Draft Guidance for Industry and Food and Drug Administration Staff; Medical Device Classification Product Codes; Availability, 125-126 [2011-33686]
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Notices
Respondent agrees to maintain
responsibility for compliance with the
agreed upon supervision plan;
(2) that any institution employing her
shall submit, in conjunction with each
application for PHS funds, or report,
manuscript, or abstract involving PHS
supported research in which
Respondent is involved, a certification
to ORI that the data provided by
Respondent are based on actual
experiments or are otherwise
legitimately derived and that the data,
procedures, and methodology were
accurately reported in the application,
report, manuscript, or abstract; and
(3) to exclude herself from serving in
any advisory capacity to PHS including,
but not limited to, service on any PHS
advisory committee, board, and/or peer
review committee, or as a consultant.
FOR FURTHER INFORMATION CONTACT:
Director, Division of Investigative
Oversight, Office of Research Integrity,
1101 Wootton Parkway, Suite 750,
Rockville, MD 20852, (240) 453–8800.
John Dahlberg,
Director, Division of Investigative Oversight,
Office of Research Integrity.
[FR Doc. 2011–33650 Filed 12–30–11; 8:45 am]
BILLING CODE 4150–31–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Notice is hereby given that
the Office of Research Integrity (ORI)
has taken final action in the following
case:
Mahesh Visvanathan, Ph.D., Kansas
University: Based on an inquiry
conducted and written admission
obtained by Kansas University (KU) and
additional analysis conducted by ORI in
its oversight review, ORI found that Dr.
Mahesh Visvanathan, Research
Assistant Professor in the K–INBRE 1
Bioinformatics Core Facility, KU,
engaged in research misconduct in
research supported by U.S. Public
Health Service (PHS) funds, specifically
the INBRE program of the National
Center for Research Resources (NCRR),
National Institutes of Health (NIH),
grant P20 RR016475.
Specifically, ORI found that
Respondent engaged in research
pmangrum on DSK3VPTVN1PROD with NOTICES
SUMMARY:
1 K–INBRE: The Kansas IDeA Network of
Biomedical Research Excellence, which is a
consortium of a number of schools and centers in
Kansas.
VerDate Mar<15>2010
15:13 Dec 30, 2011
Jkt 226001
misconduct by intentionally and
knowingly plagiarizing large amounts of
text from other writers’ published
papers without attribution or citation in
the following three (3) papers and one
(1) abstract. The specific published
documents as well as the relevant
source documents are:
• Visvanathan, M., Adagarla, B.,
Lushington, G., Sittampalam, S.,
Proceedings of the 2009 International
Joint Conference on Bioinformatics,
Systems, Biology and Intelligent
Computing, 2009, 494–497. Greater than
half (50%) of the total text was obtained
from (1) Yang, C.–S., Chuang, L.–Y., Ke,
C.–H., Yang, C.–H., International
Journal of Computer Science,
International Association of Engineers,
August 2008 35(3), (2) Goffard, N. and
Weiller, G., Nucleic Acids Research,
2007, 35L:W176– W18l, and (3) Chuang,
L.–Y., Yang, C.–H., Tu, C.–J., Yang, C.–
H., Proceedings of the Joint Conference
on Information Sciences, Atlantis Press,
October 2006.
Retracted: Retracted administratively
by IEEE on Jan 5, 2011 https://
ieeexplore.ieee.org/xpl/
freeabs_all.jsp?arnumber=5260432.
• Vijayan, A.; Skariah, B. E., Nair, B.;
Lushington, G., Subramanian, S.,
Visvanathan, M., Proceedings of the
IEEE International Conference on
Bioinformatics and Biomedicine
Workshop, 2009, BIBMW2009, 267–271.
Approximately 15%of the text was
plagiarized from Goffard, N. and
Weiller, G., Nucleic Acids Research,
2007, 35L:W176–W18l.
Retracted: Retracted administratively
by IEEE on Jan 5, 2011 https://
www.computer.org/portal/web/csdl/doi/
10.1109/BIBMW.2009.5332106.
• Visvanathan, M., Netzer, M., Seger,
M., Adagarla, B. S., Baumgartner, C.,
Sittampalam, S., Lushington, G.,
International Journal of Computational
Biology and Drug Design, 2009, 2,236–
251. A complete paragraph of the text
was plagiarized from Goffard, N. and
Weiller, G., Nucleic Acids Research,
2007, 35L:W176– W18l.
• Adagarla, B., Lushington, G.,
Visvanathan, M., ISMB International
Conference, January 2009; the entire
abstract for this poster was obtained by
plagiarizing text from Pihur, V., Datta,
S., Datta S., Genomics, 2003, 92:400–
403.
Dr. Visvanathan has entered into a
Voluntary Settlement Agreement
(Agreement) and has voluntarily agreed
for a period of two (2) years, beginning
on December 20, 2011:
(1) To have any PHS-supported
research supervised; ORI acknowledges
that Respondent’s research is currently
being supervised by KU; Respondent
PO 00000
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125
shall ensure that a plan for supervision
of his PHS-related duties is submitted to
ORI for approval either within two
weeks of this Agreement becoming final
or prior to receiving or applying for PHS
funds if such support is not current at
the time this Agreement is completed;
the supervision plan must be designed
to ensure the scientific integrity of his
research contribution; because of the
ongoing review of Respondent’s
research by KU, ORI will only require a
summary report on the first and second
anniversary of the Agreement detailing
how KU has ensured that Respondent’s
research and language in PHS grant
applications and reports of PHSsupported research have been verified to
be his own and accurately reported;
Respondent agrees to maintain
responsibility for compliance with the
agreed upon supervision plan;
(2) That this annual summary,
provided by any institution employing
him, shall provide assurance that each
application for PHS funds, or report,
manuscript, or abstract involving PHSsupported research in which
Respondent was involved, was based on
actual experiments or was otherwise
legitimately derived, that the data,
procedures, and methodology were
accurately reported in the application,
report, manuscript, or abstract, and that
the text in such submissions was his
own or properly cited the source of
copied language and ideas; and
(3) To exclude himself from serving in
any advisory capacity to PHS including,
but not limited to, service on any PHS
advisory committee, board, and/or peer
review committee, or as a consultant.
FOR FURTHER INFORMATION CONTACT:
Director, Division of Investigative
Oversight, Office of Research Integrity,
1101 Wootton Parkway, Suite 750,
Rockville, MD 20852. (240) 453–8800.
John Dahlberg,
Director, Division of Investigative Oversight,
Office of Research Integrity.
[FR Doc. 2011–33651 Filed 12–30–11; 8:45 am]
BILLING CODE 4150–31–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–D–0916]
Draft Guidance for Industry and Food
and Drug Administration Staff; Medical
Device Classification Product Codes;
Availability
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
E:\FR\FM\03JAN1.SGM
Notice.
03JAN1
126
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Notices
The Food and Drug
Administration (FDA) is announcing the
availability of the draft guidance
entitled ‘‘Medical Device Classification
Product Codes.’’ The purpose of the
guidance document is to educate
regulated industry and FDA Staff on
how, when, and why to use
classification product codes for medical
devices regulated by the Center for
Devices and Radiological Health (CDRH)
and the Center for Biologics Evaluation
and Research (CBER). This document
describes how classification product
codes are used in a variety of FDA
program areas to regulate and track
medical devices. This draft guidance is
not final nor is it in effect at this time.
DATES: Although you can comment on
any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency
considers your comment on this draft
guidance before it begins work on the
final version of the guidance, submit
either electronic or written comments
on the draft guidance by May 2, 2012.
ADDRESSES: Submit written requests for
single copies of the draft guidance
document entitled ‘‘Medical Device
Classification Product Codes’’ to the
Division of Small Manufacturers,
International, and Consumer Assistance,
Center for Devices and Radiological
Health, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 66,
Rm. 4613, Silver Spring, MD 20993–
0002 or Office of Communication,
Outreach and Development (HFM–40),
Center for Biologics Evaluation and
Research (CBER), Food and Drug
Administration, 1401 Rockville Pike,
suite 200N, Rockville, MD 20852–1448.
Send one self-addressed adhesive label
to assist the office in processing your
requests. Send one self-addressed
adhesive label to assist that office in
processing your request, or fax your
request to CDRH at (301) 847–8149. The
draft guidance may also be obtained by
mail by calling CBER at (800) 835–4709
or (301) 827–1800. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
guidance.
Submit electronic comments on the
draft guidance to https://
www.regulations.gov. Submit written
comments to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. Identify
comments with the docket number
found in brackets in the heading of this
document.
FOR FURTHER INFORMATION CONTACT:
Diane Garcia, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New
pmangrum on DSK3VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:13 Dec 30, 2011
Jkt 226001
Hampshire Ave., Bldg. 66, Rm. 1644,
Silver Spring, MD 20993–0002, (301)
796–6559; and
Stephen Ripley, Center for Biologics
Evaluation and Research (HFM–17),
Food and Drug Administration, 1401
Rockville Pike, Suite 200N, Rockville,
MD 20852, (301) 827–6210.
on medical device classification product
codes. 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.
I. Background
Since the May 28, 1976, Medical
Device Amendments were passed, the
Classification Regulation Panels (parts
862 through 892 (21 CFR parts 862
through 892)) have been the basis for the
CDRH’s Classification Product Code
structure and organization. These 16
Panels have largely been the driving
force for CDRH’s internal organizational
structure as well. Relying on the
Classification Regulation Panels
structure, CDRH created classification
product codes to assist in accurate
identification and tracking of current
medical devices and to allow for
tracking and easy reference of predicate
device types.
Classification product codes are a
method of classifying medical devices.
Medical device product codes consist of
a three-letter combination, which
associates a device’s type with a product
classification. Classification product
codes and information associated with
these devices, such as names and
attributes, are assigned by CDRH to
support their regulation.
The purpose of the guidance
document is to educate regulated
industry and FDA Staff on how, when,
and why to use classification product
codes for medical devices in a variety of
FDA program areas to regulate and track
medical devices. This document is
limited to medical devices as defined in
section 201(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C.
321(h)) and does not discuss
classification products codes used to
regulate non-medical electronic
radiation emitting products.
The scope of the guidance document
includes devices described in the
existing classification under parts 862
through 892. It also describes how
classification product codes are used for
CBER regulated devices, which
currently do not fall within this existing
classification. This guidance may also
be applicable to future devices. It also
covers unclassified devices and devices
not yet classified.
III. Electronic Access
II. Significance of Guidance
This draft guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized, will
represent the Agency’s current thinking
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
Persons interested in obtaining a copy
of the draft guidance may do so by using
the Internet. A search capability for all
CDRH guidance documents is available
at https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/
GuidanceDocuments/default.htm.
Guidance documents are also available
at https://www.regulations.gov or from
the CBER Internet site at https://
www.fda.gov/BiologicsBloodVaccines/
GuidanceComplianceRegulatory
Information/default.htm. To receive
‘‘Medical Device Classification Product
Codes,’’ you may either send an email
request to dsmica@fda.hhs.gov to
receive an electronic copy of the
document or send a fax request to (301)
847–8149 to receive a hard copy. Please
use the document number 1774 to
identify the guidance you are
requesting.
IV. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. Identify comments 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.
Dated: December 28, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices
and Radiological Health.
[FR Doc. 2011–33686 Filed 12–30–11; 8:45 am]
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Current List of Laboratories and
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Substance Abuse and Mental
Health Services Administration, HHS.
ACTION: Notice.
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[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Pages 125-126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33686]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2011-D-0916]
Draft Guidance for Industry and Food and Drug Administration
Staff; Medical Device Classification Product Codes; Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 126]]
SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the draft guidance entitled ``Medical Device
Classification Product Codes.'' The purpose of the guidance document is
to educate regulated industry and FDA Staff on how, when, and why to
use classification product codes for medical devices regulated by the
Center for Devices and Radiological Health (CDRH) and the Center for
Biologics Evaluation and Research (CBER). This document describes how
classification product codes are used in a variety of FDA program areas
to regulate and track medical devices. This draft guidance is not final
nor is it in effect at this time.
DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by May 2, 2012.
ADDRESSES: Submit written requests for single copies of the draft
guidance document entitled ``Medical Device Classification Product
Codes'' to the Division of Small Manufacturers, International, and
Consumer Assistance, Center for Devices and Radiological Health, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 4613,
Silver Spring, MD 20993-0002 or Office of Communication, Outreach and
Development (HFM-40), Center for Biologics Evaluation and Research
(CBER), Food and Drug Administration, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448. Send one self-addressed adhesive label to
assist the office in processing your requests. Send one self-addressed
adhesive label to assist that office in processing your request, or fax
your request to CDRH at (301) 847-8149. The draft guidance may also be
obtained by mail by calling CBER at (800) 835-4709 or (301) 827-1800.
See the SUPPLEMENTARY INFORMATION section for information on electronic
access to the guidance.
Submit electronic comments on the draft guidance to https://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT:
Diane Garcia, Center for Devices and Radiological Health, Food and Drug
Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1644, Silver
Spring, MD 20993-0002, (301) 796-6559; and
Stephen Ripley, Center for Biologics Evaluation and Research (HFM-17),
Food and Drug Administration, 1401 Rockville Pike, Suite 200N,
Rockville, MD 20852, (301) 827-6210.
I. Background
Since the May 28, 1976, Medical Device Amendments were passed, the
Classification Regulation Panels (parts 862 through 892 (21 CFR parts
862 through 892)) have been the basis for the CDRH's Classification
Product Code structure and organization. These 16 Panels have largely
been the driving force for CDRH's internal organizational structure as
well. Relying on the Classification Regulation Panels structure, CDRH
created classification product codes to assist in accurate
identification and tracking of current medical devices and to allow for
tracking and easy reference of predicate device types.
Classification product codes are a method of classifying medical
devices. Medical device product codes consist of a three-letter
combination, which associates a device's type with a product
classification. Classification product codes and information associated
with these devices, such as names and attributes, are assigned by CDRH
to support their regulation.
The purpose of the guidance document is to educate regulated
industry and FDA Staff on how, when, and why to use classification
product codes for medical devices in a variety of FDA program areas to
regulate and track medical devices. This document is limited to medical
devices as defined in section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) and does not discuss classification
products codes used to regulate non-medical electronic radiation
emitting products.
The scope of the guidance document includes devices described in
the existing classification under parts 862 through 892. It also
describes how classification product codes are used for CBER regulated
devices, which currently do not fall within this existing
classification. This guidance may also be applicable to future devices.
It also covers unclassified devices and devices not yet classified.
II. Significance of Guidance
This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on medical
device classification product codes. 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 draft guidance may do
so by using the Internet. A search capability for all CDRH guidance
documents is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance
documents are also available at https://www.regulations.gov or from the
CBER Internet site at https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. To receive
``Medical Device Classification Product Codes,'' you may either send an
email request to dsmica@fda.hhs.gov to receive an electronic copy of
the document or send a fax request to (301) 847-8149 to receive a hard
copy. Please use the document number 1774 to identify the guidance you
are requesting.
IV. Comments
Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments 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.
Dated: December 28, 2011.
Nancy K. Stade,
Deputy Director for Policy, Center for Devices and Radiological Health.
[FR Doc. 2011-33686 Filed 12-30-11; 8:45 am]
BILLING CODE 4160-01-P