Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No.  FDA-2008-D-0178]

# AGENCY:

 Food and Drug Administration, HHS.

# ACTION:

 Notice.

# SUMMARY:

 The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled  “S2(R1) Genotoxicity Testing and Data Interpretation for Pharmaceuticals Intended for Human Use.”  The draft guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH).  The draft guidance updates and combines information from two ICH guidances,  “S2A Specific Aspects of Regulatory Genotoxicity Tests for Pharmaceuticals” and  “S2B Genotoxicity:   A Standard Battery for Genotoxicity Testing of Pharmaceuticals.”  The draft guidance is intended to help facilitate drug development programs, ensure patient safety, and reduce animal usage.

# DATES:

 Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit written or electronic comments on the draft guidance by May 12, 2008.

# ADDRESSES:

                         Submit written comments on the draft guidance to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.  Submit electronic comments to                         *http://www.regulations.gov*.  Submit written requests for single copies of the draft guidance to the Division of Drug Information (HFD-240), Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002; or the Office of Communication, Training and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD  20852-1448.  The draft guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 301-827-1800.  Send two self-addressed adhesive labels to assist the office in processing your requests.  See the                         **SUPPLEMENTARY INFORMATION**                         section for electronic access to the draft guidance document.                    

# FOR FURTHER INFORMATION CONTACT:

*Regarding the guidance*: David Jacobson-Kram,  Center for Drug Evaluation and Research,  Food and Drug Administration,  10903 New Hampshire Ave.,  Bldg. 22, rm. 6488,  Silver Spring, MD  20993-0002,  301-796-0175.                    

*Regarding the ICH*:  Michelle Limoli,  Office of International Programs (HFG-1),  Food and Drug Administration,  5600 Fishers Lane,  Rockville, MD 20857,  301-827-4480.                    

# SUPPLEMENTARY INFORMATION: 

## I.  Background

In recent years, many important initiatives have been undertaken by regulatory authorities and industry associations to promote international harmonization of regulatory requirements.  FDA has participated in many meetings designed to enhance harmonization and is committed to seeking scientifically based harmonized technical procedures for pharmaceutical development.  One of the goals of harmonization is to identify and then reduce differences in technical requirements for drug development among regulatory agencies.

                    ICH was organized to provide an opportunity for tripartite harmonization initiatives to be developed with input from both regulatory and industry representatives.  FDA also seeks input from consumer representatives and others.  ICH is concerned with harmonization of technical requirements for the registration of pharmaceutical products among three regions:   The European Union, Japan, and the United States.  The six ICH sponsors are the European Commission; the European Federation of Pharmaceutical Industries Associations; the Japanese Ministry of Health, Labour, and Welfare; the Japanese                           ( print page 16025)                        Pharmaceutical Manufacturers Association; the Centers for Drug Evaluation and Research and Biologics Evaluation and Research, FDA; and the Pharmaceutical Research and Manufacturers of America.  The ICH Secretariat, which coordinates the preparation of documentation, is provided by the International Federation of Pharmaceutical Manufacturers Associations (IFPMA).                

The ICH Steering Committee includes representatives from each of the ICH sponsors and the IFPMA, as well as observers from the World Health Organization, Health Canada, and the European Free Trade Area.

In February 2008, the ICH Steering Committee agreed that a draft guidance entitled “S2(R1) Genotoxicity Testing and Data Interpretation for Pharmaceuticals Intended for Human Use” should be made available for public comment.  The draft guidance is the product of the Safety Expert Working Group of the ICH.  Comments about this draft will be considered by FDA and the Safety Expert Working Group. 

The draft guidance provides guidance on optimizing the standard genetic toxicology battery for the prediction of potential human risks, and on interpreting the results.  The ultimate goal of this guidance is to improve risk characterization for carcinogenic effects induced by changes in the genetic material.   The draft guidance is intended to help facilitate drug development programs, ensure patient safety, and reduce animal usage. 

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 agency's current thinking on this topic.  It does not create or confer any rights for or on any person and does not operate to bind FDA or the public.  An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations.

## II.  Comments

                    Interested persons may submit to the Division of Dockets Management (see                     **ADDRESSES**                    ) written or electronic comments regarding the draft guidance. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy.  Comments are to be identified with the docket number found in brackets in the heading of this document.  Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.                

Please note that on January 15, 2008, the FDA Division of Dockets Management Web site transitioned to the Federal Dockets Management System (FDMS).  FDMS is a Government-wide, electronic docket management system.  Electronic comments or submissions will be accepted by FDA through FDMS only.

## III.  Electronic Access

                    Persons with access to the Internet may obtain the document at                     *http://www.fda.gov/​ohrms/​dockets/​default.htm*,                     *http://www.fda.gov/​cder/​guidance/​index.htm*, or                     *http://www.fda.gov/​cber/​publications.htm*.                

Dated: March 21, 2008.

Jeffrey Shuren,

Associate Commissioner for Policy and Planning.

[FR Doc. 08-1076 Filed 3-21-08; 3:05 pm]

BILLING CODE 4160-01-S