80_FR_78983 80 FR 78741 - Medical Device ISO 13485:2003 Voluntary Audit Report Pilot Program; Termination of Pilot Program; Announcement of the Medical Device Single Audit Program Operational Phase

80 FR 78741 - Medical Device ISO 13485:2003 Voluntary Audit Report Pilot Program; Termination of Pilot Program; Announcement of the Medical Device Single Audit Program Operational Phase

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 242 (December 17, 2015)

Page Range78741-78742
FR Document2015-31692

The Food and Drug Administration (FDA) is announcing the termination of the Medical Device ISO Voluntary Audit Report Pilot Program. This program allowed the submission of ISO audit reports performed by third parties, along with audit reports from the preceding 2 years, to determine if the owner or operator of the medical device establishment could be removed from FDA's routine inspection work plan for 1 year. FDA is also announcing its participation in the operational phase of the Medical Device Single Audit Program (MDSAP), which will allow third parties recognized by the MDSAP consortium to submit audit reports that FDA will utilize for routine inspections.

Federal Register, Volume 80 Issue 242 (Thursday, December 17, 2015)
[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78741-78742]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31692]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0226]


Medical Device ISO 13485:2003 Voluntary Audit Report Pilot 
Program; Termination of Pilot Program; Announcement of the Medical 
Device Single Audit Program Operational Phase

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
termination of the Medical Device ISO Voluntary Audit Report Pilot 
Program. This program allowed the submission of ISO audit reports 
performed by third parties, along with audit reports from the preceding 
2 years, to determine if the owner or operator of the medical device 
establishment could be removed from FDA's routine inspection work plan 
for 1 year. FDA is also announcing its participation in the operational 
phase of the Medical Device Single Audit Program (MDSAP), which will 
allow third parties recognized by the MDSAP consortium to submit audit 
reports that FDA will utilize for routine inspections.

DATES: This notice is effective March 31, 2016.

FOR FURTHER INFORMATION CONTACT: Robert Ruff, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 3615, Silver Spring, MD 20993-0002, 301-796-6556.

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 19, 2012 (77 FR 16036), FDA 
announced the availability of a final guidance entitled ``Guidance for 
Industry, Third Parties and Food and Drug Administration Staff: Medical 
Device ISO 13485:2003 Voluntary Audit Report Submission Pilot Program'' 
(Ref. 1). This guidance document was effective on June 5, 2012, and as 
stated in the guidance was an interim measure while developing a single 
audit program, to implement section 228 of the Food and Drug 
Administration Amendments Act of 2007 (Pub. L. 110-85), which amended 
section 704(g)(7) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 374(g)(7)). The pilot allowed the owner or operator of the 
medical device

[[Page 78742]]

establishment to be removed from FDA's routine inspection work plan for 
1 year from the last day of the ISO 13485:2003 audit. The voluntary 
submitted ISO 13485:2003 audit report provides FDA some information on 
the conformance of the manufacturer with basic and fundamental quality 
management system requirements for medical devices.
    In 2012, FDA started working on the MDSAP with other global 
regulators within the International Medical Device Regulators Forum 
(IMDRF) for purposes of leveraging work performed for other medical 
device regulators to meet its inspection obligations. On November 15, 
2013 (78 FR 68853), FDA announced its participation within the MDSAP 
consortium's pilot program, which is effective January 1, 2014, through 
December 31, 2016.
    After review of the MDSAP Mid-Pilot Report, which published in 
August 2015 (Ref. 2), FDA announced that it will participate with the 
other MDSAP Consortium regulators from Australia, Brazil, Canada, and 
Japan in the implementation of the operational phase of the program 
starting January 1, 2017. The MDSAP program provides FDA better 
assurances than the ISO 13485:2003 Voluntary Audit Report Submission 
Pilot because FDA's requirements under 21 CFR 820 or other FDA 
regulations typically covered during FDA inspections are encompassed 
within the MDSAP audit model.
    On January 1, 2017, MDSAP will become fully operational to include 
opening applications for additional auditing organizations beyond the 
limited eligible auditing organizations within the pilot phase. Each 
regulator within the consortium has committed to continuing to utilize 
the MDSAP audits during the pilot as well as during the operational 
phase as described in the MDSAP public announcements posted on FDA's 
Web page (Ref. 3).
    Also, Health Canada in a recent announcement laid out the timeframe 
for which they will terminate their Canadian Medical Device Conformity 
Assessment System (CMDCAS) program and utilize MDSAP as the means by 
which manufacturers will obtain a medical device license for 
distribution of medical devices in Canada (Ref. 4). As a result of the 
implementation of the MDSAP program, FDA will no longer accept ISO 
13485:2003 Voluntary Audit Report Submissions after March 31, 2016, to 
assist transitioning manufacturers over to MDSAP.

II. References

    The following references are on display in the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852 and are available for viewing by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday; 
they are also available electronically at http://www.regulations.gov. 
FDA has verified the Web site addresses, as of the date this document 
publishes in the Federal Register, but Web sites are subject to change 
over time.

    1. FDA Guidance, Guidance for Industry, Third Parties and Food 
and Drug Administration Staff: Medical Device ISO 13485:2003 
Voluntary Audit Report Pilot Program, available at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM212798.pdf.
    2. Medical Device Single Audit Program (MDSAP) Mid-Pilot Status 
Report, January 2014-December 2016, available http://www.fda.gov/downloads/MedicalDevices/InternationalPrograms/MDSAPPilot/UCM461661.pdf.
    3. Medical Device Single Audit Program (MDSAP) Pilot, available 
at http://www.fda.gov/MedicalDevices/InternationalPrograms/MDSAPPilot/.
    4. Health Canada's transition strategy from CMDCAS to MDSAP, 
available at http://www.hc-sc.gc.ca/dhp-mps/md-im/activit/int/index-eng.php.

    Dated: December 8, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-31692 Filed 12-16-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                     Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices                                                  78741

                                                    drug products with an approved new                                  constitutes new safety information, the                each year and that each rebuttal
                                                    drug application (NDA) under section                                procedures involved in requiring safety                statement will take approximately 6
                                                    505(b) of the FD&C Act, biological                                  labeling changes, and enforcement of                   hours to prepare.
                                                    products with an approved biologics                                 the requirements for safety labeling                      In addition, in the guidance, FDA
                                                    license application under section 351 of                            changes.                                               states that new labeling prepared in
                                                    the PHS Act, or prescription drug                                     FDA requires safety labeling changes                 response to a safety labeling change
                                                    products with an approved abbreviated                               by sending a notification letter to the                notification should be available on the
                                                    new drug application under section                                  application holder. Under section                      application holder’s Web site within 10
                                                    505(j) of the FD&C Act if the reference                             505(o)(4)(B), the application holder                   calendar days of approval. FDA
                                                                                                                        must respond to FDA’s notification by                  estimates that approximately 407
                                                    listed drug with an approved NDA is
                                                                                                                        submitting a labeling supplement or                    application holders will post new
                                                    not currently marketed. Section
                                                                                                                        notifying FDA that the applicant does                  labeling one time each year in response
                                                    505(o)(4) imposes timeframes for                                    not believe the labeling change is
                                                    application holders to submit and FDA                                                                                      to a safety labeling change notification
                                                                                                                        warranted and submitting a statement                   and that the posting of the labeling will
                                                    staff to review such changes, and gives                             detailing the reasons why the
                                                    FDA new enforcement tools to bring                                                                                         take approximately 4 hours to prepare.
                                                                                                                        application holder does not believe a
                                                    about timely and appropriate labeling                               change is warranted (a rebuttal                           In the Federal Register of September
                                                    changes. The guidance provides                                      statement).                                            2, 2015 (80 FR 53161), FDA published
                                                    information on the implementation of                                  Based on FDA’s experience to date                    a 60-day notice requesting public
                                                    the new provisions, including a                                     with safety labeling changes                           comment on the proposed collection of
                                                    description of the types of safety                                  requirements under section 505(o)(4),                  information. No comments were
                                                    labeling changes that ordinarily might                              we estimate that approximately 42                      received.
                                                    be required under the new legislation,                              application holders will elect to submit                  FDA estimates the burden of this
                                                    how FDA plans to determine what                                     approximately one rebuttal statement                   collection of information as follows:

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                            Number of                              Average
                                                                                                                                          Number of                           Total annual
                                                                                                                                                          responses per                          burden per   Total hours
                                                                                                                                         respondents                           responses
                                                                                                                                                            respondent                            response

                                                    Rebuttal statement ...............................................................       42                   1               42                 6           252
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                                            Number of                             Average
                                                                                                                                          Number of         disclosures       Total annual
                                                                               Type of submission                                                                                                burden per   Total hours
                                                                                                                                         respondents            per           disclosures        disclosure
                                                                                                                                                            respondent

                                                    Posting approved labeling on application holder’s Web site                               407                  1               407                4          1,628
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collect of information.


                                                      Dated: December 10, 2015.                                         SUMMARY:    The Food and Drug                          Administration, 10903 New Hampshire
                                                    Leslie Kux,                                                         Administration (FDA) is announcing the                 Ave., Bldg. 66, Rm. 3615, Silver Spring,
                                                    Associate Commissioner for Policy.                                  termination of the Medical Device ISO                  MD 20993–0002, 301–796–6556.
                                                    [FR Doc. 2015–31696 Filed 12–16–15; 8:45 am]                        Voluntary Audit Report Pilot Program.                  SUPPLEMENTARY INFORMATION:
                                                    BILLING CODE 4164–01–P
                                                                                                                        This program allowed the submission of
                                                                                                                        ISO audit reports performed by third                   I. Background
                                                                                                                        parties, along with audit reports from                    In the Federal Register of March 19,
                                                    DEPARTMENT OF HEALTH AND                                            the preceding 2 years, to determine if                 2012 (77 FR 16036), FDA announced the
                                                    HUMAN SERVICES                                                      the owner or operator of the medical                   availability of a final guidance entitled
                                                                                                                        device establishment could be removed                  ‘‘Guidance for Industry, Third Parties
                                                    Food and Drug Administration                                        from FDA’s routine inspection work                     and Food and Drug Administration
                                                                                                                        plan for 1 year. FDA is also announcing                Staff: Medical Device ISO 13485:2003
                                                    [Docket No. FDA–2010–D–0226]                                        its participation in the operational                   Voluntary Audit Report Submission
                                                                                                                        phase of the Medical Device Single                     Pilot Program’’ (Ref. 1). This guidance
                                                    Medical Device ISO 13485:2003                                       Audit Program (MDSAP), which will                      document was effective on June 5, 2012,
                                                    Voluntary Audit Report Pilot Program;                               allow third parties recognized by the                  and as stated in the guidance was an
                                                                                                                                                                               interim measure while developing a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Termination of Pilot Program;                                       MDSAP consortium to submit audit
                                                    Announcement of the Medical Device                                  reports that FDA will utilize for routine              single audit program, to implement
                                                    Single Audit Program Operational                                    inspections.                                           section 228 of the Food and Drug
                                                    Phase                                                                                                                      Administration Amendments Act of
                                                                                                                        DATES:      This notice is effective March 31,         2007 (Pub. L. 110–85), which amended
                                                    AGENCY:      Food and Drug Administration,                          2016.                                                  section 704(g)(7) of the Federal Food,
                                                    HHS.                                                                FOR FURTHER INFORMATION CONTACT:                       Drug, and Cosmetic Act (21 U.S.C.
                                                                                                                        Robert Ruff, Center for Devices and                    374(g)(7)). The pilot allowed the owner
                                                    ACTION:     Notice.
                                                                                                                        Radiological Health, Food and Drug                     or operator of the medical device


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                                                    78742                     Federal Register / Vol. 80, No. 242 / Thursday, December 17, 2015 / Notices

                                                    establishment to be removed from                        II. References                                        Analytical Sciences for Biotechnology
                                                    FDA’s routine inspection work plan for                     The following references are on                    Health Products—WCBP 2016.’’ The
                                                    1 year from the last day of the ISO                     display in the Division of Dockets                    purpose of the meeting is to discuss
                                                    13485:2003 audit. The voluntary                         Management (HFA–305), Food and Drug                   development of biotechnology-derived
                                                    submitted ISO 13485:2003 audit report                   Administration, 5630 Fishers Lane, Rm.                drug products and analytic
                                                    provides FDA some information on the                    1061, Rockville, MD 20852 and are                     methodologies for the development of
                                                    conformance of the manufacturer with                    available for viewing by interested                   biotechnology-derived drug products.
                                                    basic and fundamental quality                           persons between 9 a.m. and 4 p.m.,                    DATES: The meeting will be held January
                                                    management system requirements for                      Monday through Friday; they are also                  26, 2016, from 8 a.m., until January 28,
                                                    medical devices.                                        available electronically at http://                   2016, at 5 p.m.
                                                       In 2012, FDA started working on the                  www.regulations.gov. FDA has verified                 ADDRESSES: The meeting will be held at
                                                    MDSAP with other global regulators                      the Web site addresses, as of the date                The Mayflower Hotel, 1127 Connecticut
                                                    within the International Medical Device                 this document publishes in the Federal                Ave. NW., Washington, DC
                                                    Regulators Forum (IMDRF) for purposes                   Register, but Web sites are subject to                FOR FURTHER INFORMATION CONTACT:
                                                    of leveraging work performed for other                  change over time.                                     Linda Mansouria, CASSS, 5900 Hollis
                                                    medical device regulators to meet its                     1. FDA Guidance, Guidance for Industry,             St., Suite R3, Emeryville, CA 94608,
                                                    inspection obligations. On November                     Third Parties and Food and Drug                       510–428–0740, FAX: 510–428–0741,
                                                    15, 2013 (78 FR 68853), FDA announced                   Administration Staff: Medical Device ISO              lmansouria@casss.org.
                                                    its participation within the MDSAP                      13485:2003 Voluntary Audit Report Pilot               SUPPLEMENTARY INFORMATION:
                                                                                                            Program, available at http://www.fda.gov/
                                                    consortium’s pilot program, which is                    downloads/MedicalDevices/                             I. Background
                                                    effective January 1, 2014, through                      DeviceRegulationandGuidance/
                                                    December 31, 2016.                                                                                               CASSS is a scientific society
                                                                                                            GuidanceDocuments/UCM212798.pdf.
                                                                                                              2. Medical Device Single Audit Program              providing forums for the dissemination
                                                       After review of the MDSAP Mid-Pilot                                                                        of information and discussions among
                                                                                                            (MDSAP) Mid-Pilot Status Report, January
                                                    Report, which published in August 2015                                                                        industry, academic and regulatory
                                                                                                            2014–December 2016, available http://
                                                    (Ref. 2), FDA announced that it will                    www.fda.gov/downloads/MedicalDevices/                 professionals founded on the
                                                    participate with the other MDSAP                        InternationalPrograms/MDSAPPilot/                     development and applications of
                                                    Consortium regulators from Australia,                   UCM461661.pdf.                                        separation science. This cosponsored
                                                    Brazil, Canada, and Japan in the                          3. Medical Device Single Audit Program              meeting provides state-of-the-art
                                                    implementation of the operational phase                 (MDSAP) Pilot, available at http://
                                                                                                                                                                  presentations on the technologies used
                                                    of the program starting January 1, 2017.                www.fda.gov/MedicalDevices/
                                                                                                            InternationalPrograms/MDSAPPilot/.                    to produce and assess product quality of
                                                    The MDSAP program provides FDA                            4. Health Canada’s transition strategy from         biotechnology-derived drug products.
                                                    better assurances than the ISO                          CMDCAS to MDSAP, available at http://
                                                    13485:2003 Voluntary Audit Report                                                                             II. Registration and Accommodations
                                                                                                            www.hc-sc.gc.ca/dhp-mps/md-im/activit/int/
                                                    Submission Pilot because FDA’s                          index-eng.php.                                        A. Registration
                                                    requirements under 21 CFR 820 or other                    Dated: December 8, 2015.                               There is a registration fee to attend
                                                    FDA regulations typically covered                                                                             this meeting. The registration fee is
                                                                                                            Leslie Kux,
                                                    during FDA inspections are                                                                                    charged to help defray the costs of
                                                                                                            Associate Commissioner for Policy.
                                                    encompassed within the MDSAP audit                                                                            programming and facilities. Seats are
                                                                                                            [FR Doc. 2015–31692 Filed 12–16–15; 8:45 am]
                                                    model.                                                                                                        limited, and registration will be on a
                                                                                                            BILLING CODE 4164–01–P
                                                       On January 1, 2017, MDSAP will                                                                             first-come, first-served basis.
                                                    become fully operational to include                                                                              To register, please complete
                                                    opening applications for additional                     DEPARTMENT OF HEALTH AND                              registration online at http://
                                                    auditing organizations beyond the                       HUMAN SERVICES                                        www.casss.org/?WCBP1600. (FDA has
                                                    limited eligible auditing organizations                                                                       verified the Web address, but FDA is not
                                                    within the pilot phase. Each regulator                  Food and Drug Administration                          responsible for subsequent changes to
                                                    within the consortium has committed to                                                                        the Web site after this document
                                                                                                            [Docket No.FDA–2015–N–0001]
                                                    continuing to utilize the MDSAP audits                                                                        publishes in the Federal Register.) The
                                                    during the pilot as well as during the                  The Twentieth Food and Drug                           costs of registration for the different
                                                    operational phase as described in the                   Administration International                          categories of attendees are as follows:
                                                    MDSAP public announcements posted                       Separation Science Society
                                                    on FDA’s Web page (Ref. 3).                             Symposium on the Interface of                             Category                      Cost
                                                       Also, Health Canada in a recent                      Regulatory and Analytical Sciences for                Industry Rep-          $1995 (early bird);
                                                    announcement laid out the timeframe                     Biotechnology Health Products—                          resentatives.        $2395 (onsite).
                                                    for which they will terminate their                     WCBP 2016                                             Academic ...........   $795 (early bird);
                                                    Canadian Medical Device Conformity                                                                                                   $895 (onsite).
                                                                                                            AGENCY:    Food and Drug Administration,              Government .......     $795 (early bird);
                                                    Assessment System (CMDCAS) program                      HHS.
                                                    and utilize MDSAP as the means by                                                                                                    $895 (onsite).
                                                                                                            ACTION:   Notice of meeting.
                                                    which manufacturers will obtain a
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    medical device license for distribution                 SUMMARY:   The Food and Drug                          B. Accommodations
                                                    of medical devices in Canada (Ref. 4).                  Administration’s (FDA) Center for Drug                   Attendees are responsible for their
                                                    As a result of the implementation of the                Evaluation and Research, in                           own hotel accommodations. Attendees
                                                    MDSAP program, FDA will no longer                       cosponsorship with the International                  making reservations at the Mayflower
                                                    accept ISO 13485:2003 Voluntary Audit                   Separation Science Society (CASSS), is                Hotel in Washington DC are eligible for
                                                    Report Submissions after March 31,                      announcing a meeting entitled ‘‘The                   a reduced rate of $295 USD, not
                                                    2016, to assist transitioning                           Twentieth FDA CASSS Symposium on                      including applicable taxes. To receive
                                                    manufacturers over to MDSAP.                            the Interface of Regulatory and                       the reduced rate, contact the Mayflower


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Document Created: 2018-03-02 09:18:59
Document Modified: 2018-03-02 09:18:59
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.
DatesThis notice is effective March 31, 2016.
ContactRobert Ruff, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 3615, Silver Spring, MD 20993-0002, 301-796-6556.
FR Citation80 FR 78741 

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