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11420 Federal Register / Vol. 73, No.

42 / Monday, March 3, 2008 / Notices

and the number of requests, it may be DATES: Although you can comment on development of products for the
necessary to limit the time of each presenter. any guidance at any time (see 21 CFR prevention of both type 1 and type 2
Contact Person for More Information: 10.115(g)(5)), to ensure that the agency diabetes.
Claudine Johnson, Clerk, Lead Poisoning considers your comment on this draft This draft guidance is being issued
Prevention Branch, Division of
Environmental Emergency Health Services,
guidance before it begins work on the consistent with FDA’s good guidance
National Center for Environmental Health, final version of the guidance, submit practices regulation (21 CFR 10.115).
CDC, 4770 Buford Hwy., NE., Mailstop F–60, written or electronic comments on the The draft guidance, when finalized, will
Atlanta, GA 30341, Telephone: (770) 488– draft guidance by May 2, 2008. represent the agency’s current thinking
3629, Fax (770) 488–3635. ADDRESSES: Submit written requests for on the treatment and prevention of
The Director, Management Analysis and single copies of the draft guidance to the diabetes mellitus. It does not create or
Services Office, has been delegated the Division of Drug Information (HFD– confer any rights for or on any person
authority to sign Federal Register notices 240), Center for Drug Evaluation and and does not operate to bind FDA or the
pertaining to announcements of meetings and public. An alternative approach may be
Research, Food and Drug
other committee management activities, for
both CDC and the Agency for Toxic
Administration, 5600 Fishers Lane, used if such approach satisfies the
Substances and Disease Registry. Rockville, MD 20857. Send one self- requirements of the applicable statutes
addressed adhesive label to assist that and regulations.
Dated: February 27, 2008. office in processing your requests.
Diane Allen, II. Comments
Submit written comments on the draft
Acting Director, Management Analysis and guidance to the Division of Dockets Interested persons may submit to the
Services Office, Centers for Disease Control Management (HFA–305), Food and Drug Division of Dockets Management (see
and Prevention. Administration, 5630 Fishers Lane, rm. ADDRESSES) written or electronic
[FR Doc. E8–4085 Filed 2–29–08; 8:45 am] 1061, Rockville, MD 20852. Submit comments regarding this document.
BILLING CODE 4163–18–P electronic comments to http:// Submit a single copy of electronic
www.regulations.gov. See the comments or two paper copies of any
SUPPLEMENTARY INFORMATION section for mailed comments, except that
DEPARTMENT OF HEALTH AND electronic access to the draft guidance individuals may submit one paper copy.
HUMAN SERVICES document. Comments are to be identified with the
FOR FURTHER INFORMATION CONTACT: Ilan docket number found in brackets in the
Food and Drug Administration heading of this document. Received
Irony, Center for Drug Evaluation and
[Docket No. FDA–2008–D–0118] Research, Food and Drug comments may be seen in the Division
Administration, 10903 New Hampshire of Dockets Management between 9 a.m.
Draft Guidance for Industry on and 4 p.m., Monday through Friday.
Ave., Bldg. 22, rm. 3100, Silver Spring,
Diabetes Mellitus: Developing Drugs Please note that on January 15, 2008,
MD 20993–0002, 301–796–2290.
and Therapeutic Biologics for the FDA Web site transitioned to the
SUPPLEMENTARY INFORMATION:
Treatment and Prevention; Availability Federal Dockets Management System
I. Background (FDMS). FDMS is a Government-wide,
AGENCY: Food and Drug Administration,
FDA is announcing the availability of electronic docket management system.
HHS.
a draft guidance for industry entitled Electronic submissions will be accepted
ACTION: Notice. by FDA through FDMS only.
‘‘Diabetes Mellitus: Developing Drugs
SUMMARY: The Food and Drug and Therapeutic Biologics for Treatment III. Electronic Access
Administration (FDA) is announcing the and Prevention.’’ Although a number of
drugs are available for the treatment of Persons with access to the Internet
availability of a draft guidance for may obtain the document at either
industry entitled ‘‘Diabetes Mellitus: type 1 and type 2 diabetes, many
patients remain inadequately controlled, http://www.fda.gov/cder/guidance/
Developing Drugs and Therapeutic index.htm or http://www.fda.gov/
Biologics for Treatment and and thus are exposed to a higher risk of
long-term complications. This draft ohrms/dockets/default.htm.
Prevention.’’ The draft guidance
provides recommendations for industry guidance provides recommendations on Dated: February 25, 2008.
for developing drugs and therapeutic the following topics related to the Jeffrey Shuren,
biologics for the prevention and treatment of type 1 and type 2 diabetes Assistant Commissioner for Policy.
treatment of diabetes mellitus. Because mellitus: [FR Doc. E8–3974 Filed 2–29–08; 8:45 am]
diabetes mellitus has reached epidemic • Diabetes-specific preclinical
BILLING CODE 4160–01–S
proportions in the United States, FDA studies;
recognizes the need for new products • Different study designs in different
that can be used as part of a phases of drug development for both DEPARTMENT OF HEALTH AND
type 1 and type 2 diabetes; HUMAN SERVICES
comprehensive treatment strategy in the
• Study endpoints in the assessment
treatment and prevention of diabetes. In
of pharmacokinetic/pharmacodynamic Health Resources and Services
addition to the draft guidance, FDA profiles and for efficacy and safety
plans to convene a public advisory Administration
assessment in treating patients with
committee meeting to specifically diabetes;
discuss new approaches for the Organ Procurement and
• Study population considerations in Transplantation Network
development of products for the different phases of development;
treatment of diabetes, with particular • Sample sizes; AGENCY: Health Resources and Services
emphasis on the design and • Study duration; and Administration (HRSA), HHS.
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implementation of studies to assess • Specific statistical issues related to ACTION: Request for information.
long-term cardiovascular risks and development of drugs and biologics
benefits of these new products. FDA intended for the treatment of diabetes. SUMMARY: HRSA, Healthcare Systems
plans to announce the meeting date in The draft guidance also provides Bureau, Division of Transplantation
a future issue of the Federal Register. recommendations regarding the (DoT) is in the process of information-

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Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices 11421

gathering to assist in determining in the ‘Highlights’ section on the home recipients are lessened considerably.
whether it should engage in rulemaking page of http://www.organdonor.gov. If For these reasons, it is likely that the
with respect to vascularized composite you plan to participate by phone, we numbers of vascularized composite
allografts, described more fully below. request that you notify Dr. Ortiz-Rios by allografts transplanted will increase in
The purpose of this solicitation is to e-mail at EOrtiz-Rios@hrsa.gov no later the future. Given this anticipated
receive feedback from stakeholders and than March 24, 2008, so that we can increase, HRSA is considering the
the public on the following questions: better estimate the number of phone advisability of proposing that such
(1) Whether vascularized composite lines that will be needed. Please include transplants (i.e., transplants of
allografts should be included within the in the subject line of electronic vascularized composite allografts) be
definition of organs covered by the correspondence ‘‘Vascularized regulated under the final rule and
regulations governing the operation of Composite Allografts.’’ governed by section 301 of NOTA.
the Organ Procurement and Docket: For access to the docket to HRSA is considering whether to
Transplantation Network (OPTN) read background documents or propose that viable vascularized
(referred to here as the ‘‘final rule’’), and comments received, phone (301) 443– composite allografts, or body segments,
regulated as such, and the likely impact 7577 to schedule an appointment to be considered organs subject to the
of such an amendment; (2) whether view public comments. oversight of the OPTN under the
vascularized composite allografts FOR FURTHER INFORMATION CONTACT: authority of the final rule. This might be
should be added to the definition of James F. Burdick, M.D., Director, accomplished by adding vascularized
human organs covered by section 301 of Division of Transplantation, Healthcare composite allografts to the final rule’s
the National Organ Transplant Act of Systems Bureau, Health Resources and definition of organs through rulemaking.
1984, as amended, (NOTA) and the Services Administration, at the contact Currently, the final rule defines covered
likely impact of such an addition; and information cited above. organs as ‘‘a human kidney, liver, heart,
(3) if either of these changes are lung, or pancreas, or intestine
SUPPLEMENTARY INFORMATION:
pursued, the optimal way to define (including the esophagus, stomach,
vascularized composite allografts for the Background and General Questions small and/or large intestine, or any
above-described purposes. The first successful hand transplant in portion of the gastrointestinal tract).
This Request for Information is Blood vessels recovered from an organ
the United States was performed in
limited to information-gathering and is donor during the recovery of such
1999. Worldwide there have been over
not a proposal to make any organ(s) are considered part of an organ
two dozen limb transplants, at least two
determinations regarding Federal with which they are procured for
transplants of portions of the face, and
oversight of vascularized composite purposes of this part if the vessels are
a small number of transplants of other
allografts. intended for use in organ
such anatomical parts (e.g., abdominal
DATES: Written comments must be wall, vascularized skeletal muscle, transplantation and labeled ‘For use in
received at HRSA by May 2, 2008. uterus, digits, thymus). Although the organ transplantation only.’ ’’ Once a
Comments will be made publicly body parts involved vary significantly, body part is considered an organ under
available by submitting a written two characteristics that are shared in the final rule, transplants involving
request to the address below. such transplants are that they are such organs are subject to the
In addition, HRSA will hold a susceptible to ischemia (damage or requirements of the final rule. For
meeting to which the public and all death from lack of blood flow) and their example, entities performing transplants
stakeholders are invited for discussion need for revascularization, done through with the organs must receive
and recommendations about the issues a surgical reconnection of blood vessels designation as an organ-specific
described above. The meeting will be to accomplish the transplant, as designated transplant program within
held on Friday, April 4, 2008, from 10 opposed to secondary ingrowth of an OPTN member institution. In
a.m. to 4 p.m., at the Parklawn Building, vessels. In viable vascularized addition, OPTN members must comply
5600 Fishers Lane, Rockville, MD transplants, immunosuppression is with the final rule’s data submission
20057. necessary to prevent or treat rejection. requirements with respect to the
ADDRESSES: Please send all written This immunosuppression has risks, transplants performed. In addition,
comments to James F. Burdick, M.D., which have been justified in patients OPTN members are subject to oversight
Director, Division of Transplantation, needing organs as presently defined in by the OPTN contractor for compliance
Healthcare Systems Bureau, Health the final rule, because of their lifesaving with OPTN policies regarding donor
Resources and Services Administration, potential. In the past, the risks of screening and allocation, and may be
5600 Fishers Lane, Room12C–06, immunosuppression have inhibited subject to enforcement actions for
Rockville, Maryland 20857; telephone transplantation of vascularized violations of such policies.
(301) 443–7577; fax (301) 594–6095; or composite allografts because the risks The Definition of Organs Under the
e-mail: jburdick@hrsa.gov. associated with the prolonged use of Final Rule
Requests to attend the meeting in immunosuppressive drugs were thought
person should be addressed to Elizabeth to exceed the expected benefits of the HRSA is seeking feedback from
Ortiz-Rios, M.D., M.P.H., Chief Medical transplant. However, the powerful stakeholders and from the public about
Officer, Division of Transplantation, impact these transplants can have to the advisability of exploring rulemaking
Healthcare Systems Bureau, Health overcome and improve the quality of to include vascularized composite
Resources and Services Administration, life for individuals with grievous allografts within this definition of
5600 Fishers Lane, Room 12C–06, disabilities has become increasingly organs, as well as the potential
Rockville, Maryland 20857; telephone apparent. Coupled with this, ramifications of such a change. If, upon
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(301) 443–4423; fax (301) 594–6095; or immunosuppressive management for consideration of public comments,
e-mail: EOrtiz-Rios@hrsa.gov. A call-in these transplants has improved so that HRSA is persuaded that such a change
number will be provided for individuals risks associated with may be warranted, HRSA may initiate
who would like to participate by phone. immunosuppression, such as cancer, rulemaking setting forth a more specific
The call-in information will be posted infection, or other morbidities in set of proposals.

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11422 Federal Register / Vol. 73, No. 42 / Monday, March 3, 2008 / Notices

For example, HRSA is interested in sanctions. If, after receiving public the advisability of including any
the public’s assessment of the likely comments, HRSA is persuaded that a additional characteristics.
impact if OPTN policies concerning change to this definition may be Under a second alternative, HRSA
issues such as membership designation appropriate, HRSA may initiate could propose a definition that lists
to receive organs, the retrieval of organs, rulemaking setting forth a more specific specific body parts to be added to the
allocation of organs, data collection and set of proposals. definition of organs (e.g., face, hand,
reporting, and OPTN policy compliance etc.). HRSA seeks feedback as to the
oversight were extended to vascularized Defining Vascularized Composite feasibility of creating such a definition,
composite allograft transplants. HRSA Allografts which body parts should be included in
seeks feedback concerning whether To assist the Secretary in the event such a definition, and whether such a
regulation under the OPTN final rule that he proposes, through rulemaking, to definition would necessarily exclude
would be effective in addressing special add vascularized composite allografts to certain body parts for which
safety and allocation issues presented the definition of organs covered by the transplantation might be possible, but
by vascularized composite allograft final rule and/or to the definition of has not been performed to date (either
transplants as the field grows. Further, human organs governed by section 301 in the United States or internationally).
HRSA is interested in the public’s of NOTA, HRSA seeks feedback from Following this comment period and
assessment as to whether the clinical stakeholders and from the public as to meeting, if HRSA decides to proceed
aspects of transplants of such how such allografts should be defined. with rulemaking to include vascularized
vascularized composite allografts are HRSA has identified two potential composite allografts in the definition of
more analogous to transplants of organs, approaches. organ, this decision will be written and
as defined currently by the final rule, Under the first approach, a regulatory published as a Notice of Proposed
than to conventional tissue definition could be broad, describing Rulemaking.
transplantation without surgical the features of the allografts without Dated: February 20, 2008.
revascularization. listing particular body parts. Under such Elizabeth M. Duke,
Presently, it is HRSA’s understanding
an approach, the definition might Administrator.
that these transplants of vascularized
extend to transplants of body parts that [FR Doc. E8–3994 Filed 2–29–08; 8:45 am]
composite allografts are done by
are not known to have been performed
individual arrangements with local BILLING CODE 4165–15–P
clinically to date, or even to body parts
organ procurement organizations
(OPOs) to allow retrieval of the needed whose transplantation has not yet been
structure during routine deceased donor envisioned. HRSA is interested in what DEPARTMENT OF HEALTH AND
organ retrievals. However, some of these elements would need to be included in HUMAN SERVICES
vascularized composite allografts, e.g., such a definition in order to be broad
enough to cover the universe of National Institutes of Health
testes, ovaries, or other endocrine
glands, may come from living donors. intended body parts, but narrow enough
to put the public on notice as to which National Cancer Institute; Notice of
HRSA is interested in perceived Closed Meetings
vulnerabilities concerning the current parts meet the regulatory definitions of
regulatory status of such transplants and organs. Shared characteristics that might Pursuant to section 10(d) of the
the potential benefits of subjecting such be included in a regulatory definition Federal Advisory Committee Act, as
transplants to the oversight of the OPTN could include some or all of the amended (5 U.S.C. Appendix 2), notice
and HRSA under the final rule. following: (1) A vascularized allograft is hereby given of the following
containing multiple tissue types; (2) meetings.
The Definition of Human Organs Under recovered from a human donor as an The meetings will be closed to the
Section 301 of NOTA anatomical/structural unit; (3) public in accordance with the
HRSA is also seeking feedback as to transplanted into a human recipient as provisions set forth in sections
whether it should explore rulemaking to an anatomical/structural unit; (4) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
add vascularized composite allografts to minimally manipulated, as defined by as amended. The grant applications
the definition of human organs covered FDA in Title 21 CFR 1271.3(f); (5) for and/or contract proposals and the
by section 301 of NOTA, as well as the homologous use as defined by FDA in discussions could disclose confidential
potential consequences of such an Title 21 CFR 1271.3(c); (6) not combined trade secrets or commercial property
action. Section 301 prohibits the with another article such as a device; (7) such as patentable material, and
purchase, sale, or other exchange for used fresh and not cryopreserved; (8) personal information concerning
valuable consideration of human organs susceptible to ischemia and, therefore, individuals associated with the grant
for transplantation. Although the statute only stored temporarily (e.g., cold applications and/or contract proposals,
lists covered human organs, the storage in preservation medium and the disclosure of which would
Secretary is authorized to add to this list intended for implantation into a constitute a clearly unwarranted
through rulemaking. ‘‘Human organ,’’ as recipient within hours of the recovery); invasion of personal privacy.
defined by NOTA and modified by the and (9) susceptible to allograft rejection Name of Committee: National Cancer
Secretary, means ‘‘the human (including which requires immunosuppression that Institute Special Emphasis Panel,
fetal) kidney, liver, heart, lung, may increase infectious disease risk to Innovations in Cancer Sample Preparation.
pancreas, bone marrow, cornea, eye, the recipient. HRSA seeks feedback Date: March 20, 2008.
bone, skin, and intestine, including the from the public as to whether some or Time: 8 a.m. to 8 p.m.
esophagus, stomach, small and/or large all of these characteristics describe Agenda: To review and evaluate grant
intestine, or any portion of the vascularized composite allografts, applications.
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Place: Bethesda Marriott Suites, 6711


gastrointestinal tract.’’ Adding to the which would be included in the Democracy Boulevard, Bethesda, MD 20817.
definition of human organs covered by definition of organ. HRSA invites Contact Person: Sherwood Githens, PhD,
section 301 would make transfers of feedback on such an approach as well Scientific Review Officer, Special Review
organs meeting the statute’s as the particular characteristics listed and Logistics Branch, Division of Extramural
requirements subject to its criminal here and invites suggestions concerning Activities, National Cancer Institute, 6116

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