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30128 Federal Register / Vol. 70, No.

100 / Wednesday, May 25, 2005 / Notices

investigational antiviral drugs. Topics in DEPARTMENT OF HEALTH AND Johannessen, Office of the
this guidance include studies defining HUMAN SERVICES Commissioner (HF–33), Food and Drug
the mechanism of action, establishing Administration, 5600 Fishers Lane (for
specific antiviral activity of the Food and Drug Administration express delivery, rm. 14C–06),
investigative drug, providing data on the [Docket No. 2005N–0184] Rockville, MD 20857, 301–827–6687, or
development of viral resistance to the by e-mail: jjohannessen@fda.gov.
investigational drug, and providing data Solicitation of Public Review and SUPPLEMENTARY INFORMATION: All
identifying cross-resistance to approved Comment on Research Protocol: studies conducted or supported by HHS
drugs having the same target. Precursor Preference in Surfactant that are not otherwise exempt and that
Synthesis of Newborns propose to involve children as subjects
This draft guidance is being issued
require Institutional Review Board (IRB)
consistent with FDA’s good guidance AGENCY: Office of Public Health and
review in accordance with the
practices regulation (21 CFR 10.115). Science and Food and Drug
provisions of HHS regulations for the
The draft guidance, when finalized, will Administration, HHS.
protection of human subjects in 45 CFR
represent the agency’s current thinking ACTION: Notice. part 46, subpart D. Under FDA’s interim
on antiviral drug development; final rule effective April 30, 2001, FDA
conducting virology studies and SUMMARY: The Office for Human
Research Protections (OHRP), Office of adopted similar regulations in part 50,
submitting the data to the agency. It subpart D (21 CFR part 50, subpart D)
does not create or confer any rights for Public Health and Science, Department
of Health and Human Services (HHS), to provide safeguards for children
or on any person and does not operate enrolled in clinical investigations of
to bind FDA or the public. An and the Food and Drug Administration
(FDA), are soliciting public review and FDA-regulated products. Because the
alternative approach may be used if proposed research, ‘‘Precursor
comment on a proposed research
such approach satisfies the Preference in Surfactant Synthesis of
protocol entitled ‘‘Precursor Preference
requirements of the applicable statutes Newborns,’’ would be supported by
in Surfactant Synthesis of Newborns.’’
and regulations. The proposed research would be NIH, a component of HHS, and would
conducted at the St. Louis Children’s be regulated by FDA, both HHS and
II. Paperwork Reduction Act of 1995 FDA regulations apply to this proposed
Hospital and supported by the National
This guidance contains information Heart, Lung and Blood Institute. Public research.
collection provisions that are subject to review and comment are solicited Under HHS regulations in 45 CFR
review by the Office of Management and regarding the proposed research 46.407, and FDA regulations in § 50.54,
Budget (OMB) under the Paperwork protocol under the requirements of HHS if an IRB reviewing a protocol to be
and FDA regulations. conducted or supported by HHS for a
Reduction Act of 1995 (44 U.S.C. 3501–
clinical investigation regulated by FDA
3520). The collection of information in DATES: To be considered, written or
does not believe that the proposed
this guidance was approved under OMB electronic comments on the proposed research involving children as subjects
control number 0910–0014 (until research must be received on or before meets the requirements of HHS
January 31, 2006). 4:30 p.m. on June 17, 2005. regulations in 45 CFR 46.404, 46.405, or
ADDRESSES: Electronic copies of the 46.406, and FDA regulations in §§ 50.51,
III. Comments
documents for public review can be 50.52, or 50.53, the research may
Interested persons may submit to the viewed at the Pediatric Advisory proceed only if the following conditions
Division of Dockets Management (see Committee Docket Web site at http:// are met: (1) IRB finds that the research
ADDRESSES) written or electronic www.fda.gov/ohrms/dockets/ac/ presents a reasonable opportunity to
comments on the draft guidance. Submit acmenu.htm. (Click on the year 2005 further the understanding, prevention,
a single copy of electronic comments or and scroll down to Pediatric Ethics or alleviation of a serious problem
two paper copies of any mailed Subcommittee meetings.) Submit affecting the health or welfare of
comments, except that individuals may written comments to the Division of children; and (2) the Secretary (HHS)
submit one paper copy. Comments are Dockets Management (HFA–305), and the Commissioner (FDA), after
to be identified with the docket number Docket No. 2005N–0184, Food and Drug consultation with experts in pertinent
Administration, 5630 Fishers Lane, rm. disciplines (e.g., science, medicine,
found in brackets in the heading of this
1061, Rockville, MD 20852. Submit education, ethics, law) and following
document. The draft guidance and
electronic comments to http:// opportunity for public review and
received comments are available for www.fda.gov/dockets/ecomments. All
public examination in the Division of comment, determine either: (a) That the
comments should be identified with the research in fact satisfies the conditions
Dockets Management between 9 a.m. docket number found in brackets in the of 45 CFR 46.404, 46.405, or 46.406
and 4 p.m., Monday through Friday. heading of this document. Received under HHS regulations, and §§ 50.51,
IV. Electronic Access comments may be viewed on FDA’s 50.52, or 50.53 under FDA regulations,
Web site at http://www.fda.gov/ohrms/ or (b) that the following conditions are
Persons with access to the Internet dockets/dockets/05n0184/05n0184.htm, met: (i) The research or clinical
may obtain the document at either http:/ or may be seen in the Division of investigation presents a reasonable
/www.fda.gov/cder/guidance/index.htm Dockets Management between 9 a.m. opportunity to further the
or http://www.fda.gov/ohrms/dockets/ and 4 p.m., Monday through Friday. understanding, prevention, or
default.htm. FOR FURTHER INFORMATION CONTACT: alleviation of a serious problem
Dated: May 18, 2005. Kevin Prohaska, Office for Human affecting the health or welfare of
Research Protections, The Tower children; (ii) the research or clinical
Jeffrey Shuren,
Building, 1101 Wootton Pkwy., suite investigation will be conducted in
Assistant Commissioner for Policy. 200, Rockville, MD 20852, 301–496– accordance with sound ethical
[FR Doc. 05–10431 Filed 5–24–05; 8:45 am] 7005, FAX: 301- 402–2071, e-mail: principles; and (iii) adequate provisions
BILLING CODE 4160–01–S kprohask@osophs.dhhs.gov; or Jan N. are made for soliciting the assent of

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Federal Register / Vol. 70, No. 100 / Wednesday, May 25, 2005 / Notices 30129

children and the permission of their degrees of risk that this research DEPARTMENT OF HEALTH AND
parents or guardians, as set forth in 45 presents to the subjects; (3) are the risks HUMAN SERVICES
CFR 46.408 and 21 CFR 50.55. to the subjects reasonable in relation to
HHS has received a request on behalf the anticipated benefits, and is the Health Resources and Services
of the Washington University Medical research likely to result in knowledge Administration
Center IRB to review under 45 CFR that can be generalized about the
46.407 the protocol entitled ‘‘Precursor Agency Information Collection
subjects’ disorder or condition; and (4)
Preference in Surfactant Synthesis of Activities: Proposed Collection:
does the research present a reasonable Comment Request
Newborns.’’ The principal investigator
opportunity to further the
proposes to administer to preterm and
understanding, prevention, or In compliance with the requirement
full-term newborns simultaneous 24-
hour infusions of palmitate and acetate alleviation of a serious problem for opportunity for public comment on
labeled with the stable (nonradioactive) affecting the health or welfare of proposed data collection projects
isotope carbon-13, then measure the children. (section 3506(c)(2)(A) of Title 44, United
incorporation of each into surfactant, To facilitate the public review and States Code, as amended by the
collected by tracheal aspiration. comment process, FDA has established Paperwork Reduction Act of 1995, Pub.
Subjects of the study would include a public docket and placed in that L. 104–13), the Health Resources and
approximately 10 full-term, intubated docket information relating to the Services Administration (HRSA)
infants with normal lungs and 15 to 20 proposed clinical investigation, publishes periodic summaries of
preterm (24 to 28 weeks gestational age), including the following: proposed projects being developed for
intubated infants with respiratory Correspondence from Washington submission to the Office of Management
distress syndrome. University Medical Center referring the and Budget (OMB) under the Paperwork
The overall goal of the proposed study Reduction Act of 1995. To request more
proposed research protocol to HHS for
is to better understand the potential information on the proposed project or
consideration under 45 CFR 46.407;
differences in precursor preferences in to obtain a copy of the data collection
surfactant synthesis between preterm correspondence from FDA and OHRP to plans and draft instruments, call the
infants with immature lungs (requiring Washington University Medical Center HRSA Reports Clearance Officer on
mechanical ventilation) and full-term regarding the proposed protocol; the (301) 443–1129.
infants with normal lung function. The research protocol; NIH’s grant funding
the protocol; IRB’s deliberations on the Comments are invited on: (a) Whether
three specific aims of the study are to: the proposed collection of information
(1) Determine the rate of surfactant proposed research; the drug preparation
is necessary for the proper performance
synthesis using de novo synthesized protocol; certificate of analysis of the
of the functions of the Agency,
fatty acids (acetate), (2) determine the test compounds; the data safety
including whether the information shall
rate of surfactant synthesis using monitoring plan; and the parental have practical utility; (b) the accuracy of
preformed fatty acids (palmitate), and permission documents. Electronic the Agency’s estimate of the burden of
(3) compare the rates of incorporation in copies of these documents can be the proposed collection of information;
preterm infants versus full-term infants viewed at the Pediatric Advisory (c) ways to enhance the quality, utility,
with normal lungs. Committee (PAC) Docket Web site at
The Washington University Medical and clarity of the information to be
http://www.fda.gov/ohrms/dockets/ac/ collected; and (d) ways to minimize the
Center IRB determined that the protocol acmenu.htm. (Click on the year 2005
was not approvable under 45 CFR burden of the collection of information
and scroll down to Pediatric Ethics on respondents, including the use of
46.404, 46.405, or 46.406 because the
Subcommittee meetings.) These automated collection techniques or
24-hour isotope infusion and extra
materials are also available on OHRP’s other forms of information technology.
blood draws pose more than minimal
risks to the subjects, there is no prospect website at http://www.hhs.gov/ohrp/
Proposed Project: Health Professions
of direct benefit to the individual children/.
Student Loan (HPSL) Program and
subjects, the interventions or procedures All written comments concerning this Nursing Student Loan (NSL) Program
do not present an experience to the proposed research should be submitted Administrative Requirements
control group that are reasonably to FDA’s Division of Dockets (Regulations and Policy)(OMB No.
commensurate with those inherent in Management under 21 CFR 10.20, no 0915–0047)—Extension
their expected medical situation, and later than 4:30 p.m. on June 17, 2005.
the control group does not have the The background materials and received The regulations for the Health
condition or disorder under study. comments may be viewed on FDA’s Professions Student Loan (HPSL)
Accordingly, the Washington University Web site at http://www.fda.gov/ohrms/ Program and Nursing Student Loan
Medical Center IRB forwarded the dockets/dockets/05n0184/05n0184.htm (NSL) Program contain a number of
protocol to OHRP under 45 CFR 46.407 or may be seen in the Division of reporting and recordkeeping
for consideration. Because this clinical requirements for schools and loan
Dockets Management between 9 a.m.
investigation is regulated by FDA, applicants. The requirements are
and 4 p.m., Monday through Friday.
FDA’s regulations in part 50, subpart D, essential for assuring that borrowers are
The background materials may also be aware of rights and responsibilities that
specifically § 50.54, apply as well.
In accordance with 45 CFR 46.407(b) viewed on OHRP’s Web site at http:// schools know the history and staus of
and 21 CFR 50.54(b), OHRP and FDA www.hhs.gov/ohrp/children/. each loan account that schools pursue
are soliciting public review and Dated: May 19, 2005. aggressive collection efforts to reduce
comment on this proposed clinical Sheila Dearybury Walcoff, default rates, and that they maintain
investigation. In particular, comments Associate Commissioner for External adequate records for audit and
are solicited on the following questions: Relations. assessment purposes. Schools are free to
(1) What are the potential benefits, if [FR Doc. 05–10438 Filed 5–24–05; 8:45 am]
use improved information technology to
any, to the subjects and to children in manage the information required by the
BILLING CODE 4160–01–S
general; (2) what are the types and regulations.

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