Agency Information Collection Activities; Proposed Collection; Comment Request; Public Health Service Guideline on Infectious Disease Issues in Xenotransplantation, 58666-58670 [2021-23086]

Download as PDF 58666 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Notices as the eligibility appeals process, the Exchange-related components of the Premium Tax Credit (PTC) reconciliation process, and the basic concepts and rights of health coverage and how to use it. Under the Terms and Conditions of the Navigator program cooperative agreements, awardees must provide progress reports on a weekly, monthly, quarterly and annual basis during the cooperative agreement period of performance, and a final report at the end of the period of performance. Awardees will submit their progress reports electronically to CMS staff for evaluation and analysis. The results of this evaluation will provide feedback on the effectiveness of the Navigator program, so that HHS and CMS leadership may evaluate the effectiveness of the program and address any areas that need revisions. CMS will also use the information collected from Navigator grant awardees to inform the public about the availability of application and enrollment assistance services from designated organizations. Form Number: CMS–10463 (OMB control number: 0938–1215); Frequency: Annually, Monthly, Quarterly, Weekly; Affected Public: Private sector; Number of Respondents: 100; Total Annual Responses: 5,200; Total Annual Hours: 529,000. (For questions regarding this collection contact Gian Johnson at 301– 492–4323.) Dated: October 19, 2021. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2021–23107 Filed 10–21–21; 8:45 am] BILLING CODE 4120–01–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. lotter on DSK11XQN23PROD with NOTICES1 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 SUMMARY: VerDate Sep<11>2014 17:47 Oct 21, 2021 Jkt 256001 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.’’ DATES: Submit either electronic or written comments on the collection of information by December 21, 2021. 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 December 21, 2021. The https://www.regulations.gov electronic filing system will accept comments until 11:59 p.m. Eastern Time at the end of December 21, 2021. 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 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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, 240–402–7500. • 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.govinfo.gov/content/pkg/FR-201509-18/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 E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Notices Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240–402–7500. FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 240–994–7399, PRAStaff@ fda.hhs.gov. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501–3521), 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. lotter on DSK11XQN23PROD with NOTICES1 PHS Guideline on Infectious Disease Issues in Xenotransplantation OMB Control Number 0910–0456— Extension This information collection helps support implementation of the Department of Health and Human Services’ ‘‘PHS Guideline on Infectious Disease Issues in Xenotransplantation.’’ FDA is authorized to collect this information under sections 351 and 361 of the PHS Act (42 U.S.C. 262 and 264) and provisions of the Federal Food, Drug, and Cosmetic Act that apply to VerDate Sep<11>2014 17:47 Oct 21, 2021 Jkt 256001 drugs (21 U.S.C. 321 et seq.). The guideline, available from our website at https://www.fda.gov/media/73803/ download was developed by the PHS to identify general principles for the prevention and control of infectious diseases associated with xenotransplantation that may pose a risk to public health. 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 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 also 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 58667 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 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 E:\FR\FM\22OCN1.SGM 22OCN1 58668 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Notices 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 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 thirdparty 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 ................................................ 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 ................................................ 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. 3.5.4 ................................................ 3.5.5 ................................................ FDA estimates the burden for this collection of information as follows: TABLE 4—ESTIMATED ANNUAL REPORTING BURDEN 1 3.2.7.2 2 ............................................. lotter on DSK11XQN23PROD with NOTICES1 Number of responses per respondent Number of respondents PHS guideline section 1 Total annual responses 1 Average burden per response 1 0.50 (30 minutes) ............................. 1 There 2 FDA are no capital costs or operating and maintenance costs associated with this collection of information. is using one animal facility or sponsor for estimation purposes. VerDate Sep<11>2014 17:47 Oct 21, 2021 Jkt 256001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\22OCN1.SGM 22OCN1 Total hours 0.5 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Notices 58669 TABLE 5—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1 Number of recordkeepers PHS guideline section Number of records per recordkeeper Total annual records Average burden per recordkeeping Total hours 3.2.7 2 ................................................ 4.3 3 ................................................... 3.4.2 4 ................................................ 3.4.3.2 5 ............................................. 3.5.1 6 ................................................ 3.5.2 6 ................................................ 3.5.4 .................................................. 3.6.4 7 ................................................ 3.7 7 ................................................... 4.2.3.2 8 ............................................. 4.2.3.2 6 ............................................. 4.2.3.3 and 4.3.2 6 ............................. 4.3.1 .................................................. 5.2 9 ................................................... 1 3 3 3 3 3 3 3 4 5 5 5 3 3 1 1 10.67 2.67 0.33 0.33 1 2.67 2 25 0.20 0.20 1 4 1 3 32 8 1 1 3 8 8 125 1 1 3 12 16 ..................................................... 0.75 (45 minutes) ............................. 0.25 (15 minutes) ............................. 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) ............................... 16 2.25 8 2 0.50 0.25 0.51 2 0.64 21.25 0.17 0.17 0.75 0.96 Total ........................................... ........................ ........................ ........................ ........................................................... 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.) 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 Total annual disclosures Average burden per disclosure 3.2.7.2 2 ............................................. 3.4 3 ................................................... 3.5.1 4 ................................................ 3.5.4 5 ................................................ 3.5.5 4 ................................................ 1 4 4 4 4 1 0.25 0.25 1 0.25 1 1 1 4 1 Total ........................................... ........................ ........................ ........................ 0.50 0.08 0.25 0.50 0.25 Total hours (30 minutes) ............................. (5 minutes) ............................... (15 minutes) ............................. (30 minutes) ............................. (15 minutes) ............................. 0.5 0.08 0.25 2.00 0.25 ........................................................... 3.08 1 There are no capital costs or operating and maintenance costs associated with this collection of information. is using one animal facility or sponsor for estimation purposes. records indicate that an average of one IND is 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. 2 FDA lotter on DSK11XQN23PROD with NOTICES1 3 FDA’s Because of the potential risk for crossspecies 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 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 VerDate Sep<11>2014 17:47 Oct 21, 2021 Jkt 256001 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 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22OCN1.SGM 22OCN1 58670 Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Notices voluntary standards which reflect industry’s usual and customary business practice. TABLE 7—COLLECTION OF INFORMATION REQUIRED BY CURRENT REGULATIONS AND STANDARDS 21 CFR section (unless otherwise stated) PHS guideline section Description 2.2.1 .......................................... 2.5 ............................................. 3.1.1 and 3.1.6 .......................... Document offsite 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 SOPs 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. 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 ............................................. 1 The 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). ‘‘Public Health Service Policy on Humane Care and Use of Laboratory Animals’’ (https://olaw.nih.gov/policies-laws/phs-policy.htm). International Rules of Accreditation (https://www.aaalac.org/accreditation-program/rules-of-accreditation/). NRC’s ‘‘Guide for the Care and Use of Laboratory Animals.’’ 2 AAALAC 3 The lotter on DSK11XQN23PROD with NOTICES1 Based on a review of the information collection since our last request for OMB approval, we have made no adjustments to our burden estimate other than to adjust total burden hours by one hour, from 60 to 59 total burden hours, to address an inadvertent error in disclosure burden in the previous submissions to OMB. Dated: October 15, 2021. Lauren K. Roth, Associate Commissioner for Policy. DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2020–E–1910] Determination of Regulatory Review Period for Purposes of Patent Extension; NUBEQA AGENCY: ACTION: [FR Doc. 2021–23086 Filed 10–21–21; 8:45 am] 17:47 Oct 21, 2021 Notice. The Food and Drug Administration (FDA or the Agency) has determined the regulatory review period for NUBEQA and is publishing this notice of that determination as required SUMMARY: BILLING CODE 4164–01–P VerDate Sep<11>2014 Food and Drug Administration, HHS. Jkt 256001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product. DATES: Anyone with knowledge that any of the dates as published (see SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic or written comments and ask for a redetermination by December 21, 2021. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Notices]
[Pages 58666-58670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23086]


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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.

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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.''

DATES: Submit either electronic or written comments on the collection 
of information by December 21, 2021.

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 December 21, 2021. The https://www.regulations.gov electronic filing system will accept comments until 
11:59 p.m. Eastern Time at the end of December 21, 2021. 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, 240-402-7500.
     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.govinfo.gov/content/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

[[Page 58667]]

Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 240-402-7500.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of 
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852, 240-994-7399, 
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), 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

    This information collection helps support implementation of the 
Department of Health and Human Services' ``PHS Guideline on Infectious 
Disease Issues in Xenotransplantation.'' FDA is authorized to collect 
this information under sections 351 and 361 of the PHS Act (42 U.S.C. 
262 and 264) and provisions of the Federal Food, Drug, and Cosmetic Act 
that apply to drugs (21 U.S.C. 321 et seq.). The guideline, available 
from our website at https://www.fda.gov/media/73803/download was 
developed by the PHS to identify general principles for the prevention 
and control of infectious diseases associated with xenotransplantation 
that may pose a risk to public health. 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 also 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

[[Page 58668]]

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 
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 (30                     0.5
                                                                                 minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ FDA is using one animal facility or sponsor for estimation purposes.


[[Page 58669]]


                               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 (45                    2.25
                                                                                 minutes).
3.4.2 \4\.....................               3           10.67              32  0.25 (15                       8
                                                                                 minutes).
3.4.3.2 \5\...................               3            2.67               8  0.25 (15                       2
                                                                                 minutes).
3.5.1 \6\.....................               3            0.33               1  0.50 (30                    0.50
                                                                                 minutes).
3.5.2 \6\.....................               3            0.33               1  0.25 (15                    0.25
                                                                                 minutes).
3.5.4.........................               3               1               3  0.17 (10                    0.51
                                                                                 minutes).
3.6.4 \7\.....................               3            2.67               8  0.25 (15                       2
                                                                                 minutes).
3.7 \7\.......................               4               2               8  0.08 (5 minutes)            0.64
4.2.3.2 \8\...................               5              25             125  0.17 (10                   21.25
                                                                                 minutes).
4.2.3.2 \6\...................               5            0.20               1  0.17 (10                    0.17
                                                                                 minutes).
4.2.3.3 and 4.3.2 \6\.........               5            0.20               1  0.17 (10                    0.17
                                                                                 minutes).
4.3.1.........................               3               1               3  0.25 (15                    0.75
                                                                                 minutes).
5.2 \9\.......................               3               4              12  0.08 (5 minutes)            0.96
                               ---------------------------------------------------------------------------------
    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.)
\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
     PHS guideline section         Number of      disclosures    Total annual    Average burden     Total hours
                                  respondents   per respondent    disclosures    per disclosure
----------------------------------------------------------------------------------------------------------------
3.2.7.2 \2\...................               1               1               1  0.50 (30                     0.5
                                                                                 minutes).
3.4 \3\.......................               4            0.25               1  0.08 (5 minutes)            0.08
3.5.1 \4\.....................               4            0.25               1  0.25 (15                    0.25
                                                                                 minutes).
3.5.4 \5\.....................               4               1               4  0.50 (30                    2.00
                                                                                 minutes).
3.5.5 \4\.....................               4            0.25               1  0.25 (15                    0.25
                                                                                 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 one animal facility or sponsor for estimation purposes.
\3\ FDA's records indicate that an average of one IND is 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 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

[[Page 58670]]

voluntary standards which reflect industry's usual and customary 
business practice.

 Table 7--Collection of Information Required by Current Regulations and
                                Standards
------------------------------------------------------------------------
                                                         21 CFR section
                                                             (unless
     PHS guideline section            Description           otherwise
                                                             stated)
------------------------------------------------------------------------
2.2.1.........................  Document offsite        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)
                                 characterized health    and 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    9 CFR parts 1,
                                 the humane care of      2, and 3 and
                                 animals.                PHS Policy.\1\
3.2.4.........................  Procedures consistent   AAALAC
                                 for accreditation by    International
                                 the Association for     Rules of
                                 Assessment and          Accreditation
                                 Accreditation of        \2\ and NRC
                                 Laboratory Animal       Guide.\3\
                                 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             211.100 and
                                 maintenance and         211.122.
                                 surveillance to be
                                 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,     211.84(d) and
                                 and enforce SOPs 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
                                 xenotransplant          )(f) and (g),
                                 recipient; sponsor      and 312.62(b)
                                 ensures documentation   and (c).
                                 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         312.32.
                                 clinical episode
                                 potentially
                                 representing a
                                 xenogeneic infection.
4.2.2.1.......................  Document                312.52.
                                 collaborations
                                 (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         312.57 and
                                 records of receipt,     312.62(b).
                                 shipment, 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://olaw.nih.gov/policies-laws/phs-policy.htm).
\2\ AAALAC International Rules of Accreditation (https://www.aaalac.org/accreditation-program/rules-of-accreditation/).
\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 other than to adjust total burden hours by one hour, from 60 
to 59 total burden hours, to address an inadvertent error in disclosure 
burden in the previous submissions to OMB.

    Dated: October 15, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-23086 Filed 10-21-21; 8:45 am]
BILLING CODE 4164-01-P


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