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22054 Federal Register / Vol. 70, No.

81 / Thursday, April 28, 2005 / Notices

DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug FDA proposed to reclassify tricalcium
HUMAN SERVICES Administration (FDA) is announcing the phosphate (TCP) granules for dental
availability of the guidance entitled bone repair from class III to class II
Food and Drug Administration ‘‘Class II Special Controls Guidance (special controls). Concurrently, FDA
Document: Dental Bone Grafting proposed to classify into class II (special
[Docket No. 2005N–0010] Material Devices.’’ This guidance controls) all other bone grafting material
document describes a means by which for dental indications, except those that
High Chemical Co. et al.; Proposal to
class II dental bone grafting material contained a drug or biologic component;
Withdraw Approval of 13 New Drug
devices may comply with the and to revise the classification name
Applications; Opportunity for a
requirement of special controls. and identification of the device. In the
Hearing; Withdrawal Elsewhere in this issue of the Federal proposed rule, FDA identified bone
AGENCY: Food and Drug Administration, Register, FDA is publishing a final rule grafting material as a material such as
HHS. to reclassify tricalcium phosphate (TCP) hydroxyapatite, tricalcium phosphate,
ACTION: Notice; withdrawal. granules for dental bone repair from polylactic acids, or collagen, intended to
class III (premarket approval) to class II fill, augment, or reconstruct periodontal
SUMMARY: The Food and Drug (special controls), classify into class II or bony defects of the oral and
Administration (FDA) is withdrawing a (special controls) other bone grafting maxillofacial region. FDA received one
notice that published in the Federal material for dental indications, and comment on the proposed rule and draft
Register on January 28, 2005 (70 FR revise the classification name and special controls guidance document.
4134). This notice is being reissued identification of the device. The comment is addressed in the final
elsewhere in this issue of the Federal DATES: Submit written or electronic rule published elsewhere in this issue of
Register comments on this guidance at any time. the Federal Register.
General comments on agency guidance The final rule published elsewhere in
DATES: This notice is withdrawn on this issue of the Federal Register
documents are welcome at any time.
April 28, 2005. reclassifies tricalcium phosphate (TCP)
ADDRESSES: Submit written requests for
FOR FURTHER INFORMATION CONTACT: granules for dental bone repair from
single copies on a 3.5″ diskette of the
Darlease Hyman, Regulations Policy guidance document entitled ‘‘Class II class III (premarket approval) to class II
Management Staff (HF–26), Food and Special Controls Guidance Document: (special controls) and also classifies
Drug Administration, 5600 Fishers Dental Bone Grafting Material Devices’’ other dental bone grafting materials that
Lane, Rockville, MD 20857, 301–827– to the Division of Small Manufacturers, do not contain a drug that is a
3480. International, and Consumer Assistance therapeutic biologic into class II (special
SUPPLEMENTARY INFORMATION: In the (HFZ–220), Center for Devices and controls). Bone grafting material devices
Federal Register of January 28, 2005 (70 Radiological Health, Food and Drug that contain a drug that is a therapeutic
FR 4134), FDA published a notice Administration, 1350 Piccard Dr., biologic will remain in class III and
announcing an opportunity for a hearing Rockville, MD 20850. Send one self- continue to require premarket approval.
on the agency’s proposal to withdraw addressed adhesive label to assist that The guidance document provides a
approval of 13 new drug applications office in processing your request, or fax means by which the dental bone grafting
from multiple sponsors. This notice your request to 301–443–8818. See the materials in class II may comply with
published with an inadvertent error. SUPPLEMENTARY INFORMATION section for the requirement of special controls for
Therefore, the agency is withdrawing information on electronic access to the class II devices.
the notice. Elsewhere in this issue of the guidance. Following the effective date of the
Federal Register, FDA is reissuing the Submit written comments concerning final rule, any firm submitting a 510(k)
corrected notice for the convenience of this guidance to the Division of Dockets for the class II devices will need to
the reader and to give sponsors the fully Management (HFA–305), Food and Drug address the issues covered in the special
allotted time to respond. Administration, 5630 Fishers Lane, rm. control guidance. However, the firm
1061, Rockville, MD 20852. Submit need only show that its device meets the
Dated: April 5, 2005. recommendations of the guidance or in
Jeffrey Shuren,
electronic comments to http://
www.fda.gov/dockets/ecomments. some other way provides equivalent
Assistant Commissioner for Policy. assurances of safety and effectiveness.
Identify comments with the docket
[FR Doc. 05–8470 Filed 4–27–05; 8:45 am] number found in brackets in the II. Significance of Guidance
BILLING CODE 4160–01–S heading of this document. This guidance is being issued
FOR FURTHER INFORMATION CONTACT: consistent with FDA’s good guidance
DEPARTMENT OF HEALTH AND Michael E. Adjodha, Center for Devices practices regulation (21 CFR 10.115).
HUMAN SERVICES and Radiological Health (HFZ–480), The guidance represents the agency’s
Food and Drug Administration, 9200 current thinking on class II dental bone
Food and Drug Administration Corporate Blvd., Rockville, MD 20850, grafting material devices. It does not
301–827–5283, e-mail: create or confer any rights for or on any
[Docket No. 2004D–0178] michael.adjodha@fda.hhs.gov. person and does not operate to bind
SUPPLEMENTARY INFORMATION: FDA or the public. An alternative
Guidance for Industry and Food and
approach may be used if such approach
Drug Administration Staff; Class II I. Background
satisfies the requirements of the
Special Controls Guidance Document: In the Federal Register of June 30, applicable statute and regulations.
Dental Bone Grafting Material Devices; 2004 (69 FR 39485), FDA announced the
Availability availability of a draft of this special III. Electronic Access
AGENCY: Food and Drug Administration, controls guidance document and invited To receive ‘‘Class II Special Controls
HHS. interested persons to comment on it by Guidance Document: Dental Bone
September 28, 2004. In addition, in the Grafting Material Devices’’ by fax, call
ACTION: Notice.
same Federal Register (69 FR 39377), the CDRH Facts-On-Demand system at

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Federal Register / Vol. 70, No. 81 / Thursday, April 28, 2005 / Notices 22055

800–899–0381 or 301–827–0111 from a Dated: April 4, 2005. either office in processing your requests.
touch-tone telephone. Press 1 to enter Linda S. Kahan, The guidance may also be obtained by
the system. At the second voice prompt, Deputy Director, Center for Devices and mail by calling the CBER Voice
press 1 to order a document. Enter the Radiological Health. Information System at 1–800–835–4709
document number (1512) followed by [FR Doc. 05–8468 Filed 4–27–05; 8:45 am] or 301–827–1800. Submit written
the pound sign (#). Follow the BILLING CODE 4160–01–S comments on the guidance to the
remaining voice prompts to complete Division of Dockets Management (HFA–
your request. 305), Food and Drug Administration,
To receive a hard copy or electronic DEPARTMENT OF HEALTH AND 5630 Fishers Lane, rm. 1061, Rockville,
copy of ‘‘Class II Special Controls HUMAN SERVICES MD 20852. Submit electronic comments
Guidance Document: Dental Bone to http://www.fda.gov/dockets/
Food and Drug Administration ecomments. See the SUPPLEMENTARY
Grafting Material Devices,’’ you may
either send a fax request to 301–443– [Docket No. 1999D–1540] (formerly Docket INFORMATION section for electronic
8818, or send an e-mail request to No. 99D–1540) access to the guidance document.
gwa@cdrh.fda.gov. Please use the FOR FURTHER INFORMATION CONTACT:
Guidance for Reviewers on Evaluating Dianne L. Kennedy, Center for Drug
document number (1512) to identify the
the Risks of Drug Exposure in Human Evaluation and Research (HFD–020),
guidance you are requesting.
Pregnancies; Availability Food and Drug Administration, 5600
Persons interested in obtaining a copy
of the guidance may also do so by using AGENCY: Food and Drug Administration, Fishers Lane, Rockville, MD 20857,
the Internet. CDRH maintains an entry HHS. 301–443–5162, e-mail:
on the Internet for easy access to ACTION: Notice. kennedyd@cder.fda.gov, or Toni M.
information, including text, graphics, Stifano, Center for Biologics Evaluation
SUMMARY: The Food and Drug and Research (HFM–602), Food and
and files that may be downloaded to a
Administration (FDA) is announcing the Drug Administration, 1401 Rockville
personal computer with Internet access.
availability of a guidance for reviewers Pike, Rockville, MD 20852–1448, 301–
The CDRH Web site may be accessed at
entitled ‘‘Reviewer Guidance: 827–6190, e-mail: stifano@cber.fda.gov.
http://www.fda.gov/cdrh. A search
Evaluating the Risks of Drug Exposure SUPPLEMENTARY INFORMATION:
capability for all CDRH guidance
in Human Pregnancies.’’ This guidance
documents is available at http:// I. Background
is intended to help FDA staff evaluate
www.fda.gov/cdrh/guidance.html.
human fetal outcome data generated FDA is announcing the availability of
Guidance documents are also available
after medical product exposures during a guidance for reviewers entitled
on the Division of Dockets Management
pregnancy. The goal of such evaluations ‘‘Reviewer Guidance: Evaluating the
Internet site at http://www.fda.gov/
is to assist in the development of Risks of Drug Exposure in Human
ohrms/dockets.
product labeling that is useful to Pregnancies.’’ The guidance provides
IV. Paperwork Reduction Act of 1995 medical care providers when they care FDA staff with critical factors to
for patients who are pregnant or consider when evaluating data on the
This guidance contains information planning pregnancy. The review of effects of drug exposure during human
collection provisions that are subject to human pregnancy drug exposure data pregnancies. It also describes the
review by the Office of Management and and assessment of fetal risk (or lack of sources of human data on gestational
Budget (OMB) under the Paperwork risk) requires consideration of human drug exposures and available resources
Reduction Act of 1995 (the PRA) (44 embryology and teratology, for more information. The guidance is
U.S.C. 3501–3520). The collections of pharmacology, obstetrics, and intended to provide FDA reviewers with
information addressed in the guidance epidemiology. Consequently, FDA staff a standardized and scientific approach
document have been approved by OMB also are encouraged to consult with to the evaluation of the effects of human
in accordance with the PRA under the experts in these fields, as appropriate. gestational drug exposures.
regulations governing premarket The guidance announced in this In the Federal Register of June 4, 1999
notification submissions (21 CFR part document finalizes the draft guidance (64 FR 30040), FDA announced the
807, subpart E, OMB control number entitled ‘‘Guidance for Reviewers: availability of a draft version of the
0910–0120). The labeling provisions Evaluation of Human Pregnancy guidance entitled ‘‘Guidance for
addressed in the guidance have been Outcome Data’’ announced in the Reviewers: Evaluation of Human
approved by OMB under OMB control Federal Register of June 4, 1999. Pregnancy Outcome Data.’’ When the
number 0910–0485. DATES: Submit written comments or draft guidance was published, FDA
V. Comments electronic comments on agency requested comments on the document.
guidances at any time. Three public comments were received.
Interested persons may submit to the ADDRESSES: Submit written requests for The comments were supportive of the
Division of Dockets Management (see single copies of this guidance to the agency’s efforts to provide this type of
ADDRESSES) written or electronic Division of Drug Information (HFD– guidance. However, the comments also
comments regarding this document. 240), Center for Drug Evaluation and recommended revision/clarification of
Submit a single copy of electronic Research, Food and Drug several sections, as well as provided a
comments or two paper copies of any Administration, 5600 Fishers Lane, number of suggestions of a more
mailed comments, except that Rockville, MD 20857, or the Office of technical nature. Additionally,
individuals may submit one paper copy. Communication, Training, and comments regarding the draft guidance
Comments are to be identified with the Manufacturers Assistance (HFM–40), raised the following three broader
docket number found in brackets in the Center for Biologics Evaluation and concerns: (1) That it contained
heading of this document. Received Research (CBER), Food and Drug redundant information already
comments may be seen in the Division Administration, 1401 Rockville Pike, presented in the guidance for industry
of Dockets Management between 9 a.m. Rockville, MD 20852–1448. Send one entitled ‘‘Establishing Pregnancy
and 4 p.m., Monday through Friday. self-addressed adhesive label to assist Exposure Registries’’ (draft: 64 FR

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