[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84352-84353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24447]



[[Page 84352]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2024-D-4165]


Chemical Analysis for Biocompatibility Assessment of Medical 
Devices; Draft Guidance for Industry and Food and Drug Administration 
Staff; Availability; Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
extending the comment period for the notice that appeared in the 
Federal Register of September 20, 2024. In the notice, FDA requested 
comments on the draft guidance for industry and FDA staff entitled 
``Chemical Analysis for Biocompatibility Assessment of Medical 
Devices.'' The Agency is taking this action in response to a request 
for an extension to allow interested persons additional time to submit 
comments.

DATES: FDA is extending the comment period on the notice published 
September 20, 2024 (89 FR 77162). Submit either electronic or written 
comments on the draft guidance by December 19, 2024, to ensure that the 
Agency considers your comment on this draft guidance before it begins 
work on the final version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as 
follows:

Electronic Submissions

    Submit electronic comments in the following way:
    <bullet> 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.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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-2024-D-4165 for ``Chemical Analysis for Biocompatibility Assessment 
of Medical Devices.'' 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.
    <bullet> 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)).
    An electronic copy of the guidance document is available for 
download from the internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the draft guidance document entitled 
``Chemical Analysis for Biocompatibility Assessment of Medical 
Devices'' to the Office of Policy, Center for Devices and Radiological 
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed 
adhesive label to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: The Office of Science and Engineering 
Laboratories (OSEL), Center for Devices and Radiological Health, Food 
and Drug Administration, 10903 New Hampshire Ave., Bldg. 62, Silver 
Spring, MD 20993-0002, 301-796-2530, or by email <a href="/cdn-cgi/l/email-protection#58170b1d14071b1c0a10183e3c397630302b763f372e"><span class="__cf_email__" data-cfemail="622d31272e3d2126302a220406034c0a0a114c050d14">[email protected]</span></a>, 
Erica Takai at 301-796-6353, or by email at <a href="/cdn-cgi/l/email-protection#4520372c26246b31242e242c052321246b2d2d366b222a33"><span class="__cf_email__" data-cfemail="d2b7a0bbb1b3fca6b3b9b3bb92b4b6b3fcbabaa1fcb5bda4">[email protected]</span></a>; or 
James Myers, 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.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of September 20, 2024, FDA published a 
notice of availability with a 60-day comment period to request comments 
on the draft guidance for industry and FDA staff entitled ``Chemical 
Analysis for Biocompatibility Assessment of Medical Devices.''
    The Agency has received a request for an extension of the comment 
period. The request conveyed concern that the current 60-day comment 
period does not allow sufficient time to develop a meaningful or 
thoughtful response.
    FDA has considered the request and is extending the comment period 
for the notice of availability for 30 days, until December 19, 2024. 
The Agency believes that a 30-day extension allows

[[Page 84353]]

adequate time for interested persons to submit comments without 
significantly delaying guidance on these important issues.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on ``Chemical 
Analysis for Biocompatibility Assessment of Medical Devices.'' 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. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do 
so by downloading an electronic copy from the internet. A search 
capability for all Center for Devices and Radiological Health guidance 
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. This guidance document is also 
available at https://www.regulations.gov, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics. Persons unable to download an electronic copy of 
``Chemical Analysis for Biocompatibility Assessment of Medical 
Devices'' may send an email request to <a href="/cdn-cgi/l/email-protection#d89b9c8a90f59fadb1bcb9b6bbbd98bebcb9f6b0b0abf6bfb7ae"><span class="__cf_email__" data-cfemail="cd8e899f85e08ab8a4a9aca3aea88daba9ace3a5a5bee3aaa2bb">[email protected]</span></a> to 
receive an electronic copy of the document. Please use the document 
number GUI00020037 and complete title to identify the guidance you are 
requesting.

    Dated: October 17, 2024.
Eric Flamm,
Acting Associate Commissioner for Policy.
[FR Doc. 2024-24447 Filed 10-21-24; 8:45 am]
BILLING CODE 4164-01-P


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