[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Notices]               
[Page 65046-65047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no07-65]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2007D-0449]

 
Draft Guidance for Food and Drug Administration Advisory 
Committee Members and Food and Drug Administration Staff: Voting 
Procedures for Advisory Committee Meetings; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of a draft guidance document for FDA advisory committee 
members and FDA staff entitled, ``Voting Procedures for Advisory 
Committee Meetings.'' This draft document is intended to provide 
guidance on advisory committee voting procedures that can be used for 
the voting process when votes are taken during advisory committee 
meetings. It does not to define when votes should be taken.

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draft guidance before it begins work on the final version of the 
guidance, submit written or electronic comment on the draft guidance by 
January 18, 2007.

ADDRESSES: Submit written requests for single copies of the guidance to 
the Office of Policy (HF-11), Office of the Commissioner, Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one self-
addressed adhesive label to assist that office in processing your 
requests. Submit phone requests to 800-835-4709 or 301-827-1800. Submit 
written comments on the 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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fda.gov/dockets/ecomments or http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. See the SUPPLEMENTARY 
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:  Jill Hartzler Warner, Office of 
Policy, Planning, and Preparedness (HF-11), Food and Drug 
Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-3370.

[[Page 65047]]


SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for FDA 
advisory committee members and FDA staff entitled, ``Voting Procedures 
for Advisory Committee Meetings,'' dated November 2007.
    FDA's advisory committees provide independent, expert advice to the 
agency on a range of complex scientific, technical, and policy issues, 
including questions related to the development and evaluation of 
products regulated by FDA. Advisory committees are a valuable resource 
to FDA, and they make an important contribution to the agency's 
decision-making processes. Although advisory committees provide 
recommendations to FDA, FDA makes the final decisions.
    Advisory committees typically communicate advice or recommendations 
to the agency in two ways. First, committee members routinely share 
their individual thoughts and recommendations during the discussion of 
a particular matter at an advisory committee meeting. Second, advisory 
committees often vote on a question or series of questions posed to the 
committee during a committee meeting.
    Votes can be an effective means of communicating with FDA because 
they provide feedback on discrete questions. These questions are 
generally scientific in nature and can involve a range of subjects, 
including evaluation of post-market safety data or pre-market 
assessment of a product's risk/benefit profile. Since all members vote 
on the same question, the results help FDA gauge a committee's 
collective view on complex, multi-faceted issues. This view helps 
inform the agency's own deliberations on scientific and regulatory 
matters.
    This draft guidance recommends adopting uniform voting procedures 
to help maximize the integrity and meaning of voting results. In 
developing these recommendations, FDA is mindful of the legal 
requirements of the Federal Advisory Committee Act, other relevant 
statutes (e.g., the Federal Food, Drug, and Cosmetic Act), regulations 
(e.g., 21 CFR Part 14) , guidance, and policies, and the goals of FDA's 
of advisory committee program.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance 
represents the agency's current thinking on recommended uniform 
procedures that can be used for the voting process when votes are taken 
during advisory committee meetings. 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 this document. 
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 in January 2008, the FDA Web site is expected to 
transition to the Federal Dockets Management System (FDMS). FDMS is a 
Government-wide, electronic docket management system. After the 
transition date, electronic submissions will be accepted by FDA through 
the FDMS only. When the exact date of the transition to FDMS is known, 
FDA will publish a Federal Register notice announcing that date.

    Dated: November 14, 2007.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. 07-5751 Filed 11-15-07; 9:06 am]

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