
approximately 15 working days after the
public workshop at a cost of 10 cents
per page. A transcript of the public
workshop will be available on the
Internet at https://www.fda.gov/cber/
minutes/workshop-min.htm.
Dated: July 2, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–15799 Filed 7–10–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
Request for Nominations for Voting
Members on Public Advisory
Committee, Food Advisory Committee
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
SUMMARY: The Food and Drug
Administration (FDA) is requesting
nominations for voting members to
serve on the Food Advisory Committee
(FAC), Center for Food Safety and
Applied Nutrition (CFSAN).
FDA has a special interest in ensuring
that women, minority groups, and
individuals with disabilities are
adequately represented on advisory
committees and, therefore, encourages
nominations of qualified candidates
from these groups.
DATES: Nominations received on or
before August 11, 2008 will be given
first consideration for membership on
the Food Advisory Committee.
Nominations received after August 11,
2008 will be considered for nomination
to the committee should nominees still
be needed.
ADDRESSES: All Nominations for
membership should be sent
electronically to CV@FDA.HHS.GOV or
by mail to: Advisory Committee
Oversight and Management Staff, 5600
Fisher Lane (HF–4), rm. 15A–12,
Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT:
Regarding all nomination questions for
membership, the primary contact is
Carolyn Jeletic, Center for Food Safety
and Applied Nutrition, 301–436–1913,
FAX: 301–436–2633, e-mail:
E:\FR\FM\11JYN1.SGM
11JYN1
Agencies
[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Notices]
[Pages 39970-39972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15766]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2008-D-0186] (formerly Docket No. 2000D-1384)
Guidance for Industry and Food and Drug Administration Staff;
Surveillance and Detention Without Physical Examination of Surgeons'
and/or Patient Examination Gloves; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Surveillance and Detention
Without Physical Examination of Surgeons' and/or Patient Examination
Gloves.'' This guidance document provides information to FDA staff and
industry about FDA's strategy for addressing further imports of
surgeons' and patient examination gloves (medical gloves) from
manufacturers/shippers whose medical gloves have failed to meet FDA's
minimum acceptable quality criteria. The guidance and the strategy are
intended to help assure that medical gloves imported to the United
States meet FDA's minimum acceptable quality criteria and do not have
defects that could compromise their effectiveness and pose a health
hazard to healthcare professionals and patients who rely on medical
gloves for protection from blood- and fluid-borne pathogens.
DATES: Submit written or electronic comments on this guidance at any
time. General comments on agency guidance documents are welcome at any
time.
ADDRESSES: Submit written requests for single copies of the guidance
document entitled ``Surveillance and Detention Without Physical
Examination of Surgeons' and/or Patient Examination Gloves'' to the
Division of Small Manufacturers, International, and Consumer Assistance
(HFZ-220), Center for Devices and Radiological Health, Food and Drug
Administration, 1350 Piccard Dr., Rockville, MD 20850. Send
[[Page 39971]]
one self-addressed adhesive label to assist that office in processing
your request, or fax your request to 240-276-3151. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
Submit written comments concerning this guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to https://www.regulations.gov. Identify comments with the docket number
found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Diane Goldsberry, Center for Devices
and Radiological Health (HFZ-333), Food and Drug Administration, 2094
Gaither Rd., Rockville, MD 20850, 240-276-0115.
SUPPLEMENTARY INFORMATION:
I. Background
Healthcare providers, professionals, and others use surgeons' and/
or patient examination gloves (medical gloves) as a barrier against the
transmission of blood- and fluid-borne pathogens. Defects in medical
gloves, such as holes, can compromise the effectiveness of the glove
barrier integrity and pose a potentially significant hazard to the
health of users as well as patients.
FDA's Center for Devices and Radiological Health (CDRH) is aware
from its import records that some foreign manufacturers and shippers
repeatedly attempt to import into the United States medical gloves that
fail water leak testing and therefore do not meet the acceptable
quality criteria defined in 21 CFR 800.20. To address this situation,
FDA has devised a risk-based tiered process for placing medical gloves
from identified manufacturers/shippers on an import alert, for
releasing individual shipments, and for removing medical gloves from
the identified manufacturers/shippers from the import alert and
consequent potential detention without physical examination. The
process involves three levels of import surveillance and detention that
may be applied over a 24-month import surveillance cycle.
This final guidance document supersedes the draft guidance entitled
``Surveillance and Detention Without Physical Examination of Surgeons'
and/or Patient Examination Gloves,'' which was announced in the Federal
Register of July 26, 2000 (65 FR 45991). The comment period closed on
October 24, 2000.
We received a small number of comments, and FDA has made some
changes to the final guidance document based on these comments. One
comment indicated that the risk of detention is greater for ``high-
volume'' manufacturers because they have many shipments and many FDA
analyses in a 24-month period and therefore a greater cumulative risk
of ``Type 1'' statistical sampling error resulting in some shipments
failing analyses even though the shipments are acceptable. After
analyzing the import data, FDA agrees that in theory such sampling
errors are possible, although FDA believes that such errors are
unlikely to affect most medical glove manufacturers because they appear
to be producing medical gloves at a defect rate well below the
acceptance criteria of the FDA test. Nevertheless, the revised document
recognizes the opportunity for manufacturers to present evidence to FDA
in support of a reconsideration of their listing on the import alert if
they believe for any reason that this listing is inappropriate,
including as a result of statistical sampling errors or because
previous defective shipments were found during a previously concluded
import surveillance cycle.
Another change in the final guidance is that the 24-month
surveillance period will start when a firm is placed on Level 1 rather
than when a firm is removed from Level 1, as was proposed in the
original draft guidance. This change is being implemented to simplify
the process and provide a level playing field for ``low-volume'' firms
that export shipments of gloves to the United States less frequently
than high-volume firms and therefore generally take a longer time to
obtain a number of consecutive passing entries sufficient for removal
from the import alert.
II. Significance of Guidance
This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on ``Surveillance and Detention Without
Physical Examination of Surgeons' and/or Patient Examination Gloves.''
It does not create or confer any rights for or on any person and does
not operate to bind FDA or the public. An alternative approach may be
used if such approach satisfies the requirements of the applicable
statute and regulations.
III. Electronic Access
Persons interested in obtaining a copy of the guidance may do so by
using the Internet. To receive ``Surveillance and Detention Without
Physical Examination of Surgeons' and/or Patient Examination Gloves,''
you may either send an e-mail request to dsmica@fda.hhs.gov to receive
an electronic copy of the document or send a fax request to 240-276-
3151 to receive a hard copy. Please use the document number 1141 to
identify the guidance you are requesting.
CDRH maintains an entry on the Internet for easy access to
information including text, graphics, and files that may be downloaded
to a personal computer with Internet access. Updated on a regular
basis, the CDRH home page includes device safety alerts, Federal
Register reprints, information on premarket submissions (including
lists of approved applications and manufacturers' addresses), small
manufacturer's assistance, information on video conferencing and
electronic submissions, Mammography Matters, and other device-oriented
information. The CDRH Web site may be accessed at https://www.fda.gov/
cdrh. A search capability for all CDRH guidance documents is available
at https://www.fda.gov/cdrh/guidance.html. Guidance documents are also
available at https://www.regulations.gov.
IV. Paperwork Reduction Act of 1995
This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520).
The collections of information in 21 CFR part 820 have been approved
under OMB control number 0910-0073.
The information collection recommendations included in this
document as part of the strategy for addressing further shipments of
medical gloves from manufacturers/shippers who repeatedly export
defective medical gloves to the United States do not require OMB
clearance under the PRA. These collections of information are excepted
from the requirements of the PRA under 5 CFR 1320.4(a)(2) and (c). The
guidance recommends information to be collected and submitted to FDA
``during the conduct of an administrative action, investigation, or
audit involving the agency against specific individuals'' (5 CFR
1320.4(a)(2)) and ``after a case file or equivalent is opened with
respect to a particular party'' (5 CFR 1320.4(c)) in order for that
specific party to rebut the appearance of adulteration and consequently
obtain release of a particular shipment of its medical gloves or
removal of its medical gloves from listing on import alert.
[[Page 39972]]
V. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at https://www.regulations.gov.
Dated: July 1, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-15766 Filed 7-10-08; 8:45 am]
BILLING CODE 4160-01-S