81_FR_44758 81 FR 44627 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Devices; Third-Party Review Under the Food and Drug Administration Modernization Act

81 FR 44627 - Agency Information Collection Activities; Proposed Collection; Comment Request; Medical Devices; Third-Party Review Under the Food and Drug Administration Modernization Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 131 (July 8, 2016)

Page Range44627-44628
FR Document2016-16158

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection associated with medical devices third-party review under the Food and Drug Administration Modernization Act.

Federal Register, Volume 81 Issue 131 (Friday, July 8, 2016)
[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44627-44628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16158]



[[Page 44627]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0795]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Medical Devices; Third-Party Review Under the Food and 
Drug Administration Modernization Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the PRA), Federal Agencies are required to publish notice in the 
Federal Register concerning each proposed collection of information, 
including each proposed extension of an existing collection of 
information, and to allow 60 days for public comment in response to the 
notice. This notice solicits comments on the information collection 
associated with medical devices third-party review under the Food and 
Drug Administration Modernization Act.

DATES: Submit either electronic or written comments on the collection 
of information by September 6, 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-2013-N-0795 for ``Agency Information Collection Activities; 
Proposed Collection; Comment Request; Medical Devices; Third-Party 
Review Under the Food and Drug Administration Modernization Act.'' 
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 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: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A63, 11601 
Landsdown St., North Bethesda, MD 20852, [email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
Agencies must obtain approval from the Office of Management and Budget 
(OMB) for each collection of information they conduct or sponsor. 
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes Agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) 
requires Federal Agencies to provide a 60-day notice in the Federal 
Register concerning each proposed collection of information, including 
each proposed extension of an existing collection of information, 
before submitting the collection to OMB for approval. To comply with 
this requirement, FDA is publishing notice of the proposed collection 
of information set forth in this document.
    With respect to the following collection of information, FDA 
invites comments on these topics: (1) Whether the proposed collection 
of information is necessary for the proper performance of FDA's 
functions, including whether the information will have practical 
utility; (2) the accuracy of FDA's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on respondents, 
including through the use of automated collection techniques, when 
appropriate, and other forms of information technology.

[[Page 44628]]

Medical Devices; Third-Party Review Under the Food and Drug 
Administration Modernization Act--OMB Control Number 0910-0375--
Extension

    Section 210 of the Food and Drug Administration Modernization Act 
(FDAMA) established section 523 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360m), directing FDA to accredit persons in the private 
sector to review certain premarket notifications (510(k)s). 
Participation in this third-party review program by accredited persons 
is entirely voluntary. A third party wishing to participate will submit 
a request for accreditation to FDA. Accredited third-party reviewers 
have the ability to review a manufacturer's 510(k) submission for 
selected devices. After reviewing a submission, the reviewer will 
forward a copy of the 510(k) submission, along with the reviewer's 
documented review and recommendation, to FDA. Third-party reviewers 
should maintain records of their 510(k) reviews and a copy of the 
510(k) for a reasonable period of time, usually a period of 3 years.
    This information collection will allow FDA to continue to implement 
the accredited person review program established by FDAMA and improve 
the efficiency of 510(k) review for low- to moderate-risk devices.
    Respondents to this information collection are businesses or other 
for-profit organizations.
    FDA receives an average of one application for accreditation for 
third-party review per year. According to FDA's data, the number of 
510(k)s submitted for third-party review is approximately 260 annually, 
which is 26 annual reviews per each of the 10 accredited reviewers. 
Third-party reviewers are required to keep records of their review of 
each submission.
    FDA estimates the burden of this collection of information as 
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Requests for accreditation......               1               1               1              24              24
510(k) reviews conducted by                   10              26             260              40          10,400
 accredited third parties.......
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          10,424
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of      records per    Total annual     burden per      Total hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
510(k) reviews..................              10              26             260              10           2,600
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.


    Dated: July 1, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16158 Filed 7-7-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                      Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices                                           44627

                                                    DEPARTMENT OF HEALTH AND                                 written/paper submission and in the                   the information at: http://www.fda.gov/
                                                    HUMAN SERVICES                                           manner detailed (see ‘‘Written/Paper                  regulatoryinformation/dockets/
                                                                                                             Submissions’’ and ‘‘Instructions’’).                  default.htm.
                                                    Food and Drug Administration
                                                                                                             Written/Paper Submissions                                Docket: For access to the docket to
                                                    [Docket No. FDA–2013–N–0795]                                                                                   read background documents or the
                                                                                                                Submit written/paper submissions as
                                                                                                             follows:                                              electronic and written/paper comments
                                                    Agency Information Collection
                                                    Activities; Proposed Collection;                            • Mail/Hand delivery/Courier (for                  received, go to http://
                                                                                                             written/paper submissions): Division of               www.regulations.gov and insert the
                                                    Comment Request; Medical Devices;
                                                                                                             Dockets Management (HFA–305), Food                    docket number, found in brackets in the
                                                    Third-Party Review Under the Food
                                                    and Drug Administration                                  and Drug Administration, 5630 Fishers                 heading of this document, into the
                                                    Modernization Act                                        Lane, Rm. 1061, Rockville, MD 20852.                  ‘‘Search’’ box and follow the prompts
                                                                                                                • For written/paper comments                       and/or go to the Division of Dockets
                                                    AGENCY:    Food and Drug Administration,                 submitted to the Division of Dockets                  Management, 5630 Fishers Lane, Rm.
                                                    HHS.                                                     Management, FDA will post your                        1061, Rockville, MD 20852.
                                                    ACTION:   Notice.                                        comment, as well as any attachments,
                                                                                                             except for information submitted,                     FOR FURTHER INFORMATION CONTACT:    FDA
                                                    SUMMARY:  The Food and Drug                              marked and identified, as confidential,               PRA Staff, Office of Operations, Food
                                                    Administration (FDA) is announcing an                    if submitted as detailed in                           and Drug Administration, Three White
                                                    opportunity for public comment on the                    ‘‘Instructions.’’                                     Flint North, 10A63, 11601 Landsdown
                                                    proposed collection of certain                              Instructions: All submissions received             St., North Bethesda, MD 20852,
                                                    information by the Agency. Under the                     must include the Docket No. FDA–                      PRAStaff@fda.hhs.gov.
                                                    Paperwork Reduction Act of 1995 (the                     2013–N–0795 for ‘‘Agency Information
                                                    PRA), Federal Agencies are required to                   Collection Activities; Proposed                       SUPPLEMENTARY INFORMATION:       Under the
                                                    publish notice in the Federal Register                   Collection; Comment Request; Medical                  PRA (44 U.S.C. 3501–3520), Federal
                                                    concerning each proposed collection of                   Devices; Third-Party Review Under the                 Agencies must obtain approval from the
                                                    information, including each proposed                     Food and Drug Administration                          Office of Management and Budget
                                                    extension of an existing collection of                   Modernization Act.’’ Received                         (OMB) for each collection of
                                                    information, and to allow 60 days for                    comments will be placed in the docket                 information they conduct or sponsor.
                                                    public comment in response to the                        and, except for those submitted as                    ‘‘Collection of information’’ is defined
                                                    notice. This notice solicits comments on                 ‘‘Confidential Submissions,’’ publicly                in 44 U.S.C. 3502(3) and 5 CFR
                                                    the information collection associated                    viewable at http://www.regulations.gov                1320.3(c) and includes Agency requests
                                                    with medical devices third-party review                  or at the Division of Dockets                         or requirements that members of the
                                                    under the Food and Drug                                  Management between 9 a.m. and 4 p.m.,                 public submit reports, keep records, or
                                                    Administration Modernization Act.                        Monday through Friday.                                provide information to a third party.
                                                    DATES: Submit either electronic or                          • Confidential Submissions—To                      Section 3506(c)(2)(A) of the PRA (44
                                                    written comments on the collection of                    submit a comment with confidential                    U.S.C. 3506(c)(2)(A)) requires Federal
                                                    information by September 6, 2016.                        information that you do not wish to be                Agencies to provide a 60-day notice in
                                                    ADDRESSES: You may submit comments                       made publicly available, submit your
                                                                                                                                                                   the Federal Register concerning each
                                                    as follows:                                              comments only as a written/paper
                                                                                                                                                                   proposed collection of information,
                                                                                                             submission. You should submit two
                                                    Electronic Submissions                                                                                         including each proposed extension of an
                                                                                                             copies total. One copy will include the
                                                                                                             information you claim to be confidential              existing collection of information,
                                                      Submit electronic comments in the                                                                            before submitting the collection to OMB
                                                    following way:                                           with a heading or cover note that states
                                                      • Federal eRulemaking Portal: http://                  ‘‘THIS DOCUMENT CONTAINS                              for approval. To comply with this
                                                    www.regulations.gov. Follow the                          CONFIDENTIAL INFORMATION.’’ The                       requirement, FDA is publishing notice
                                                    instructions for submitting comments.                    Agency will review this copy, including               of the proposed collection of
                                                    Comments submitted electronically,                       the claimed confidential information, in              information set forth in this document.
                                                    including attachments, to http://                        its consideration of comments. The                       With respect to the following
                                                    www.regulations.gov will be posted to                    second copy, which will have the                      collection of information, FDA invites
                                                    the docket unchanged. Because your                       claimed confidential information                      comments on these topics: (1) Whether
                                                    comment will be made public, you are                     redacted/blacked out, will be available               the proposed collection of information
                                                    solely responsible for ensuring that your                for public viewing and posted on http://              is necessary for the proper performance
                                                    comment does not include any                             www.regulations.gov. Submit both                      of FDA’s functions, including whether
                                                    confidential information that you or a                   copies to the Division of Dockets                     the information will have practical
                                                    third party may not wish to be posted,                   Management. If you do not wish your                   utility; (2) the accuracy of FDA’s
                                                    such as medical information, your or                     name and contact information to be                    estimate of the burden of the proposed
                                                    anyone else’s Social Security number, or                 made publicly available, you can
                                                                                                                                                                   collection of information, including the
                                                    confidential business information, such                  provide this information on the cover
                                                                                                                                                                   validity of the methodology and
                                                    as a manufacturing process. Please note                  sheet and not in the body of your
                                                                                                                                                                   assumptions used; (3) ways to enhance
                                                    that if you include your name, contact                   comments and you must identify this
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                             information as ‘‘confidential.’’ Any                  the quality, utility, and clarity of the
                                                    information, or other information that
                                                                                                             information marked as ‘‘confidential’’                information to be collected; and (4)
                                                    identifies you in the body of your
                                                    comments, that information will be                       will not be disclosed except in                       ways to minimize the burden of the
                                                    posted on http://www.regulations.gov.                    accordance with 21 CFR 10.20 and other                collection of information on
                                                      • If you want to submit a comment                      applicable disclosure law. For more                   respondents, including through the use
                                                    with confidential information that you                   information about FDA’s posting of                    of automated collection techniques,
                                                    do not wish to be made available to the                  comments to public dockets, see 80 FR                 when appropriate, and other forms of
                                                    public, submit the comment as a                          56469, September 18, 2015, or access                  information technology.


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                                                    44628                                        Federal Register / Vol. 81, No. 131 / Friday, July 8, 2016 / Notices

                                                    Medical Devices; Third-Party Review                                        a request for accreditation to FDA.                                         efficiency of 510(k) review for low- to
                                                    Under the Food and Drug                                                    Accredited third-party reviewers have                                       moderate-risk devices.
                                                    Administration Modernization Act—                                          the ability to review a manufacturer’s                                         Respondents to this information
                                                    OMB Control Number 0910–0375—                                              510(k) submission for selected devices.                                     collection are businesses or other for-
                                                    Extension                                                                  After reviewing a submission, the                                           profit organizations.
                                                                                                                               reviewer will forward a copy of the                                            FDA receives an average of one
                                                      Section 210 of the Food and Drug                                         510(k) submission, along with the                                           application for accreditation for third-
                                                    Administration Modernization Act                                           reviewer’s documented review and                                            party review per year. According to
                                                    (FDAMA) established section 523 of the                                     recommendation, to FDA. Third-party                                         FDA’s data, the number of 510(k)s
                                                    Federal Food, Drug, and Cosmetic Act                                       reviewers should maintain records of                                        submitted for third-party review is
                                                    (21 U.S.C. 360m), directing FDA to                                         their 510(k) reviews and a copy of the                                      approximately 260 annually, which is
                                                    accredit persons in the private sector to                                  510(k) for a reasonable period of time,                                     26 annual reviews per each of the 10
                                                    review certain premarket notifications                                     usually a period of 3 years.                                                accredited reviewers. Third-party
                                                    (510(k)s). Participation in this third-                                       This information collection will allow                                   reviewers are required to keep records
                                                    party review program by accredited                                         FDA to continue to implement the                                            of their review of each submission.
                                                    persons is entirely voluntary. A third                                     accredited person review program                                               FDA estimates the burden of this
                                                    party wishing to participate will submit                                   established by FDAMA and improve the                                        collection of information as follows:

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

                                                    Requests for accreditation ...................................................                                    1                          1                         1                          24               24
                                                    510(k) reviews conducted by accredited third parties .........                                                   10                         26                       260                          40           10,400

                                                          Total ..............................................................................   ........................   ........................   ........................   ........................         10,424
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                             TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                               Number of                                             Average
                                                                                                                                                   Number of                                            Total annual
                                                                                           Activity                                                                           records per                                           burden per               Total hours
                                                                                                                                                 recordkeepers                                            records
                                                                                                                                                                             recordkeeper                                         recordkeeping

                                                    510(k) reviews ......................................................................                            10                         26                       260                          10            2,600
                                                       1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                      Dated: July 1, 2016.                                                     Elemental Impurities. The purpose of                                        WhiteOakCampusInformation/
                                                    Leslie Kux,                                                                the public workshop is to elaborate key                                     ucm241740.htm.
                                                    Associate Commissioner for Policy.                                         aspects of the ICH Guideline Q3D:                                           FOR FURTHER INFORMATION CONTACT:
                                                    [FR Doc. 2016–16158 Filed 7–7–16; 8:45 am]                                 Guideline on Elemental Impurities in                                        Amanda Roache, Food and Drug
                                                    BILLING CODE 4164–01–P
                                                                                                                               order facilitate a harmonized                                               Administration, 10903 New Hampshire
                                                                                                                               interpretation and implementation by                                        Ave., Bldg. 51, Rm. 1176, Silver Spring,
                                                                                                                               industry and regulators. It is not                                          MD 20993, 301–796–4548, email:
                                                    DEPARTMENT OF HEALTH AND                                                   intended to provide additional guidance                                     Amanda.Roache@fda.hhs.gov.
                                                    HUMAN SERVICES                                                             beyond the scope of Q3D. The meeting
                                                                                                                                                                                                           SUPPLEMENTARY INFORMATION: The ICH
                                                                                                                               will take place on the FDA campus and
                                                    Food and Drug Administration                                               also be broadcast on the Web allowing                                       brings together regulatory authorities
                                                                                                                               participants to join in person or via the                                   and pharmaceutical industry to discuss
                                                    [Docket No. FDA–2016–N–0001]                                                                                                                           scientific and technical aspects of drug
                                                                                                                               Web.
                                                                                                                                                                                                           registration. The ICH’s mission is to
                                                    Regional Public Workshop on the                                            DATES: The public workshop will be                                          achieve greater harmonization
                                                    International Council for                                                  held on August 22 and 23, from 9 a.m.                                       worldwide to ensure that safe, effective,
                                                    Harmonization of Technical                                                 to 5 p.m., EST. See the SUPPLEMENTARY                                       and high quality medicines are
                                                    Requirements for Pharmaceuticals for                                       INFORMATION section for information on                                      developed and registered in the most
                                                    Human Use Q3D Implementation of                                            how to register.                                                            resource-efficient manner. The ICH Q3D
                                                    Guideline for Elemental Impurities;                                        ADDRESSES: The public workshop will                                         Guideline was developed by the ICH to
                                                    Public Workshop                                                            be held at 10903 New Hampshire Ave.,                                        provide a global policy for limiting
                                                                                                                               Bldg. 31, Rm. 1503B/C, Silver Spring,                                       elemental impurities qualitatively and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    AGENCY:       Food and Drug Administration,
                                                    HHS.                                                                       MD 20993. The entrance for the public                                       quantitatively in drug products and
                                                    ACTION:      Notice of public workshop.                                    workshop participants (non-FDA                                              ingredients. Following finalization of
                                                                                                                               employees) is through Building 1 where                                      this Guideline, an Implementation
                                                    SUMMARY: The Food and Drug                                                 routine security check procedures will                                      Working Group was established to
                                                    Administration (FDA) is announcing a                                       be performed. For parking and security                                      develop a comprehensive training
                                                    public workshop entitled: Regional                                         information, please refer to http://                                        program and supporting documents
                                                    Public Workshop on ICH Q3D                                                 www.fda.gov/AboutFDA/                                                       sponsored by ICH to ensure the proper
                                                    Implementation of Guideline for                                            WorkingatFDA/BuildingsandFacilities/                                        interpretation and effective utilization


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Document Created: 2016-07-08 00:18:03
Document Modified: 2016-07-08 00:18:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by September 6, 2016.
ContactFDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]
FR Citation81 FR 44627 

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