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Federal Register / Vol. 72, No.

109 / Thursday, June 7, 2007 / Notices 31589

during the regulatory review period by Administration, 1350 Piccard Dr., II. Significance of Guidance
December 4, 2007. To meet its burden, Rockville, MD 20850. Send one self- This guidance is being issued
the petition must contain sufficient facts addressed adhesive label to assist that consistent with FDA’s good guidance
to merit an FDA investigation. (See H. office in processing your request, or fax practices regulation (21 CFR 10.115).
Rept. 857, part 1, 98th Cong., 2d sess., your request to 240–276–3151. See the The guidance represents the agency’s
pp. 41–42, 1984.) Petitions should be in SUPPLEMENTARY INFORMATION section for
current thinking on assayed and
the format specified in 21 CFR 10.30. information on electronic access to the unassayed quality control material. It
Comments and petitions should be guidance. does not create or confer any rights for
submitted to the Division of Dockets Submit written comments concerning or on any person and does not operate
Management. Three copies of any this guidance to the Division of Dockets to bind FDA or the public. An
mailed information are to be submitted, Management (HFA–305), Food and Drug alternative approach may be used if
except that individuals may submit one Administration, 5630 Fishers Lane, rm. such approach satisfies the
copy. Comments are to be identified 1061, Rockville, MD 20852. Submit requirements of the applicable statute
with the docket number found in electronic comments to http:// and regulations.
brackets in the heading of this www.fda.gov/dockets/ecomments.
document. Identify comments with the docket III. Electronic Access
Comments and petitions may be seen number found in brackets in the Persons interested in obtaining a copy
in the Division of Dockets Management heading of this document. of the guidance may do so by using the
between 9 a.m. and 4 p.m., Monday Internet. To receive ‘‘Assayed and
FOR FURTHER INFORMATION CONTACT:
through Friday. Unassayed Quality Control Material;
Carol Benson, Center for Devices and
Dated: May 2, 2007. Radiological Health (HFZ–440), Food Availability,’’ you may either send an e-
Jane A. Axelrad, and Drug Administration, 2098 Gaither mail request to dsmica@fda.hhs.gov to
Associate Director for Policy, Center for Drug Rd., Rockville, MD 20850, 240–276– receive an electronic copy of the
Evaluation and Research. 0396. document or send a fax request to 240–
[FR Doc. E7–10915 Filed 6–6–07; 8:45 am] 276–3151 to receive a hard copy. Please
SUPPLEMENTARY INFORMATION: use the document number (2231) to
BILLING CODE 4160–01–S
I. Background identify the guidance you are
requesting.
DEPARTMENT OF HEALTH AND This guidance document provides CDRH maintains an entry on the
HUMAN SERVICES recommendations to manufacturers Internet for easy access to information
regarding preparation of premarket including text, graphics, and files that
Food and Drug Administration notifications and labeling for quality may be downloaded to a personal
control (QC) material. These materials computer with Internet access. Updated
[Docket No. 1998D–1232] (formerly 98D–
are intended to monitor reliability of a on a regular basis, the CDRH home page
1232)
test system and help minimize reporting includes device safety alerts, Federal
Guidance for Industry and Food and of incorrect test results. They are often Register reprints, information on
Drug Administration Staff; Assayed the best source of ongoing feedback that premarket submissions (including lists
and Unassayed Quality Control a laboratory has to monitor whether of approved applications and
Material; Availability results reported to physicians are manufacturers’ addresses), small
sufficiently reliable. QC materials may manufacturer’s assistance, information
AGENCY: Food and Drug Administration, be marketed together with a specific test on video conferencing and electronic
HHS. system, or alternatively, for more submissions, Mammography Matters,
ACTION: Notice. general use. and other device-oriented information.
Both assayed and unassayed QC The CDRH web site may be accessed at
SUMMARY: The Food and Drug
materials are discussed in the guidance http://www.fda.gov/cdrh. A search
Administration (FDA) is announcing the document. Both types of QC materials
availability of the guidance for industry capability for all CDRH guidance
are subject to FDA’s Quality System documents is available at http://
and FDA staff entitled ‘‘Assayed and Regulation (part 820 (21 CFR part 820))
Unassayed Quality Control Material.’’ www.fda.gov/cdrh/guidance.html.
and labeling regulation (§ 809.10 (21 Guidance documents are also available
The guidance describes FDA’s current CFR 809.10)). However, most types of
practices concerning assayed an on the Division of Dockets Management
unassayed QC materials are exempt Internet site at http://www.fda.gov/
unassayed quality control material, from premarket notification. (See
including information to include in a ohrms/dockets.
‘‘Classification and Identification of QC
510(k) for assayed quality control Material’’ of the guidance document for IV. Paperwork Reduction Act of 1995
material, as well as labeling exceptions.) Although premarket This guidance refers to previously
recommendations. notifications are number required for approved collections of information
DATES: Submit written or electronic unassayed QC materials, some aspects found in FDA regulations. These
comments on this guidance at any time. of this guidance document concerning collections of information are subject to
General comments on agency guidance labeling, stability, and matrix effects are review by the Office of Management and
documents are welcome at any time. still relevant for these materials. Budget (OMB) under the Paperwork
ADDRESSES: Submit written requests for The draft version of this guidance was Reduction Act of 1995 (44 U.S.C. 3501–
single copies of the guidance document issued February 3, 1999. FDA received 3520). The collections of information in
entitled ‘‘Assayed and Unassayed one set of comments on the draft 21 CFR part 610 have been approved
rwilkins on PROD1PC63 with NOTICES

Quality Control Material’’ to the guidance document during the comment under OMB control number 0910–0206;
Division of Small Manufacturers, period. The document reflects FDA’s the collections of information in 21 CFR
International, and Consumer Assistance consideration of the comments and has part 807 have been approved under
(HFZ–220), Center for Devices and also been updated to provide OMB control number 0910–0120; the
Radiological Health, Food and Drug clarification as needed. collections of information in § 809.10

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31590 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices

have been approved under OMB control Division of Drug Information (HFD– II. Comments
number 0910–0485; and the collections 240), Center for Drug Evaluation and Interested persons may submit to the
of information in 21 CFR part 820 have Research, Food and Drug Division of Dockets Management (see
been approved under OMB control Administration, 5600 Fishers Lane, ADDRESSES) written or electronic
number 0910–0073. Rockville, MD 20857. Send one self- comments regarding this document.
V. Comments addressed adhesive label to assist that Submit a single copy of electronic
office in processing your requests. comments or two paper copies of any
Interested persons may submit to the Submit written comments on the draft mailed comments, except that
Division of Dockets Management (see guidance to the Division of Dockets individuals may submit one paper copy.
ADDRESSES) written or electronic Management (HFA–305), Food and Drug Comments are to be identified with the
comments regarding this document. Administration, 5630 Fishers Lane, rm. docket number found in brackets in the
Submit a single copy of electronic 1061, Rockville, MD 20852. Submit heading of this document. Received
comments or two paper copies of any electronic comments to http:// comments may be seen in the Division
mailed comments, except that www.fda.gov/dockets/ecomments. See of Dockets Management between 9 a.m.
individuals may submit one paper copy. the SUPPLEMENTARY INFORMATION section and 4 p.m., Monday through Friday.
Comments are to be identified with the for electronic access to the draft
docket number found in brackets in the guidance document. III. Electronic Access
heading of this document. Comments Persons with access to the Internet
FOR FURTHER INFORMATION CONTACT:
received may be seen in the Division of may obtain the document at either
Leonard Sacks, Center for Drug
Dockets Management between 9 a.m. http://www.fda.gov/ohrms/dockets/
Evaluation and Research, Food and
and 4 p.m., Monday through Friday. default.htm or http://www.fda.gov/cder/
Drug Administration, 10903 New
Dated: May 31, 2007. Hampshire Ave., Bldg. 22, rm. 6178, guidance/index.htm.
Linda S. Kahan, Silver Spring, MD 20993–0002, 301– Dated: May 26, 2007.
Deputy Director, Center for Devices and 796–1600. Jeffrey Shuren,
Radiological Health. SUPPLEMENTARY INFORMATION: Assistant Commissioner for Policy.
[FR Doc. E7–10996 Filed 6–6–07; 8:45 am]
I. Background [FR Doc. E7–11001 Filed 6–6–07; 8:45 am]
BILLING CODE 4160–01–S
BILLING CODE 4160–01–S
FDA is announcing the availability of
a draft guidance for industry entitled
DEPARTMENT OF HEALTH AND ‘‘Malaria: Developing Drug and DEPARTMENT OF HEALTH AND
HUMAN SERVICES Nonvaccine Biological Products for HUMAN SERVICES
Treatment and Prophylaxis.’’ Malaria is
Food and Drug Administration National Institutes of Health
a major global problem with the greatest
[Docket No. 2007D–0212] burden of disease and mortality
occurring in developing countries. Prospective Grant of Exclusive
Draft Guidance for Industry on Malaria: Although cases of malaria are License: Food Quality Indicator Device
Developing Drug and Nonvaccine uncommon in the United States, AGENCY: Food and Drug Administration,
Biological Products for Treatment and antimalarial drugs have significant Public Health Service, HHS.
Prophylaxis; Availability public health importance in the United ACTION: Notice.
AGENCY: Food and Drug Administration, States: Antimalarial prophylaxis is used
HHS. extensively by U.S. travelers and by U.S. SUMMARY: This is notice, in accordance
ACTION: Notice. citizens residing in or deployed to with 35 U.S.C. 209(c)(1) and 37 CFR
endemic areas (e.g., military personnel). part 404.7(a)(1)(i), that the Food and
SUMMARY: The Food and Drug This guidance addresses the Drug Administration, Department of
Administration (FDA) is announcing the development of therapy for the Health and Human Services, is
availability of a draft guidance for prophylaxis and treatment of malaria. contemplating the grant of an exclusive
industry entitled ‘‘Malaria: Developing Overall aspects of a developmental patent license to practice the invention
Drug and Nonvaccine Biological program for antimalarial therapy are embodied in U.S. Patent 7,014,816,
Products for Treatment and discussed. Specific topics include issued March 21, 2006, entitled ‘‘Food
Prophylaxis.’’ This draft guidance recommendations for preclinical Quality Indicator Device’’ [E–093–1997/
addresses issues regarding the development, clinical trial study design, 0–US–03] and foreign counterparts; to
development of therapy for prophylaxis the use of microbiological testing during Litmus, LLC, having a place of business
and treatment of malaria. Specific topics clinical trials, and statistical in Little Rock, AR. The patent rights in
include recommendations for considerations. these inventions have been assigned to
preclinical development, clinical trial This draft guidance is being issued the United States of America.
study design, the use of microbiological consistent with FDA’s good guidance The prospective exclusive license
testing during clinical trials, and practices regulation (21 CFR 10.115). territory may be worldwide, and the
statistical considerations. The draft guidance, when finalized, will field of use may be limited to the
DATES: Although you can comment on represent the agency’s current thinking manufacture, use, distribution and sale
any guidance at any time (see 21 CFR on developing drug and nonvaccine of the Food Quality Indicator Device as
10.115(g)(5)), to ensure that the agency biological products for the treatment claimed in the licensed patent rights.
considers your comment on this draft and prophylaxis of malaria. It does not DATES: Only written comments and/or
guidance before it begins work on the create or confer any rights for or on any applications for a license which are
rwilkins on PROD1PC63 with NOTICES

final version of the guidance, submit person and does not operate to bind received by the NIH Office of
written or electronic comments on the FDA or the public. An alternative Technology Transfer on or before
draft guidance by September 5, 2007. approach may be used if such approach August 6, 2007 will be considered.
ADDRESSES: Submit written requests for satisfies the requirements of the ADDRESSES: Requests for copies of the
single copies of the draft guidance to the applicable statutes and regulations. patent application, inquiries, comments,

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