[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33893-33895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11211]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-D-1268]


Use of Whole Slide Imaging in Nonclinical Toxicology Studies: 
Questions and Answers; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice 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 entitled ``Use of 
Whole Slide Imaging in Nonclinical Toxicology Studies: Questions and 
Answers.'' This guidance represents FDA's current thinking on the use 
of whole slide images during good laboratory practice (GLP)-compliant 
toxicology studies. Documentation practices during generation, use, and 
retention of whole slide images have not been clearly defined and vary 
among nonclinical testing facilities. This question-and-answer document 
is intended to clarify FDA's recommendations concerning the management, 
documentation, and use of whole slide images in histopathology 
assessment and/or pathology peer review for nonclinical studies 
conducted in compliance with the GLP regulations. This guidance 
finalizes the draft guidance of the same title issued on April 8, 2022.

DATES: The announcement of the guidance is published in the Federal 
Register on May 25, 2023.

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

[[Page 33894]]

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-2021-D-1268 for ``Use of Whole Slide Imaging in Nonclinical 
Toxicology Studies: Questions and Answers.'' 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.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002 or to the Office of 
Communication, Outreach and Development, Center for Biologics 
Evaluation and Research, 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 that office in processing 
your requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Tahseen Mirza, Office of Study 
Integrity and Surveillance, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 
2211, Silver Spring, MD 20993, 301-796-7645; Diane Maloney, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993, 240-
402-7911; Judy Davis, Office of Device Evaluation, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 2220, Silver Spring, MD 20993, 301-796-
6636; Hilary Hoffman, Office of New Animal Drug Evaluation, Center for 
Veterinary Medicine, Food and Drug Administration, 7500 Standish Pl., 
Rm. 389, Rockville, MD 20855, 240-402-8406; Yuguang Wang, Office of the 
Center Director, Center for Food Safety and Applied Nutrition, Food and 
Drug Administration, 5001 Campus Dr., Rm. 4A012, College Park, MD 
20740, 240-402-1757; Hans Rosenfeldt, Office of Science, Center for 
Tobacco Products, Food and Drug Administration, 11785 Beltsville Dr., 
Calverton Tower, Rm. 5322, Beltsville, MD 20705, 301-796-2202; Eric S. 
Myskowski, Office of Bioresearch Monitoring Operations, Office of 
Regulatory Affairs, Food and Drug Administration, Resident Post--
Maplewood, 15 Sunnen Dr., Maplewood, MO 63143, 612-758-7187.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Use of Whole Slide Imaging in Nonclinical Toxicology 
Studies: Questions and Answers.'' The histopathological assessment of 
tissue samples is one of the key activities conducted during GLP-
compliant nonclinical laboratory studies. Commonly, the 
histopathological assessment includes an initial evaluation of glass 
histology slides by the study pathologist and a subsequent review 
(referred to as pathology peer review) by a second pathologist, group 
of pathologists, or Pathology Working Group. The current regulations 
(21 CFR part 58) include general requirements for histopathology 
evaluation (e.g., standard operating procedures), but the use of whole 
slide images in lieu of glass slides is not expressly addressed. This 
guidance provides information to sponsors and nonclinical laboratories 
regarding the management, documentation, and use of whole slide images 
during histopathology assessment and/or pathology peer review performed 
for GLP-compliant nonclinical toxicology studies using non-human 
specimens. The guidance does not cover the use of whole slide imaging 
for clinical applications.
    When whole slide images are used in lieu of glass slides as part of 
a nonclinical study conducted in compliance with the GLP regulations, 
adequate documentation is critical. Documentation practices during 
whole slide imaging generation and use have not been clearly defined 
and vary among nonclinical testing facilities. Use of whole slide 
images in casual consultations, opinion exchanges, and mentoring among 
pathologists are not covered by this guidance document.
    This guidance finalizes the draft guidance entitled ``Use of Whole 
Slide Imaging in Nonclinical Toxicology Studies: Questions and 
Answers'' issued on April 8, 2022 (87 FR 20872). FDA considered 
comments received on the draft guidance as the guidance was finalized. 
This revision includes editorial changes to improve the clarity of the 
document.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Use of Whole Slide Imaging in Nonclinical 
Toxicology Studies: Questions and Answers.'' 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.

[[Page 33895]]

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does 
refer to previously approved FDA collections 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 for this guidance. The previously approved collections of 
information are subject to review by OMB under the PRA. The collections 
of information in 21 CFR part 58 pertaining to good laboratory practice 
for non-clinical laboratory studies have been approved under OMB 
control number 0910-0119. The collections of information in 21 CFR part 
11 pertaining to electronic records and signatures have been approved 
under OMB control number 0910-0303.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at 
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, or https://www.regulations.gov.

    Dated: May 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-11211 Filed 5-24-23; 8:45 am]
BILLING CODE 4164-01-P