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Federal Register / Vol. 73, No.

3 / Friday, January 4, 2008 / Notices 869

ACTION: Notice; reopening of comment use of active-controlled studies publish a Federal Register notice
period. designed to show noninferiority as a announcing that date.
basis for approval of antibacterial drug
SUMMARY: The Food and Drug IV. Electronic Access
products. Some of these discussions
Administration (FDA) is reopening until have focused on specific diseases such Persons with access to the Internet
February 8, 2008, the comment period as acute bacterial sinusitis, acute may obtain the document at either
for the draft guidance for industry bacterial otitis media, and acute http://www.fda.gov/cder/guidance/
entitled ‘‘Antibacterial Drug Products: bacterial exacerbation of chronic index.htmor http://www.fda.gov/ohrms/
Use of Noninferiority Studies to Support bronchitis. These public discussions dockets/default.htm.
Approval,’’ published in the Federal have contributed to FDA’s evolving Dated: December 27, 2007.
Register of October 15, 2007 (72 FR understanding of the science of clinical
58312). The draft guidance informed Jeffrey Shuren,
trials and, in particular, the appropriate Assistant Commissioner for Policy.
industry of FDA’s current thinking role of active-controlled studies
regarding appropriate clinical study [FR Doc. E7–25601 Filed 1–3–08; 8:45 am]
designed to show noninferiority in the
designs to evaluate antibacterial drugs, development of antibacterial drug BILLING CODE 4160–01–S
and asked sponsors to amend ongoing or products.
completed studies accordingly. FDA is The draft guidance recommends that
taking this action in response to a DEPARTMENT OF HEALTH AND
sponsors provide justification for the HUMAN SERVICES
request for an extension of the comment treatment effect size and the proposed
period to allow interested persons noninferiority margin for all Food and Drug Administration
additional time to review the draft antibacterial development programs for
guidance and submit comments. which approval will rely on
[Docket No. 2007N–0489]
DATES: Submit written or electronic noninferiority studies. The initial
comments by February 8, 2008. Request for Comments on the Science
comment period for this guidance and Technology Report; Establishment
ADDRESSES: Submit written requests for closed on December 14, 2007. of Docket; Request for Comments
single copies of the draft guidance to the
Division of Drug Information (HFD– II. Reopening of Comment Period AGENCY: Food and Drug Administration,
240), Center for Drug Evaluation and On November 13, 2007, the HHS.
Research, Food and Drug Pharmaceutical Research and ACTION: Notice; establishment of docket;
Administration, 5600 Fishers Lane, Manufacturers of America requested an request for comments.
Rockville, MD 20857. Send one self- extension beyond the December 14,
addressed adhesive label to assist that 2007, deadline for the submission of SUMMARY: On March 31, 2006, the Food
office in processing your requests. comments. FDA recognizes the effect and Drug Administration (FDA) charged
Submit written comments on the draft this guidance may have on the the Science Board to evaluate FDA’s
guidance to the Division of Dockets development of new antimicrobial science-based capacities to meet current
Management (HFA–305), Food and Drug products and that additional time may and future public health challenges. The
Administration, 5630 Fishers Lane, rm. be needed for comment. Therefore, FDA Science Board established a
1061, Rockville, MD 20852. Submit has decided to reopen the comment subcommittee on science and
electronic comments to either http:// period on the draft guidance until technology to perform the review and
www.fda.gov/dockets/ecomments or February 8, 2008, to allow the public draft a report of findings and
http://www.regulations.gov. See the more time to review and comment on its preliminary recommendations. The
SUPPLEMENTARY INFORMATION section for contents. subcommittee report was presented and
electronic access to the draft guidance discussed at the December 3, 2007,
document. III. How to Submit Comments Science Board Advisory Committee
FOR FURTHER INFORMATION CONTACT: Interested persons may submit to the meeting, at which time the Science
Edward Cox, Center for Drug Evaluation Division of Dockets Management (see Board decided to obtain comments from
and Research, Food and Drug ADDRESSES) written or electronic the public on the subcommittee report.
Administration, 10903 New Hampshire comments regarding this document. FDA is soliciting public comment on the
Ave.,Bldg. 22, rm. 6412, Silver Spring, Submit a single copy of electronic subcommittee report on behalf of the
MD 20993–0002, 301–796–1300. comments to or two paper copies of any Science Board.
SUPPLEMENTARY INFORMATION: mailed comments, except that DATES: To be considered, written or
individuals may submit one paper copy. electronic comments on the
I. Background Comments are to be identified with the subcommittee report must be received
In the Federal Register of October 15, docket number found in brackets in the on or before February 4, 2008. All
2007 (72 FR 58312), FDA published a heading of this document. Received comments received while the docket is
notice announcing the availability of a comments may be seen in the Division open will be forwarded to the Science
draft guidance for industry entitled of Dockets Management between 9 a.m. Board for their review.
‘‘Antibacterial Drug Products: Use of and 4 p.m., Monday through Friday. ADDRESSES: Electronic comments
Noninferiority Studies to Support Please note that in January 2008, the should be submitted to http://
Approval.’’ The purpose of the guidance FDA Web site is expected to transition www.fda.gov/dockets/ecomments.
is to inform industry of FDA’s current to the Federal Dockets Management Select Docket No. 2007N–0489, ‘‘FDA
thinking regarding appropriate clinical System (FDMS). FDMS is a Report on Science and Technology’’ and
study designs to evaluate antibacterial Government-wide, electronic docket follow prompts to submit your
jlentini on PROD1PC65 with NOTICES

drugs, and to ask sponsors to amend management system. After the transition statement. Written comments should be
ongoing or completed studies date, electronic submissions will be submitted to the Division of Dockets
accordingly. The guidance is in accepted by FDA through the FDMS Management (HFA–305), Food and Drug
response to a number of public only. When the exact date of the Administration, 5630 Fishers Lane, rm.
discussions in recent years regarding the transition to FDMS is known, FDA will 1061, Rockville, MD 20852, by close of

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870 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices

business on (see DATES). All comments capacity through coordination of Please note that in January 2008, the
should be identified with the docket scientific activities and priority setting FDA Web site is expected to transition
number found in brackets in the across FDA components? to the Federal Dockets Management
heading of this document. Received (4) What opportunities exist to better System (FDMS). FDMS is a
comments may be seen in the Division leverage FDA’s scientific capacity Government-wide, electronic docket
of Dockets Management between 9 a.m. through collaboration with other public management system. After the transition
and 4 p.m., Monday through Friday. All agencies and private organizations? Are date, electronic submissions will be
comments received will be posted there other approaches to resource accepted by FDA through the FDMS
without change, including any personal leveraging that FDA could pursue to only. When the exact date of the
information provided. All comments better support needed scientific transition to FDMS is known, FDA will
received while the docket is open will capacities? publish a Federal Register notice
be forwarded to the Science Board for The review was initiated to obtain announcing that date.
their review. All comments will also be advice regarding current science-based
discussed at the next Science Board capacities and the degree to which they
Dated: December 28, 2007.
Advisory Committee meeting. A notice can prepare FDA for anticipated
Randall W. Lutter,
of the next Science Board Advisory changes in science, technology and
population health needs. Deputy Commissioner for Policy.
Committee meeting will be published at
To respond to this request from the [FR Doc. E7–25607 Filed 1–3–08; 8:45 am]
a later date. See SUPPLEMENTARY
INFORMATION section for elctronic agency, the Science Board established a BILLING CODE 4160–01–S

access. subcommittee on science and


technology to perform the review. The
FOR FURTHER INFORMATION CONTACT: subcommittee was supported by 30 DEPARTMENT OF HEALTH AND
Carlos Peña, Office of the outside experts, who were drawn from HUMAN SERVICES
Commissioner, Food and Drug government, academia, and industry.
Administration (HF–33), 5600 Fishers Their efforts culminated in a Health Resources and Services
Lane, Rockville, MD 20857, 301–827– subcommittee report of findings and Administration
6687, FAX: 301–827–3340, e-mail: preliminary recommendations. The
carlos.Peña,@fda.hhs.gov. Agency Information Collection
subcommittee report was presented and Activities: Proposed Collection:
SUPPLEMENTARY INFORMATION: discussed at the December 3, 2007, Comment Request
Science Board Advisory Committee
I. Background In compliance with the requirement
meeting, at which time the Science
On March 31, 2006, FDA charged the Board decided to obtain comments from for opportunity for public comment on
Science Board to conduct a broad the public on the subcommittee report proposed data collection projects
review of FDA scientific capacities, (an electronic copy of the subcommittee (section 3506(c)(2)(A) of Title 44, United
processes, and infrastructure which report is available at http:// States Code, as amended by the
support FDA’s core regulatory functions www.fda.gov/ohrms/dockets/ac/07/ Paperwork Reduction Act of 1995,
including the following: (1) Premarket briefing/2007– Public Law 104–13), the Health
review and consultation during the 4329b_02_00_index.html). Resources and Services Administration
development of new FDA-regulated (HRSA) publishes periodic summaries
products; (2) oversight of marketed II. Request for Comments of proposed projects being developed
product quality; and (3) postmarket In accordance with 21 CFR 14.35, for submission to the Office of
product safety surveillance and risk FDA is soliciting public comment on the Management and Budget (OMB) under
management. The following is the subcommittee report, on behalf of the the Paperwork Reduction Act of 1995.
Commissioner of Food and Drugs’ Science Board. Comments received To request more information on the
charge to the Science Board: ‘‘Review while the docket is open will be proposed project or to obtain a copy of
and report the broad categories of forwarded to the Science Board for their the data collection plans and draft
scientific and technologic capacities review. Comments will also be instruments, call the HRSA Reports
that FDA needs to fully support its core discussed at the next Science Board Clearance Officer on (301) 443–1129.
regulatory functions and Advisory Committee meeting. A notice Comments are invited on: (a) The
decisionmaking throughout the product of the next Science Board Advisory proposed collection of information for
life-cycle, today and over the next Committee meeting will be published in the proper performance of the functions
decade.’’ Specifically: the Federal Register at a later date. of the agency; (b) the accuracy of the
(1) Are there any important gaps in agency’s estimate of the burden of the
III. Submission of Comments
current scientific capacities in which proposed collection of information; (c)
FDA should substantially increase To help facilitate the public comment ways to enhance the quality, utility, and
efforts, to ensure that it can address process upon the subcommittee report, clarity of the information to be
current or expected scientific demands FDA has established a public docket, on collected; and (d) ways to minimize the
of FDA’s regulatory mission? In what behalf of the Science Board. All burden of the collection of information
areas should the agency maintain or comments submitted to the public on respondents, including through the
strengthen its current level of work and docket are public information and may use of automated collection techniques
capacity? be posted to the FDA’s Web site at: or other forms of information
(2) Are there areas of science in which http://www.fda.gov for public viewing. technology.
the agency should consider refocusing Comments are to be identified with the
its efforts in order to better address docket number found in brackets in the Proposed Project: Sickle Cell Disease
jlentini on PROD1PC65 with NOTICES

current or anticipated future scientific heading of this document. Comments Treatment Demonstration Program
demands of FDA’s regulatory mission? received may be reviewed in the (SCDTDP), Health Resources and
(3) What opportunities exist to Division of Dockets Management Services Administration (HRSA): NEW
enhance the overall effectiveness of between 9 a.m. and 4 p.m., Monday In 2004 Congress enacted and the
FDA’s scientific and technologic through Friday. President signed into law Pub. L. 108–

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