80_FR_81584 80 FR 81335 - Medical Device User Fee and Modernization Act; Notice to Public of Web Site Location of Fiscal Year 2016 Proposed Guidance Development

80 FR 81335 - Medical Device User Fee and Modernization Act; Notice to Public of Web Site Location of Fiscal Year 2016 Proposed Guidance Development

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range81335-81339
FR Document2015-32726

The Food and Drug Administration (FDA or the Agency) is announcing the Web site location where the Agency will post two lists of guidance documents that the Center for Devices and Radiological Health (CDRH or the Center) intends to publish in Fiscal Year (FY) 2016. In addition, FDA has established a docket, where interested persons may comment on the priority of topics for guidance, provide comments and/or propose draft language for those topics, suggest topics for new or different guidance documents, comment on the applicability of guidance documents that have issued previously, and provide early input to support guidances that will be developed.

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Pages 81335-81339]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32726]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-1021]


Medical Device User Fee and Modernization Act; Notice to Public 
of Web Site Location of Fiscal Year 2016 Proposed Guidance Development

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is 
announcing the Web site location where the Agency will post two lists 
of guidance documents that the Center for Devices and Radiological 
Health (CDRH or the Center) intends to publish in Fiscal Year (FY) 
2016. In addition, FDA has established a docket, where interested 
persons may comment on the priority of topics for guidance, provide 
comments and/or propose draft language for those topics, suggest topics 
for new or different guidance documents, comment on the applicability 
of guidance documents that have issued previously, and provide early 
input to support guidances that will be developed.

DATES: Although you can comment on any guidance at any time, submit 
either electronic or written comments by February 29, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-N-1021 for ``Medical Device User Fee and Modernization Act; 
Notice to Public of Web site Location of Fiscal Year 2016 Proposed 
Guidance Development.'' Received comments will be placed in the docket 
and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The

[[Page 81336]]

Agency will review this copy, including the claimed confidential 
information, in its consideration of comments. The second copy, which 
will have the claimed confidential information redacted/blacked out, 
will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets 
Management. If you do not wish your name and contact information to be 
made publicly available, you can provide this information on the cover 
sheet and not in the body of your comments and you must identify this 
information as ``confidential.'' Any information marked as 
``confidential'' will not be disclosed except in accordance with 21 CFR 
10.20 and other applicable disclosure law. For more information about 
FDA's posting of comments to public dockets, see 80 FR 56469, September 
18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Erica Takai, Center for Devices and 
Radiological Health, Food and Drug Administration,10903 New Hampshire 
Ave., Bldg. 66, rm. 5456, Silver Spring, MD 20993-0002, 301-796-6353.

SUPPLEMENTARY INFORMATION:

I. Background

    During negotiations on the Medical Device User Fee Amendments of 
2012 (MDUFA III), Title II, Food and Drug Administration Safety and 
Innovation Act (Pub. L. 112-114), FDA agreed to meet a variety of 
quantitative and qualitative goals intended to help get safe and 
effective medical devices to market more quickly. Among these 
commitments included:
     Annually posting a list of priority medical device 
guidance documents that the Agency intends to publish within 12 months 
of the date this list is published each fiscal year (the ``A-list'') 
and
     annually posting a list of device guidance documents that 
the Agency intends to publish, as the Agency's guidance-development 
resources permit each fiscal year (the ``B-list'').
    FDA invites interested persons to submit comments on any or all of 
the guidance documents on the lists as explained in 21 CFR 
10.115(f)(5). FDA has established the docket number (FDA-2012-N-1021) 
where comments on the FY 2016 lists, draft language for guidance 
documents on those topics, suggestions for new or different guidances, 
and relative priority of guidance documents may be submitted and shared 
with the public (see ADDRESSES). FDA believes this docket is an 
important tool for receiving information from interested persons and 
will update these lists annually on FDA's Web site at the beginning of 
each fiscal year from 2013 to 2017. FDA anticipates that feedback from 
interested persons, will allow CDRH to better prioritize and more 
efficiently draft guidances.
    In addition to posting the lists of prioritized device guidance 
documents, FDA has committed to updating its Web site in a timely 
manner to reflect the Agency's review of previously published guidance 
documents; including, the deletion of guidance documents that no longer 
represent the Agency's interpretation of or policy on a regulatory 
issue and notation of guidance documents that are under review by the 
Agency.
    Fulfillment of these commitments will be reflected through the 
issuance of updated guidance on existing topics, removal of guidances 
that that no longer reflect FDA's current thinking on a particular 
topic, and annual updates to the A-list and B-list announced in this 
notice.

II. CDRH Guidance Development Initiative

    On June 5, 2014, CDRH held a public workshop to provide 
stakeholders (e.g., industry, academia, public health advocacy groups, 
and other interested persons) an opportunity to actively engage with 
Center representatives about the guidance development process, provide 
transparency into guidance priority development, promote dialogue on 
guidance process improvements, and generate ideas for assessing the 
impact of guidance (Ref. 1). The workshop also provided a forum to 
discuss best practices and public participation in guidance 
development. CDRH carefully considered the comments and suggestions 
provided by stakeholders.
    At the 2014 workshop, stakeholders requested that draft guidance 
documents be more clearly identified as ``draft'' to indicate to CDRH 
stakeholders and staff that they are not for implementation. CDRH 
revised its templates for new draft guidance documents by adding the 
watermark ``DRAFT'' to all pages in order to more conspicuously mark 
the guidance as not for implementation. CDRH implemented the use of the 
new templates effective August 6, 2014, and continues to use these 
templates.
    Stakeholders also recommended that CDRH's guidance documents Web 
page (http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm) list draft guidances separately from 
those that had been finalized. CDRH revised its guidance document Web 
page to include a left navigation item for ``Draft Guidance.'' In 
addition, CDRH removed draft guidance documents from the office 
guidance document lists and separated the link to ``Recent Medical 
Device Guidance Documents'' into two separate links: ``Recent Medical 
Device Final Guidance Documents'' and ``Recent Medical Device Draft 
Guidance Documents.''
    CDRH is aware of draft guidance documents yet to be finalized. 
Therefore, in order to assure the timely completion or re-issuance of 
draft guidances in FY 2015, CDRH committed to performance goals for 
current and future draft guidance documents. For draft guidance 
documents issued after October 1, 2014, CDRH committed to finalize, 
withdraw, reopen the comment period or issue another draft guidance on 
the topic for 80 percent of the documents within 2 years of the close 
of the comment period and for the remaining 20 percent, within 5 years. 
In FY 2015, CDRH has withdrawn 14 of 20 draft guidances issued prior to 
October 1, 2009, and has been continuing to work towards finalizing the 
remaining draft guidances. Furthermore, in FY 2016, CDRH will finalize, 
withdraw, or reopen the comment period for 50 percent of existing draft 
guidances issued prior to October 1, 2010, CDRH expects to renew or 
modify, as appropriate, these performance goals in FY 2017 and 
subsequent years.

A. Earlier Stakeholder Involvement in Guidance Development

    At the 2014 workshop, stakeholders also expressed a desire to be 
involved earlier in the guidance development process. CDRH 
representatives discussed various ways in which the Center currently 
encourages participation by external stakeholders in the guidance 
development process. In the case of emerging technologies, CDRH uses 
``leapfrog'' guidances to provide initial recommendations regarding the 
type of information that would be appropriate in the review of these 
emerging technologies. Input from external stakeholders help CDRH

[[Page 81337]]

formulate its initial thinking on the data necessary to support 
marketing approval, clearance, or oversight of these devices. In FY 
2015, CDRH issued two leapfrog draft guidances, ``Premarket Studies of 
Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices'' (Ref. 
2) and Radiation Biodosimetry Devices (Ref. 3). For the Premarket 
Studies of Implantable MIGS Device guidance document, early stakeholder 
input was obtained through discussions with glaucoma specialists 
identified by the American Glaucoma Society through the Network of 
Experts (http://www.fda.gov/AboutFDA/CentersOffices/OfficeofMedicalProductsandTobacco/CDRH/ucm289534.htm), as well as 
through a workshop cosponsored with the American Glaucoma Society on 
February 26, 2014 (Ref. 4). In addition, early stakeholder feedback was 
obtained at a public workshop for the Radiation Biodosimetry Devices 
guidance document (Ref. 5).
    Additionally, in FY 2015, in anticipation of guidance documents 
expected to be developed, CDRH sought stakeholder input regarding 
Patient Matched Instrumentation for Orthopedics, Medical Devices 
Intended for Aesthetic Use, and Dual 510(k) and Clinical Laboratory 
Improvement Amendments Act (CLIA) Waiver by Application. The feedback 
received has been considered in the development of these guidances and 
CDRH has included the Dual 510(k) and CLIA Waiver by Application 
guidance and Patient Matched Instrumentation for Orthopedics on the 
FY2016 B-List.
    CDRH is posing the following questions to interested persons for 
consideration and comment, so that relevant future draft guidances on 
these technologies can be as complete and useful as possible. We will 
carefully consider the comments received in the development of new 
guidance documents and incorporate the information where appropriate. 
CDRH believes that public input during guidance development and after a 
draft guidance is issued on the topic will lead to a comprehensive and 
informed final guidance on the Agency's policy for the technologies and 
processes in the following list:
1. Electromagnetic Compatibility (EMC) of Electrically-Powered Medical 
Devices
    EMC assessment is a vital part of ensuring that risks associated 
with performance degradation of electrically-powered medical devices 
associated with electromagnetic interference are adequately addressed. 
CDRH recently published a short draft guidance entitled ``Information 
to Support a Claim of Electromagnetic Compatibility (EMC) of 
Electrically-Powered Medical Devices'' (Ref. 6) to provide a framework 
for promoting consistent submission and review of EMC information in 
premarket submissions. In addition, CDRH plans to also draft a more 
detailed guidance on this topic guidance to provide more comprehensive 
information and transparency to stakeholders regarding the information 
necessary to support an EMC claim. FDA invites comments on the 
following questions:
    a. There has been increasing use of electromagnetic emitters (e.g., 
radio-frequency identification, electronic article surveillance gates, 
metal detectors) in the environments where medical devices operate. 
What methods are used to determine EMC of devices exposed to these 
common emitters?
    b. Given that basic safety, as defined in the IEC 60601-1 family of 
standards, does not include effectiveness, how is device performance 
evaluated differently than device safety for EMC? Specifically, are 
pass/fail criteria chosen such that they will address both performance 
and safety for each EMC test? Alternatively, are safety and performance 
tested separately?
    c. When networks (wired or wireless) are determined to be necessary 
for device performance, how are they included as a system when tested 
for EMC?
    d. The use of ``third party'' components can significantly affect 
the EMC of the medical device system. How are device systems evaluated 
for EMC when off-the-shelf components such as smartphones, tablets, or 
PCs are intended to be used in the device system?
    e. Medical devices, like most electronic products, go through 
various design changes that can affect the EMC of the device system. 
The changes or modifications can occur after initial EMC testing. What 
factors and methods are used to determine how device changes or 
modifications (e.g., software, firmware, hardware) will affect EMC and 
how is it determined when partial or complete EMC re-testing of a 
device is needed?
    f. The use of magnetic resonance (MR) imaging technology on medical 
device users and patients is increasing. MR imaging incorporates very 
strong magnetic and electric fields that can have very significant 
effects on the safety and effectiveness of medical devices, especially 
electrically active devices. How is MR safety and compatibility 
addressed for electrically active medical devices intended for use in 
the MR environment? How is MR safety addressed (e.g. labeling or other) 
for electrically active medical devices not intended for use in the MR 
environment?
    g. Several medical device EMC consensus standards specify the 
information to be conveyed to the user regarding device EMC. Is this 
information sufficient? If not, what additional type of information is 
typically provided to help the user manage the risks associated with 
medical device EMC and how is this information conveyed?
2. Utilizing Animal Studies To Evaluate the Safety of Organ 
Preservation Devices and Solutions
    While the national transplant waiting list continues to grow, rates 
of donation and transplant remain stagnant. On average, 22 people die 
each day waiting for a transplant. The dire deficit in organ 
transplants has propelled a new wave of innovation in perfusion-based 
organ preservation technologies. With such innovation also comes the 
challenge of demonstrating that these new technologies, when evaluated 
in animal models, are sufficiently safe for early clinical experience.
    After animal organs undergo preservation using a new organ 
transport device or solution, there are generally two models to assess 
post-reperfusion injury: (1) An in vivo model in which the organ is 
transplanted into a surrogate recipient animal and (2) an ex vivo model 
in which the organ is reperfused under simulated transplant conditions. 
FDA intends to develop guidance to provide recommendations for 
utilizing both in vivo and ex vivo models to evaluate emerging organ 
preservation technologies. Prior to drafting our recommendations in a 
future guidance document, FDA invites comments on the following 
questions:
    a. What are the potential limitations of an ex vivo model in 
assessing reperfusion injury, and how can these limitations be 
mitigated? In addition to markers for cell injury and function, 
histology, and the use of allogeneic blood during reperfusion, what 
measures can be taken to improve the data generated in an ex vivo 
model?
    b. In an in vivo model, what are strategies to limit confounding 
factors, such as immunological responses and hemodynamic instability, 
from affecting the assessment of device-related reperfusion injury?
    c. Is there a perceived hierarchy of evidence regarding data 
obtained from an ex vivo model and those obtained from an in vivo 
model? Or rather, is it

[[Page 81338]]

more judicious to view the two models as complements of each other?
    d. What role does the risk of the device play in the utilization of 
in vivo and ex vivo models? Regarding specific experimental parameters 
(e.g., length of preservation, total ischemic time), under what 
circumstances is it appropriate to test the worst-case scenario?
    e. What are the organ-specific challenges in developing in vivo and 
ex vivo models to assess reperfusion injury?
    f. What approaches would improve the in vivo and ex vivo study 
designs to ensure the generation of sufficient, meaningful data while 
limiting the number of animals used in such studies?

B. Stakeholder Feedback To Enhance the CDRH Guidance Program

    In addition, to enhance the CDRH guidance program, CDRH invites 
interested persons to comment on the following questions:
    a. The cover page of each guidance document includes contact 
information for questions regarding the guidance, and a list of CDRH 
Offices that have generally contributed to the drafting of the 
guidance. Is the list of CDRH Offices involved in the drafting of the 
guidance informative? What other administrative information should be 
included on the cover page?
    b. CDRH is committed to the continual improvement of the quality of 
guidance documents and we are seeking to identify examples of quality 
guidance documents. Are there specific guidance documents published in 
the past 5 years that were particularly informative and helpful that 
could serve as models for future guidance documents? Please provide the 
title of the guidance documents and briefly describe what specific 
aspects were informative and helpful?
    c. Has the enhanced Guidance Document Search feature on the FDA Web 
site (http://www.fda.gov/RegulatoryInformation/Guidances/default.htm) 
improved searchability of guidances? Are there any suggestions for how 
the search feature could be improved?

C. Applicability of Previously-Issued Final Guidance

    CDRH has issued over 1,000 guidance documents to provide 
stakeholders with the Agency's thinking on numerous topics. Each 
guidance reflected the Agency's current position at the time that it 
was issued. However, the guidance program has issued these guidances 
over a period greater than 20 years, raising the question of how 
current do previously issued final guidances remain? CDRH has resolved 
to address this concern through a staged review of previously issued 
final guidances in collaboration with stakeholders.
    At the Web site where CDRH has posted the ``A-list'' and ``B-list'' 
for FY 2016, CDRH has also posted a list of final guidance documents 
that issued in 2006, 1996, 1986, and 1976.\1\
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    \1\ The retrospective list of final guidances does not include: 
(1) Documents that are not guidances but were inadvertently 
categorized as guidance such as scientific publications, advisory 
opinions, and interagency agreements; (2) guidances actively being 
revised by CDRH; and (3) special controls documents.
---------------------------------------------------------------------------

    The Center is interested in external feedback on whether any of 
these final guidances should be revised or withdrawn. In addition, for 
guidances that are recommended for revision, information explaining the 
need for revision, such as, the impact and risk to public health 
associated with not revising the guidance, would also be helpful as the 
Center considers potential action with respect to these guidances. CDRH 
intends to provide these lists of previously-issued final guidances 
annually through FY 2025 so that by 2025, FDA and stakeholders will 
have assessed the applicability of all guidances older than 10 years. 
For instance, in the annual notice for FY 2017, CDRH expects to provide 
a list of the final guidance documents that issued in 2007, 1997, 1987, 
and 1977; the annual notice for FY 2018 is expected to provide a list 
of the final guidance documents that issued in 2008, 1998, 1988, and 
1978, and so on. CDRH will consider the comments received from this 
retrospective review when determining priorities for updating guidance 
documents, and will revise these as resources permit. During FY 2015, 
CDRH received comments regarding guidances issued in 2005, 1995, and 
1985, and is considering further actions on specific guidances in 
response to comments received.
    Under the Good Guidance Practices regulation at Sec.  10.115(f)(4), 
the public may, at any time, suggest that CDRH revise or withdraw an 
already existing guidance document. The suggestion should clearly 
explain why the guidance document should be revised or withdrawn and, 
if applicable, how it should be revised. Interested persons are 
requested to examine the list of previously issued final guidances 
provided by CDRH on the annual agenda Web site but feedback on any 
guidance is appreciated.

III. Web Site Location of Guidance Lists

    This notice announces the Web site location of the document that 
provides the A and B lists of guidance documents, which CDRH is 
intending to publish during FY 2016. To access these two lists, visit 
FDA's Web site at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/ucm467223.htm. We note 
that the topics on this and past guidance priority lists may be removed 
or modified based on current priorities. The Agency is not required to 
publish every guidance on either list if the resources needed would be 
to the detriment of meeting quantitative review timelines and statutory 
obligations. In addition, the Agency is not precluded from issuing 
guidance documents that are not on either list.
    FDA and CDRH priorities are subject to change at any time. Topics 
on this and past guidance priority lists may be removed or modified 
based on current priorities. CDRH's experience in guidance development 
has shown that there are many reasons that CDRH staff may not complete 
the entire agenda of guidances it undertakes. Staff is frequently 
diverted from guidance development to other priority activities. In 
addition, at any time new issues may arise to be addressed in guidance 
that could not have been anticipated at the time the annual list is 
generated. These may involve newly identified public health issues.

IV. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) 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. Center for Devices and Radiological Health Guidance Development 
and Prioritization; Public Workshop; Requests for Comments, 
available at http://www.fda.gov/medicaldevices/newsevents/workshopsconferences/ucm394821.htm.
2. Premarket Studies of Implantable Minimally Invasive Glaucoma 
Surgical (MIGS) Devices Draft Guidance, available at http://www.fda.gov/ucm/groups/fdagov-public/@fdagov-meddev-gen/documents/document/ucm433165.pdf.
3. Radiation Biodosimetry Devices; Draft Guidance for Industry and 
Food and Drug Administration Staff, available at http://www.fda.gov/
downloads/MedicalDevices/

[[Page 81339]]

DeviceRegulationandGuidance/GuidanceDocuments/UCM427866.pdf.
4. American Glaucoma Society/Food and Drug Administration Workshop 
on Supporting Innovation for Safe and Effective Minimally Invasive 
Glaucoma Surgery; Public Workshop, available at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ucm382508.htm.
5. Regulatory Science Considerations for Medical Countermeasure 
Radiation Biodosimetry Devices, available at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ucm308079.htm.
6. Information to Support a Claim of Electromagnetic Compatibility 
(EMC) of Electrically-Powered Medical Devices, available at http://www.fda.gov/ucm/groups/fdagov-public/@fdagov-meddev-gen/documents/document/ucm470201.pdf.

    Dated: December 7, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-32726 Filed 12-28-15; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                       Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices                                                                                           81335

                                                                                                TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued
                                                                                                                                                                                                                                Average
                                                                                                                                  No. of                    No. of records per                   Total annual                  burden per
                                                                        21 CFR Section                                                                                                                                                                Total hours
                                                                                                                              recordkeepers                   recordkeeper                         records                       record-
                                                                                                                                                                                                                                keeping

                                                    Reprocessing       Procedures        212.20(c);                                                129                                 1                             129      1 ..................                  129
                                                      212.71(d).
                                                    Reprocessing       Procedures        212.20(c);                                                129                                 1                             129      1 ..................                  129
                                                      212.90(a).
                                                    Distribution Records 212.90(b) ......................                                          129                              501                         64,640        0.25 (15                          16,160
                                                                                                                                                                                                                                mins.)
                                                    Complaints 212.20(c); 212.100(a) ..................                                            129                                 1                             129      1 ..................                  129
                                                    Complaints 212.100(b), 212.100(c) ................                                             129                                 1                             129      0.5 (30                                65
                                                                                                                                                                                                                                mins.)

                                                         Total ........................................................    ..............................   ..............................   ..............................   .....................            115,435
                                                       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
                                                                                                                             No. of                  Annual frequency                 Total annual dis-                Hours per disclo-
                                                                    21 CFR section                                                                                                                                                                    Total hours
                                                                                                                          respondents                  of disclosure                      closures                           sure

                                                    Sterility Test Failure Notices 212.70(e)                                  129                             0.25                               32                                1                      32
                                                       1 There   are no capital costs or operating and maintenance costs associated with this information collection.


                                                      Dated: December 22, 2015.                                              DATES: Although you can comment on                                           Written/Paper Submissions
                                                    Leslie Kux,                                                              any guidance at any time, submit either                                         Submit written/paper submissions as
                                                    Associate Commissioner for Policy.                                       electronic or written comments by                                            follows:
                                                    [FR Doc. 2015–32685 Filed 12–28–15; 8:45 am]                             February 29, 2016.                                                              • Mail/Hand delivery/Courier (for
                                                    BILLING CODE 4164–01–P
                                                                                                                             ADDRESSES:            You may submit comments                                written/paper submissions): Division of
                                                                                                                             as follows:                                                                  Dockets Management (HFA–305), Food
                                                                                                                                                                                                          and Drug Administration, 5630 Fishers
                                                    DEPARTMENT OF HEALTH AND                                                 Electronic Submissions                                                       Lane, rm. 1061, Rockville, MD 20852.
                                                    HUMAN SERVICES                                                                                                                                           • For written/paper comments
                                                                                                                               Submit electronic comments in the                                          submitted to the Division of Dockets
                                                    Food and Drug Administration                                             following way:                                                               Management, FDA will post your
                                                    [Docket No. FDA–2012–N–1021]                                               • Federal eRulemaking Portal: http://                                      comment, as well as any attachments,
                                                                                                                             www.regulations.gov. Follow the                                              except for information submitted,
                                                    Medical Device User Fee and                                              instructions for submitting comments.                                        marked and identified, as confidential,
                                                    Modernization Act; Notice to Public of                                   Comments submitted electronically,                                           if submitted as detailed in
                                                    Web Site Location of Fiscal Year 2016                                    including attachments, to http://                                            ‘‘Instructions.’’
                                                    Proposed Guidance Development                                                                                                                            Instructions: All submissions received
                                                                                                                             www.regulations.gov will be posted to
                                                                                                                                                                                                          must include the Docket No. FDA–
                                                                                                                             the docket unchanged. Because your
                                                    AGENCY:      Food and Drug Administration,                                                                                                            2015–N–1021 for ‘‘Medical Device User
                                                    HHS.                                                                     comment will be made public, you are                                         Fee and Modernization Act; Notice to
                                                                                                                             solely responsible for ensuring that your                                    Public of Web site Location of Fiscal
                                                    ACTION:     Notice.
                                                                                                                             comment does not include any                                                 Year 2016 Proposed Guidance
                                                    SUMMARY:   The Food and Drug                                             confidential information that you or a                                       Development.’’ Received comments will
                                                    Administration (FDA or the Agency) is                                    third party may not wish to be posted,                                       be placed in the docket and, except for
                                                    announcing the Web site location where                                   such as medical information, your or                                         those submitted as ‘‘Confidential
                                                    the Agency will post two lists of                                        anyone else’s Social Security number, or                                     Submissions,’’ publicly viewable at
                                                    guidance documents that the Center for                                   confidential business information, such                                      http://www.regulations.gov or at the
                                                    Devices and Radiological Health (CDRH                                    as a manufacturing process. Please note                                      Division of Dockets Management
                                                    or the Center) intends to publish in                                     that if you include your name, contact                                       between 9 a.m. and 4 p.m., Monday
                                                    Fiscal Year (FY) 2016. In addition, FDA                                  information, or other information that                                       through Friday.
                                                    has established a docket, where                                          identifies you in the body of your                                              • Confidential Submissions—To
                                                    interested persons may comment on the                                    comments, that information will be                                           submit a comment with confidential
                                                    priority of topics for guidance, provide                                                                                                              information that you do not wish to be
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                             posted on http://www.regulations.gov.
                                                    comments and/or propose draft                                                                                                                         made publicly available, submit your
                                                                                                                               • If you want to submit a comment
                                                    language for those topics, suggest topics                                                                                                             comments only as a written/paper
                                                                                                                             with confidential information that you
                                                    for new or different guidance                                                                                                                         submission. You should submit two
                                                    documents, comment on the                                                do not wish to be made available to the                                      copies total. One copy will include the
                                                    applicability of guidance documents                                      public, submit the comment as a                                              information you claim to be confidential
                                                    that have issued previously, and                                         written/paper submission and in the                                          with a heading or cover note that states
                                                    provide early input to support                                           manner detailed (see ‘‘Written/Paper                                         ‘‘THIS DOCUMENT CONTAINS
                                                    guidances that will be developed.                                        Submissions’’ and ‘‘Instructions’’).                                         CONFIDENTIAL INFORMATION.’’ The


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                                                    81336                      Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices

                                                    Agency will review this copy, including                 guidance documents on the lists as                    ‘‘DRAFT’’ to all pages in order to more
                                                    the claimed confidential information, in                explained in 21 CFR 10.115(f)(5). FDA                 conspicuously mark the guidance as not
                                                    its consideration of comments. The                      has established the docket number                     for implementation. CDRH implemented
                                                    second copy, which will have the                        (FDA–2012–N–1021) where comments                      the use of the new templates effective
                                                    claimed confidential information                        on the FY 2016 lists, draft language for              August 6, 2014, and continues to use
                                                    redacted/blacked out, will be available                 guidance documents on those topics,                   these templates.
                                                    for public viewing and posted on http://                suggestions for new or different                         Stakeholders also recommended that
                                                    www.regulations.gov. Submit both                        guidances, and relative priority of                   CDRH’s guidance documents Web page
                                                    copies to the Division of Dockets                       guidance documents may be submitted                   (http://www.fda.gov/MedicalDevices/
                                                    Management. If you do not wish your                     and shared with the public (see                       DeviceRegulationandGuidance/
                                                    name and contact information to be                      ADDRESSES). FDA believes this docket is               GuidanceDocuments/default.htm) list
                                                    made publicly available, you can                        an important tool for receiving                       draft guidances separately from those
                                                    provide this information on the cover                   information from interested persons and               that had been finalized. CDRH revised
                                                    sheet and not in the body of your                       will update these lists annually on                   its guidance document Web page to
                                                    comments and you must identify this                     FDA’s Web site at the beginning of each               include a left navigation item for ‘‘Draft
                                                    information as ‘‘confidential.’’ Any                    fiscal year from 2013 to 2017. FDA                    Guidance.’’ In addition, CDRH removed
                                                    information marked as ‘‘confidential’’                  anticipates that feedback from interested             draft guidance documents from the
                                                    will not be disclosed except in                         persons, will allow CDRH to better                    office guidance document lists and
                                                    accordance with 21 CFR 10.20 and other                  prioritize and more efficiently draft                 separated the link to ‘‘Recent Medical
                                                    applicable disclosure law. For more                     guidances.                                            Device Guidance Documents’’ into two
                                                    information about FDA’s posting of                         In addition to posting the lists of                separate links: ‘‘Recent Medical Device
                                                    comments to public dockets, see 80 FR                   prioritized device guidance documents,                Final Guidance Documents’’ and
                                                    56469, September 18, 2015, or access                    FDA has committed to updating its Web                 ‘‘Recent Medical Device Draft Guidance
                                                    the information at: http://www.fda.gov/                 site in a timely manner to reflect the                Documents.’’
                                                    regulatoryinformation/dockets/                          Agency’s review of previously                            CDRH is aware of draft guidance
                                                    default.htm.                                            published guidance documents;                         documents yet to be finalized.
                                                       Docket: For access to the docket to                  including, the deletion of guidance                   Therefore, in order to assure the timely
                                                    read background documents or the                        documents that no longer represent the                completion or re-issuance of draft
                                                    electronic and written/paper comments                   Agency’s interpretation of or policy on               guidances in FY 2015, CDRH committed
                                                    received, go to http://                                 a regulatory issue and notation of                    to performance goals for current and
                                                    www.regulations.gov and insert the                      guidance documents that are under                     future draft guidance documents. For
                                                    docket number, found in brackets in the                 review by the Agency.                                 draft guidance documents issued after
                                                    heading of this document, into the                         Fulfillment of these commitments                   October 1, 2014, CDRH committed to
                                                    ‘‘Search’’ box and follow the prompts                   will be reflected through the issuance of             finalize, withdraw, reopen the comment
                                                    and/or go to the Division of Dockets                    updated guidance on existing topics,                  period or issue another draft guidance
                                                    Management, 5630 Fishers Lane, rm.                      removal of guidances that that no longer              on the topic for 80 percent of the
                                                    1061, Rockville, MD 20852.                              reflect FDA’s current thinking on a                   documents within 2 years of the close
                                                    FOR FURTHER INFORMATION CONTACT:                        particular topic, and annual updates to               of the comment period and for the
                                                    Erica Takai, Center for Devices and                     the A-list and B-list announced in this               remaining 20 percent, within 5 years. In
                                                    Radiological Health, Food and Drug                      notice.                                               FY 2015, CDRH has withdrawn 14 of 20
                                                    Administration,10903 New Hampshire                                                                            draft guidances issued prior to October
                                                                                                            II. CDRH Guidance Development
                                                    Ave., Bldg. 66, rm. 5456, Silver Spring,                                                                      1, 2009, and has been continuing to
                                                                                                            Initiative
                                                    MD 20993–0002, 301–796–6353.                                                                                  work towards finalizing the remaining
                                                                                                               On June 5, 2014, CDRH held a public                draft guidances. Furthermore, in FY
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            workshop to provide stakeholders (e.g.,               2016, CDRH will finalize, withdraw, or
                                                    I. Background                                           industry, academia, public health                     reopen the comment period for 50
                                                       During negotiations on the Medical                   advocacy groups, and other interested                 percent of existing draft guidances
                                                    Device User Fee Amendments of 2012                      persons) an opportunity to actively                   issued prior to October 1, 2010, CDRH
                                                    (MDUFA III), Title II, Food and Drug                    engage with Center representatives                    expects to renew or modify, as
                                                    Administration Safety and Innovation                    about the guidance development                        appropriate, these performance goals in
                                                    Act (Pub. L. 112–114), FDA agreed to                    process, provide transparency into                    FY 2017 and subsequent years.
                                                    meet a variety of quantitative and                      guidance priority development, promote
                                                                                                            dialogue on guidance process                          A. Earlier Stakeholder Involvement in
                                                    qualitative goals intended to help get                                                                        Guidance Development
                                                    safe and effective medical devices to                   improvements, and generate ideas for
                                                    market more quickly. Among these                        assessing the impact of guidance (Ref.                  At the 2014 workshop, stakeholders
                                                    commitments included:                                   1). The workshop also provided a forum                also expressed a desire to be involved
                                                       • Annually posting a list of priority                to discuss best practices and public                  earlier in the guidance development
                                                    medical device guidance documents                       participation in guidance development.                process. CDRH representatives
                                                    that the Agency intends to publish                      CDRH carefully considered the                         discussed various ways in which the
                                                    within 12 months of the date this list is               comments and suggestions provided by                  Center currently encourages
                                                                                                            stakeholders.                                         participation by external stakeholders in
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    published each fiscal year (the ‘‘A-list’’)
                                                    and                                                        At the 2014 workshop, stakeholders                 the guidance development process. In
                                                       • annually posting a list of device                  requested that draft guidance                         the case of emerging technologies,
                                                    guidance documents that the Agency                      documents be more clearly identified as               CDRH uses ‘‘leapfrog’’ guidances to
                                                    intends to publish, as the Agency’s                     ‘‘draft’’ to indicate to CDRH                         provide initial recommendations
                                                    guidance-development resources permit                   stakeholders and staff that they are not              regarding the type of information that
                                                    each fiscal year (the ‘‘B-list’’).                      for implementation. CDRH revised its                  would be appropriate in the review of
                                                       FDA invites interested persons to                    templates for new draft guidance                      these emerging technologies. Input from
                                                    submit comments on any or all of the                    documents by adding the watermark                     external stakeholders help CDRH


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                                                                               Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices                                            81337

                                                    formulate its initial thinking on the data              entitled ‘‘Information to Support a                   in the MR environment? How is MR
                                                    necessary to support marketing                          Claim of Electromagnetic Compatibility                safety addressed (e.g. labeling or other)
                                                    approval, clearance, or oversight of                    (EMC) of Electrically-Powered Medical                 for electrically active medical devices
                                                    these devices. In FY 2015, CDRH issued                  Devices’’ (Ref. 6) to provide a framework             not intended for use in the MR
                                                    two leapfrog draft guidances,                           for promoting consistent submission                   environment?
                                                    ‘‘Premarket Studies of Implantable                      and review of EMC information in                        g. Several medical device EMC
                                                    Minimally Invasive Glaucoma Surgical                    premarket submissions. In addition,                   consensus standards specify the
                                                    (MIGS) Devices’’ (Ref. 2) and Radiation                 CDRH plans to also draft a more                       information to be conveyed to the user
                                                    Biodosimetry Devices (Ref. 3). For the                  detailed guidance on this topic guidance              regarding device EMC. Is this
                                                    Premarket Studies of Implantable MIGS                   to provide more comprehensive                         information sufficient? If not, what
                                                    Device guidance document, early                         information and transparency to                       additional type of information is
                                                    stakeholder input was obtained through                  stakeholders regarding the information                typically provided to help the user
                                                    discussions with glaucoma specialists                   necessary to support an EMC claim.                    manage the risks associated with
                                                    identified by the American Glaucoma                     FDA invites comments on the following                 medical device EMC and how is this
                                                    Society through the Network of Experts                  questions:                                            information conveyed?
                                                    (http://www.fda.gov/AboutFDA/                              a. There has been increasing use of
                                                    CentersOffices/                                         electromagnetic emitters (e.g., radio-                2. Utilizing Animal Studies To Evaluate
                                                    OfficeofMedicalProductsandTobacco/                      frequency identification, electronic                  the Safety of Organ Preservation Devices
                                                    CDRH/ucm289534.htm), as well as                         article surveillance gates, metal                     and Solutions
                                                    through a workshop cosponsored with                     detectors) in the environments where                     While the national transplant waiting
                                                    the American Glaucoma Society on                        medical devices operate. What methods                 list continues to grow, rates of donation
                                                    February 26, 2014 (Ref. 4). In addition,                are used to determine EMC of devices                  and transplant remain stagnant. On
                                                    early stakeholder feedback was obtained                 exposed to these common emitters?                     average, 22 people die each day waiting
                                                    at a public workshop for the Radiation                     b. Given that basic safety, as defined             for a transplant. The dire deficit in
                                                    Biodosimetry Devices guidance                           in the IEC 60601–1 family of standards,               organ transplants has propelled a new
                                                    document (Ref. 5).                                      does not include effectiveness, how is                wave of innovation in perfusion-based
                                                       Additionally, in FY 2015, in                         device performance evaluated                          organ preservation technologies. With
                                                    anticipation of guidance documents                      differently than device safety for EMC?               such innovation also comes the
                                                    expected to be developed, CDRH sought                   Specifically, are pass/fail criteria chosen           challenge of demonstrating that these
                                                    stakeholder input regarding Patient                     such that they will address both                      new technologies, when evaluated in
                                                    Matched Instrumentation for                             performance and safety for each EMC                   animal models, are sufficiently safe for
                                                    Orthopedics, Medical Devices Intended                   test? Alternatively, are safety and                   early clinical experience.
                                                    for Aesthetic Use, and Dual 510(k) and                  performance tested separately?
                                                                                                               c. When networks (wired or wireless)                  After animal organs undergo
                                                    Clinical Laboratory Improvement                                                                               preservation using a new organ
                                                    Amendments Act (CLIA) Waiver by                         are determined to be necessary for
                                                                                                            device performance, how are they                      transport device or solution, there are
                                                    Application. The feedback received has
                                                                                                            included as a system when tested for                  generally two models to assess post-
                                                    been considered in the development of
                                                                                                            EMC?                                                  reperfusion injury: (1) An in vivo model
                                                    these guidances and CDRH has included
                                                                                                               d. The use of ‘‘third party’’                      in which the organ is transplanted into
                                                    the Dual 510(k) and CLIA Waiver by
                                                                                                            components can significantly affect the               a surrogate recipient animal and (2) an
                                                    Application guidance and Patient
                                                                                                            EMC of the medical device system. How                 ex vivo model in which the organ is
                                                    Matched Instrumentation for
                                                                                                            are device systems evaluated for EMC                  reperfused under simulated transplant
                                                    Orthopedics on the FY2016 B-List.
                                                       CDRH is posing the following                         when off-the-shelf components such as                 conditions. FDA intends to develop
                                                    questions to interested persons for                     smartphones, tablets, or PCs are                      guidance to provide recommendations
                                                    consideration and comment, so that                      intended to be used in the device                     for utilizing both in vivo and ex vivo
                                                    relevant future draft guidances on these                system?                                               models to evaluate emerging organ
                                                    technologies can be as complete and                        e. Medical devices, like most                      preservation technologies. Prior to
                                                    useful as possible. We will carefully                   electronic products, go through various               drafting our recommendations in a
                                                    consider the comments received in the                   design changes that can affect the EMC                future guidance document, FDA invites
                                                    development of new guidance                             of the device system. The changes or                  comments on the following questions:
                                                    documents and incorporate the                           modifications can occur after initial                    a. What are the potential limitations
                                                    information where appropriate. CDRH                     EMC testing. What factors and methods                 of an ex vivo model in assessing
                                                    believes that public input during                       are used to determine how device                      reperfusion injury, and how can these
                                                    guidance development and after a draft                  changes or modifications (e.g., software,             limitations be mitigated? In addition to
                                                    guidance is issued on the topic will lead               firmware, hardware) will affect EMC                   markers for cell injury and function,
                                                    to a comprehensive and informed final                   and how is it determined when partial                 histology, and the use of allogeneic
                                                    guidance on the Agency’s policy for the                 or complete EMC re-testing of a device                blood during reperfusion, what
                                                    technologies and processes in the                       is needed?                                            measures can be taken to improve the
                                                    following list:                                            f. The use of magnetic resonance (MR)              data generated in an ex vivo model?
                                                                                                            imaging technology on medical device                     b. In an in vivo model, what are
                                                    1. Electromagnetic Compatibility (EMC)                  users and patients is increasing. MR                  strategies to limit confounding factors,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    of Electrically-Powered Medical Devices                 imaging incorporates very strong                      such as immunological responses and
                                                       EMC assessment is a vital part of                    magnetic and electric fields that can                 hemodynamic instability, from affecting
                                                    ensuring that risks associated with                     have very significant effects on the                  the assessment of device-related
                                                    performance degradation of electrically-                safety and effectiveness of medical                   reperfusion injury?
                                                    powered medical devices associated                      devices, especially electrically active                  c. Is there a perceived hierarchy of
                                                    with electromagnetic interference are                   devices. How is MR safety and                         evidence regarding data obtained from
                                                    adequately addressed. CDRH recently                     compatibility addressed for electrically              an ex vivo model and those obtained
                                                    published a short draft guidance                        active medical devices intended for use               from an in vivo model? Or rather, is it


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                                                    81338                      Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices

                                                    more judicious to view the two models                   current do previously issued final                       III. Web Site Location of Guidance Lists
                                                    as complements of each other?                           guidances remain? CDRH has resolved                         This notice announces the Web site
                                                      d. What role does the risk of the                     to address this concern through a staged                 location of the document that provides
                                                    device play in the utilization of in vivo               review of previously issued final                        the A and B lists of guidance
                                                    and ex vivo models? Regarding specific                  guidances in collaboration with                          documents, which CDRH is intending to
                                                    experimental parameters (e.g., length of                stakeholders.                                            publish during FY 2016. To access these
                                                    preservation, total ischemic time), under                  At the Web site where CDRH has                        two lists, visit FDA’s Web site at http://
                                                    what circumstances is it appropriate to                                                                          www.fda.gov/MedicalDevices/
                                                                                                            posted the ‘‘A-list’’ and ‘‘B-list’’ for FY
                                                    test the worst-case scenario?                                                                                    DeviceRegulationandGuidance/
                                                                                                            2016, CDRH has also posted a list of
                                                      e. What are the organ-specific                                                                                 GuidanceDocuments/ucm467223.htm.
                                                    challenges in developing in vivo and ex                 final guidance documents that issued in
                                                                                                            2006, 1996, 1986, and 1976.1                             We note that the topics on this and past
                                                    vivo models to assess reperfusion                                                                                guidance priority lists may be removed
                                                    injury?                                                    The Center is interested in external
                                                                                                                                                                     or modified based on current priorities.
                                                      f. What approaches would improve                      feedback on whether any of these final
                                                                                                                                                                     The Agency is not required to publish
                                                    the in vivo and ex vivo study designs to                guidances should be revised or
                                                                                                                                                                     every guidance on either list if the
                                                    ensure the generation of sufficient,                    withdrawn. In addition, for guidances
                                                                                                                                                                     resources needed would be to the
                                                    meaningful data while limiting the                      that are recommended for revision,
                                                                                                                                                                     detriment of meeting quantitative
                                                    number of animals used in such                          information explaining the need for
                                                                                                                                                                     review timelines and statutory
                                                    studies?                                                revision, such as, the impact and risk to                obligations. In addition, the Agency is
                                                                                                            public health associated with not                        not precluded from issuing guidance
                                                    B. Stakeholder Feedback To Enhance
                                                    the CDRH Guidance Program                               revising the guidance, would also be                     documents that are not on either list.
                                                                                                            helpful as the Center considers potential                   FDA and CDRH priorities are subject
                                                      In addition, to enhance the CDRH                      action with respect to these guidances.
                                                    guidance program, CDRH invites                                                                                   to change at any time. Topics on this
                                                                                                            CDRH intends to provide these lists of                   and past guidance priority lists may be
                                                    interested persons to comment on the                    previously-issued final guidances
                                                    following questions:                                                                                             removed or modified based on current
                                                                                                            annually through FY 2025 so that by                      priorities. CDRH’s experience in
                                                      a. The cover page of each guidance                    2025, FDA and stakeholders will have
                                                    document includes contact information                                                                            guidance development has shown that
                                                                                                            assessed the applicability of all                        there are many reasons that CDRH staff
                                                    for questions regarding the guidance,                   guidances older than 10 years. For
                                                    and a list of CDRH Offices that have                                                                             may not complete the entire agenda of
                                                                                                            instance, in the annual notice for FY                    guidances it undertakes. Staff is
                                                    generally contributed to the drafting of                2017, CDRH expects to provide a list of
                                                    the guidance. Is the list of CDRH Offices                                                                        frequently diverted from guidance
                                                                                                            the final guidance documents that                        development to other priority activities.
                                                    involved in the drafting of the guidance                issued in 2007, 1997, 1987, and 1977;
                                                    informative? What other administrative                                                                           In addition, at any time new issues may
                                                                                                            the annual notice for FY 2018 is                         arise to be addressed in guidance that
                                                    information should be included on the                   expected to provide a list of the final
                                                    cover page?                                                                                                      could not have been anticipated at the
                                                                                                            guidance documents that issued in                        time the annual list is generated. These
                                                      b. CDRH is committed to the
                                                                                                            2008, 1998, 1988, and 1978, and so on.                   may involve newly identified public
                                                    continual improvement of the quality of
                                                                                                            CDRH will consider the comments                          health issues.
                                                    guidance documents and we are seeking
                                                                                                            received from this retrospective review
                                                    to identify examples of quality guidance                                                                         IV. References
                                                                                                            when determining priorities for
                                                    documents. Are there specific guidance
                                                                                                            updating guidance documents, and will                      The following references are on
                                                    documents published in the past 5 years
                                                                                                            revise these as resources permit. During                 display in the Division of Dockets
                                                    that were particularly informative and
                                                                                                            FY 2015, CDRH received comments                          Management (see ADDRESSES) and are
                                                    helpful that could serve as models for
                                                                                                            regarding guidances issued in 2005,                      available for viewing by interested
                                                    future guidance documents? Please
                                                                                                            1995, and 1985, and is considering                       persons between 9 a.m. and 4 p.m.,
                                                    provide the title of the guidance
                                                                                                            further actions on specific guidances in                 Monday through Friday; they are also
                                                    documents and briefly describe what
                                                                                                            response to comments received.                           available electronically at http://
                                                    specific aspects were informative and
                                                                                                               Under the Good Guidance Practices                     www.regulations.gov. FDA has verified
                                                    helpful?
                                                      c. Has the enhanced Guidance                          regulation at § 10.115(f)(4), the public                 the Web site addresses, as of the date
                                                    Document Search feature on the FDA                      may, at any time, suggest that CDRH                      this document publishes in the Federal
                                                    Web site (http://www.fda.gov/                           revise or withdraw an already existing                   Register, but Web sites are subject to
                                                    RegulatoryInformation/Guidances/                        guidance document. The suggestion                        change over time.
                                                    default.htm) improved searchability of                  should clearly explain why the                           1. Center for Devices and Radiological Health
                                                    guidances? Are there any suggestions for                guidance document should be revised or                        Guidance Development and
                                                    how the search feature could be                         withdrawn and, if applicable, how it                          Prioritization; Public Workshop;
                                                                                                                                                                          Requests for Comments, available at
                                                    improved?                                               should be revised. Interested persons
                                                                                                                                                                          http://www.fda.gov/medicaldevices/
                                                                                                            are requested to examine the list of                          newsevents/workshopsconferences/
                                                    C. Applicability of Previously-Issued                   previously issued final guidances
                                                    Final Guidance                                                                                                        ucm394821.htm.
                                                                                                            provided by CDRH on the annual                           2. Premarket Studies of Implantable
                                                      CDRH has issued over 1,000 guidance
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            agenda Web site but feedback on any                           Minimally Invasive Glaucoma Surgical
                                                    documents to provide stakeholders with                  guidance is appreciated.                                      (MIGS) Devices Draft Guidance, available
                                                    the Agency’s thinking on numerous                                                                                     at http://www.fda.gov/ucm/groups/
                                                    topics. Each guidance reflected the                       1 The retrospective list of final guidances does not
                                                                                                                                                                          fdagov-public/@fdagov-meddev-gen/
                                                    Agency’s current position at the time                   include: (1) Documents that are not guidances but
                                                                                                                                                                          documents/document/ucm433165.pdf.
                                                                                                            were inadvertently categorized as guidance such as       3. Radiation Biodosimetry Devices; Draft
                                                    that it was issued. However, the                                                                                      Guidance for Industry and Food and
                                                                                                            scientific publications, advisory opinions, and
                                                    guidance program has issued these                       interagency agreements; (2) guidances actively                Drug Administration Staff, available at
                                                    guidances over a period greater than 20                 being revised by CDRH; and (3) special controls               http://www.fda.gov/downloads/
                                                    years, raising the question of how                      documents.                                                    MedicalDevices/



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                                                                                Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Notices                                          81339

                                                         DeviceRegulationandGuidance/                        Electronic Submissions                                with a heading or cover note that states
                                                         GuidanceDocuments/UCM427866.pdf.                                                                          ‘‘THIS DOCUMENT CONTAINS
                                                    4. American Glaucoma Society/Food and                      Submit electronic submissions in the
                                                                                                             following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                         Drug Administration Workshop on                                                                           Agency will review this copy, including
                                                         Supporting Innovation for Safe and                    • Federal eRulemaking Portal: http://
                                                         Effective Minimally Invasive Glaucoma               www.regulations.gov. Follow the                       the claimed confidential information, in
                                                         Surgery; Public Workshop, available at              instructions for submitting comments.                 its consideration of comments. The
                                                         http://www.fda.gov/MedicalDevices/                  Comments submitted electronically,                    second copy, which will have the
                                                         NewsEvents/WorkshopsConferences/                    including attachments, to http://                     claimed confidential information
                                                         ucm382508.htm.                                      www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                    5. Regulatory Science Considerations for                                                                       for public viewing and posted on http://
                                                         Medical Countermeasure Radiation
                                                                                                             the docket unchanged. Because your
                                                                                                             comment will be made public, you are                  www.regulations.gov. Submit both
                                                         Biodosimetry Devices, available at http://                                                                copies to the Division of Dockets
                                                         www.fda.gov/MedicalDevices/                         solely responsible for ensuring that your
                                                                                                             comment does not include any                          Management. If you do not wish your
                                                         NewsEvents/WorkshopsConferences/
                                                         ucm308079.htm.                                      confidential information that you or a                name and contact information to be
                                                    6. Information to Support a Claim of                     third party may not wish to be posted,                made publicly available, you can
                                                         Electromagnetic Compatibility (EMC) of              such as medical information, your or                  provide this information on the cover
                                                         Electrically-Powered Medical Devices,               anyone else’s Social Security number, or              sheet and not in the body of your
                                                         available at http://www.fda.gov/ucm/                confidential business information, such               comments and you must identify this
                                                         groups/fdagov-public/@fdagov-meddev-                                                                      information as ‘‘confidential.’’ Any
                                                         gen/documents/document/
                                                                                                             as a manufacturing process. Please note
                                                                                                             that if you include your name, contact                information marked as ‘‘confidential’’
                                                         ucm470201.pdf.                                                                                            will not be disclosed except in
                                                                                                             information, or other information that
                                                      Dated: December 7, 2015.                               identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                                    Leslie Kux,                                              comments, that information will be                    applicable disclosure law. For more
                                                    Associate Commissioner for Policy.                       posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                    [FR Doc. 2015–32726 Filed 12–28–15; 8:45 am]               • If you want to submit a comment                   comments to public dockets, see 80 FR
                                                    BILLING CODE 4164–01–P                                   with confidential information that you                56469, September 18, 2015, or access
                                                                                                             do not wish to be made available to the               the information at: http://www.fda.gov/
                                                                                                             public, submit the comment as a                       regulatoryinformation/dockets/
                                                    DEPARTMENT OF HEALTH AND                                 written/paper submission and in the                   default.htm.
                                                    HUMAN SERVICES                                           manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                                                                             Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                                    Food and Drug Administration                                                                                   electronic and written/paper comments
                                                                                                                                                                   received, go to http://
                                                    [Docket No. FDA–2007–D–0369]
                                                                                                             Written/Paper Submissions                             www.regulations.gov and insert the
                                                                                                                Submit written/paper submissions as                docket number, found in brackets in the
                                                    Bioequivalence Recommendations for                       follows:                                              heading of this document, into the
                                                    Paliperidone Palmitate; Draft Guidance                      • Mail/Hand delivery/Courier (for                  ‘‘Search’’ box and follow the prompts
                                                    for Industry; Availability                               written/paper submissions): Division of               and/or go to the Division of Dockets
                                                                                                             Dockets Management (HFA–305), Food                    Management, 5630 Fishers Lane, rm.
                                                    AGENCY:    Food and Drug Administration,                 and Drug Administration, 5630 Fishers                 1061, Rockville, MD 20852.
                                                    HHS.                                                     Lane, rm. 1061, Rockville, MD 20852.                     Submit written requests for single
                                                    ACTION:   Notice of availability.                           • For written/paper comments                       copies of the draft guidance to the
                                                                                                             submitted to the Division of Dockets                  Division of Drug Information, Center for
                                                    SUMMARY:   The Food and Drug                             Management, FDA will post your                        Drug Evaluation and Research, Food
                                                    Administration (FDA) is announcing the                   comment, as well as any attachments,                  and Drug Administration, 10001 New
                                                    availability of a revised draft guidance                 except for information submitted,                     Hampshire Ave., Hillandale Building,
                                                    for industry on paliperidone palmitate                   marked and identified, as confidential,               4th Floor, Silver Spring, MD 20993–
                                                    extended-release injectable suspension                   if submitted as detailed in                           0002. Send one self-addressed adhesive
                                                    entitled ‘‘Draft Guidance on                             ‘‘Instructions.’’                                     label to assist that office in processing
                                                    Paliperidone Palmitate.’’ The                               Instructions: All submissions received             your requests. See the SUPPLEMENTARY
                                                    recommendations provide specific                         must include the Docket No. FDA–                      INFORMATION section for electronic
                                                    guidance on the design of                                2007–D–0369 for ‘‘Draft Guidance on                   access to the draft guidance document.
                                                    bioequivalence (BE) studies to support                   Paliperidone Palmitate.’’ Received                    FOR FURTHER INFORMATION CONTACT:
                                                    abbreviated new drug applications                        comments will be placed in the docket                 Xiaoqiu Tang, Center for Drug
                                                    (ANDAs) for paliperidone palmitate                       and, except for those submitted as                    Evaluation and Research, Food and
                                                    extended-release injectable suspension.                  ‘‘Confidential Submissions,’’ will be                 Drug Administration, 10903 New
                                                                                                             publicly viewable at http://                          Hampshire Ave., Bldg. 75, rm. 4730,
                                                    DATES:  Although you can comment on
                                                                                                             www.regulations.gov or at the Division                Silver Spring, MD 20993–0002, 301–
                                                    any guidance at any time (see 21 CFR
                                                                                                             of Dockets Management between 9 a.m.                  796–5850.
                                                    10.115(g)(5)), to ensure that the Agency
                                                                                                             and 4 p.m., Monday through Friday.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    considers your comments on this draft                                                                          SUPPLEMENTARY INFORMATION:
                                                    guidance before it begins work on the                       • Confidential Submissions: To
                                                                                                             submit a comment with confidential                    I. Background
                                                    final version of the guidance, submit
                                                    either electronic or written comments                    information that you do not wish to be                  In the Federal Register of June 11,
                                                    on the draft guidance by February 29,                    made publicly available, submit your                  2010 (75 FR 33311), FDA announced the
                                                    2016.                                                    comments only as a written/paper                      availability of a guidance for industry
                                                                                                             submission. You should submit two                     entitled ‘‘Bioequivalence
                                                    ADDRESSES:       You may submit comments                 copies total. One copy will include the               Recommendations for Specific
                                                    as follows:                                              information you claim to be confidential              Products,’’ which explained the process


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Document Created: 2015-12-29 10:16:01
Document Modified: 2015-12-29 10:16:01
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.
DatesAlthough you can comment on any guidance at any time, submit either electronic or written comments by February 29, 2016.
ContactErica Takai, Center for Devices and Radiological Health, Food and Drug Administration,10903 New Hampshire Ave., Bldg. 66, rm. 5456, Silver Spring, MD 20993-0002, 301-796-6353.
FR Citation80 FR 81335 

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