80_FR_37759 80 FR 37633 - Intent to Exempt Certain Unclassified, Class II, and Class I Reserved Medical Devices From Premarket Notification Requirements; Guidance for Industry and Food and Drug Administration Staff; Availability

80 FR 37633 - Intent to Exempt Certain Unclassified, Class II, and Class I Reserved Medical Devices From Premarket Notification Requirements; Guidance for Industry and Food and Drug Administration Staff; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37633-37635
FR Document2015-16150

The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Intent to Exempt Certain Unclassified, Class II, and Class I Reserved Medical Devices from Premarket Notification Requirements.'' This guidance describes FDA's intent to exempt certain unclassified medical devices (that FDA intends to classify into class I or II), certain class II medical devices, and certain class I medical devices from premarket notification requirements. FDA believes the devices identified in this guidance document are sufficiently well understood and do not require premarket notification to assure their safety and effectiveness.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37633-37635]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16150]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-0967]


Intent to Exempt Certain Unclassified, Class II, and Class I 
Reserved Medical Devices From Premarket Notification Requirements; 
Guidance for Industry and Food and Drug Administration Staff; 
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the guidance entitled ``Intent to Exempt Certain 
Unclassified, Class II, and Class I Reserved Medical Devices from 
Premarket Notification Requirements.'' This guidance describes FDA's 
intent to exempt certain unclassified medical devices (that FDA intends 
to classify into class I or II), certain class II medical devices, and 
certain class I medical devices from premarket notification 
requirements. FDA believes the devices identified in this guidance 
document are sufficiently well understood and do not require premarket 
notification to assure their safety and effectiveness.

DATES: Submit either electronic or written comments on this guidance at 
any time. General comments on Agency guidance documents are welcome at 
any time.

ADDRESSES: An electronic copy of the guidance document is available for 
download from the Internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the guidance document entitled 
``Intent to Exempt Certain Unclassified, Class II, and Class I Reserved 
Medical Devices from Premarket Notification Requirements'' to the 
Office of the Center Director, Guidance and Policy Development, Center 
for Devices and Radiological Health, Food and Drug Administration, 
10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-
0002. Send one self-addressed adhesive label to assist that office in 
processing your request.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852. Identify comments with the docket number 
found in brackets in the heading of this document.

[[Page 37634]]


FOR FURTHER INFORMATION CONTACT: Angela C. Krueger, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 1666, Silver Spring, MD 20993-0002, 301-
796-6380.

SUPPLEMENTARY INFORMATION:

I. Background

    In the commitment letter (section 1.G of the Performance Goals and 
Procedures) that was drafted as part of the reauthorization process for 
the Medical Device User Fee Amendments of 2012, part of the Food and 
Drug Administration Safety and Innovation Act (Pub. L. 112-144), FDA 
committed to identifying low-risk medical devices to exempt from 
premarket notification requirements. This guidance describes FDA's 
intent to exempt certain unclassified medical devices (that FDA intends 
to classify into class I or II), certain class II medical devices, and 
certain class I medical devices (that no longer meet the ``reserved'' 
criteria in section 510(l) of the Federal Food, Drug, and Cosmetic Act 
(the FD&C Act) (21 U.S.C. 360(l))) from premarket notification 
requirements. FDA believes the devices identified in this guidance 
document are sufficiently well understood and do not require 510(k) 
notification to assure their safety and effectiveness.
    The draft of this guidance was made available in the Federal 
Register on August 1, 2014 (79 FR 44804). The comment period closed on 
September 30, 2014. FDA received one comment on the draft guidance 
requesting that devices classified under 21 CFR 880.6760 (Protective 
restraint, product code OYS, Patient Bed with Canopy/Restraints) be 
considered for inclusion in the guidance document. FDA considered the 
comment and determined it was appropriate to add this device type to 
the final guidance.
    In the process of finalizing the guidance document, the Center for 
Devices and Radiological Health (CDRH) reviewed additional medical 
device product codes not included in the draft guidance and determined 
that there were additional device types which are sufficiently well 
understood and do not require premarket notification (510(k)) to assure 
their safety and effectiveness. As a result, the following device types 
(product codes) were added to the final guidance document: EIB--
Syringe, Irrigating (Dental); EWD--Protector, Hearing (Insert); EWE--
Protector, Hearing (Circumaural); LEZ--Aids, Speech Training for the 
Hearing Impaired (AC-Powered and Patient-Contact); LFA--Aids, Speech 
Training for the Hearing Impaired (Battery-Operated or Non-Patient); 
KLX--Electroglottograph; LZI--Device, Assistive Listening; LRL--
Cushion, Hemorrhoid; KMJ--Lubricant, Patient; OYS--Patient Bed with 
Canopy/Restraint (see above); HCD--Cannula, Ventricular; GYK--
Instrument, Shunt System Implantation; LHM--System, Thermographic, 
Liquid Crystal; KYA--System, Thermographic, Liquid Crystal, Nonpowered 
(Adjunctive Use); NUR--Pad, Interlabial; and LZW--Monitor, Spine 
Curvature.
    Additionally, CDRH reviewed the device types (product codes) 
included in the draft guidance document and determined that two device 
types (product codes) originally proposed in the draft guidance 
document should not be included in the final guidance as devices for 
which FDA intends to exempt from premarket notification requirements: 
FLL--Thermometer, Electrical, Clinical (21 CFR 880.2910); and GWO--
Plate, Cranioplasty, Preformed, Alterable (21 CFR 882.5320). CDRH 
determined that premarket notification (510(k)) is necessary to assure 
the safety and effectiveness of these devices. Notably, the FLL product 
code currently covers thermometers with a range of technologies and 
intended uses, including those used to screen for potential pandemic 
contagious diseases. CDRH believes that some thermometer types may be 
candidates for exemption from premarket notification requirements at a 
later date, but that thermometers should first be further categorized 
by technology and/or intended use into distinct product codes. CDRH is 
actively reviewing this issue and will further consider which of the 
sub-types may be appropriate to exempt from premarket notification 
requirements. In addition, CDRH believes that premarket notification 
(510(k)) is necessary to provide a reasonable assurance of safety and 
effectiveness for cranioplasty plates (GWO), which are permanent 
implants and may be constructed of polymeric materials and/or may be 
resorbable, because FDA must evaluate the material properties and 
resorption rate in relation to bone healing. CDRH recognizes that 
manufacturers may not have submitted a 510(k) for these two device 
types following publication of the draft guidance. As a result, CDRH is 
providing such manufacturers 90 days following the publication of this 
notice to submit a 510(k) for these device types; however, distribution 
and marketing of such devices must cease if a manufacturer receives an 
order from FDA declaring the device to be not substantially equivalent 
to any legally marketed predicate device. Finally, CDRH changed the 
product code listed in the guidance document for Ophthalmic Cameras (21 
CFR 886.1120) from HKI--Camera, Ophthalmic, AC-Powered to PJZ--Camera, 
Ophthalmic, AC-Powered, General Use to clarify the type of AC-powered 
Ophthalmic Camera CDRH intended to exempt. CDRH also removed LQX--
Device, Finger-Sucking (21 CFR 890.3475) from the final guidance 
because this device type is already classified as class I (general 
controls) and exempt from premarket notification. Finger-sucking 
devices (LQX) and cranioplasty plates (GWO) were unintentionally 
included in the draft guidance.

III. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of the FDA on the Intent to Exempt Certain 
Unclassified, Class II, and Class I Reserved Medical Devices from 
Premarket Notification Requirements. 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.

IV. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by 
downloading an electronic copy from the Internet. A search capability 
for all CDRH guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at http://www.regulations.gov. Persons unable to download an electronic copy of 
``Intent to Exempt Certain Unclassified, Class II, and Class I Reserved 
Medical Devices from Premarket Notification Requirements'' may send an 
email request to [email protected] to receive an electronic 
copy of the document. Please use the document number 1300046 to 
identify the guidance you are requesting.

V. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collections of information in 21 CFR part 807, subpart E, have been

[[Page 37635]]

approved under OMB control number 0910-0120.

VI. Comments

    Interested persons may submit either electronic comments regarding 
this document to http://www.regulations.gov or written comments to the 
Division of Dockets Management (see ADDRESSES). It is only necessary to 
send one set of comments. Identify comments 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, and will be posted to the docket at http://www.regulations.gov.

    Dated: June 26, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-16150 Filed 6-30-15; 8:45 am]
BILLING CODE 4164-01-P



                                                                            Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices                                           37633




                                                Dated: June 25, 2015.                                 availability of the guidance entitled                  information on electronic access to the
                                              Leslie Kux,                                             ‘‘Intent to Exempt Certain Unclassified,               guidance. Submit written requests for a
                                              Associate Commissioner for Policy.                      Class II, and Class I Reserved Medical                 single hard copy of the guidance
                                              [FR Doc. 2015–16125 Filed 6–30–15; 8:45 am]             Devices from Premarket Notification                    document entitled ‘‘Intent to Exempt
                                              BILLING CODE 4164–01–C                                  Requirements.’’ This guidance describes                Certain Unclassified, Class II, and Class
                                                                                                      FDA’s intent to exempt certain                         I Reserved Medical Devices from
                                                                                                      unclassified medical devices (that FDA                 Premarket Notification Requirements’’
                                              DEPARTMENT OF HEALTH AND                                intends to classify into class I or II),               to the Office of the Center Director,
                                              HUMAN SERVICES                                          certain class II medical devices, and                  Guidance and Policy Development,
                                                                                                      certain class I medical devices from                   Center for Devices and Radiological
                                              Food and Drug Administration                            premarket notification requirements.                   Health, Food and Drug Administration,
                                              [Docket No. FDA–2014–D–0967]                            FDA believes the devices identified in                 10903 New Hampshire Ave., Bldg. 66,
                                                                                                      this guidance document are sufficiently                Rm. 5431, Silver Spring, MD 20993–
                                              Intent to Exempt Certain Unclassified,                  well understood and do not require                     0002. Send one self-addressed adhesive
                                              Class II, and Class I Reserved Medical                  premarket notification to assure their                 label to assist that office in processing
                                              Devices From Premarket Notification                     safety and effectiveness.                              your request.
                                              Requirements; Guidance for Industry                     DATES: Submit either electronic or                        Submit electronic comments on the
                                              and Food and Drug Administration                        written comments on this guidance at                   guidance to http://www.regulations.gov.
                                              Staff; Availability                                     any time. General comments on Agency
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                             Submit written comments to the
                                              AGENCY:    Food and Drug Administration,                guidance documents are welcome at any                  Division of Dockets Management (HFA–
                                              HHS.                                                    time.                                                  305), Food and Drug Administration,
                                              ACTION:   Notice.                                       ADDRESSES: An electronic copy of the                   5630 Fishers Lane, Rm. 1061, Rockville,
                                                                                                      guidance document is available for                     MD 20852. Identify comments with the
                                              SUMMARY: The Food and Drug                              download from the Internet. See the                    docket number found in brackets in the
                                              Administration (FDA) is announcing the                  SUPPLEMENTARY INFORMATION section for                  heading of this document.
                                                                                                                                                                                                         EN01JY15.011</GPH>




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                                              37634                         Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices

                                              FOR FURTHER INFORMATION CONTACT:                        Operated or Non-Patient); KLX—                         marketed predicate device. Finally,
                                              Angela C. Krueger, Center for Devices                   Electroglottograph; LZI—Device,                        CDRH changed the product code listed
                                              and Radiological Health, Food and Drug                  Assistive Listening; LRL—Cushion,                      in the guidance document for
                                              Administration, 10903 New Hampshire                     Hemorrhoid; KMJ—Lubricant, Patient;                    Ophthalmic Cameras (21 CFR 886.1120)
                                              Ave., Bldg. 66, Rm. 1666, Silver Spring,                OYS—Patient Bed with Canopy/                           from HKI—Camera, Ophthalmic, AC-
                                              MD 20993–0002, 301–796–6380.                            Restraint (see above); HCD—Cannula,                    Powered to PJZ—Camera, Ophthalmic,
                                              SUPPLEMENTARY INFORMATION:                              Ventricular; GYK—Instrument, Shunt                     AC-Powered, General Use to clarify the
                                                                                                      System Implantation; LHM—System,                       type of AC-powered Ophthalmic
                                              I. Background                                           Thermographic, Liquid Crystal; KYA—                    Camera CDRH intended to exempt.
                                                 In the commitment letter (section 1.G                System, Thermographic, Liquid Crystal,                 CDRH also removed LQX—Device,
                                              of the Performance Goals and                            Nonpowered (Adjunctive Use); NUR—                      Finger-Sucking (21 CFR 890.3475) from
                                              Procedures) that was drafted as part of                 Pad, Interlabial; and LZW—Monitor,                     the final guidance because this device
                                              the reauthorization process for the                     Spine Curvature.                                       type is already classified as class I
                                              Medical Device User Fee Amendments                         Additionally, CDRH reviewed the                     (general controls) and exempt from
                                              of 2012, part of the Food and Drug                      device types (product codes) included                  premarket notification. Finger-sucking
                                              Administration Safety and Innovation                    in the draft guidance document and                     devices (LQX) and cranioplasty plates
                                              Act (Pub. L. 112–144), FDA committed                    determined that two device types                       (GWO) were unintentionally included
                                              to identifying low-risk medical devices                 (product codes) originally proposed in                 in the draft guidance.
                                              to exempt from premarket notification                   the draft guidance document should not
                                              requirements. This guidance describes                                                                          III. Significance of Guidance
                                                                                                      be included in the final guidance as
                                              FDA’s intent to exempt certain                          devices for which FDA intends to                          This guidance is being issued
                                              unclassified medical devices (that FDA                  exempt from premarket notification                     consistent with FDA’s good guidance
                                              intends to classify into class I or II),                                                                       practices regulation (21 CFR 10.115).
                                                                                                      requirements: FLL—Thermometer,
                                              certain class II medical devices, and                                                                          The guidance represents the current
                                                                                                      Electrical, Clinical (21 CFR 880.2910);
                                              certain class I medical devices (that no                                                                       thinking of the FDA on the Intent to
                                                                                                      and GWO—Plate, Cranioplasty,
                                              longer meet the ‘‘reserved’’ criteria in                                                                       Exempt Certain Unclassified, Class II,
                                                                                                      Preformed, Alterable (21 CFR 882.5320).
                                              section 510(l) of the Federal Food, Drug,                                                                      and Class I Reserved Medical Devices
                                                                                                      CDRH determined that premarket
                                              and Cosmetic Act (the FD&C Act) (21                                                                            from Premarket Notification
                                                                                                      notification (510(k)) is necessary to
                                              U.S.C. 360(l))) from premarket                                                                                 Requirements. It does not establish any
                                                                                                      assure the safety and effectiveness of
                                              notification requirements. FDA believes                                                                        rights for any person and is not binding
                                                                                                      these devices. Notably, the FLL product
                                              the devices identified in this guidance                                                                        on FDA or the public. You can use an
                                                                                                      code currently covers thermometers
                                              document are sufficiently well                                                                                 alternative approach if it satisfies the
                                              understood and do not require 510(k)                    with a range of technologies and
                                                                                                      intended uses, including those used to                 requirements of the applicable statutes
                                              notification to assure their safety and                                                                        and regulations.
                                              effectiveness.                                          screen for potential pandemic
                                                 The draft of this guidance was made                  contagious diseases. CDRH believes that                IV. Electronic Access
                                              available in the Federal Register on                    some thermometer types may be
                                              August 1, 2014 (79 FR 44804). The                       candidates for exemption from                             Persons interested in obtaining a copy
                                              comment period closed on September                      premarket notification requirements at a               of the guidance may do so by
                                              30, 2014. FDA received one comment on                   later date, but that thermometers should               downloading an electronic copy from
                                              the draft guidance requesting that                      first be further categorized by                        the Internet. A search capability for all
                                              devices classified under 21 CFR                         technology and/or intended use into                    CDRH guidance documents is available
                                              880.6760 (Protective restraint, product                 distinct product codes. CDRH is actively               at http://www.fda.gov/MedicalDevices/
                                              code OYS, Patient Bed with Canopy/                      reviewing this issue and will further                  DeviceRegulationandGuidance/
                                              Restraints) be considered for inclusion                 consider which of the sub-types may be                 GuidanceDocuments/default.htm.
                                              in the guidance document. FDA                           appropriate to exempt from premarket                   Guidance documents are also available
                                              considered the comment and                              notification requirements. In addition,                at http://www.regulations.gov. Persons
                                              determined it was appropriate to add                    CDRH believes that premarket                           unable to download an electronic copy
                                              this device type to the final guidance.                 notification (510(k)) is necessary to                  of ‘‘Intent to Exempt Certain
                                                 In the process of finalizing the                     provide a reasonable assurance of safety               Unclassified, Class II, and Class I
                                              guidance document, the Center for                       and effectiveness for cranioplasty plates              Reserved Medical Devices from
                                              Devices and Radiological Health (CDRH)                  (GWO), which are permanent implants                    Premarket Notification Requirements’’
                                              reviewed additional medical device                      and may be constructed of polymeric                    may send an email request to CDRH-
                                              product codes not included in the draft                 materials and/or may be resorbable,                    Guidance@fda.hhs.gov to receive an
                                              guidance and determined that there                      because FDA must evaluate the material                 electronic copy of the document. Please
                                              were additional device types which are                  properties and resorption rate in                      use the document number 1300046 to
                                              sufficiently well understood and do not                 relation to bone healing. CDRH                         identify the guidance you are
                                              require premarket notification (510(k))                 recognizes that manufacturers may not                  requesting.
                                              to assure their safety and effectiveness.               have submitted a 510(k) for these two                  V. Paperwork Reduction Act of 1995
                                              As a result, the following device types                 device types following publication of
                                              (product codes) were added to the final                 the draft guidance. As a result, CDRH is                 This guidance refers to previously
                                              guidance document: EIB—Syringe,                         providing such manufacturers 90 days                   approved collections of information
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                                              Irrigating (Dental); EWD—Protector,                     following the publication of this notice               found in FDA regulations. These
                                              Hearing (Insert); EWE—Protector,                        to submit a 510(k) for these device                    collections of information are subject to
                                              Hearing (Circumaural); LEZ—Aids,                        types; however, distribution and                       review by the Office of Management and
                                              Speech Training for the Hearing                         marketing of such devices must cease if                Budget (OMB) under the Paperwork
                                              Impaired (AC-Powered and Patient-                       a manufacturer receives an order from                  Reduction Act of 1995 (44 U.S.C. 3501–
                                              Contact); LFA—Aids, Speech Training                     FDA declaring the device to be not                     3520). The collections of information in
                                              for the Hearing Impaired (Battery-                      substantially equivalent to any legally                21 CFR part 807, subpart E, have been


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                                                                            Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices                                            37635

                                              approved under OMB control number                       Colesville Rd., COLE–14526, Silver                     section 351(k)(4) of the PHS Act.)
                                              0910–0120.                                              Spring, MD 20993–0002, PRAStaff@                       Interchangeable products may be
                                                                                                      fda.hhs.gov.                                           substituted for the reference product
                                              VI. Comments
                                                                                                      SUPPLEMENTARY INFORMATION:    In                       without the intervention of the
                                                 Interested persons may submit either                                                                        prescribing health care provider. (See
                                              electronic comments regarding this                      compliance with 44 U.S.C. 3507, FDA
                                                                                                      has submitted the following proposed                   section 351(i)(3) of the PHS Act.)
                                              document to http://www.regulations.gov                                                                            In estimating the information
                                              or written comments to the Division of                  collection of information to OMB for
                                                                                                                                                             collection burden for 351(k)
                                              Dockets Management (see ADDRESSES). It                  review and clearance.
                                                                                                                                                             applications, we reviewed the number
                                              is only necessary to send one set of                    General Licensing Provisions; Section                  of 351(k) applications FDA has received
                                              comments. Identify comments with the                    351(k) Biosimilar Applications OMB                     through fiscal year (FY) 2014, as well as
                                              docket number found in brackets in the                  Control Number 0910–0719—Extension                     the collection of information regarding
                                              heading of this document. Received                                                                             the general licensing provisions for
                                                                                                         The Patient Protection and Affordable
                                              comments may be seen in the Division                                                                           biologics license applications under
                                                                                                      Care Act (Affordable Care Act) (Pub. L.
                                              of Dockets Management between 9 a.m.                                                                           section 351(a) of the PHS Act submitted
                                                                                                      111–148) contains a subtitle called the
                                              and 4 p.m., Monday through Friday, and                                                                         to OMB (approved under OMB control
                                                                                                      Biologics Price Competition and
                                              will be posted to the docket at http://                                                                        number 0910–0338). For the
                                                                                                      Innovation Act of 2009 (BPCI Act),
                                              www.regulations.gov.                                                                                           information collection burden for 351(a)
                                                                                                      which amends the Public Health Service
                                                Dated: June 26, 2015.                                                                                        applications, FDA described § 601.2(a)
                                                                                                      Act (PHS Act) and establishes an
                                              Leslie Kux,                                                                                                    (21 CFR 601.2(a)) as requiring a
                                                                                                      abbreviated licensure pathway for
                                                                                                                                                             manufacturer of a biological product to
                                              Associate Commissioner for Policy.                      biological products shown to be
                                                                                                                                                             submit an application on forms
                                              [FR Doc. 2015–16150 Filed 6–30–15; 8:45 am]             biosimilar to, or interchangeable with,
                                                                                                                                                             prescribed for such purpose with
                                              BILLING CODE 4164–01–P                                  an FDA-licensed biological reference
                                                                                                                                                             accompanying data and information
                                                                                                      product (See sections 7001 through
                                                                                                                                                             including certain labeling information
                                                                                                      7003 of the Affordable Care Act.)                      to FDA for approval to market a product
                                              DEPARTMENT OF HEALTH AND                                   Section 351(k) of the PHS Act (42
                                                                                                                                                             in interstate commerce. FDA also added
                                              HUMAN SERVICES                                          U.S.C. 262(k)), added by the BPCI Act,
                                                                                                                                                             in the burden estimate the container and
                                                                                                      sets forth the requirements for an                     package labeling requirements provided
                                              Food and Drug Administration                            application for a proposed biosimilar                  under §§ 610.60 through 610.65 (21 CFR
                                              [Docket No. FDA–2012–N–0129]                            product and an application or a                        610.60 through 610.65). The estimated
                                                                                                      supplement for a proposed                              hours per response for § 601.2, and
                                              Agency Information Collection                           interchangeable product. Section 351(k)                §§ 610.60 through 610.65, are 860 hours.
                                              Activities; Submission for Office of                    defines biosimilarity to mean ‘‘that the                  In addition, in submitting a 351(a)
                                              Management and Budget Review;                           biological product is highly similar to                application, an applicant completes the
                                              Comment Request; General Licensing                      the reference product notwithstanding                  Form FDA 356h, ‘‘Application to Market
                                              Provisions; Section 351(k) Biosimilar                   minor differences in clinically inactive               a New Drug, Biologic, or an Antibiotic
                                              Applications                                            components’’ and that ‘‘there are no                   Drug for Human Use.’’ The application
                                                                                                      clinically meaningful differences                      form serves primarily as a checklist for
                                              AGENCY:    Food and Drug Administration,
                                                                                                      between the biological product and the                 firms to gather and submit certain
                                              HHS.
                                                                                                      reference product in terms of the safety,              information to FDA. The checklist helps
                                              ACTION:   Notice.                                       purity, and potency of the product.’’                  to ensure that the application is
                                              SUMMARY:   The Food and Drug                            (See section 351(i)(2) of the PHS Act.) A              complete and contains all the necessary
                                              Administration (FDA) is announcing                      351(k) application must contain, among                 information so that delays due to lack of
                                              that a proposed collection of                           other things, information demonstrating                information may be eliminated. The
                                              information has been submitted to the                   that the biological product is biosimilar              form provides key information to FDA
                                              Office of Management and Budget                         to a reference product based upon data                 for efficient handling and distribution to
                                              (OMB) for review and clearance under                    derived from analytical studies, animal                the appropriate staff for review. The
                                              the Paperwork Reduction Act of 1995.                    studies, and clinical studies, unless                  estimated burden hours for biological
                                              DATES: Fax written comments on the                      FDA determines, in its discretion, that                product submissions using FDA Form
                                              collection of information by July 31,                   certain studies are unnecessary in a                   356h are included under the applicable
                                              2015.                                                   351(k) application. (See section                       requirements approved under OMB
                                                                                                      351(k)(2) of the PHS Act.) To                          control number 0910–0338.
                                              ADDRESSES: To ensure that comments on                   demonstrate interchangeability, an                        To submit an application seeking
                                              the information collection are received,                applicant must provide sufficient                      licensure of a proposed biosimilar
                                              OMB recommends that written                             information to demonstrate                             product under section 351(k)(2)(A)(i)
                                              comments be faxed to the Office of                      biosimilarity and that the biosimilar                  and (k)(2)(A)(iii) of the PHS Act, FDA
                                              Information and Regulatory Affairs,                     biological product can be expected to                  believes that the estimated burden hours
                                              OMB, Attn: FDA Desk Officer, FAX:                       produce the same clinical result as the                would be approximately the same as
                                              202–395–7285, or emailed to oira_                       reference product in any given patient                 noted under OMB control number
                                              submission@omb.eop.gov. All                             and, if the biosimilar biological product              0910–0338 for a 351(a) application—860
                                              comments should be identified with the                  is administered more than once to an                   hours. The burden estimates for seeking
                                              OMB control number 0910–0719. Also
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                                                                                                      individual, the risk in terms of safety or             licensure of a proposed biosimilar
                                              include the FDA docket number found                     diminished efficacy of alternating or                  product that meets the standards for
                                              in brackets in the heading of this                      switching between the use of the                       interchangeability under section
                                              document.                                               biosimilar biological product and the                  351(k)(2)(B) and (k)(4) would also be
                                              FOR FURTHER INFORMATION CONTACT: FDA                    reference product is not greater than the              860 hours. Until we gain more
                                              PRA Staff, Office of Operations, Food                   risk of using the reference product                    experience with biosimilar applications,
                                              and Drug Administration, 8455                           without such alternation or switch. (See               FDA believes this estimate is


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Document Created: 2015-12-15 13:20:03
Document Modified: 2015-12-15 13:20:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.
ContactAngela C. Krueger, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1666, Silver Spring, MD 20993-0002, 301- 796-6380.
FR Citation80 FR 37633 

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