[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Rules and Regulations]
[Pages 43989-43990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15718]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1271
[Docket No. FDA-2017-D-6146]
Regulatory Considerations for Human Cells, Tissues, and Cellular
and Tissue-Based Products: Minimal Manipulation and Homologous Use;
Guidance for Industry and Food and Drug Administration Staff;
Availability
AGENCY: Food and Drug Administration, HHS.
ACTION: Notification of availability.
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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry and FDA staff
entitled ``Regulatory Considerations for Human Cells, Tissues, and
Cellular and Tissue-Based Products: Minimal Manipulation and Homologous
Use.'' The guidance does not alter FDA's current thinking on the
regulatory criteria of minimal manipulation and homologous use for
human cells, tissues, and cellular and tissue-based product (HCT/P).
The guidance announced in this notice supersedes the guidance of the
same title dated November 2017 and corrected December 2017. The
guidance revises section V of the November 2017 guidance to communicate
that the Agency is extending the period of time during which FDA
intends to exercise enforcement discretion regarding certain regulatory
requirements for certain HCT/Ps; this time period will run through May
31, 2021, instead of November 30, 2020.
DATES: The announcement of the guidance is published in the Federal
Register on July 21, 2020.
ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:
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-2017-D-6146 for ``Regulatory Considerations for Human Cells,
Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation
and Homologous Use.'' Received comments 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 Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852, 240-402-7500.
[[Page 43990]]
You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
Submit written requests for single copies of the guidance to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist the office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.
FOR FURTHER INFORMATION CONTACT: Jessica Walker Udechukwu, Center for
Biologics Evaluation and Research, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002,
240-402-7911; or Andrew Yeatts, Office of Device Evaluation, Center for
Devices and Radiological Health, Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 66, Rm. 5510, Silver Spring, MD 20993-0002,
301-796-4539; or Leigh Hayes, Office of Combination Products, Office of
the Commissioner, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 32, Rm. 5127, Silver Spring, MD 20993-0002, 301-796-8938.
SUPPLEMENTARY INFORMATION:
I. Background
FDA is announcing the availability of a document entitled
``Regulatory Considerations for Human Cells, Tissues, Cellular and
Tissue-Based Products: Minimal Manipulation and Homologous Use.'' This
guidance is being issued consistent with FDA's good guidance practices
regulation (Sec. 10.115 (21 CFR 10.115)). The Agency is soliciting
public comment, but is implementing this guidance immediately, because
the Agency has determined that prior public participation is not
feasible or appropriate. Although this guidance document is immediately
in effect, it remains subject to comment in accordance with FDA's good
guidance practices regulation.
The guidance does not alter FDA's current thinking on the
regulatory criteria of minimal manipulation and homologous use for
human cells, tissues, and cellular and tissue-based product (HCT/P) as
described in the November 2017 guidance of the same name and corrected
in December 2017. The only substantive change to this guidance is to
revise section V of the November 2017 guidance to communicate that FDA
intends to exercise enforcement discretion for certain regulatory
requirements for certain HCT/Ps for a longer period of time, i.e.,
through May 31, 2021, instead of November 30, 2020. This will give
manufacturers additional time to determine if they need to submit an
investigational new drug (IND) or marketing application and, if such an
application is needed, to prepare the IND or marketing application.
Such additional time is warranted in light of the Coronavirus Disease
2019 (COVID-19) public health emergency, which has presented unique
challenges in recruiting clinical trial participants and carrying out
clinical trials.
As described in the guidance, FDA generally intends to exercise
enforcement discretion with respect to the IND and the premarket
approval requirements for HCT/Ps that do not meet one or more of the 21
CFR 1271.10(a) criteria, provided that use of the HCT/P does not raise
reported safety concerns or potential significant safety concerns. FDA
intends to continue to focus enforcement actions on products with
higher risk, including based on the route and site of administration.
This guidance is being issued consistent with FDA's good guidance
practices regulation (Sec. 10.115(g)(2)). The guidance represents the
current thinking of FDA on ``Regulatory Considerations for Human Cells,
Tissues, and Cellular and Tissue-Based Products: Minimal Manipulation
and Homologous Use.'' It does not establish any rights for any person
and is not binding on FDA or the public. You can use an alternative
approach if it satisfies the requirements of the applicable statutes
and regulations.
II. Paperwork Reduction Act of 1995
This guidance contains no collection of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required.
However, this guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by OMB under the PRA. The collections of
information in 21 CFR part 1271 have been approved under OMB control
number 0910-0543.
III. Electronic Access
Persons with access to the internet may obtain the guidance at
https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances; https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products; https://www.fda.gov/combination-products/guidance-regulatory-information; or https://www.regulations.gov.
Dated: July 15, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-15718 Filed 7-20-20; 8:45 am]
BILLING CODE 4164-01-P