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Federal Register / Vol. 71, No.

228 / Tuesday, November 28, 2006 / Notices 68821

manufacturers that it views certain of Dockets Management between 9 a.m. for electronic access to the guidance
practices as being inconsistent with the and 4 p.m., Monday through Friday. document.
marketing of an ASR, as defined in Sec. Dated: November 20, 2006. Submit written comments on the
864.4020. As the draft guidance Jeffrey Shuren, guidance to the Division of Dockets
document explains, when an ASR is Management (HFA–305), Food and Drug
Assistant Commissioner for Policy.
marketed in certain ways, FDA views Administration, 5630 Fishers Lane, rm.
[FR Doc. E6–20030 Filed 11–27–06; 8:45 am]
the product as no longer being an ASR 1061, Rockville, MD 20852. Submit
BILLING CODE 4160–01–S
within the meaning of Sec. 860.4020. electronic comments to http://
FDA issued this draft guidance on www.fda.gov/dockets/ecomments.
September 7, 2006. The initial comment DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT:
period on the draft guidance closes on HUMAN SERVICES Brenda R. Friend, Center for Biologics
December 6, 2006, but at the request of Evaluation and Research (HFM–17),
in vitro diagnostic device stakeholders, Food and Drug Administration Food and Drug Administration, 1401
FDA has decided to extend the Rockville Pike, suite 200N, Rockville,
[Docket No. 2005D–0310]
comment period for an additional 90 MD 20852–1448, 301–827–6210.
days, until March 5, 2007. Guidance for Industry: Gene Therapy SUPPLEMENTARY INFORMATION:
II. Electronic Access Clinical Trials—Observing Subjects for I. Background
Delayed Adverse Events; Availability
Persons interested in obtaining a copy FDA is announcing the availability of
of the draft guidance may do so by using AGENCY: Food and Drug Administration, a document entitled ‘‘Guidance for
the Internet. To receive ‘‘Commercially HHS. Industry: Gene Therapy Clinical
Distributed Analyte Specific Reagents ACTION: Notice. Trials—Observing Subjects for Delayed
(ASRs): Frequently Asked Questions,’’ Adverse Events,’’ dated November 2006.
you may either send an email request to SUMMARY: The Food and Drug
This guidance provides to sponsors of
dsmica@fda.hhs.gov to receive an Administration (FDA) is announcing the
gene therapy studies recommendations
electronic copy of the document, or availability of a document entitled
on the following: (1) Methods to assess
send a fax request to 240–276–3151 to ‘‘Guidance for Industry: Gene Therapy
the risk of gene-therapy-related delayed
receive a hard copy. Please use the Clinical Trials—Observing Subjects for
adverse events following exposure to
document number 1590 to identify the Delayed Adverse Events,’’ dated
investigational gene therapy products,
guidance you are requesting. November 2006. The guidance
(2) guidance for determining the
CDRH maintains an entry on the document provides sponsors of gene
likelihood that long-term follow-up
Internet for easy access to information therapy studies with recommendations
observations on study subjects will
including text, graphics, and files that regarding collection of data on delayed
provide scientifically meaningful
may be downloaded to a personal adverse events in subjects who have
information, and (3) specific advice
computer with Internet access. Updated been exposed to investigational gene
regarding the duration and design of
on a regular basis, the CDRH home page therapy products. The guidance
long-term follow-up observations.
includes device safety alerts, Federal announced in this notice finalizes the In the Federal Register of August 23,
Register reprints, information on draft guidance entitled ‘‘Guidance for 2005 (70 FR 49296), FDA announced the
premarket submissions (including lists Industry: Gene Therapy Clinical availability of the draft guidance
of approved applications and Trials—Observing Participants for entitled ‘‘Guidance for Industry: Gene
manufacturers’ addresses), small Delayed Adverse Events,’’ dated August Therapy Clinical Trials—Observing
manufacturer’s assistance, information 2005, and supplements the Participants for Delayed Adverse
on video conferencing and electronic recommendations for study subject Events,’’ dated August 2005. FDA
submissions, Mammography Matters, long-term follow-up in the ‘‘Guidance received numerous comments on the
and other device-oriented information. for Industry: Supplemental Guidance on draft guidance and those comments
The CDRH Web site may be accessed at Testing for Replication Competent were considered as the guidance was
http://www.fda.gov/cdrh. A search Retrovirus in Retroviral Vector Based finalized. A summary of changes
capability for all CDRH guidance Gene Therapy Products and During includes the following: (1) Clarification
documents is available at http:// Follow-up of Patients in Clinical Trials on topics not included in the guidance;
www.fda.gov/cdrh/guidance.html. Using Retroviral Vectors’’ (Retroviral (2) revised recommendations for
Guidance documents are also available Vector guidance), dated November 2006. preclinical study design to assess vector
on the Division of Dockets Management DATES: Submit written or electronic biodistribution and persistence; and (3)
Internet site at http://www.fda.gov/ comments on agency guidances at any revised recommendations for data
ohrms/dockets. time. collection and data reporting in trials
ADDRESSES: Submit written requests for involving integrated vectors (e.g.,
III. Comments
single copies of the guidance to the retroviral vectors). The guidance
Interested persons may submit to the Office of Communication, Training, and announced in this notice finalizes the
Division of Dockets Management (see Manufacturers Assistance (HFM–40), draft guidance entitled ‘‘Guidance for
ADDRESSES), written or electronic Center for Biologics Evaluation and Industry: Gene Therapy Clinical
comments regarding this document. Research (CBER), Food and Drug Trials—Observing Participants for
Submit a single copy of electronic Administration, 1401 Rockville Pike, Delayed Adverse Events,’’ dated August
comments or two paper copies of any suite 200N, Rockville, MD 20852–1448. 2005. This guidance also supplements
mailed comments, except that Send one self-addressed adhesive label the recommendations in the Retroviral
ycherry on PROD1PC61 with NOTICES

individuals may submit one paper copy. to assist the office in processing your Vector guidance, dated November 2006,
Comments are to be identified with the requests. The guidance may also be for study subject long-term follow-up.
docket number found in brackets in the obtained by mail by calling CBER at 1– The guidance is being issued
heading of this document. Received 800–835–4709 or 301–827–1800. See consistent with FDA’s good guidance
comments may be seen in the Division the SUPPLEMENTARY INFORMATION section practices regulation (21 CFR 10.115).

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68822 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices

The guidance represents FDA’s current DEPARTMENT OF HEALTH AND and Drug Administration, 2098 Gaither
thinking on this topic. It does not create HUMAN SERVICES Rd., Rockville, MD 20850, 240–276–
or confer any rights for or on any person 0490, ext. 162.
and does not operate to bind FDA or the Food and Drug Administration SUPPLEMENTARY INFORMATION:
public. An alternative approach may be [Docket No. 2006D–0347] I. Background
used if such approach satisfies the
requirements of the applicable statutes Draft Guidance for Industry, Clinical FDA is extending the comment period
and regulations. Laboratories, and Food and Drug on the ‘‘Draft Guidance for Industry,
Administration Staff on In Vitro Clinical Laboratories, and FDA Staff on
II. Paperwork Reduction Act of 1995 Diagnostic Multivariate Index Assays; In Vitro Diagnostic Multivariate Index
Availability; Extension of Comment Assays.’’ This draft guidance is intended
This guidance refers to previously to provide clarification on FDA’s
Period
approved collections of information approach to regulation of in vitro
found in FDA regulations. These AGENCY: Food and Drug Administration, diagnostic multivariate index assays.
collections of information are subject to HHS. The agency issued this draft guidance
review by the Office of Management and ACTION: Notice; extension of comment on September 7, 2006. The initial
Budget (OMB) under the Paperwork period. comment period on the draft guidance
Reduction Act of 1995 (44 U.S.C. 3501– closes on December 6, 2006, but at the
3520). The collections of information in SUMMARY: The Food and Drug request of in vitro diagnostic device
the Investigational New Drug Administration (FDA) is extending the stakeholders, the agency has decided to
Application (IND) regulations (21 CFR comment period on the ‘‘Draft Guidance extend the comment period for an
part 312) have been approved under for Industry, Clinical Laboratories, and additional 90 days, until March 5, 2007.
OMB control number 0910–0014; the FDA Staff on In Vitro Diagnostic
II. Comments
Good Laboratory Practice regulations Multivariate Index Assays.’’ The agency
announced the availability of this draft Interested persons may submit to the
(21 CFR part 58) have been approved Division of Dockets Management (see
guidance in the Federal Register of
under OMB control number 0910–0119. ADDRESSES), written or electronic
September 7, 2006 (71 FR 52800). The
III. Comments initial comment period closes on comments regarding this document.
December 6, 2006. To provide interested Submit electronic comments to http://
Interested persons maysubmit to the persons additional time to review and www.fda.gov/dockets/ecomments.
Division of Dockets Management (see submit comments on the draft guidance, Submit two paper copies of any mailed
ADDRESSES) written or electronic the agency has decided to extend the comments, except that individuals may
comments regarding the guidance. comment period. submit one copy. Comments are to be
Submit a single copy of electronic DATES: Submit written or electronic identified with the docket number
comments or two paper copies of any comments on this draft guidance by found in brackets in the heading of this
mailed comments, except that March 5, 2007. General comments on document. Received comments may be
individuals may submit one paper copy. agency guidance documents are seen in the Division of Dockets
Comments are to be identified with the welcome at any time. Management between 9 a.m. and 4 p.m.,
docket number found in brackets in the Monday through Friday.
ADDRESSES: Submit written requests for
heading of this document. A copy of the single copies of the guidance document III. Electronic Access
guidance and received comments may entitled ‘‘Draft Guidance for Industry, Persons interested in obtaining a copy
be seen in the Division of Dockets Clinical Laboratories, and FDA Staff on of the draft guidance may do so by using
Management between 9 a.m. and 4 p.m., In Vitro Diagnostic Multivariate Index the Internet. To receive ‘‘Draft Guidance
Monday through Friday. Assays’’ to the Division of Small for Industry, Clinical Laboratories, and
Manufacturers, International, and FDA Staff on In Vitro Diagnostic
IV. Electronic Access Consumer Assistance (HFZ–220), Center Multivariate Index Assays,’’ you may
Persons with access to the Internet for Devices and Radiological Health, either send an e-mail request to
may obtain the guidance at either http:// Food and Drug Administration, 1350 dsmica@fda.hhs.gov to receive an
www.fda.gov/cber/guidelines.htm or Piccard Dr., Rockville, MD 20850. Send electronic copy of the document or send
http://www.fda.gov/ohrms/dockets/ one self-addressed adhesive label to a fax request to 240–276–3151 to receive
default.htm. assist that office in processing your a hard copy. Please use the document
request, or fax your request to 240–276– number 1610 to identify the guidance
Dated: November 20, 2006. 3151. See the SUPPLEMENTARY you are requesting.
Jeffrey Shuren, INFORMATION section for information on CDRH maintains an entry on the
Assistant Commissioner for Policy. electronic access to the guidance. Internet for easy access to information
[FR Doc. E6–20129 Filed 11–27–06; 8:45 am] Submit written comments concerning including text, graphics, and files that
this draft guidance to the Division of may be downloaded to a personal
BILLING CODE 4160–01–S
Dockets Management (HFA–305), Food computer with Internet access. Updated
and Drug Administration, 5630 Fishers on a regular basis, the CDRH home page
Lane, rm. 1061, Rockville, MD 20852. includes device safety alerts, Federal
Submit electronic comments to http:// Register reprints, information on
www.fda.gov/dockets/ecomments. premarket submissions (including lists
Identify comments with the docket of approved applications and
ycherry on PROD1PC61 with NOTICES

number found in brackets in the manufacturers’ addresses), small


heading of this document. manufacturer’s assistance, information
FOR FURTHER INFORMATION CONTACT: on video conferencing and electronic
Courtney Harper, Center for Devices and submissions, Mammography Matters,
Radiological Health (HFZ–440), Food and other device-oriented information.

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