Clinical Flow Cytometry in Hematologic Malignancies; Public Workshop; Request for Comments, 5186-5188 [2013-01419]
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
how properties of the device may affect
this demonstration; and (4) for the
purpose of a HUD designation request,
delineating a medically plausible subset
(‘‘orphan subset’’) of persons with a
given disease or condition that affects or
is manifested in 4,000 individuals or
more in the United States per year.
Devices that receive HUD designation
may be eligible for marketing approval
under an HDE application. An HDE
application is a premarketing
application that is similar to a
premarket approval (PMA) application
in that the applicant must demonstrate
a reasonable assurance of safety, but in
an HDE application, the applicant seeks
an exemption from the PMA
requirement of demonstrating a
reasonable assurance of effectiveness. A
device that has received HUD
designation is eligible for HDE approval
if, among other criteria, the device will
not expose patients to an unreasonable
or significant risk of illness or injury
and the probable benefit to health from
use of the device outweighs the risk of
injury or illness from its use, taking into
account the probable risks and benefits
of currently available devices or
alternative forms of treatment. (See
section 520(m)(2)(C) of the FD&C Act;
21 CFR 814.104(b)(2).) Although a HUD
designation from OOPD is a prerequisite
to submitting an HDE application to the
Center for Devices and Radiological
Health or the Center for Biologics
Evaluation and Research, it does not by
itself guarantee approval of the HDE
application.
In the Federal Register of December
13, 2011 (76 FR 77542), FDA issued for
public comment ‘‘Draft Guidance for
Industry and Food and Drug
Administration Staff on Humanitarian
Use Devices Designations’’ dated
December 2011. The Agency issued this
draft guidance with the aim of assisting
sponsors in the preparation and
submission of HUD designation requests
by, among other things, providing
clarity on particular elements of HUD
designation requests that had
historically caused confusion among
sponsors. In particular, the draft
guidance focused on the disease or
condition that the device treats or
diagnoses, population estimates, orphan
subsets, device descriptions, scientific
rationales, and supporting
documentation.
We received several comments on the
draft guidance. Most comments
appreciated the clarification and
explanation provided by the draft
guidance. Several comments made
recommendations to improve clarity.
FDA is issuing the draft guidance in
final form with minor revisions to
VerDate Mar<15>2010
15:12 Jan 23, 2013
Jkt 229001
improve clarity. 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 HUD
designation requests. 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 statutes
and regulations.
II. Comments
Interested persons may submit either
written comments regarding this
document to the Division of Dockets
Management (see ADDRESSES) or
electronic comments to https://
www.regulations.gov. 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, and
will be posted to the docket at https://
www.regulations.gov.
III. Electronic Access
Persons with access to the Internet
may obtain this guidance document at
either: https://www.fda.gov/Biologics
BloodVaccines/GuidanceCompliance
RegulatoryInformation/Guidances/
default.htm, https://www.fda.gov/
MedicalDevices/DeviceRegulationand
Guidance/GuidanceDocuments/
default.htm, https://www.fda.gov/For
Industry/DevelopingProductsforRare
DiseasesConditions/default.htm, or
https://www.regulations.gov.
Dated: January 18, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–01420 Filed 1–23–13; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2013–N–0046]
Clinical Flow Cytometry in
Hematologic Malignancies; Public
Workshop; Request for Comments
AGENCY:
Food and Drug Administration,
HHS.
Notice of public workshop;
request for comments.
ACTION:
The Food and Drug Administration
(FDA) is announcing the following
public workshop entitled ‘‘Clinical Flow
Cytometry in Hematologic
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Malignancies.’’ The purpose of this
public workshop is to seek public input
from academia, Government,
laboratorians, industry, clinicians,
patients and other stakeholders on the
role of clinical flow cytometry in
hematologic malignancies, in order to
develop a specific regulatory policy for
this class of in vitro diagnostic devices.
Date and Time: The workshop will be
held on February 25 and 26, 2013 from
8 a.m. to 5 p.m.
Location: The public workshop will
be held at FDA’s White Oak Campus,
10903 New Hampshire Ave., Rm. 1503
(Section A of the Great Room) in Bldg.
31, Silver Spring, MD 20993–0002. All
visiting public workshop participants
(non- FDA employees) must enter
through Building 1 for routine security
check procedures. For parking and
security information, please visit the
following Web site: https://www.fda.gov/
AboutFDA/WorkingatFDA/
BuildingsandFacilities/
WhiteOakCampusInformation/
ucm241740.htm.
Contact Person: Carol Krueger, Center
for Devices and Radiological Health
(CDRH), Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 66,
Rm. 5437, Silver Spring, MD 20993–
0002, 301–796–3241,
Carol.Krueger@fda.hhs.gov.
Registration: Registration is free and
on a first-come, first-served basis.
Persons interested in attending this
public workshop must register online by
5 p.m. on February 11, 2013. Early
registration is recommended because
facilities are limited and, therefore, FDA
may limit the number of participants
from each organization. If time and
space permit, onsite registration on the
day of the public workshop will be
provided beginning at 7 a.m.
To register for the public workshop,
please visit FDA’s Medical Devices
News & Events—Workshops &
Conferences calendar at https://
www.fda.gov/MedicalDevices/
NewsEvents/WorkshopsConferences/
default.htm. (Select this public
workshop from the posted events list.)
Please provide complete contact
information for each attendee, including
name, title, affiliation, mailing address,
email address, and telephone number.
Those without Internet access should
contact Carol Krueger to register (see
Contact Person). Registrants will receive
confirmation after they have been
accepted. You will be notified if you are
on a waiting list.
If you need special accommodations
due to a disability, please contact Susan
Monahan (email:
Susan.Monahan@fda.hhs.gov or phone:
E:\FR\FM\24JAN1.SGM
24JAN1
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
301–796–5661) no later than February
11, 2013.
Streaming Webcast of the Public
Workshop: This workshop will also be
available via Webcast. Persons
interested in viewing the Webcast must
register online by 5:00 p.m. on February
11, 2013. Early registration is
recommended because Webcast
connections are limited. Organizations
are requested to register all participants,
but to view using one connection per
location. Webcast participants will be
sent technical system requirements after
registration and will be sent connection
access information after February 20,
2013. If you have never attended a
Connect Pro event before, test your
connection at https://
collaboration.fda.gov/common/help/en/
support/meeting_test.htm. To get a
quick overview of the Connect Pro
program, visit https://www.adobe.com/
go/connectpro_overview. (FDA has
verified the Web site addresses in this
document, but FDA is not responsible
for any subsequent changes to the Web
sites after this document publishes in
the Federal Register.)
Requests for Oral Presentations: This
workshop includes public comment
sessions. If you wish to present during
a public comment session, you must
indicate this at the time of registration.
At the time of registration identify
which discussion topic you wish to
address. The topics under consideration
for this workshop are identified in
section II of this document. FDA will do
its best to accommodate requests to
present. Individuals and organizations
with common interests are urged to
consolidate or coordinate their
comments, and request time to present
a joint comment. Following the close of
registration, the Agency will determine
the amount of time allotted to each
presenter, the approximate time each
comment is to begin, and will select and
notify speakers by February 20, 2013.
All requests to make oral presentations
must be received by the close of
registration on February 11, 2013. No
commercial or promotional material
will be permitted to be presented or
distributed at the workshop.
Comments: FDA is holding this public
workshop to obtain information on the
topics identified in section II of this
document.
In order to permit the widest possible
opportunity to obtain public comment,
FDA is soliciting either electronic or
written comments on all aspects of the
public workshop topics. The deadline
for submitting comments related to this
public workshop is March 29, 2013.
Regardless of attendance at the public
workshop, interested persons may
VerDate Mar<15>2010
15:12 Jan 23, 2013
Jkt 229001
submit either electronic or written
comments. Submit electronic comments
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. It
is only necessary to send one set of
comments. Please identify comments
with the docket number found in
brackets in the heading of this
document. In addition, when
responding to specific questions as
outlined in section II of this document,
please identify the question you are
addressing. Received comments may be
seen in the Division of Dockets
Management between 9:00 a.m. and 4:00
p.m., Monday through Friday and will
be posted to the docket at https://
www.regulations.gov.
Transcripts: Please be advised that as
soon as a transcript is available, it will
be accessible at https://
www.regulations.gov. It may be viewed
at the Division of Dockets Management
(see Comments). A transcript will also
be available in either hardcopy or on
CD–ROM, after submission of a
Freedom of Information request. Written
requests are to be sent to the Division
of Freedom of Information (ELEM–
1029), Food and Drug Administration,
12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857. A link to the
transcripts will also be available
approximately 45 days after the public
workshop on the Internet at https://
www.fda.gov/MedicalDevices/
NewsEvents/WorkshopsConferences/
default.htm. (Select this public
workshop from the posted events list).
SUPPLEMENTARY INFORMATION:
I. Background
The earliest determination of B and T
cell subsets was based on microscopic
counting of cells expressing surface
immunoglobulins for B cell
enumeration, and sheep red blood cells
rosette formation was used to enumerate
T cells. The subsequent development of
leukocyte-specific monoclonal
antibodies and flow cytometry
contributed to the automation of
lymphocyte subset analysis. Flow
cytometric lymphocyte subset analysis
was initially used to immunophenotype
hematological malignancies; however,
the HIV epidemic led to a large number
of 510(k) submissions addressing use for
HIV immune monitoring in AIDS.
In response to these submissions,
Draft Guidance for 510(k) Submission of
Lymphocyte Immunophenotyping
Monoclonal Antibodies was issued
September 26, 1991. Prior to this draft
document, reagents for CD2 and CD20
were 510(k) cleared based on
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
5187
methodological correlation with
accepted reference methods. Following
the issuance of the 1991 draft guidance,
several test systems identifying CD3 T
cells, CD4 and CD8 T cell subsets, NK
cells and B cells were cleared under
510(k), with either single reagents or
combination of reagents based on the
previous clearance of CD2 and CD20
reagents. These clearances for flow
cytometry system devices included flow
cytometers, reagents, controls, and
associated software for data acquisition
and data analysis.
In 1997, the FDA issued the Analyte
Specific Reagent (ASR) Rule (21 CFR
864.4020) to provide some assurance
that 1) critical reagents manufacturers
provided to laboratories for use in tests
developed by the laboratories were
made under current Good
Manufacturing Practices (cGMP), 2)
manufacturers registered with the FDA
and listed such reagents, and 3)
manufacturers reported malfunctions,
injuries and deaths related to the use of
such reagents to the FDA (62 FR 62260,
November 21, 1997). Subsequent to
publication of the ASR rule in 1997,
some manufacturers began to bundle
individual ASRs together in the form of
reagent panels (‘‘cocktails’’) creating
devices that went beyond the single
reagent ASRs that the rule had
anticipated. In 2007, the Agency
reiterated and clarified the intentions of
the ASR rule in the Guidance for
Industry and FDA Staff on
Commercially Distributed Analyte
Specific Reagents (ASRs): Frequently
Asked Questions https://www.fda.gov/
MedicalDevices/
DeviceRegulationandGuidance/
GuidanceDocuments/ucm078423.htm.
The 2007 guidance clarifies that the
bundling of ASRs into a panel of multianalytes is inconsistent with the
definition of an ASR per 21 CFR
864.4020. Subsequent to issuance of the
guidance, many uncleared, multianalyte panels were withdrawn from
distribution in order to comply with the
interpretation of the ‘‘ASR rule.’’
Clinical flow cytometry plays a major
role world-wide in the diagnosis of
leukemia and lymphoma and more
recently in the detection of minimal
residual disease (MRD). Because there
are currently no FDA cleared or
approved in vitro diagnostics (IVD)
panels for the diagnostic evaluation of
hematological malignancies, FDA
recognizes that there is an unmet need
for such products to assist clinical
laboratories in performing this testing.
FDA has been working to define the
regulatory guidelines for the review of
this family of devices and has been
actively working with industry and
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Federal Register / Vol. 78, No. 16 / Thursday, January 24, 2013 / Notices
academia to help bring additional
products for clinical flow cytometry to
market that are safe and effective.
In partnership with the National
Institutes of Health (NIH) and National
Institute of Standards and Technology
(NIST), CDRH intends to utilize the
findings of this workshop in the
development of an appropriate, riskbased regulatory framework for Clinical
Flow Cytometry, which promotes
innovation and protects patient safety.
II. Topics
Topics for discussion during this
workshop include: (1) Overview of
Quality control and standardization
issues associated with Clinical Flow
Cytometry (FCM), including discussion
of a NIST traceable standard; (2)
Biological controls in Clinical FCM: The
use of stabilized whole blood samples
and cryopreserved cells for normals and
chronic lymphocytic leukemia (CLL); (3)
Third-party flow cytometry data
analysis software; and (4) Overview of
FDA regulation of Clinical FCM using
the 510(k) clearance process.
The FDA is seeking representation
from both North American and
European clinical investigators at this
workshop. This Clinical FCM Workshop
is being planned to occur just prior to
a CDER Workshop on the role of MRD
in CLL which will be held February 27,
2013 (77 FR 76051, December 26, 2012).
An FDA workshop for acute
lymphocytic leukemia (ALL) MRD was
held April 18, 2012, and a separate
workshop on acute myelogenous
leukemia (AML) MRD will be held
March 4, 2013 (77 FR 76050, December
26, 2012).
Dated: January 17, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–01419 Filed 1–23–13; 8:45 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Proposed Collection; Comment
Request: The Jackson Heart Study
(JHS)
Summary: Under the provisions of
Section 3507(a)(1)(D) of the Paperwork
Reduction Act of 1995, the National
Heart, Lung, and Blood Institute
(NHLBI), the National Institutes of
Health (NIH) has submitted to the Office
of Management and Budget (OMB) a
request for review and approval the
information collection listed below.
This proposed information collection
was previously published in the Federal
Register on October 24, 2012, pages
65001–2, and allowed 60-days for
public comment. No comments were
received. The purpose of this notice is
to allow an additional 30 days for public
comment. The National Institutes of
Health may not conduct or sponsor, and
the respondent is not required to
respond to, an information collection
that has been extended, revised, or
implemented on or after October 1,
1995, unless it displays a currently valid
OMB control number.
Proposed Collection: Title: The
Jackson Heart Study: Annual Follow-up
with Third Party Respondents. Type of
Information Collection Request:
Revision of a currently approved
collection (OMB NO. 0925–0491). Need
and Use of Information Collection: This
project involves annual follow-up by
telephone of participants in the JHS
study, review of their medical records,
and interviews with doctors and family
to identify disease occurrence.
Interviewers will contact doctors and
hospitals to ascertain participants’
cardiovascular events. Information
gathered will be used to further describe
the risk factors, occurrence rates, and
consequences of cardiovascular disease
in African American men and women.
Recruitment of 5,500 JHS participants
began in September 2000 and was
completed in March 2004. 5,302
participants completed a baseline Exam
1 that included demographics,
psychosocial inventories, medical
history, anthropometry, resting and
ambulatory blood pressure, phlebotomy
and 24-hour urine collection, ECG,
echocardiography, and pulmonary
function. JHS Exam 2 began September
26 2005, followed by a more
comprehensive Exam 3 that began in
February 2009. The two new exams
include some repeated measures from
Exam 1 and several new components,
including distribution of self-monitoring
blood pressure devices. The
continuation of the study allows
continued assessment of subclinical
coronary disease, left ventricular
dysfunction, progression of carotid
atherosclerosis and left ventricular
hypertrophy, and responses to stress,
racism, and discrimination as well as
new components such as renal disease,
body fat distribution and body
composition, and metabolic
consequences of obesity. The JHS
Community Health Advisor Networks
(CHANs) comprise another component
of the study. The JHS data shows high
prevalence of risk factors: 73% of
recruited participants are hypertensive,
29% are diabetic, 56% are obese (BMI
> 30kg/m2), and 30% have the
metabolic syndrome. Exploration of the
impact on and interaction of high risk
factor levels with other measures of
clinical and subclinical disease will
help identify unique approaches
through epidemiology and prevention
research to reduce the disproportionate
burden of CVD in African-Americans. .
The JHS CHANs play an important role
to address CVD prevention by providing
training to community members to
spread health promotion and prevention
messages within the Jackson
community. The JHS Community Health
Advisors (CHAs) are trained and
certified to organize and conduct
various outreach activities in five
Jackson-area communities. Data on the
JHS CHAs will be collected. Frequency
of Response: One-time. Affected Public:
Individuals or households; Businesses
or other for profit; not-for-profit
institutions. Type of Respondents:
Middle aged and elderly adults; doctors
and staff of hospitals and nursing
homes. The annual reporting burden is
as follows: Estimated Number of
Respondents: 478; Estimated Number of
Responses per Respondent: 1.0; Average
Burden Hours Per Response: 2.47); and
Estimated Total Annual Burden Hours
Requested: 1253. The annualized cost to
respondents is estimated at $24,206.
There are no Capital Costs to report.
There are no Operating or Maintenance
Costs to report.
erowe on DSK2VPTVN1PROD with
ESTIMATE OF ANNUAL HOUR BURDEN
Number of
respondents
Type of respondents
Families ............................................................................................
Physicians ........................................................................................
Communities:
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15:12 Jan 23, 2013
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PO 00000
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Fmt 4703
Frequency of
responses
200
200
Sfmt 4703
E:\FR\FM\24JAN1.SGM
Average time
per response
1
1
24JAN1
1/6
15/60
Annual hour
burden
33
50
Agencies
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5186-5188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01419]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2013-N-0046]
Clinical Flow Cytometry in Hematologic Malignancies; Public
Workshop; Request for Comments
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice of public workshop; request for comments.
-----------------------------------------------------------------------
The Food and Drug Administration (FDA) is announcing the following
public workshop entitled ``Clinical Flow Cytometry in Hematologic
Malignancies.'' The purpose of this public workshop is to seek public
input from academia, Government, laboratorians, industry, clinicians,
patients and other stakeholders on the role of clinical flow cytometry
in hematologic malignancies, in order to develop a specific regulatory
policy for this class of in vitro diagnostic devices.
Date and Time: The workshop will be held on February 25 and 26,
2013 from 8 a.m. to 5 p.m.
Location: The public workshop will be held at FDA's White Oak
Campus, 10903 New Hampshire Ave., Rm. 1503 (Section A of the Great
Room) in Bldg. 31, Silver Spring, MD 20993-0002. All visiting public
workshop participants (non- FDA employees) must enter through Building
1 for routine security check procedures. For parking and security
information, please visit the following Web site: https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.
Contact Person: Carol Krueger, Center for Devices and Radiological
Health (CDRH), Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 66, Rm. 5437, Silver Spring, MD 20993-0002, 301-796-3241,
Carol.Krueger@fda.hhs.gov.
Registration: Registration is free and on a first-come, first-
served basis. Persons interested in attending this public workshop must
register online by 5 p.m. on February 11, 2013. Early registration is
recommended because facilities are limited and, therefore, FDA may
limit the number of participants from each organization. If time and
space permit, onsite registration on the day of the public workshop
will be provided beginning at 7 a.m.
To register for the public workshop, please visit FDA's Medical
Devices News & Events--Workshops & Conferences calendar at https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm.
(Select this public workshop from the posted events list.) Please
provide complete contact information for each attendee, including name,
title, affiliation, mailing address, email address, and telephone
number. Those without Internet access should contact Carol Krueger to
register (see Contact Person). Registrants will receive confirmation
after they have been accepted. You will be notified if you are on a
waiting list.
If you need special accommodations due to a disability, please
contact Susan Monahan (email: Susan.Monahan@fda.hhs.gov or phone:
[[Page 5187]]
301-796-5661) no later than February 11, 2013.
Streaming Webcast of the Public Workshop: This workshop will also
be available via Webcast. Persons interested in viewing the Webcast
must register online by 5:00 p.m. on February 11, 2013. Early
registration is recommended because Webcast connections are limited.
Organizations are requested to register all participants, but to view
using one connection per location. Webcast participants will be sent
technical system requirements after registration and will be sent
connection access information after February 20, 2013. If you have
never attended a Connect Pro event before, test your connection at
https://collaboration.fda.gov/common/help/en/support/meeting_test.htm.
To get a quick overview of the Connect Pro program, visit https://www.adobe.com/go/connectpro_overview. (FDA has verified the Web site
addresses in this document, but FDA is not responsible for any
subsequent changes to the Web sites after this document publishes in
the Federal Register.)
Requests for Oral Presentations: This workshop includes public
comment sessions. If you wish to present during a public comment
session, you must indicate this at the time of registration. At the
time of registration identify which discussion topic you wish to
address. The topics under consideration for this workshop are
identified in section II of this document. FDA will do its best to
accommodate requests to present. Individuals and organizations with
common interests are urged to consolidate or coordinate their comments,
and request time to present a joint comment. Following the close of
registration, the Agency will determine the amount of time allotted to
each presenter, the approximate time each comment is to begin, and will
select and notify speakers by February 20, 2013. All requests to make
oral presentations must be received by the close of registration on
February 11, 2013. No commercial or promotional material will be
permitted to be presented or distributed at the workshop.
Comments: FDA is holding this public workshop to obtain information
on the topics identified in section II of this document.
In order to permit the widest possible opportunity to obtain public
comment, FDA is soliciting either electronic or written comments on all
aspects of the public workshop topics. The deadline for submitting
comments related to this public workshop is March 29, 2013.
Regardless of attendance at the public workshop, interested persons
may submit either electronic or written comments. Submit electronic
comments 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. It is only necessary
to send one set of comments. Please identify comments with the docket
number found in brackets in the heading of this document. In addition,
when responding to specific questions as outlined in section II of this
document, please identify the question you are addressing. Received
comments may be seen in the Division of Dockets Management between 9:00
a.m. and 4:00 p.m., Monday through Friday and will be posted to the
docket at https://www.regulations.gov.
Transcripts: Please be advised that as soon as a transcript is
available, it will be accessible at https://www.regulations.gov. It may
be viewed at the Division of Dockets Management (see Comments). A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to the Division of Freedom of Information (ELEM-1029),
Food and Drug Administration, 12420 Parklawn Dr., Element Bldg.,
Rockville, MD 20857. A link to the transcripts will also be available
approximately 45 days after the public workshop on the Internet at
https://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).
SUPPLEMENTARY INFORMATION:
I. Background
The earliest determination of B and T cell subsets was based on
microscopic counting of cells expressing surface immunoglobulins for B
cell enumeration, and sheep red blood cells rosette formation was used
to enumerate T cells. The subsequent development of leukocyte-specific
monoclonal antibodies and flow cytometry contributed to the automation
of lymphocyte subset analysis. Flow cytometric lymphocyte subset
analysis was initially used to immunophenotype hematological
malignancies; however, the HIV epidemic led to a large number of 510(k)
submissions addressing use for HIV immune monitoring in AIDS.
In response to these submissions, Draft Guidance for 510(k)
Submission of Lymphocyte Immunophenotyping Monoclonal Antibodies was
issued September 26, 1991. Prior to this draft document, reagents for
CD2 and CD20 were 510(k) cleared based on methodological correlation
with accepted reference methods. Following the issuance of the 1991
draft guidance, several test systems identifying CD3 T cells, CD4 and
CD8 T cell subsets, NK cells and B cells were cleared under 510(k),
with either single reagents or combination of reagents based on the
previous clearance of CD2 and CD20 reagents. These clearances for flow
cytometry system devices included flow cytometers, reagents, controls,
and associated software for data acquisition and data analysis.
In 1997, the FDA issued the Analyte Specific Reagent (ASR) Rule (21
CFR 864.4020) to provide some assurance that 1) critical reagents
manufacturers provided to laboratories for use in tests developed by
the laboratories were made under current Good Manufacturing Practices
(cGMP), 2) manufacturers registered with the FDA and listed such
reagents, and 3) manufacturers reported malfunctions, injuries and
deaths related to the use of such reagents to the FDA (62 FR 62260,
November 21, 1997). Subsequent to publication of the ASR rule in 1997,
some manufacturers began to bundle individual ASRs together in the form
of reagent panels (``cocktails'') creating devices that went beyond the
single reagent ASRs that the rule had anticipated. In 2007, the Agency
reiterated and clarified the intentions of the ASR rule in the Guidance
for Industry and FDA Staff on Commercially Distributed Analyte Specific
Reagents (ASRs): Frequently Asked Questions https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm078423.htm. The 2007 guidance clarifies that the bundling of ASRs
into a panel of multi-analytes is inconsistent with the definition of
an ASR per 21 CFR 864.4020. Subsequent to issuance of the guidance,
many uncleared, multi-analyte panels were withdrawn from distribution
in order to comply with the interpretation of the ``ASR rule.''
Clinical flow cytometry plays a major role world-wide in the
diagnosis of leukemia and lymphoma and more recently in the detection
of minimal residual disease (MRD). Because there are currently no FDA
cleared or approved in vitro diagnostics (IVD) panels for the
diagnostic evaluation of hematological malignancies, FDA recognizes
that there is an unmet need for such products to assist clinical
laboratories in performing this testing. FDA has been working to define
the regulatory guidelines for the review of this family of devices and
has been actively working with industry and
[[Page 5188]]
academia to help bring additional products for clinical flow cytometry
to market that are safe and effective.
In partnership with the National Institutes of Health (NIH) and
National Institute of Standards and Technology (NIST), CDRH intends to
utilize the findings of this workshop in the development of an
appropriate, risk-based regulatory framework for Clinical Flow
Cytometry, which promotes innovation and protects patient safety.
II. Topics
Topics for discussion during this workshop include: (1) Overview of
Quality control and standardization issues associated with Clinical
Flow Cytometry (FCM), including discussion of a NIST traceable
standard; (2) Biological controls in Clinical FCM: The use of
stabilized whole blood samples and cryopreserved cells for normals and
chronic lymphocytic leukemia (CLL); (3) Third-party flow cytometry data
analysis software; and (4) Overview of FDA regulation of Clinical FCM
using the 510(k) clearance process.
The FDA is seeking representation from both North American and
European clinical investigators at this workshop. This Clinical FCM
Workshop is being planned to occur just prior to a CDER Workshop on the
role of MRD in CLL which will be held February 27, 2013 (77 FR 76051,
December 26, 2012). An FDA workshop for acute lymphocytic leukemia
(ALL) MRD was held April 18, 2012, and a separate workshop on acute
myelogenous leukemia (AML) MRD will be held March 4, 2013 (77 FR 76050,
December 26, 2012).
Dated: January 17, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-01419 Filed 1-23-13; 8:45 am]
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