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63768 Federal Register / Vol. 71, No.

210 / Tuesday, October 31, 2006 / Notices

TABLE 2.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1—Continued


No. of Annual Frequency Total Annual Hours per
21 CFR Section Total Hours
Recordkeepers of Recordkeeping Records Recordkeeper

812.140 Nonsignificant 600 1 600 6 3,600

Total 11,050
1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: October 24, 2006. 351 and 361 of the Public Health include the following information, as
Jeffrey Shuren, Service (PHS) act (42 U.S.C. 262 and recommended by the specific PHS
Assistant Commissioner for Policy. 264) and the provisions of the Federal guideline sections: (1) Records linking
[FR Doc. E6–18200 Filed 10–30–06; 8:45 am] Food, Drug, and Cosmetic Act that each xenotransplantation product
BILLING CODE 4160–01–S
apply to drugs (21 U.S.C. 301 et seq.). recipient with relevant health records of
The PHS guideline recommends the source animal, herd, or colony, and
procedures to diminish the risk of the specific organ, tissue, or cell type
DEPARTMENT OF HEALTH AND transmission of infectious agents to the included in or used in the manufacture
HUMAN SERVICES xenotransplantation product recipient of the product (3.2.7.1); (2) aliquots of
and the general public. The PHS serum samples from randomly selected
Food and Drug Administration guideline is intended to address public animal and specific disease
health issues raised by investigations (3.4.3.1); (3) source
[Docket No. 2006N–0239]
xenotransplantation, through animal biological specimens designated
Agency Information Collection identification of general principles of for PHS use (3.7.1); animal health
Activities; Submission for Office of prevention and control of infectious records (3.7.2), including necropsy
Management and Budget Review; diseases associated with results (3.6.4); and (4) recipients’
Comment Request; Infectious Disease xenotransplantation that may pose a biological specimens (4.1.2). The
Issues in Xenotransplantation hazard to the public health. The retention period is intended to assist
collection of information described in health care practitioners and officials in
AGENCY: Food and Drug Administration, this guideline is intended to provide surveillance and in tracking the source
HHS. general guidance to sponsors in the of an infection, disease, or illness that
ACTION: Notice. following ways: (1) The development of might emerge in the recipient, the
xenotransplantation clinical protocols, source animal, or the animal herd or
SUMMARY: The Food and Drug (2) the preparation of submissions to colony after a xenotransplantation.
Administration (FDA) is announcing FDA, and (3) the conduct of The recommendation for maintaining
that a proposed collection of xenotransplantation clinical trials. Also, records for 50 years is based on clinical
information has been submitted to the the collection of information will help experience with several human viruses
Office of Management and Budget ensure that the sponsor maintains that have presented problems in human
(OMB) for review and clearance under important information in a cross- to human transplantation and are
the Paperwork Reduction Act of 1995. referenced system that links the relevant therefore thought to share certain
DATES: Fax written comments on the records of the xenotransplantation characteristics with viruses that may
collection of information by November product recipient, xenotransplantation pose potential risks in
30, 2006. product, source animal(s), animal xenotransplantation. These
ADDRESSES: To ensure that comments on procurement center, and significant characteristics include long latency
the information collection are received, nosocomial exposures. The PHS periods and the ability to establish
OMB recommends that written guideline describes an occupational persistent infections. Several also share
comments be faxed to the Office of health service program for the the possibility of transmission among
Information and Regulatory Affairs, protection of health care workers individuals through intimate contact
OMB, Attn: FDA Desk Officer, FAX: involved in xenotransplantation with human body fluids. Human
202–395–6974. procedures, caring for immunodeficiency virus (HIV) and
xenotransplantation product recipients, Human T-lymphotropic virus are
FOR FURTHER INFORMATION CONTACT:
and performing associated laboratory human retroviruses. Retroviruses
Jonna Capezzuto, Office of the Chief
testing. The guideline also describes a contain ribonucleic acid (RNA) that is
Information Officer (HFA–250), Food
public health need for a national reverse-transcribed into
and Drug Administration, 5600 Fishers
xenotransplantation database, which is deoxyribonucleic acid (DNA) using an
Lane, Rockville, MD 20857, 301–827–
currently under development by PHS. enzyme provided by the virus and the
4659.
The PHS guideline is intended to human cell machinery. That viral DNA
SUPPLEMENTARY INFORMATION: In protect the public health and to help can then be integrated into the human
compliance with 44 U.S.C. 3507, FDA ensure the safety of using cellular DNA. Both viruses establish
has submitted the following proposed xenotransplantation products in persistent infections and have long
collection of information to OMB for humans by preventing the introduction, latency periods before the onset of
transmission, and spread of infectious disease, 10 years and 40 to 60 years,
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review and clearance.


diseases associated with respectively. The human hepatitis
Infectious Disease Issues in viruses are not retroviruses, but several
xenotransplantation.
Xenotransplantation—(OMB Control The PHS guideline also recommends share with HIV the characteristic that
Number 0910–0456)—Extension that certain specimens and records be they can be transmitted through body
The statutory authority to collect this maintained for 50 years beyond the date fluids, can establish persistent
information is provided under sections of the xenotransplantation. These infections, and have long latency

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Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices 63769

periods, e.g., approximately 30 years for TABLE 1.—REPORTING TABLE 2.—RECORDKEEPING


Hepatitis C. RECOMMENDATIONS RECOMMENDATIONS—Continued
In addition, the PHS guideline
recommends that a record system be PHS PHS
Guideline Description Guideline Description
developed that allows easy, accurate, Section Section
and rapid linkage of information among
the specimen archive, the recipient’s 3.2.7.2 Notify sponsor or FDA of new 3.4.3.2 Document full necropsy inves-
medical records, and the records of the archive site when the source tigations including evaluation
source animal for 50 years. The animal facility or sponsor for infectious etiologies
development of such a record system is ceases operations
3.5.1 Justify shortening a source ani-
a one-time burden. Such a system is mal’s quarantine period of 3
3.4 Standard operating procedures
intended to cross-reference and locate (SOPs) of source animal fa- weeks prior to
relevant records of recipients, products, cility should be available to xenotransplantation product
source animals, animal procurement review bodies procurement
centers, and nosocomial exposures.
3.5.1 Include increased infectious 3.5.2 Document absence of infec-
Respondents to this collection of tious agent in
risk in informed consent if
information are the sponsors of clinical source animal quarantine pe- xenotransplantation product if
studies of investigational riod of 3 weeks is shortened its presence elsewhere in
xenotransplantation products under source animal does not pre-
investigational new drug applications 3.5.4 Sponsor to make linked clude using it
(INDs) and xenotransplantation product records described in section
procurement centers, referred to as 3.2.7 available for review 3.5.4 Add summary of individual
source animal facilities. There are an source animal record to per-
3.5.5 Source animal facility to notify manent medical record of the
estimated 12 respondents who are
clinical center when infec- xenotransplantation product
sponsors of INDs that include protocols tious agent is identified in recipient
for xenotransplantation in humans. source animal or herd after
Other respondents for this collection of xenotransplantation product 3.6.4 Document complete necropsy
information are an estimated 18 source procurement results on source animals
animal facilities that provide source (50-year record retention)
xenotransplantation product material to
sponsors for use in human TABLE 2.—RECORDKEEPING 3.7 Link xenotransplantation prod-
RECOMMENDATIONS uct recipients to individual
xenotransplantation procedures. These source animal records and
18 source animal facilities keep medical archived biologic specimens
records of the herds/colonies as well as PHS
Guideline Description
the medical records of the individual Section 4.2.3.2 Record base-line sera of
source animal(s). The total annual xenotransplantation health
reporting and recordkeeping burden is 3.2.7 Establish records linking each care workers and specific
estimated to be approximately 156 xenotransplantation product nosocomial exposure
hours. The burden estimates are based recipient with relevant
records 4.2.3.3 Keep a log of health care work-
on FDA’s records of and ers’ significant nosocomial
xenotransplantation-related INDs and 4.3.2 exposure(s)
4.3 Sponsor to maintain cross-ref-
estimates of time required to complete erenced system that links all
the various reporting and recordkeeping relevant records (recipient, 4.3.1 Document each xenotransplant
tasks described in the guideline. FDA product, source animal, ani- procedure
does not expect the level of clinical mal procurement center, and
studies using xenotransplantation to nosocomial exposures) 5.2 Document location and nature
of archived PHS specimens
increase significantly in the next few in health care records of
years. 3.4.2 Document results of monitoring
program used to detect intro- xenotransplantation product
FDA is requesting an extension of duction of infectious agents recipient and source animal
OMB approval for the following which may not be apparent
reporting and recordkeeping clinically FDA estimates the burden for this
recommendations in the PHS guideline: collection of information as follows:

TABLE 3.—ESTIMATED ANNUAL REPORTING BURDEN1


No. of Annual Frequency Total Annual Hours per
PHS Guideline Section Total Hours
Respondents per Response Responses Response

3.2.7.22 1 1 1 0.5 0.5

3.43 12 0.33 4 0.08 0.32


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3.5.14 12 0.08 (0–1) 1 0.25 0.25

3.5.45 12 1 12 0.5 6.0

3.5.54 18 0.06 (0–1) 1 0.2 0.2

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63770 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices

TABLE 3.—ESTIMATED ANNUAL REPORTING BURDEN1—Continued


No. of Annual Frequency Total Annual Hours per
PHS Guideline Section Total Hours
Respondents per Response Responses Response

Total 7.27
1Thereare no capital costs or operating and maintenance costs associated with this collection of information.
2No animal facility or sponsor has ceased operations in the last 3 years, however, we are using 1 respondent for estimation purposes.
3FDA’s records indicate that an average of 4 INDs are expected to be submitted per year.
4To our knowledge, has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
5Based on an estimate of 36 patients treated over a 3 year period, the average number of xenotransplantation product recipients per year is
estimated to be 12.

TABLE 4.—ESTIMATED ANNUAL RECORDKEEPING BURDEN1


No. of Annual Frequency Total Annual Hours per
PHS Guideline Section Total Hours
Recordkeepers per Recordkeeping Records Record

3.2.72 1 1 1 16 16

4.33 12 1 12 0.83 9.96

3.4.24 12 11 132 0.25 33

3.4.3.25 18 4 72 0.3 21.6

3.5.16 12 0.08 (0–1) 1 0.5 0.5

3.5.26 12 0.08 (0–1) 1 0.25 0.25

3.5.4 12 1 12 0.17 2.04

3.6.47 12 2 24 0.25 6

3.77 18 1.33 24 0.08 1.92

4.2.3.28 12 25 300 0.17 51

4.2.3.26 12 0.08 (0–1) 1 0.17 0.17

4.2.3.3 and 4.3.26 12 0.08 (0–1) 1 0.17 0.17

4.3.1 12 1 12 0.25 3

5.29 12 3 36 0.08 2.88

Total 148.49
1There are no capital costs or operating and maintenance costs associated with this collection of information.
2A1-time burden for new respondents to set up a recordkeeping system linking all relevant records. FDA estimates 1 new sponsor annually.
3FDA estimates there is minimal recordkeeping burden associated with maintaining the record system.
4Monitoring 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 18 facilities = 108 sentinel animals. There are approximately 24 source animals per year (see footnote 7 of this table); 108 +
24 = 132 monitoring records to document.
5Necropsy for animal deaths of unknown cause estimated to be approximately 4 per herd per year x 1 herd per facility x 18 facilities = 72.
6Has not occurred in the past 3 years and is expected to continue to be a rare occurrence.
7On 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 12 recipients annually = 24 source animals per year (see footnote 5 of table 3 of this document).
8FDA estimates there are approximately 12 clinical centers doing xenotransplantation procedures x approximately 25 health care workers in-
volved per center = 300 health care workers.
924 source animal records + 12 recipient records = 36 total records.

Because of the potential risk for cross- Information collections in this 2009, under OMB control number 0910–
species transmission of pathogenic guideline not included in tables 1 0014; and (3) information included in a
persistent virus, the guideline through 4 can be found under existing license application, 21 CFR 601.2,
recommends that health records be regulations and approved under the approved through September 30, 2008,
retained for 50 years. Since these OMB control numbers as follows: (1) under OMB control number 0910–0338.
records are medical records, the ‘‘Current Good Manufacturing Practice (Although it is possible that a
retention of such records for up to 50 for Finished Pharmaceuticals,’’ 21 CFR xenotransplantation product may not be
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years is not information subject to the 211.1 through 211.208, approved regulated as a biological product (e.g., it
PRA (5 CFR 1320.3(h)(5)). Also, because through September 30, 2008, under may be regulated as a medical device),
of the limited number of clinical studies OMB control number 0910–0139; (2) FDA believes, based on its knowledge
with small patient populations, the ‘‘Investigational New Drug and experience with
number of records is expected to be Application,’’ 21 CFR 312.1 through xenotransplantation, that any
insignificant at this time. 312.160, approved through May 31, xenotransplantation product subject to

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Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices 63771

FDA regulation within the next 3 years collections; assessments for these activities that are already encompassed
will most likely be regulated as a burdens are included in tables 1 through by existing regulations or are consistent
biological product.) However, FDA 4. with voluntary standards that reflect
recognized that some of the information In table 5 of this document, FDA industry’s usual and customary business
collections go beyond approved identifies those information collection practice.

TABLE 5.—COLLECTION OF INFORMATION REQUIRED BY CURRENT REGULATIONS AND STANDARDS


PHS 21 CFR Section (Unless
Guideline Description of Collection of Information Activity Otherwise Stated)
Section

2.2.1 Document off-site collaborations 312.52

2.5 Sponsor ensure counseling patient, family, and contacts 312.62(c)

3.1.1 and Document well-characterized health history and lineage of source animals 312.23(a)(7)(a) and
3.1.6 211.84

3.1.8 Registration with and import permit from the Centers for Disease Control and Prevention 42 CFR 71.53

3.2.2 Document collaboration with accredited microbiology labs 312.52

3.2.3 Procedures to ensure the humane care of animals 9 CFR parts 1, 2, and 3
and PHS Policy1

3.2.4 Procedures consistent for accreditation by the Association for Assessment and Accreditation of Labora- AAALAC international
tory Animal Care International (AAALAC International) and consistent with the National Research rules of accreditation2
Council’s (NRC’s) guide and NRC guide3

3.2.5, Herd health maintenance and surveillance to be documented, available, and in accordance with docu- 211.100 and 211.122
3.4, mented procedures; record standard veterinary care
and
3.4.1

3.2.6 Animal facility SOPs PHS Policy1

3.3.3 Validate assay methods 211.160(a)

3.6.1 Procurement and processing of xenografts using documented aseptic conditions 211.100 and 211.122

3.6.2 Develop, implement, and enforce SOPs for procurement and screening processes 211.84(d) and
211.122(c)

3.6.4 Communicate to FDA animal necropsy findings pertinent to health of recipient 312.32(c)

3.7.1 PHS specimens to be linked to health records; provide to FDA justification for types of tissues, cells, 312.23(a)(6)
and plasma, and quantities of plasma and leukocytes collected

4.1.1 Surveillance of xenotransplant recipient; sponsor ensures documentation of surveillance program life- 312.23(a)(6)(iii)(f) and
long (justify > 2 years (yrs.)); investigator case histories (2 yrs. after investigation is discontinued) (g), and 312.62(b) and
(c)

4.1.2 Sponsor to justify amount and type of reserve samples 211.122

4.1.2.2 System for prompt retrieval of PHS specimens and linkage to medical records (recipient and source 312.57(a)
animal)

4.1.2.3 Notify FDA of a clinical episode potentially representing a xenogeneic infection 312.32

4.2.2.1 Document collaborations (transfer of obligation) 312.52

4.2.3.1 Develop educational materials (sponsor provides investigators with information needed to conduct in- 312.50
vestigation properly)

4.3 Sponsor to keep records of receipt, shipment, and disposition of investigative drug; investigator to keep 312.57 and 312.62(b)
records of case histories
1The ‘‘Public Health Service Policy on Humane Care and Use of Laboratory Animals’’ (http://www.grants.nih.gov/grants/olaw/references/
phspol.htm).
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2AAALAC international rules of accreditation (http://www.aaalac.org/accreditation/rules.cfm). (FDA has verified the Web site address, but is not
responsible for subsequent changes to the Web site address after this document publishes in the Federal Register.)
2AAALAC international rules of accreditation (http://www.aaalac.org/accreditation/rules.cfm). (FDA has verified the Web site address, but is not
responsible for subsequent changes to the Web site address after this document publishes in the Federal Register.)
3NRC’s ‘‘Guide for the Care and Use of Laboratory Animals’’ (1996).

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63772 Federal Register / Vol. 71, No. 210 / Tuesday, October 31, 2006 / Notices

In the Federal Register of June 22, SUPPLEMENTARY INFORMATION: Under the the applicable CGMP regulations (parts
2006 (71 FR 35911), FDA published a PRA (44 U.S.C. 3501–3520), Federal 211, 606, and 820 (21 CFR parts 211,
60-day notice requesting public agencies must obtain approval from the 606, and 820)). Transfusion services are
comment on the information collection Office of Management and Budget required under 42 CFR 493.1271 to
provisions. No comments were received. (OMB) for each collection of comply with 21 CFR parts 606 and 640
Dated: October 24, 2006. information they conduct or sponsor. as they pertain to the performance of
Jeffrey Shuren,
‘‘Collection of information’’ is defined manufacturing activities. FDA regards
in 44 U.S.C. 3502(3) and 5 CFR biological product deviation (BPD)
Assistant Commissioner for Policy.
1320.3(c) and includes agency requests reporting to be an essential tool in its
[FR Doc. E6–18203 Filed 10–30–06; 8:45 am] or requirements that members of the directive to protect public health by
BILLING CODE 4160–01–S public submit reports, keep records, or establishing and maintaining
provide information to a third party. surveillance programs that provide
Section 3506(c)(2)(A) of the PRA (44 timely and useful information.
DEPARTMENT OF HEALTH AND U.S.C. 3506(c)(2)(A)) requires Federal Section 600.14 requires the
HUMAN SERVICES agencies to provide a 60-day notice in manufacturer who holds the biological
the Federal Register concerning each product license, for other than human
Food and Drug Administration
proposed collection of information, blood and blood components, and who
[Docket No. 2006N–0421] including each proposed extension of an had control over the product when the
existing collection of information, deviation occurred, to report to the
Agency Information Collection before submitting the collection to OMB Center for Biologics Evaluation and
Activities; Proposed Collection; for approval. To comply with this Research (CBER) or to the Center for
Comment Request; Biological requirement, FDA is publishing notice Drugs Evaluation and Research (CDER)
Products: Reporting of Biological of the proposed collection of as soon as possible but not to exceed 45
Product Deviations in Manufacturing; information set forth in this document. calendar days after acquiring
Forms FDA 3486 and 3486A With respect to the following information reasonably suggesting that a
AGENCY: Food and Drug Administration, collection of information, FDA invites reportable event has occurred. Section
HHS. comments on these topics: (1) Whether 606.171 requires a licensed
the proposed collection of information manufacturer of human blood and blood
ACTION: Notice.
is necessary for the proper performance components, including Source Plasma;
SUMMARY: The Food and Drug of FDA’s functions, including whether an unlicensed registered blood
Administration (FDA) is announcing an the information will have practical establishment; or a transfusion service
opportunity for public comment on the utility; (2) the accuracy of FDA’s who had control over the product when
proposed collection of certain estimate of the burden of the proposed the deviation occurred, to report to
information by the agency. Under the collection of information, including the CBER as soon as possible but not to
Paperwork Reduction Act of 1995 (the validity of the methodology and exceed 45 calendar days after acquiring
PRA), Federal agencies are required to assumptions used; (3) ways to enhance information reasonably suggesting that a
publish notice in the Federal Register the quality, utility, and clarity of the reportable event has occurred. The BPD
concerning each proposed collection of information to be collected; and (4) reporting under 21 CFR 1271.350(b) for
information, including each proposed ways to minimize the burden of the human cells, tissues, and cellular and
extension of an existing collection of collection of information on tissue-based products is approved under
information, and to allow 60 days for respondents, including through the use OMB control number 0910–0559
public comment in response to the of automated collection techniques, (expires November 30, 2007). Form FDA
notice. This notice solicits comments on when appropriate, and other forms of 3486 is used to submit BPDs under
the information collection requirements information technology. these regulations.
relating to the reporting of biological Respondents to this collection of
Biological Products: Reporting of information are the licensed
product deviations in manufacturing, Biological Product Deviations in
and Forms FDA 3486 and 3486A. manufacturers of biological products
Manufacturing; Forms FDA 3486 and other than human blood and blood
DATES: Submit written or electronic 3486A (OMB Control Number 0910– components, licensed manufacturers of
comments on the collection of 0458)—Extension blood and blood components including
information by January 2, 2007. Under section 351 of the Public Source Plasma, unlicensed registered
ADDRESSES: Submit electronic Health Service Act (42 U.S.C. 262), all blood establishments, and transfusion
comments on the collection of biological products, including human services. Based on information from
information to: http://www.fda.gov/ blood and blood components, offered FDA’s database, there are an estimated
dockets/ecomments. Submit written for sale in interstate commerce must be 147 licensed manufacturers of biological
comments on the collection of licensed and meet standards designed to products other than human blood and
information to the Division of Dockets ensure the continued safety, purity, and blood components, 194 licensed
Management (HFA–305), Food and Drug potency of such products. In addition, manufacturers of human blood and
Administration, 5630 Fishers Lane, rm. the Federal Food, Drug, and Cosmetic blood components, including Source
1061, Rockville, MD 20852. All Act (the act) (21 U.S.C. 351) provides Plasma, and 1,230 unlicensed registered
comments should be identified with the that drugs and devices (including blood establishments. Based on the
docket number found in brackets in the human blood and blood components) Center for Medicare and Medicaid
heading of this document. are adulterated if they do not conform Services records, there are an estimated
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FOR FURTHER INFORMATION CONTACT: with Current Good Manufacturing 4,980 transfusion services. The number
Jonna Capezzuto, Office of the Chief Practice (CGMP) assuring that they meet of licensed manufacturers and total
Information Officer (HFA–250), Food the requirements of the act. All annual responses under § 600.14
and Drug Administration, 5600 Fishers establishments manufacturing biological include the estimates for both CBER and
Lane, Rockville, MD 20857, 301–827– products including human blood and CDER. The number of total annual
4659. blood components must comply with responses is based on the number of

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