Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Humanitarian Device Exemption Holders, Institutional Review Boards, Clinical Investigators, and Food and Drug Administration Staff: Humanitarian Device Exemption Regulation: Questions and Answers; Availability, 50214-50215 [E9-23521]

Download as PDF 50214 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 2011. A copy of the Committee charter can be obtained by contacting the Committee’s Executive Secretary. A copy of the Committee charter also can be obtained by accessing the FACA database that is maintained by the Committee Management Secretariat under the General Services Administration. The Web site address for the FACA database is https://fido.gov/ facadatabase. Dated: September 23, 2009. Penelope Slade-Sawyer, RADM, USPHS, Deputy Assistant Secretary for Health (Disease Prevention and Health Promotion), Office of Disease Prevention and Health Promotion. [FR Doc. E9–23539 Filed 9–29–09; 8:45 am] BILLING CODE 4150–32–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2008–D–0434] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Guidance for Humanitarian Device Exemption Holders, Institutional Review Boards, Clinical Investigators, and Food and Drug Administration Staff: Humanitarian Device Exemption Regulation: Questions and Answers; Availability AGENCY: Food and Drug Administration, HHS. CPrice-Sewell on DSKGBLS3C1PROD with NOTICES ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995. DATES: Fax written comments on the collection of information by October 30, 2009. ADDRESSES: To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202–395–6974, or e-mailed to oira_submission@omb.eop.gov. All comments should be identified with the OMB control number 0910–NEW and title Guidance for Humanitarian Device Exemption Holders, Institutional Review Boards, Clinical Investigators, and FDA Staff: Humanitarian Device Exemption Regulation: Questions and Answers; Availability. Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Denver Presley Jr., Office of Information Management (HFA–710), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–796–3793. SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance. Guidance for Humanitarian Device Exemption Holders, Institutional Review Boards, Clinical Investigators, and FDA Staff: Humanitarian Device Exemption Regulation: Questions and Answers—(OMB Control Number 0910– NEW) Title III of the Food and Drug Administration Amendments Act of 2007 (FDAAA) (Public Law 110–85) amended chapter V of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 351 et seq.) by inserting section 515A, Pediatric Uses of Devices (21 U.S.C. 360e–1). This new provision requires that new applications under section 520(m) of the act (21 U.S.C. 360j(m)) include both a description of any pediatric subpopulation that suffer from: (1) A disease or condition that the device is intended to treat, diagnose, or cure and (2) the number of affected pediatric patients. Title III of FDAAA also amended section 520(m) of the act as follows: Section 520(m)(6)(A)(ii) of the act provides that the Secretary of Health and Human Services will assign an annual distribution number (ADN) for devices indicated for use in a pediatric population or in a pediatric subpopulation. The ADN shall be based on the following information in a humanitarian device exemption (HDE) application: (1) The number of individuals affected by the disease or condition that such device is intended to treat, diagnose, or cure and of that number; (2) the number of individuals likely to use the device and (3) the number of devices reasonably necessary to to treat such individuals. Section 520(m)(6)(A)(iii) of the act provides that an HDE holder immediately notify the agency if the number of devices distributed during any calendar year exceeds the ADN. Section 520(m)(6)(C) of the act provides that an HDE holder may petition to modify the ADN if additional information on the number of individuals affected by the disease or condition arises. In the Federal Register of August 5, 2008 (73 FR 45460), FDA published a 60-day notice requesting public comment on the information collection provisions. Seven comments were received in response to the 60-day notice. Of the seven comments received, six related to the guidance and the information collection requests. We received one comment that did not address the content of the guidance nor the information collection. There were a number of comments received that clarified the reporting requirements for HDE holders and institutional review boards (IRBs). In response to these comments, FDA responded by referring to previously approved collections of information found in FDA regulations. The collections of information in 21 CFR 803.50 have been approved under OMB control number 0910–0437 and the collections of information in part 814 (21 CFR part 814) have been approved under OMB control number 0910–0332. FDA received comments that sought clarification regarding how an IRB distinguishes between the use of a humanitarian use device (HUD) and the study of an HUD in a clinical investigation. FDA responded by providing additional background information related to the collection of safety and effectiveness information related to clinical investigation for HDE approved indications and referring to previously approved collections of information found in FDA regulations. This collection of information is approved under OMB control number 0910–0078. FDA estimates the burden of this collection of information as follows: TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1 Section of the Federal Food, Drug, and Cosmetic Act No. of Respondents 515A(a)(2) VerDate Nov<24>2008 Annual Frequency per Response 5 14:56 Sep 29, 2009 Jkt 217001 PO 00000 Frm 00053 Total Annual Responses 1 Fmt 4703 Sfmt 4703 Hours per Response 5 E:\FR\FM\30SEN1.SGM Total Hours 100 30SEN1 500 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50215 TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued Section of the Federal Food, Drug, and Cosmetic Act No. of Respondents Annual Frequency per Response Total Annual Responses Hours per Response Total Hours 520(m)(6)(A)(ii) 3 1 3 50 150 520(m)(6)(A)(iii) 1 1 1 100 100 520(m)(6)(C) 5 1 5 100 500 Total CPrice-Sewell on DSKGBLS3C1PROD with NOTICES 1There 1,250 are no capital costs or operating and maintenance costs associated with this collection of information. FDA based these estimates on the number of original HDE applications that the Center for Devices and Radiological Health (CDRH) received in the period between October 1, 2004, and September 30, 2007. During that time, CDRH received 16 original HDE applications or about 5 per year. FDA estimates that for each year, CDRH will receive five HDE applications and that three of these applications will be indicated for pediatric use. One HDE holder will notify the agency that the number of devices distributed in the year has exceeded the ADN and five HDE holders will petition to have the ADN modified due to additional information on the number of individuals affected by the disease of condition. The draft guidance refers also to previously approved collections of information found in FDA regulations. The collections of information in 21 CFR part 803 have been approved under OMB control number 0910–0437; the collections of information in 21 CFR part 812 have been approved under OMB control number 0910–0078; the collections of information in 21 CFR part 807, subpart E have been approved under OMB control number 0910–0120; the collections of information in part 814, subparts A, B, and C have been approved under OMB control number 0910–0231; the collection of information in 21 CFR parts 50 and 56 have been approved under OMB control number 0910–0130; the collections of information in 21 CFR part 820 have been approved under OMB control number 0910–0073; the collections of information in part 814, subpart H have been approved under OMB control number 0910–0332; and the collection of information requirements in 21 CFR 10.30 have been approved under OMB control number 0910–0183. Dated: September 23, 2009. David Horowitz, Assistant Commissioner for Policy. [FR Doc. E9–23521 Filed 9–29–09; 8:45 am] BILLING CODE 4160–01–S VerDate Nov<24>2008 14:56 Sep 29, 2009 Jkt 217001 DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Government-Owned Inventions; Availability for Licensing AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: The inventions listed below are owned by an agency of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing. ADDRESSES: Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852–3804; telephone: 301/ 496–7057; fax: 301/402–0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications. Immortalized Transformed Lymphoblastoid Cell Lines From Patients with Francois-Neetens ¸ ´ Mouchetee Fleck Corneal Dystrophy (CFD) Description of Invention: Researchers at the National Eye Institute, NIH, have made available a set of immortalized transformed lymphoblastoid cell lines created from human T-lymphocytes obtained from patients with Francois¸ ´ Neetens Mouchetee Fleck Corneal Dystrophy (CFD). The cells were transformed with defective Epstein-Barr virus using established methods. CFD is a rare, autosomal dominant corneal dystrophy characterized by numerous small white flecks scattered PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 in all layers of the stroma. CFD has been associated with mutations in the PIP5K3 protein, which is important for postGolgi vesicle processing. Applications: • Useful in the study of proteins expressed by lymphocytes, including in some cases the protein encoded by the mutant gene KCNJ13. • Useful as a renewable source of DNA for genetic studies related to CFD or the PIP5K3 protein. Inventors: J. Fielding Hejtmancik and Xiaodong Jiao (NEI). Relevant Publications: 1. S Li et al. Mutations in PIP5K3 are associated with Francois-Neetens ¸ ´ mouchetee fleck corneal dystrophy. Am J Hum Genet. 2005 Jul;77(1):54–63. 2. X Jiao et al. Genetic linkage of ´ Francois-Neetens fleck (mouchetee) corneal dystrophy to chromosome 2q35. Hum Genet. 2003 May; 112(5–6):593– 599. Patent Status: HHS Reference No. E– 270–2009/0—Research Tool. Patent protection is not being pursued for this technology. Licensing Status: Available for licensing under a biological material license. Licensing Contact: Patrick P. McCue, PhD; 301–435–5560; mccuepat@mail.nih.gov. Novel Chemoattractant-Based Toxins to Improve Vaccine Immune Responses for Cancer and Infectious Diseases Description of Invention: Cancer is one of the leading causes of death in United States and it is estimated that there will be more than half a million deaths caused by cancer in 2009. A major drawback of the current chemotherapy-based therapeutics is the cytotoxic side-effects associated with them. Thus there is a dire need to develop new therapeutic strategies with fewer side-effects. Immunotherapy has taken a lead among the new therapeutic approaches. Enhancing the innate immune response of an individual has been a key approach for the treatment against different diseases such as cancer and infectious diseases. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50214-50215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23521]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0434]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Guidance for 
Humanitarian Device Exemption Holders, Institutional Review Boards, 
Clinical Investigators, and Food and Drug Administration Staff: 
Humanitarian Device Exemption Regulation: Questions and Answers; 
Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
proposed collection of information has been submitted to the Office of 
Management and Budget (OMB) for review and clearance under the 
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October 
30, 2009.

ADDRESSES:  To ensure that comments on the information collection are 
received, OMB recommends that written comments be faxed to the Office 
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, 
FAX: 202-395-6974, or e-mailed to oira_submission@omb.eop.gov. All 
comments should be identified with the OMB control number 0910-NEW and 
title Guidance for Humanitarian Device Exemption Holders, Institutional 
Review Boards, Clinical Investigators, and FDA Staff: Humanitarian 
Device Exemption Regulation: Questions and Answers; Availability. Also 
include the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT:  Denver Presley Jr., Office of 
Information Management (HFA-710), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, 301-796-3793.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has 
submitted the following proposed collection of information to OMB for 
review and clearance.

Guidance for Humanitarian Device Exemption Holders, Institutional 
Review Boards, Clinical Investigators, and FDA Staff: Humanitarian 
Device Exemption Regulation: Questions and Answers--(OMB Control Number 
0910-NEW)

    Title III of the Food and Drug Administration Amendments Act of 
2007 (FDAAA) (Public Law 110-85) amended chapter V of the Federal Food, 
Drug, and Cosmetic Act (the act) (21 U.S.C. 351 et seq.) by inserting 
section 515A, Pediatric Uses of Devices (21 U.S.C. 360e-1).
    This new provision requires that new applications under section 
520(m) of the act (21 U.S.C. 360j(m)) include both a description of any 
pediatric subpopulation that suffer from: (1) A disease or condition 
that the device is intended to treat, diagnose, or cure and (2) the 
number of affected pediatric patients.
    Title III of FDAAA also amended section 520(m) of the act as 
follows:
    Section 520(m)(6)(A)(ii) of the act provides that the Secretary of 
Health and Human Services will assign an annual distribution number 
(ADN) for devices indicated for use in a pediatric population or in a 
pediatric subpopulation. The ADN shall be based on the following 
information in a humanitarian device exemption (HDE) application: (1) 
The number of individuals affected by the disease or condition that 
such device is intended to treat, diagnose, or cure and of that number; 
(2) the number of individuals likely to use the device and (3) the 
number of devices reasonably necessary to to treat such individuals.
    Section 520(m)(6)(A)(iii) of the act provides that an HDE holder 
immediately notify the agency if the number of devices distributed 
during any calendar year exceeds the ADN.
    Section 520(m)(6)(C) of the act provides that an HDE holder may 
petition to modify the ADN if additional information on the number of 
individuals affected by the disease or condition arises.
    In the Federal Register of August 5, 2008 (73 FR 45460), FDA 
published a 60-day notice requesting public comment on the information 
collection provisions. Seven comments were received in response to the 
60-day notice. Of the seven comments received, six related to the 
guidance and the information collection requests. We received one 
comment that did not address the content of the guidance nor the 
information collection.
    There were a number of comments received that clarified the 
reporting requirements for HDE holders and institutional review boards 
(IRBs). In response to these comments, FDA responded by referring to 
previously approved collections of information found in FDA 
regulations. The collections of information in 21 CFR 803.50 have been 
approved under OMB control number 0910-0437 and the collections of 
information in part 814 (21 CFR part 814) have been approved under OMB 
control number 0910-0332. FDA received comments that sought 
clarification regarding how an IRB distinguishes between the use of a 
humanitarian use device (HUD) and the study of an HUD in a clinical 
investigation. FDA responded by providing additional background 
information related to the collection of safety and effectiveness 
information related to clinical investigation for HDE approved 
indications and referring to previously approved collections of 
information found in FDA regulations. This collection of information is 
approved under OMB control number 0910-0078.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              No. of         Annual Frequency       Total Annual        Hours per
  Section of the Federal Food, Drug, and Cosmetic Act      Respondents         per Response          Responses           Response         Total Hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
515A(a)(2)                                                              5                     1                  5                100                500
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 50215]]

 
520(m)(6)(A)(ii)                                                        3                     1                  3                 50                150
--------------------------------------------------------------------------------------------------------------------------------------------------------
520(m)(6)(A)(iii)                                                       1                     1                  1                100                100
--------------------------------------------------------------------------------------------------------------------------------------------------------
520(m)(6)(C)                                                            5                     1                  5                100                500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total                                                                                                                                              1,250
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA based these estimates on the number of original HDE 
applications that the Center for Devices and Radiological Health (CDRH) 
received in the period between October 1, 2004, and September 30, 2007. 
During that time, CDRH received 16 original HDE applications or about 5 
per year.
    FDA estimates that for each year, CDRH will receive five HDE 
applications and that three of these applications will be indicated for 
pediatric use. One HDE holder will notify the agency that the number of 
devices distributed in the year has exceeded the ADN and five HDE 
holders will petition to have the ADN modified due to additional 
information on the number of individuals affected by the disease of 
condition.
    The draft guidance refers also to previously approved collections 
of information found in FDA regulations. The collections of information 
in 21 CFR part 803 have been approved under OMB control number 0910-
0437; the collections of information in 21 CFR part 812 have been 
approved under OMB control number 0910-0078; the collections of 
information in 21 CFR part 807, subpart E have been approved under OMB 
control number 0910-0120; the collections of information in part 814, 
subparts A, B, and C have been approved under OMB control number 0910-
0231; the collection of information in 21 CFR parts 50 and 56 have been 
approved under OMB control number 0910-0130; the collections of 
information in 21 CFR part 820 have been approved under OMB control 
number 0910-0073; the collections of information in part 814, subpart H 
have been approved under OMB control number 0910-0332; and the 
collection of information requirements in 21 CFR 10.30 have been 
approved under OMB control number 0910-0183.

    Dated: September 23, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-23521 Filed 9-29-09; 8:45 am]
BILLING CODE 4160-01-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.