81_FR_62920 81 FR 62744 - 510(k) Third Party Review Program; Draft Guidance for Industry, Food and Drug Administration Staff, and Third Party Review Organizations; Availability

81 FR 62744 - 510(k) Third Party Review Program; Draft Guidance for Industry, Food and Drug Administration Staff, and Third Party Review Organizations; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 176 (September 12, 2016)

Page Range62744-62747
FR Document2016-21876

The Food and Drug Administration (FDA) is announcing the availability of the draft guidance entitled ``510(k) Third Party Review Program.'' This draft guidance provides a comprehensive look into FDA's current thinking regarding the 510(k) Third Party (TP) Review Program authorized under section 523 of the Federal Food, Drug, and Cosmetic Act (FD&C Act). In an effort to encourage harmonization, this guidance proposes to refer to, for the purpose of the TP Review Program, where appropriate and consistent with the FD&C Act and other applicable laws and regulations, the elements from the International Medical Device Regulators Forum's regulatory assessment program called the Medical Device Single Audit Program. In addition, the Food and Drug Administration Safety and Innovation Act (FDASIA) requires FDA to establish and publish in the Federal Register criteria to reaccredit and deny reaccreditation of TP Review Organizations. Those criteria, including others, are described in this draft guidance. This draft guidance is not final nor is it in effect at this time.

Federal Register, Volume 81 Issue 176 (Monday, September 12, 2016)
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62744-62747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21876]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-2565]


510(k) Third Party Review Program; Draft Guidance for Industry, 
Food and Drug Administration Staff, and Third Party Review 
Organizations; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
availability of the draft guidance entitled ``510(k) Third Party Review 
Program.'' This draft guidance provides a comprehensive look into FDA's 
current thinking regarding the 510(k) Third Party (TP) Review Program 
authorized under section 523 of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act). In an effort to encourage harmonization, this guidance 
proposes to refer to, for the purpose of the TP Review Program, where 
appropriate and consistent with the FD&C Act and other applicable laws 
and regulations, the elements from the International Medical Device 
Regulators Forum's regulatory assessment program called the Medical 
Device Single Audit Program. In addition, the Food and Drug 
Administration Safety and Innovation Act (FDASIA) requires FDA to 
establish and publish in the Federal Register criteria to reaccredit 
and deny reaccreditation of TP Review Organizations. Those criteria, 
including others, are described in this draft guidance. This draft 
guidance is not final 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 comment 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 January 10, 2017. Submit written or electronic comments on 
the collection of information by November 14, 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-2565 for the draft guidance entitled ``510(k) Third Party 
Review Program.'' 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

[[Page 62745]]

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 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 
``510(k) Third Party (TP) Review Program'' to the Office of the Center 
Director, Guidance and Policy Development, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your 
request.

FOR FURTHER INFORMATION CONTACT: Stacy Cho, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5625, Silver Spring, MD 20993, 240-402-6158.

SUPPLEMENTARY INFORMATION:

I. Background

    The purpose of the TP Review Program is to implement section 523 of 
the FD&C Act (21 U.S.C. 360m). Section 523 authorizes FDA to accredit 
third parties to review premarket notification (510(k)) submissions and 
recommend the initial classification of certain devices. FDA's 
implementation of section 523 includes establishing a process of 
recognition of qualified third parties to conduct the initial review of 
510(k) submissions for certain low-to-moderate risk devices eligible 
under the TP Review Program (formerly known as the Accredited Persons 
Program). The TP Review Program is intended to allow review of such 
devices by TP Review Organizations in order to provide manufacturers of 
these devices an alternative review process that may yield more rapid 
510(k) decisions. TP Review Organizations conduct the equivalent of an 
FDA premarket review of a 510(k) submission, and then forward their 
reviews, recommendations, and 510(k) submissions to FDA for a decision 
concerning the substantial equivalence of a device.
    In February 2011, the International Medical Device Regulators Forum 
(IMDRF) was conceived to discuss future directions in medical device 
regulatory harmonization. The IMDRF is a voluntary group of medical 
device regulators from around the world, including representatives from 
the FDA, who have come together to build on the strong foundational 
work of the Global Harmonization Task Force on Medical Devices. The 
purpose of the IMDRF is to accelerate international medical device 
regulatory harmonization and convergence.
    As one of its initial actions, the IMDRF developed the regulatory 
assessment program called the Medical Device Single Audit Program 
(MDSAP), which is outlined in a collection of documents (Ref. 1). The 
IMDRF MDSAP documents provide the fundamental building blocks of an 
auditing program by providing a common set of criteria to be utilized 
for the recognition and monitoring of entities that perform regulatory 
audits and other related functions.
    In an effort to encourage harmonization, this draft guidance refers 
to the standards described in the IMDRF MDSAP documents as criteria FDA 
will consider for recognition, rerecognition, recognition denial, 
rerecognition denial, and recognition withdrawal of TP Review 
Organizations under the TP Review Program. In addition, the draft 
guidance does not use those statutory terms found under section 523 of 
the FD&C Act such as accredited persons, accredit, or reaccredit, but 
defines such terms as third party review organizations, recognition, 
and rerecognition as synonymous terms. FDA appreciates the advantages 
of harmonized international standards, and FDA believes that, when 
finalized, this guidance document will help to further bring the TP 
Review Program into harmony with such standards, as well as provide 
clarity and consistency for industry.
    In addition, the goal of this draft guidance is to provide FDA's 
current thinking on the TP Review Program in the following areas: (1) 
TP Review Organizations review of 510(k) submissions; (2) requirements 
and recommendations for recognition and rerecognition of TP Review 
Organizations under the TP Review Program; (3) content and format of a 
TP Review Organization's application for initial recognition and 
rerecognition; and (4) suspension or withdrawal of recognition. 
Further, section 611 of FDASIA (Pub. L. 112-144) requires FDA to 
establish and publish in the Federal Register criteria to reaccredit 
and deny reaccreditation of TP Review Organizations. Those criteria are 
described in this draft guidance and if finalized, the guidance will 
represent FDA's implementation of section 611 of FDASIA.
    Upon issuance, this draft guidance will replace the draft guidance 
entitled ``Accreditation and Reaccreditation Process for Firms under 
the Third Party Review Program: Part I--Draft Guidance for Industry, 
Food and Drug Administration Staff, and Third Party Reviewers'' issued 
on February 15, 2013 (Ref. 2).

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 
represents the current thinking of FDA on the ``510(k) Third Party 
Review Program.'' 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. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do 
so by using the Internet. A search capability for all CDRH guidance 
documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance 
documents are also available at http://www.regulations.gov. To receive 
the draft guidance entitled ``510(k) Third Party Review Program,'' you 
may either send an email request to

[[Page 62746]]

[email protected] to receive an electronic copy of the 
document. Please use the document number 1500013 to identify the 
guidance you are requesting.

IV. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501-3502), 
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 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.

Medical Devices; Third-Party Review Under FDAMA

OMB Control Number 0910-0375--Revision
    This draft guidance describes the recognition, rerecognition, 
recognition/rerecognition denial, and recognition withdrawal processes, 
including criteria that will be considered for such processes under the 
TP Review Program. The draft guidance provides how TP Review 
Organizations can apply for recognition and rerecognition, as well as 
describes the information to be kept, maintained, and submitted to FDA 
for the purpose of TP review. The guidance, when finalized, will revise 
the collections of information for FDA's Third Party Review Program, 
OMB control 0910-0375. For clarity, we also propose to revise the title 
of the information collection to ``Third Party Review Program for 
Medical Device Premarket Notification.'' Additionally, to be consistent 
with the guidance, we propose to revise OMB control number 0910-0375 to 
use the terms recognition, rerecognition, recognition/rerecognition 
denial, and recognition withdrawal to refer to the process of 
accreditation, reaccreditation, accreditation/reaccreditation denial, 
and withdrawal of accreditation under section 523 of the FD&C Act.
    FDA estimates the burden of this collection of information as 
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
Requests for recognition                       1               1               1              24              24
 (current approval).............
Requests for rerecognition                     4               1               4              24              96
 (proposed).....................
510(k) reviews conducted by                   10              26             260              40          10,400
 recognized third party review
 organizations (current
 approval)......................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          10,520
----------------------------------------------------------------------------------------------------------------
\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 burden
                                                                    Number of        records per      Total annual           per           Total hours
                                                                  recordkeepers     recordkeeper         records        recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
510(k) reviews (current approval).............................                10                26               260                10             2,600
Recognition/Rerecognition documentation (proposed)............                10                 1                10                10               100
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................  ................  ................  ................  ................              2700
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA estimates from past experiences regarding the recognition and 
rerecognition processes that the application will take approximately 24 
hours per respondent. This average is based upon estimates by FDA 
administrative and technical staff that are familiar with the 
recognition and rerecognition processes under the TP Review Program. 
FDA requests comments on these estimates and the methodology used to 
estimate the burdens.
    Currently approved information collection:
 Reporting

    [cir] Requests for recognition: In the past 3 years, the Agency has 
averaged receipt of 1 application for recognition for third party 
510(k) review.
    [cir] 510(k) reviews conducted by recognized TP Review 
Organizations: According to FDA's data in 2009, the number of 510(k)s 
submitted for third party review is approximately 260 annually, which 
is on average 26 annual 510(k) reviews per each of the 10 recognized TP 
Review Organizations.

 Recordkeeping

    [cir] TP Review Organizations are expected to keep and maintain 
records related to their review of 510(k) submissions. According to 
2009 data, the Agency anticipates approximately

[[Page 62747]]

260 submissions of 510(k)s for third party review per year.
    Proposed revisions to the currently approved information 
collection:

 Reporting

    [cir] Requests for rerecognition: The Agency anticipates an average 
annual receipt of four applications for rerecognition for third party 
510(k) review. The Agency reached this estimate by reviewing the number 
of existing recognized firms under the TP Review Program and 
anticipating the number of firms applying for rerecognition every 3 
years.

 Recordkeeping

    [cir] The Agency expects TP Review Organizations to retain and 
maintain documentation related to recognition and rerecognition.
    The respondents for this information collection are private sector, 
for-profit firms seeking recognition and rerecognition.
    The draft guidance also refers to previously approved collections 
of information found in FDA regulations. The collections of information 
in 21 CFR part 807, subpart E have been approved under OMB control 
number 0910-0120; collections of information for the device appeals 
processes have been approved under OMB control number 0910-0738.

V. References

    The following references have been placed on display in the 
Division of Dockets Management (see ADDRESSES), and are available for 
viewing by interested persons between 9 a.m. and 4 p.m., Monday through 
Friday; they are also available electronically at http://www.regulations.gov. FDA has verified the Web site addresses, as of the 
date this document publishes in the Federal Register but Web sites are 
subject to change over time.

    1. International Medical Device Regulators Forum's Medical 
Device Single Audit Program documents, available at http://imdrf.org/documents/documents.asp.
    2. FDA Draft Guidance entitled ``Accreditation and 
Reaccreditation Process for Firms under the Third Party Review 
Program: Part I,'' February 15, 2013, available at http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM339697.pdf.

    Dated: September 6, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21876 Filed 9-9-16; 8:45 am]
BILLING CODE 4164-01-P



                                                62744                     Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices

                                                advises the Commissioner of Food and                      Dated: September 6, 2016.                           Electronic Submissions
                                                Drugs (the Commissioner) or designee in                 Janice M. Soreth,                                       Submit electronic comments in the
                                                discharging responsibilities related to                 Acting Associate Commissioner, Special                following way:
                                                the regulation of tobacco products. The                 Medical Programs.                                       • Federal eRulemaking Portal: http://
                                                Committee reviews and evaluates safety,                 [FR Doc. 2016–21819 Filed 9–9–16; 8:45 am]            www.regulations.gov. Follow the
                                                dependence, and health issues relating                  BILLING CODE 4164–01–P                                instructions for submitting comments.
                                                to tobacco products and provides                                                                              Comments submitted electronically,
                                                appropriate advice, information, and                                                                          including attachments, to http://
                                                recommendations to the Commissioner.                    DEPARTMENT OF HEALTH AND                              www.regulations.gov will be posted to
                                                                                                        HUMAN SERVICES                                        the docket unchanged. Because your
                                                II. Criteria for Voting Members
                                                                                                                                                              comment will be made public, you are
                                                                                                        Food and Drug Administration
                                                  The Committee consists of 12                                                                                solely responsible for ensuring that your
                                                members including the Chair. Members                                                                          comment does not include any
                                                                                                        [Docket No. FDA–2016–D–2565]                          confidential information that you or a
                                                and the Chair are selected by the
                                                Commissioner or designee from among                                                                           third party may not wish to be posted,
                                                                                                        510(k) Third Party Review Program;
                                                individuals knowledgeable in the fields                                                                       such as medical information, your or
                                                                                                        Draft Guidance for Industry, Food and
                                                                                                                                                              anyone else’s Social Security number, or
                                                of medicine, medical ethics, science, or                Drug Administration Staff, and Third
                                                                                                                                                              confidential business information, such
                                                technology involving the manufacture,                   Party Review Organizations;
                                                                                                                                                              as a manufacturing process. Please note
                                                evaluation, or use of tobacco products.                 Availability
                                                                                                                                                              that if you include your name, contact
                                                Almost all non-Federal members of this                                                                        information, or other information that
                                                committee serve as Special Government                   AGENCY:    Food and Drug Administration,
                                                                                                        HHS.                                                  identifies you in the body of your
                                                Employees. The Committee includes                                                                             comments, that information will be
                                                nine technically qualified voting                       ACTION:   Notice of availability.
                                                                                                                                                              posted on http://www.regulations.gov.
                                                members, selected by the Commissioner                                                                           • If you want to submit a comment
                                                                                                        SUMMARY:    The Food and Drug
                                                or designee. The nine voting members                                                                          with confidential information that you
                                                                                                        Administration (FDA) is announcing the
                                                include seven members who are                                                                                 do not wish to be made available to the
                                                                                                        availability of the draft guidance
                                                physicians, dentists, scientists, or health             entitled ‘‘510(k) Third Party Review                  public, submit the comment as a
                                                care professionals practicing in the area               Program.’’ This draft guidance provides               written/paper submission and in the
                                                of oncology, pulmonology, cardiology,                   a comprehensive look into FDA’s                       manner detailed (see ‘‘Written/Paper
                                                toxicology, pharmacology, addiction, or                 current thinking regarding the 510(k)                 Submissions’’ and ‘‘Instructions’’).
                                                any other relevant specialty. The nine                  Third Party (TP) Review Program                       Written/Paper Submissions
                                                voting members also include one                         authorized under section 523 of the
                                                member who is an officer or employee                    Federal Food, Drug, and Cosmetic Act                     Submit written/paper submissions as
                                                of a State or local government or of the                (FD&C Act). In an effort to encourage                 follows:
                                                Federal Government, and one member                      harmonization, this guidance proposes                    • Mail/Hand delivery/Courier (for
                                                who is a representative of the general                  to refer to, for the purpose of the TP                written/paper submissions): Division of
                                                public. Members will be invited to serve                Review Program, where appropriate and                 Dockets Management (HFA–305), Food
                                                for terms of up to 4 years.                             consistent with the FD&C Act and other                and Drug Administration, 5630 Fishers
                                                                                                        applicable laws and regulations, the                  Lane, Rm. 1061, Rockville, MD 20852.
                                                III. Nomination Procedures                              elements from the International Medical                  • For written/paper comments
                                                                                                        Device Regulators Forum’s regulatory                  submitted to the Division of Dockets
                                                   Any interested person may nominate                                                                         Management, FDA will post your
                                                one or more qualified individuals for                   assessment program called the Medical
                                                                                                        Device Single Audit Program. In                       comment, as well as any attachments,
                                                membership on the advisory committee.                                                                         except for information submitted,
                                                                                                        addition, the Food and Drug
                                                Self-nominations are also accepted.                                                                           marked and identified, as confidential,
                                                                                                        Administration Safety and Innovation
                                                Nominations must include a current,                                                                           if submitted as detailed in
                                                                                                        Act (FDASIA) requires FDA to establish
                                                complete résumé or curriculum vitae for                                                                     ‘‘Instructions.’’
                                                                                                        and publish in the Federal Register
                                                each nominee, including current                         criteria to reaccredit and deny                          Instructions: All submissions received
                                                business address and/or home address,                   reaccreditation of TP Review                          must include the Docket No. FDA–
                                                telephone number, and email address, if                 Organizations. Those criteria, including              2016–D–2565 for the draft guidance
                                                available. Nominations must also                        others, are described in this draft                   entitled ‘‘510(k) Third Party Review
                                                specify the advisory committee for                      guidance. This draft guidance is not                  Program.’’ Received comments will be
                                                which the nominee is recommended.                       final nor is it in effect at this time.               placed in the docket and, except for
                                                Nominations must also acknowledge                                                                             those submitted as ‘‘Confidential
                                                                                                        DATES: Although you can comment on                    Submissions,’’ publicly viewable at
                                                that the nominee is aware of the                        any guidance at any time (see 21 CFR
                                                nomination unless self-nominated. FDA                                                                         http://www.regulations.gov or at the
                                                                                                        10.115(g)(5)), to ensure that the Agency              Division of Dockets Management
                                                will ask potential candidates to provide                considers your comment on this draft
                                                detailed information concerning such                                                                          between 9 a.m. and 4 p.m., Monday
                                                                                                        guidance before it begins work on the                 through Friday.
                                                matters related to financial holdings,                  final version of the guidance, submit                    • Confidential Submissions—To
sradovich on DSK3GMQ082PROD with NOTICES




                                                employment, and research grants and/or                  either electronic or written comments                 submit a comment with confidential
                                                contracts to permit evaluation of                       on the draft guidance by January 10,                  information that you do not wish to be
                                                possible sources of conflicts of interest.              2017. Submit written or electronic                    made publicly available, submit your
                                                   This notice is issued under the                      comments on the collection of                         comments only as a written/paper
                                                Federal Advisory Committee Act (5                       information by November 14, 2016.                     submission. You should submit two
                                                U.S.C. app. 2) and 21 CFR part 14,                      ADDRESSES: You may submit comments                    copies total. One copy will include the
                                                relating to advisory committees.                        as follows:                                           information you claim to be confidential


                                           VerDate Sep<11>2014   18:40 Sep 09, 2016   Jkt 238001   PO 00000   Frm 00044   Fmt 4703   Sfmt 4703   E:\FR\FM\12SEN1.SGM   12SEN1


                                                                          Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices                                           62745

                                                with a heading or cover note that states                the FD&C Act (21 U.S.C. 360m). Section                third party review organizations,
                                                ‘‘THIS DOCUMENT CONTAINS                                523 authorizes FDA to accredit third                  recognition, and rerecognition as
                                                CONFIDENTIAL INFORMATION.’’ The                         parties to review premarket notification              synonymous terms. FDA appreciates the
                                                Agency will review this copy, including                 (510(k)) submissions and recommend                    advantages of harmonized international
                                                the claimed confidential information, in                the initial classification of certain                 standards, and FDA believes that, when
                                                its consideration of comments. The                      devices. FDA’s implementation of                      finalized, this guidance document will
                                                second copy, which will have the                        section 523 includes establishing a                   help to further bring the TP Review
                                                claimed confidential information                        process of recognition of qualified third             Program into harmony with such
                                                redacted/blacked out, will be available                 parties to conduct the initial review of              standards, as well as provide clarity and
                                                for public viewing and posted on http://                510(k) submissions for certain low-to-                consistency for industry.
                                                www.regulations.gov. Submit both                        moderate risk devices eligible under the                 In addition, the goal of this draft
                                                copies to the Division of Dockets                       TP Review Program (formerly known as                  guidance is to provide FDA’s current
                                                Management. If you do not wish your                     the Accredited Persons Program). The                  thinking on the TP Review Program in
                                                name and contact information to be                      TP Review Program is intended to allow                the following areas: (1) TP Review
                                                made publicly available, you can                        review of such devices by TP Review                   Organizations review of 510(k)
                                                provide this information on the cover                   Organizations in order to provide                     submissions; (2) requirements and
                                                sheet and not in the body of your                       manufacturers of these devices an                     recommendations for recognition and
                                                comments and you must identify this                     alternative review process that may                   rerecognition of TP Review
                                                information as ‘‘confidential.’’ Any                    yield more rapid 510(k) decisions. TP                 Organizations under the TP Review
                                                information marked as ‘‘confidential’’                  Review Organizations conduct the                      Program; (3) content and format of a TP
                                                will not be disclosed except in                         equivalent of an FDA premarket review                 Review Organization’s application for
                                                accordance with 21 CFR 10.20 and other                  of a 510(k) submission, and then                      initial recognition and rerecognition;
                                                applicable disclosure law. For more                     forward their reviews,                                and (4) suspension or withdrawal of
                                                information about FDA’s posting of                      recommendations, and 510(k)                           recognition. Further, section 611 of
                                                comments to public dockets, see 80 FR                   submissions to FDA for a decision                     FDASIA (Pub. L. 112–144) requires FDA
                                                56469, September 18, 2015, or access                    concerning the substantial equivalence                to establish and publish in the Federal
                                                the information at: http://www.fda.gov/                 of a device.                                          Register criteria to reaccredit and deny
                                                regulatoryinformation/dockets/                             In February 2011, the International                reaccreditation of TP Review
                                                default.htm.                                            Medical Device Regulators Forum                       Organizations. Those criteria are
                                                   Docket: For access to the docket to                  (IMDRF) was conceived to discuss                      described in this draft guidance and if
                                                read background documents or the                        future directions in medical device                   finalized, the guidance will represent
                                                electronic and written/paper comments                   regulatory harmonization. The IMDRF is                FDA’s implementation of section 611 of
                                                received, go to http://                                 a voluntary group of medical device                   FDASIA.
                                                www.regulations.gov and insert the                      regulators from around the world,                        Upon issuance, this draft guidance
                                                docket number, found in brackets in the                 including representatives from the FDA,               will replace the draft guidance entitled
                                                heading of this document, into the                      who have come together to build on the                ‘‘Accreditation and Reaccreditation
                                                ‘‘Search’’ box and follow the prompts                   strong foundational work of the Global                Process for Firms under the Third Party
                                                and/or go to the Division of Dockets                    Harmonization Task Force on Medical                   Review Program: Part I—Draft Guidance
                                                Management, 5630 Fishers Lane, Rm.                      Devices. The purpose of the IMDRF is                  for Industry, Food and Drug
                                                1061, Rockville, MD 20852.                              to accelerate international medical                   Administration Staff, and Third Party
                                                   An electronic copy of the guidance                   device regulatory harmonization and                   Reviewers’’ issued on February 15, 2013
                                                document is available for download                      convergence.                                          (Ref. 2).
                                                                                                           As one of its initial actions, the
                                                from the Internet. See the                                                                                    II. Significance of Guidance
                                                                                                        IMDRF developed the regulatory
                                                SUPPLEMENTARY INFORMATION section for
                                                                                                        assessment program called the Medical                    This draft guidance is being issued
                                                information on electronic access to the                 Device Single Audit Program (MDSAP),                  consistent with FDA’s good guidance
                                                guidance. Submit written requests for a                 which is outlined in a collection of                  practices regulation (21 CFR 10.115).
                                                single hard copy of the draft guidance                  documents (Ref. 1). The IMDRF MDSAP                   The draft guidance represents the
                                                document entitled ‘‘510(k) Third Party                  documents provide the fundamental                     current thinking of FDA on the ‘‘510(k)
                                                (TP) Review Program’’ to the Office of                  building blocks of an auditing program                Third Party Review Program.’’ It does
                                                the Center Director, Guidance and                       by providing a common set of criteria to              not establish any rights for any person
                                                Policy Development, Center for Devices                  be utilized for the recognition and                   and is not binding on FDA or the public.
                                                and Radiological Health, Food and Drug                  monitoring of entities that perform                   You can use an alternative approach if
                                                Administration, 10903 New Hampshire                     regulatory audits and other related                   it satisfies the requirements of the
                                                Ave., Bldg. 66, Rm. 5431, Silver Spring,                functions.                                            applicable statutes and regulations.
                                                MD 20993–0002. Send one self-                              In an effort to encourage
                                                addressed adhesive label to assist that                 harmonization, this draft guidance                    III. Electronic Access
                                                office in processing your request.                      refers to the standards described in the                 Persons interested in obtaining a copy
                                                FOR FURTHER INFORMATION CONTACT:                        IMDRF MDSAP documents as criteria                     of the draft guidance may do so by using
                                                Stacy Cho, Center for Devices and                       FDA will consider for recognition,                    the Internet. A search capability for all
                                                Radiological Health, Food and Drug                      rerecognition, recognition denial,                    CDRH guidance documents is available
                                                Administration, 10903 New Hampshire                     rerecognition denial, and recognition                 at http://www.fda.gov/MedicalDevices/
sradovich on DSK3GMQ082PROD with NOTICES




                                                Ave., Bldg. 66, Rm. 5625, Silver Spring,                withdrawal of TP Review Organizations                 DeviceRegulationandGuidance/
                                                MD 20993, 240–402–6158.                                 under the TP Review Program. In                       GuidanceDocuments/default.htm.
                                                SUPPLEMENTARY INFORMATION:                              addition, the draft guidance does not                 Guidance documents are also available
                                                                                                        use those statutory terms found under                 at http://www.regulations.gov. To
                                                I. Background                                           section 523 of the FD&C Act such as                   receive the draft guidance entitled
                                                  The purpose of the TP Review                          accredited persons, accredit, or                      ‘‘510(k) Third Party Review Program,’’
                                                Program is to implement section 523 of                  reaccredit, but defines such terms as                 you may either send an email request to


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                                                62746                               Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices

                                                CDRH-Guidance@fda.hhs.gov to receive                                          With respect to the following                                             that will be considered for such
                                                an electronic copy of the document.                                        collection of information, FDA invites                                       processes under the TP Review
                                                Please use the document number                                             comments on these topics: (1) Whether                                        Program. The draft guidance provides
                                                1500013 to identify the guidance you                                       the proposed collection of information                                       how TP Review Organizations can apply
                                                are requesting.                                                            is necessary for the proper performance                                      for recognition and rerecognition, as
                                                                                                                           of FDA’s functions, including whether                                        well as describes the information to be
                                                IV. Paperwork Reduction Act of 1995                                        the information will have practical                                          kept, maintained, and submitted to FDA
                                                   Under the Paperwork Reduction Act                                       utility; (2) the accuracy of FDA’s                                           for the purpose of TP review. The
                                                (PRA) (44 U.S.C. 3501–3502), Federal                                       estimate of the burden of the proposed                                       guidance, when finalized, will revise
                                                Agencies must obtain approval from the                                     collection of information, including the                                     the collections of information for FDA’s
                                                Office of Management and Budget                                            validity of the methodology and                                              Third Party Review Program, OMB
                                                (OMB) for each collection of                                               assumptions used; (3) ways to enhance                                        control 0910–0375. For clarity, we also
                                                information they conduct or sponsor.                                       the quality, utility, and clarity of the
                                                                                                                                                                                                        propose to revise the title of the
                                                ‘‘Collection of information’’ is defined                                   information to be collected; and (4)
                                                                                                                                                                                                        information collection to ‘‘Third Party
                                                in 44 U.S.C. 3502(3) and 5 CFR                                             ways to minimize the burden of the
                                                                                                                           collection of information on                                                 Review Program for Medical Device
                                                1320.3(c) and includes Agency requests                                                                                                                  Premarket Notification.’’ Additionally,
                                                or requirements that members of the                                        respondents, including through the use
                                                                                                                           of automated collection techniques,                                          to be consistent with the guidance, we
                                                public submit reports, keep records, or                                                                                                                 propose to revise OMB control number
                                                provide information to a third party.                                      when appropriate, and other forms of
                                                                                                                           information technology.                                                      0910–0375 to use the terms recognition,
                                                Section 3506(c)(2)(A) of the PRA (44
                                                                                                                                                                                                        rerecognition, recognition/rerecognition
                                                U.S.C. 3506(c)(2)(A)) requires Federal                                     Medical Devices; Third-Party Review                                          denial, and recognition withdrawal to
                                                agencies to provide a 60-day notice in                                     Under FDAMA                                                                  refer to the process of accreditation,
                                                the Federal Register concerning each
                                                                                                                           OMB Control Number 0910–0375—                                                reaccreditation, accreditation/
                                                proposed collection of information
                                                before submitting the collection to OMB                                    Revision                                                                     reaccreditation denial, and withdrawal
                                                for approval. To comply with this                                            This draft guidance describes the                                          of accreditation under section 523 of the
                                                requirement, FDA is publishing notice                                      recognition, rerecognition, recognition/                                     FD&C Act.
                                                of the proposed collection of                                              rerecognition denial, and recognition                                          FDA estimates the burden of this
                                                information set forth in this document.                                    withdrawal processes, including criteria                                     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 recognition (current approval) ........................                                               1                           1                          1                            24                 24
                                                Requests for rerecognition (proposed) ................................                                             4                           1                          4                            24                 96
                                                510(k) reviews conducted by recognized third party review
                                                  organizations (current approval) ......................................                                         10                         26                        260                             40          10,400

                                                      Total ..............................................................................    ........................   ........................   ........................    ........................           10,520
                                                   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 burden
                                                                                                                              Number of                                                     Total annual
                                                                                                                                                              records per                                                  per record-                      Total hours
                                                                                                                            recordkeepers                                                     records
                                                                                                                                                             recordkeeper                                                   keeping

                                                510(k) reviews (current approval) ....................                                            10                             26                           260                               10                  2,600
                                                Recognition/Rerecognition                documentation
                                                  (proposed) ....................................................                                 10                              1                             10                             10                     100

                                                      Total ..........................................................    ............................   ............................   ............................    ............................                 2700
                                                   1 There    are no capital costs or operating and maintenance costs associated with this collection of information.


                                                  FDA estimates from past experiences                                      methodology used to estimate the                                             number of 510(k)s submitted for third
                                                regarding the recognition and                                              burdens.                                                                     party review is approximately 260
                                                rerecognition processes that the                                             Currently approved information                                             annually, which is on average 26 annual
                                                application will take approximately 24                                     collection:                                                                  510(k) reviews per each of the 10
                                                hours per respondent. This average is                                      • Reporting                                                                  recognized TP Review Organizations.
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                                                based upon estimates by FDA                                                  Æ Requests for recognition: In the past                                    • Recordkeeping
                                                administrative and technical staff that                                    3 years, the Agency has averaged receipt
                                                are familiar with the recognition and                                      of 1 application for recognition for third                                     Æ TP Review Organizations are
                                                rerecognition processes under the TP                                       party 510(k) review.                                                         expected to keep and maintain records
                                                Review Program. FDA requests                                                 Æ 510(k) reviews conducted by                                              related to their review of 510(k)
                                                comments on these estimates and the                                        recognized TP Review Organizations:                                          submissions. According to 2009 data,
                                                                                                                           According to FDA’s data in 2009, the                                         the Agency anticipates approximately


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                                                                          Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices                                              62747

                                                260 submissions of 510(k)s for third                    DEPARTMENT OF HEALTH AND                              Institute, 9609 Medical Center Drive, Room
                                                party review per year.                                  HUMAN SERVICES                                        7W556, Rockville, MD 20892–9750, 240–
                                                                                                                                                              276–6411 sahab@mail.nih.gov.
                                                  Proposed revisions to the currently                                                                           Name of Committee: National Cancer
                                                approved information collection:                        National Institutes of Health
                                                                                                                                                              Institute Special Emphasis Panel Cancer
                                                • Reporting                                             National Cancer Institute; Amended                    Tissue Engineering Collaborative: Enabling
                                                                                                        Notice of Meeting                                     Biomimetic Tissue-Engineered Technologies
                                                  Æ Requests for rerecognition: The                                                                           for Cancer Research (U01).
                                                Agency anticipates an average annual                      Notice is hereby given of a change in                 Date: October 14, 2016.
                                                receipt of four applications for                        the meeting of the National Cancer                      Time: 8:00 a.m. to 6:00 p.m.
                                                rerecognition for third party 510(k)                    Institute Special Emphasis Panel,                       Agenda: To review and evaluate grant
                                                                                                        October 26, 2016, 11:00 a.m. to October               applications.
                                                review. The Agency reached this                                                                                 Place: Bethesda North Marriott Hotel &
                                                estimate by reviewing the number of                     26, 2016, 5:00 p.m., National Cancer
                                                                                                                                                              Conference Center, 5701 Marinelli Road,
                                                existing recognized firms under the TP                  Institute Shady Grove, 9609 Medical                   Bethesda, MD 20852.
                                                Review Program and anticipating the                     Center Drive, 4W034, Rockville, MD                      Contact Person: Nadeem Khan, Ph.D.,
                                                number of firms applying for                            20850 which was published in the                      Scientific Review Officer, Research
                                                rerecognition every 3 years.                            Federal Register on August 25, 2016, 81               Technology and Contract Review Branch,
                                                                                                        FR 58524.                                             Division of Extramural Activities, National
                                                • Recordkeeping                                           The meeting notice is amended to                    Cancer Institute, 9609 Medical Center Drive,
                                                                                                        change the date of the meeting to                     Room 7W260, Rockville, MD 20892–9750
                                                   Æ The Agency expects TP Review
                                                                                                        November 15, 2016 from 11:00 a.m. to                  240–276–5856, nadeem.khan@nih.gov.
                                                Organizations to retain and maintain
                                                                                                        5:00 p.m. The meeting is closed to the                  Name of Committee: National Cancer
                                                documentation related to recognition
                                                                                                        public.                                               Institute Special Emphasis Panel Cooperative
                                                and rerecognition.                                                                                            Agreement to Develop Targeted Agents for
                                                   The respondents for this information                   Dated: September 6, 2016.                           use with Systemic Agents Plus Radiotherapy
                                                collection are private sector, for-profit               Melanie J. Gray,                                      (U01).
                                                firms seeking recognition and                           Program Analyst, Office of Federal Advisory             Date: October 21, 2016.
                                                rerecognition.                                          Committee Policy.                                       Time: 10:00 a.m. to 5:00 p.m.
                                                                                                        [FR Doc. 2016–21786 Filed 9–9–16; 8:45 am]              Agenda: To review and evaluate grant
                                                   The draft guidance also refers to                                                                          applications.
                                                                                                        BILLING CODE 4140–01–P
                                                previously approved collections of                                                                              Place: National Cancer Institute Shady
                                                information found in FDA regulations.                                                                         Grove, 9609 Medical Center Drive, Room
                                                The collections of information in 21                                                                          7W030, Rockville, MD 20850 (Telephone
                                                                                                        DEPARTMENT OF HEALTH AND                              Conference Call).
                                                CFR part 807, subpart E have been                       HUMAN SERVICES
                                                approved under OMB control number                                                                               Contact Person: Thomas A. Winters, Ph.D.,
                                                                                                                                                              Scientific Review Officer, Special Review
                                                0910–0120; collections of information                   National Institutes of Health                         Branch, Division of Extramural Activities,
                                                for the device appeals processes have                                                                         National Cancer Institute, 9609 Medical
                                                been approved under OMB control                         National Cancer Institute; Notice of                  Center Drive, Room 7W412, Rockville, MD
                                                number 0910–0738.                                       Closed Meetings                                       20892–9750, 240–276–6386, twinters@
                                                                                                                                                              mail.nih.gov.
                                                V. References                                             Pursuant to section 10(d) of the
                                                                                                        Federal Advisory Committee Act, as                      Name of Committee: National Cancer
                                                  The following references have been                                                                          Institute Initial Review Group Subcommittee
                                                                                                        amended (5 U.S.C. App.), notice is
                                                placed on display in the Division of                                                                          F—Institutional Training and Education.
                                                                                                        hereby given of the following meetings.                 Date: October 24–25, 2016.
                                                Dockets Management (see ADDRESSES),                       The meetings will be closed to the                    Time: 7:30 p.m. to 3:45 p.m.
                                                and are available for viewing by                        public in accordance with the                           Agenda: To review and evaluate grant
                                                interested persons between 9 a.m. and 4                 provisions set forth in sections                      applications.
                                                p.m., Monday through Friday; they are                   552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,              Place: Bethesda Marriott, 5151 Pooks Hill
                                                also available electronically at http://                as amended. The grant applications and                Road, Bethesda, MD 20814.
                                                www.regulations.gov. FDA has verified                   the discussions could disclose                          Contact Person: Timothy C. Meeker, Ph.D.,
                                                the Web site addresses, as of the date                  confidential trade secrets or commercial              Scientific Review Officer, Resources and
                                                this document publishes in the Federal                  property such as patentable material,                 Training Review Branch, Division of
                                                Register but Web sites are subject to                                                                         Extramural Activities, National Cancer
                                                                                                        and personal information concerning                   Institute, 9609 Medical Center Drive, Room
                                                change over time.                                       individuals associated with the grant                 7W606, Rockville, MD 20892–9750, 240–
                                                   1. International Medical Device Regulators           applications, the disclosure of which                 276–6464, meekert@mail.nih.gov.
                                                Forum’s Medical Device Single Audit                     would constitute a clearly unwarranted                  Name of Committee: National Cancer
                                                Program documents, available at http://                 invasion of personal privacy.                         Institute Special Emphasis Panel, NCI
                                                imdrf.org/documents/documents.asp.                                                                            Clinical and Translational, R21: SEP–7.
                                                                                                          Name of Committee: National Cancer
                                                   2. FDA Draft Guidance entitled                                                                               Date: October 27, 2016.
                                                                                                        Institute Special Emphasis Panel R13
                                                ‘‘Accreditation and Reaccreditation Process                                                                     Time: 10:00 a.m. to 1:00 p.m.
                                                                                                        Conference Grant Review.
                                                for Firms under the Third Party Review                                                                          Agenda: To review and evaluate grant
                                                                                                          Date: October 11, 2016.
                                                Program: Part I,’’ February 15, 2013, available           Time: 12:00 p.m. to 6:00 p.m.                       applications.
                                                at http://www.fda.gov/downloads/                          Agenda: To review and evaluate grant                  Place: National Cancer Institute Shady
                                                MedicalDevices/                                         applications.                                         Grove, 9609 Medical Center Drive, Rockville,
sradovich on DSK3GMQ082PROD with NOTICES




                                                DeviceRegulationandGuidance/                              Place: National Cancer Institute Shady              MD 20850 (Telephone Conference Call).
                                                GuidanceDocuments/UCM339697.pdf.                        Grove, 9609 Medical Center Drive, Room                  Contact Person: Caron A. Lyman, Ph.D.,
                                                  Dated: September 6, 2016.                             7W556, Rockville, MD 20850 (Telephone                 Chief, Scientific Review Officer, Research
                                                Leslie Kux,                                             Conference Call).                                     Programs Review Branch, Division of
                                                                                                          Contact Person: Bratin K. Saha, Ph.D.,              Extramural Activities, National Cancer
                                                Associate Commissioner for Policy.                                                                            Institute, 9609 Medical Center Drive, Room
                                                                                                        Scientific Review Officer, Program
                                                [FR Doc. 2016–21876 Filed 9–9–16; 8:45 am]              Coordination and Referral Branch, Division            7W126, Rockville, MD 20892–9750, 240–
                                                BILLING CODE 4164–01–P                                  of Extramural Activities, National Cancer             276–6348, lymanc@mail.nih.gov.



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Document Created: 2016-09-10 00:56:53
Document Modified: 2016-09-10 00:56:53
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.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment 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 January 10, 2017. Submit written or electronic comments on the collection of information by November 14, 2016.
ContactStacy Cho, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5625, Silver Spring, MD 20993, 240-402-6158.
FR Citation81 FR 62744 

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