[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5894-5895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01796]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-1211]


Recommendations for Evaluating Donor Eligibility Using Individual 
Risk-Based Questions To Reduce the Risk of Human Immunodeficiency Virus 
Transmission by Blood and Blood Products; Draft Guidance for Industry; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance entitled ``Recommendations for 
Evaluating Donor Eligibility Using Individual Risk-Based Questions to 
Reduce the Risk of Human Immunodeficiency Virus Transmission by Blood 
and Blood Products; Draft Guidance for Industry.'' The draft guidance 
document provides blood establishments that collect blood or blood 
components, including Source Plasma, with FDA's revised donor deferral 
recommendations for individuals with increased risk for transmitting 
human immunodeficiency virus (HIV) infection. FDA is also recommending 
that these blood establishments make corresponding revisions to donor 
educational materials, donor history questionnaires and accompanying 
materials, along with revisions to donor requalification and product 
management procedures. This draft guidance, when finalized, will 
supersede the guidance entitled, ``Revised Recommendations for Reducing 
the Risk of Human Immunodeficiency Virus Transmission by Blood and 
Blood Products; Guidance for Industry'' dated April 2020 and updated 
August 2020.

DATES: Submit either electronic or written comments on the draft 
guidance by March 31, 2023 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 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:
     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.
     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:
     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.
     For written/paper comments submitted to the Dockets 
Management

[[Page 5895]]

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-2015-D-1211 for ``Recommendations for Evaluating Donor Eligibility 
Using Individual Risk-Based Questions to Reduce the Risk of Human 
Immunodeficiency Virus Transmission by Blood and Blood Products; Draft 
Guidance for Industry.'' 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.
     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)).
    Submit written requests for single copies of the draft guidance to 
the Office of Communication, Outreach and Development, Center for 
Biologics Evaluation and Research (CBER), Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist the office in 
processing your requests. The draft guidance may also be obtained by 
mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the 
SUPPLEMENTARY INFORMATION section for electronic access to the draft 
guidance document.

FOR FURTHER INFORMATION CONTACT: Andrew Harvan, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance entitled 
``Recommendations for Evaluating Donor Eligibility Using Individual 
Risk-Based Questions to Reduce the Risk of Human Immunodeficiency Virus 
Transmission by Blood and Blood Products; Draft Guidance for 
Industry.'' This draft guidance document provides blood establishments 
that collect blood or blood components, including Source Plasma, with 
FDA's revised donor deferral recommendations for individuals with 
increased risk for transmitting HIV infection. FDA is also recommending 
that these blood establishments make corresponding revisions to donor 
educational materials, donor history questionnaires and accompanying 
materials, along with revisions to donor requalification and product 
management procedures.
    In this draft guidance, based on FDA's review of the available 
science, FDA recommends eliminating the time-based deferrals for men 
who have sex with men (MSM) and women who have sex with MSM. Instead, 
FDA recommends assessing donor eligibility using gender-inclusive, 
individual risk-based questions relevant to HIV risk. In addition, FDA 
recommends deferral of any individual taking medications to treat or 
prevent HIV infection. FDA does not expect that implementation of these 
recommendations will be associated with any adverse effect on the 
safety of the blood supply.
    This draft guidance, when finalized, will supersede the guidance 
entitled, ``Revised Recommendations for Reducing the Risk of Human 
Immunodeficiency Virus Transmission by Blood and Blood Products; 
Guidance for Industry'' dated April 2020 and updated August 2020.
    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 evaluating 
donor eligibility using individual risk-based questions to reduce the 
risk of HIV transmission by blood and blood products. 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. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does 
refer to previously approved FDA collections of information. Therefore, 
clearance by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not 
required for this guidance. The previously approved collections of 
information are subject to review by OMB under the PRA. The collections 
of information in 21 CFR 601.12 have been approved under OMB control 
number 0910-0338; the collections of information in 21 CFR 606.121 and 
parts 610 and 630 have been approved under OMB control number 0910-
0116; and the collections of information for consignee notification 
have been approved under OMB control number 0910-0681.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or 
https://www.regulations.gov.

    Dated: January 25, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-01796 Filed 1-27-23; 8:45 am]
BILLING CODE 4164-01-P


