Agency Information Collection Activities; Proposed Collection; Comment Request; Public Health Service Guideline on Infectious Disease Issues in Xenotransplantation, 48441-48445 [2018-20764]
Download as PDF
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices
OMB control
No.
21 CFR part or guidance
Topic
807, subpart E ............................................................................
‘‘Requests for Feedback on Medical Device Submissions: The
Pre-Submission Program and Meetings with Food and Drug
Administration Staff’’.
803 ..............................................................................................
Premarket notification .................................................................
Q-submissions ............................................................................
0910–0120
0910–0756
Medical Devices; Medical Device Reporting; Manufacturer reporting, importer reporting, user facility reporting, distributor
reporting.
0910–0437
Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
submissions) will be considered timely
if they are postmarked or the delivery
service acceptance receipt is on or
before that date.
[FR Doc. 2018–20771 Filed 9–24–18; 8:45 am]
Electronic Submissions
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2012–N–0559]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Public Health
Service Guideline on Infectious
Disease Issues in Xenotransplantation
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA or Agency) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the Agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal Agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information, and
to allow 60 days for public comment in
response to this notice. This notice
solicits comments on the collection of
information contained in the Public
Health Service (PHS) guideline entitled
‘‘PHS Guideline on Infectious Disease
Issues in Xenotransplantation’’ dated
January 19, 2001.
DATES: Submit either electronic or
written comments on the collection of
information by November 26, 2018.
ADDRESSES: You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. Electronic comments must
be submitted on or before November 26,
2018. The https://www.regulations.gov
electronic filing system will accept
comments until midnight Eastern Time
at the end of November 26, 2018.
Comments received by mail/hand
delivery/courier (for written/paper
SUMMARY:
daltland on DSKBBV9HB2PROD with NOTICES
48441
VerDate Sep<11>2014
17:40 Sep 24, 2018
Jkt 244001
Submit electronic comments in the
following way:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2012–N–0559 for ‘‘PHS Guideline on
Infectious Disease Issues in
Xenotransplantation.’’ Received
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
comments, those filed in a timely
manner (see ADDRESSES), will be placed
in the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on
https://www.regulations.gov. Submit
both copies to the Dockets Management
Staff. If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
E:\FR\FM\25SEN1.SGM
25SEN1
48442
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices
Ila
S. Mizrachi, Office of Operations, Food
and Drug Administration, Three White
Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–7726, PRAStaff@
fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
Agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests
or requirements that members of the
public submit reports, keep records, or
provide information to a third party.
Section 3506(c)(2)(A) of the PRA (44
U.S.C. 3506(c)(2)(A)) requires Federal
Agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, FDA is publishing notice
of the proposed collection of
information set forth in this document.
With respect to the following
collection of information, FDA invites
comments on these topics: (1) Whether
the proposed collection of information
is necessary for the proper performance
of FDA’s functions, including whether
the information will have practical
utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES
PHS Guideline on Infectious Disease
Issues in Xenotransplantation
OMB Control Number 0910–0456—
Extension
The statutory authority to collect this
information is provided under sections
351 and 361 of the PHS Act (42 U.S.C.
262 and 264) and the provisions of the
Federal Food, Drug, and Cosmetic Act
that apply to drugs (21 U.S.C. 321 et
seq.). The PHS guideline recommends
procedures to diminish the risk of
transmission of infectious agents to the
xenotransplantation product recipient
and to the general public. The PHS
guideline is intended to address public
VerDate Sep<11>2014
17:40 Sep 24, 2018
Jkt 244001
health issues raised by
xenotransplantation, through
identification of general principles of
prevention and control of infectious
diseases associated with
xenotransplantation that may pose a
hazard to the public health. The
collection of information described in
this guideline is intended to provide
general guidance on the following
topics: (1) The development of
xenotransplantation clinical protocols;
(2) the preparation of submissions to
FDA; and (3) the conduct of
xenotransplantation clinical trials. Also,
the collection of information will help
ensure that the sponsor maintains
important information in a crossreferenced system that links the relevant
records of the xenotransplantation
product recipient, xenotransplantation
product, source animal(s), animal
procurement center, and significant
nosocomial exposures. The PHS
guideline describes an occupational
health service program for the
protection of health care workers
involved in xenotransplantation
procedures, caring for
xenotransplantation product recipients,
and performing associated laboratory
testing. The PHS guideline is intended
to protect the public health and to help
ensure the safety of using
xenotransplantation products in
humans by preventing the introduction,
transmission, and spread of infectious
diseases associated with
xenotransplantation.
The PHS guideline also recommends
that certain specimens and records be
maintained for 50 years beyond the date
of the xenotransplantation. These
include: (1) Records linking each
xenotransplantation product recipient
with relevant health records of the
source animal, herd or colony, and the
specific organ, tissue, or cell type
included in or used in the manufacture
of the product (3.2.7.1); (2) aliquots of
serum samples from randomly selected
animal and specific disease
investigations (3.4.3.1); (3) source
animal biological specimens designated
for PHS use (3.7.1); animal health
records (3.7.2), including necropsy
results (3.6.4); and (4) recipients’
biological specimens (4.1.2). The
retention period is intended to assist
health care practitioners and officials in
surveillance and in tracking the source
of an infection, disease, or illness that
might emerge in the recipient, the
source animal, or the animal herd or
colony after a xenotransplantation.
The recommendation for maintaining
records for 50 years is based on clinical
experience with several human viruses
that have presented problems in human
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
to human transplantation and are
therefore thought to share certain
characteristics with viruses that may
pose potential risks in
xenotransplantation. These
characteristics include long latency
periods and the ability to establish
persistent infections. Several also share
the possibility of transmission among
individuals through intimate contact
with human body fluids. Human
immunodeficiency virus (HIV) and
Human T-lymphotropic virus are
human retroviruses. Retroviruses
contain ribonucleic acid that is reversetranscribed into deoxyribonucleic acid
(DNA) using an enzyme provided by the
virus and the human cell machinery.
That viral DNA can then be integrated
into the human cellular DNA. Both
viruses establish persistent infections
and have long latency periods before the
onset of disease, 10 years and 40 to 60
years, respectively. The human hepatitis
viruses are not retroviruses, but several
share with HIV the characteristic that
they can be transmitted through body
fluids, can establish persistent
infections, and have long latency
periods, e.g., approximately 30 years for
Hepatitis C.
In addition, the PHS guideline
recommends that a record system be
developed that allows easy, accurate,
and rapid linkage of information among
the specimen archive, the recipient’s
medical records, and the records of the
source animal for 50 years. The
development of such a record system is
a one-time burden. Such a system is
intended to cross-reference and locate
relevant records of recipients, products,
source animals, animal procurement
centers, and significant nosocomial
exposures.
Respondents to this collection of
information are the sponsors of clinical
studies of investigational
xenotransplantation products under
investigational new drug applications
(INDs) and xenotransplantation product
procurement centers, referred to as
source animal facilities. There are an
estimated three respondents who are
sponsors of INDs that include protocols
for xenotransplantation in humans and
five clinical centers doing
xenotransplantation procedures. Other
respondents for this collection of
information are an estimated four source
animal facilities which provide source
xenotransplantation product material to
sponsors for use in human
xenotransplantation procedures. These
four source animal facilities keep
medical records of the herds/colonies as
well as the medical records of the
individual source animal(s). The burden
estimates are based on FDA’s records of
E:\FR\FM\25SEN1.SGM
25SEN1
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices
xenotransplantation-related INDs and
estimates of time required to complete
the various reporting, recordkeeping,
and third-party disclosure tasks
described in the PHS guideline.
FDA is requesting an extension of
OMB approval for the following
48443
reporting, recordkeeping, and thirdparty disclosure recommendations in
the PHS guideline:
TABLE 1—REPORTING RECOMMENDATIONS
PHS guideline
section
3.2.7.2 ...............
Description
Notify sponsor or FDA of new archive site when the source animal facility or sponsor ceases operations.
TABLE 2—RECORDKEEPING RECOMMENDATIONS
PHS guideline
section
Description
3.2.7 ..................
4.3 .....................
Establish records linking each xenotransplantation product recipient with relevant records.
Sponsor to maintain cross-referenced system that links all relevant records (recipient, product, source animal, animal procurement center, and nosocomial exposures).
Document results of monitoring program used to detect introduction of infectious agents which may not be apparent clinically.
Document full necropsy investigations including evaluation for infectious etiologies.
Justify shortening a source animal’s quarantine period of 3 weeks prior to xenotransplantation product procurement.
Document absence of infectious agent in xenotransplantation product if its presence elsewhere in source animal does not
preclude using it.
Add summary of individual source animal record to permanent medical record of the xenotransplantation product recipient.
Document complete necropsy results on source animals (50-year record retention).
Link xenotransplantation product recipients to individual source animal records and archived biologic specimens.
Record baseline sera of xenotransplantation health care workers and specific nosocomial exposure.
Keep a log of health care workers’ significant nosocomial exposure(s).
Document each xenotransplant procedure.
Document location and nature of archived specimens in health care records of xenotransplantation product recipient and
source animal.
3.4.2 ..................
3.4.3.2 ...............
3.5.1 ..................
3.5.2 ..................
3.5.4 ..................
3.6.4 ..................
3.7 .....................
4.2.3.2 ...............
4.2.3.3 and 4.3.2
4.3.1 ..................
5.2 .....................
TABLE 3—DISCLOSURE RECOMMENDATIONS
PHS guideline
section
Description
3.2.7.2 ...............
3.4 .....................
3.5.1 ..................
3.5.4 ..................
3.5.5 ..................
Notify sponsor or FDA of new archive site when the source animal facility or sponsor ceases operations.
Standard operating procedures (SOPs) of source animal facility should be available to review bodies.
Include increased infectious risk in informed consent if source animal quarantine period of 3 weeks is shortened.
Sponsor to make linked records described in section 3.2.7 available for review.
Source animal facility to notify clinical center when infectious agent is identified in source animal or herd after
xenotransplantation product procurement.
FDA estimates the burden for this
collection of information as follows:
TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN 1
Number of
responses per
respondent
Number of
respondents
PHS guideline section
3.2.7.2 2 ................................................................................
1
Average
burden per
response
Total annual
responses
1
1
0.50
(30 minutes)
Total hours
0.5
1 There
2 FDA
are no capital costs or operating and maintenance costs associated with this collection of information.
is using 1 animal facility or sponsor for estimation purposes.
daltland on DSKBBV9HB2PROD with NOTICES
TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of
recordkeepers
PHS guideline section
Number of
records per
recordkeeper
Average
burden per
recordkeeping
Total annual
records
3.2.7 2 ...................................................................................
4.3 3 ......................................................................................
1
3
1
1
1
3
3.4.2 4 ...................................................................................
3
10.67
32
VerDate Sep<11>2014
17:40 Sep 24, 2018
Jkt 244001
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
E:\FR\FM\25SEN1.SGM
25SEN1
16
0.75
(45 minutes)
0.25
(15 minutes)
Total hours
16
2.25
8
48444
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices
TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
Number of
recordkeepers
PHS guideline section
Number of
records per
recordkeeper
Average
burden per
recordkeeping
Total annual
records
3.4.3.2 5 ................................................................................
3
2.67
8
3.5.1 6 ...................................................................................
3
0.33
1
3.5.2 6 ...................................................................................
3
0.33
1
3.5.4 .....................................................................................
3
1
3
3.6.4 7 ...................................................................................
3
2.67
8
3.7 7 ......................................................................................
4
2
8
4.2.3.2 8 ................................................................................
5
25
125
4.2.3.2 6 ................................................................................
5
0.20
1
4.2.3.3 and 4.3.2 6 ................................................................
5
0.20
1
4.3.1 .....................................................................................
3
1
3
5.2 9 ......................................................................................
3
4
12
Total ..............................................................................
........................
........................
........................
0.25
(15 minutes)
0.50
(30 minutes)
0.25
(15 minutes)
0.17
(10 minutes)
0.25
(15 minutes)
0.08
(5 minutes)
0.17
(10 minutes)
0.17
(10 minutes)
0.17
(10 minutes)
0.25
(15 minutes)
0.08
(5 minutes)
........................
Total hours
2
0.5
0.25
0.51
2
0.64
21.25
0.17
0.17
0.75
0.96
55.45
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
one-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA is using 1 new sponsor for estimation purposes.
3 FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
4 Monitoring for sentinel animals (subset representative of herd) plus all source animals. There are approximately 6 sentinel animals per herd ×
1 herd per facility × 4 facilities = 24 sentinel animals. There are approximately 8 source animals per year (see footnote 7 of this table); 24 + 8 =
32 monitoring records to document.
5 Necropsy for animal deaths of unknown cause estimated to be approximately 2 per herd per year × 1 herd per facility × 4 facilities = 8.
6 Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
7 On average 2 source animals are used for preparing xenotransplantation product material for one recipient. The average number of source
animals is 2 source animals per recipient × 4 recipients annually = 8 source animals per year. (See footnote 5 of table 6 of this document.)
8 FDA estimates there are 5 clinical centers doing xenotransplantation procedures × approximately 25 health care workers involved per center
= 125 health care workers.
9 Eight source animal records + 4 recipient records = 12 total records.
2A
TABLE 6—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
Number of
disclosures
per
respondent
Number of
respondents
PHS guideline section
Average
burden per
disclosure
Total annual
disclosures
3.2.7.2 2 ................................................................................
1
1
1
3.4 3 ......................................................................................
4
0.25
1
3.5.1 4 ...................................................................................
4
0.25
1
3.5.4 5 ...................................................................................
4
1
4
3.5.5 4 ...................................................................................
4
0.25
1
Total ..............................................................................
........................
........................
........................
0.50
(30 minutes)
0.08
(5 minutes)
0.25
(15 minutes)
0.50
(30 minutes)
0.25
(15 minutes)
........................
Total hours
0.5
0.08
0.25
2
0.25
3.08
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
is using 1 animal facility or sponsor for estimation purposes.
3 FDA’s records indicate that an average of 1 INDs are expected to be submitted per year.
4 To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
5 Based on an estimate of 12 patients treated over a 3 year period, the average number of xenotransplantation product recipients per year is
estimated to be 4.
daltland on DSKBBV9HB2PROD with NOTICES
2 FDA
Because of the potential risk for crossspecies transmission of pathogenic
persistent virus, the guideline
recommends that health records be
VerDate Sep<11>2014
17:40 Sep 24, 2018
Jkt 244001
retained for 50 years. Since these
records are medical records, the
retention of such records for up to 50
years is not information subject to the
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
PRA (5 CFR 1320.3(h)(5)). Also, because
of the limited number of clinical studies
with small patient populations, the
E:\FR\FM\25SEN1.SGM
25SEN1
Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices
number of records is expected to be
insignificant at this time.
Information collections in this
guideline not included in tables 1
through 6 can be found under existing
regulations and approved under the
OMB control numbers as follows: (1)
‘‘Current Good Manufacturing Practice
for Finished Pharmaceuticals,’’ 21 CFR
211.1 through 211.208, approved under
OMB control number 0910–0139; (2)
‘‘Investigational New Drug
Application,’’ 21 CFR 312.1 through
312.160, approved under OMB control
number 0910–0014; and (3) information
included in a biologics license
application, 21 CFR 601.2, approved
under OMB control number 0910–0338.
(Although it is possible that a
xenotransplantation product may not be
regulated as a biological product (e.g., it
may be regulated as a medical device),
FDA believes, based on its knowledge
and experience with
xenotransplantation, that any
xenotransplantation product subject to
FDA regulation within the next 3 years
will most likely be regulated as a
48445
biological product.). However, FDA
recognized that some of the information
collections go beyond approved
collections; assessments for these
burdens are included in tables 1 through
6.
In table 7, FDA identifies those
collection of information activities that
are already encompassed by existing
regulations or are consistent with
voluntary standards which reflect
industry’s usual and customary business
practice.
TABLE 7—COLLECTION OF INFORMATION REQUIRED BY CURRENT REGULATIONS AND STANDARDS
PHS
guideline
section
21 CFR section
(unless otherwise stated)
Description of collection of information activity
2.2.1 ...................
2.5 ......................
3.1.1 and 3.1.6 ..
3.1.8 ...................
3.2.2 ...................
3.2.3 ...................
3.2.4 ...................
3.2.5, 3.4, and
3.4.1.
3.2.6 ...................
3.3.3 ...................
3.6.1 ...................
3.6.2 ...................
3.6.4 ...................
3.7.1 ...................
4.1.1 ...................
4.1.2 ...................
4.1.2.2 ................
4.1.2.3 ................
4.2.2.1 ................
4.2.3.1 ................
4.3 ......................
Document off-site collaborations ...............................................................................
Sponsor ensures counseling patient + family + contacts .........................................
Document well-characterized health history and lineage of source animals ............
Registration with and import permit from the Centers for Disease Control and Prevention.
Document collaboration with accredited microbiology labs ......................................
Procedures to ensure the humane care of animals ..................................................
Procedures consistent for accreditation by the Association for Assessment and
Accreditation of Laboratory Animal Care International (AAALAC International)
and consistent with the National Research Council’s (NRC) Guide.
Herd health maintenance and surveillance to be documented, available, and in
accordance with documented procedures; record standard veterinary care.
Animal facility SOPs ..................................................................................................
Validate assay methods ............................................................................................
Procurement and processing of xenografts using documented aseptic conditions
Develop, implement, and enforce SOP’s for procurement and screening processes.
Communicate to FDA animal necropsy findings pertinent to health of recipient .....
PHS specimens to be linked to health records; provide to FDA justification for
types of tissues, cells, and plasma, and quantities of plasma and leukocytes
collected.
Surveillance of xenotransplant recipient; sponsor ensures documentation of surveillance program life-long (justify >2 yrs.); investigator case histories (2 yrs.
after investigation is discontinued).
Sponsor to justify amount and type of reserve samples ..........................................
System for prompt retrieval of PHS specimens and linkage to medical records
(recipient and source animal).
Notify FDA of a clinical episode potentially representing a xenogeneic infection ....
Document collaborations (transfer of obligation) ......................................................
Develop educational materials (sponsor provides investigators with information
needed to conduct investigation properly).
Sponsor to keep records of receipt, shipment, and disposition of investigative
drug; investigator to keep records of case histories.
312.52.
312.62(c).
312.23(a)(7)(a) and 211.84.
42 CFR 71.53.
312.52.
9 CFR parts 1, 2, and 3 and PHS Policy 1.
AAALAC International Rules of Accreditation 2 and NRC Guide 3.
211.100 and 211.122.
PHS Policy 1.
211.160(a).
211.100 and 211.122.
211.84(d) and 211.122(c).
312.32(c).
312.23(a)(6).
312.23(a)(6)(iii)(f) and (g), and 312.62(b)
and (c).
211.122.
312.57(a).
312.32.
312.52.
312.50.
312.57 and 312.62(b).
1 The ‘‘Public Health Service Policy on Humane Care and Use of Laboratory Animals’’ (https://www.grants.nih.gov/grants/olaw/references/
phspol.htm).
2 AAALAC International Rules of Accreditation (https://www.aaalac.org/accreditation/rules.cfm).
3 The NRC’s ‘‘Guide for the Care and Use of Laboratory Animals.’’
Based on a review of the information
collection since our last request for
OMB approval, we have made no
adjustments to our burden estimate.
Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
daltland on DSKBBV9HB2PROD with NOTICES
[FR Doc. 2018–20764 Filed 9–24–18; 8:45 am]
BILLING CODE 4164–01–P
VerDate Sep<11>2014
17:40 Sep 24, 2018
Jkt 244001
PO 00000
Frm 00037
Fmt 4703
Sfmt 9990
E:\FR\FM\25SEN1.SGM
25SEN1
Agencies
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48441-48445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20764]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2012-N-0559]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Public Health Service Guideline on Infectious Disease
Issues in Xenotransplantation
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to this notice. This
notice solicits comments on the collection of information contained in
the Public Health Service (PHS) guideline entitled ``PHS Guideline on
Infectious Disease Issues in Xenotransplantation'' dated January 19,
2001.
DATES: Submit either electronic or written comments on the collection
of information by November 26, 2018.
ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before November 26, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of November 26, 2018. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').
Written/Paper Submissions
Submit written/paper submissions as follows:
Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
Instructions: All submissions received must include the Docket No.
FDA-2012-N-0559 for ``PHS Guideline on Infectious Disease Issues in
Xenotransplantation.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday.
Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
[[Page 48442]]
FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852, 301-796-7726,
[email protected].
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
PHS Guideline on Infectious Disease Issues in Xenotransplantation
OMB Control Number 0910-0456--Extension
The statutory authority to collect this information is provided
under sections 351 and 361 of the PHS Act (42 U.S.C. 262 and 264) and
the provisions of the Federal Food, Drug, and Cosmetic Act that apply
to drugs (21 U.S.C. 321 et seq.). The PHS guideline recommends
procedures to diminish the risk of transmission of infectious agents to
the xenotransplantation product recipient and to the general public.
The PHS guideline is intended to address public health issues raised by
xenotransplantation, through identification of general principles of
prevention and control of infectious diseases associated with
xenotransplantation that may pose a hazard to the public health. The
collection of information described in this guideline is intended to
provide general guidance on the following topics: (1) The development
of xenotransplantation clinical protocols; (2) the preparation of
submissions to FDA; and (3) the conduct of xenotransplantation clinical
trials. Also, the collection of information will help ensure that the
sponsor maintains important information in a cross-referenced system
that links the relevant records of the xenotransplantation product
recipient, xenotransplantation product, source animal(s), animal
procurement center, and significant nosocomial exposures. The PHS
guideline describes an occupational health service program for the
protection of health care workers involved in xenotransplantation
procedures, caring for xenotransplantation product recipients, and
performing associated laboratory testing. The PHS guideline is intended
to protect the public health and to help ensure the safety of using
xenotransplantation products in humans by preventing the introduction,
transmission, and spread of infectious diseases associated with
xenotransplantation.
The PHS guideline also recommends that certain specimens and
records be maintained for 50 years beyond the date of the
xenotransplantation. These include: (1) Records linking each
xenotransplantation product recipient with relevant health records of
the source animal, herd or colony, and the specific organ, tissue, or
cell type included in or used in the manufacture of the product
(3.2.7.1); (2) aliquots of serum samples from randomly selected animal
and specific disease investigations (3.4.3.1); (3) source animal
biological specimens designated for PHS use (3.7.1); animal health
records (3.7.2), including necropsy results (3.6.4); and (4)
recipients' biological specimens (4.1.2). The retention period is
intended to assist health care practitioners and officials in
surveillance and in tracking the source of an infection, disease, or
illness that might emerge in the recipient, the source animal, or the
animal herd or colony after a xenotransplantation.
The recommendation for maintaining records for 50 years is based on
clinical experience with several human viruses that have presented
problems in human to human transplantation and are therefore thought to
share certain characteristics with viruses that may pose potential
risks in xenotransplantation. These characteristics include long
latency periods and the ability to establish persistent infections.
Several also share the possibility of transmission among individuals
through intimate contact with human body fluids. Human immunodeficiency
virus (HIV) and Human T-lymphotropic virus are human retroviruses.
Retroviruses contain ribonucleic acid that is reverse-transcribed into
deoxyribonucleic acid (DNA) using an enzyme provided by the virus and
the human cell machinery. That viral DNA can then be integrated into
the human cellular DNA. Both viruses establish persistent infections
and have long latency periods before the onset of disease, 10 years and
40 to 60 years, respectively. The human hepatitis viruses are not
retroviruses, but several share with HIV the characteristic that they
can be transmitted through body fluids, can establish persistent
infections, and have long latency periods, e.g., approximately 30 years
for Hepatitis C.
In addition, the PHS guideline recommends that a record system be
developed that allows easy, accurate, and rapid linkage of information
among the specimen archive, the recipient's medical records, and the
records of the source animal for 50 years. The development of such a
record system is a one-time burden. Such a system is intended to cross-
reference and locate relevant records of recipients, products, source
animals, animal procurement centers, and significant nosocomial
exposures.
Respondents to this collection of information are the sponsors of
clinical studies of investigational xenotransplantation products under
investigational new drug applications (INDs) and xenotransplantation
product procurement centers, referred to as source animal facilities.
There are an estimated three respondents who are sponsors of INDs that
include protocols for xenotransplantation in humans and five clinical
centers doing xenotransplantation procedures. Other respondents for
this collection of information are an estimated four source animal
facilities which provide source xenotransplantation product material to
sponsors for use in human xenotransplantation procedures. These four
source animal facilities keep medical records of the herds/colonies as
well as the medical records of the individual source animal(s). The
burden estimates are based on FDA's records of
[[Page 48443]]
xenotransplantation-related INDs and estimates of time required to
complete the various reporting, recordkeeping, and third-party
disclosure tasks described in the PHS guideline.
FDA is requesting an extension of OMB approval for the following
reporting, recordkeeping, and third-party disclosure recommendations in
the PHS guideline:
Table 1--Reporting Recommendations
------------------------------------------------------------------------
PHS guideline section Description
------------------------------------------------------------------------
3.2.7.2.................. Notify sponsor or FDA of new archive site
when the source animal facility or sponsor
ceases operations.
------------------------------------------------------------------------
Table 2--Recordkeeping Recommendations
------------------------------------------------------------------------
PHS guideline section Description
------------------------------------------------------------------------
3.2.7.................... Establish records linking each
xenotransplantation product recipient with
relevant records.
4.3...................... Sponsor to maintain cross-referenced system
that links all relevant records (recipient,
product, source animal, animal procurement
center, and nosocomial exposures).
3.4.2.................... Document results of monitoring program used
to detect introduction of infectious agents
which may not be apparent clinically.
3.4.3.2.................. Document full necropsy investigations
including evaluation for infectious
etiologies.
3.5.1.................... Justify shortening a source animal's
quarantine period of 3 weeks prior to
xenotransplantation product procurement.
3.5.2.................... Document absence of infectious agent in
xenotransplantation product if its presence
elsewhere in source animal does not preclude
using it.
3.5.4.................... Add summary of individual source animal
record to permanent medical record of the
xenotransplantation product recipient.
3.6.4.................... Document complete necropsy results on source
animals (50-year record retention).
3.7...................... Link xenotransplantation product recipients
to individual source animal records and
archived biologic specimens.
4.2.3.2.................. Record baseline sera of xenotransplantation
health care workers and specific nosocomial
exposure.
4.2.3.3 and 4.3.2........ Keep a log of health care workers'
significant nosocomial exposure(s).
4.3.1.................... Document each xenotransplant procedure.
5.2...................... Document location and nature of archived
specimens in health care records of
xenotransplantation product recipient and
source animal.
------------------------------------------------------------------------
Table 3--Disclosure Recommendations
------------------------------------------------------------------------
PHS guideline section Description
------------------------------------------------------------------------
3.2.7.2.................. Notify sponsor or FDA of new archive site
when the source animal facility or sponsor
ceases operations.
3.4...................... Standard operating procedures (SOPs) of
source animal facility should be available
to review bodies.
3.5.1.................... Include increased infectious risk in informed
consent if source animal quarantine period
of 3 weeks is shortened.
3.5.4.................... Sponsor to make linked records described in
section 3.2.7 available for review.
3.5.5.................... Source animal facility to notify clinical
center when infectious agent is identified
in source animal or herd after
xenotransplantation product procurement.
------------------------------------------------------------------------
FDA estimates the burden for this collection of information as
follows:
Table 4--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of
PHS guideline section Number of responses per Total annual Average burden Total hours
respondents respondent responses per response
----------------------------------------------------------------------------------------------------------------
3.2.7.2 \2\..................... 1 1 1 0.50 0.5
(30 minutes)
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ FDA is using 1 animal facility or sponsor for estimation purposes.
Table 5--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average burden
PHS guideline section Number of records per Total annual per Total hours
recordkeepers recordkeeper records recordkeeping
----------------------------------------------------------------------------------------------------------------
3.2.7 \2\....................... 1 1 1 16 16
4.3 \3\......................... 3 1 3 0.75 2.25
(45 minutes)
3.4.2 \4\....................... 3 10.67 32 0.25 8
(15 minutes)
[[Page 48444]]
3.4.3.2 \5\..................... 3 2.67 8 0.25 2
(15 minutes)
3.5.1 \6\....................... 3 0.33 1 0.50 0.5
(30 minutes)
3.5.2 \6\....................... 3 0.33 1 0.25 0.25
(15 minutes)
3.5.4........................... 3 1 3 0.17 0.51
(10 minutes)
3.6.4 \7\....................... 3 2.67 8 0.25 2
(15 minutes)
3.7 \7\......................... 4 2 8 0.08 0.64
(5 minutes)
4.2.3.2 \8\..................... 5 25 125 0.17 21.25
(10 minutes)
4.2.3.2 \6\..................... 5 0.20 1 0.17 0.17
(10 minutes)
4.2.3.3 and 4.3.2 \6\........... 5 0.20 1 0.17 0.17
(10 minutes)
4.3.1........................... 3 1 3 0.25 0.75
(15 minutes)
5.2 \9\......................... 3 4 12 0.08 0.96
(5 minutes)
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 55.45
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ A one-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA is
using 1 new sponsor for estimation purposes.
\3\ FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
\4\ Monitoring for sentinel animals (subset representative of herd) plus all source animals. There are
approximately 6 sentinel animals per herd x 1 herd per facility x 4 facilities = 24 sentinel animals. There
are approximately 8 source animals per year (see footnote 7 of this table); 24 + 8 = 32 monitoring records to
document.
\5\ Necropsy for animal deaths of unknown cause estimated to be approximately 2 per herd per year x 1 herd per
facility x 4 facilities = 8.
\6\ Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\7\ On average 2 source animals are used for preparing xenotransplantation product material for one recipient.
The average number of source animals is 2 source animals per recipient x 4 recipients annually = 8 source
animals per year. (See footnote 5 of table 6 of this document.)
\8\ FDA estimates there are 5 clinical centers doing xenotransplantation procedures x approximately 25 health
care workers involved per center = 125 health care workers.
\9\ Eight source animal records + 4 recipient records = 12 total records.
Table 6--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
Number of Average
PHS guideline section Number of disclosures Total annual burden per Total hours
respondents per respondent disclosures disclosure
----------------------------------------------------------------------------------------------------------------
3.2.7.2 \2\..................... 1 1 1 0.50 0.5
(30 minutes)
3.4 \3\......................... 4 0.25 1 0.08 0.08
(5 minutes)
3.5.1 \4\....................... 4 0.25 1 0.25 0.25
(15 minutes)
3.5.4 \5\....................... 4 1 4 0.50 2
(30 minutes)
3.5.5 \4\....................... 4 0.25 1 0.25 0.25
(15 minutes)
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 3.08
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
\2\ FDA is using 1 animal facility or sponsor for estimation purposes.
\3\ FDA's records indicate that an average of 1 INDs are expected to be submitted per year.
\4\ To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
\5\ Based on an estimate of 12 patients treated over a 3 year period, the average number of xenotransplantation
product recipients per year is estimated to be 4.
Because of the potential risk for cross-species transmission of
pathogenic persistent virus, the guideline recommends that health
records be retained for 50 years. Since these records are medical
records, the retention of such records for up to 50 years is not
information subject to the PRA (5 CFR 1320.3(h)(5)). Also, because of
the limited number of clinical studies with small patient populations,
the
[[Page 48445]]
number of records is expected to be insignificant at this time.
Information collections in this guideline not included in tables 1
through 6 can be found under existing regulations and approved under
the OMB control numbers as follows: (1) ``Current Good Manufacturing
Practice for Finished Pharmaceuticals,'' 21 CFR 211.1 through 211.208,
approved under OMB control number 0910-0139; (2) ``Investigational New
Drug Application,'' 21 CFR 312.1 through 312.160, approved under OMB
control number 0910-0014; and (3) information included in a biologics
license application, 21 CFR 601.2, approved under OMB control number
0910-0338. (Although it is possible that a xenotransplantation product
may not be regulated as a biological product (e.g., it may be regulated
as a medical device), FDA believes, based on its knowledge and
experience with xenotransplantation, that any xenotransplantation
product subject to FDA regulation within the next 3 years will most
likely be regulated as a biological product.). However, FDA recognized
that some of the information collections go beyond approved
collections; assessments for these burdens are included in tables 1
through 6.
In table 7, FDA identifies those collection of information
activities that are already encompassed by existing regulations or are
consistent with voluntary standards which reflect industry's usual and
customary business practice.
Table 7--Collection of Information Required by Current Regulations and
Standards
------------------------------------------------------------------------
Description of 21 CFR section
PHS guideline section collection of (unless otherwise
information activity stated)
------------------------------------------------------------------------
2.2.1.................... Document off-site 312.52.
collaborations.
2.5...................... Sponsor ensures 312.62(c).
counseling patient +
family + contacts.
3.1.1 and 3.1.6.......... Document well- 312.23(a)(7)(a) and
characterized health 211.84.
history and lineage of
source animals.
3.1.8.................... Registration with and 42 CFR 71.53.
import permit from the
Centers for Disease
Control and Prevention.
3.2.2.................... Document collaboration 312.52.
with accredited
microbiology labs.
3.2.3.................... Procedures to ensure the 9 CFR parts 1, 2,
humane care of animals. and 3 and PHS
Policy \1\.
3.2.4.................... Procedures consistent AAALAC
for accreditation by International
the Association for Rules of
Assessment and Accreditation \2\
Accreditation of and NRC Guide \3\.
Laboratory Animal Care
International (AAALAC
International) and
consistent with the
National Research
Council's (NRC) Guide.
3.2.5, 3.4, and 3.4.1.... Herd health maintenance 211.100 and
and surveillance to be 211.122.
documented, available,
and in accordance with
documented procedures;
record standard
veterinary care.
3.2.6.................... Animal facility SOPs.... PHS Policy \1\.
3.3.3.................... Validate assay methods.. 211.160(a).
3.6.1.................... Procurement and 211.100 and
processing of 211.122.
xenografts using
documented aseptic
conditions.
3.6.2.................... Develop, implement, and 211.84(d) and
enforce SOP's for 211.122(c).
procurement and
screening processes.
3.6.4.................... Communicate to FDA 312.32(c).
animal necropsy
findings pertinent to
health of recipient.
3.7.1.................... PHS specimens to be 312.23(a)(6).
linked to health
records; provide to FDA
justification for types
of tissues, cells, and
plasma, and quantities
of plasma and
leukocytes collected.
4.1.1.................... Surveillance of 312.23(a)(6)(iii)(f
xenotransplant ) and (g), and
recipient; sponsor 312.62(b) and (c).
ensures documentation
of surveillance program
life-long (justify >2
yrs.); investigator
case histories (2 yrs.
after investigation is
discontinued).
4.1.2.................... Sponsor to justify 211.122.
amount and type of
reserve samples.
4.1.2.2.................. System for prompt 312.57(a).
retrieval of PHS
specimens and linkage
to medical records
(recipient and source
animal).
4.1.2.3.................. Notify FDA of a clinical 312.32.
episode potentially
representing a
xenogeneic infection.
4.2.2.1.................. Document collaborations 312.52.
(transfer of
obligation).
4.2.3.1.................. Develop educational 312.50.
materials (sponsor
provides investigators
with information needed
to conduct
investigation properly).
4.3...................... Sponsor to keep records 312.57 and
of receipt, shipment, 312.62(b).
and disposition of
investigative drug;
investigator to keep
records of case
histories.
------------------------------------------------------------------------
\1\ The ``Public Health Service Policy on Humane Care and Use of
Laboratory Animals'' (https://www.grants.nih.gov/grants/olaw/references/phspol.htm).
\2\ AAALAC International Rules of Accreditation (https://www.aaalac.org/accreditation/rules.cfm).
\3\ The NRC's ``Guide for the Care and Use of Laboratory Animals.''
Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.
Dated: September 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-20764 Filed 9-24-18; 8:45 am]
BILLING CODE 4164-01-P