81_FR_5782 81 FR 5760 - Enforcement Policy on National Health Related Item Code and National Drug Code Numbers Assigned to Devices; Draft Guidance for Industry and Food and Drug Administration Staff; Availability and Request for Comments

81 FR 5760 - Enforcement Policy on National Health Related Item Code and National Drug Code Numbers Assigned to Devices; Draft Guidance for Industry and Food and Drug Administration Staff; Availability and Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 22 (February 3, 2016)

Page Range5760-5762
FR Document2016-01892

The Food and Drug Administration (FDA) is announcing the availability of the draft guidance for industry and FDA staff entitled ``Enforcement Policy on National Health Related Item Code and National Drug Code Numbers Assigned to Devices.'' When finalized, this draft document will describe the Agency's intent not to enforce, before September 24, 2021, the prohibition against providing National Health Related Item Code (NHRIC) or National Drug Code (NDC) numbers on device labels and device packages, with respect to certain finished devices manufactured and labeled prior to September 24, 2018. In addition, when finalized, this draft guidance will describe the Agency's intent to continue considering requests for continued use of FDA labeler codes under a system for the issuance of unique device identifiers (UDIs) until September 24, 2018. This draft guidance is not the final version of the guidance nor is it in effect at this time.

Federal Register, Volume 81 Issue 22 (Wednesday, February 3, 2016)
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5760-5762]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01892]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-0199]


Enforcement Policy on National Health Related Item Code and 
National Drug Code Numbers Assigned to Devices; Draft Guidance for 
Industry and Food and Drug Administration Staff; Availability and 
Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the draft guidance for industry and FDA staff entitled 
``Enforcement Policy on National Health Related Item Code and National 
Drug Code Numbers Assigned to Devices.'' When finalized, this draft 
document will describe the Agency's intent not to enforce, before 
September 24, 2021, the prohibition against providing National Health 
Related Item Code (NHRIC) or National Drug Code (NDC) numbers on device 
labels and device packages, with respect to certain finished devices 
manufactured and labeled prior to September 24, 2018. In addition, when 
finalized, this draft guidance will describe the Agency's intent to 
continue considering requests for continued use of FDA labeler codes 
under a system for the issuance of unique device identifiers (UDIs) 
until September 24, 2018. This draft guidance is not the final version 
of the guidance nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comments on 
this draft guidance before it begins work on the final version of the 
guidance, submit either electronic or written comments on the draft 
guidance by April 4, 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-2016-D-0199 for ``Enforcement Policy on National Health Related 
Item Code and National Drug Code Numbers Assigned to Devices.'' 
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.
    An electronic copy of the draft guidance document is available for 
download from the Internet. See the SUPPLEMENTARY INFORMATION section 
for information on electronic access to the guidance. Submit written 
requests for a single hard copy of the draft guidance document entitled 
``Enforcement Policy on National Health Related Item Code and National 
Drug Code Numbers Assigned to Devices'' to the Office of the Center 
Director, Guidance and Policy Development, Center for Devices and 
Radiological Health (CDRH), Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. 
Alternatively, you may submit written

[[Page 5761]]

requests for a single copy of the draft guidance to the Office of 
Communications, Outreach, and Development, Center for Biologics 
Evaluation and Research (CBER), Food and Drug Administration, 10903 New 
Hampshire Ave. Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to the office that you are ordering 
from to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: UDI Regulatory Policy Support, Center 
for Devices and Radiological Health, Food and Drug Administration, 
10903 New Hampshire Ave. Bldg. 66, Rm. 3303, Silver Spring, MD 20993-
0002, 301-796-5995, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 226 of the Food and Drug Administration Amendments Act of 
2007 (Pub. L. 110-85) and Section 614 of the Food and Drug 
Administration Safety and Innovation Act (Pub. L. 112-144) amended the 
Federal Food, Drug, and Cosmetic Act to add section 519(f) (21 U.S.C. 
360i(f)), which directs FDA to issue regulations establishing a unique 
device identification system for medical devices along with 
implementation timeframes for certain medical devices. The final rule 
(UDI Rule), establishing the unique device identification system, was 
published on September 24, 2013 (78 FR 58786). Among other 
requirements, the UDI Rule requires that the label and every device 
package of a medical device distributed in the United States bear a 
UDI, unless an exception or alternative applies (21 CFR 801.20).
    The unique device identification system is being phased in over 
seven years according to a series of compliance dates, based primarily 
on device classification. These compliance dates establish the dates 
after which devices placed into commercial distribution must bear a UDI 
on their labels and device packages as follows: September 24, 2014, for 
Class III devices and devices licensed under the Public Health Service 
Act (PHS Act); September 24, 2015, for implantable, life-supporting, or 
life-sustaining devices; September 24, 2016, for Class II devices; and 
September 24, 2018, for Class I and unclassified devices (78 FR 58786 
at 58815).
    To further the objectives of creating a national device 
identification system, the UDI Rule includes a provision that rescinds 
any NHRIC or NDC number, assigned to a medical device (21 CFR 801.57). 
Under Sec.  801.57(a), on the date a device is required to bear a UDI 
on its label, any NHRIC or NDC number assigned to that device is 
rescinded and may no longer be on the device label or on any device 
package. For a device not required to bear a UDI on its label, any 
NHRIC or NDC number assigned to that device is rescinded as of 
September 24, 2018, and may no longer be on the device label or on any 
device package (Sec.  801.57(b)).
    Currently, medical devices available through a pharmacy and 
potentially eligible for reimbursement from payers are generally 
labeled with an 11-digit reimbursement number, typically using an NHRIC 
or NDC number assigned to the device. The draft guidance, when 
finalized, would describe the Agency's intent not to enforce before 
September 24, 2021, the prohibition against providing NHRIC and NDC 
numbers on device labels and device packages of finished class III 
devices; devices licensed under the PHS Act; class II devices; and 
implantable, life-supporting or life-sustaining devices that are 
manufactured and labeled prior to September 24, 2018. This timeline 
would coincide with the schedule by which remaining class I and 
unclassified devices that do not qualify for an exception or 
alternative must bear a UDI on their labels and device packages. This 
enforcement policy, when finalized, would apply to the requirements 
under Sec.  801.57(a) for class III devices; devices licensed under the 
PHS Act; class II devices; and implantable, life-supporting or life-
sustaining devices only; it would not extend to any of the other 
requirements of the UDI Rule for these devices.
    FDA believes that continued implementation of UDI requirements 
under 21 CFR 801 subpart B and 21 CFR 830 subpart E according to the 
scheduled compliance dates is important to achieving the objectives of 
the UDI Rule in a timely manner. However, it is not FDA's intent to 
cause disruption to existing reimbursement, supply chain, and 
procurement processes, or to interfere potentially with patient access 
to treatment. We therefore recognize that additional time is 
appropriate for stakeholders to make changes to ensure that medical 
device reimbursement, supply chain, and procurement systems and 
processes will not depend on NHRIC and NDC numbers.
    Additionally, under Sec.  801.57(c) and (d), a labeler may submit a 
request to FDA for continued use of a previously assigned FDA labeler 
code under a system for the issuance of UDIs. A labeler who has been 
assigned an FDA labeler code to facilitate use of NHRIC or NDC numbers 
may continue to use that labeler code under a system for the issuance 
of UDIs provided that such use is consistent with the framework of the 
issuing Agency that operates that system and that the labeler submits, 
and obtains FDA approval of, a request for continued use of the 
assigned labeler code (Sec.  801.57(c)). Under Sec.  801.57(c)(2), the 
deadline to submit such a request is September 24, 2014.
    FDA intends to consider requests submitted to the Agency for 
continued use of an FDA labeler code under a system for the issuance of 
UDIs until September 24, 2018. In addition, FDA does not intend to take 
action against a labeler for incorporating a previously assigned FDA 
labeler code into its UDI without requesting approval to do so by the 
deadline set forth in Sec.  801.57(c)(2), if that labeler submits a 
request that otherwise complies with Sec.  801.57(c) and (d) by 
September 24, 2018. Labelers who have been granted continued use of an 
FDA labeler code by FDA should contact their FDA-accredited issuing 
Agency to incorporate the FDA labeler code into their UDIs.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on ``Enforcement 
Policy on National Health Related Item Code and National Drug Code 
Numbers Assigned to Devices''. It does not establish any rights for any 
person and is not binding on FDA or the public. You can use an 
alternative approach if it satisfies the requirements of the applicable 
statutes and regulations.

III. Request for Comments

    FDA is seeking additional information on this issue. FDA is 
particularly interested in receiving information relating to the 
following question:
     Is a time period through September 24, 2018, an 
appropriate amount of additional time for stakeholders to adopt medical 
device reimbursement, supply chain, and procurement systems that do not 
depend on having NHRIC and NDC numbers on the device label? If not, why 
is this not an appropriate amount of time and how much more time would 
be reasonable?

IV. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do 
so by downloading an electronic copy from the Internet. A search 
capability for all Center for Devices and Radiological Health guidance 
documents is available

[[Page 5762]]

at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm or at http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. Guidance documents are also available at http://www.regulations.gov. Persons unable to download an electronic copy of 
the draft guidance document entitled ``Enforcement Policy on National 
Health Related Item Code and National Drug Code Numbers Assigned to 
Devices'' may send an email request to [email protected] or to 
[email protected], or by calling 1-800-835-4709 or 240-402-7800, to 
receive an electronic copy of the document. Please use the document 
number GUD1500044 to identify the guidance you are requesting.

V. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of 
information described in FDA regulations. These collections of 
information are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 801 have been 
approved under OMB control number 0910-0485, and the collections of 
information in 21 CFR part 830 have been approved under OMB control 
number 0910-0720.

    Dated: January 28, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-01892 Filed 2-2-16; 8:45 am]
BILLING CODE 4164-01-P



                                                  5760                       Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices

                                                  that it will take respondents 1,206 hours               DATES:  Although you can comment on                   or at the Division of Dockets
                                                  of time (67 respondents × 18 hours) to                  any guidance at any time (see 21 CFR                  Management between 9 a.m. and 4 p.m.,
                                                  gather, copy, and submit brief                          10.115(g)(5)), to ensure that the Agency              Monday through Friday.
                                                  statements about the product, a                         considers your comments on this draft                    • Confidential Submissions—To
                                                  description of the details of the                       guidance before it begins work on the                 submit a comment with confidential
                                                  anticipated meeting, and data and                       final version of the guidance, submit                 information that you do not wish to be
                                                  information that generally would                        either electronic or written comments                 made publicly available, submit your
                                                  already have been generated for the                     on the draft guidance by April 4, 2016.               comments only as a written/paper
                                                  planned research and/or product                         ADDRESSES: You may submit comments                    submission. You should submit two
                                                  development.                                            as follows:                                           copies total. One copy will include the
                                                    The total number of burden hours for                                                                        information you claim to be confidential
                                                                                                          Electronic Submissions                                with a heading or cover note that states
                                                  this collection of information is 1,876
                                                  hours (670 hours to prepare and submit                    Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                                  meeting requests and 1,206 hours to                     following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                                  prepare and submit information                            • Federal eRulemaking Portal: http://               Agency will review this copy, including
                                                  packages).                                              www.regulations.gov. Follow the                       the claimed confidential information, in
                                                                                                          instructions for submitting comments.                 its consideration of comments. The
                                                    Dated: January 29, 2016.                              Comments submitted electronically,                    second copy, which will have the
                                                  Leslie Kux,                                             including attachments, to http://                     claimed confidential information
                                                  Associate Commissioner for Policy.                      www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                                  [FR Doc. 2016–02000 Filed 2–2–16; 8:45 am]              the docket unchanged. Because your                    for public viewing and posted on
                                                  BILLING CODE 4164–01–P                                  comment will be made public, you are                  http://www.regulations.gov. Submit
                                                                                                          solely responsible for ensuring that your             both copies to the Division of Dockets
                                                                                                          comment does not include any                          Management. If you do not wish your
                                                  DEPARTMENT OF HEALTH AND                                confidential information that you or a                name and contact information to be
                                                  HUMAN SERVICES                                          third party may not wish to be posted,                made publicly available, you can
                                                                                                          such as medical information, your or                  provide this information on the cover
                                                  Food and Drug Administration                            anyone else’s Social Security number, or              sheet and not in the body of your
                                                                                                          confidential business information, such               comments and you must identify this
                                                  [Docket No. FDA–2016–D–0199]                            as a manufacturing process. Please note               information as ‘‘confidential.’’ Any
                                                                                                          that if you include your name, contact                information marked as ‘‘confidential’’
                                                  Enforcement Policy on National Health                   information, or other information that                will not be disclosed except in
                                                  Related Item Code and National Drug                     identifies you in the body of your                    accordance with 21 CFR 10.20 and other
                                                  Code Numbers Assigned to Devices;                       comments, that information will be                    applicable disclosure law. For more
                                                  Draft Guidance for Industry and Food                    posted on http://www.regulations.gov.                 information about FDA’s posting of
                                                  and Drug Administration Staff;                            • If you want to submit a comment                   comments to public dockets, see 80 FR
                                                  Availability and Request for Comments                   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/
                                                  AGENCY:    Food and Drug Administration,                                                                      regulatoryinformation/dockets/
                                                                                                          public, submit the comment as a
                                                  HHS.                                                                                                          default.htm.
                                                                                                          written/paper submission and in the
                                                  ACTION:Notice of availability; request                  manner detailed (see ‘‘Written/Paper                     Docket: For access to the docket to
                                                  for comments.                                           Submissions’’ and ‘‘Instructions’’).                  read background documents or the
                                                                                                                                                                electronic and written/paper comments
                                                  SUMMARY:   The Food and Drug                            Written/Paper Submissions                             received, go to http://
                                                  Administration (FDA) is announcing the                     Submit written/paper submissions as                www.regulations.gov and insert the
                                                  availability of the draft guidance for                  follows:                                              docket number, found in brackets in the
                                                  industry and FDA staff entitled                            • Mail/Hand delivery/Courier (for                  heading of this document, into the
                                                  ‘‘Enforcement Policy on National Health                 written/paper submissions): Division of               ‘‘Search’’ box and follow the prompts
                                                  Related Item Code and National Drug                     Dockets Management (HFA–305), Food                    and/or go to the Division of Dockets
                                                  Code Numbers Assigned to Devices.’’                     and Drug Administration, 5630 Fishers                 Management, 5630 Fishers Lane, Rm.
                                                  When finalized, this draft document                     Lane, Rm. 1061, Rockville, MD 20852.                  1061, Rockville, MD 20852.
                                                  will describe the Agency’s intent not to                   • For written/paper comments                          An electronic copy of the draft
                                                  enforce, before September 24, 2021, the                 submitted to the Division of Dockets                  guidance document is available for
                                                  prohibition against providing National                  Management, FDA will post your                        download from the Internet. See the
                                                  Health Related Item Code (NHRIC) or                     comment, as well as any attachments,                  SUPPLEMENTARY INFORMATION section for
                                                  National Drug Code (NDC) numbers on                     except for information submitted,                     information on electronic access to the
                                                  device labels and device packages, with                 marked and identified, as confidential,               guidance. Submit written requests for a
                                                  respect to certain finished devices                     if submitted as detailed in                           single hard copy of the draft guidance
                                                  manufactured and labeled prior to                       ‘‘Instructions.’’                                     document entitled ‘‘Enforcement Policy
                                                  September 24, 2018. In addition, when                      Instructions: All submissions received             on National Health Related Item Code
                                                  finalized, this draft guidance will                     must include the Docket No. FDA–                      and National Drug Code Numbers
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                                                  describe the Agency’s intent to continue                2016–D–0199 for ‘‘Enforcement Policy                  Assigned to Devices’’ to the Office of the
                                                  considering requests for continued use                  on National Health Related Item Code                  Center Director, Guidance and Policy
                                                  of FDA labeler codes under a system for                 and National Drug Code Numbers                        Development, Center for Devices and
                                                  the issuance of unique device identifiers               Assigned to Devices.’’ Received                       Radiological Health (CDRH), Food and
                                                  (UDIs) until September 24, 2018. This                   comments will be placed in the docket                 Drug Administration, 10903 New
                                                  draft guidance is not the final version of              and, except for those submitted as                    Hampshire Ave., Bldg. 66, Rm. 5431,
                                                  the guidance nor is it in effect at this                ‘‘Confidential Submissions,’’ publicly                Silver Spring, MD 20993–0002.
                                                  time.                                                   viewable at http://www.regulations.gov                Alternatively, you may submit written


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                                                                             Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices                                             5761

                                                  requests for a single copy of the draft                 a device is required to bear a UDI on its             or NDC numbers may continue to use
                                                  guidance to the Office of                               label, any NHRIC or NDC number                        that labeler code under a system for the
                                                  Communications, Outreach, and                           assigned to that device is rescinded and              issuance of UDIs provided that such use
                                                  Development, Center for Biologics                       may no longer be on the device label or               is consistent with the framework of the
                                                  Evaluation and Research (CBER), Food                    on any device package. For a device not               issuing Agency that operates that system
                                                  and Drug Administration, 10903 New                      required to bear a UDI on its label, any              and that the labeler submits, and obtains
                                                  Hampshire Ave. Bldg. 71, Rm. 3128,                      NHRIC or NDC number assigned to that                  FDA approval of, a request for
                                                  Silver Spring, MD 20993–0002. Send                      device is rescinded as of September 24,               continued use of the assigned labeler
                                                  one self-addressed adhesive label to the                2018, and may no longer be on the                     code (§ 801.57(c)). Under § 801.57(c)(2),
                                                  office that you are ordering from to                    device label or on any device package                 the deadline to submit such a request is
                                                  assist that office in processing your                   (§ 801.57(b)).                                        September 24, 2014.
                                                  request.                                                   Currently, medical devices available                  FDA intends to consider requests
                                                  FOR FURTHER INFORMATION CONTACT: UDI
                                                                                                          through a pharmacy and potentially                    submitted to the Agency for continued
                                                  Regulatory Policy Support, Center for                   eligible for reimbursement from payers                use of an FDA labeler code under a
                                                                                                          are generally labeled with an 11-digit                system for the issuance of UDIs until
                                                  Devices and Radiological Health, Food
                                                                                                          reimbursement number, typically using                 September 24, 2018. In addition, FDA
                                                  and Drug Administration, 10903 New
                                                                                                          an NHRIC or NDC number assigned to                    does not intend to take action against a
                                                  Hampshire Ave. Bldg. 66, Rm. 3303,
                                                                                                          the device. The draft guidance, when                  labeler for incorporating a previously
                                                  Silver Spring, MD 20993–0002, 301–
                                                                                                          finalized, would describe the Agency’s                assigned FDA labeler code into its UDI
                                                  796–5995, email:
                                                                                                          intent not to enforce before September                without requesting approval to do so by
                                                  GUDIDSupport@fda.hhs.gov.
                                                                                                          24, 2021, the prohibition against                     the deadline set forth in § 801.57(c)(2),
                                                  SUPPLEMENTARY INFORMATION:                              providing NHRIC and NDC numbers on                    if that labeler submits a request that
                                                  I. Background                                           device labels and device packages of                  otherwise complies with § 801.57(c) and
                                                                                                          finished class III devices; devices                   (d) by September 24, 2018. Labelers who
                                                     Section 226 of the Food and Drug                     licensed under the PHS Act; class II                  have been granted continued use of an
                                                  Administration Amendments Act of                        devices; and implantable, life-                       FDA labeler code by FDA should
                                                  2007 (Pub. L. 110–85) and Section 614                   supporting or life-sustaining devices                 contact their FDA-accredited issuing
                                                  of the Food and Drug Administration                     that are manufactured and labeled prior               Agency to incorporate the FDA labeler
                                                  Safety and Innovation Act (Pub. L. 112–                 to September 24, 2018. This timeline                  code into their UDIs.
                                                  144) amended the Federal Food, Drug,                    would coincide with the schedule by
                                                  and Cosmetic Act to add section 519(f)                  which remaining class I and                           II. Significance of Guidance
                                                  (21 U.S.C. 360i(f)), which directs FDA to               unclassified devices that do not qualify                 This draft guidance is being issued
                                                  issue regulations establishing a unique                 for an exception or alternative must bear             consistent with FDA’s good guidance
                                                  device identification system for medical                a UDI on their labels and device                      practices regulation (21 CFR 10.115).
                                                  devices along with implementation                       packages. This enforcement policy,                    The draft guidance, when finalized, will
                                                  timeframes for certain medical devices.                 when finalized, would apply to the                    represent the current thinking of FDA
                                                  The final rule (UDI Rule), establishing                 requirements under § 801.57(a) for class              on ‘‘Enforcement Policy on National
                                                  the unique device identification system,                III devices; devices licensed under the               Health Related Item Code and National
                                                  was published on September 24, 2013                     PHS Act; class II devices; and                        Drug Code Numbers Assigned to
                                                  (78 FR 58786). Among other                              implantable, life-supporting or life-                 Devices’’. It does not establish any rights
                                                  requirements, the UDI Rule requires that                sustaining devices only; it would not                 for any person and is not binding on
                                                  the label and every device package of a                 extend to any of the other requirements               FDA or the public. You can use an
                                                  medical device distributed in the United                of the UDI Rule for these devices.                    alternative approach if it satisfies the
                                                  States bear a UDI, unless an exception                     FDA believes that continued                        requirements of the applicable statutes
                                                  or alternative applies (21 CFR 801.20).                 implementation of UDI requirements                    and regulations.
                                                     The unique device identification                     under 21 CFR 801 subpart B and 21 CFR
                                                  system is being phased in over seven                    830 subpart E according to the                        III. Request for Comments
                                                  years according to a series of                          scheduled compliance dates is                            FDA is seeking additional information
                                                  compliance dates, based primarily on                    important to achieving the objectives of              on this issue. FDA is particularly
                                                  device classification. These compliance                 the UDI Rule in a timely manner.                      interested in receiving information
                                                  dates establish the dates after which                   However, it is not FDA’s intent to cause              relating to the following question:
                                                  devices placed into commercial                          disruption to existing reimbursement,                    • Is a time period through September
                                                  distribution must bear a UDI on their                   supply chain, and procurement                         24, 2018, an appropriate amount of
                                                  labels and device packages as follows:                  processes, or to interfere potentially                additional time for stakeholders to
                                                  September 24, 2014, for Class III devices               with patient access to treatment. We                  adopt medical device reimbursement,
                                                  and devices licensed under the Public                   therefore recognize that additional time              supply chain, and procurement systems
                                                  Health Service Act (PHS Act);                           is appropriate for stakeholders to make               that do not depend on having NHRIC
                                                  September 24, 2015, for implantable,                    changes to ensure that medical device                 and NDC numbers on the device label?
                                                  life-supporting, or life-sustaining                     reimbursement, supply chain, and                      If not, why is this not an appropriate
                                                  devices; September 24, 2016, for Class II               procurement systems and processes will                amount of time and how much more
                                                  devices; and September 24, 2018, for                    not depend on NHRIC and NDC                           time would be reasonable?
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                                                  Class I and unclassified devices (78 FR                 numbers.
                                                  58786 at 58815).                                           Additionally, under § 801.57(c) and                IV. Electronic Access
                                                     To further the objectives of creating a              (d), a labeler may submit a request to                  Persons interested in obtaining a copy
                                                  national device identification system,                  FDA for continued use of a previously                 of the draft guidance may do so by
                                                  the UDI Rule includes a provision that                  assigned FDA labeler code under a                     downloading an electronic copy from
                                                  rescinds any NHRIC or NDC number,                       system for the issuance of UDIs. A                    the Internet. A search capability for all
                                                  assigned to a medical device (21 CFR                    labeler who has been assigned an FDA                  Center for Devices and Radiological
                                                  801.57). Under § 801.57(a), on the date                 labeler code to facilitate use of NHRIC               Health guidance documents is available


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                                                  5762                       Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Notices

                                                  at http://www.fda.gov/MedicalDevices/                   will be safe and effective for the                    2011–D–0469 for ‘‘Applying Human
                                                  DeviceRegulationandGuidance/                            intended users, uses, and use                         Factors and Usability Engineering to
                                                  GuidanceDocuments/default.htm or at                     environments. The recommendations in                  Medical Devices.’’ Received comments
                                                  http://www.fda.gov/BiologicsBlood                       this guidance document are intended to                will be placed in the docket and, except
                                                  Vaccines/GuidanceCompliance                             support manufacturers in improving the                for those submitted as ‘‘Confidential
                                                  RegulatoryInformation/default.htm.                      design of medical devices to minimize                 Submissions,’’ publicly viewable at
                                                  Guidance documents are also available                   potential use errors and resulting harm.              http://www.regulations.gov or at the
                                                  at http://www.regulations.gov. Persons                  FDA believes that these                               Division of Dockets Management
                                                  unable to download an electronic copy                   recommendations will enable                           between 9 a.m. and 4 p.m., Monday
                                                  of the draft guidance document entitled                 manufacturers to assess and reduce risks              through Friday.
                                                  ‘‘Enforcement Policy on National Health                 associated with medical device use.                      • Confidential Submissions—To
                                                  Related Item Code and National Drug                     DATES: Submit either electronic or                    submit a comment with confidential
                                                  Code Numbers Assigned to Devices’’                      written comments on this guidance at                  information that you do not wish to be
                                                  may send an email request to CDRH-                      any time. General comments on Agency                  made publicly available, submit your
                                                  Guidance@fda.hhs.gov or to                              guidance documents are welcome at any                 comments only as a written/paper
                                                  ocod@fda.hhs.gov, or by calling 1–800–                  time.                                                 submission. You should submit two
                                                  835–4709 or 240–402–7800, to receive                    ADDRESSES: You may submit comments                    copies total. One copy will include the
                                                  an electronic copy of the document.                     as follows:                                           information you claim to be confidential
                                                  Please use the document number                                                                                with a heading or cover note that states
                                                  GUD1500044 to identify the guidance                     Electronic Submissions                                ‘‘THIS DOCUMENT CONTAINS
                                                  you are requesting.                                       Submit electronic comments in the                   CONFIDENTIAL INFORMATION.’’ The
                                                                                                          following way:                                        Agency will review this copy, including
                                                  V. Paperwork Reduction Act of 1995
                                                                                                            • Federal eRulemaking Portal: http://               the claimed confidential information, in
                                                    This draft guidance refers to                         www.regulations.gov. Follow the                       its consideration of comments. The
                                                  previously approved collections of                      instructions for submitting comments.                 second copy, which will have the
                                                  information described in FDA                            Comments submitted electronically,                    claimed confidential information
                                                  regulations. These collections of                       including attachments, to http://                     redacted/blacked out, will be available
                                                  information are subject to review by the                www.regulations.gov will be posted to                 for public viewing and posted on
                                                  Office of Management and Budget                         the docket unchanged. Because your                    http://www.regulations.gov. Submit
                                                  (OMB) under the Paperwork Reduction                     comment will be made public, you are                  both copies to the Division of Dockets
                                                  Act of 1995 (44 U.S.C. 3501–3520). The                  solely responsible for ensuring that your             Management. If you do not wish your
                                                  collections of information in 21 CFR                    comment does not include any                          name and contact information to be
                                                  part 801 have been approved under                       confidential information that you or a                made publicly available, you can
                                                  OMB control number 0910–0485, and                       third party may not wish to be posted,                provide this information on the cover
                                                  the collections of information in 21 CFR                such as medical information, your or                  sheet and not in the body of your
                                                  part 830 have been approved under                       anyone else’s Social Security number, or              comments and you must identify this
                                                  OMB control number 0910–0720.                           confidential business information, such               information as ‘‘confidential.’’ Any
                                                    Dated: January 28, 2016.                              as a manufacturing process. Please note               information marked as ‘‘confidential’’
                                                  Leslie Kux,                                             that if you include your name, contact                will not be disclosed except in
                                                  Associate Commissioner for Policy.                      information, or other information that                accordance with 21 CFR 10.20 and other
                                                                                                          identifies you in the body of your                    applicable disclosure law. For more
                                                  [FR Doc. 2016–01892 Filed 2–2–16; 8:45 am]
                                                                                                          comments, that information will be                    information about FDA’s posting of
                                                  BILLING CODE 4164–01–P
                                                                                                          posted on http://www.regulations.gov.                 comments to public dockets, see 80 FR
                                                                                                            • If you want to submit a comment                   56469, September 18, 2015, or access
                                                  DEPARTMENT OF HEALTH AND                                with confidential information that you                the information at: http://www.fda.gov/
                                                                                                          do not wish to be made available to the               regulatoryinformation/dockets/
                                                  HUMAN SERVICES
                                                                                                          public, submit the comment as a                       default.htm.
                                                  Food and Drug Administration                            written/paper submission and in the                      Docket: For access to the docket to
                                                                                                          manner detailed (see ‘‘Written/Paper                  read background documents or the
                                                  [Docket No. FDA–2011–D–0469]                                                                                  electronic and written/paper comments
                                                                                                          Submissions’’ and ‘‘Instructions’’).
                                                                                                                                                                received, go to http://
                                                  Applying Human Factors and Usability                    Written/Paper Submissions                             www.regulations.gov and insert the
                                                  Engineering to Medical Devices;                                                                               docket number, found in brackets in the
                                                                                                             Submit written/paper submissions as
                                                  Guidance for Industry and Food and                                                                            heading of this document, into the
                                                                                                          follows:
                                                  Drug Administration Staff; Availability                    • Mail/Hand delivery/Courier (for                  ‘‘Search’’ box and follow the prompts
                                                  AGENCY:    Food and Drug Administration,                written/paper submissions): Division of               and/or go to the Division of Dockets
                                                  HHS.                                                    Dockets Management (HFA–305), Food                    Management, 5630 Fishers Lane, Rm.
                                                  ACTION:   Notice.                                       and Drug Administration, 5630 Fishers                 1061, Rockville, MD 20852.
                                                                                                          Lane, Rm. 1061, Rockville, MD 20852.                     An electronic copy of the guidance
                                                  SUMMARY:    The Food and Drug                              • For written/paper comments                       document is available for download
                                                  Administration (FDA) is announcing the                  submitted to the Division of Dockets                  from the Internet. See the
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                                                  availability of the guidance entitled                   Management, FDA will post your                        SUPPLEMENTARY INFORMATION section for
                                                  ‘‘Applying Human Factors and Usability                  comment, as well as any attachments,                  information on electronic access to the
                                                  Engineering to Medical Devices.’’ FDA                   except for information submitted,                     guidance. Submit written requests for a
                                                  has developed this guidance document                    marked and identified, as confidential,               single hard copy of the guidance
                                                  to assist industry in following                         if submitted as detailed in                           document entitled ‘‘Applying Human
                                                  appropriate human factors and usability                 ‘‘Instructions.’’                                     Factors and Usability Engineering to
                                                  engineering processes to maximize the                      Instructions: All submissions received             Medical Devices’’ to the Office of the
                                                  likelihood that new medical devices                     must include the Docket No. FDA–                      Center Director, Guidance and Policy


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Document Created: 2016-02-03 00:40:23
Document Modified: 2016-02-03 00:40:23
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 of availability; request for comments.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comments on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by April 4, 2016.
ContactUDI Regulatory Policy Support, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 66, Rm. 3303, Silver Spring, MD 20993- 0002, 301-796-5995, email: [email protected]
FR Citation81 FR 5760 

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